What does the court consider when deciding how to divide assets in divorce proceedings?

In financial remedy proceedings, if the parties cannot agree between themselves what to do with the matrimonial assets then they will eventually come before a judge who will decide for them at a final hearing.

It is a common misconception that the person who did not want a divorce should get more out of the assets. Another common misconception is that if a party committed adultery then they should get less of the assets, this is also not the case. A judge considers many factors that are listed in section 25 of the Matrimonial Causes Act 1973. The list includes the length of the marriage, the needs of any children, the income and earning capacity of the parties and the contributions made. Conduct is only considered in relation to how it affects the finances, for example hiding assets or gambling away matrimonial funds.

George Green’s Specialist Family and Divorce Lawyers regularly advise clients in respect of the financial arrangements post separation.  If you wish to discuss your matter further, call Mark Vandaele on 01902 328 930 (mvandaele@georgegreen.co.uk) at our Wolverhampton office or Rachel Baker on 01384 340 580 (rbaker@georgegreen.co.uk at our Cradley Heath office.