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CONDUCT: The blame game

14 September 2017  

Natasha Kurth suggests that arguments as to conduct should be rare in financial proceedings, and approached with caution

The issue of conduct in financial remedy proceedings is fraught with difficulty, and parties are often keen to assert that their spouse has engaged in conduct that they consider should impact on a financial remedy award. A commonly cited example is adultery. All too often we have to advise our clients that the conduct they describe, even if abhorrent to them, would be disregarded by the court when dealing with financial provision.

Additional Info

  • Case(s) Referenced:

    M v M (Financial Provision: Party Incurring Excessive Costs) [1995] 3 FCR 321

    MAP v MFP [2015] EWHC 627 (Fam)

    Martin v Martin [1976] Fam 335

    Miller v Miller; McFarlane v McFarlane [2006] UKHL 24

    R v B & ors [2017] EWFC 33

    Vaughan v Vaughan [2007] EWCA Civ 1085

    Wachtel v Wachtel [1973] EWCA Civ 10

Last modified on 14 September 2017