There is no standard formula for calculating appropriate financial provision on divorce. Instead, the court has a duty to consider all the circumstances of the case and to take into account a range of specific statutory factors set out in section 25 of the Matrimonial Causes Act 1973 (section 25 factors).

Welfare of any child(ren) of the family

Before considering the individual section 25 factors, the court first considers the welfare of any child(ren) of the family under the age of 18.

The court’s approach is to calculate and then distribute the parties’ available resources having regard to the Section 25 factors.

The Section 25 factors which are considered can be summarised as follows:

    • The capital and income resources available to the parties, either existing or reasonably foreseeable;
    • Details of the financial needs of the parties, including:– their standard of living;– their ages and the length of the marriage; and– any disabilities
    • The court also considers the following additional factors:– the respective contributions of each party;– the conduct of each party (although only in exceptional cases); and– any benefit either party will lose as a result of the divorce (such as a spouse’s pension)

Division of parties’ resources

When considering the section 25 factors, different Judges may reach a range of different solutions on identical facts, all of which would be within their judicial discretion. However, a line of cases has established a standard approach to the way the court considers a given set of facts.

The starting point is that assets accrued during a marriage are divided equally, and the guiding principles applied are ”equal sharing”, ”needs” and ”compensation”. The matrimonial home is normally considered a matrimonial asset, so is divided equally between the parties even if it was owned by one of them before the marriage.

Where equal division of resources adequately meets the parties’ needs

Where an equal division of all assets accrued during the marriage adequately provides for the capital and income needs of each party and any children, then this is the appropriate financial outcome.

Where equal division of resources cannot meet the parties’ needs

Where the needs of the parties and any children cannot be met by an equal division, an unequal division of resources may be appropriate instead. In these cases, needs are likely to dictate how capital and income are divided. Inherited assets, or assets introduced by one party during the marriage, may count for little. However, where possible, the court tries to ensure that a party who inherited or introduced a particular asset retains it as part of the resources to meet their own needs (even if this means allocating a larger share of the matrimonial assets to the other party).

In some cases, the sharing principle may be applied at a later date, with a reallocation of resources in the future. Typically this may involve one party having a deferred interest in the matrimonial home that will be realised once any children finish their education (usually to first degree level).

Clean Break

Where possible, the court seeks to achieve a ‘clean break’ between parties on divorce, so that they are no longer financially dependent on one another.

Maintenance

If there are insufficient assets to achieve a ‘clean break’, one party (the payer) may pay ongoing maintenance to the other (the payee). This maintenance generally ceases when one of the following occurs:

    • The payee remarries;
    • The payee dies
    • Further order of the court

Sometimes, the court awards maintenance for a fixed period of time.

When deciding the level of maintenance to award, the court will consider all of the following:

    • The needs specified by the payee in a budget.
    • The standard of living during the marriage.
    • The payer’s ability to pay

Where the parties’ resources exceed their needs

Where the parties’ resources exceed their needs, applying the sharing principle generally leads to an equal division of the assets that the parties have accrued during the marriage. These assets are referred to as matrimonial assets.

Where significant matrimonial assets have been generated by the special contribution of one party (that is, by exceptional efforts that are greater than the contribution of the other), the court may provide the other party with a less than equal share to reflect this. However, special contribution arguments rarely succeed.

The sharing principle does not apply to property that is inherited or introduced by one party during the marriage. The exception is where such property has become part of the matrimonial assets, for example, by being put into joint names or converted into a different type of property enjoyed by the family (such as an inherited picture sold and used to buy a holiday home).

Where assets are entirely, or largely, non-matrimonial, the division of resources may be determined entirely by the applicant’s needs. These needs are generously interpreted. The financial provision may also include compensation for economic disadvantage (for example, because the party has given up a successful or lucrative career to look after children).

If you would like advice in relation to business assets on divorce, please contact our expert family law team on 0113 322 9222 or enquiries@consilialegal.co.uk or by completing our Contact Us form.

Contact Sarah

What Our Clients Say About Our Family Law Services

Laura Clapton has been brilliant and very professional through the Mediation process. I highly recommend her.

Jen Huggett

Absolutely five star service from Laura Clapton and her team, always kept informed of progress, and Laura was always available on the end of the phone to answer any questions. Highly recommended, thank you Consilia Legal.

