Abusive wife’s conduct taken into account in financial settlement

When the court considers a financial remedies application on divorce it must in particular have regard to a number of specific matters, as laid out by parliament.

One of those matters is the conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it.

Conduct is in fact often raised by one or other of the parties in financial remedy proceedings. But the reality is that it very rarely has any bearing upon the financial settlement, as only conduct that is of a particularly serious nature will be taken into account.

A case in which it was taken into account took place recently in the Family Court in York.

The case concerned a husband’s financial remedies application, issued within divorce proceedings, following a long marriage.

What stood out about the case was the behaviour of the wife, who had undertaken a long-term campaign of abuse against the husband, including threats and actual violence, domestic abuse, and controlling and coercive behaviour. As a result, criminal proceedings were instigated against the wife. The wife pleaded guilty, and was sentenced in February 2023 to a 4-year term of imprisonment.

As a result of this the three children of the marriage lived with the father, and had only indirect supervised contact with the mother, following her release from prison on licence.

The husband’s application went before the court in March and April this year. The only assets that the court had to deal with were the net proceeds of sale of the former matrimonial home, and the parties’ pensions.

The sale of the home had realised some £216,000 net, from which the parties had each received an interim payment of £30,000, leaving a balance of just over £150,000.

As to pensions, the husband had an occupational pension from his former employer valued at £136,410, and a Standard Life pension valued at £69,547. The wife had an occupational pension valued at £127,831.

In deciding what to do with these assets the judge considered the matters laid out by parliament, including the conduct of the parties. As to that, he found that he was bound to take note of the outcome of the criminal proceedings taken against the wife, which obviously had a bearing upon the subsequent arrangements for the children, and therefore the parties’ housing needs. The effect of the wife’s conduct was sufficiently serious or exceptional to warrant consideration, and was quantifiable.

Taking this and other relevant matters into account the judge decided that the husband should be awarded all of the remaining proceeds of the former matrimonial home, to enable him to purchase a home for himself and the children of the family.

As to pensions, the judge ordered that there should be a pension sharing order in favour of the wife of 98% of the husband’s Standard Life pension, which would result in pension equality between the parties.

You can read the full report of the case here.

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