21 September 2026
What is Conduct in Matrimonial Proceedings?
Section 25 of the Matrimonial Causes Act 1973 sets out the factors the court must consider when determining a fair financial settlement on divorce. One of those factors is the conduct of the parties.
However, conduct will only be taken into account where it would be “inequitable to disregard” such behaviour. This sets out a deliberately high threshold.
The court’s focus is not ordinarily on attributing blame for the breakdown of the marriage. The court’s primary objective in financial remedy proceedings is to achieve a fair outcome that meets the needs of both parties. As a result, non-financial conduct such as adultery, abandonment and, in many cases, even domestic abuse will not automatically affect the financial settlement.
So, What Type of Conduct Would the Court Feel is “Inequitable to Disregard”?
Case law has consistently demonstrated that the threshold for a successful conduct argument is very high.
A common example of a case where non-financial conduct was brought into proceedings is H v H (financial relief: attempted murder as conduct) [2005] in which the husband attempted to murder the wife in front of their children and was subsequently sentenced to 12 years in prison. The judge in this matter found that the husbands conduct had been sufficiently serious that it would be inequitable to disregard it. As a result, the wife’s needs were given greater priority when determining the financial award.
Another such example is the case of FRB v DCA (No 2) [2020] where a wife allowed her husband to raise their son in the belief that he was the biological father, when he was not. The wife’s deception was found to be so egregious that it would be inequitable to disregard and therefore was taken into account when determining the parties’ awards.
These cases illustrate just how exceptional conduct may need to be before it materially affects the divisions of the matrimonial assets.
Reform in This Area
The high threshold for conduct claims, particularly in cases involving domestic abuse, has been the subject of considerable debate and criticism.
In June 2026, the Ministry of Justice announced it’s ‘Fairer End to Relationships’ consultation, which considers potential reforms to the the law governing financial arrangements following divorce and separation.
One of the consultation’s key questions is whether domestic abuse should be given greater weight when determining the distribution of assets in financial remedy proceedings.
The consultation therefore provides an opportunity for organisations, family law professionals and individuals with lived experienced to share their views on how conduct arguments operate in practice. It also offers a platform to campaign for a shift in the courts approach to domestic abuse, particularly regarding the burden currently placed on the victim-spouse to prove that the domestic abuse they have experienced has been so “exceptional” that it meets the courts threshold so as to be inequitable to disregard it.
Whilst for now the consultation has not triggered any substantial overhaul of the approach to domestic abuse by the family courts in financial proceedings and the existing legal test remains unchanged it may signal a move towards a more modern and victim-focused approach to financial proceedings.
Talk to Us
If you are involved in financial remedy proceeding and believe that a conduct argument may be relevant to your case, our experienced, approachable and empathetic family law team is here to help.
Contact us today to discuss your circumstances and receive tailored advice as to the options available to you.
