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The way to a woman’s heart...

...is not through her stomach if a recent case is to be believed.  An Egyptian woman has sought a divorce from her husband (a chef) on the grounds that his culinary skills have outshone her own.  Mohammed Said found himself in hot water with his wife when he took it upon himself to prepare an evening meal for the family.  Perhaps more to her annoyance, the parties' children enjoyed the meal so much that they no longer wished her to cook for them.  In another case it was reported that a woman sought divorce from her husband due to the fact that he had not showered since they married (a period of eight weeks). 

Whilst it may not be possible to raise an action of divorce in Scotland simply on the basis that your once beloved spouse has become the next Gordon Ramsay, the fact that (s)he has failed to apply the principles of basic hygiene might well be an example of "unreasonable behaviour" which, if deemed reasonably bad enough by the offended spouse, may be used to apply to the court for a divorce. 

In terms of the Divorce (Scotland) Act 1976 as amended by later legislation the two grounds for divorce in Scotland are that the marriage has broken down irretrievably or that an interim gender recognition certificate has been issued to either spouse after the date of marriage.  The irretrievable breakdown of the marriage must be based upon one of the following:

1) Adultery;
2) Unreasonable behaviour;
3) One years' non cohabitation with the consent of both spouses; or
4) Two years' non cohabitation where one spouse does not consent.

Many divorces in Scotland proceed on the basis of the parties having been separated for one or two years.  This is generally deemed to be the more straightforward approach.  However, adultery and unreasonable behaviour may be used to seek divorce more quickly which can be advantageous where one party is being uncooperative in negotiations.  Any examples of unreasonable behaviour require to be supported by an independent third party, so if your spouse starts to invite friends to the house to sample your cooking or measures the level of your shower gel each morning perhaps it is time to take note.

 


 

Posted by

Susie Smith

Susie Smith

Solicitor

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