The impact of a spouse’s behaviour on spousal maintenance
If a husband and wife separate and one starts divorce proceedings, then the divorce and family court has the power to make an order for spousal maintenance under the Matrimonial Causes Act 1973. However, whether the court will exercise the power and award spousal maintenance has changed over the years as the court and the public’s attitude towards spousal maintenance and financial independence after divorce has developed.
Many years ago, a court order for spousal maintenance for life was routine. After all, marriages tended to last longer and one spouse, normally the wife, would not have worked throughout the marriage and therefore had few up to date qualifications to secure a job to meet the family needs. In addition, there were few part time job options and it is only in recent years that the government has supported working parents by contributing towards childcare costs through Family Credit payments.
Some top London divorce solicitors still think that there can be a lack of consistency between divorce courts when the court makes decisions on whether to order for spousal maintenance, and if so, for how long. Furthermore, many couples chose to live together, rather than marry or enter a civil partnership. Some see the law as arbitrary as family law in the UK does not provide a remedy of spousal maintenance for a cohabitee after the breakdown of a relationship, even if one partner has given up a career to look after children or the elderly in-laws.
The uncertainty over spousal maintenance awards and their length and the relevance of one spouse’s behaviour can make it hard for a couple to reach a financial settlement in direct discussions or if they engage in family mediation without legal support from the best London divorce solicitors.
How can OTS Solicitors help?
The divorce and family law team at OTS Solicitors can advise you on spousal maintenance and financial settlement options including spousal maintenance for life and clean break orders. Advice is tailored to your individual circumstances and goals.
To discuss how OTS Solicitors can help you resolve spousal maintenance claims and advise you on your financial settlement or represent you in financial court proceedings please call us on 0203 959 9123 to speak to a member of the divorce and family law team who will be happy to help.
Spousal maintenance, conduct and section 25 of the Matrimonial Causes Act 1973
When the best London divorce solicitors are representing a spouse who is asked to pay spousal maintenance to a former spouse it is not unusual for a spouse to question whether spousal maintenance should be paid in light of their partner’s behaviour.
When a divorce court is deciding to make any financial court order, including spousal maintenance, the court has to consider a range of factors under section 25 of the Matrimonial Causes Act 1973. One of those factors is conduct. The Act says that conduct is to be regarded “if that conduct is such that it would be inequitable to disregard it”.
Back in the early 1900’s conduct played a major part in determining whether the family court would exercise its discretion and make a spousal maintenance order. The divorce court looked at virtue and morality to discourage vice when assessing what financial court order would be an appropriate financial settlement.
The top London divorce solicitors’ advise that in the twenty first century the London divorce courts largely ignore a spouse’s conduct or behaviour when deciding whether to make an award of spousal maintenance. Behaviour is not considered relevant by the divorce court unless it is extreme.
Spousal maintenance and behaviour affecting a financial award
The best London divorce solicitors are often asked whether one spouse choosing to leave a marriage that the other spouse thought was a happy marriage or having a fling amounts to extreme or inequitable behaviour.
Whilst desertion or an extra marital affair is certainly unreasonable behaviour and either would result in a spouse being able to start divorce proceedings on the basis of desertion, unreasonable behaviour or adultery it would not be classed as “extreme behaviour” sufficient to affect whether the court would make a spousal maintenance order.
What then does amount to “extreme behaviour”? When top London divorce solicitors are asked the question, they tend to quote the case of where a spouse shot his spouse. The behaviour was not only extreme but also affected the spouse’s earnings capacity and hence the divorce court thought it was relevant to the issue of spousal maintenance.
The 1900’s concept that an innocent or deserving spouse was worthy of spousal maintenance but one who had misbehaved was not entitled to alimony, plays no part in the divorce courts current approach to spousal maintenance awards. The top London divorce solicitors say that is partially down to changing moral attitudes to what constitutes “behaviour” but also because the divorce court does not want to engage in lengthy trials of behaviour within a marriage. The cost of dissecting the details of a marriage and analysing behaviour is a very expensive legal exercise and often the cost is not proportionate, especially nowadays when court proceedings can be expensive and behaviour has to be extreme to be considered a relevant factor affecting payment of spousal maintenance.
Spousal maintenance awards
The best London divorce solicitors are asked what section 25 Matrimonial Causes Act 1973 factors the divorce court will take into account when deciding whether to order spousal maintenance if the court will not look at the behaviour of their spouse.
Section 25 of the Matrimonial Causes Act 1973 lists a range of factors that the court considers when making a financial court order. The list includes the length of the marriage, the age of the husband and wife or civil partners, any disability of either party and the income and earnings capacity of the spouses or civil partners.
The top London divorce solicitors advise that getting help from a specialist solicitor on the factors in the Matrimonial Causes Act 1973 that are particularly relevant to the issue of spousal maintenance in the individual circumstances of your case is vital. By taking legal advice on how the Matrimonial Causes Act 1973 factors are interpreted by the court, a husband or wife will find it easier to reach a financial settlement with their spouse.
If a financial agreement cannot be reached and financial court proceedings are started then a spouse, who with expert divorce advice, focusses on the Matrimonial Causes Act 1973 factors that are relevant, from the court’s perspective, to their case they are more likely to secure a financial court order that they are comfortable with and save costs.
How can OTS Solicitors help?
The divorce and family law team at OTS Solicitors specialise in resolving financial settlements after a separation, dissolution of civil partnership or divorce.
OTS Solicitors can advise you on your financial settlement options, including spousal maintenance for life and clean break orders. Advice is bespoke to you and to your individual financial and personal circumstances.
To discuss how OTS Solicitors can help you negotiate spousal maintenance claims and clean break financial settlements or represent you in financial court proceedings please call us on 0203 959 9123 to speak to a member of the divorce and family law team who will be happy to help.