Women’s Divorce Rights
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What Women Need to Know About Divorce
Divorce can have significant consequences for women, particularly if they are not the family’s primary breadwinner. Knowing your rights is the best way to make sure you’re not left at a disadvantage when it comes to starting over
Despite women making strides in the workplace, men are still the primary breadwinners in roughly three out of four married, heterosexual couples. If this is your situation, you must think carefully about how you will support yourself financially after your divorce. Research shows that divorced men often leave the marriage with far greater pension and savings wealth than divorced women, and many women are not using the legal processes available to secure a fair settlement.
With good legal advice, you’re more likely to come out of the marriage on steady financial ground.
Even if you’re financially secure on your own, divorce can still change your money situation and it’s important to be aware of that. The law seeks to reach a fair outcome for both partners, and applies equally to both heterosexual and same‑sex marriages.
The divorce process step-by-step
The divorce process became simpler in 2022 with the introduction of no fault divorce. Under the new rules, you don’t have to prove your husband did anything wrong or assign blame, which takes a lot of bitterness out of the process.
The process itself has four main stages:
- Apply for divorce: You can do this alone (a sole application) or together with your spouse (a joint application).
- Court issues the application: Once you’ve applied, the Court reviews and issues your papers. You enter into a 20-week reflection period which is intended to give you time to think about whether you really want a divorce, and start making financial and child arrangements.
- Conditional Order: After 20 weeks, you become eligible to request a Conditional Order (previously called a Decree Nisi).
- Final Order: Six weeks after your Conditional Order comes through, you can apply for the Final Order (previously called a Decree Absolute). When this is approved, your marriage is officially ended.
The financial arrangements are dealt with separately to the divorce itself. However, it is usually best to sort both at the same time. If you get a Final Order before a financial settlement has been agreed, you may lose certain rights, such as claims against your ex‑spouse’s pension or inheritance.
Child arrangements after divorce
When parents separate, one of the biggest concerns is where the children will live and how their time will be shared. This used to be known as child custody, but now it’s called child arrangements.
In most cases, it’s better for children to have a meaningful relationship with both parents. That doesn’t necessarily mean a perfect 50/50 split of their time, but it does mean that, unless there’s a clear reason otherwise, children are usually better off spending time with each parent. The options are really flexible and you can work out an arrangement that fits best with your children’s needs and routine.
The ideal outcome is for parents to agree child arrangements between themselves. This tends to reduce conflict and makes things easier for the children. If discussions are difficult, a solicitor or mediator can step in to help you reach common ground. Even if the relationship with your ex feels too strained for co‑parenting to work, shared‑care approaches like parallel parenting can still give your children time with both parents while keeping conflict to a minimum.
If no agreement can be reached, you can ask the court to decide what is best for the child. Our specialist family law team gives compassionate advice to mothers in this situation. We’ll help you develop a workable parenting plan and stand by your side in court if this becomes necessary.
What assets are women entitled to?
Many people believe everything is split 50/50 in divorce. While this is the starting point, the final division can look quite different. A court will look at a range of factors when deciding what is a fair division of assets, including:
- Ages of both spouses
- Length of the marriage
- Current and future earning potential
- Needs of any children
- Contributions each of you made, whether financial or in the home
- Standard of living you enjoyed during the marriage
- Value of your assets and pensions
To reach a fair settlement, both spouses must provide full financial disclosure on Form E, so it’s clear what each of you has. If someone tries to hide assets, the court can take this very seriously and it may affect the outcome.
In England and Wales, contributions made at home are not seen as less valuable than financial ones. Courts recognise that raising children, running the household and supporting a partner’s career are vital roles that enable the family as a whole to function. A long period spent as a full‑time homemaker is therefore treated as an equal contribution to going out and earning an income.
Will I receive spousal and child maintenance?
Spousal maintenance is not automatic in a divorce. The court will only order it if one spouse cannot meet their needs without support and the other has the means to pay. Payments are often time‑limited to help the receiving spouse get back on their feet and become financially independent, rather than rely on ongoing support.
