We help make the financial side of getting a divorce as simple as possible, whilst retaining what you deserve.
Our international divorce lawyers regularly advise on cases involving complex international aspects.
The breakdown of a relationship can often be a difficult and emotional time. Our separation and divorce lawyers support and offer advice on pre-civil partnership agreements, post-civil partnership agreements, civil partnership dissolution, and finances when a civil partnership ends.
Our family law solicitors are experienced in providing support for families experiencing difficult changes in their lives, including breakdowns in relationships and changes to family life.
At Austin Kemp, we’re here to help. Find out more about the divorce process, and other key information with our vast resource section.
Our industry-first Divorce Report combines numerous data sources and internal research, to bring you this specialist report.
Our expert divorce lawyers have listed questions which are commonly asked by our clients, to which we have provided an answer.
Our legal videos break down the complexity and jargon within our profession.
Our Legal Brochures detail the process for each area of Family Law. Download your brochure and learn more about what is involved in this complicated legal topic.
Our Legal Experts have written insights to help you navigate divorce and family law.
Thoroughly excellent service provided via Wikivorce. Was slightly apprehensive of how it would all work, especially at a distance. However, they were swift, efficient, immensely polite, accurate, and gave regular updates. I would recommend them to anyone.
Can't fault my experience in any way. Brilliant advice / available at short notice for any questions and most importantly swiftly achieved the desired result. Found Austin Kemp after feeling HCB Solicitors were not acting in my best interests and I was correct on all fronts - even including having an appreciation for the fact Divorce is already emotional situation. Also, rather than have to query every suggested next step and be charged for the pleasure; As I'd done a little research of my own and was able to challenge their advice - however we pay Solicitors for their expertise and need to put our trust in them. Austin Kemp thankfully achieved that for me during our first conversation I was already reassured they understood what I wanted and how best to achieve it. Resulting in 7-8 months less work and no court appearances as I had been previously advised by HCB. I THANK YOU DEARLY AUSTIN KEMP. I can start my life again earlier and with a healthier bank balance because of you!!!
Amazing service. For the first time in nearly two years I feel less in a spiral and more in control.
Thoroughly professional, straightforward, timely and reasonably priced. I would recommend this firm to anyone. Thank you Emma and Austen Kemp for a great service.
Thank you so much. You were great. I wasted so much time and money with my previous solicitors and only regret I did not contact you earlier. I have dropped a line to Paul to thank him for referring me to you. I hope you enjoyed the red I sent you as a token of our appreciation.
Austin Kemp provides a pragmatic and honest approach to the individual's journey through Family Law issues. They demonstrate a willingness and capacity to respond to challenging and unpredictable circumstances. The professional, yet personal, service is naturally client centred, but with a realistic and informed view of children's needs. And it has been heartening to have such a caring team walk beside me in the long journey.
I cannot recommend highly enough Austin Kemp as a strong, commercially intelligent and the most effective negotiators. Their negotiation skills are second to none. I have seen firsthand the excellent results this team achieves for their clients.
Just want to say thanks so much for everything. You have been brilliant and very patient. I always felt comfortable calling when asking to clarify certain points of the divorce.
I can honestly say that I am more than satisfied with the management of my case and of my then state of mind. I highly recommend this firm. Thank you.
Amandeep Kooner was not prepared to be swayed from a path of professionalism to accommodate my anxiety and frustration. He would not succumb to taking instructions tit for tat response. He ensured at all times that the response he gave reflected a dignified client with a pleasant demeanour. In so doing he demonstrated his commitment to protect and secure my interests and dignity off which I am most grateful.
Although he has a dual approached role which is business and a duty of care, Amandeep Kooner showed concerns for the level of expenditure that I had already put out with no resolve. His team contained the work to the minimum and produced the maximum results. My case was quickly progressed without compromising compassion and understanding.
Very professional service! Explained everything they were doing for my case every step of the way and really helped me to understand how we would proceed. Thank you!
Intellectually bright, hardworking and extremely professional - Amandeep Kooner took my case at it most difficult as I had come to the end of my ability to remain calm and patient. Up until I instructed Austin Kemp, I had lost all hope that any solicitor could convince me in pursuing a non-retaliatory approach as I was losing ground to allegations and fabrications. Tough, hardworking and extremely professional.
Understanding how assets are divided in divorce, can help a divorcing couple begin to work out what a fair financial settlement may look like for them and act as a solid starting point for negotiations.
The starting point when working out how assets will be divided in divorce is a 50:50 split. However, this does not mean that all divorcing couples will end up with an equal share of the assets.
As the financial settlement depends on the parties’ circumstances (and their needs), and every marriage (and the assets) are unique, it follows that a fair financial settlement will not look the same for every divorcing couple. In some circumstances, one party may end up with a larger share.
When helping you to negotiate your financial settlement, your solicitor will keep in mind how assets are divided in divorce when a court is asked to decide a financial settlement.
There are various factors from the Matrimonial Causes Act 1973 which the court will take into consideration, including:
• the age of each party to the marriage and the duration of the marriage
• the income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future
• the conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it
It is important to note here that if there are any children involved, their welfare will be considered by the court before other factors.
