Unreasonable behavior and the welfare of the children

The Court will take into account all factors considering whether a particular behavior is ‘unreasonable’. The Court must weigh all factors put forward by both parties when deciding whether to grant a divorce. The long-term well being of the children is of prime consideration, if there are children to the marriage. The Court has to strike a balance between the petitioner and the needs of the family, including the welfare of the children in the event a divorce is granted.
It is very important that the unreasonable behavior must outweigh all other positive aspects of the marriage. It must be so serious as to make continuity of the relationship pointless, and cause suffering to the children should the marriage continue.