Whether you receive child maintenance depends on the living arrangements for the children. It’s not payable if the children split their time equally between both parents’ homes. If the children live primarily with one parent, then the other will usually pay child maintenance. The amount is worked out using a statutory formula based mainly on their income and how many nights the children stay with them.
Who stays in the family home?
There is no default assumption about who will stay in the family home. The home is an asset like any other, and its value is rolled into the pot that gets shared out in the divorce.
That said, if the mother is the primary caregiver, then it often makes sense for her to stay in the property to avoid uprooting the children, at least until they finish their education. Mesher Orders are a relatively common arrangement where the sale of the family home is delayed until the children grow up.
If you have experienced domestic abuse during the marriage, you can ask the court to order your spouse to leave the family home. Moving out doesn’t impact anyone’s ownership or share of the property — the assets will still be divided fairly when the time comes.
How to reach an agreement
If you and your partner are on good enough terms, it’s strongly recommended to agree as much as you can between yourselves. Once you have reached an understanding on your finances, your solicitor can put this into writing and have it approved by the court in what’s called a Consent Order. This makes the agreement legally binding.
If reaching an agreement proves difficult, lawyers or mediators can help you negotiate. The majority of financial settlements are resolved in this way without ever needing to go to court. However, if you just cannot agree, you can apply to the family court for a Financial Remedy Order. A judge will work out a fair division of finances that meets both parties’ needs, with priority always given to the wellbeing of any children.
How should women plan for a divorce?
Speak to a solicitor
Before doing anything else, it’s really important to get advice from a family lawyer. A good solicitor will explain your options and guide you calmly through each step. This is especially important if you don’t feel safe in your marriage, or if you’re worried your husband might try to hide assets.
Review your prenuptial agreement (if you have one)
If you have a prenuptial agreement it’s important to go through it with your lawyer to see how it applies to your situation now. Not all prenups are watertight, but they can still have a big impact on how things are divided.
Explain the situation to your children
Breaking the news to children can result in mixed reactions. Some kids may be shocked and upset, while others might feel relieved if they’ve been aware of tension at home. Either way, it helps to plan the conversation and be honest but reassuring, keeping the child’s feelings at the centre of the discussion.
Be willing to work with your ex
Even if you know divorce is the right choice, working together with your ex can help make the divorce process, and your post-divorce life, much easier. The last thing you want is years of drawn-out court battles or a hellish start to your co‑parenting.
Take control and protect your future
The family law team at Osbornes Law supports women with clear advice and practical solutions for achieving the fairest separation possible. We handle every aspect of divorce, providing sound and compassionate solutions for parenting, child maintenance, financial settlements, property, pension sharing, and more, preferably without going to court. Call us to discuss your situation in more detail and we can guide you on your next best step.
Get expert advice on divorce for women
If you’re thinking about divorce, it really helps to have a good family lawyer by your side. Our expert divorce lawyers will make sure your rights, and your children’s, are protected and we typically save you money in the long run.
To speak with one of our divorce lawyers, contact us by:
- Filling in our online enquiry form; or
- Calling us on 020 7485 8811
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“Osbornes handle a significant amount of complex, high-value divorce work.”
“The family law team at Osbornes is one of the strongest in London; across all areas of work from international cases, financial and children work, Osbornes is a market leader.”
Accreditations
Claire has client care skills in spades and she is understanding and empathetic whilst keeping a focus on the right strategy.
Claire Andrews is one of the best of the younger crop of partners in London.
Lisa's substantial insight into financial disputes involving high-net-worth individuals is where her skills lie.
Yael Selig is bilingual in Spanish and English. She is the go-to person for divorce cases involving Gibraltar particularly, or Spain.
Lisa pepper heads the Mediation team and she is often mediating for high-net-worth individuals in both financial and private children matters.
Lisa Pepper – one of the best mediators around, whose very reasonable rates don’t reflect her excellent client base
Lisa Pepper is a great go-to solicitor for anyone wanting quick and appropriate advice
Lisa Pepper at Osbornes is hugely approachable. She is calm, clients always praise her. Underneath her calm and approachable exterior is an excellent legal brain
I am confident that Lisa will do her utmost to try and settle matters so that both parties walk away feeling satisfied that they have managed to reach a fair outcome with the assistance of a professional mediator.
