We are in agreement on the matrimonial finances but will the court agree?

17 February 2025

This is a common issue as many couples work out quite amicably what kind of split of the matrimonial finances they want but then worry that the court may not approve it.

The agreement reached needs to be written-up into a consent order and uploaded to the court portal with a statement of financial information (Form D81). A judge will then check both documents and if happy with the agreement will approve and seal the order. It is then enforceable.

One important consideration for the court is whether to apply the sharing principle or needs principle to the question of what is a fair split. Sharing is the starting point for the court when dealing with matrimonial assets and means an equal division of all the assets built up during the marriage, including the matrimonial home, savings and pensions. This comes from the view that the couple are equal parties in the marriage and therefore everything should be shared equally.

There may however be good reason for the court to depart from the sharing principle. A good reason for departing is based on the available matrimonial assets not being sufficient to meet the future housing and income needs of one party and any dependent children. The sharing principle and needs principle will produce different figures and the court’s view is to take the higher of the two figures.

When the judge is considering your needs attention will be paid to the factors set out in section 25 Matrimonial Causes Act 1973. The first consideration are the needs of any children, then factors such as the length of the marriage, age of the parties, income, earning capacity and even standard of living enjoyed during the marriage.

We can help advise you in negotiating a settlement and ensure that the consent order we submit on your behalf has greater chance of being approved by the court. If you would like to discuss this, then please contact me.