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Is Property Divided Fairly Upon Divorce in England and Wales?

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Maiko Sergey Evgeniyovich
Lawyer
United Kingdom / Birmingham
Maiko Sergey Evgeniyovich

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Reading time: 6 minutes Total views: 10
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Publication date: 26.01.2026

Citizenship and residence, driving and transport, business and self-employment, visas and immigration, money and taxes, housing and local services, passports, travel and living abroad. And others. Except criminal ones.

My name is Sergey Maiko, and I am your personal lawyer. My primary goal is to help clients find optimal solutions in complex legal situations while ensuring reliable protection of their interests. I specialize in UK family and civil law, which allows me to effectively handle cases related to divorce, property division divorce, asset division, and the protection of parties’ rights.

In family law matters, I provide support in marital property division, divorce proceedings, division of property, pensions, business assets, and in achieving fair settlements between spouses. I understand that divorce is often an emotionally challenging process, which is why I always strive to find balanced and legally sound solutions.

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Property division is one of the key aspects of divorce in England and Wales. It is a complex process that frequently leads to disputes between the parties. To avoid mistakes and unfair outcomes, it is essential to clearly understand your rights and seek professional legal assistance from a qualified family solicitor in a timely manner.

 

Question:

What is property division divorce?

Answer:

Property division divorce is the process of determining which assets are marital property and which belong to each party individually (separate property).
Marital property typically includes:

  1. the family home or other real estate;
  2. bank accounts, savings, and investments;
  3. pension assets;
  4. business interests and company shares;
  5. other valuable assets (vehicles, antiques, works of art).

Separate property may include assets acquired before the marriage or received as inheritance. A crucial stage of the process is the accurate valuation of assets—particularly real estate, pensions, and businesses—which often requires the involvement of independent experts.

Question

How is asset division carried out in England and Wales?

Answer

In most cases, the parties attempt to reach an agreement through negotiations or mediation in divorce. A mediator helps facilitate dialogue and find a mutually acceptable compromise.


If no agreement can be reached, the case is referred to court. The court makes its decision based on the evidence and the provisions of Section 25 of the Matrimonial Causes Act, taking into account all relevant circumstances.

Question:

What factors does the court consider when marital property division?

Answer:

The court considers the following factors:

  1. the financial needs of each party;
  2. the standard of living during the marriage;
  3. the age and health of the spouses;
  4. each party’s earning capacity after divorce;
  5. the existence and terms of prenuptial or postnuptial agreements.

The court’s objective is to achieve a fair and reasonable balance, rather than an automatic equal asset division.

Question

Why is it important to consult a family solicitor?

Answer

Property division divorce is a legally complex and often contentious process. Mistakes or an incorrect strategy may result in significant financial losses. Legal support helps to:

  1. correctly identify marital property and separate property;
  2. ensure objective valuation of assets;
  3. protect rights to real estate, pensions, and business assets;
  4. avoid lengthy and costly court proceedings.

Services Provided by the Legal Service “Consultant”:

Legal consultations on property division divorce;

Analysis and valuation of marital property and separate property;

Support during negotiations and mediation in divorce;

Preparation of documents for court proceedings;

Representation of clients before the courts of England and Wales;

Protection of rights to pensions, business assets, and financial resources.

Conclusion 


Property division upon divorce should not turn into a prolonged and exhausting conflict. A professional family solicitor will help you avoid mistakes, protect your financial interests, and achieve a fair outcome. By contacting Consultant, you receive reliable legal support, save time and stress, and secure your financial stability.

 

 

 

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