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Divorce - Coggle Diagram

- - - - a) adultery
      - b) behaviour
        
        1(2)(b) since the date of the marriage the defender has at any time behaved (whether or not as a result of mental abnormality and whether such behaviour has been active or passive) in such a way that the pursuer cannot reasonably be expected to cohabit with the defender." (equivalent in s117(3)(a) for CP )
        
        behaviour must take place after the date of marriage lang v Land 1921 SC 44
        
        Course of conduct is not required
        
        the spouse will have to prove
        
        that there was behaviour on part of the defender
        
        that this behaviour is such that the pursuer cannot reasonably be expected to cohabit with the defender.
        
        there needs to be a casual relationshipn between the behaviour and the action for divorce Findlay v Findlay 1991
        
        Subjective test = need to consider the behaviour of the respondant and the character, personality, disposition and behaviour of the petitioner + can the petitioner with their personality, and faults good and bad be reasonably expected to live with the respondant - Ash v Ash 1972
        
        the pursuers reason for not being able to live with the defender must be reasonable
        
        the test is applied at the date of proof
        
        behaviour vs Condition
        
        the existence of a condition does not constitute behaviour but behaviour resulting from a condition can suffice e.g. anger outbursts from a condition can.
        
        Fullarton v Fullarton 1976
        
        Grant v Grant 1974
        
        passive behaviour = where one spouse while not actively harming the other behaves idle, useless and irresponsible to the point where the other spouces life is rendered intolerable but also where one spouse acts in a cold and indifferent way - clive page 379
        
        the behaviour does not need to be directed at the other spouse + whether or not the behaviour of the D was intended to upset the P is irrelevant = O'Neill v O'Neill 1975
      - d) non-cohabitation for one year with consent
      - e) non-cohabitation for 2 years