Finances

Litigation Conduct

1 min read

How a party behaves during court proceedings. In financial remedy cases, the court can take conduct into account where it would be inequitable to disregard it (Matrimonial Causes Act 1973, s.25(2)(g)) — but this is a high bar and only applies to conduct that is both serious and clearly impacts the financial outcome. Litigation conduct — such as failing to disclose assets, ignoring court orders, or dragging out proceedings unreasonably — can also lead to cost orders against the party at fault. It is distinct from the underlying conduct of the marriage, which the court generally does not consider.

In Plain English

This refers to how you behave during the court process, such as whether you follow orders or hide information. If a judge thinks you have behaved badly or wasted time, they can order you to pay the other person's legal costs.

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Published19 August 2026Last reviewed23 September 2026

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