Unreasonable or Bad Behaviour in Divorce: Does It Affect Your Settlement?
If your spouse cheated, mistreated you, or behaved unreasonably during your marriage, you might think this should affect how your assets are divided.
It is a common question: “Will bad or unreasonable behaviour mean I get more in a divorce settlement?”
The short answer is: very rarely.
In most cases, the court does not take moral wrongdoing into account when deciding financial settlements.
However, there are limited situations where conduct is so serious that it cannot be ignored.
Here, our West Sussex Bennett Griffin Family Solicitors explain when unreasonable or bad behaviour might affect a divorce settlement, and when it will not.
Will Behaviour Ever Affect the Outcome of Financial Proceedings?
A 2023 survey, commissioned by Birkett’s, revealed that 71% of adults in England and Wales believe bad behaviour, such as infidelity, should impact divorce settlements.
In reality, most bad behaviour, including adultery, will have no bearing on how matrimonial assets are divided.
The courts focus on fairness and practical financial needs, not punishing moral wrongdoing.
However, Section 25(2)(g) of the Matrimonial Causes Act 1973 allows behaviour to be considered where it would be “inequitable to disregard it”.
This is a high threshold that is met only in exceptional cases.
What Counts as ‘Bad’ or ‘Unreasonable’ Behaviour?
Courts have described this threshold as requiring a “gasp factor” rather than a “gulp” (S v S, 2006).
Examples of conduct serious enough to affect financial settlements include the following.
- Serious physical violence, causing long-term injury and financial loss.
- Extreme financial misconduct, such as deliberately dissipating assets.
- Severe litigation misconduct, such as deliberately misleading the court.
1. Physical Conduct
Violence during or after the marriage can influence financial outcomes if it directly impacts the other spouse’s earning capacity or finances.
For example, in H v H (2006), the husband’s violent attack on his wife left her unable to work, and the court reduced his share of the assets.
Other rare examples include the following.
- A spouse attempting to murder the other.
- Severe assaults, leading to loss of income.
- Criminal conduct within the family, such as incest.
2. Financial Misconduct
Courts may “add back” dissipated funds into the matrimonial pot if one party deliberately or recklessly wastes assets before proceedings.
Examples include the following.
- Excessive gambling.
- Selling or giving away assets to reduce the other spouse’s share.
- Reckless spending with the intent to diminish the asset pool.
However, proving this is difficult and much depends on the particular facts of the case. In MAP v MFP (2015), the husband’s extravagant spending due to addiction was not deemed deliberate asset depletion.
3. Litigation Misconduct
Examples include the following:
- Failing to comply with court orders.
- Missing deadlines without a good reason.
- Providing incomplete or false disclosure.
- Wasting the court’s time and resources.
Consequences usually involve paying the other party’s legal costs, rather than altering the division of assets.
FAQs: Unreasonable Behaviour and Divorce Settlements
Will unreasonable behaviour affect my divorce settlement?
Only in extreme cases where the behaviour has a direct financial impact or meets the high legal threshold for conduct.
Does adultery affect financial settlements?
No. Adultery alone is not enough to influence asset division. And in any event, divorce law does not recognise ‘’adultery’’ as a separate fact to be relied upon for divorcing now.
What is considered bad behaviour in divorce?
Serious violence, deliberate financial sabotage, or misconduct during court proceedings.
Can the court punish immoral conduct?
The financial remedy court is not a court of morals. Conduct matters only when its impact is financially measurable.
How can I prove bad behaviour affected my finances?
You will need strong evidence, such as medical records, financial statements, or court findings, showing direct loss or harm caused by the behaviour.
Local Expertise in West Sussex
At Bennett Griffin, we regularly help clients in Worthing, Chichester, and across West Sussex understand how behaviour might influence their divorce settlement.
Our team has extensive experience in navigating all cases, according to their complexity and sensitivity, ensuring that your rights and interests are protected throughout the process.
Conclusion
It is natural to want justice; some form of retribution and/or accountability when a marriage ends badly.
However, in most divorces, unreasonable or bad behaviour will not change the financial settlement.
Only in rare and severe cases will conduct affect the division of assets, and even then, you will need strong evidence.
For help and advice in relation to divorce and/or financial settlement, please get in touch with Sarah or Jackie on 01903 229999 or 01243 256370.
Alternatively, visit our Family Law page to arrange a consultation
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The information contained in this article is for general guidance only and is not intended to be legal advice. Professional advice should always be taken on the application of the law in any particular situation.