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Do the grounds for divorce affect financial settlements?

Every time a couple gets a divorce, they need to divide their joint assets. Things like property, cars, pensions etc. all need to be considered and the couple must either reach an agreement or, if they find that they cannot, head to court and let a judge decide who gets what.

Whilst most couples will be able to successfully negotiate an agreement, though, fear of the courts needing to become involved, combined with an inaccurate assumption of how the grounds for divorce will affect a judge’s ruling, prevent many from filing for divorce before they and their spouse have been living separately for more than two years. Though it’s understandable that people tend to assume that their spouse will be treated more favourably in court if they’ve accepted responsibility for the breakdown of the marriage, this is not the case.

Settlements that have been affected by the behaviour of a spouse are not unheard of, but only when their behaviour has directly and adversely influenced the couple’s financial situation. Such incidents are rare, however, and are not influenced by the grounds for divorce, but rather evidence submitted because of the need for the courts to rule on a settlement, only. Information present in a divorce petition or any other piece of documentation that must be filed as part of the divorce procedure has, to our knowledge, never been used as evidence in order to leverage a larger share of a couple’s joint assets.

Ultimately, legislators have recognised that apportioning absolute blame on one spouse is a hugely problematic task and this is why the grounds for divorce have no bearing on financial rulings. Perhaps this might seem unfair or odd. Shouldn’t a spouse that commits adultery suffer adverse effects as a result? Isn’t it only reasonable that a spouse that behaved unreasonably receives a lesser share of a couple’s joint assets? Perhaps, but it’s worth remembering that only one party can file and that only one can take the blame. To put it another way, a Divorce Petition alone does not prove that the party in question was solely responsible for the end of the marriage and, proving who was would be too time-consuming and expensive for it to be something a court could ever practicably rule on.

So, if you’ve not yet pursued a divorce because you’re concerned about the grounds affecting your settlement, don’t!

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