Following a change in the law in 2022, no-fault divorces are now an option for married couples and civil partnerships in England and Wales.
While this is a relief for many couples wanting an amicable divorce without blame, how does this affect your financial settlement?
Below, we explore what a typical no-fault divorce financial settlement looks like to help you understand the practicalities of choosing this reason.
That includes how your matrimonial assets are likely to be divided and whether this could lead to unfair split between a divorcing couple.
Will no-fault divorce affect financial settlements?
Typically, the grounds for a divorce are completely separate to financial settlement.
Regardless of whether your ex-spouse was unfaithful and initiated the divorce, or you have decided to opt for a no-fault divorce, this shouldn’t affect your financial settlement.
Opting for a no-fault divorce simply means that a divorcing couple doesn’t have to assign blame to one party for the marriage failure.
This can make the divorce process more amicable, reducing conflict and helping both parties to come to a fair agreement – especially when dependants are involved.
Like with the traditional divorce process, the new divorce law only has the effect of dissolving your marriage.
This means it will not resolve any financial claims. Your finances have to be dealt with separately from your divorce.
How are assets divided in a no-fault divorce in UK?
The starting point for the division of assets for a UK divorce will always be a 50/50 split between two parties.
These assets, either jointly or solely acquired during your marriage or civil partnership, can include everything from real estate property, personal property, and investments to pensions and savings.
While an equal division is common, we explore why there is no set no-fault divorce financial settlement in detail below.
Instead, the percentage split of assets in the UK is dependent on a range of factors.
Why no-fault divorces could still lead to an unfair split
Just like the traditional divorce process, a no-fault divorce doesn’t ensure a ‘fair’ split.
While the starting point for any divorce settlement (not just a no-fault divorce financial settlement) is often 50/50, this percentage split can be altered to ensure both parties are left on a similar financial footing.
While 50/50 sounds fair (and often can be), a court may decide that one party is entitled to a greater share of the matrimonial assets.
With no set rules or calculations used to determine the fair split of a divorce, a range of factors are considered to ensure the needs of both parties are met.
These includes their standard of living prior to separating, their ages, any physical or mental disabilities, and any contributions to the family made by each party, as well as their income, housing, and resources.
As a result, one party may receive a 70 per cent share – a seemingly unfair percentage.
However, the ultimate goal of any financial divorce settlement is to ensure both parties are provided for.
Unsure where to start? Contact the professionals. A specialist divorce lawyer can help you to determine how much support you and your family might require in the event of a no-fault divorce.
Searching for no-fault divorce solicitors
If you’re looking for expert legal advice for your no-fault divorce, then please contact our experienced team of divorce solicitors today.
While skilled negotiation, court action, and dispute resolution may not be necessary in a no-fault divorce, our team can still mediate and help you to achieve a fair no-fault divorce financial settlement.
From child custody arrangements to cohabitation disputes, we’ve helped countless clients to reach mutual agreements following their no-fault divorce.
Regardless of whether you’d like to learn more about the benefits of opting for a no-fault divorce or have any other legal divorce query, we’re here to help.
Despite being based in Chester and creating a reputation as one of the leading law firms in the city, you can also visit us in Wrexham, Liverpool, Warrington, and even North Wales.
No matter where you’re based, we’re keen to support you through this challenging time.
To discuss your no-fault divorce with a member of team, simply give us a call on 01244 506 444. Alternatively, you can also submit your enquiry to firstname.lastname@example.org or use our convenient online contact form to get in touch.
Once we’ve received your details, you can rest assured we’ll contact you soon to schedule an appropriate time and date for your free, no-obligation 30-minute consultation.