The Times interviews Sarah Jane Boon on whether assets should always be divided equally in a divorce

There is often a spike in enquiries to divorce solicitors on the first working Monday of the year, which has come to be known as 'Divorce Day'. 

Dividing up the assets is often the hardest part of relationship breakdown, and in light of Divorce Day arriving this week, The Times interviews two solicitors, including Sarah Jane Boon, a Partner in our family team, on whether assets should always be split equally in a divorce.

Answering with 'Yes', Sarah Jane explains:

The starting point on divorce in England and Wales is that couples are entitled to share equally in the assets built up during their marriage, regardless of who generated those assets or in whose name they are held. This equal sharing principle derives from the basic concept that spouses are equal partners in a marriage and that they should share the “fruits of their partnership” equally.

It is right, and fair, that the law endorses the equal sharing of the wealth built up during the marriage, otherwise the financially weaker spouse would suffer a penalty that devalues their status as an equal partner. Irrespective of age or gender, it is the reality of most couples’ married lives that one party is in a stronger financial position, if not upon entering the marriage, then as the marriage progresses.

Any inequality in financial status can widen if one spouse takes time away from working to raise children or due to ill-health. The equal sharing principle means that there is no discrimination between financial and nonfinancial contributions to the partnership.

Read Sarah Jane's comments, and the whole article, in full here (subscription required).