Many different factors may go into a determination, should a judge be called upon to rule in a divorce settlement. In this case, the two parties will have come in front of the court as they were unable to reach any agreement, and it will be up to the legal system to make orders in relation to the distribution of assets. How can the behaviour of one of the parties affect the legal decision when it comes to the amount that the other party may receive?

Driving the Case

No two cases are ever the same, and both of the parties will have arrived at this position following a specific journey and a certain number of events. Some of these events may have made a significant contribution to the decision and may have made them reach out to a court of law to help settle the argument.

Considering Behaviour

In some cases, poor behaviour on behalf of one of the individuals may have been a major factor in driving the other to seek a divorce. It's not unheard of for the judge to make a ruling that reflects the damage caused by this behaviour, and to give a larger amount to the other party as a consequence.

Contributing Under Duress

This type of situation may arise if the party with the most assets has exhibited patterns of violence toward the other person over a long period of time. This violent behaviour may have been repetitive and caused the other party to live in a constant state of worry. However, this individual may have been contributing to the household in terms of labour or other measures, but that contribution may have been performed under duress.

Adjusting the Decision

If this behaviour has proven to be significant and has made a discernible impact to that party's contribution to the union, then the judge may take this into account. In doing so, they may award a larger amount to the affected individual when deciding how to disperse the assets.

Presenting Your Case

If you feel that you were put in a position like this and suffered at the hands of the other party, then you will need to present a very clear and strong case in your support. To do this, you should consult with a family lawyer who has experience in this area and who can help you to approach this most effectively.

For more information, contact family law solicitors in your area.

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