Jane C

Professional and personal. Vicky was very caring and listened to my issue, advice was clear and easy to understand. Vicky ensured my mind was at ease and I knew my options. Excellent service. Sarah really knows the family sector, she puts you at ease instantly and ensures you are aware of all the options. Would definitely recommend this service. Thank you for your help.

Catherine White

Vicky guided me through the legal context of an employment and was very efficent, approachable and supportive. I would highly recommend this company and Vicky to others who need legal support and advice. Many thanks.

Maureen Sheridan

Had a great experience working with Victoria. Felt completely comfortable asking all kinds of questions and she always explained them really well.

Julia Mariani

I often get clients asking if I can assist with employment and family matters. As this is not my area of specialism I am conscious to help assist by passing them onto a trusted source who will look after the client in the best manner possible and with the same approach and ethos as myself. For employment and family matters I recommend to Consilia Legal as they contact the client promptly and provide practical no nonsense advice at a great value. I have no hesitation in recommending their services and will continue to direct my clients to them for this type of legal advice.

John Bailes

What our clients say about Consilia Legal on

  • Honest , sensible and efficient advice given over telephone . Very impressed . Would recommend

    alison purdy
    4/26/2020

    Consilia Legal was recommended by a friend. Victoria provided excellent guidance in a timely manner. Would definitely recommend.

    Alison Metcalfe
    4/06/2020
  • I emailed Sarah at Consilia and received a very quick response.
    Sarah agreed to call me the following day and called me at the agreed time so no waiting for the call!
    Sarah was fantastic, she offered great advice and left me feeling alot more positive and informed on my situation.
    I cannot recommend highly enough, professional and caring and highly informative.
    Thank you

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    3/26/2020

    Great service provided by Andy from initial contact all the way through to completion. Very helpful and knowledgeable and helped to get everything sorted out quickly. I would highly recommend.

    liam miller
    3/06/2020
  • Andy Boyde made the process straight forward and easy (Redundancy contract). I found him very knowledgable and was able to answer all my questions with ease. I would recommend the firm for employment matter.

    Mark Timmons
    2/26/2020

    I was delighted with the advice and help Andy gave me. He was extremely helpful in a very stressful time and I would highly recommend anyone looking for legal advice - FIRST CLASS !!

    Nick Hall
    1/09/2020
  • I would like to say a big thank you to Emma Cartlidge Employment Solicitor. She was extremely professional, friendly and polite and very thorough in her work. Emma helped me with my matter making sure to stay in touch and keep me fully informed at all stages. The service from Consillia Legal has been amazing. Everyone I have spoken to has been super friendly and so helpful including Matt on Reception and Victoria who I spoke to for initial advice. This is definitely a 5-star rated law firm and I would not hesitate to recommend Emma and her colleagues. A big thank you !

    RAVINDER Heer
    1/09/2020

    Marie Walsh is undoubtedly the best employment solicitor in Leeds, if not the whole of Yorkshire. I always knew this from her great reputation and she recently assisted me with a very complex and difficult matter. Marie handled the situation with a pragmatic approach and endless patience. I cannot recommend her enough - she is an absolute superstar! I also dealt with Andy Boyde in her absence who was extremely professional and great to deal with.

    Bin Sparkes
    1/05/2020
  • Andy Boyle provided a very friendly, good and fast customer service. I would recommend using this practice.

    Reiss Malone
    1/02/2020

    I could not have asked any more from Andy. He was really friendly and helped me through a very difficult time. He did not waist time, both to make sure we resolved the matter quickly but also to keep cost to a minimum. I’m extremely happy with his services.

    Tatiana Sebastiao
    12/24/2019
  • I had to get a Solicitor a pretty short notice, and Andy was able to see me the same day. He made me feel very at ease and explained everything to me so I could understand it better. I would highly recommend Consilia to everyone
    Thank you again Andy for your fantastic advice and support

    Kelly Rawson
    12/18/2019

    I received clear, straightforward advice from Andy Boyde. I always felt that Andy was acting in my best interest. When I met him, Andy's approach was approachable and relaxed but still very professional.

    Martin Curran
    11/09/2019
  • Consilia provided a great service during a difficult period when I was made redundant. Vicky showed great professionalism and expert knowledge in addition to genuinely caring about resolving my situation. I would highly recommend them.

