Divorce Financial Settlements

There’s no fixed formula — courts follow the legal principles in Section 25 of the Matrimonial Causes Act. While a 50/50 division of matrimonial assets is often the starting point, the court adjusts this based on factors like:

• Each spouse’s income and earning potential, resources, and needs.
• Contributions to the family (including childcare or homemaking)
• Length of the marriage
• Ages and health
• Children’s welfare and housing needs

As a result, one person might receive more than half if fairness requires it

There is no “typical” template, as outcomes vary case by case. The most usual starting model is an equal split, but examples include:

• Short, childless marriage with similar incomes → typically 50/50 split (clean break).
• Longer marriage with dependent children and unequal earnings → one party may get the family home, more pension share, savings equally split, and possibly spousal maintenance.

• When parties agree and apply for a consent order, the process usually takes 6–8 months from divorce start to court approval.
• Where the court must determine the settlement (i.e. contested cases), it can take 12 months or more, sometimes up to 18 months, depending on complexity.

There’s no automatic entitlement to spousal maintenance. If one party can meet its own needs, a clean break may be ordered. If not, the court may order maintenance for a limited or indefinite period, based on the payer’s ability and the recipient’s need. Child maintenance is distinct and typically arranged through the Child Maintenance Service, not the court.

• Ideally, the parties agree via mediation, negotiation or solicitor-facilitated resolution, then obtain a consent order approved by the court.
• If no agreement is reached, the court makes a final decision (via ancillary relief) applying the relevant factors to achieve a fair outcome.

• The court fee for a financial order is £275.
• If pursued through solicitors and court hearings, the total cost often runs into thousands of pounds, potentially higher if multiple hearings or complex assets are involved.

No, full and frank financial disclosure is required. Withholding or concealing assets (e.g. undisclosed bank accounts) is unlawful and can lead to serious consequences in court.

You are not legally required to hire a solicitor; you can submit applications yourself. However, legal advice is strongly recommended, especially when assets, pensions, or complex arrangements are involved. Solicitors help protect your interests and prevent future claims.

Yes. The length of the marriage is a key factor. Longer marriages often result in more equal asset sharing and financial interdependence. In short marriages, courts may prioritise pre-marriage or non-matrimonial assets and encourage quicker financial independence.

Yes courts treat pensions as matrimonial assets. Options include:

• Pension sharing orders (transfer a portion to the other party’s pension scheme).
• Attachment orders (some pension payouts go directly to ex-spouse).
• Offsetting (one party gets more non-pension assets instead).

Pensions can be significant in ensuring future fair outcomes.

A no-fault divorce, introduced in 2022, does not alter how finances are divided. Whether the divorce cites no-fault or assigns blame, the financial settlement process remains unchanged. Courts still consider the same factors—assets, income, needs, contributions, children’s welfare, with a typical starting point of a 50/50 split, adjusted as needed to ensure fairness. No-fault simply helps reduce conflict in getting there.

Yes, you can apply for the final divorce order (formerly decree absolute) before resolving finances. However, without a court-approved financial consent order, you remain exposed to future claims. If one party dies or remarries before finances are finalised, their spouse or ex could lose rights or the ability to claim later.

Absolutely. A full and frank exchange of financial information (such as assets, earnings, pensions, debts) is mandatory. If someone conceals or hides assets (e.g. undisclosed bank accounts), the court can impose severe penalties, revise settlements, or reopen agreements later.

There is no statutory time limit on making financial claims, provided the divorce petition included an intention to deal with financial claims. Even decades later, claims may be made unless a sealed court financial order is in place. A consent order ensures closure.

Courts can issue various financial orders:

• Lump sum payments.
• Property sale or transfer orders.
• Spousal maintenance (fixed period or indefinite).
• Clean break orders (ending future financial obligations).
• Pension sharing orders.

These can be agreed by both parties and sealed (consent orders), or imposed by a judge in contested cases.