Financial remedy proceedings – understanding conduct arguments

Conduct arguments can arise in financial remedy proceedings and, where established, may have a significant impact on the division of financial assets and the court’s exercise of discretion under section 25 of the Matrimonial Causes Act 1973. It is therefore essential for practitioners to understand when conduct can properly be raised, the types of behaviour that may be relevant, and the procedural considerations involved.

This webinar will provide a practical overview of conduct issues in financial remedy cases, including conduct during the marriage or civil partnership, litigation conduct, material non-disclosure and costs consequences under Part 28 of the Family Procedure Rules 2010. The webinar will also examine recent developments in the case law and the courts’ evolving approach to conduct allegations in financial remedy proceedings.

Topics covered include:

• Material non-disclosure and conduct issues – how does this impact upon the outcome?
• Growing case law surrounding material non-disclosure
• Litigation conduct and its application to Part 28 FPR 2010
• Economic abuse, conduct and financial remedy matters – consideration of DP v EP [2023] EWFC 6
• Manipulating documents and adjourning of capital claims due to conduct
• Pleading conduct in financial remedy cases – consideration of the principles set out within Tsyetkoy v Khayrova [2023] EWFC 230 and Tsyetkoy v Khayrova [2023] EWFC 131
• Continuing developments in conduct issues – consideration of O v O [2023] EWFC 161
• Paternity Fraud and Conduct – FRB v DCA (No.2) [2020] EWHC 754 (Fam)
• Costs in relation to deceit for pre-nuptial agreement – application of Helliwell v Helliwell [2025] EWCA Civ 1071
• Deceit during the marriage – implications of LP and MP [2025] EWFC 473