Monday 5th January 2026 was “Divorce Day in the UK.
Misinformation is one of the key things that can make divorce seem much harder, so we thought we would tackle some of the common myths – and debunk them by explaining what really happens in England and Wales.
Myth 1: “Our assets will always be split 50/50”
Not necessarily. While equality is often the starting point when dividing assets, this does not always mean a straight 50/50 split of everything. Every case is different, and the final division will depend on a range of factors such as how long you were together both before and after you married, how complex your financial situation is, who needs what and children’s needs and whether or not you can both agree on a financial settlement.
If both parties agree and have full details of all the assets, assets can be divided in whatever way is considered fair – for example, 80/20, 70/30, or another arrangement entirely. It all depends on your unique set of circumstances. Where agreement cannot be reached, we can help negotiate a settlement through discussions or mediation.
Myth 2: “Divorce always ends up in Court which is too expensive”
Relating to Myth 1, where couples are unsuccessful in reaching an agreement on how assets are split, or finances are particularly complex, the Court can decide how assets should be divided. While most cases do not end up in Court, the consequences depend on couples reaching that agreement as amicably as possible – so keeping communications open is the best way to move forward if you can.
Myth 3: “I’m automatically entitled to half of everything”
Again, linked to Myth 1, fairness, not strict equality, is the key principle – and that is why assets may not be split 50/50.
The aim of financial settlements is to achieve a fair outcome, not simply to divide everything down the middle. If your finances are complicated, you own a business, or you brought significant assets into the marriage or civil partnership, a 50/50 split may not be appropriate or fair.
What you are entitled to will depend on your individual circumstances, what all family members need to make their life work and what can be negotiated and agreed upon. It is really good practice for you to record the agreements you make and to be effective for the future, any agreement reached must be formalised through a consent order, which makes it legally binding. The team at Downs can guide you through this process.
Myth 4: “Maintenance is always calculated using a fixed formula”
While there are two types of maintenance – spousal and child maintenance – it is only the latter that follows a set calculations
Contact Carol Christofi
