In general terms, there is now a presumption that assets will be divided equally if this is fair. However, there are many different factors can affect whether or not this would be a fair outcome. There are many circumstances in which a 50:50 division might not be appropriate. This may not be fair, for example, if:
- Your marriage is very short in duration
- You don’t have any children
- Either of you had brought a lot of assets into the marriage
- Either you or your spouse has inherited or been gifted money during your marriage
- One of you has serious health concerns
Perhaps most importantly of all, it is vital to understand whether the assets in your case have been valued fairly. There are many different ways to value certain types of assets and it is crucial that you instruct a specialist solicitor so that you can understand whether the assets have been valued by your spouse correctly. If this is not done, you may be working on incorrect values and this may mean that you receive a much smaller divorce settlement than you are entitled to.