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S.35 MCA- conduct

  • KayeMer
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16 Mar 24 #522726 by KayeMer
Topic started by KayeMer
Hellp, please can anyone tell me, what is the benefit of raising conduct (I am raising financial) but I nca't afford to keep going back to my barrister. She said it needs to be raised (I've been bullied and coerced and have alot of evidence this has lead to me being in a very vulnerable financial position) Is the reason for raising this, is it to move away from the yardstick of equality? I'm just pre empting, if the Judge asks me "what is the reason for raising conduct, what do you intend to gain?" kind of question...... what my answer is/should be please lovely people

  • hadenoughnow
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17 Mar 24 #522734 by hadenoughnow
Reply from hadenoughnow
A lot depends on how much is in the pot and whether your respective needs can be met. Conduct is rarely a factor in a needs case but there are circumstances in which it may be considered. Your barrister clearly thinks it is relevant.
If e.g. the pot has been diminished by his conduct and there's not enough for you both to buy a property, then there may be a useful argument say for your needs for housing to be prioritised. His may be met through renting. This may also apply if his actions have caused your financial position to be weakened

Or if assets have been dissipated there may be an argument for adding the value back into the pot - and apportioning the value to him.

Have you been given leave of the court to provide a statement as to conduct??

Hadenoughnow

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17 Mar 24 #522735 by KayeMer
Reply from KayeMer
Thank you for your answer, No, I've got the FDA coming up very soon. I am a LIP - He is represented -thus wasting more of our marital pot, whilst I am trying to save any penny that is left. I hope his legal costs aren't going to be taken from our pot?

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