Conduct & Contributions - Key Issues Explored for Family Lawyers

Introduction

Central to every financial remedy case is the criteria set down by section 25 of the Matrimonial Causes Act 1973. Whilst the majority of the aspects of these criteria are self-explanatory, there are two elements that can often create difficulties for the parties in a financial remedy case. These are conduct (section 25(2)(g) MCA 1973) and contributions (section 25(2)(f) MCA 1973). Both conduct and contributions have layers within them to explore and a detailed understanding of these is imperative for every family law practitioner.

This course will allow for an exploration into these issues and how they interplay with matrimonial and non-matrimonial assets. This course will not only explore the central case law to these fields but also the recent updates so that you can apply these principles to your cases.

What You Will Learn

This course will cover the following:

• Importance of the section 25 criteria
• Matrimonial and non-matrimonial assets - where are we now
• An analysis of the types of contributions arguments that can be made
• Monetary and non-monetary contributions
• Special contributions and key case law
• An analysis of conduct arguments and the court’s approach
• Personal misconduct
• Financial conduct
• Litigation misconduct
• Updating key law and where are we now
• Small group work to allow for a practical skills-based approach
• Procedural considerations
• Top tips and practical guidance