News Article

Does everything get split equally on divorce?

Does everything get split equally on divorce? A settlement of assets you own when there is a divorce can be agreed or can be decided by a judge in court. A recent case in the Court of Appeal has caused pulses to race amongst divorce commentators in the legal press to the effect that the court had approved an unequal division. With due respect, this is to take the general conclusion from the particular instance. The court, fundamentally, decides each case according to the circumstances of the marriage and if called upon to decide has a broad discretion with an overriding duty to decide fairly. In the particular case Hart v Hart 2017 the appealed decision was from a judge who has literally written the book on the subject. The Court of Appeal, perhaps unsurprisingly, decided that experienced lawyer had the right to make the discretionary decision he did to split the assets unequally because the business of the husband was created before the marriage. Be wary of assuming your case is the same. This instance was valued at several million and it is usually the play thing of lawyers in high value cases to argue at high cost about the status of assets as marital or non marital. In less monied cases the court has to take account of needs usually before it can start to worry about equal sharing of the assets. Does everything get split equally on divorce? It depends.

Cheshire divorce solicitors Stonehewer Moss has over 25 years experience of money disputes on divorce and read Hart to emphasise the need for proportionality. Findings of fact, possibly aided by expert valuations, may be a wild goose chase if the needs of the couple cannot fairly be distributed by a penny splitting spreadsheet approach. The court clearly took the view that discretion and flexibility is key to the role of the court if settlement cannot be negotiated away from court. What the court considers relevant should be tested long before the final hearing takes place; justice has broad horizons according to this decision. Beware you are not racing towards a black hole.

For advice negotiation and representation in divorce finance cases in Cheshire please call 01606872200 e mail visit


Watch our videos

For more information about how we can help you with your claim, call us on 01606 87 22 00, or email us at

The Personal Injury Team

Our team are dedicated to achiving the best possible outcome for our clients. Read more here

Dominic Moss

Senior Partner

Dominic Moss Personal Injury Solicitor 87 22 00

Sarah Allison

Partner 87 22 00

Thomas Owen


Tom Owen Personal Injury Lawyer 87 22 00

Julie Capper

Office Administrator 87 22 00

What our clients say about us

Rate Stonehewermoss Solicitors

Stonehewer Moss Solicitors, Citadel House, Solvay Road, Northwich, Cheshire, CW8 4DP

Solicitors in Northwich covering Chester, Crewe, Knutsford, Macclesfield, Middlewich, Northwich, Runcorn, Sandbach, Warrington, Winsford, and across Cheshire.

Stonehewer Moss Solicitors is a trading style of the Stonehewer Moss Limited, Registered in England No. 542 6583 and PIPLaw
which is a firm of solicitors authorised and regulated by the the Solicitors Regulation Authority No. 471159

Contact Us

Contact Us

To get in touch simply fill out the short form below and we will reply very shortly, and definitely within 24 hours. The online enquiry form is completely safe and secure, and your details will not be available to anyone other than Stonehewer Moss Solicitors.

Contact Form

Get in touch today!

Complete the form below and we'll get back to you as soon as possible to help you with your enquiry. Your personal details are never shared or sold.

Alternatively, call us on 01606 87 22 00, or email us at

This website uses Cookies to improve your browsing experience and to help with our marketing. You can read more about removing Cookies here.

I'm fine with this