Hi Guys

Have been mooching about a bit lately, and I have noticed on the forum many posts about how a lot of peeps are unhappy that they have been advised that their stbx will receive more than 50% of the assets of the marriage....so I thought I would clarify this little fallacy:

50:50 does not exist!!!!!!!!!!

In my 9 years of practice I have never seen it ordered. In my partner's 10 years of practice he had never seen it ordered....you will struggle to find a lawyer who has.

Even in White and White, the now infamous case that gave us the concept of the "yardstick of equality" and hence 50:50 division, it didn't happen.

What does happen is the court considers all the circumstances of the case, giving first consideration to the welfare of any children of the family under the age of 18. The court has regard to the following matters:

(a) The income, earning capacity, property and other financial resources which each spouse has or is likely to have in the foreseeable future including, in the case of earning capacity, any increase in that capacity which it would be, in the opinion of the court, reasonable to expect a person to take steps to acquire.
(b) The financial needs, obligations and responsibilities which each spouse has or is likely to have in the foreseeable future.
(c) The standard of living enjoyed by the family before the breakdown of the marriage.
(d) The ages of each spouse and the duration of the marriage.
(e) Any physical or mental disability of each spouse.
(f) The contributions which each spouse has made or is likely to make in the foreseeable future to the welfare of the family, including any contribution by looking after the home or caring for the family.
(g) The conduct of each spouse, if that conduct is such that it would in the opinion of the Court be inequitable to disregard.
(h) The value to each spouse of any benefit which one spouse because of the divorce will lose the chance of acquiring (most usually pension provision).

No one of those factors is more important than the other - everything is chucked into the scales and a judge attempts to decide what is "fair" ­base­d on the circumstances of your case. What is "fair" is a very wooly concept, and in every case there is a large band of possible outcomes. As long as a judge is somewhere in the band, it is deemed to be fair.

Hopefully this goes someway to helping some of you, particularly the peeps who post to say that they are sticking to 50:50 and not shifting - sadly, all that can lead to is a long and very expensive battle.

Amanda

Amanda,

Would i be right in thinking that some couples will ask for a consent order to be drawn up along the lines of 50:50?

i.e. when you say 50:50 does not exists is that only for contested divorces, and for amicable divorces you can agree on 50:50 if you choose.

hi id just like to say having just been through a final hearing with my partner last friday his outcome was afull,his ex got 51% ,no consideration was made for our lives ,i am livivg with my partner with my daughter,his ex is on her own ,healthy and working full time,she got 40%of pension,a 3 bed semi,£400 per month maintanance,all he got was the debts,we now dont know how were gona survive financialy,the court didnt take me or my daughter into account even though were getting married,they said he should have thought about the financial side before getting involved and that his priority was his ex,sorry for rabbiting on but were absolutly distraut at the outcome,just needed to talk to someone.thanks

hi id just like to say having just been through a final hearing with my partner last friday his outcome was afull,his ex got 51% ,no consideration was made for our lives ,i am livivg with my partner with my daughter,his ex is on her own ,healthy and working full time,she got 40%of pension,a 3 bed semi,£400 per month maintanance,all he got was the debts,we now dont know how were gona survive financialy,the court didnt take me or my daughter into account even though were getting married,they said he should have thought about the financial side before getting involved and that his priority was his ex,sorry for rabbiting on but were absolutly distraut at the outcome,just needed to talk to someone.thanks

I am quite surpised with this outcome tbh. does ur parter have any kids with his ex?

yes but shes 21 and doesnt live at home,we cant beleive it ourselves,were still in shock,no,one weve spoke to can believe it either

Hi Wikivorce Team

There is nothing stopping a couple coming to an agreement between themselves that divides the assets 50:50, but I have to admit that even when we are talking about consent orders it is very very rare.

Amanda