The video footage of Andy Byron (CEO Astronomer) hugging a woman (who it transpires is his employee) has gone viral and there is much speculation over whether his wife will now divorce him and the settlement that she will potentially receive, the assumption being that the greater the misconduct the better the financial settlement. Here, McAlister Family Law’s Nicola Tiernan looks at No Fault Divorces and
In America the conduct of Mr Byron may well be a factor. In the UK, however, the conduct of the type filmed at that Coldplay concert, whilst making a sensational headline will not be of any relevance, either as a ground for divorce or as a consideration on financial distribution.
One of the most difficult pieces of advice to absorb for a client who feels wronged is that the misconduct of their spouse will not feature to any significant extent during the divorce. For some people it seems incomprehensible that if their spouse has broken their marriage vows, they should not be punished in some way, above and beyond a divorce and everything that follows from it.
April 2022 saw the introduction of the ‘No Fault Divorce’ which combined with the online system already in place makes the divorce itself (the paperwork exercise that dissolves the marriage) a relatively straightforward procedure. Many people find that they can in fact deal with the divorce without instructing solicitors and the system has been designed to encourage this. It, however, has always been the case that the financial issues arising out of the divorce will require detailed consideration, expert advice and skilled negotiation.
Along with addressing arrangements for the children, the financial considerations which arise on divorce are paramount and the importance of instructing a specialist solicitor cannot be understated. This does not necessarily mean Court Proceedings to address the finances, in fact settlement is often addressed a very long way from the Court room, but there needs to be a comprehensive understanding of the matrimonial finances. There will need to be consideration of the financial needs and capabilities of both parties moving forward, expert negotiation, and comprehensive drafting once a settlement has been agreed. A good solicitor will want to ensure that their client has the financial freedom and independence to rebuild their lives, and this requires meticulous analysis irrespective of the conduct of either party.
The starting point, as I’m sure Mrs Byron is being advised, is to call a good lawyer!
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