Law Articles

Can domestic abuse have an impact on how assets are divided on divorce? 31/10/2024

A recent Family Court case explored how conduct, particularly involving allegations of domestic abuse, can affect financial remedy proceedings during a divorce. The wife, aged 52, and her husband, aged 56, had been together since 1993, cohabiting in 1996 and marrying in 2004. The wife, who worked within the NHS, had taken early retirement due to health issues, which she attributed in part to the behaviour of her husband. He, too, worked for the NHS.

In her legal documentation, the wife accused her husband of a pattern of coercive and controlling behaviour, claiming that this conduct played a role in her deteriorating health, preventing her from recovering and returning to work. The wife raised these allegations in the hope that they would be considered during the financial settlement, believing the husband's behaviour contributed to the breakdown of her career and her ongoing health struggles.

The court directed the wife to file detailed points of claim and submit a witness statement. The husband responded with his own witness statement, denying all accusations. After further submissions, a conduct case management hearing was scheduled to determine if the wife’s claims should be considered at trial. The wife sought to have her allegations included in the financial settlement process, while the husband wanted them dismissed.

The couple's assets amounted to approximately £2.12 million, with no pension information yet available. Legal costs escalated significantly, with the wife's fees reaching £55,726 and the husband's £59,212 by the time of the hearing.

The wife's allegations against the husband included belittling her career, restricting her social interactions and those of their children, attempting to alienate the children by involving them in financial matters, spying on her with cameras, monitoring her communication, and accessing confidential information exchanged between her and her solicitor. She further accused him of considering suicide and homicide, removing her pension lump sum, and cashing her shares without permission.

The court examined how conduct, particularly domestic abuse, fits into financial remedy proceedings. According to legal precedent, conduct is only considered if it is exceptional and has had a measurable financial impact. Recent case law, such as *N v J [2024]*, emphasises that conduct should be taken into account only when it significantly affects financial matters.

In this case, the court ruled that the wife’s allegations, even if true, did not meet the threshold for exceptional conduct that would influence the division of assets. The wife herself admitted that her husband’s behaviour was not the sole cause of her health issues, which reduced the weight of her argument. The court believed it could achieve a fair outcome by weighing all relevant factors, such as the wife’s health and financial needs, without needing to consider the husband’s conduct. Additionally, the judge pointed to the considerable costs already incurred and the need to manage limited court resources efficiently.

The court recognised that the wife was seeking validation for her experiences, but reaffirmed that its role in financial remedy proceedings is not to provide moral judgment or justification for past grievances. The emphasis in such cases remains on ensuring a fair and equitable distribution of assets, rather than delving into the complexities of personal conduct unless it has a demonstrable and exceptional impact on financial outcomes. By dismissing the wife’s claims, the court sent a clear message that conduct must meet a high standard of exceptionalism to alter financial proceedings, and that the core focus remains on the practical distribution of resources rather than on personal vindication.

For further information and advice on this issue, and other family law issues, please contact us for a free initial consultation on 01992 306 616 or 0207 956 2740 or email us.