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- If your spouse’s behaviour or conduct can be taken into account then it may mean that you receive a larger division of the marital assets. The court can deviate from its usual starting point of equalisation and it has the power to financially penalise your spouse for their conduct.
www.hcsolicitors.co.uk/2021/06/does-bad-behaviour-affect-the-financial-settlement-in-a-divorce/Behaviour & Financial Settlements in a Divorce | Hunt & Coombs
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Aug 14, 2024 · Domestic abuse or infidelity is generally not considered to meet the threshold to alter the final financial settlement unless it has a financial impact upon you, for example, if the impact of your spouse’s violence, either physically or mentally, prevents you from working.
If your spouse’s behaviour or conduct can be taken into account then it may mean that you receive a larger division of the marital assets. The court can deviate from its usual starting point of equalisation and it has the power to financially penalise your spouse for their conduct.
- What Misconduct Is Taken Into account?
- Personal Misconduct
- Financial Misconduct
- The Recent Case of Finch V Baker
- In Conclusion
In certain circumstances the courts can consider the misconduct or behaviour of a spouse, provided it would be ‘inequitable to disregard’. What is inequitable to disregard is a question for the courts based on the individual facts of a case. Such conduct must be ‘gross and obvious’ or what one judge described as conduct that has the ‘gasp’ factor. ...
Cases where personal conduct has crossed the threshold include illegal activities such as incest, marital rape, paedophilia, bigamy, and significant domestic violence such as stabbing or shooting a spouse. Most of the personal conduct cases that fulfilled the criteria involved attempted murder or grievous bodily harm upon a spouse, or in one case h...
The court can consider financial mismanagement by a spouse that has caused significant detriment to the marriage. There are several types of financial conduct that the court has considered relevant which include gambling, failing to pay tax bills, fraud and transferring assets for little or no consideration in an attempt to prevent their spouse fro...
The recent case of Finch v Baker looked at whether a spouse’s financial conduct should impact their financial settlement. The case involved Mrs Finch who was an executive in the BBC earning £160,000 per annum and her former husband Mr Baker who was at the time of the court case, an unemployed journalist. Mrs Finch was the significantly higher earne...
Bad behaviour, whether of financial or personal conduct does not commonly impact a divorce financial settlement. However, when it does it will have a significant detriment to the offending spouse. If you believe your spouse’s behaviour is so serious that it needs to be taken into account, then it is important to take early legal advice as it can be...
If your spouse’s behaviour or conduct can be taken into account, then it may mean that you receive a larger division of the marital assets. The court can deviate from its usual starting point of equality and it has the power to financially penalise your spouse for their conduct.
Oct 19, 2020 · The Judge described the husband’s behaviour as “destructive litigation” and therefore directed that the wife should receive a larger settlement due to his conduct in the proceedings.
Jul 7, 2017 · In short, the answer is no, people’s behaviour rarely impacts on a divorce settlement. However, I can quite understand why people might think otherwise, particularly when a client feels that their spouse’s conduct has: caused or contributed to the breakdown in the marriage. resulted in financial loss; or. delayed court proceedings.
If your spouse’s behaviour or conduct can be taken into account then it may mean that you receive a larger division of the marital assets. The court can deviate from its usual starting point of equalisation and it has the power to financially penalise your spouse for their conduct.
