Factors a Judge Will Consider When Making a Decision For a Financial Order
February 3rd 2026
Going through a divorce can be an emotionally challenging experience, and one of the most crucial aspects is reaching a fair financial settlement.
The court plays a vital role in deciding how assets are divided between the parties involved.
Understanding the factors that influence a judge’s decision can help individuals navigate this process more effectively.
This article explores the key considerations that judges consider when deciding on a financial order in divorce.
The reason for the divorce or dissolution (such as Adultery) is not taken into account, which may come as a surprise to you.
Many people assume that if a partner has been unfaithful or caused the marriage to break down, they will be entitled to a bigger share of the financial settlement.
Before looking at the specific factors, we need to talk about the importance of financial disclosure in divorce.
When applying to the court to make a financial order legally binding, both parties must lay out their financial position so that a Judge can decide what’s fair and reasonable.
Section 25 of the Matrimonial Causes Act 1973
The court’s starting point for making a financial order is Section 25 of the Matrimonial Causes Act 1973.
This section outlines a checklist of factors that a judge must consider when determining a fair division of assets.
Although the weight given to each factor may vary depending on the circumstances, these considerations provide a framework for decision-making.
The first consideration will be the welfare of any minor children of the family before reviewing the current and future needs, obligations, and responsibilities of both parties.
Ultimately, in any divorce settlement, the court will want to ensure that housing and income needs are met.
Here are the main factors a Judge will consider when assessing your financial order:
Questions people commonly ask…
What is a kitchen table divorce agreement?
A kitchen table divorce agreement refers to when couples negotiate a divorce settlement without the assistance of family law professionals.
Couples who opt for this type of financial settlement often overlook the factors a Judge will consider as they haven’t had legal advice.
It’s difficult to reach a fair and reasonable divorce settlement without full financial disclosure and knowing your rights and entitlements.
What is my entitlement to assets in divorce?
Your entitlement to money and assets upon divorce will depend on your specific circumstances and financial position.
One of the most common questions we receive is, ‘What am I entitled to in divorce‘, which is usually from couples who are attempting to handle the divorce without solicitors.
You need to understand your divorce entitlement before negotiating a divorce settlement as a Judge may reject your agreement even if both parties are happy.
Can my ex claim my assets after divorce?
When it comes to divorce settlements, a common mistake couples make when negotiating is not addressing all assets within the marriage.
The majority of couples who negotiate a settlement themselves will not understand how courts treat matrimonial and non-matrimonial assets in divorce differently.
Typically, non-matrimonial assets will not be awarded to the other spouse unless the needs cannot be met from matrimonial assets. Or in some cases, if non-matrimonial assets have become mingled with matrimonial assets.
What to do next
Judges consider various factors outlined in Section 25 of the Matrimonial Causes Act 1973 when making a financial settlement order in a divorce.
These factors include income and earning capacity, financial needs and responsibilities, the standard of living, age and length of the marriage, disabilities, contributions of the parties, conduct, and loss of benefits.
Each case is unique, and the weight given to each factor depends on the specific circumstances.
As a first step, try using our free divorce asset division calculator to receive a custom individual report on your situation.
Seeking professional legal advice is crucial to understanding how these factors apply to your situation and working towards a fair resolution.
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This post was written by Mark Keenan. Managing Director of Online Legal Services Ltd. Mark has been writing about divorce and related subjects for over 20+ years and is an expert in legal marketing.