As regards divorce, recent press coverage has tended to concentrate on the financial settlements awarded following the divorces of very rich couples. One might therefore be forgiven for thinking that the conduct of the parties during the marriage is irrelevant to the settlement made.
In the sense of determining the division of the financial assets, the courts are disinclined to take account of conduct, unless it is of the most heinous kind.
However, conduct can be a factor in settlements, as illustrated by a recent case in which the divorced couple were wrangling over which of them should continue to occupy their property, which was a tenancy of which they were the joint tenants.
In the Court of Appeal, the view was taken that a judge must take a fair and balanced decision as to which of the parties should have the benefit of the tenancy and that all the circumstances of the case (including conduct) are relevant to the decision.
In this case, the husband's behaviour prior to the break-up of the marriage was such that the Court ruled that the tenancy should remain with his ex-wife.
We can advise you on your best course of action in the light of recent court decisions.
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