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How the courts divide assets

When the courts are dividing a married couple’s assets, the things they take into account depend on if they live in England, Wales or Scotland

  1. In England and Wales
  2. In Scotland

In England and Wales

Courts in England and Wales take several factors into account when deciding who gets what. This includes:

  • the welfare of the child and the costs of looking after them in the future
  • both your incomes, how much you can earn and any property or assets you own now or may own in the future
  • the financial needs and responsibilities that each person has or is likely to have in the future
  • the standard of living the family had before the break-up
  • the age of each person and how long the marriage or civil partnership lasted
  • any physical or mental disability of either person
  • the contributions each person has made, or is likely to make in the future, to the family’s welfare. This includes financial and non-financial contributions, such as looking after the home or caring for the family
  • the value to each person of any benefit they would lose because of the end of the marriage or civil partnership, such as a pension.
  • whether one parent has behaved badly towards the other. The court only considers this if it would be unfair not to.

It may be helpful to talk to a solicitor who can tell you what a court is likely to decide in your case.

In Scotland

Scottish courts take different factors into account when deciding who gets what. The courts in Scotland try to work out a reasonable way to divide assets, given how much money or property each of you own, how much debt each of you have and how much you are able to earn.

In particular, courts in Scotland look at the following factors:

  • the value of any property (after taking off debts) built up during the marriage or partnership. In general, this should be shared equally, unless there are special circumstances, such as if one of you bought the property before you were married
  • whether one of you benefitted financially from the other’s contributions – for example, if you were able to have a lifestyle you could not have afforded on your own
  • whether one of you has suffered financially - for example, by giving up a career to look after the family
  • the costs involved in caring for children after divorce/dissolution. These should be shared fairly between you, so the courts will look at things such as where the children will live and whether the person caring for the children has to give up the opportunity of working to look after the children
  • whether one of you relied financially on the other and now need support to help you adjust to the new financial circumstances
  • whether one of you is likely to suffer serious financial hardship because of the divorce/dissolution.

Not all the factors mentioned above will be relevant in every case, so it may be helpful to talk to a solicitor who can advise you on what a court is likely to decide.

Do I need to sell my home?

Not necessarily. You have several options, such as:

  • changing the share you each hold in the home
  • agreeing to delay selling the home until a certain time in the future
  • deciding between you how the money from selling it can be divided
  • deciding between you who will pay the mortgage.

It is important to decide where the child will live before deciding whether or not to sell your home. If you can’t agree on any of these things, a judge will make a court order for you.