Conduct and divorce - does it really matter?

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.   

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