For a long time, people going through divorce in England and Wales were told the same thing: how your spouse behaved during the marriage is unlikely to affect the financial outcome. That advice is still broadly true, but important changes are starting to emerge.

Family courts have traditionally focused on dividing finances fairly, rather than passing judgment on who behaved badly. However, recent court decisions suggest that judges are now more willing to take serious behaviour into account, particularly where it involves abuse, control or financial manipulation.

If you are going through a divorce, this shift could be relevant to your case.

The Traditional Position: Behaviour Rarely Matters

The law allows a court to consider a person’s conduct when deciding financial arrangements following divorce, but only in very limited circumstances.

Under section 25 of the Matrimonial Causes Act 1973, behaviour is only relevant if it would be “inequitable to disregard it”. In practice, this has set an extremely high threshold. Courts have repeatedly said that only the most serious and obvious conduct should affect the outcome.

As a result, people were often advised not to raise conduct issues at all. Judges have been keen to avoid financial hearings becoming arguments about who was at fault, focusing instead on practical matters such as:

• Each person’s financial needs
• The assets available
• Contributions made during the marriage
• The future welfare of any children

This approach was designed to keep the process fair, consistent and less emotionally charged.

Why This Is Starting to Change

In recent years, courts have begun to recognise that some types of behaviour, even if they do not cause direct financial loss, can fundamentally affect fairness.

There is now greater awareness of issues such as coercive or controlling behaviour, emotional abuse, and economic abuse, including restricting access to money or financial information.

These forms of conduct can leave one spouse at a significant disadvantage, even where the assets themselves appear unchanged. Judges are increasingly alive to the reality that not all harm shows up clearly on bank statements.

A Key Case Highlighting the Shift

A recent decision, LP v MP [2025] EWFC 473, illustrates this changing approach.

In that case, one party put forward a financial claim based on their needs and contributions. However, the court found that their behaviour throughout the relationship, which included serious controlling and abusive conduct, was so extreme that it would be unfair to ignore it when deciding the outcome.

As a result, the judge reduced that party’s overall claim by 40%. This reduction was not intended as a punishment, but reflected the court’s view that the behaviour had fundamentally undermined the fairness of the financial claim being made. The judge considered that awarding the full amount sought would have required the other spouse to continue bearing the consequences of that conduct long after the marriage had ended.

Cases like this remain exceptional, but the message is clear. The court is now prepared, in the right circumstances, to take serious behaviour into account.

What This Means for People Going Through Divorce

It is important not to assume that every argument about behaviour will succeed. The threshold remains high, and conduct will not be relevant in the vast majority of cases.

However, where there has been serious misconduct, particularly involving abuse or coercive control, the court may be more willing to consider this as part of the overall picture.

This development reflects wider social changes and an increased understanding of the lasting impact that abusive and controlling behaviour can have, both emotionally and financially.

The Importance of Specialist Legal Advice

Because the law in this area is evolving, getting advice from an experienced family solicitor is more important than ever.

A specialist can help you understand whether conduct is likely to be relevant in your case, avoid raising arguments that could increase conflict or costs unnecessarily, present your position clearly and effectively, and focus on achieving a fair outcome.

How We Can Help

If you are dealing with a financial settlement following divorce and are concerned about how behaviour may affect the outcome, we can help you understand your options and guide you through the process.

Our experienced family lawyers offer clear, practical advice tailored to your circumstances. Please contact us if you would like support with a financial remedy matter on 0800 860 62 65 or info@ridleyandhall.co.uk

Clare Wilson – Family Solicitor