How Are Assets Split In Divorce?

A Fair Settlement

The Court’s obligation is to impose a fair settlement upon the spouses in the event of a divorce.

It also needs to take into account, and in fact this is its primary obligation, the interests of the children when deciding who should have what from the divorce.

There are 8 primary factors to be taken into account as follows:

1. The financial resources of each of the parties to the marriage.
2. The financial needs, obligations and responsibilities of each of the parties to the marriage.
3. The standard of living of the family before the breakdown of the marriage.
4. The ages of the parties to the marriage and the duration of the marriage.
5. Any physical or mental disability of either one of the parties to the marriage.
6. The contributions which each of the parties has made or is likely to make to the welfare of the family.
7. The conduct of each of the parties if that conduct is such that it would in the opinion of the court be wrong to disregard it.
8. The value of each of the parties to the marriage of any benefit which by reason of the divorce, that party will lose the chance of acquiring e.g. a spouses pension.

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