Do the Grounds for Divorce Affect Financial Settlement?

The Divorce, Dissolution and Separation Act (2020) brings about the biggest changes in divorce law for more than half a century.

The introduction of no-fault divorce means that a spouse or a couple jointly can apply for a divorce by stating their marriage has broken down irretrievably.

This means that there is no longer a requirement to provide evidence of unreasonable behaviour or separation. Separating couples can get a divorce and civil partnership dissolution without blaming each other for the breakdown of their relationship.

It is hoped that removing the need for blame or fault will allow separating couples to deal with their separation more constructively by agreement. 

How are finances split on divorce?

If you are thinking about separating, it is important that you also think about the financial matters. The divorce element only serves to officially end a marriage or civil partnership, and it is essential that you receive legal advice.

Will the behaviour of my spouse be taken into consideration when sorting out the finances?

The courts are extremely reluctant to examine the causes of a marital breakdown. When considering the division of the finances on divorce or dissolution of a civil partnership, conduct will only be taken into consideration if it would be inequitable to disregard it.

What is conduct argument?

Conduct is a factor that is taken into consideration under Section 25 of the Matrimonial Causes Act 1973 when the court considers making a financial award. 

This means that it can be tempting for parties to try to list details of each other’s behaviour when considering the division of the assets during divorce. 

It is rarely the case that conduct is relevant within financial order proceedings. What one party might consider to be the bad behaviour of a spouse or civil partner, such as adultery, is usually immaterial as to the amount of financial provision ordered.

Types of conduct that the court might consider include but are not limited to the following: - 

• Reckless dissipation of matrimonial assets
• Litigation misconduct
• Non-disclosure during 

Here to help

If you have any questions or would like more information regarding finances on divorce, you can contact our Family Law Team below.