As a man going through or about to go through the process of divorce in England and Wales, you may face challenges, stress and concerns related to finances and children. While divorce advice will depend on your individual circumstance, the following general tips may be helpful:
- Seek legal advice early and understand your rights
- Communicate openly while remaining calm and respectful
- Prioritise your children’s best interests
- Always leave your children out of arguments
- Be transparent and disclose all your financial assets
For support, guidance, and advice throughout your divorce, please speak to our experiences divorce lawyers. We will listen to your situation and provide you with best-practice advice to ensure that your personal interests and those of your children are protected.
Divorce Rights for Men
In England and Wales, contrary to what many people believe, men have the same divorce rights as women. There is absolutely no legal distinction between the divorce rights of men and women. As such, women do not have any advantages over men when it comes to reaching a divorce settlement. This means that men are entitled to a fair division of assets in a divorce and, in some cases, spousal maintenance, child custody and/or child maintenance. There is no predefined entitlement to a particular asset (e.g. the family home) or sum of money for men or women during the divorce process.
Before your divorce is finalised (i.e. when you both receive your Final Order or Decree Absolute) and your divorce financial settlement has been reached, you and your ex-wife will have an equal right to stay in your marital home. You can both stay in your marital home during the divorce process because you have ‘matrimonial home rights’ as a married couple. This applies regardless of whether it is owned by you , your wife, or both of you jointly. This also means that you must both continue to share full financial responsibility for your matrimonial home, including paying any household bills, mortgage, and other shared debt, in the same way you did during your marriage.
Financial assets in a divorce
Where possible, it is advisable to decide between yourselves how your financial/marital assets should be divided. If you cannot reach an agreement with your ex-wife, the next step is normally to go through mediation. If mediation is not suitable or successful, you can ask the court to make a decision on your behalf regarding your divorce financial settlement. The family court will consider a range of factors in accordance with section 25 of the Matrimonial Causes Act 1973 (MCA 1973), including:
- The age of each party to the marriage
- The duration of the marriage
- The conduct of each of the parties
- Any contributions towards the family, whether financial or in the form of care
- Any physical or mental disability of either party
- Financial needs, obligations, and responsibilities that each part has or is likely to have in the foreseeable future
- Financial resources of each party, including income, earning capacity, property and any other financial resources such as savings, pensions, businesses, and investments each party has or is likely to have in the foreseeable future, and
- The judge will take into account the standard of lifestyle enjoyed by both parties during the marriage.
Based on the financial resources available, the judge deciding on your case may decide to order a ‘clean break’, removing any ongoing financial obligations between you and your ex-wife. Alternatively, they may order the payment of spousal maintenance by one party to the other. This means that your ex-wife may be ordered to make spousal maintenance payments to you if you are unable to financially support yourself and require additional financial assistance.
Rights to children
As a father, you have the same rights to your children as the mother of your children. Being married to your child’s mother means that you will have parental responsibility for your child. When you get divorced, you will continue to have parental responsibility for your child; this is not lost as a result of the divorce. As with financial arrangements, it is always preferable to try to reach an agreement directly with your ex-wife regarding child arrangements. This includes where they will live most of the time, who they will spend time with, and when and where. If you cannot reach an agreement between yourselves, you may wish to consider mediation, whereby a specially trained independent mediator will help you to resolve your matter between yourselves. If this is not possible, you can ask the court to decide for you and issue a Child Arrangement Order. When deciding on child arrangements, the court will consider:
- Who is the primary caregiver
- The child’s physical, emotional and educational needs
- The child’s current arrangements, including where they go to school, with a view to ensuring stability for the child
- The wishes of the child
- The parenting capabilities of each parent
- The financial and other resources of each parent
- Any harm or potential harm faced by the child, and
- The impact of changing the circumstances of the child
To discuss your divorce and your rights during the process as a man, whether you are a father or not, please speak to our divorce lawyers. We will provide the support and guidance that you require during your divorce, allowing you to move on to a positive new life with your children.
