All’s fair in love and war with Wilson Browne Solicitors

Posted 14th March 2024

Wilson Browne Solicitors expertly navigate divorce’s emotional and financial complexities. Their team offers clear guidance on asset division and settlements, emphasising transparency and tailored advice. They aim to simplify the divorce process, empowering clients to make informed decisions. This month, they delve into “All’s fair in love and war,” focusing on the nuances of divorce and asset allocation.

Divorce can be an extremely stressful experience for many people, involving the inevitable emotional upheaval of ending a long-term relationship, and the practical challenge of securing your future financial situation.

Once mediation has been considered, if it’s not possible to agree a financial settlement, divorcing couples are able to make an application to court, as to how any assets should be divided. Disagreements obviously occur regarding how assets should be divided (completely understandable in what can be a stressful and emotionally charged situation) which causes delays to the divorce which in turn, can lead to increased stress and ill-feeling.

The court’s first consideration is to ensure that the needs of any minor children are met, which at the most basic level, means ensuring they have a roof over their heads. In turn, it also means the primary carer of the children has a roof over their head.

In some cases, the assets may not stretch beyond providing a home for the primary carer of any children, and as the primary carer will be responsible for looking after the children on a day-to-day basis, the court may award them a greater share of the assets if their situation/needs justify it.

It is not uncommon to encounter situations where one party to a divorce enters into a new relationship and starts to live with that person, or even makes plans to marry them. In such situations, parties are required to disclose a summary of that person’s assets and income. Whilst the court does not have the power to make orders in relation to the new partner’s assets, they will still be a factor for consideration.

For example, if a party to the divorce had moved into a property owned by their new partner, there may be an argument that their housing needs are met and as such, the other party to the divorce may have a valid argument to receive a greater share of the assets in order to allow them to rehouse too.

It is nearly always preferable for couples to reach an agreement on any settlement themselves – this saves time, emotional energy and a costly, drawn-out and adversarial situation. No two cases are the same and there is no scientific way of determining the outcome, so it’s essential to get advice early on.

If you need simplified advice or clear guidance with the divorce process, call us on 0800 088 6004.

Alternatively visit to find out more about divorce and dividing assets.