Infidelity will not influence how the matrimonial pot is to be divided. Whilst we accept that separation is incredibly stressful and emotional and that many clients expect the court to ‘punish’ their spouse for their behaviour, unless their conduct is exceptional it is likely to be disregarded.
If conduct is to have any weight it must be ‘obvious and gross’ and it must be ‘inequitable to disregard it’ (stated in the case of Miller and Miller). By example, we would expect for the court to make adjustment for the following types of extreme and gross behaviour:
- If one party seriously harms the other so much so that this leaves life-changing injuries which impact their employability.
- Sexual assault of a child of the family.
These are extreme cases which would warrant the courts’ consideration. Only in such circumstances would a court ‘punish’ a spouse by adjusting the division of the matrimonial pot.
Infidelity will not influence how the matrimonial pot is to be divided. Whilst we accept that separation is incredibly stressful and emotional and that many clients expect the court to ‘punish’ their spouse for their behaviour, unless their conduct is exceptional it is likely to be disregarded.
If conduct is to have any weight it must be ‘obvious and gross’ and it must be ‘inequitable to disregard it’ (stated in the case of Miller and Miller). By example, we would expect for the court to make adjustment for the following types of extreme and gross behaviour:
- If one party seriously harms the other so much so that this leaves life-changing injuries which impact their employability.
- Sexual assault of a child of the family.
These are extreme cases which would warrant the courts’ consideration. Only in such circumstances would a court ‘punish’ a spouse by adjusting the division of the matrimonial pot.