Assumption: "The court will reduce my ex's share of the assets because of the abuse during the marriage."
1 min readThis content reflects observational insights and lived community experiences. It does not constitute legal advice — always consult a qualified professional for your specific circumstances.
What People Expect
Domestic abuse is automatically taken into account when the court divides assets on divorce.
Court Reality
Under s.25(2)(g) MCA 1973, conduct is only considered if it would be inequitable to disregard it — and case law has set this threshold so high that family barristers call getting it admitted virtually impossible. Even then, the victim must prove the abuse caused specific financial impact. A government consultation on reforming this closed in August 2026, but the law has NOT changed yet.
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The Gap?
"The court will reduce my ex's share of the assets because of the abuse during the marriage."
Court Reality
Under s.25(2)(g) MCA 1973, conduct is only considered if it would be inequitable to disregard it — and case law has set this threshold so high that family barristers call getting it admitted virtually impossible. Even then, the victim must prove the abuse caused specific financial impact. A government consultation on reforming this closed in August 2026, but the law has NOT changed yet.
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