Conduct in Divorce

How to behave in divorce

Some 30+ years ago, conduct or 'bad behaviour' ceased to influence the financial division, unless such behaviour was 'gross' and "obvious". In a 2005 case, a Judge did decide to allow conduct as an influencing factor, even though it could not be described as "gross and obvious" or even "bad".

That case concerned a short, 3 year, big money (£5m-ish) marriage without children. The judge tried to limit the effect of his decision by saying "the court is only likely to entertain evidence and argument as to the reason for the breakdown of the marriage in a tiny handful of cases, where the marriage is short and childless and where the assets are substantial".

Commentators wonder what can justify such limitations. The case is going to the House of Lords

Raising conduct is an expensive exercise.

• You need to make a Statement with details of the conduct alleged. Your spouse  will reply

• Solicitors prepare a schedule, listing every allegation alongside its response, to provide an easily readable, manageable format to help the Judge in his deliberations

• The Court will decide whether to hear the conduct issue or alone or deal with it at the general hearing

• Both parties have to be present to be examined and cross examined by barristers

Even if conduct is proven, there is no guideline as to how large an effect that should have. The whole exercise is a decided gamble.

Speak to Michael Breeze (07 900 195.195 ) of Kaslers Solicitors LLP (0845 270 2511)

Related topics you may find useful:

Divorce trust funds

Unmarried couples and property

Deeds of separation

Buying new property before divorce is finalised

Letting the wife live in the former matrimonial home 

Call Michael Breeze on 07900 195 195 or call 0845 270 2511 to set up an appointment