    Phil Sugden
    11/06/2019

    Andy from Consilia Legal was fabulous in providing support and advise in what was a very difficult period in my working life. We managed to get a fair deal for my settlement and all with in a short space of time. Once again thank you Andy

    Richard Pickles
    10/31/2019
  • Laura and the team have been an incredible help in my divorce. Through a very difficult time they have always been on hand to offer exceptional advice and assistance. I have always felt reassured by their professionalism and care. Thank You.

    tim capper
    10/23/2019

    Consilia were fantastic helping me deal with a redundancy issue. They were helpful and professional. Really put my mind at ease knowing I had their help

    Robert Cubbon
    10/07/2019
  • I recently had occasion to require the services of an employment lawyer and was recommended to this firm by a professional colleague. I have dealt with many lawyers around the world in the most complex business transactions and personally. I can honestly say I have never received the level of consideration and service from any other legal firm to match that of Consilia Legal. From the moment they picked up the phone to my initial call to the matter being finalised in record quick time; their service and attention to detail was never less than exemplary. Their legal advice was also spot on. It is extraordinary to see this level of service across every aspect of a business and it is a huge credit to Marie Walsh and her team (especially Emma Cartlidge) that they are all able to make their clients feel so welcome and so cared for. I would heartily recommend them to anyone.

    Stephen Wilson
    9/13/2019

    I recently needed legal help with a settlement agreement post a redundancy. I have never had the need to use a solicitor's services before. Going by the great reviews on Consilia I decided to give their services a go. I had the pleasure to be attended by Emma Cartlidge and she made the experience simple and easy. The offer was reviewed and amended with precision and I needn't worry about anything. I would recommend Consilia to anyone nervous about using legal services and in need of employment law advice.

    mszkamio .
    9/11/2019
  • Superb professional, supportive & friendly service by Laura and her colleagues.

    Their responses to both emails and telephone calls were quick and precise.

    I could and not of asked for a better service during a very difficult period, and would not hesitate to use again.

    Steve

    Steve Wallis
    9/02/2019

    Thanks Laura and team at Consilia Legal. Great service and such a pragmatic and human approach to the legal system. Fitted really well with my personal values. Truly aimed at being conciliatory rather than adversarial.

    David Beaumont
    8/18/2019
  • Thanks Laura and team at Consilia Legal. Great service and such a pragmatic and human approach to the legal system. Fitted really well with my personal values. Truly aimed at being conciliatory rather than adversarial.

    David Beaumont
    8/18/2019

    Emma was amazing for me, and I would highly recommend her and her firm for any employment related issues. She helps with making it easy to understand and makes the whole process as swift and efficient as possible. Thank you for all of your help.

    Terri-Rochelle Ward
    8/15/2019
  • Andy Boyde at Consilia Legal was more than helpful I highly recommend him for he went above and beyond. If your looking for a good honest solicitor who is genuine and transparent throughout then look no further.
    Danielle Phillip

    Danielle Phillip
    7/31/2019

    I would have no hesitation in recommending Consilia Legal. Being in the more than capable hands of Marie & Andy collectively, helped me through an employment issue, which was difficult at times. However the support I received was highly proffessional, with a very caring approach at all times & they guided me through the process. Thank you so much. Elaine

    Elaine Dale
    7/22/2019
  • Sarah Manning was great - really efficient and supportive. I would recommend her to anyone.

    Leah Gore
    6/28/2019

    Marie and her staff have been very helpful. Marie had assisted me previously with an employment law issues so I had no hesitation in engaging her again. She helped me through an unpleasant job related matter when I was at a low ebb and feeling unable to fight my own corner. As before Marie gave sound, straight forward advice and took over the handling of communication with my employer until the matter was resolved. When I had to take action myself Marie was always there to consult if I was worried about something. I would thoroughly recommend Consilia Legal to anyone.

    Amanda Keers
    6/24/2019
  • Marie, Andy, Victoria and Emma were exceptional in their help, advice and support – all done with a non-nonsense super friendly approach. Really took the stress out of a difficult corporate employment process. I felt safe and confident in their capable hands, recommending them highly.

    Sophie Webb
    6/03/2019

    Excellent personal support, advice and understanding from Marie, Emma and the Team, thanks for all you have done.
    Highly recommended

    Ian Reed
    5/30/2019
  • Received a really good service from Marie and the team including Emma, who offered valuable support throughout. I contacted Consilia following a recommendation from a union representative. Was given great advise through her trusted associate who offered an accurate and professional assessment. Marie secured a really good outcome due to her knowledge, perseverance, conscientiousness and genuine desire to try and get the best outcome on my behalf. A lot of genuine empathy and respect expressed and a brilliant negotiator. Very well informed, experienced and brilliant communicator. True to her word re costs as discussion was upfront and honest. Very reasonable rate compared to other firms. Would recommend to others Thank you very much!

