Property Division on Divorce

At the end of a marriage, it is necessary to consider the practical and financial arrangements for the parties' future: how they will share the value of the house(s), the pensions, and the savings and investments; who pays the debts; who gets personal belongings and furniture; and who has what income to live on. The law will only give effect to agreements that are objectively fair. If the parties cannot agree a fair settlement, then courts have the power to impose a settlement on them by making a ‘financial remedy’ order in whatever terms it thinks are objectively fair. This chapter looks at the courts' powers, the legal principles, the practical implications, and the problems that may arise in financial remedy practice. The law described in this chapter applies only to couples who have been married or civilly partnered to one another. There are no equivalent protections in England and Wales for unmarried couples.