Following divorce in the UK, a wife is typically entitled to a fair split of any marital/financial assets in a divorce settlement. However, the exact division granted by the courts will depend on the future needs of both parties and their contributions during the marriage. It is also important to understand that a wife is not automatically entitled to a specific share or asset following divorce. The UK family court will look at a range of factors under section 25 of the Matrimonial Causes Act 1973 when deciding on what a wife will be entitled to in a divorce settlement, including:
- Age: the judge will consider the age of each party to the marriage and the length of the marriage.
- Conduct: The judge will also take into account the conduct of each of the parties.
- Contribution: Any contributions towards the family, whether financial or in the form of care, will be considered when deciding on a divorce financial settlement.
- Disability: The physical or mental disability of their party may impact the settlement reached.
- Financial needs, obligations, and responsibilities of each party: These may include living costs, school fees, and debt repayments, which each party has or is likely to have in the foreseeable future.
- Financial resources of each party: This includes the 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.
- Standard of living: The judge will take into account the lifestyle of both parties enjoyed during the marriage.
When determining a divorce financial settlement, the judge may grant a wife certain matrimonial assets such as the family home, investments, savings, pension funds, and spousal maintenance. If the matrimonial pot is not sufficient to meet the needs of an ex-wife, they may be entitled to non-matrimonial assets such as pensions, inheritances, and businesses. The key point to bear in mind is that each divorce financial settlement is different depending on the circumstances of the separating parties.
To ensure that you receive a fair divorce settlement or to further understand what you are entitled to, please get in touch with one of our empathetic and highly experienced family law solicitors. We will do all we can to quickly assess your situation and advise on how you can achieve a settlement that will meet your current future needs and those of your children.
A wife’s entitlement to spousal maintenance
Spousal maintenance refers to any ongoing payments paid by one party to the other following divorce. An ex-husband may be required to make spousal maintenance payments if their ex-wife is unable to financially support themselves and requires additional financial assistance. Spousal maintenance normally lasts for an agreed amount of time until the receiving party is able to financially support themselves or until a certain event in the future, such as remarriage.
The court will assess whether a wife is entitled to spousal maintenance and how much by considering a number of criteria, including:
- The length of the marriage – the longer the marriage, the more likely it is that the judge will not order a ‘clean break’ and allow an ongoing financial obligation by one party to the other.
- Whether the divorcing couple have children together.
- The earning capacity of the ex-wife following divorce – current and future.
- The financial needs of the ex-wife – taking into account living costs and any other financial obligations (e.g. university or school fees).
- The standard of living enjoyed during the marriage.
Before making a decision on spousal maintenance, as part of the financial disclosure process, the judge overseeing your case will want to see a full breakdown of the assets of each party, including income, assets, money, businesses and pensions. In some cases, they may decide that a divorce pension split is required (e.g. a pension sharing order or pension attachment order).
Rights as a wife in a divorce
When going through a divorce in the UK, it is important to understand that, in the eyes of the law, there is no legal distinction between the rights of a wife and the rights of a husband. This means that as an ex-wife, you have no specific entitlements to money or assets in a UK divorce.
However, there are certain rights that either divorcing party may be protected by, whether a husband or wife. The party who remains in the matrimonial home to look after the children may be protected by an Occupation Order issued by the courts. An Occupation Order sets out who will live in the family home, and it is legally enforceable by the courts. If you are concerned that your ex-partner may try to sell your family home without your permission, you can register your matrimonial home rights with the Land Registry. Doing so will ensure that you are entitled to stay in the house with your children.
If you are concerned that your ex-husband may not pay his share of any bills, debts, or liabilities (e.g. the mortgage), it is important to note that any financial responsibilities in place before the divorce will remain the same until the outcome of the divorce settlement. If you are in any way concerned about your rights as a wife going through a divorce, please speak to our expert family law team. We will explain your legal rights in relation to your marital finances and property. In addition, if you require interim help in the form of an interim occupation order, interim financial settlement, or any other temporary agreement to ensure your financial protection until a final settlement is reached, we will prepare and submit the necessary applications for you.
