What am I entitled to in divorce?

When getting divorced, people often ask how their assets will get split up and who is going to get what.

In this article, Family Solicitor Katelyn Webster outlines:

• What you are legally entitled to in divorce
• Who get what
• What assets are not included in divorce
• How property is dealt with in divorce

What are you legally entitled to in a divorce?

In a divorce, you are entitled to a fair financial settlement. What makes a settlement fair is based on many factors and does not always mean an equal division of assets.  However, the rules around division of assets is not concrete. 

What do the courts consider if a settlement cannot be reached?

If a settlement cannot be reached without court intervention, the court will consider the following,

• The duration of the marriage. 
• Age and health of each party. 
• The income and earning potential of each party. 
• The financial needs and responsibility of each party.
• The financial needs of any children of the family. 
• The standard of living enjoyed during the marriage.
• Each party’s contribution to the marriage.  
• The behaviour of each person, if the court believes it would be unfair to ignore that behaviour.

Who gets what in a divorce?

Depending on the length of the marriage (including any period of pre-marriage cohabitation), the starting point may be to ask, “why shouldn’t there be an equal split of the matrimonial  assets?”. 

The court will consider the factors described above when determining whether the matrimonial assets should be split equally. 

What is a matrimonial property?

Matrimonial property includes assets acquired by either spouse during the marriage (including cohabitation), regardless of whose name is on the title.  

Where an asset has been used or treated as shared, even individually owned items can be considered matrimonial. Pre-marriage assets may also qualify if they were used jointly or increased in value due to the parties shared efforts.

What can I claim in a divorce?

In divorce proceedings, you can claim a division of the marital assets. The marital assets are assets accumulated during the marriage, such as the family home, savings, pensions investments etc. 

Some examples of the orders available to the parties are: 

1. Lump sum orders
2. Pension sharing orders
3. Property adjustments orders (changing the ownership of property)
4. Spousal maintenance. 

What assets are not included in divorce?

Assets not automatically included in the financial settlement of the divorce are Non-matrimonial assets. This can include,

• Assets owned prior to the marriage, 
• Inheritance and gifts received during the marriage.

As long as they haven’t been mixed with marital assets. 

However, non-matrimonial assets can sometimes be included in the overall settlement. Whether they are included will depend on each person’s needs and if those assets have been kept separate or mixed with marital property. 

How is property divided in divorce?

Property division will be based on whether the property is matrimonial or non-matrimonial. Matrimonial property will automatically be divided in a divorce, whilst non-matrimonial property may be divided amongst the parties if the matrimonial assets are insufficient to meet the parties reasonable needs. 

Who gets the family home in a divorce?

There are several possible outcomes when it comes to the family home during a divorce. If both parties can reach an agreement, they may decide to:

• Sell the property and divide the proceeds, or
• Transfer ownership to one party, with that individual buying out the other’s share.

However, if an agreement cannot be reached and the matter needs court intervention, the courts priority will be the welfare of any children under the age of 18. The court will assess the needs of the children alongside each party’s financial circumstances. 

In many cases, the court may aim to keep the children in the family home, at least until they reach the age of 18, or finish full time secondary education whichever is the latter. 

Specialist Family Law Solicitors

If after reading this article you have any questions about what you’re entitled to in divorce, you can get in touch with a member of our bright & experienced team. Call us on 01202 499255 or by filling out the form.

At Frettens, we understand everyone’s circumstances are different, therefore we offer all new clients a free initial chat.