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Will my spouse’s conduct affect the division of our assets on divorce?

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Q. I have recently discovered that my wife has been having an affair, resulting in the breakdown of our 25-year marriage.

We need to sell and divide our assets but as I feel my wife is entirely responsible for our separation, I think I should receive a greater share of our assets. I don’t think it’s fair for my spouse to get an equal share because if it was not for her affair we would still be together. Will the court take this into account?

A. As family lawyers we are often asked whether conduct impacts on the division of assets on divorce. Many of our clients feel certain that their spouses’ conduct will be taken into account when assets are divided, but this is rarely the case.

Conduct is only taken into account if it is so serious that it would be unfair not to take it into consideration.

Adultery is not considered to be serious misconduct. Choosing to pursue own interests rather than spending time with the family, not helping with household chores and causing arguments are also not considered to be serious misconduct.

Behaviour which is considered serious would usually involve causing serious physical harm to a spouse or children.

Misconduct may also be taken into account when it relates to the family’s finances. If one spouse has recklessly used assets, for example by gambling or spending wildly beyond the couples’ means, then the court may take this into account. In such cases the court would add back this money by dividing the assets as if the party who has used the money still has it.

Another situation where misconduct may be taken into account is if one party fails to conduct themselves properly during court proceedings, for example by failing to provide documentation that the court has requested. In these circumstances the court may make an order for one spouse to pay the legal costs of the other spouse.

For more information on dividing finances on divorce, or to discuss any aspect of family law, contact Janine Hutson on 01772 258321 or janine.hutson@harrison-drury.com


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