Divorce myth number 1 – You are entitled to a larger financial settlement if you divorce on the basis of adultery or unreasonable behaviour.

17th May 2013

Susan Davies of Ansons LLP Solicitors family law team in Lichfield, Staffordshire, explains: This is not true. 

“The reasons for divorce are not usually relevant when agreeing the financial arrangements at the end of a marriage.  The starting point for discussion is usually equality.

Unreasonable behaviour or adultery is not usually taken into account by a court, unless it is considered “gross and obvious” in which case it ‘may’ affect a divorce settlement.  For example, in one very sad case the husband attacked his wife and severed her hand with a knife.  As the wife was a nurse, this left her unable to work. This conduct was clearly “gross and obvious” and the husband’s financial settlement was reduced as a result.”