Getting a divorce is fairly straightforward. It is the issues like agreeing a financial settlement, dividing property and matters involving children which can take time to sort out. This is why it is important to take qualified legal advice on your divorce rights from someone specialising in family and divorce law, at an early stage. Contact us on 0800 321 3832 or complete our online form for a free 30-minute initial chat with one of our expert lawyers.
What are my rights in a divorce?
Married couples have certain divorce rights in law but the specifics of a case will need to be examined by an experienced family lawyer to assess any claims or liabilities if an amicable agreement cannot be reached.
These are some of the common divorce rights in the UK which may come into question during separation or divorce.
Divorce and property rights
Your divorce and property rights will depend on how the property is owned and whether it is in joint names. It can also be affected by any prenuptial or co-habiting agreement drawn up when you first acquired the property. Basically, if you are married you have a right of occupation. Whether or not your name is on the deeds, you have the right to live there and not to be excluded, for instance by the other party changing the locks.
If you are married and have children living with you, you may be able to secure the right to live in the property until the children have left school.
In any situation, if your partner is trying to force you out of the house you should take legal advice straight away. Call Woolley & Co on 0800 321 3832 or complete our online form.
Financial settlements
There are no hard and fast rules regarding your financial rights after divorce or how a divorce settlement will be calculated.
If you are better equipped to “re-generate” your finances than the other party, you may well receive less than they do. It can appear that you are losing out because you have worked hard, but this is the way a court is likely to deal with things.
There will often be a range of possible solutions to dividing the assets, and it is important that you explain fully to your lawyer your own preferences within that range. It may be that you can come to an amicable agreement with your partner. If you can’t agree however you have the right to invite the court to decide on a division of the assets with your partner.
Your lawyer will guide you through the factors that the court may take into account, such as the age of the parties, the length of the relationship, jointly and individually held assets (including property), your income and pension provisions. Sorting out these arrangements with your former partner outside the bounds of the court will save time, money and additional heartache.
If there are children from the relationship, generally speaking, the court will give priority to whoever is caring for them, and will try to address the reasonable needs of the parties for things like housing.
It can sometimes seem as though a husband’s divorce rights are worse than a wife’s rights in a divorce. A married couple’s divorce rights will often be influenced by who the children live with, who earns less, and who has a lower mortgage capacity and less pension provision than the other partner.
Take a look at our team to find a financial settlement lawyer who is right for you.
The rights of children
The law is very clearly based upon the rights of the children, rather than the divorce rights of the parents. In broad terms, it is considered to be their right to have a relationship with both parents.
If you were married, you will have parental responsibility for the children and this will give you the right to access information and make decisions on their behalf, for example about their health and education.
If the couple are not married, only the mother has automatic parental responsibility in all cases. Full details on this important issue are covered in the Parents Rights Section.
It is often perceived that fathers do not really have any rights after divorce and it can be very difficult sometimes for the courts to intervene in an effective way if the parent with whom the child is living is determined to resist there being any contact.
But the courts can and do take steps, such as changing residence arrangements. They can even send a disobedient parent with care to prison if they wilfully and repeatedly ignore an order of the Court.
How has the new “no-fault” divorce law affected the divorce process and my rights?
The introduction of the Divorce, Dissolution and Separation Act 2020 in April 2022 brought in “no-fault” divorce in England and Wales, significantly simplifying the divorce process. Previously, one spouse had to prove “fault” (such as adultery, unreasonable behaviour, or desertion) or wait years to divorce. Under the new law, couples can simply state that the marriage has irretrievably broken down without assigning blame. This change has reduced conflict, made proceedings less acrimonious, and allows couples to jointly apply for divorce, which can encourage a more cooperative approach.
Your legal rights during divorce — such as rights to financial settlements, property division, and child arrangements — remain unchanged by the no-fault system. The reform affects only the legal process of ending the marriage, not the outcome of financial or childcare matters. So, while it is now easier and quicker to obtain a divorce, you still have the same rights and obligations regarding assets, pensions, maintenance, and parental responsibility as before. The court continues to consider fairness, the welfare of any children, and individual circumstances when making orders.
Do mothers and fathers have the same rights regarding children and finances in a divorce?
Under England and Welsh law, mothers and fathers generally have the same rights and responsibilities in relation to their children following divorce. Both parents who have parental responsibility are expected to remain involved in their children’s lives. The courts do not favour one parent over the other based on gender; instead, they focus on the welfare of the child as the paramount consideration. Parenting arrangements (such as where the child lives and how much time they spend with each parent) are decided on the child’s best interests, considering factors like emotional needs, stability, and the ability of each parent to meet those needs.
Financially, the law also treats mothers and fathers equally in principle. Either spouse can be required to pay spousal maintenance or child maintenance, depending on who earns more and who is the primary carer of the children. Property and assets are divided according to fairness and need, rather than gender, with the court aiming for a clean break where possible. What matters is each party’s income, earning capacity, and contributions (financial or otherwise) during the marriage.
How does the duration of my marriage affect my financial rights?
The length of the marriage is an important factor in how the court decides financial settlements during a divorce. In longer marriages, especially those over a decade, the court is more likely to treat assets as joint and to divide them more equally, recognising both spouses’ contributions. The rationale is that in long marriages, the couple’s finances are usually fully merged, and both partners have relied on each other’s roles (whether earning or homemaking).
In shorter marriages, the court may distinguish more between matrimonial assets (built up during the marriage) and non-matrimonial assets (owned before the marriage or acquired separately). There is less likelihood of an equal split unless there are children or other special circumstances. That said, even in short marriages, the court can still award financial provision if one spouse is in greater need, such as to ensure suitable housing or to meet immediate living expenses.
What are my rights if I am a stay-at-home parent during a divorce?
If you have been a stay-at-home parent, the court recognises your non-financial contributions as equally valuable to financial ones. Homemaking, childcare, and supporting your partner’s career are considered vital contributions to the marriage. This means you are not disadvantaged simply because you didn’t earn an income. The court can award spousal maintenance, a greater share of the family home, or other financial provision to ensure your reasonable needs are met and to allow you time to adjust or retrain for work.
You also remain entitled to child maintenance from the other parent if the children live primarily with you. The court aims to achieve a fair outcome that enables both parties to become financially independent over time, but it takes into account your childcare responsibilities and the practical difficulties of returning to work immediately. The law seeks to ensure that you and your children have adequate housing and support following the divorce, even if you have been out of paid employment for some time.
Need further advice on your divorce rights?
Contact Woolley & Co on 0800 321 3832 or book a free initial appointment with one of our lawyers.
