This is a myth many people believe to be true, it is a myth. The courts do not side with wives during financial remedy proceedings and will fully consider all the party’s assets and any relevant children before a decision is made.

The court decides on how assets, debts and income will be split following separation to provide financial security for both parties. The court aims to ensure that the financial division is fair while protecting the needs of both parties and any relevant children when dependent. The court will consider the needs of any children prior to the needs of the parties.

The decision of the court is not based on gender but on the law. The Matrimonial Causes Act of 1973 sets out the rules for divorcing couples in England and Wales. The specific criteria the court uses are detailed in Section 25, which lists the factors that a Judge uses to decide the split of matrimonial assets. The goal is fairness, but this does not mean that there is an equal split of the assets. The outcome will be specific to the individual circumstances.

When the court is looking at dividing the assets, you should assume that everything you own before and during your marriage is a marital asset. When you get married the ‘household’ and therefore so do all your assets become one. It is possible to ‘ring-fence’ some assets, but you cannot count on this happening.

As experts we can advise on how the Section 25 criteria apply to your circumstances and explain the likely range of orders the court could make. The advice is designed to assist in reaching an agreement either through mediation or solicitor negotiations. We can also assist in converting the agreement reached into a legally binding court order.

If you need expert advice, please contact one of our experts for your “peace of mind”.

Tanya Norley
Family Solicitor at Fairhurst Menuhin & Co 5 June 2025