Behaviour having an impact on divorce settlement

[BlastedPimples]

I thought behaviour wasn't taken into account in divorces anymore but according to this article it still can be.

My ex was violent to the point he's being prosecuted for it.

He was also financially controlling and reckless to the point were £750k of marital assets disappeared.

Does anyone have any insights or views on the article's points?

That article applies to the time before we had no-fault divorce, so it isn't relevant anymore. You can't petition on the grounds of unreasonable behaviour any more.

I think you may be talking at cross purposes? Behaviour can’t be cited as a reason to petition for divorce anymore, however, I think what the OP is referring to is the impact of behaviour on the financial settlement?

If it’s the latter, then I think that might still apply. However, my understanding is that the bar is set very high for it to have an impact.

Your case sounds pretty serious if there are criminal proceedings. However, I don’t know whether that is enough for it to be taken into account. I guess you would have to show it has had a significant impact on you to the point where it has seriously damaged your current and/or future earning capacity?

It would need to be the kind of domestic violence that was so bad you could never work again for it to make a difference to the asset split (i.e. inequitable to disregard it). Think attempted murder, serious maiming etc.

The disappearance of £750k would be more compelling (although if he's just pissed it up a wall on an addiction then it probably won't).

You need to look at the legal definition of “ fair settlement “:for divorce financial agreements as in marriage act
bad behaviour does not come into that, even when you could divorce on grounds of unreasonable behaviour. I should know as I had to give up a lot financially to my ExH despite his very unreasonable and sometimes abusive behaviour 😢
it can, in rare exceptions apply if one spouse was benefiting from their illegal activities historically. These exceptions usually fall into the court “ gasp” threshold ( ie so bad it makes a judge gasp), or evidence of significant financial misconduct ( ie gambling away recklessly most of families assets, and literally in one case attempted murder to try to benefit from life assurance payment )
obviously some people do get agreements that penalise the unreasonable action of an ex- that’s more down to what solicitors can agree and it will cost the divorcing couple a lot potentially to get into lengthy wrangling.