One of the most important elements of a divorce is the division of assets. While many couples assume they will just receive a 50/50 split of assets, this isn’t always the case.
At VM Family Law, we can help you to reach an agreement on the division of assets with your ex-partner, as well as helping you understand why the court may choose to divide your assets in a specific way.
Is an equal split in a divorce settlement the default?
No, although many think otherwise, an equal split in a divorce is not always the default. However, it is often a starting point, and the court will aim for a fair division of assets based on individual circumstances, not necessarily an equal one.
The court will consider all relevant factors, but there is no legal requirement for them to create a 50/50 split of assets.
What is considered a reasonable divorce settlement in England and Wales?
It’s hard to say exactly what a reasonable divorce settlement is and you may need the help of a specialist divorce solicitor. This is because there is no defined formula on how assets and money should be divided in a divorce.
However, there is a set of factors under Section 25 of the Matrimonial Causes Act 1973, that the court will take into consideration when deciding your divorce settlement:
- The welfare of any children under the age of 18 or in full time education or training.
- The income, earning capacity, property and other financial resources that each party has or is likely to have in the foreseeable future
- The financial needs and obligations that each party 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 and the length of the marriage
- Any physical or mental disability of either party
- Any contributions each party has made or is likely to make in the foreseeable future to help the welfare of the family, including contributions to the home or caring for family members
- The conduct of each party but only in rare circumstances and only if in the opinion of the court it would be inequitable to disregard it
- The value to each party of any benefit which would be lost upon divorce, such as pensions
What are the most common divorce settlements?
Since the factors in a divorce can vary from case to case, it’s hard to say exactly what kind of divorce settlement you may receive unless you have a valid prenuptial agreement.
Despite this, there are a few common divorce settlements that we see when our clients create settlements through the courts.
60/40 or 70/30 splits
A fair split of assets will depend on the reasonable needs of both parties and any dependent children. As we’ve mentioned this will vary from case to case. Sometimes what is seen as fair is a slightly different split than 50/50, such as 60/40 or possibly even 70/30.
It may be the case that one party needs a greater share of marital assets to move on with their life, such as purchasing a new home. This could be for a variety of reasons, including one party having a lower earning capacity and therefore will need more to cover the cost of purchasing a property.
Property adjustment orders
A property adjustment order is used to transfer, settle or vary property ownership to ensure a fair division of assets.
Lump sum settlements
A lump sum order requires one party to pay a one-off fixed amount of money to the other party. Alternatively, it can be paid in lieu of ongoing spousal maintenance payments.
The lump sum can be used to buy out one party’s share of the property or other assets, allowing the other party to retain ownership.
Pension sharing
Pension sharing orders allow a portion of one party’s pension to be transferred to the other party so that they acquire a pension in their own right.
This is often used in divorce settlements to ensure both parties receive a fair share of the accumulated pension assets, which can help to provide a clean break and financial independence after a divorce.
Spousal maintenance
Spousal maintenance is a financial arrangement where one party pays the other a regular amount of money to support their living costs, particularly where there is a significant difference in both party’s income and one party does not have enough income to meet their own needs.
The amount and duration of spousal maintenance payments are determined by a number of different factors, including:
- The recipients needs and current income;
- The payers ability to pay;
- The length of the marriage; and
- Both parties' contributions to the marriage.
- The payments should only be made for as long as it takes the recipient to adjust to financial independence without undue hardship.
If you and your partner are currently going through the divorce process and you cannot decide how your assets will be divided, it is essential you receive the right help. Our specialist divorce solicitors at VM Family Law can help you to make informed decisions that will result in the best outcome for everyone involved, including any children.
For more information on how we can help you, get in touch with our friendly team today.