Bethan Thomas examines the court’s approach to “add backs” here and in Australia
It is a difficult job for a family lawyer to advise a new client on the issue of fault and their spouse’s conduct. Quite often clients assume that if the other spouse is at fault, then they should pay for the costs of any financial proceedings. This is not however the case. What constitutes conduct which a court can take into account has changed over the years. Marital conduct, such as having an affair will not itself lead to securing a greater share of the assets in financial proceedings, but there are types of conduct which can result in one spouse being awarded a greater share of the marital assets.
Too inequitable to disregard
The conduct as defined by s 25 (g) of the Matrimonial Causes Act 1973 has to be too inequitable to disregard. What does this mean? How much notice will a court take of gambling, drug taking, and prostitution? A case dating back to 1973 ( Wachtel & Wachtel [1973] EWCA Civ 10, [1973] 1 All ER 829) referred to conduct