Lisa Pepper is robust, competent and knowledgeable and is always keen to try and help parties settle without intervention of the court.
Lisa Pepper is an outstanding mediator. She gets results in very difficult cases. She works extremely hard to get a good outcome for clients who mediate with her
Lisa Pepper- she has a great combination of skills. She is empathetic, approachable and calm, and has good legal judgment. She inspires confidence and trust
Lisa Pepper is particularly recognised for her role as a mediator in complex cross-border disputes. Her practice also includes handling prenuptial agreements and issues arising from divorces. She is additionally skilled in Schedule 1 and other child arrangement matters.
Mark Freedman frequently takes on high-value financial and children proceedings that involve complex tax, trust and accounting issues.
"Lisa Pepper is good at making herself available to clients and has a real focus on finding pragmatic solutions."
"Lisa Pepper is a complete all rounder. Her mediation skills are second to none. She is kind and compassionate and knows the law inside out!."
"Lisa Pepper is ‘compassionate, supportive and committed to hear clients, with a very warm manner."
"Lisa Pepper is fantastic. She goes the extra mile for her clients and is a superb mediator."
"Osbornes has a hugely experienced mediation team with Andrew Watson, Bridget Thompson and Lisa Pepper who are able to offer financial and children mediation for a range of cases including those that are highly complex involving challenging clients."
"Andrew Watson is respected and tenacious in matrimonial finance. You would want him on your team."
"Lisa Pepper is fantastic with people and generates calm in her meetings to help clients give of their best."
"David Leadercrammer is such an experienced wonderful lawyer who you would want on the other side of your case. He’s sensible, pragmatic and hugely experienced in money and children cases."
I can’t think of anyone who would handle a mediation better than Lisa.
Lisa Pepper is extremely hard-working and adored by her clients. She is a very empathetic and approachable lawyer.
Andrew secured me the best financial settlement for my claim. He is a credit to Osbornes Solicitors.
"Lisa Pepper was recommended to me as non-nonsense and able to help me with a difficult and confrontational divorce. She more than lived up to that – she was practical, collected and always available with a clear opinion and suggestions of how to move forwards. She also was open and helpful about costs and how to mitigate them"
"Mark Freedman is a very capable lawyer, renowned for not being a pushover and pushing his clients’ cases as much as he can, but will always talk sensibly about settlement. He is among the best – tenacious, good judgment and tactically aware."
"Mark Freedman is a dynamic and highly experienced family lawyer who fights extremely hard for his clients and is always in their corner, thus ensuring their loyalty and confidence. In a trial you would always want him on your side."
"Lisa Pepper is an outstanding mediator. She is very skilled and has an empathetic and professional approach which is comforting for clients. She never imposes her own view but is even handed and provides helpful guidance to clients so that they can make empowered decisions"
"Lisa Pepper has built up a very impressive mediation practice. She is very engaging and easy to relate to. She embodies mediation in the sense that she approaches her case in a very non-judgmental fashion and can quickly gain the confidence of those with whom she is mediating"
"Lisa Pepper is a brilliant mediator who produces results. She is effective at resolving matters without the need for the parties to engage in expensive and protracted litigation"
"Lisa Pepper is a fantastic mediator. She is fair, robust when she needs to be, and finds a way of facilitating agreements in the hardest of cases. Her guidance is spot on. She has an approachable and constructive mediation style"
"She has impressed me as someone who fights my corner but also understands the importance of resolving issues without unnecessary escalation. She is calm and reassuring."
"Her mediation practice is exceptional; she is also a great solicitor and has a breadth of skill which is really useful."
"He is really experienced and wise. He has a lovely manner about him and clients feel safe with him."
"Jo Wescott is top notch and widely recognised as a rising star throughout the profession. She brings a winning combination of great judgement, an immense work ethic, and a relaxed and charming way with opponents and clients alike. Someone you want on your side”
Lisa Pepper is extremely approachable and this shines through in the outcomes she achieves from mediation. She makes clients feel at ease, which enables them to feel empowered to resolve matters amicably and find a creative outcome which many mediators may have overlooked.
