What Are My Rights in a Divorce Settlement?
06 March 2025
Adanna Ezechukwu
Divorce is a lifechanging event, and understanding your rights is crucial to securing a fair settlement. Whether it’s dividing assets, arranging spousal maintenance, or deciding child arrangements. Understanding your legal rights is crucial to ensuring a fair outcome. Whether your initiating divorce proceedings or responding to them, this guide will walk you through everything you need to know about divorce settlements in the UK.
Why Do Divorce Settlements Matter?
A divorce settlement isn’t just about money—it’s about securing your future. From the family home to pensions, the decisions you make now will impact your life for years to come. This is why it is important to understand your rights.
The Basics: What Does a Divorce Settlement Cover?
A divorce settlement typically includes:
Division of assets and debts: Who gets what, including property, pensions, savings. The court will also consider liabilities.
Spousal Maintenance: This occurs when one spouse is entitled to ongoing financial support.
Every case is unique, so settlements are based on fairness rather than a strict 50/50 split. The goal is to ensure both parties (and any children) have their needs met.
Key Terms You Need to Know:
Matrimonial Assets: Property, savings, and pensions acquired during the marriage.
Spousal Maintenance: Regular payments made by one spouse to support the other post-divorce.
Clean Break Order: A legal agreement that ends financial ties between spouses.
How Are Assets Divided in a Divorce?
In the UK, courts follow a principle of fairness, meaning assets are divided based on what’s reasonable rather than an automatic equal split. The court considers several factors under Section 25 of the Matrimonial Causes Act 1973, including:
the length of marriage
each spouses financial and non-financial contributions
future financial needs (eg. earning capacity)
the standard of living during the marriage
age and health of both parties
This means that even if one spouse was the primary earner, the other’s contributions - such as raising children are also valued.
What Can Be Included in a Divorce Settlement?
Property: The family home and any additional real estate
Savings and Investments: Bank accounts, ISA’s, pensions, shares and cryptocurrencies
Debts: Any joint debts may be split, depending on responsibility.
Businesses: If one spouse owns a business, it may be considered part of the settlement.
Chattels: This includes pets, jewellery and cars.
So, Who Gets The Family Home?
If children are involved, the court prioritises their stability. This means the primary caregiver may be entitled to stay at home, with options like:
one spouse buying out the other
selling the home and splitting the proceeds
a ‘Mesher order’ which delays the sale of the home until the children are older.
Am I Entitled to Spousal Maintenance?
Spousal Maintenance is not automatic but may be granted if one spouse cannot support themselves post-divorce. Factors that may affect the granting of spousal maintenance are:
the length of marriage
the recipients ability to earn money independently
the financial disparity between both parties.
How can I protect my rights after a divorce?
Get legal advice: Even amicable separations benefit from legal guidance to ensure fairness. At Access Law Legal Services we will assist you with your case and empower you to make decisions that are in your best interests.
Consider mediation: If you and your ex can agree on terms, and you are not mediation exempt (e.g. you are not a victim of domestic abuse), mediation is a cost-effective way to finalise arrangements without going to court.
Do not rush into an agreement: Emotions can cloud judgement. Ensure you fully understand the financial implications before signing anything.
Want To Have a Confidential Talk?
If you are unsure about your divorce options, speaking to someone can provide clarity and peace of mind. Whether you are trying to reach an agreement with your ex, considering mediation or thinking about applying for a Financial Order, understanding your rights and legal process is crucial. Book a consultation today to get the guidance you need.
You can also visit our ‘Services’ Page to find out more information about the services we offer. Visit: http://www.accesslawgroup.co.uk/services to learn more about how we can support you.
Note: This post is for informational purposes only and does not constitute as legal advice. The contents of this post accurately reflect the law at the time it was written.