Welcome to your Essential Divorce Guide for England and Wales — a simple walkthrough of what really happens to your house, money, children, and even the dog when you separate.
Whether you’re married, living together, or co-parenting without ever tying the knot. This guide walks you through how the law in England and Wales actually works when couples separate.
We sat down with Frank Arndt, solicitor, qualified family law judge, and co-founder of Whatwouldajudgesay.com, to explain the four main legal paths couples face — and how a judge would likely approach each one.
This guide applies to England and Wales. If you live elsewhere, different rules may apply, so please check your local laws.
The Four Legal Routes to Sorting Out Money, Property and Children
Most couples fall into one of four categories when separating:
- Married
- Unmarried but have children
- Unmarried and jointly own a home
- Unmarried with both children and jointly owned property
Each path involves different legal rules. Let’s break them down simply.
1. Financial Remedy in Divorce: A Guide for England and Wales
When divorcing, the court can decide how to divide your assets fairly. Property, pensions, and income are all considered. Where children are involved, the court may also order child maintenance.
The financial remedy order covers:
- Property
- Pensions
- Savings and debts
- Income and earning capacity
- Spousal and child maintenance
Judges weigh up the length of the marriage, your financial positions, contributions (including unpaid care), and each person’s needs.
The goal is a fair split and, if possible, a clean break. It’s not about blame or who earned more.
2.Schedule 1 Financial Claims for Unmarried Parents
If you have children together but aren’t married, you can apply under Schedule 1 of the Children Act 1989 for financial support to meet the child’s needs.
This may include:
- Housing for the child (often until age 18)
- Lump sums (e.g. for education)
- Maintenance beyond CMS levels (if the other parent earns significantly more)
This is about the child’s needs — not the parents’ financial claims against each other.
3.TOLATA Explained: Property Rights for Unmarried Couples
Where you live together and bought a home but weren’t married, your case is dealt with under TOLATA — the Trusts of Land and Appointment of Trustees Act 1996. This is the law that specifically decides how property is split when you’re not married.
TOLATA helps resolve:
- Who owns the property
- What share each person holds
- Whether the property should be sold
❌ The court won’t divide furniture, bank accounts, pensions, or pets. It’s just about the property.
If you need help dividing the rest, we can refer you to experienced mediators.
4.If You’re Unmarried with Children and Own Property
Two legal routes apply here:
- Schedule 1 for the child’s financial needs
- TOLATA for property ownership
The court may:
- Allocate housing for the child and resident parent
- Determine ownership shares and what happens to the home
It’s common, but can be complex. We can help you understand which path applies to which part of your case.
What If You Received Inheritance or a Gift?
Many ask: “I paid the deposit with my inheritance — do I get that back?” or “My parents gifted us money — does that go back to me?”
The answer depends on:
- Whether it was a gift or loan
- Whether there was a written agreement
- How the property was owned and used
So without written evidence, the court may still start at 50/50. It is important to document contributions early to avoid future disputes.
Fault Doesn’t Matter in English Family Law
This divorce guide for England and Wales explains how judges approach fairness, not fault — especially under no-fault divorce law since 2022. Behaviour generally isn’t considered in court decisions.
- Financial remedy focuses on needs and fairness
- Schedule 1 is only about the child
- TOLATA looks at contributions and ownership
⚖️ Judges aim to settle matters fairly, not punish people for past behaviour.
Sorting Out the Children: Legal Tools That Help
Several options exist to help parents agree arrangements:
- Child Arrangements Orders (via court)
- Mediation (independent and non-adversarial)
- Parenting Plans (informal agreements)
- Collaborative Law
This means that the child’s best interests are always the priority. We also have excellent resources on our homepage that can help you understand all of these options and what might work best in your situation.
What About the Dog?
Yes — couples often dispute over pets. Legally, they’re considered property, but emotionally they’re family.
TV presenter Ant McPartlin and his ex-wife Lisa Armstrong shared custody of their Labrador, Hurley, after divorce.
🐾 Courts don’t make pet custody orders, but judges may take private agreements into account.
Is Everything Split 50/50?
The starting point is often 50/50 — especially in long marriages or jointly owned property. Judges look at several factors when deciding a fair split, including:
– What each person needs financially
– Each party’s contributions to the family and household
– Any documentation that supports unequal division
This means that 50/50 is a starting point — not a guarantee.
How We Can Help
Use our divorce guide England and Wales to confidently understand your legal path, prepare your case, and take control of your separation journey. Our team offers fast, fixed-fee written assessments from senior family law experts to help you:
- Understand whether your issue falls under financial remedy, Schedule 1, or TOLATA
- Get a clear, early view of how a judge would likely interpret your case
You’ll get support with:
- Financial remedy after divorce
- Property ownership disputes (TOLATA)
- Schedule 1 claims involving children’s financial needs
We aim to make divorce less daunting by providing insights into the above likely outcomes from a judge’s perspective.
Start by using our contact form we can help you prepare and organise all your information securely in one place. We also guide you through the financial disclosure process, ensuring your unique situation is clearly presented.
Visit us to find out where you stand — and what a judge would (really) say. Feel free to give us a call on +44 (0)20 3951 0212 or email hello@whatwouldajudgesay.com to share your unique situation.