It can be all too easy for emotions to run high during a divorce.

Feelings of betrayal, grief, anger, and frustration can all lead to behaviours that do not portray the best of us.

In the worst cases, this can unfortunately lead to one party taking actions that seek to punish, humiliate, or “get revenge” on their spouse.

While you may feel you have every reason to make life difficult for your ex-partner, your conduct during the divorce process could make a big difference to the outcome of your case.

Courts do not look favourably on individuals who are openly uncooperative with their ex-partner and refuse to engage properly with the legal process.

The case of TF v SF: A £30 million divorce

The case of TF v SF [2025] EWHC 1659 (Fam) sheds light on the importance of conduct post-separation.

The husband (known as H) engaged in business ventures that contributed significantly to the total wealth of £30 million that the couple had accrued by the time of separation. The wife (known as W) had stopped working two years into the relationship and had not been employed since.

The judge acknowledged that running the household and raising three children marked W’s non-financial but no less significant contribution to the marriage. On its own, this would have been grounds for W receiving a fair share of the couple’s £30 million.

The judgement, however, was swayed further in W’s favour due to the conduct of H.

The judge noted that H approached the divorce in an “intimidating” and “aggressive manner.” After separation, H immediately reduced the funds available to W, demanded that W return certain items, and offered inappropriately expensive gifts to his children in order to “humiliate” W.

H also failed to provide full and frank disclosure of his finances and business interests, and he attempted to restructure his business and divert income in a way that would reduce W’s entitlement.

Conversely, the judge found W to be a “dignified” and “honest witness” who took on most of the responsibility of looking after the children post separation, in a situation made more difficult by H “reducing and restricting funds available to W.”

The price of poor conduct

The judge noted that H’s control over the couple’s finances and information left W at a clear disadvantage. This inequity, combined with the emotional toll H’s actions left on W, was a key consideration for the judge when coming to a decision:

“I remain aware of the contribution W has made to family life since separation and that such a contribution was made at a time that H was taking action which made that family life very much more difficult than it ought to have been.”

As a result, the judge delivered an order that would facilitate a “clean break” between the parties, ruling that W would keep the family home (worth over £3 million) and receive a lump sum of £4.8 million from H, in addition to a 50 per cent pension order.

This result leaves W with 43 per cent of the total assets.

H was also ordered to pay one third of W’s court fees and a yearly child maintenance payment for the couple’s youngest child (aged 16) until the completion of tertiary education.

Conduct towards the courts and your spouse

H’s poor conduct towards both W and the courts played a significant role in the outcome of TF v SF.

This case is a cautionary tale that reveals how important respectful conduct is in divorce proceedings.

Had H behaved with more dignity towards W, disclosed his financial assets properly from the outset, and properly complied with the courts, the judge would probably have reached a different conclusion – one that still recognised W’s non-financial contribution, but that may have allowed H to retain more of the marital assets.

Don’t play foul

If you are going through a divorce, it is important to remain as civil and respectful towards your spouse as you can.

You should never seek to bully, humiliate, or get revenge on your ex-partner, no matter how justified you may feel these actions are.

The courts look more favourably on those who seek to cooperate and remain civil during divorce proceedings.

Fully complying with the courts is also important.

It may be tempting to disguise your finances to avoid a larger payout, but if you are found to have not been frank with your disclosure, the courts will not look kindly on you.

Dividing wealth in divorce with Mackrell LLP

Divorce is never easy, but it can be made even more complicated when substantial wealth is involved and one party is behaving poorly.

To ensure your best interests are represented, you need a solicitor you can rely on.

Our specialist family law team have a wealth of experience in supporting couples through the divorce process.

We can offer independent legal advice tailored to your situation and will help you work constructively with your spouse to reach an agreement outside of court where possible.

Should court proceedings become necessary, we’ll provide you with the robust representation needed to protect your future.

As founding members of Mackrell International, we are also uniquely positioned to offer international advice and representation across jurisdictions, with the expertise needed to support cross-border divorce cases.

Don’t leave your divorce to chance. For tailored advice and support, please get in touch with Alison Green, Consultant Solicitor and Head of Family & Relationships, on 0207 420 4193 or via email at alison.green@mackrell.com.