Paul Read

Partner - Head of Family Law

Blog Divorce and Family Finance Family

Managing finances and assets while navigating a divorce can be complex and emotionally challenging.

At TV Edwards, our expert divorce solicitors provide the necessary legal guidance to help you navigate the division of assets, ensuring you get a fair settlement. Whether your case involves property, pensions, business interests, or ongoing financial support, we’re here to protect your financial future.

Are assets always split 50 50 in a divorce?

It’s a common misconception that assets will always be split evenly between both spouses during a divorce. 

While a 50/50 split is the usual starting point, there are many factors that come into play when determining what percentage each spouse gets.  These include how much each contributed financially and non-financially during the marriage, among other things. 

The landmark case White v White (2000), emphasised fairness, ensuring that homemakers are not disadvantaged compared to the spouse who earns a salary, should they get divorced.

Essentially, asset division in a divorce is about fairness rather than strictly adhering to a 50/50 split. Courts will take into account several factors, including:

• How much money each spouse will need going forward
• How the children you might have together will be looked after
• How long the marriage was

They will want to make sure both parties have enough to live comfortably with in the future.

To speak to us about your situation, use our contact form.

How Are Different Types of Assets Divided?

Different assets are treated in various ways in divorce settlements. Here are some key examples:

• Family Home: Typically, the matrimonial home will be the largest asset that a couple shares. In the event of a divorce, the court might order that the home be sold and the proceeds split between both spouses, or that one spouse can keep the house. The latter option is especially common if the spouse is looking after children.
• Pensions: It’s common for pensions to be considered marital assets. They might be divided between spouses through pension sharing orders, or offset by other assets like the family home or savings.
• Savings & Investments: The court will examine the financial contributions of each party–as well as what they might need in the future to get by–when deciding how to split joint savings accounts, ISAs, stocks, and investments. 
• Debts & Liabilities: Debts such as mortgages, loans, and credit card balances also have to be fairly shared between the two parties.

No two divorce cases are the same, so the approach to dividing assets has to be tailored to what is fair and reasonable in light of the individuals’ specific circumstances.

Factors That Influence Asset Division

The court will take a number of things into account when deciding how your shared assets should be split. As fairness is paramount, the court will consider as many factors as are presented as related to the case. These might include, but are not limited to:

• Length of Marriage: It’s typical for longer marriages to result in a more equal distribution of assets following divorce, as both parties are presumed to have contributed to those assets over time. 
• Financial & Non-Financial Contributions: Childcare and home maintenance are contributions considered equally important as financial contributions in the eyes of the court.
• Future Financial Needs: One crucial factor the court will consider is how capable each spouse is of supporting themselves (which will include their potential to earn income) after the divorce.
• Children’s Welfare: Children are also a top priority for the court. Their needs will be carefully considered during the division of assets, ensuring that they are suitably provided for.
• Pre- and Post-Marital Assets: If some assets were acquired before you were married–or perhaps received as inheritance–they might not be included in the division. 

As aforementioned, each case is unique and assessed on its individual circumstances, which helps ensure that both parties are treated fairly, with a focus on long-term financial security. 

What Happens to Business in Divorce?

Divorce settlements can be complicated by the division of business assets shared between the two spouses. A business can be considered both an income source and a capital asset (the latter in the same way a home is), and the court will need to determine how it should be valued or divided. 

In the case of V v V (2005), it was ruled by the court that a business, especially if it is primarily income-generating, may not always be divided as an asset in a settlement. Instead, spousal maintenance or the fair division of other assets like property or pensions can be arranged. 

If either you or your spouse owns a business, the court might:

• Value the business and–if it’s primarily a source of income–possibly exclude it from asset division. 
• If appropriate, offset the business’s value against other shared assets, such as the matrimonial home or pensions. 
• Consider spousal maintenance if a clean break is not possible. 

Ultimately, the way the business functions, what kind of asset it is, and the financial needs of you and your spouse will all be taken into account when the court assesses how it should be treated in the divorce proceedings. 

Contact us and we can talk you through how your business might be affected by your divorce. 

