When couples divorce, one of the biggest concerns is how financial assets will be divided. While many assume a 50/50 split is the standard, UK courts aim to achieve fairness rather than strict equality.
In some cases, one spouse may be awarded a significantly greater share – such as an 80/20 financial split – based on their financial needs and circumstances.
In this article, we explore whether an 80/20 financial division is possible in a UK divorce, the factors that courts consider, and how you can ensure a fair financial settlement. Keep reading to find out how you can get a free 30-minute consultation with our divorce solicitors.
Does the UK follow a 50/50 divorce rule?
Unlike some other legal systems, UK divorce law does not automatically split assets equally between spouses. Instead, the courts prioritise fairness, taking into account various factors to determine an equitable division.
The Matrimonial Causes Act 1973 sets out key considerations, including:
- The financial needs of each spouse.
- The length of the marriage.
- Each spouse’s earning capacity and future prospects.
- Contributions to the marriage, including non-financial contributions such as childcare.
- The needs of any children involved.
If a 50/50 split does not fairly reflect the circumstances, the court may adjust the division of assets accordingly.
How does no-fault divorce impact financial settlements?
Since the introduction of no-fault divorce in April 2022, couples can now separate without assigning blame to either party. While this reform simplifies the divorce process and reduces conflict, it does not automatically influence financial settlements.
The courts still assess financial claims based on fairness and individual circumstances, meaning an 80/20 financial split is possible if justified. However, because no-fault divorce removes allegations of misconduct as a factor in divorce proceedings, financial awards will be based purely on economic factors, rather than blame for the marriage breakdown.
When can a spouse be awarded an 80/20 financial split?
An 80/20 financial split is rare but possible, particularly in cases where one party is significantly more financially vulnerable than the other. Courts may consider awarding a greater share to one spouse in the following situations:
1. Financial needs and disparity in income
If one spouse has a significantly lower income or limited future earning potential – perhaps due to career sacrifices made during the marriage – they may receive a larger share of the assets. This is common when one party has been the primary caregiver for children and is financially dependent on the other spouse.
2. Long-term marriages and non-financial contributions
In long marriages, especially those spanning 15 years or more, one party may have contributed primarily through homemaking and childcare while the other focused on career progression. Courts recognise non-financial contributions and may compensate the financially weaker party accordingly.
3. Childcare responsibilities
If one parent is awarded primary custody of children, they may require a larger financial settlement to provide adequate housing and stability. The court prioritises the welfare of children when determining financial arrangements.
4. Health or disability
If one spouse has health issues or a disability that affects their ability to earn a living, the court may award them a larger share of the assets to ensure their long-term financial security.
5. Misconduct and financial mismanagement
While the UK courts generally do not consider marital misconduct when dividing assets, financial mismanagement – such as one spouse recklessly spending or hiding assets – could impact the final settlement. If one party has dissipated marital assets, the other may receive a greater share to compensate for the loss.
Can you request an 80/20 split in divorce?
Yes, you can request an 80/20 division if you believe your circumstances justify it. However, achieving such a settlement requires strong legal arguments and supporting evidence.
To improve your chances, our expert team of divorce solicitors in London recommends that you:
- Gather financial evidence – Provide clear documentation of both parties’ financial situations.
- Demonstrate financial need – Highlight any significant income disparity, health concerns, or childcare responsibilities.
- Seek legal advice early – A solicitor can assess your case and help negotiate a fair settlement.
- Consider mediation – Mediation can help you reach an agreement without going to court, potentially securing a favourable financial outcome more efficiently.
What if your spouse disputes the financial split?
If your spouse disagrees with the proposed 80/20 division, the case may proceed to court, where a judge will determine the appropriate financial settlement. The court will consider the specific needs and circumstances of both parties before making a decision.
If you believe your financial claim is being unfairly challenged, working with an experienced divorce solicitor is essential to ensure the best possible outcome.
Get expert legal support for financial settlements
Every divorce is unique, and the division of assets depends on individual circumstances. If you believe you are entitled to an 80/20 financial split or need guidance on securing a fair settlement, our expert divorce solicitors help.
Our divorce solicitors in Harrow, Canary Wharf and Piccadilly Circus offer free 30-minute consultations to assess your situation and discuss your legal options. Contact us today via the form below, call 0203 983 5080, or email [email protected] to speak with one of our experts in divorce services.
