If you have seen any movie or soap opera relating to divorce, then you could be forgiven for assuming that when a couple separates, the assets are divided 50/50.

But that is not the case;l and in the UK, many things may impact how any shared assets are divided, including areas such as prenuptial and postnuptial agreements, bankruptcy and child maintenance.

Divorce law is complex, and when it comes to separation, to have the best chance of getting what is rightfully yours, you must approach a legal team that specialises in divorce, such as our team at Prentice Family Law.

At Prentice Family Law, our divorce solicitors in Weybridge are always happy to support people who are undertaking a divorce or ending a civil partnership. We can advise you on each step of the process and represent you in meetings and hearings in court or with your former spouses’ legal team. Great!

But, as divorce law is complicated, most people will have queries about the division of assets, and in this article, our divorce solicitors in Weybridge break down some of the most common queries that we are asked.

If someone cheated, does that impact who gets what?

In general, no. The idea behind the division of assets in the UK is to ensure that it is fair and prioritise the well-being and maintenance of any children involved.

So, if you or your spouse committed adultery, or if there were other issues involved, such as domestic abuse, this will not be likely to impact who gets what. But if you have specific concerns relating to this, please talk to our divorce solicitors in Weybridge for more information.

When is a financial agreement needed in the divorce proceedings?

Ideally, you will want to agree to a financial arrangement before you legally begin the divorce proceedings; this is more important if children are involved and child maintenance is required.

But, if your separation is not amicable, you will likely require support when making these arrangements, so always be sure to have a member of our team defend you.

What if my ex refuses to pay child maintenance?

The good news is that you are not required to ensure that your ex-spouse maintains their child maintenance payments. But it is always best to seek legal help if they are not.

Be sure to contact our team at Prentice Family Law as well as the Child Maintenance Service, and we will work this issue out on your behalf; this will usually result in a financial order being drawn up and enforced.

Who pays for the legal fees?

You will be responsible for paying for your legal service, and your former spouse will be responsible for paying for theirs.

If you are applying for a divorce, in most cases, you will be responsible for covering the court fee, but our team can help you ensure that these fees are split equally, especially in the case of a no-fault separation.

Will my pension be affected?

Typically, as a pension is a marital asset, it will need to be divided just as the other assets are unless otherwise specified in a pre or post-nuptial agreement.