Are Matrimonial Finances always divided 50/50?
It’s a common belief that when a marriage ends everything is divided equally. However, that’s not always the case. Every relationship and every financial situation is different, so the courts focus is on what is fair, not just what’s equal.
Under Section 25 of the Matrimonial Causes Act 1973, the court must consider a range of factors before deciding how finances should be divided, and whether there should be a departure from a 50/50 split. These include:
- Each person’s income, earning capacity, and financial responsibilities
- The value of property, savings, and other matrimonial assets
- The needs and welfare of any children involved
- The age of each person and the length of the marriage
- The contributions each person made, whether financial or through caring for any children
- The standard of living enjoyed during the marriage and each person’s future needs
The goal is to reach a fair and balanced outcome that supports both parties as they move forward, rather than applying a strict 50/50 split.
If you’re thinking about divorce, understanding your financial position is an important first step.
If you need further advice or assistance with your matrimonial matter, you can contact the family department on 01530 510666.
