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Insight > Divorce and family FAQs > What impact does domestic abuse have on financial proceedings in a divorce?
What impact does domestic abuse have on financial proceedings in a divorce?
There is no fixed formula for working out a division of assets in a divorce. The English court has a wide discretion to decide on what is a fair financial outcome, having regard to all the circumstances of the couple (for further details see 'How are assets divided in a divorce?').
The legislation which guides the court in this discretionary exercise lists 'conduct of each of the spouses that it would be inequitable to disregard' as a factor to be considered by the court. The court's current interpretation means that the conduct needs to be obvious and gross in order to be taken into account and that the conduct needs to be financial in nature or have measurable financial consequences.
There is currently a high bar set by the court before domestic abuse is able to cross the conduct threshold, but specific advice is required in each case. We have been involved in many cases involving these issues including the most recent case N v J, in which we acted for the applicant. In all cases specific advice should be obtained as the facts of each case will determine the extent to which conduct might be taken into account.
In these FAQs and answers, we use 'England' as a shorthand for 'England and Wales' because England and Wales share a single legal system. Scotland, meanwhile, is a different legal system and has different rules for many aspects of family law.
We have also chosen to talk about 'marriages' most of the time (which may be between either an opposite or same-sex couple). Unless we say otherwise, what we have said is also true of civil partnerships (which may also be between an opposite or same-sex couple).
These FAQs (and our website more generally) contain general information based on English law as it stands at the date of publication, but they do not constitute legal advice, nor are they tailored to any couple or family's particular circumstances. Whilst we endeavour to ensure it is accurate and up to date, website users should seek appropriate legal advice before taking or refraining from any action based on the content of the website. We would, of course, be willing to assist with this, and you can contact us here.
Any pricing information is similarly general. Our clients' relationship with us is governed by the terms of the engagement letter sent to them at the beginning of their instruction.
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