When a marriage ends, one of the most pressing concerns is how assets will be divided. Many people assume that everything is split 50/50, but in reality, UK law focuses on fairness rather than rigid equality. A divorce settlement may be equal, but it can just as easily be 60/40, 70/30 or even 80/20 depending on the circumstances.
Understanding the principles courts use, what counts as a matrimonial asset and how calculations are approached will give you a clearer picture of what you may be entitled to.
How assets are divided: the principles
The division of assets in divorce is governed by the Matrimonial Causes Act 1973, supported by case law such as the landmark decision in White v White. This case established the principle of the “yardstick of equality” to ensure that one spouse is not unfairly advantaged over the other.
That does not mean every case ends in a straight 50/50 split. Courts have the flexibility to consider a range of factors and may decide on different proportions if this achieves a fairer result. The key considerations include:
- The needs of any dependent children.
- The duration of the marriage.
- Each spouse’s income, earning capacity and financial resources.
- Contributions to the family, both financial and non-financial (such as childcare or homemaking).
- The standard of living enjoyed during the marriage.
- The age and health of both parties.
- In rare cases, serious misconduct.
As a result, settlements can vary widely. A long marriage with children and shared finances may result in an equal split, while a short marriage without children could see assets divided unevenly
Defining the matrimonial pot
Before working out how assets should be shared, the court first identifies what belongs in the matrimonial pot. These are assets acquired during the marriage, which may include:
- The family home and any other property.
- Savings and investments.
- Pensions and retirement funds.
- Business interests.
- Vehicles and personal possessions.
- Debts and liabilities.
Assets owned before the marriage or received through inheritance can sometimes be excluded. However, if they have been mixed into the marital finances – for example, an inherited property used as the family home – they may still be treated as matrimonial.
Recent legal developments, such as the 2025 Supreme Court decision in the Standish case, have highlighted how courts distinguish between matrimonial and non-matrimonial assets. The key test is whether the asset has become part of the shared financial life of the couple.
Full financial disclosure is vital. Each party must provide details of all assets, income and liabilities through documents such as Form E. Attempting to conceal or undervalue assets can result in legal penalties and an unfavourable outcome.
Calculating your share
Unlike some countries, the UK does not use a fixed formula to determine how assets are split. Instead, courts balance fairness against individual needs. That said, you can still estimate your likely share as a starting point.
The first step is to calculate the total value of the matrimonial assets and subtract any debts. This gives the overall pot available for division. From there, you can consider whether an equal split seems fair or whether adjustments should be made for factors such as childcare responsibilities, income disparities or special contributions.
Online resources like our divorce calculator can help you visualise your finances, though they cannot predict the court’s decision. Some people also use rough contribution-based formulas, but these are only guides and not legally binding.
Ultimately, the court’s focus is always on fairness and the welfare of any children. A solicitor can provide more accurate guidance based on your specific situation and help you prepare for negotiations or proceedings.
Let’s talk about your financial settlement
Dividing assets in divorce is rarely as simple as splitting everything in half. While equality is the starting point, courts will adapt the split to reflect the needs and circumstances of both parties. Knowing what counts as a matrimonial asset, disclosing all finances fully and understanding the principles behind fair division are essential steps in working out your entitlement.
At Osbourne Pinner’s divorce solicitors can help you through this process with clear advice and practical support. We also offer a free 30-minute consultation to discuss your case and explore the best way forward. Choose from our offices in Harrow, Canary Wharf, Piccadilly Circus and Manchester or talk to us by video call. Start today using the form below or contact us on 0203 983 5080 or [email protected].
