How are finances divided upon divorce?

Fair not equal

Division principle

Under 18

Child welfare priority

s.25 MCA 1973

Governing law

Needs first

Primary consideration

The Short Answer

Courts in England and Wales divide divorce finances fairly—not necessarily equally—by considering all circumstances, especially the welfare of any children under 18 and the parties’ needs, resources, and conduct.

What the Law Says

The court’s power to decide financial matters on divorce is set out in the Matrimonial Causes Act 1973. Section 25 sets out the factors the court must consider when deciding how to divide property, income, and pensions.

The law does not require an equal split. Instead, the court aims for a 'fair' outcome based on the specific facts of the case.

The starting point is often equality—but this can be adjusted depending on needs, contributions, and other statutory factors.

The welfare of any child of the family who is under 18 is the court’s 'first consideration'.

Statutory Text
It shall be the duty of the court in deciding what order (if any) should be made… to have regard to all the circumstances of the case, first consideration being given to the welfare while a minor of any child of the family who has not attained the age of eighteen years.
— Matrimonial Causes Act 1973, s. 25 — Duty of court in exercising powers

What to Do

Disclose all assets, income, debts and pensions fully and honestly.

Try mediation before applying to court — it’s usually quicker and cheaper.

File a financial remedy application if agreement isn’t possible.

Attend a First Appointment (FA) and Financial Dispute Resolution (FDR) hearing as directed.

Be prepared to justify your proposals using the s.25 factors — especially needs, earning capacity, and childcare responsibilities.

Sources

statuteMatrimonial Causes Act 1973, s. 25 — Duty of court in exercising powers

Same Question, Other Jurisdictions

Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.