Conduct S 25(2)(g) Flashcards
For conduct to be taken into consideration what must there be
A treshold of bad behaviour that will be considered
What did Miller say behaviour must be
Lord Nicholls- the test is whether it so inequitable that we cannot ignore it? On the facts the marriage broke down due to the husband’s affair- this should not be taken into account (an everyday thing that doesn’t register under s25(2)(g). Need worse behaviour than that.
test from Kyte v Kyte
it is an objective test to behaviour: would a right thinking member of society think the conduct was such as to reduce or extinguish the persons entitlement
What were the facts of Kyte v Kyte
Husband suffered from bipolar disorder. Wife gave him sleeping pills during his depressive state in the hope he would overdose so that she can get all the assets.
Evans v Evans
Couple divorced 35 years before this court case, during which husband had paid maintenance. Husband had applied for variation. The wife employed people to murder the husband because she didn’t want the maintenance payments to stop. Hiring hit men did count as inequitable behaviour.
B v B
Couple divorced. Child lived with mum but was abducted by the dad- father sent to prison. The only asset the family had was the family home. Decided that the husband had behaved so badly that it justified the whole of the equity being given to the wife.
(N.B. need to secure the welfare of the child S 25(1))
K v L
Couple married for 24 years. Wife had a daughter by a previous marriage. Discovered that the husband had sexually abused the wife’s grandchildren and was convicted in a criminal court. Husband sought financial relief- got £50k out of £7 million. CA held that this was fair. His behaviour was so bad that it justified such a significant departure from equality.
A v A
Husband was lazy and refused to work. Wife had 2 jobs. Court held it would be unfair not to recognise the wife’s behaviour as exemplary and the husband’s as that not to be expected.
