Can My Husband Take Everything In Our Divorce?

The straightforward answer is no!

The court will intervene if you cannot agree on a financial settlement. The starting point is a 50/50 split, although the court may order an unequal division of assets – it all depends on the circumstances. So, you can rest assured that your husband or wife won’t take everything in your divorce.

Deciding a financial settlement after divorce

When you divorce, you and your ex-spouse need to work out your finances. There is no ‘one size fits all’ approach. Every case is dealt with on its own facts.

Ideally, you’ll come to an agreement between yourselves. If this isn’t going to happen, you can negotiate with each other through your solicitors. If these negotiations break down, then either person can make a court application. In doing so, you are asking the court to make a decision for you.

The court considers a number of factors when deciding how assets should be divided – one of which is the length of your marriage.

Long marriages

For long marriages (meaning more than 10 years) the starting point is a 50/50 split. In other words, an equal division of assets. However, the court will then look at the needs of both parties to check whether this is fair and reasonable. A primary concern for the court is whether any children can be accommodated sufficiently with an equal division of assets. It is possible (and happens regularly) for the court to change the split to ensure that the children's needs are met.

Mid-length marriages

For mid length marriages (meaning between five and 10 years) the starting point is also an equal division of the assets. However, the court may place greater emphasis on what each person brought into the relationship. If so, this could result in a slightly unequal division.

Short marriages

In short marriages (meaning up to five years) the court will look at each person’s finances before the marriage. The court will then try to put each person back into that position. Any jointly owned assets will generally be split equally. However, the court may make an exception where one person made a significant contribution towards an asset.

Other factors that are taken into consideration

The court will also consider the following factors when making a decision:

• The income, earning capacity, property and other financial resource 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

The court will also look at the pension provision of both parties to ascertain whether these are fair considering the length of the marriage. Pensions are dealt with separately to other assets.

If you want help negotiating your financial settlement following your separation, please contact our divorce solicitors.