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Section 25 non-financial Conduct

  • WildMumma
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13 Sep 21 - 13 Sep 21 #517708 by WildMumma
Topic started by WildMumma
Hello I am hoping someone can point me in the right direction? I need to submit an official 'Police Disclosure Application' to the Court ahead of the FDR.

My husband is under investigation for the possession of indecent images of children and child sexual abuse.

Now, my argument is that the marriage was so short BECAUSE of this conduct (and his assault of me which he was found guilty of).

The judge stated that he wasn't sure conduct would be considered because under the Section 25 guidelines, but how on earth can this behaviour NOT be taken into account?

How should I argue this so that they have to allow it?

The only thing I've managed to find online is: In the helpful case of S v S [2006] EWHC 2793, Stanley Burton J listed most of the reported cases where non-financial conduct had been successfully pleaded. Husband committed incest with children of the family being one of them! Can anyone please offer me any guidance on this? Thank you so much!!!
Last edit: 13 Sep 21 by WildMumma. Reason: too identifying

  • hadenoughnow
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14 Sep 21 #517713 by hadenoughnow
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In financial cases, especially if children are involved, the first priority is always needs.

If for example his conduct means he is not permitted contact with children who live with you, that would diminish his housing need.

There may be some consideration of any financial benefit you would lose by not being married any longer.

If could also be that his income is impacted by his own actions. You should not be disadvantaged by this.

I am afraid though that as a general rule conduct has little bearing on the outcome. There is also no such thing as compensation for a bad marriage.

There are ways of bringing in conduct without making it the main focus of the case. If you are going to attempt to run a conduct case you would need the permission of the judge to do so. The judge may permit a conduct statement to be produced. That does not mean that the court will take the conduct into account above needs.

Hadenoughnow

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