When you are going through a divorce, it is completely natural to feel that your ex spouse’s behaviour should count for something financially, especially if it has been unreasonable or hurtful.
“They’ve wasted money – surely that matters?”
“They treated me terribly – won’t the Court take that into account?”
The reality is more complex and this is exactly where expert advice can make a real difference.
In financial remedy proceedings the Court’s main goal is fairness – not punishment.
Under Section 25(g) of the Matrimonial Causes Act 1973, conduct is one of the factors a Judge must consider when deciding what financial orders to make; but only if it would be ‘inequitable to disregard it’ (i.e. unfair or unjust).
Whilst there is no legal definition of ‘conduct’, over the years the Courts have highlighted points that a party asserting conduct must prove, such as behaviour that is ‘obvious and gross’ and that there is an identifiable negative financial impact upon the parties generated by that behaviour.
Quite often conduct arguments fail because the legal threshold is so high. Most of the time, the Court is not interested in who was to blame for the breakdown of the marriage. Affairs usually won’t matter, general bad behaviour is unlikely to count and the Court will focus instead on fairness, needs and resources.
There are circumstances where conduct can significantly impact the outcome – but only if it is identified early and presented correctly.
If your ex partner has hidden assets, spent money recklessly or excessively or given away money to avoid sharing it, the Court may step in. Handled properly, this can lead to assets being “added back” into the pot or a more favourable settlement for you.
Very serious personal conduct may be relevant where it would be clearly unfair to ignore it. These cases are rare but when they do arise, they require careful handling to succeed.
Many people assume that conduct will strengthen their case but in reality pursuing a weak or unsupported argument can increase legal costs, delay settlement and damage credibility with the Court. Raising an unsuccessful conduct argument can in fact lead to cost sanctions being imposed upon you. A focused, strategic approach is therefore essential and knowing when not to pursue conduct is just as important as knowing when to raise it.
If you are concerned about your ex’s behaviour – especially financially- early advice makes a real difference. Contact our family team today to get clarity on your position.
