If you’re considering divorce, understanding what a wife is entitled to in a divorce settlement is crucial. In this blog, our divorce solicitors address common questions about divorce financial settlements and entitlements.
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A wife’s entitlement to a divorce settlement
Following the initiation of no-fault divorce proceedings, either spouse can commence financial proceedings in the family court to obtain a divorce settlement through a financial court order.
The divorce court is empowered to issue various financial court orders, including:
- Spousal maintenance
- Lump sum payments
- Sale of the family home with division of equity
- Transfer of the family home from joint names to one spouse’s sole name or vice versa
- Sale or transfer of investments
- Sale or transfer of shares in a family business
- Pension sharing
In certain circumstances, the court can also issue child support orders, such as additional child support or payment of school fees.
In every application for a financial court order, the court has the authority to grant any of these orders in favour of either spouse, without consideration of gender. Instead, the court decision is based on a set of statutory factors known as the section 25 criteria, as recognized by divorce solicitors.
What will a wife get as a divorce settlement?
The outcome of a wife’s divorce settlement is determined by the factors listed in Section 25. In the UK, there’s no fixed statutory rule stating that the wife automatically receives the family home or that the husband retains his pension or business. Rather, divorce solicitors must assess all circumstances against the Section 25 criteria.
If a couple has dependent children, the divorce settlement will prioritise the children’s needs. This is because the Section 25 factors prioritise the welfare of dependent children as the court’s primary concern, ensuring their needs are met. If the children will primarily reside with the wife, they will require suitable housing and sufficient income, which may come from the wife’s salary, child support, spousal maintenance, or a combination thereof, to cover the household expenses and other reasonable costs.
Section 25 Criteria
The section 25 criteria encompass:
- The financial resources and earning potential of each spouse, including any expected increase in earning capacity that it would be reasonable to pursue.
- The financial needs, obligations, and responsibilities of each spouse now and in the foreseeable future.
- The standard of living enjoyed by the family prior to the marriage breakdown.
- The age and duration of the marriage for each spouse.
- Any physical or mental disabilities affecting either spouse.
- Contributions made or likely to be made by each spouse towards the family’s welfare, such as homemaking or caregiving.
- The conduct of either spouse, if it is deemed by the court to be relevant in ensuring fairness.
- The value to each spouse of any benefit (e.g., a pension) that will be lost due to the end of the marriage.
