Here are answers to the most frequently asked questions about divorce in 2026
The breakdown of a relationship is never easy, and for most people it is a very emotional and confusing time, and even more so when children are involved. You are suddenly faced with a lot of unknowns and uncharted territory to navigate. It’s no surprise therefore that you will have a lot of unanswered questions.
It’s important to remember that you are not alone. Our highly experienced team of family lawyers in Devon and Somerset (led by Jen Law) has helped thousands of people just like you. They know the divorce process inside and out, and can provide you with the astute legal advice and compassionate guidance you need to help you through this difficult journey. With our team on your side we can achieve the best possible outcome, both for you and for any children you have.
To assist you, our team has prepared these useful answers the most frequently asked questions about divorce in 2026.
Financial Settlements in a Divorce FAQs
“How much am I entitled to if we get divorced?”
There is no fixed formula. While case law has established that the starting point is a 50/50 split of the assets acquired during a marriage, this is not absolute. The court’s primary duty under Section 25 of the Matrimonial Causes Act 1973 is to ensure a fair outcome based on the needs of both parties. There are a number of factors that the court must take into account, such as the length of the marriage, any significant contributions that have been made, and the age and health of the parties. the priority is to ensure that the housing and financial needs of any children and both spouses are met before deciding if an equal split is appropriate.
“I stayed home to raise our kids. What am I entitled to?”
Your role as a parent and homemaker is viewed as equal to the person who was going out to work and earning money. The court will look at each case individually. All the factors that are relevant will be taken into account, with the court seeking to meet the needs of the children in the first instance, and then the needs of both parties’ needs where possible.
“What is a ‘Clean Break’ order and do I need one?”
A Clean Break order severs financial ties between the parties. It means that neither of you can claim against the other’s future earnings, inheritances, or lottery wins. Without a Clean Break order your ex could potentially return to court to ask for more money, even many years after the divorce is finalised. We therefore usually recommend that you finalise financial ties at the time of the divorce so that you are protected for the future.
‘Can I reach a financial settlement without going to court?”
Yes, you can reach a financial settlement without going to court. Indeed, most couples agree finances outside court and then make it legally binding with a Consent Order.
Since April 2024, the Family Procedure Rules put much stronger emphasis on considering Non-Court Dispute Resolution (NCDR). This can take the form of mediation, solicitor negotiation, collaborative law, arbitration, and private FDRs. If someone refuses NCDR unreasonably, the court can take that into account and may make a costs order against them.
Will my partner automatically get half of my inheritance or a house I owned before we married?
Not automatically.
The Supreme Court’s decision in the 2025 case of Standish v Standish confirmed that non-matrimonial assets such as inheritances, gifts, or pre-marital property are not automatically shared under the “sharing” principle. The key question is whether they’ve been “matrimonialised”. This would include a property being used as the family home, or where money has been mixed into joint finances, or treated as shared wealth over time.
However, the court can still use non-matrimonial assets to meet a spouse’s needs if that’s required to reach a fair outcome.
It is also important to bear in mind that the Standish case involved very high-value assets and tax planning. The outcome in everyday cases can look different where the asset base is smaller and needs are more pressing.
Do I have to share my pension in a divorce?
Pensions are often one of the biggest assets and are routinely taken into account in a divorce settlement.
A court can make a Pension Sharing Order, which splits pension rights so each person has a pension in their own name. This approach can often be very helpful for a “clean break”. Actuarial input can be useful where the goal is achieving a fair retirement income, not just a split of headline cash values.
Can I keep the house for the children?
Sometimes, yes, but it depends on affordability and overall fairness.
Options often include:
- Deferred sale (often called a Mesher Order). This allows the primary carer to remain in the home until a trigger event arises, such as children finishing education, when the home can be sold and proceeds divided.
- Offsetting, where one person keeps the home and the other keeps more of another asset (commonly pension, savings, or investments).
Does cheating affect how much money I get in a divorce?
Usually not.
Since no-fault divorce was introduced in England and Wales in April 2022, the court does not “punish” infidelity financially. A party’s conduct rarely affects how finances are dealt with on divorce, and would only come into play where it would be obviously unfair to ignore it – such as deliberate dissipation of assets, fraud, or extreme behaviour with a clear financial impact.
I want a divorce, but my partner says they won’t “let” me. Am I stuck?
