Is Divorce Always 50/50 in the UK?

When it comes to divorce and the division of assets, there’s a common misconception that everything is divided equally, on a 50/50 basis. But is this always the case in the UK? 

Simply put, the answer is no. While a 50/50 split is a possible outcome, it is not a guaranteed one. The court’s priority in any divorce is to ensure fairness, which does not always translate into an equal split.

In this article, we take a look at asset division during a divorce, and how you can ensure you receive the split that you deserve, is required for your needs and, if appropriate, the needs of your minor children.

What factors impact asset division?

When a couple divorces in the UK, their shared marital assets, which can include property, savings, pensions and other valuables, come under scrutiny. The court’s decisions about asset division are made considering various factors such as:

• The welfare of any minor children involved
• The income, earning capacity, property and resources of each party
• The standard of living enjoyed by the family before the divorce
• The age of each party and the duration of the marriage
• Contributions made to the marriage by each party, including non-financial contributions like caring for children and running the home
• Any physical or mental disability
• The conduct of each party
• The value of any benefit that each of the parties to the marriage will lose the chance of acquiring

Equality vs fairness in asset division

The court’s main consideration is the welfare of any children involved, and any decisions will reflect their best interests. Beyond that, the court’s goal is to achieve a “fair outcome”, not necessarily an equal one. In many cases, this could result in a split that seems unequal, but the court deems it fair when taking all factors into account.

The court also aims for a ‘clean break’, where both parties can financially separate from one another as much as possible. This means that ongoing maintenance payments are becoming less common, unless there is a substantial difference in the parties’ financial situations.

The Role of Prenups and Postnuptial Agreements

Prenuptial agreements and postnuptial agreements can play a significant role in protecting assets in a divorce. These are agreements made either before or after marriage, outlining how assets will be divided if a divorce occurs.

While these agreements are not automatically upheld by UK courts, they can be given weight when dividing the assets, so long as certain safeguards are satisfied when drafting.

If you are considering a divorce and are unsure how your assets might be divided, it is essential to seek legal advice. Goodwins Family Law has a team of experienced family law solicitors who can help guide you through this process and answer any questions you might have.

Remember, every divorce is unique and should be approached as such. An experienced solicitor can provide you with bespoke advice to ensure the best possible outcome for your circumstances.

Contact Goodwins Family Law to instruct a solicitor and ensure you have the best chance of a fair and favourable outcome in your divorce.