What am I entitled to if I divorce my husband?

When a couple divorce, one of the major concerns is how the parties’ shared marital wealth will be divided between them post-separation. Women facing a divorce will often worry about the divorce settlement ask us “what am I entitled to if I divorce my husband?” Having the very best lawyer on your side can make all the difference in ensuring the optimal outcome in your particular circumstances. Here we look at how the law in England and Wales decides what you are entitled to following divorce (it is worth noting that there is a similar process for the dissolution of civil partnerships).

It is really important to get specialist advice from an expert divorce lawyer at the very start of the divorce process to ensure the very best result in your case. Family law proceedings in relation to divorce in England and Wales are based on the premise that a marriage is truly a partnership. Both the husband and wife will have contributed to the marriage prior to the divorce – be that in terms of financial contributions or non-monetary factors such as running the home or bringing up the children. In determining how to divide the couple’s wealth, the courts will therefore consider what is fair with the starting point being a 50-50 split of the marital wealth, regardless of who the main breadwinner was.

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How do the courts decide on the financial aspects of divorce?

Every relationship is different and so is every divorce. It is expected that someone facing divorce will have many questions. One of the major concerns can be what the financial situation will be post-divorce and will make the parties query what they will be entitled to if they divorce their spouse. It is imperative to get early legal advice from specialist divorce lawyers who understand the complications and intricacies relating to the financial issues of your divorce that need to be resolved this can greatly help your chances of getting the most favourable outcome. They will also be able to guide you on what you will be entitled to following divorce. It should be highlighted that the grounds for divorce generally do not affect the financial order, except in very extreme cases.

For these family law proceedings, the courts in England and Wales will take into account various factors to determine the financial division of your matrimonial assets and this is something that you can get advice from your lawyer about:

• The contributions of both parties- both monetary and non-monetary
• The earning capacity of both parties, including the potential earning capacity in the future
• The length of marriage prior to the divorce including periods of cohabitation immediately preceding the marriage
• Whether any financial assets are considered outside of the marital wealth
• The needs of both parties and the type of lifestyle they have been used to
• The needs of any children

What is the process for financial disclosure?

For the courts to be able to determine what would be regarded as a fair division of wealth, it is really important to get full and frank disclosure from both parties. This will be used to decide the financial order for the divorce. The correct timeframe for the financial order is between the decree nisi and the decree absolute. The decree nisi is the first official order as part of the divorce, which states that the court is satisfied that the marriage has irretrievably broken down based on one of the grounds for divorce. There are various stages for financial disclosure that need to be followed if there is to be a fair outcome that is legally binding. It is very important to get legal advice from a specialist divorce lawyer right from the start of your divorce if you are to ensure you protect the financial interests of yourself and your family.

To ensure that the court can make an informed decision in relation to the financial issues in a divorce, the parties will need to complete a Form E that details everything about their financial situation. This will determine what each party is entitled to following the divorce. This stage is voluntary if the parties have not involved the courts in the financial aspect of the divorce but can still be very helpful. Again, it is important to get advice from your divorce lawyer in relation to the Form