One of the questions I am often asked is whether a person would end up getting less financially as a result of their behaviour, adultery or decision to walk out of the marriage.
Let me make it clear, there are very few circumstances under which a Court will financially ‘penalise’ one party over the other. Adultery is most definitely not one of them.
They take into account a number of factors set down in statute, such as ages of the children, ages of the parties, length of marriage, contributions, loss of benefits such as pension etc. The individual factors in a case will be what encourages the Court or an individual’s solicitor to advise them to deal with matters in a particular way. The Courts first consideration will always be the dependant children of the family.
As much as a person may be angry with their ex-partner, a solicitor’s (and ultimately the Court’s) job is to deal with rehousing the parties irrespective of their previous behaviour.
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