You are here

Can a spouse’s ‘bad’ behaviour affect a divorce settlement?

Behaviour is rarely deemed relevant to a financial settlement but, when it is, substantial changes can be made without particular justification, writes Claire Reid

15 December 2015

Behaviour is frequently relevant at the start of many divorces because, under current law (section 1 ?of the Matrimonial Causes Act 1973), any person wishing to issue divorce proceedings without a period of at least ?two years’ separation from their spouse must use the other’s behaviour (adultery ?or unreasonable behaviour) ?to issue their divorce petition.  

When addressing how finances are resolved, the ?link with bad behaviour is set out in in section 25 of the Act.  However, it is only in rare cases that behaviour will affect a financial settlement.  

Statutory test

Section 25(2) of the Act provides that in deciding whether and how to exercise its powers to make financial provision or property adjustment orders, ?the court is to have regard to ‘all the circumstances of the case’.  The Act then draws particular reference at subsection (g) to ‘the conduct of each of the parties, if tha...

Want to read on?

This article is part of our subscription-based access. Please pick one of the options below to continue.

Already registered? Login to access premium content

SUBSCRIBE for one User

Unlimited access to the entire SJ website for a full year for one user.

  • 10 issues a year delivered to you
  • Digital edition of the magazine for one user – sent to your inbox or accessible through the website
  • Access to premium content on the website
  • Access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online
  • Advanced search feature
  • Online support
  • Access to SJ app compatible with Android and Apple devices – coming soon!
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

Subscribe

CORPORATE SUBSCRIPTION

Your department or entire firm can subscribe to Solicitors Journal online, providing easy access for all who require it. Discount corporate subscription rates apply, based on number of users.

The Corporate IP Licence includes:

  • Digital copy of the magazine sent to individuals’ inboxes and accessible through the website. Solicitors Journal publishes 10 issues per year
  • Unlimited access to premium content on the website based on IP addresses
  • Unlimited access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online (username required)
  • Unlimited access to SJ app compatible with Android and Apple devices
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

The Corporate IP Licence is tailored to your firm, making it the most cost effective way for the firm to access Solicitors Journal, and enables the firm to remain compliant with copyright and our Terms and Conditions. This gives you the ability to print and circulate articles within the firm.

To enquire about a Corporate IP Licence for your firm, please contact our Subscriptions Manager on emily.beechey@solicitorsjournal.com.