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Conduct in financial remedies – when is it now a relevant consideration?

Date:30 NOV 2020
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Rachel Gillman, 1 GC/Family Law

This article provides an overview of all aspects of financial misconduct following the recent decision of Mostyn J in OG v AG [2020] EWFC 52, wherein all aspects of conduct were helpfully bought together, categorised and re appraised. There is a particular focus on when personal misconduct is to be taken into account, and the consequent appropriate reflection, if any, on the award. Whilst OG v AG may be taken to posit that a reflection in the capital award, would only stem from direct financial impact, the writer seeks to suggest that the decision does not detract from the principle that where serious personal misconduct is found, the measure of any impact of the division of the assets, singularly remains a discretionary exercise. 

There is consideration of the court’s rejection of the proposition that conduct can only be relevant to a sharing case and cannot be used to reduce a party’s needs.

The article also provides an update on “add-back”, and the limitations of this as an exercise in persuading the court to account for overspend, given the high bar, for “wanton” dissipation.

The full article will be published in the December issue of Family Law

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