The statute that governs divorce and financial relief on divorce in England and Wales, including the section 25 factors the court considers when dividing assets and the power to make a clean break.
In Plain English
This is the main law that judges follow to decide how to split assets and handle divorces. It lists the specific factors a judge must consider to make sure a settlement is fair.
This content reflects observational insights and lived community experiences. It does not constitute legal advice — always consult a qualified professional for your specific circumstances.
A "gap" is a common assumption people hold going into family court, set against what the court actually does. The bold line below is the assumption — not a fact. The reality underneath is what the court typically observes.
Gap #82
The assumption
The final divorce order can be granted before finances are resolved — it does not affect my financial claims.
The reality
Getting the final divorce order before sorting finances carries serious risks. Under Section 28(3) of the Matrimonial Causes Act 1973, remarrying without a financial order in place can bar you from applying for financial provision and property adjustment orders. You may also lose pension death-in-service and survivor benefits, and inheritance claims against the estate can be affected. Most practitioners advise finalising financial arrangements before the final divorce order to safeguard all interests.
Gap #151
The assumption
My deed of trust protects my money — I had it drawn up by a solicitor.
The reality
A deed of trust is tied to a specific property. When you move house it does not automatically transfer. When you marry, the court's powers under the Matrimonial Causes Act 1973 can override a deed between cohabitees. A deed never updated after a move or marriage may offer no protection at all.
Gap #195
The assumption
My pre or post nuptial agreement will be strictly adhered to in the court.
The reality
Nuptial agreements are not automatically binding in England and Wales. Following Radmacher v Granatino (2010), courts give them significant weight if entered into freely, with full disclosure and understanding, but the court retains discretion to depart from them if unfair. (Matrimonial Causes Act 1973, s.25)
Gap #209
The assumption
I'm not currently paying into my pension, so I don't have to declare it.
The reality
You must disclose all pensions in financial remedy proceedings — whether you are actively contributing or not. A dormant or frozen pension still has a value and is a matrimonial asset. Non-disclosure can lead to the court setting aside any order and to costs penalties. The duty of full and frank disclosure is ongoing throughout proceedings. (FPR 2010, r.9.14; Matrimonial Causes Act 1973, s.25)
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A McKenzie Friend can help you understand terms like these in the context of your case.
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