How is Conduct of my spouse dealt with in divorce
How is Conduct of my spouse dealt with in divorce may be one of the first things you want to know when separated according to Cheshire divorce solicitors Stonehewer Moss but the issue needs to be analysed to get to the heart of the problem in the view of their accredited solicitor Michael Brennan. The problem is explained by Michael, “When your marriage falls apart it is only natural to assume the conduct of your husband or wife will be vital to how the Court distributes the financial assets but it is not that way in practice. The hallmark of a solicitor who does not know what he or she is about (or is not being straight with his or her client) is the pleading of conduct in support of a financial case in all but the most extreme circumstances. Small fortunes can be expended arguing that conduct is relevant but the best you might get back in the average case is a contribution your legal bill. Even then, if your have pursued the issued out of all proportion to the value of assets, you may not get costs paid. The Court is dispassionate; pursuing a case on conduct just to prove your ex is not a nice person does not help the court achieve a fair outcome. The exception to this will be conduct directly related to the resources available to distribute or related to how the marriage was set up from the start, the latter being in relation to attempts to go behind a correctly drawn pre nup. Other than that, the hiding of assets or disposal of assets will be relevant to some cases but, again, be proportionate. The reality for most people is that on divorce their resources will not fully meet their needs each however the cake is sliced up. The Court will be engaging in a wild goose chase if the assets you have are not valued beyond your needs in all but the most severe instances. Add back of misued assets if proven is an option, so the balance sheet on your side is built up by factoring part of the proven mis-spent money but note there is a case called Work v Gray in which a rich man spending unimaginable sums on prostitutes was not added back. The statute requires the court to exercise her discretion having regard to a list of factors of which conduct is one, but only if it is inequitable to disregard. There are cases such as K v L that relate to sexual assaults and H v H to attempted murder, when the conduct has become the overwhelming factor displacing the usual balancing exercise in favour of equality of outcome in a lengthy marriage divorce. In summary, my advice is firstly, take a back step and legal advice before committing pen to paper on conduct with the court, you may just look foolish; secondly, be realistic and don`
t waste your money paying solicitors to pursue conduct unless extreme and the assets are in proportion to the potential benefit; third, get a pre or post nup while you can as conduct will be relevant to it in a future divorce but again don`t make it a vanity project if your assets are modest and finally, never build a case for conduct thinking you are gaining an advantage unless you have lots of money and he or she is clearly being shady.”
How is Conduct of my spouse dealt with in divorce, incompetently in many cases.
For advice negotiation and representation in divorce finances cases in Cheshire please call 01606 872200 e mail firstname.lastname@example.org or visit www.stonehewermoss.co.uk