Since April 2022, the introduction of no-fault divorce has transformed the landscape of divorce law. Now, neither spouse is required to prove blame or bad behaviour – such as adultery or unreasonable conduct – to initiate divorce proceedings. Either party or both together can simply declare that the marriage has irretrievably broken down.
Is Bad Behaviour Ever Relevant?
While bad behaviour is not necessary to start a divorce, it can occasionally affect the division of assets – but only in cases of exceptional misconduct. This includes:
- Recklessly depleting marital assets
- Hiding financial resources
- Economic misconduct, such as fraud or gambling away joint funds
In such cases, the court may adjust the division of assets to compensate the other spouse.
Additionally, if one partner controls the other’s finances or restricts their ability to work, the affected party might receive a more favourable settlement. However, the Courts generally focus on a fair division based on needs and resources, not blame.
Bad Behaviour in Children Cases:
When children are involved, bad behaviour becomes more significant. Issues like domestic abuse, substance misuse, or neglect can heavily influence where the child is to reside. The court’s primary concern remains the best interests of the child, not punishing the offending parent.
Courts may:
- Restrict or supervise parental contact
- Deny contact entirely in extreme cases
- Mandate supervised visits for parents with a history of violence
- Request testing or rehabilitation if substance misuse endangers the child
If one parent manipulates the child against the other, residence or contact arrangements may be adjusted.
Courts may limit or supervise contact, or in serious cases, deny contact altogether. For example, a parent with a history of violence may need to attend supervised visits.
How We Can Help You:
We understand that navigating divorce law can be overwhelming and costly. At Divorce Solutions, our team of five experienced lawyers operates as divorce consultants rather than traditional solicitors.
Our focus is on:
- Simplifying the divorce process
- Avoiding costly mistakes
- Reducing tension and conflict
We leverage our experience to identify practical solutions that protect your interests and streamline the process.
Free Initial Consultation:
If you – or someone you know – could benefit from expert guidance during a divorce, we offer a complimentary initial consultation. Feel free to reach out and discover how we can support you.