Division of Matrimonial Property
When a couple separates, dividing the assets built up during the marriage is one of the most important—and often emotionally charged—parts of the process. In England and Wales, the court seeks to achieve a fair, needs-based distribution of matrimonial property, rather than an automatic 50/50 split.
Matrimonial property typically includes the family home, savings, investments, pensions, and other assets acquired during the marriage, regardless of whose name they are in. The court may also consider pre-marital assets, inherited property, or post-separation earnings, especially if they are needed to meet the financial needs of one party or the children.
While separating couples can agree on how to divide their property, it’s essential to formalise that agreement through a legally binding Consent Order to prevent future disputes. Where agreement is not possible, the court steps in to ensure a fair outcome based on each party’s needs, contributions, and the welfare of any children involved.
Whether your financial life is simple or complex, seeking the right legal support ensures your home and assets are divided with fairness, clarity, and long-term security.
Frequently Asked Questions
Matrimonial property includes all assets acquired by either party during the course of the marriage—such as the family home, savings, cars, pensions, and investments.
Not necessarily. While 50/50 is a starting point, the court focuses on fairness and may depart from equality to meet the needs of one party, particularly when children are involved.
Yes, and if you do, the agreement should be turned into a Consent Order and approved by the court to ensure it is legally binding and enforceable.
Your home and assets reflect years of hard work and planning. At AAGA Solicitors, we work to ensure that everything you’ve built is divided fairly and with your future in mind—so you can move forward with financial confidence.