Assumption: "The most important thing in financial remedy proceedings is making the court see how badly I was wronged."
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
More than almost any other instinct, litigants in person feel that if they can just make the judge understand how badly they were treated, the court will naturally rule in their favour on the finances.
Court Reality
The court in financial remedy proceedings is answering specific financial questions — what the assets are, what each party needs, what a fair division looks like — not adjudicating who was the worse spouse. Focusing on grievances rather than the questions the court actually has to answer is the instinct that trips up more litigants in person than almost any other. In Gray v Gray, the husband's focus on conduct rather than the financial questions led not only to losing the conduct argument but to a costs order of 75% of the wife's legal costs.
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The Gap?
"The most important thing in financial remedy proceedings is making the court see how badly I was wronged."
Court Reality
The court in financial remedy proceedings is answering specific financial questions — what the assets are, what each party needs, what a fair division looks like — not adjudicating who was the worse spouse. Focusing on grievances rather than the questions the court actually has to answer is the instinct that trips up more litigants in person than almost any other. In Gray v Gray, the husband's focus on conduct rather than the financial questions led not only to losing the conduct argument but to a costs order of 75% of the wife's legal costs.
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