No. A spouse can’t block a divorce just because they disagree. A divorce can only be challenged on limited legal grounds such as jurisdiction, validity of the marriage, or that the marriage has already legally ended.
What can I do if my ex is hiding money or assets?
Both parties in a divorce settlement must give full and frank financial disclosure (typically via Form E). If there are signs of hidden assets, the court has tools at its disposal, such as:
- orders for further disclosure (including third-party disclosure),
- freezing injunctions to stop assets being moved,
- drawing an adverse inference where disclosure is incomplete or dishonest.
How long does a financial settlement usually take in 2026?
The time it takes to finalise a financial settlement varies a lot, but as a rough guide:
- Agreed settlement and Consent Order: often a few weeks to a couple of months from submitting the paperwork (assuming disclosure is clear and the draft order is acceptable).
- Contested settlement: commonly around a year from issuing a financial application to a final hearing. It can sometimes takes longer depending on court pressures and complexity.
- Private FDR/arbitration: can significantly speed things up because you’re not waiting for court listings.
Child arrangements on divorce FAQs
Who gets “custody” of the children on divorce?
“Custody” isn’t the term used anymore. The court deals with Child Arrangements Orders (which determine who the child lives with or spends time with).
Under the Children Act 1989, the child’s welfare is paramount. The court focuses on what best meets the child’s needs, not which parent “wins”.
Is 50/50 shared care of children on divorce now the law?
No. There’s no automatic legal right to equal time. Although many families agree a broadly shared care pattern, the court’s focus is always on what is safe and best for the child, based upon the specific facts of a case.
The Government has announced plans to repeal the statutory presumption of parental involvement.
At what age can a child choose where to live when their parents separate?
There’s no fixed age at which a child can choose where to live when their parents separate.
The court will consider a child’s wishes and feelings in light of their age and understanding. In practice, the views of a child from around 12 to 13 years of age carry increasing weight. By the age of 16 it is generally difficult (though not impossible) to impose arrangements against a child’s strong wishes, especially where there are no safeguarding concerns.
Can I stop my ex seeing the children if they don’t pay maintenance?
No. Child maintenance and child contact are legally separate and distinct. Courts generally takes a dim view of withholding contact as a “punishment” for missed payments (except where there are genuine safety concerns).
Maintenance is usually pursued via the Child Maintenance Service, known as the CMS.
What if there is domestic abuse or controlling behaviour?
Safety comes first. The family court can restrict contact, require supervised contact, or in some cases order no contact, depending on the evidence and the risk assessment. The recent policy direction on reform has been explicitly framed around protecting children and victims from abusive parents.
Can I move abroad (or to another city) with my child?
Moving a child out of the UK generally requires:
- written consent from everyone with Parental Responsibility, or
- a court order (“leave to remove”).
For internal relocation within the UK, you may not need a specific court order, but disputes can still end up in court and the child’s welfare remains central.
What is Parental Responsibility—and do I have it?
Parental Responsibility (PR) is the legal authority to make major decisions about a child, such as their education, medical treatment, and religion.
In England & Wales mothers have PR automatically. Fathers usually have PR if they were married to the mother at birth or are named on the birth certificate (where the birth was registered after 1 December 2003).
Do I have to go to mediation for child arrangements?
Usually you must attend a MIAM (Mediation Information and Assessment Meeting) before issuing a court application, unless an exemption applies – commonly domestic abuse, urgency, or other specified grounds. The courts have recently been tightening expectations around engaging with mediation and Non-Court Dispute Resolution.
Can my ex take my child abroad on holiday without my permission?
If there’s a Child Arrangements Order saying the child “lives with” a parent, then that parent can take the child abroad for up to 28 days without the other parent’s consent (unless the order specifies otherwise). In other cases, written consent (or a court order) is normally required.
What happens if my ex breaches a child arrangements order?
You can apply to the court to enforce the child arrangements order.
Depending on the breach of the order and the reasons, the court can:
- vary the order,
- order unpaid work / compensation for financial loss,
- make enforcement-type sanctions.
How our family law team in Devon and Somerset can help you
Hopefully you will find these FAQs helpful and allay some of your initial worries or fears around divorce. Of course, every relationship and divorce case is unique, and there is no one-size fits all solution for couples and families going through this process. That’s why we offer a free family law consultation for people living / working in Devon, Somerset or the surrounding areas. It’s an opportunity to talk through your situation with an experienced family lawyer to explore how we might be able to help you.
