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How are assets divided on divorce?

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The court will consider many factors when dividing a couple’s assets on divorce.

Children

The first consideration will always be the welfare and needs of any dependent child of the family. This will often determine whether the matrimonial home is sold, and may be delayed if it is the home of the children. If the property is sold, then the needs of the children may result in the parent who lives with them receiving a greater share of the proceeds of sale.

If either the husband or wife has a higher income, or has prospects of earning more in the future, then the court may give the spouse with lower income a greater share of the couple’s assets. This is to compensate the spouse with the lower income for the loss of a share of the family income.

Prospects of future income

In certain circumstances, where there is a significant difference between the income of the husband and wife, one may be required to pay spousal maintenance to the other. Before this is decided, the court will consider the outgoings of both the husband and wife first.

The court will look at the standard of living enjoyed by the couple prior to their separation. However, this does not mean that a spouse must be maintained in line with their previous lifestyle particularly as, in many cases, this will simply not be possible.

Length of marriage

An important factor is the length of the marriage. If either the husband or the wife had significant assets at the beginning of the marriage and it was short, then the court may consider that it would be appropriate for the assets of the couple to be divided equally, particularly if there are no children.

On the other hand, if the couple have been married for very many years, the court is less likely to consider whether the husband or wife brought significant assets to the marriage.

The court will also consider whether either spouse has a physical or mental disability which may prevent them working or may require them to pay for additional care or support.

As a result of these various elements, it is extremely rare that a court will divide assets equally between a separating husband and wife.

If you would like to discuss this or any other family law matter, please contact Janine Hutson on 01772 258321, or at janine.hutson@harrison-drury.com


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