Divorce Settlements: Myths, Fairness and What’s Changing

Divorce can feel overwhelming, especially when you’re trying to work out how assets, pensions and property will be divided. One of the most persistent myths we hear is:

“Divorce settlements always favour the wife.

This idea has been repeated so often that many people assume it’s true. But the reality is very different.

UK courts do not start from a position of favouring one spouse over the other. Their role is to achieve a fair outcome, taking into account financial needs, contributions, responsibilities and earning capacity. Gender doesn’t come into it. The law aims to ensure that the settlement – whether it’s a 50/50 split or something different – meets the needs of both parties and any children involved.

So, what does “fair” really mean in practice? Let’s look at an example.

Why Fair Doesn’t Always Mean Equal

Many people expect a 50/50 split, but that’s not always the case. A recent example often discussed in family law commentary shows why.

In this case, the couple had significant shared assets. At first glance, an equal division seemed reasonable. However, the court awarded a 60/40 split instead.

Why? Because fairness isn’t just about dividing assets equally; it’s about meeting needs. The spouse receiving 60% had greater housing requirements and limited ability to secure a mortgage. They were also the primary caregiver for the children, which carries long-term financial implications.

The court also considered contributions during the marriage. These aren’t limited to income; non-financial contributions such as childcare and supporting a partner’s career are equally recognised. In this case, the spouse awarded more had made substantial non-financial contributions, which affected their earning potential.

Finally, future earning capacity played a role. The spouse receiving 40% had stronger long-term earning prospects, so the court concluded they could rebuild financially more easily.

The takeaway: Fairness doesn’t always mean equality. Sometimes, a 60/40 split is what’s needed to achieve a fair outcome.

Divorce Settlements Today: What’s Changing?

Family law continues to evolve, and courts are moving away from rigid formulas toward a more individualised approach. Judges are looking closely at housing needs, childcare costs, career breaks and realistic, not theoretical, earning potential. Two cases with similar assets can have very different outcomes based on these factors.

One case that has sparked significant discussion is Standish v Standish. This decision reaffirmed that fairness is the overriding objective, but equality remains the starting point. The court in Standish emphasised that while judges can depart from a 50/50 split, they must have strong justification for doing so.

The case involved a long marriage with substantial wealth, and the husband argued for a significant departure from equality based on his financial contributions. The court rejected this, stressing that non-financial contributions (such as childcare and homemaking) carry equal weight.

Standish v Standish also highlighted the importance of clear financial disclosure and evidence of future needs. Without this, it’s difficult for the court to craft a settlement that reflects reality. The judgment is a reminder that while flexibility exists, judicial discretion is exercised carefully.

What Does This Mean for You?

If you’re going through a divorce, it’s important to understand that myths like “the wife always gets more” or “it’s always 50/50” simply don’t reflect how courts operate. Your outcome will depend on factors such as:

• Financial needs, including housing and childcare
• Contributions during the marriage – both financial and non-financial
• Future earning potential
• The overall asset picture, including pensions and property

Why Early Legal Advice Matters

Getting advice early can make a huge difference. It helps you:

• Understand your rights
• Prepare financial disclosure
• Protect your interests
• Negotiate effectively
• Avoid unnecessary conflict

A Fair Settlement Isn’t About Taking Sides

The law isn’t designed to punish or reward; it’s about creating a fair outcome so both parties (and any children) can move forward with stability and security.

Speak to Our Family Law Team

If you’re separating or considering divorce, our experienced family law team can guide you through the process. We’ll help you understand your options, prepare your case and secure a fair and sustainable outcome.

Get in touch today for confidential advice.

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