Family Law Myth 4: Bad Behaviour will affect the financial outcome in a divorce

MYTH: Bad Behaviour will affect the financial outcome in a divorce

REALITY: If one party has committed adultery or has not behaved particularly well during the marriage, then the innocent party will not retain all or most of the assets on divorce. Whilst unreasonable behaviour and adultery are grounds for divorce, the Court will not take this behaviour into account when considering the finances. 

However, poor conduct can be raised in financial proceedings, but the threshold is so high that it is raised in very few cases.  Such conduct will only be taken into account if it is ‘obvious and gross’, and although the behaviour may feel overwhelmingly gross and obvious to the affected person, the Court will only take into account exceptionally bad behaviour. Previous examples which have been taken into account are attempted murder, extreme violence and child abuse.

For more information or advice, please get in touch with the Family team.

These notes have been prepared for the purpose of articles only. They should not be regarded as a substitute for taking legal advice