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Divorce Settlement Calculator

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This calculator is intended to produce a starting point for resolution of divorce and dissolution financial claims and to assist a settlement on capital aspects. 

This formula is based on the article Financial provision: a formula will do nicely!

The law in summary is essentially as follows. All assets acquired during the marriage (including assets acquired during pre-marital cohabitation as if married) are shared equally. In certain circumstances there may be an unequal division for fairness reasons, invariably to provide for the additional needs of one spouse, and in particular the primary carer for any children. All other assets, non-marital assets, are not shared at all unless, again, required for fairness reasons, invariably again to provide for the needs of one spouse. This calculator seeks to follow that pattern.

Sometimes nonmarital assets are mixed and mingled with marital assets and therefore become marital assets themselves and subject to the starting point of automatic equal division.  Sometimes nonmarital assets grow in value during a marriage, without any specific involvement of either spouse e.g. through market forces, and this passive growth may sometimes be treated as a marital asset.  Legal advice should be taken in these circumstances

Legal advice should always be taken.

 
 
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User Guide: All the figures should be of same currency or nearest converted value in one single currency.

The “simple equal division” figure is preliminary outcome of division of the marital assets. In some instances this may be a fair outcome and be the final settlement. However often “needs” post separation and divorce require either that the marital assets are not shared equally or that the non-marital assets are shared to provide for needs and/or s25 Matrimonial Causes Act 1973 factors. This can be accommodation needs including perhaps primary carer with children or other distinctive needs after separation. This might then be the possible claim for a needs-based settlement over and above equal sharing of marital assets.

If this is a negative figure e.g. -£20,000, automatic one half sharing of the marital acquired assets meets “needs” so any further redistribution will require a good “fairness” reasons.

Legal advice should be taken. See our Financial Remedies App, which sets this out now in much more detail.  

 

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