Family practitioners should be aware of the courts’ increasing readiness to impose costs orders as a result of poor behaviour or misleading evidence: Siobhan Vegh, Natalie Nero & Rebecca Sutton highlight a recent example
- How complex assets are treated in financial remedy proceedings where there is debate over whether they should be considered matrimonial or non-matrimonial.
- How assets are divided in cases where there are minimal liquid assets to rehouse parties and ensure dependent children’s wellbeing after separation.
- Considerations of non-disclosure and behaviour in proceedings and the impact on outcome.
Divorce and separation are rarely smooth, even for the most amicable of couples. Disputes over finances, assets and children are unfortunately all too common. Money is often one of the most contentious areas, and the law around the division of assets can be complex. It is sadly not uncommon for parties to become very acrimonious, or for one or both parties to behave poorly during proceedings. Poor behaviour in this context means hiding (or non-disclosure of) assets or pursuing a flawed argument.
Historically,
