How are assets divided in a divorce?

Dependent children

Section 25 of the Matrimonial Causes Act 1973 provides that it shall be the duty of the Court in deciding how to exercise its powers to have regard to all the circumstances of the case, with the first consideration being given to the welfare and needs of dependent children.

Section 25 MCA 1973

Section 25 of the Matrimonial Causes Act 1973 sets out the key issues that the Court must consider in deciding how to exercise its powers:

• The income, earning capacity, property and other financial resources either party has or is likely to have in the foreseeable future;
• The financial needs, obligations and responsibilities either party has or is likely to have in the foreseeable future;
• The standard of living enjoyed by the family before the breakdown of the marriage;
• The age of each party to the marriage and the duration of the marriage;
• Any physical or mental disability of either of the party;
• The contributions made by each of the parties to the welfare of the family, including any contribution made by looking after the home or caring for the family;
• The value of any assets that either party will lose access to because of the divorce (e.g. pensions)

Equality as the Starting Point

As a broad starting point, the Court will look at the concept of equality and splitting all property and assets equally between spouses on a 50:50 basis, that is, unless there is a good reason not to, such as a departure from equality, in order to meet needs.

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