Related Divorce Services

What to Expect From Our Divorce Solicitors?

At TV Edwards, we know how overwhelming and emotionally taxing the process of figuring out how to divide assets in a divorce can be. 

Whether it’s splitting your pensions, property, business interests, or debts, we can give you the right guidance with our experienced family finance solicitors. We’ll guide you through every step of the process, ensuring that you receive a fair, equitable, and satisfactory financial settlement and the end of it. 

Starting with an initial consultation, we’ll take the time to understand your unique financial situation and explain your options clearly. We’ll give you practical, transparent, and empathetic advice tailored to whatever you’re struggling with, including:

• Negotiating a settlement
• Considering asset division proposals
• Exploring options like offsetting

Our team can represent you in court if the other party is unwilling to reach an agreement.

By working with financial experts, valuers, and pension specialists, we are well placed to provide you with accurate, up-to-date valuations and advice.This ensures that every decision made is informed and in your best interest. At TV Edwards, we want to help you get the best possible resolution, but we always approach matters with a focus on finding amicable, fair solutions.

Our family finance solicitors subscribe to the Resolution Code of Practice and adopt a constructive, non-confrontational approach wherever possible. Though negotiation and mediation are always priorities for us, if disputes arise then we’ll give you the legal advocacy you need to protect your financial rights. 

 Why Choose TV Edwards?

Our specialist family team is top ranked in Chambers UK and highly commended in the Legal 500 2025 legal directories. The department has been recognised in The Times as a top 20 firm for family law in their 2025 guide.

Having a large team of dedicated and specialist solicitors means that we can advise in a wide range of family cases, including divorce, finances and children. Our specialist expert divorce solicitors handle complex cases with significant assets. Our specialist children lawyers are often at the forefront of family law handling groundbreaking cases in the high court and court of appeal.

We are passionate about the work do and are committed to provide exceptional client service to get you the best possible outcome in often stressful circumstances.

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Divorce Asset Division Frequently Asked Questions

Paul Read

Partner - Head of Family Law

Blog Divorce and Family Finance Family

It is not unusual that matrimonial assets will substantially increase in value between the date that the parties separated and the date of the final financial remedies hearing.

And that will normally simply mean that both parties will benefit from the increase.

But what if the increase in value was entirely due to the efforts of one party? How will the court approach such a situation?

What happens to assets acquired after separation but before divorce? The concept of matrimonial property

Before we answer the question, we first need to look at the concept of ‘matrimonial property’.

Generally speaking, in a divorce, the only assets that are to be shared between the parties are those assets that were acquired during the marriage through the joint efforts of the parties to the marriage. These assets are known as ‘matrimonial property’.

And for the purpose of the concept of matrimonial property the marriage will usually be considered to have ended when the parties separated, rather than when the divorce was finalised.

Accordingly, assets that were acquired prior to the marriage, after the separation, or not through the joint efforts of the parties (such as inheritances and gifts) are not matrimonial property and will not, therefore, be shared between the parties on divorce.

There is one exception to this, although it rarely applies: non-matrimonial property can be shared if it is required to meet the needs of the parties.

Post-separation endeavour

The concept of matrimonial property points us to the answer to the question of how the court will approach a situation where an asset has significantly increased in value due to the efforts of just one party.

And how this can play out in practice was demonstrated by a recent case, GA v EL.

The case concerned the final hearing of a wife’s financial remedies application.

As the judge hearing the application pointed out, there was one significant issue between the parties, namely, how to divide the proceeds of the sale of a business, ‘X Ltd’, between them.

The parties had married in 2007, and they separated in November 2019.

The parties held together a 50% holding in X Ltd, which had been incorporated by the husband and his business partner in 2008.

There was some dispute as to the value of the business at the date of separation, but the judge took it as approximately £30 million.

After the separation, the husband continued to work in the business until it was sold in February 2022 for about £60 million gross.

Clearly, the business had significantly increased in value since the separation.

The wife argued that this increase could not be attributed to the endeavours of the husband, and that it was essentially the same business when sold as the business that had been set up during the marriage. Accordingly, she sought a 50/50 division of the proceeds of the business.

