Does Character Count in UK Divorce Law? A Closer Look at Modern Proceedings

When a marriage comes to an end, one of the most common questions people ask is: “Will my ex’s behaviour affect the outcome of the divorce or financial settlement?” Whether it’s infidelity, dishonesty, emotional abuse, or poor treatment during the relationship, many people feel that these actions should be taken into account. After all, character and behaviour often play a big role in why a marriage breaks down.

But does character really count in the eyes of the law? The short answer: In most cases, no, but there are some exceptions.

Since April 2022, the divorce process in England and Wales has changed significantly. The introduction of the ‘no-fault’ divorce system means that couples no longer need to assign blame to legally end their marriage.

You are no longer required to prove adultery, unreasonable behaviour, or desertion. Instead, all that is required is a statement confirming that the marriage has irretrievably broken down. This change removes the need for emotionally charged and adversarial court battles over who is at fault, helping separating couples move forward in a more constructive way.

So, to answer the initial question plainly, in divorce proceedings themselves, character no longer counts. This move toward a more amicable and straightforward process has helped many families reduce conflict, legal costs, and delays during what is already a stressful time.

Although the divorce itself does not consider a person’s behaviour, many clients still want to know whether a partner’s conduct will impact how assets are properly divided e.g. the family home, pensions, savings etc.

In most cases, the court focuses on fairness and practical needs, not on past behaviour. The goal is to ensure that each party receives a fair share that reflects both their needs and their contributions to the marriage.

Courts in England and Wales consider several key factors when deciding how to divide finances:

• Each person’s income, earning capacity, and financial responsibilities
• The standard of living enjoyed during the marriage
• Contributions made by each party, both financial and non-financial (such as childcare or homemaking)
• The age and health of both individuals
• The future needs of each person, especially when children are involved

So, even if one partner was unfaithful, emotionally distant, or treated the other poorly, this usually won’t affect the financial outcome.

However, there are some important exceptions to this general rule. Courts can consider behaviour where it would be “inequitable to disregard it.” In practice, this is rare and only applies to extreme cases.

One example is where one party has been subjected to severe domestic abuse, especially when this abuse has caused financial consequences such as limiting the victim’s ability to work, earn, or contribute financially to the household. In these situations, the court may take the conduct into account when determining how to divide finances fairly.

Another exception is when one spouse has intentionally dissipated or hidden assets, for example, by spending large sums of money, transferring money to others to avoid sharing it, or refusing to disclose financial information. These actions can impact how assets are divided and may lead to adjustments in the financial award.

In short, while poor behaviour during the marriage does not usually affect financial outcomes, gross and obvious misconduct, particularly when it causes harm or financial loss, can be relevant.

It’s also crucial to understand that while character may not play a significant role in divorce or financial proceedings, it does matter in other areas of family law.

In cases involving Child Arrangements or Non-Molestation orders, a person’s behaviour and character can be highly relevant. Courts will always prioritise the welfare and safety of the child or vulnerable party, and in such cases, past conduct can carry significant weight.

At Hopkins Solicitors, we understand that every family and relationship is different. Even though the law may not always reflect the emotional reality of a breakup, we are here to guide you through the process with clarity, compassion, and practical advice.

If you’re navigating a separation, unsure about your financial rights, or concerned about how your ex-partner’s behaviour may affect your case, our experienced Family Law team is here to help. Please get into contact with our friendly team today to find out how we can support you.