Most people getting divorce fall within the category of “needs” cases. This means that assets are divided unequally (and not 50/50) to ensure that the basic financial needs of the parties are met when they exit the marriage.
Myths
There is a great deal of misunderstanding about how finances are dealt with on divorce. Two of the most common myths I hear are:
(a) the family home is automatically split 50/50 – MYTH
b) debts built up during the marriage are automatically split 50/50 – MYTH
The reason that these are myths is that it is needs not maths that determine how money is shared on divorce.
This is best summarised in the words of the Family Court:
In the vast majority of cases the enquiry will begin and end with the parties’ needs. It is only in those cases where there is a surplus of assets over needs that the sharing principle is engaged.*
I am often working opposite individuals representing themselves when cases start. This point is frequently misunderstood. It is not until a judge explains to them that sharing only applies if there is a surplus of assets that there is an acceptance that a 50/50 split of the assets is not the right outcome.
A Recent Example of Financial Needs
A case recently came before the Family Court dealing with this issue. https://caselaw.nationalarchives.gov.uk/ewfc/b/2025/447
The parties were married for 12 years, and had one son with a significant disability who had reached the age of 18 by the time the case came before the courts. The wife’s income was limited to state benefits received as her son’s full time carer. The husband’s income came from his work as an HGV driver. The family home had a value of £525,000 and a mortgage of £186,000. It was agreed it had to be sold. The main question was how this pot of money was to be shared between the parties.
It was agreed by the parties that the wife had greater financial needs than the husband, as she would be providing her son’s care for the rest of his life. This meant that the court considered it was justified in departing from a 50/50 split of the assets. The judge decided to split the equity in the family home 71%/29% in the Wife’s favour, providing the Wife with about £200,000, and determined that this was a fair split of the assets.
Conclusion
If you are starting to consider your divorce finances, make sure that you understand these legal principles, and obtain some expert legal advice.
*WC v HC [2022] EWFC 22
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