There is a common misconception that the conduct of the parties over the course of their marriage can impact on the outcome of the financial aspects of their divorce.    In reality, unless it is extreme, it is unlikely to have any impact at all.   

Conduct is one of the list of factors to be taken into account under section 25(2)(g) of the Matrimonial Causes Act 1973 and Schedule 5, Part 5 of the Civil Partnership Act 2004.  Such behaviour must however be sufficient to persuade the court that it would be inequitable to disregard it. 

This is a very high threshold to reach.  Examples of cases in which a conduct argument has been successful include a 1977 case in which one party to the marriage was attacked after the Decree Absolute and injured to the extent that it severely hindered their ability to work and a 1976 case where one party had irresponsibly frittered away assets that the other party would have potentially been entitled to a share of.   

At George Green LLP we are committed to providing realistic, timely and cost effective advice from the outset.  

We offer bespoke fixed fees tailored to your individual needs.

If you wish to discuss your matter with one of our specialist divorce and family lawyers then contact either Mark Vandaele at our Wolverhampton office on 01902 796930 or click here to send a email or contact Rachel Baker at our Cradley Heath office on 01384 340580 or click here to send an email. We offer a free initial telephone case assessment, which will allow us to advise you as to what the appropriate next steps are.

George Green LLP is a leading full service law firm and recognised as such in both Legal 500 and Chambers and Partners. Our lawyers make a difference by helping our clients succeed. We have offices in Cradley Heath and Wolverhampton.