50/50 Split


The starting point for all divorce financial settlements is 50/50.  If you and your ex were at the pub with a mutual friend and the mutual friend said to you “look split everything 50/50” it is likely that one but not both of you would say yes.

What seems fair to one often does not seem fair to the other.

Also 50/50 is only the starting point.

The judge looks at what are called Section 25 factors to decide how to split the assets.  This includes the length of the marriage, contributions, the needs of the parties, health etc.  The judge has a very wide discretion to give each factor the weight he thinks appropriate.  Very often another judge will disagree with him but appeals are rare because provided it has been within the discretion of a reasonable judge an Appeal Court will not interfere because that earlier judge had the opportunity of hearing witnesses and he is allowed to take that into account and indeed must when reaching his decision.

We would be interested in your comments, please leave them by clicking on the title to this blog above