Who Gets What in a Divorce?
A Simple Guide to How English Law Divides Assets Between Husband and Wife
Dividing money, property and possessions is one of the most stressful parts of divorce. One of the most common questions we get is: “What will I get? What will they get?”
In this guide, we explain — in plain English — how the courts decide who gets what in a divorce under English law. We'll also share a few real-life case examples to help bring the process to life.
Does Everything Get Split 50/50 in a Divorce?
Not always — but 50/50 is the starting point.
In England and Wales, the court starts with the idea that everything should be shared
equally. This is called the “yardstick of equality.” But that’s just a starting point — not a rule.
The court then looks at fairness. That means considering a number of things about you, your ex, and your circumstances — especially your needs, income, contributions, and whether there are children involved.
What Does the Court Consider?
The court uses a checklist under section 25 of the Matrimonial Causes Act 1973. But you don’t need to memorise any laws — here’s what it boils down to:
Children Come First
If you have children, especially under 18, their needs are the top priority — including housing, education, and overall stability.
Needs of Both Parties
The court looks at what each of you reasonably needs to live on, including:
- A home to live in
- Enough money to meet monthly expenses
- Pension income or retirement needs
Earning Capacity
Do you both work? Has one of you given up work to raise children? The court takes this into account when thinking about future income and needs.
Length of the Marriage
Longer marriages often mean more equal sharing. Shorter marriages may not. If you were only married a few years and kept finances separate, the court may try to put you back in the position you were in before the marriage.
Contributions
Both financial and non-financial contributions count — raising children, running the home, and supporting a career all matter. You don’t have to be the breadwinner to be recognised.
Real-Life Examples:
Case 1 – Equal Split with Children
Sarah and James were married for 15 years and had two children. Sarah gave up work to raise them while James built his career. The court awarded a 50/50 split of their assets and ensured Sarah had enough to buy a home for herself and the children. James had the higher income but was still left with enough to rehouse himself.
Case 2 – Short Marriage, Unequal Split
Tom and Amira were married for just 3 years and had no children. Amira had brought a flat into the marriage, which remained in her name. The court allowed her to keep it, as the couple had kept their finances mostly separate and it wasn’t considered fair to split equally.
Case 3 – Business Assets & Pensions
Karen and Mike were married for 20 years. Mike ran a successful company; Karen was a stay-at-home mum. The court included the business value and Mike’s pensions in the overall assets. Although Mike had created the business, Karen’s role in the home was seen as equal. The court awarded her a fair share of the total value — including a pension sharing order.
What About the House?
In many divorces, the house is the biggest asset. If there are children living at home, the court usually ensures the parent with main care of the children can stay there — or at least be able to buy something suitable.
Sometimes the house is sold and the money split. Other times, one person stays and the other gets a larger share of savings or pensions instead.
Do We Have to Go to Court? No — and most people don’t.
Most couples agree a financial settlement privately or through mediation. If you can agree, your solicitor can draft a Consent Order to make it legally binding without ever stepping foot in a courtroom.
But if you can’t agree, the court will decide for you — which can be stressful, expensive and time-consuming.
Common Myths About Divorce and Money
“Everything is always split 50/50.”
Not true — the court looks at needs first, not just equality.
“The person who cheated gets less.”
Wrong — bad behaviour doesn’t usually affect financial settlements unless it’s very serious (like hiding money or violently injuring the victim so they can’t do their job).
“I owned it before the marriage, so it’s safe.”
Sometimes yes — but if it’s been used for the family (like the home you lived in), it may still be included in the settlement.
How Can I Protect What’s Mine?
Before or during a marriage, you can use:
- Prenuptial agreements
- Postnuptial agreements
- Declarations of trust
These aren’t automatically binding but they can carry a lot of weight in court if done properly with legal advice.
Key Takeaway
Every divorce is different. The court starts with equality but focuses on fairness — especially meeting the needs of children and both spouses.
If you're unsure what you might be entitled to, speaking with a solicitor early on can help you protect your position and avoid costly mistakes.
Need Help with Divorce or a Financial Settlement?
At Parachute Law, we help individuals all over England and Wales find fair, practical outcomes — whether you’re hoping to negotiate a clean break or facing a complex financial situation.
Contact us today for a free initial chat
Email: thelegalteam@parachutelaw.co.uk
FAQs
Q: Will I lose everything if I earned more?
A: Not necessarily No. The court will look at what’s fair and ensure both parties’ needs are met — especially if children are involved.
Q: Can I keep my pension?
A: Pensions can be split, especially in long marriages. It depends on the overall picture and both parties' future needs.
Q: How long does the financial settlement take?
A: It depends. If you agree, it If your spouse is co-operative, it could take just a few weeks to finalise a Consent Order (although the court cannot formally approve it to make it legally binding until 5 months after the Divorce Application (formerly called a Divorce Petition) has been filed. If not, the court process can take 6–12 months or more.