The family home is often one of the top concerns for couples trying to work out how assets will be divided in divorce. Indeed, the family home is often one of the most valuable assets a couple owns.
The court can make a number of different orders with regards to the family home, such as one party buying the other out, or one party staying in the family home until a certain event (such as the youngest child reaching 18 years old) takes place, then the family home will be sold and the proceeds shared.
How are assets divided in divorce? Unfortunately, there is no simple formula that you can use to work out exactly how assets will be divided in divorce.
How assets are divided in divorce will come down to a number of different factors, including how long you have been married and whether there are any children involved.
It is highly advisable that anyone trying to work out how assets are divided in divorce, seek advice from an experienced divorce solicitor, such as Austin Kemp.
When your marriage comes to an end, having to deal with how to divide assets can be daunting. How to divide assets in a UK divorce can be confusing, particularly because there is no set formula that you can use to find out what your financial settlement will look like.
In this article, we’ll explain the key principles you need to know about regarding how to divide assets in a UK divorce, so you can begin to get an understanding of what a court considers when working towards a fair division of assets. However, as no two marriages are the same and what may be a fair financial settlement for one couple may not be fair for another, you should always seek legal advice from an experienced solicitor, such as Austin Kemp, tailored to your individual circumstances.
The first point to note when looking at how to divide assets in a divorce is that there are no hard and fast rules to follow. It is not possible to put your information into a ‘how to divide assets’ calculator and come up with a definitive answer.
Every marriage is unique and, as such, a fair financial settlement will look different for every couple.
This is why it is so important to seek independent legal advice from a divorce solicitor, who can guide you through your possible options.
When people discuss how to divide assets in a UK divorce, an equal or 50:50 division of assets is often cited as what generally happens. This comes from the fact that when a court is asked how to divide assets in a divorce, the court will consider what is known as the sharing principle. In practice, this means that the starting point of a divorce asset division is 50:50.
However, this is only the starting point and the court may decide that this is not appropriate in a couple’s circumstances.
This could happen if, for example, one party had sacrificed their career to look after the children and the other had a career in which they were earning in six-figure sum. Of course, this is over simplified and there are many other factors which could come into play which could affect the financial settlement.
Asking a court to decide how to divide assets in a divorce should normally be viewed as a last resort, as the process can be time-consuming and costly. However, it can be helpful to understand the factors a court would consider when asked how to divide assets in a divorce. These factors are known as the ‘Section 25’ factors.
‘Section 25’ factors come from the Matrimonial Causes Act 1973. They include:
• 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
• how long a couple have been married
• the income, earning capacity (current and future), property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future
• any physical or mental disability of either of the parties to the marriage
If there are any children involved, their welfare will be paramount and the court will look at this before considering any of the factors listed above.
If your marriage has broken down, understanding how to split assets in divorce is vital before you begin negotiations with your spouse. Although you should always get independent advice from a solicitor relevant to your circumstances, it’s helpful to know how a court decides how to split assets in divorce.
Every marriage is different and, as a result, how to split assets in divorce will vary depending on a couple’s circumstances. There is no one-size-fits-all answer to the question how to split assets in divorce.
For example, a couple who have been married only five years and have no children, may end up with a financial settlement which looks very different to a couple with two children and a 25-year marriage.
When negotiating how to split assets in divorce, the aim is to reach a fair financial settlement for both parties.
Again, what is viewed as fair will vary from couple to couple, depending on their marriage and their assets. There is no set fairness formula.
Although asking a court to decide the division of assets upon divorce should usually be viewed as a last resort (it can be a costly and time-consuming process), it can be useful to look at what factors a judge would consider when asked how to split assets in divorce in a fair manner.
When considering how to split assets in divorce, the first factor a court will consider is the welfare of any children involved.
Next, it will look at other factors, known as ‘Section 25 factors’. These come from Section 25 of the Matrimonial Causes Act 1973.
Section 25 factors include:
• the income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire
• 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 length of the marriage and the age of each party
• the standard of living the family enjoyed before the marriage broke down
Although a 50:50 division of assets is the starting point for the court, a 50:50 split won’t be appropriate for every divorcing couple. When considering how to split assets in divorce, a court can and will depart from a 50:50 split, if necessary.
How to split assets in divorce: always seek independent legal advice
Reaching an agreement which a court is likely to view as fair, can save time and money in the long run. As there is no set formula that you can use to determine how to split assets in divorce, it’s highly advisable that you seek legal advice suited to your individual circumstances.
Our expert family law solicitors can help you with a range of legal issues relating to fair divorce settlements, including:
For more information call our divorce solicitors on 0845 862 5001 or email email@example.com.
Our expert family law solicitors offer a nationwide service. We have client meeting office facilities available, in order to have face-to-face client meetings / conferences as and when required in:
Leeds Office: St Andrew House, The Headrow, Leeds, LS1 5JW
Wakefield Office: Market Walk, Wakefield, WF1 1QR
Halifax Office: Old Lane, Halifax, HX3 5WP
Huddersfield Office: Northumberland Street Huddersfield, HD1 1RL
Coventry Office: Warwick Road, Coventry, CV1 2DY
Canary Wharf Office: 25 Canada Square, Canary Wharf, London, E14 5LB
Please contact us for more details.