The husband, on the other hand, argued that he had been responsible for the increase in the value of the business. He, therefore, proposed that the wife should have 37.5% of the 50% interest in X Ltd, and he should have the balance, i.e., 62.5%.

After examining the evidence, the judge concluded that the husband had indeed made a significant contribution to the increase in the value of the business.

The final matter to be decided, therefore, was: what element of the increase derived from the husband’s post-separation endeavour and was therefore not matrimonial?

Taking into account all of the relevant factors, the judge put the non-matrimonial element of the increase at 15% of the proceeds of the business. Accordingly, the judge divided the proceeds of the business as 42.5% to the wife and 57.5% to the husband.

The TV Edwards divorce and family finance team can provide expert advice when companies and corporate assets are part of a divorce or separation.

Get in touch here or call 020 3440 8000.

Disclaimer: The information on the TV Edwards website is for general information only and reflects the position at the date of publication.

Anesha Pavaday

Associate Solicitor

Blog Divorce and Family Finance Family

The festive period is a time of joy, celebration, and an opportunity to spend precious time with our loved ones. However, it can also be a time of challenges, upset, and difficulties particularly if this is your first Christmas after a relationship breakdown, a Christmas without your children, you are in the process of separating or you are thinking about ending your relationship. As a family solicitor, I understand and have heard directly from my clients about the complicated situations, emotions, and issues that can arise during this period.

In this article, I hope to share with you some guidance and support on how to get through the festive period as best you can.

Here are my top five recommendations:

1. Recognise stress

It is important to recognise that the festive period can significantly increase tensions in relationships and families. Everyone wants Christmas to be ‘perfect’, which adds pressure. This, coupled with financial strain and family dynamics, can create a cyclone of emotions. You may find the stress makes you want to leave or end your relationship. My advice to my clients is not to make any decisions in a rush or in the heat of the moment, no matter how strongly you feel. Before you announce anything to your spouse/partner/children, wait until you have spoken to a family solicitor first. This is so you are aware of the implications, potential outcomes, and the options available to you. I have personally seen in some cases clients reconsider their position or next move after they’ve been given legal advice. If your spouse/partner is already aware, I’d still recommend you obtain advice – the earlier, the better, but a solicitor can help at any stage.

2. Plan ahead

If possible, try to plan ahead to make arrangements for Christmas and New Year to minimise last-minute conflicts or misunderstandings. This might involve having a discussion with your ex-spouse/partner about sharing time with the children or making alternative plans. If you can agree on arrangements, it will help reduce stress for both you and your children. However, if this is not possible, seek legal advice early to understand your rights and options.

3. Take care of yourself

It is essential to prioritise your well-being during this time. Surround yourself with supportive friends and family members who can provide emotional support. It can be helpful to take time for self-care activities and to engage in hobbies that bring you joy and relaxation. If things feel overwhelming, seek professional support, such as counseling or therapy, to help you navigate the emotional challenges. Remember it’s ok to need help.

4. Focus on your children

If you are a parent, focus on creating a positive experience for your children, despite the challenges you may be facing. Children often pick up on their environment, so it’s important to reassure them and maintain a sense of normalcy. If co-parenting, strive to communicate with your ex-partner in a respectful and cooperative manner to ensure your children can enjoy the festive season without being caught in the middle. Your children deserve a nice Christmas.

5. Seek legal advice

If you are facing family law challenges during the festive period, seek legal advice from a family solicitor. Understanding your rights, legal options, and the potential implications of your decisions can provide clarity and empower you to make informed choices. Lastly, remember you are not alone and the festive period will get better.

TV Edwards’s Family Finance team has broad experience in all kinds of agreements between couples and regularly advises those getting married on how to protect themselves and their assets. Contact Anesha Pavaday at Anesha.Pavaday@tvedwards.com for a complimentary copy of our brochure on pre nuptial and post nuptial agreements or bespoke advice on your engagement ring.

Disclaimer: The information on the TV Edwards website is for general information only and reflects the position at the date of publication.