Lisa Pepper is building a very strong mediation practice at very competitive rates and is able to build a rapport quickly with almost anyone.
Lisa Pepper loves her work and has a very sensible head on her. That means her practice is thriving and rightly so.
Lisa Pepper is very thorough in her preparation and has super personal skills to put parties in mediation at ease
Lisa Pepper – good litigator, very friendly and approachable but tough, “straight bat” with the opposition. Can steer a client deftly to settle when he should.
"Osbornes is pre-eminent for family law in North London. Mark Freedman is a real rainmaker. He is an excellent lawyer and has a top-notch practice"
Mark Freedman is intelligent and personable and has a good selection of high-net work cases.
"Exceptional value for money. Highly competent and reasonably priced. Mark Freedman: one of the best in the field."
"Client-focused. Ready to fight the clients’ corner, but also ready where possible to steer client from unnecessary dispute. Mark Freedman – very experienced, with good instinct for the eventual result. Clients love him and he thinks ahead and directs the client to the best result for the client."
Mark Freedman is a serious player. A fearless family law litigator, who protects his clients’ interests passionately.
Breadth of knowledge and willingness to go the extra mile is what makes it stand out. Mark Freedman – devoted to his clients
Lisa Pepper is particularly recognised for her role as a mediator in complex cross-border disputes. Her practice also includes handling prenuptial agreements and issues arising from the dissolution of civil partnerships.
Mark Freedman frequently takes on high-value financial and children proceedings that involve complex tax, trust and accounting issues. Sources praise the "tenacity and common sense" he brings to challenging disputes.
"Mark is very experienced, competent, good with clients and takes a sensible approach to cases. He knows exactly what he's doing."
"Lisa Pepper is "caring and considerate of the issues behind a matter, and will speak directly if she feels clients need that advice."
"The very personable and client-focused Lisa Pepper."
"Lisa Pepper somehow manages to get parties to settle on matters where there isn’t much hope to start out with."
"Lisa can handle the large and complicated cases but takes equal care with the smaller cases. She is a highly skilled mediator who is a consummate professional."
"An exceptional outfit. They take on difficult cases, fight hard and win."
"The team frequently deals with cross-border estates for high–net-worth individuals."
"Mark Freedman is a real heavyweight litigator who has dealt with some very significant cases."
"Mark Freedman boxes clever, keeps his powder dry and when it comes to the end game he negotiates a really good deal."
"Mark Freedman has a specific focus on high-net-worth divorces and finance cases where there are overseas assets and trusts."
"Well-regarded family practice assisting clients with substantial matrimonial disputes and sensitive children proceedings."
"Mark Freedman draws acclaim for his work in high net worth divorce cases, including those involving company structures, family trusts and overseas assets."
"He never gives up. He fights for you to the end and has boundless energy."
Lisa Pepper is a skilled collaborative lawyer. Her instinct is always to resolve matters without compromising her clients’ interests.
Lisa Pepper is always looking for a solution and has a very sympathetic approach to clients. She is highly regarded for her collaborative law practice.
Mark Freedman advises high-net-worth clients and knows his stuff.
Highly regarded for his experience as a litigation and mediation expertise, Mark Freedman is tenacious and determined. Clients really feel that he is fighting their corner.
Andrew handled a very complex, 3 year legal battle for me, with a tremendous amount of patience and professionalism. He is very approachable, always kept me up to date, by phone and e-mail, and responded very quickly to my queries with excellent advice, sound strategic thinking and strong letters to put the other side under pressure. With top contacts for barristers, joint experts and mediation.
Lisa Pepper deals with separation proceedings and leave to remove cases. Sources describe her as "a great person to work with: constructive, helpful and always infectiously happy.
[The Family Law department] handles significant matrimonial finance cases and complex nuptial agreements. Respected for its expertise in cross-border children law matters.
Mark Freedman represents high net worth clients in complex financial disputes. Sources say that "he's a determined negotiator who'll always do the very best for his clients.
"Mark Freedman receives a lot of instructions from clients based abroad, often relating to complex divorce proceedings. Sources say: “His main strengths are his enthusiastic passion for the job in hand and his total dedication to his clients.”
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