Divorce - Basic Principles

There are no firm rules about how assets are divided and how much money has to be paid to one or other spouse. The court has a wide discretion to make whatever financial orders it thinks fit. There is no presumption that if the house or any other asset is in joint names, the husband and wife will each be entitled to half. There is no presumption that the wife is automatically entitled to one third or any other proportion of the joint assets and income. Nor should the law treat husbands differently from wives.

Instead of rules, Parliament has laid down a list of factors which the court must consider before making a financial order. They include the present and future needs, resources and earning capacity of both husband and wife, their age, the length of their marriage and the contributions of each to the family finances.

First consideration must be given to the welfare of the children.

If the marriage has been short, there are no children, and both husband and wife are self-supporting, the agreement may be simple with few transfers of assets. By contrast, where a couple have been married for many years, their finances will be harder to separate and a more complex settlement may be required. Every married couple is different and requires a solution to suit their own needs and resources.

Conduct is only relevant if it is so extreme that it is far outside the range of normality. A great many people behave irrationally when their marriages are breaking down, but only a tiny minority behave in such a way that their conduct will be taken into account in making the financial order.