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What do courts look into during Financial Remedy Proceedings?

In financial remedy proceedings, the court will consider various factors, including the financial needs of both parties, the standard of living during the marriage, contributions made by each party, duration of the marriage, and any physical or mental disabilities. Additionally, a party’s conduct during the marriage may be taken into account and is frequently one of the main aspects that an aggrieved party will want to rely on. However, it’s important to note that conduct is just one factor among many and its weight in the decision-making process can vary case by case.

The statutory provision that governs the question of conduct is s25(2)(g) MCA 1973 – “the conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it. At first glance, the wording of the statue here gives the court discretion whether to disregard conduct, which puts this statutory provision somewhat outside of the same category as the remaining factors included in s25, such as income, earning capacity, property, financial needs, etc.

Divorcing parties who wish to rely on conduct must also remember that it is not equivalent to morally questionable behaviour, and a party who wishes to rely on their spouse’s adultery, neglect, bad parenting or even domestic abuse may find themselves disappointed.

Relevant conduct, if proven, must, broadly speaking, meet a high threshold and, in most cases, will only be taken into account where there is an identifiable negative impact upon the matrimonial finances. For instance, while domestic abuse may not generally be taken into account, it may become relevant if it has resulted in the injured party’s inability to find employment. It bears repeating that in this scenario the court must be able to establish a cause-and-effect relationship between conduct, injury and its impact on the finances. Other instances of relevant conduct may be gambling, reckless spending or economic abuse.

As each case turns on its own facts, please contact Rose & Rose HPLP and we will be pleased to provide you with tailored advice regarding your circumstances in relation to family finances on divorce.

 

Talk To Our Specialists

Our family law solicitors can provide guidance and support in navigating family and matrimonial legal matters and the financial complexities that can arise. It is always important and highly advisable to seek professional legal advice to ensure the best course of action for your circumstance. Talk to our specialist Family Law team via the links below.

 

Written by Aneta Kapron

 

 

This blog post is not intended to be taken as advice or acted upon. If you are seeking legal advice, please contact our team of solicitors.

Aneta Kapron

Aneta Kapron

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