We are operating as normal > Read our COVID-19 guidance.

What Am I Entitled To In A Divorce?

There are no specific guaranteed entitlements for either spouse when it comes to getting divorced. Each marriage is unique and the circumstances must therefore be assessed individually in terms of reaching an appropriate divorce settlement. However, if things do end up in court, there are certain factors which will be taken into account, which we will explore below.

How are financial assets split in a divorce?

Although there are no hard and fast rules about how to divide assets following a divorce, there are a couple of overriding principles:

  1. Equal split – there is an assumption of a 50:50 split as the starting point in any divorce, which means the ‘matrimonial pot’ (all the assets built up over the course of the marriage) should be divided equally upon divorce. This is in line with the case of White v. White, in which the judge ruled that: “As a general guide, equality should be departed from only if, and to the extent that, there is good reason for doing so.
  2. Fairness – an equal split of matrimonial property may not always be deemed ‘fair’ but what is considered fair will differ from case to case. A judge in the case of White v. White described this tricky analysis of fairness: “Features which are important when assessing fairness differ in each case. And, sometimes, different minds can reach different conclusions on what fairness requires. Then fairness, like beauty, lies in the eye of the beholder.

Subject to the principles of fairness and equal split, the court will then look at various factors set out in section 25 of the Matrimonial Causes Act 1973, including:

  • welfare of any children under the age of 18 (this should be the primary consideration amongst these factors);
  • the income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future;
  • the financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
  • the standard of living enjoyed by the family before the breakdown of the marriage;
  • the age of each party to the marriage and the duration of the marriage;
  • any physical or mental disability of either of the parties to the marriage;
  • the contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family; and
  • the conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it.

What are my rights as a spouse in a divorce?

There are generally no automatic rights to matrimonial assets. But, as discussed above, when considering a financial settlement, the position will normally start from a 50:50 split of assets and the court will apply the principle of fairness. Above all, it will try and ensure that the welfare of any young children is protected.

Matrimonial home rights

Before a divorce has concluded, spouses have ‘home rights’ in a matrimonial home. This essentially means that, if the house in which both husband and wife lived is owned by one party, the other party has a right to live in the property until the divorce, annulment or dissolution has been finalised and a court settlement agreed. For more information, see our Matrimonial Home Rights Application Service.

In summary, on divorce, the aim is to divide the assets fairly. Fairness does not necessarily mean an equal division.

The Court is under a duty to consider all the circumstances of the case and in particular the Section 25 Factors and apply these to the particular case.

Having considered the Section 25 Factors, the Court may order an unequal division of the assets but this very much depends on the particular facts of the case.

The general rule is that assets should be divided equally unless there is a good reason not to.
First consideration must always been given to the needs of the dependent children. Practically this means accommodation must be provided for the children and the custodial parent.

This could mean one party may retain the marital home to house the children until they reach a certain age.

Generally, the Court will always look to meet the needs of each party. If no agreement can be reached between the parties by way of a consent order then the Court may go on to consider dividing the remaining assets taking into account how they were created.

This requires dividing the assets into matrimonial and non-matrimonial. Matrimonial property comprises those assets that have been acquired during the marriage and non-matrimonial assets are those assets that have accrued outside the marriage (i.e. assets brought into the marriage by either party at the outset, or Inheritance or gifts.)

Once the needs of each party have been met, then anything over may be divided further.

Which Financial Order Do I Need Tool V2

Restart
0%

Which type of financial order do I need following a divorce?

Find your ideal service in under 1 minute.

Get Started
Which stage of the divorce proceedings are you at?
I want to obtain a divorce
I'm already divorced
Do you have any assets to split as part of your financial order? E.g. A family home, pensions or personal belongings
Yes
No, just a clean break

Clean Break Order Service - £199

This service is ideal for couples that want to put their financial split into a legally binding financial order, to ensure no claims by either party can be made in the future.

Ending your marriage doesn't end your financial relationship. This means, even if you don't have assets such as property, pensions or savings to split, you still need to obtain a court order.

Why you should choose this service...

  • You'll save over £1,000 compared to hiring high-street solicitors.

  • The order is drafted for you within 28-31 working days.

  • Drafted by qualified family law solicitors with 10+ years experience.

  • Everything can be completed online start-to-finish.
Read More Information On This Service - £199

Managed Divorce & Clean Break - £299

This service involves Divorce-Online handling your entire divorce and the making of a binding clean break order at court, which will put your financial agreement into legal effect following a divorce.

