You’re likely wondering if the court will ever order something other than a 50/50 division. Maybe you brought significant wealth into the marriage, expect to be the main carer for your children, or believe your circumstances justify a larger share. Here’s what you need to know about how the courts in England and Wales approach unequal asset splits—and what you can do if you think a 70/30 split is right for your case.
Why Would Someone Want a 70/30 Split?
People often seek a 70/30 split because:
They owned substantial assets before marriage and want to protect them.
They expect to be the primary carer for children and need more to provide a stable home.
They believe their financial or non-financial contributions were much greater.
The marriage was short, and they want to retain what they brought in.
There are health issues, disabilities, or future needs that require extra security.
They think the other party’s conduct should affect the outcome (though this is rare).
How Do Courts Decide on Asset Splits?
The starting point for the court is usually equality, but this is not a rule. The Matrimonial Causes Act 1973, Section 25, sets out the factors the court must consider:
The welfare and needs of any children (this is the first consideration).
The financial needs, obligations, and responsibilities of each party.
The standard of living during the marriage.
The age of each party and the duration of the marriage.
Any physical or mental disability.
The contributions (financial and non-financial) each party has made or is likely to make.
The conduct of each party, if it would be inequitable to disregard it (only in exceptional cases).
The value of any benefit lost by reason of the divorce.
The court will look at all the circumstances, with the aim of achieving fairness.
When Do Unequal Splits Happen?
A 70/30 split is unusual, but not impossible. Some scenarios where the court may depart from equality include:
Short Marriages: If the marriage was brief and there are no children, the court may allow each party to keep what they brought in, especially if assets were kept separate.
Pre-Marital and Non-Matrimonial Assets: Assets acquired before marriage, inheritances, or gifts may be excluded from the “matrimonial pot” if they were not mingled with joint assets.
Overwhelming Needs: If one party will be the sole carer for several children, or has significant health needs, the court may award a larger share to meet those needs.
Significant Contributions: In rare cases, if one party’s contributions (financial or otherwise) are exceptional, this may justify a departure from equality.
Conduct: Only in cases of “obvious and gross” conduct (such as fraud or serious financial misconduct) will the court consider this as a reason to adjust the split.
Recent case law (see Standish v Standish [2024] EWCA Civ 567) confirms that the sharing principle applies mainly to assets generated during the marriage, and non-matrimonial property is only included in the sharing principle in limited circumstances.
What Evidence Do You Need for a 70/30 Split?
If you believe a 70/30 split is justified, you’ll need to provide clear evidence:
Asset schedules showing what was owned before marriage, what was acquired during, and what is non-matrimonial.
Proof of contributions (e.g., inheritance statements, business records, evidence of homemaking or childcare).
Detailed needs assessments, especially if you are the main carer for children or have health issues.
Any relevant evidence of conduct, though this is rarely decisive.
Practical Steps for Self-Representing Parties
Prepare a Full Asset Schedule: List all assets, when and how they were acquired, and whether they were kept separate.
Gather Evidence: Collect documents showing pre-marital ownership, inheritances, or gifts.
Assess Needs: Prepare a budget showing your needs and those of any children, including housing, education, and care costs.
Consider Negotiation: If you and your ex can agree on an unequal split, you can submit a consent order to the court. The judge will only approve it if it’s fair and in the children’s best interests.
Be Realistic: The court will only depart from equality if there is clear justification. Most cases start from 50/50, and the burden is on you to show why a different split is fair.
Risks and Realities
The court is cautious about unequal splits. You must show why your case is different.
Once a financial order is made, it’s extremely difficult to change unless there is new evidence or a significant change in circumstances.
If you agree a 70/30 split by consent, the court will still scrutinise it to ensure it’s fair.
Examples and Case Law
In Standish v Standish [2024] EWCA Civ 567, the court discussed when non-matrimonial assets can be included in the sharing principle, and emphasised that fairness is the key test.
In other cases, the court has awarded a larger share to the primary carer of children, or where one party’s needs were overwhelming.
Conclusion
A 70/30 asset split in divorce is possible, but only in specific circumstances. The court’s main concern is fairness, with the needs of children as the top priority. If you believe you deserve more than half, be prepared to provide clear evidence and a strong justification. Take your time, document everything, and remember: the outcome will depend on your unique circumstances and the evidence you submit to the court.
Disclaimer: This article is for informational purposes only and does not constitute legal, financial, or tax advice. Outcomes may vary depending on individual circumstances and the evidence submitted to the court.
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