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Family Matters

Are Divorces always 50/50?

I am frequently asked this question and the answer is no.

There is a sharing principal which was established in the Landmark case of White v White where it was stated that there should be an equal division of assets unless there is a good reason for the division to be unequal. So, the aim is to divide assets fairly, but fairness does not mean an equal division of assets.

The Court will carry out an exercise where they take into account a number of factors laid out in Section 25 of the Matrimonial Causes Act 1973. For example, they take into account the length of your marriage, both parties ages, standard of living enjoyed during the marriage and any contributions made towards the welfare of the family.

But most importantly if you have dependent children then their needs take paramount consideration. It is likely the party with whom the children live with will get more of the assets to rehouse the children.

So, the bottom line is the Courts retain a great deal of flexibility when applying the Section 25 Factors and the Judge will make what Order he or she deems to be fair based on the facts of your case which is not always 50/50.

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