Is it Always a 50-50 Split of Assets on Divorce in England and Wales?

Divorce can be an emotionally challenging and complex process, especially when it comes to dividing assets and finances. One common misconception is that divorce settlements in England and Wales always result in a 50-50 split of assets between the parties involved. However, the reality is much more nuanced. In this blog, we dive into some of the factors that influence the division of assets during a divorce and shed light on the truth behind the popular belief.

In England and Wales, divorce settlements are governed by the Matrimonial Causes Act 1973. The court’s primary objective is to achieve a fair distribution of assets based on the principles of sharing, needs and compensation. However, this does not necessarily mean a strict 50-50 split in all cases, if an equal division of assets is insufficient to meet the needs of the parties.

Factors Influencing Asset Division:

Several factors come into play when determining how assets are divided during a divorce. These include:

1. Length of Marriage:

The duration of the marriage is a significant factor considered by the courts. Shorter marriages generally result in a more equal division of assets, while longer marriages may involve a more complex evaluation of the contributions made by each party.

      2. Financial Contributions:

The court takes into account the financial contributions made by each spouse during the marriage. This includes income, inheritances and property ownership. The aim is to achieve a fair distribution that reflects the financial contributions of each party.

      3.Contributions as a Homemaker:

Non-financial contributions, such as homemaking and child-rearing, are also recognised. The court acknowledges the value of these contributions and may factor them into the asset division process.

      4. Future Needs:

The court also considers the future needs of each party. This includes factors like age, health, earning capacity and childcare responsibilities. The goal is to ensure that both parties have a reasonable standard of living after the divorce.

The court has a duty to consider all circumstances of the case when making a decision on what financial order to make.

Seeking Legal Advice:

Given the complexity of divorce settlements, it is crucial to seek legal advice from a qualified family law practitioner. An experienced lawyer can guide you through the process, help you understand your rights, and negotiate a fair settlement based on your individual circumstances.

As there are a variety of factors which can influence the financial settlement, including the length of the marriage, financial contributions, non-financial contributions and future needs, and therefore often a number of legal arguments to make, it’s essential to consult with a knowledgeable family law practitioner to ensure your rights are protected during the divorce process.

Remember, every divorce case is unique, and the outcome will depend on the specific circumstances involved.

If you are considering divorce or looking for assistance in financial orders and your entitlement then look no further than Alexander JLO’s team if specialist, expert divorce lawyers. Why not give us a call on 020 7537 7000 or email peter@london-law.co.uk and see what we can do for you?

This blog was prepared by Guy Wilton on the 22nd February 2024 and is correct at the time of going to press. Guy lives on The Wirral and works in Liverpool. Guy and his team will be managing all work locally and have wide experience of acting for the firm’s clients, their family and their businesses. Guy’s experience as a lawyer started in the Northern and Welsh Circuits, including the Liverpool Courts, where he represented numerous clients in Civil proceedings after being called to the Bar, before opting to join Alexander JLO in 2017 and qualifying as a solicitor in 2024.

Guy’s profile on the independent Review Solicitor website can be viewed here.