    Elaben Mistry Jackson
    5/26/2019

    Received a really good service from Marie and the team including Emma, who offered valuable support throughout. I contacted Consilia following a recommendation from a union representative. Was given great advise through her trusted associate who offered an accurate and professional assessment. Marie secured a really good outcome due to her knowledge, perseverance, conscientiousness and genuine desire to try and get the best outcome on my behalf. A lot of genuine empathy and respect expressed and a brilliant negotiator. Very well informed, experienced and brilliant communicator. True to her word re costs as discussion was upfront and honest. Very reasonable rate compared to other firms. Would recommend to others Thank you very much!

    Elaben Mistry Jackson
    5/26/2019
  • Very professional and got the right result for me in a very timely abs efficient manner. Great service, good advice and an excellent result I couldn’t have got on my own

    Jon Geldart
    5/23/2019

    Excellent service from Laura Clapton guiding me through a difficult divorce process. Super efficient, professional and carries out the work with understanding and compassion for your situation. Would highly recommend and have already recommended.

    Jo Allan
    4/09/2019
  • Professional, swift responses and detailed answered. Received THE BEST customer service from Andy Boyle at Consilia. Definitely Recomendd!

    Arooj Iqbal
    3/18/2019

    Professional and received good customer service. I would really recommend them as they helped me to negotiate my way out of a difficult work situation on the best terms possible. Andy was very polite and knowledgable.

    Diane Holden
    3/15/2019
  • Consilia have done a good job of mediating the discussions across family and financial matters. Quick responses, good communication and a helpful/flexible approach.

    Rob Hennessy
    3/06/2019

    Victoria Horner offered me employment law advice over the telephone and via email which was impartial but ultimately a game changer in the redundancy situation I found myself in with my employer. Victoria’s advice was instrumental in allowing me to negotiate redundancy and meant I was fully abreast of the law when having conversations with my employer. Victoria presented to me options which I have not yet considered or been made aware of a being entitled to which placed me in a stronger position when in dialogue with the HR department I was dealing with. This made me feel more empowered and gave me back some control during a very unsettling and confidence eroding time. Thank you Victoria.

    Sarah De Biase
    3/06/2019
  • I had a great service from Laura and her team at Consilia Legal and would certainly recommend them to others. The service was very friendly and informative keeping me up to date in a timely manner and been on hand to offer advice when needed. Thankyou.

    Matthew Bell
    3/05/2019

    I was recommended Andy Boyde of Consilia Legal by a good friend in the profession to handle a personal issue. Dealing with Andy has been a pleasure from start to finish. Calls and emails were answered and dealt with in a timely manner and he gave a great deal of attention to run through legal jargon in layman's terms. Thoroughly recommended.

    Michael Dockwray
    3/01/2019
  • I dealt with Vicky at Consilia Legal and I couldn't thank her and the team enough. Very fast and efficient and will go out of her way to help in anyway possible. Would recommend over and over again. Thank you

    Lauren Clark
    2/11/2019

    Laura Clapton has been brilliant and very professional through the Mediation process. I highly recommend her.

    Jen Huggett
    1/22/2019
  • I was most impressed with the speed and efficiency which Andy Boyde at Consilia Legal handled my case. I selected Consilia Legal after reviewing previous feedback which had positive comments regarding the areas I was interested in. The way my case was handled turned a stressful situation into a quick and stress free process. I would have no hesitation in recommending Consilia Legal.

    Craig S
    1/02/2019

    Great service from Andy and the team. Handled my case very professionally and I was given excellent advice. Very informative and always responded promptly. Would highly recommend.

    Adam Orange
    12/04/2018
  • Very quick and reassuring response from Andy and the team here after a very difficult situation at work. Referred from Citizen Advice Bureau because all other firms seemed less bothered about my needs versus their fees. Andy gave great advice and helped explore my options so I could respond appropriately without being cornered by my work. Ended up with a very amicable outcome! In difficult times you need people like Consilia to help guide and support you... thanks guys

    Mirra Riz
    12/03/2018

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