Everything can be completed online at your convenience. It's the most affordable and straightforward way to obtain a clean break divorce. At £299 fixed fee it's excellent value for money.

Why you should choose this service...

  • You'll save over £1,000 compared to hiring high-street solicitors.

  • Everything is completed online, no time off work or court appearance necessary.

  • Clean break order is drafted by qualified family law solicitors.

  • We handle everything for you, from start-to-finish including dealing with the courts.

  • Track the entire process online via a phone, tablet or laptop. Perfect for busy people.
Read More Information On This Service - £299
Have you reached an agreement with your spouse on your financial split?
Yes
No

Legal Advice Consultation - £99 Service

Speak to our family law solicitors to receive professional legal advice to understand your legal position and where you stand in relation to a financial split.

  • Legal advice is given on your legal position
  • 1-hour telephone call with your solicitor
  • Instantly schedule a call in with your solicitor
  • One low-cost fixed-fee payment of £99
Complete Our Secure Checkout To Get Started - £99
Which assets do you need to split as part of your financial agreement? Select options below.
Division/sale of a property
Division/sale of 2 or more properties
Division/split of pensions
Child maintenance agreement
Spousal maintenance
Division of joint debt(s)
Division of savings
Division of investments
Division/sale of a business
Other
Next

Detailed Consent Order Service - £399

Our Detailed Consent Order Service is ideal for couples that are looking to put all of their assets and finances into a legally binding financial order, to ensure no claims by either party can be made in the future.

Our solicitors will draft the consent order to your individual circumstances and process the order through the courts for you.

This service can include any/all of the following;

  • Division of pensions
  • Property portfolios
  • Division of business assets
  • Sale or transfer of property
  • Personal belongings
  • Lump sum payments
  • Child/spousal maintenance

Why you should choose this service...

  • You'll save over £1,000 compared to hiring high-street solicitors.

  • Individually drafted to your circumstances within 31 working days

  • Drafted by qualified family law solicitors with 10+ years experience.

  • We handle everything for you, from start-to-finish including dealing with the courts.
Read More Information On This Service - £399

Managed Divorce & Consent Order Service - £499

This service is ideal for couples that want to have their divorce completely handled for them whilst putting their financial split into a legally binding consent order.

This service can include any/all of the following;

  • The sale or transfer of a property
  • Division/split of pensions
  • Division/split of property portfolios
  • Division/split of savings
  • Personal belongings
  • Child/spousal maintenance
  • Lump sum payments
  • Debt provision

Why you should choose this service...

  • You'll save over £1,000 compared to hiring high-street solicitors.

  • Everything is completed online, no time off work or court appearance necessary.

  • Drafted by qualified family law solicitors with 10+ years experience.

  • We handle everything for you, from start-to-finish including dealing with the courts.
Read More Information On This Service - £499

Managed Consent Order Service - £299

This service involves having our qualified solicitors draft your consent order agreement and file your application with the courts, which will ensure your agreement is made legally binding.

You simply provide us with your financial split information online in your secure account and we do the rest for you!

This service can include any/all of the following;

  • The sale or transfer of a property
  • Personal belongings
  • Child/spousal maintenance
  • Lump sum payments
  • Debt provision

Why you should choose this service...

  • You'll save over £1,000 compared to hiring high-street solicitors.

  • Everything is completed online, no time off work or court appearance necessary.

  • Consent order is drafted by qualified family law solicitors.

  • Everything is handled for you from start-to-finish including dealing with the courts.
Read More Information On This Service - £299

Managed Divorce & Consent Order Service - £399

This service is ideal for couples that want to have their divorce completely handled for them whilst putting their financial split into a legally binding consent order.

This service can include any/all of the following;

  • The sale or transfer of a property
  • Personal belongings
  • Child/spousal maintenance
  • Lump sum payments
  • Debt provision

Why you should choose this service...

  • You'll save over £1,000 compared to hiring high-street solicitors.

  • Everything is completed online, no time off work or court appearance necessary.

  • Drafted by qualified family law solicitors with 10+ years experience.

  • We handle everything for you, from start-to-finish including dealing with the courts.
Read More Information On This Service - £399

View Our Financial Consent Order Services

If you can come to an agreement with your spouse we can help you draw up a consent order to finalise the division of assets, if not, you will need to seek advice from a solicitor who will be able to help you calculate what would be considered a fair division of assets during your marriage.

No need to take time off work

No need to attend court or our offices

Everything is completed online

Track Your Financial Order Online

Callback Request Form

Request a free callback


Click here to chat with us!