Properties and Investments

In England, divorce assets are not always split 50/50. The court will look at a number of factors when deciding how to divide assets, including the financial needs of each party and any children.

When a couple gets divorced in England, the court will look at several factors when dividing up the assets. This includes looking at who owns what, how much each person has contributed to the marriage, and what each person’s needs are. The court will also consider any children from the marriage and try to keep things fair for them as well.

When couples divorce, the court can consider a wide range of assets and financial resources, including property, savings, investments, pensions, business interests and, in some cases, assets held solely in one party’s name.

If an agreement cannot be reached, the court will decide how assets should be divided by considering the specific circumstances of the case. This may include factors such as:

• the financial needs and obligations of each party 
• each person’s income, earning capacity and future financial resources 
• the contributions made by each party during the marriage, including caring for children or managing the home 
• the source and nature of certain assets, including whether assets were acquired before the marriage or received through inheritance or gifts 
• the welfare of any dependent children, which is given particular importance by the court 

Depending on the circumstances, the court may make a range of financial orders. This could include transferring property, ordering the sale of assets, dividing pensions, awarding lump sum payments or, where appropriate, ordering spousal maintenance.

The outcome will depend on the facts of each case and what the court considers to be fair.

When couples divorce, the court may need to decide how assets should be divided between them. Broadly speaking, the court may consider both matrimonial and non-matrimonial assets when reaching a fair outcome.

Matrimonial assets typically include assets built up during the marriage through the parties’ joint efforts, such as the family home, savings, pensions, investments and business interests. These assets are often more likely to be shared between spouses.

Non-matrimonial assets can include assets acquired before the marriage, received after separation, or obtained through inheritance or gifts from third parties. Following the Supreme Court’s decision in Standish v Standish [2025], the court will often look closely at the source of an asset when deciding whether it should be treated as matrimonial or non-matrimonial property. However, non-matrimonial assets are not automatically excluded and may still be taken into account, particularly where they are needed to meet one party’s financial needs or have become intertwined with marital finances over time.

When deciding how assets should be divided, the court will consider a range of factors, including the financial needs of both parties, the welfare of any dependent children, the length of the marriage and the overall circumstances of the case.

If you are going through a divorce and own a property, there are several factors to consider when deciding what should happen to the family home.

If you have children, maintaining stability may be a priority, and one option may be for one parent to remain in the property so the children can continue living in a familiar environment. In other cases, one party may wish to keep the property as part of their financial settlement.

However, retaining the property may not always be practical. Mortgage affordability, ongoing household costs and long-term financial commitments should all be carefully considered. In some situations, selling the property and dividing the proceeds may be the most realistic option.

There are a number of ways property can be dealt with during divorce, including transferring ownership to one party, postponing a sale until a future date, or selling the property and dividing the proceeds based on what is considered fair in the circumstances.

If you and your former partner reach an agreement regarding the family home, it is usually advisable to formalise this through a legally binding financial order.

When a couple gets divorced, their assets are typically divided up between them. This includes any property or investments that they may have.

In England, there is a process known as equitable distribution which is used to determine how assets will be divided. This takes into account various factors such as the financial needs of each party and the length of the marriage.

Generally speaking, high-value assets such as property or investments are usually split equally between the two parties. However, there may be some circumstances where one party is awarded a larger share based on their individual needs.

If you are going through a divorce and have high-value assets, it is important to seek legal advice to ensure that your interests are protected.