What Factors Decide a Financial Settlement in Divorce?
People often want to know what they are "entitled to" in a divorce. In England & Wales there is no automatic entitlement to a specific share. Instead, the Court's goal is to ensure a fair outcome based on the couple's particular circumstances, and there are a number of factors that are considered when determining what a 'fair outcome' is.
Fairness, not a fixed split
A 50/50 division is sometimes a starting point for discussion, but it is not a rule. The court's task is to reach a fair result taking into account all the circumstances, with the welfare of any children under 18 as the first consideration.
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The factors that are considered
The law (section 25 of the Matrimonial Causes Act 1973) lists factors including:
- the income, earning capacity and financial resources of each person;
- the financial needs and obligations of each person;
- the standard of living during the marriage;
- the age of each person and the length of the marriage;
- any physical or mental disability;
- the contributions each has made, including looking after the home and children;
- in some cases, conduct, where it would be unfair to ignore it.
More than just the house
A settlement can involve a range of assets — property, savings, investments, businesses and, importantly, pensions, which are often overlooked but can be very valuable.
Reaching a settlement
Many couples are able to reach a settlement through negotiation or mediation. To make that settlement binding it must be drafted into a Consent Order and approved by the Court. Every situation is different but we are experienced in all aspects of dispute resolution to ensure you obtain a fair settlement in the most cost effective way.
Read more on our financial issues in divorce page.
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This article provides general information about the law in England & Wales and is not legal advice. Every situation is different, and how the law applies depends on your individual circumstances. For advice tailored to you, please speak to a solicitor.
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This article was drafted with the assistance of AI and subsequently reviewed and fact-checked by Jennifer Miles, Director & Family Solicitor at Aletta Shaw Solicitors (SRA No. 583090), on 4 August 2026.