Once divorce proceedings are underway, one of the first questions asked often is “who gets the house?”
There is no one-size fits all approach to such a question – every family’s situation is different and family finances can be complex.
Courts face a difficult task when it comes to financial settlements and ancillary relief applications.
It’s impossible to set out what a court might order in any individual case, but we do know some of the key criteria that are taken into account:
You can read more about these in Article 27 of the Matrimonial Causes Order.
At the forefront of the Court’s mind throughout the proceedings will be the welfare of any children of the marriage.
The Court will also try to ensure that everyones’ financial needs are met insofar as possible, and the default starting point is usually a 50/50 split in assets between spouses (though that split could change, depending on circumstances).
For example, in the case of a long marriage, the Court may feel it is fair to split all the couple’s assets.
But if the marriage was only short in duration, the Court may decide to only split assets that were acquired during the marriage itself.