Day: March 15, 2019

Balancing the Scales – Issues of Conduct and Non-Disclosure

Elizabeth Simos looks at issues of conduct and non-disclosure, and the impact where adverse inferences are drawn in needs cases. This article was first published in the March 2019 edition of the Family Law Journal. Much to the dismay of ‘wronged’ spouses in England and Wales, the courts are, more often than not, hesitant to ‘punish’ parties for their bad behaviour during a marriage when making financial orders on divorce. Case law has long established that the conduct of a spouse will only be considered in exceptional circumstances, where it is ‘gross and obvious’, and usually only in sharing cases…