What Am I Entitled To In A Divorce

Separating from your spouse or civil partner is usually an incredibly stressful time. In addition to the stress of facing the end of your relationship, you may face an uncertain financial future, so be keen to ensure your stability and that of your family. Understandably, ‘What am I entitled to in a divorce’ is one of the questions most often asked of our expert family law solicitors.

The answer is ‘it depends’. There are no hard and fast rules governing divorce financial settlements. Here, our family law team explain how the Courts decide what each partner should receive following a divorce or civil partnership dissolution.

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How Are A Couple’s Assets Divided When They Divorce?

The starting point for the financial settlement in any divorce is an equal division of the couple’s matrimonial assets. ‘Matrimonial assets’ are those assets that the couple have built up together during the course of their marriage. By contrast, ‘non-matrimonial assets’ are those that one partner owned before the marriage, such as any property, and any that were acquired specifically by one partner, such as an inheritance.

However, the Court’s overriding concern is to reach a ‘fair’ outcome that meets each party’s needs. Accordingly, Judges have wide discretion when dividing a divorcing couple’s assets, and they will not shy away from departing from the general principle of sharing the assets equally where the circumstances require.

Examples of the types of matters a Judge may consider when deciding how to divide a divorcing couple’s assets include the following:

• The needs of any dependent children.

If the couple have children, their needs will come first.

• The parties’ respective needs.

Both parties will have basic needs, such as somewhere to live. The Judge will consider the income and capital of both parties and their abilities to purchase accommodation, whether outright or through a mortgage.

To assist the Court in ascertaining how much each party will require to meet their needs, the couple must prepare a breakdown of their living expenses.

• The parties’ ages and how long their marriage lasted.

The Court may be more willing to divide a couple’s assets equally when they have been married for a long time and will usually take into account any time during which they lived together before they were married. For shorter marriages, each party’s individual contributions may play a more significant role.
If the parties are older, the Judge may deem it necessary to give greater consideration to issues such as how long they can be expected to continue working, how realistic it is for them to secure a mortgage, and their respective pension pots.

• The parties’ contributions.

How much each party contributed to the marriage can be a key consideration when dividing a couple’s assets, particularly when the marriage was short-lived. However, the nature of those contributions is not limited to financial. A party who stayed at home to care for the children may be deemed to have made a contribution equal to that of the breadwinner.

• The parties’ standard of living during their marriage.

When a couple’s financial resources outweigh their needs, the Court may seek to make an order that reflects the standard of living enjoyed by the family before the divorce. However, in many cases, that standard of living was financed by the couple’s joint efforts, and many couples find themselves unable to sustain their lifestyle after separating.

Are There Any Alternatives To Court Proceedings In Divorce Cases?

Yes, as many of our clients are often relieved to hear, there are several alternatives to Court proceedings in divorce cases. In fact, save in the small majority of cases, such as those involving domestic violence, the parties are obliged to attend a meeting to assess whether their case is suitable for mediation before heading to Court. If it is, and if they agree to engage in the process, an independent third party, known as a mediator, will help them work through their issues and reach an agreement on how their assets should be divided. The mediator is not there to judge who is right or wrong; they merely encourage the parties to partake in constructive dialogue and find a solution that works for them and their family.

How We Can Help

With decades of experience in divorce cases, our family solicitors are on hand to help you answer the question ‘What am I entitled to in a divorce?’ They will review your circumstances and those of your spouse and advise on the possible outcomes in your case. They understand the emotional toll separating from your partner can take and will guide you through your divorce with care and empathy, offering first-class legal support with a personal touch.