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Helping men find their way through divorce.

Divorce for Men

Divorce is a stressful and complicated time for both parties, but men often face specific and unique challenges. Our leading team of family lawyers know UK divorce law inside and out. We’ll make sure your divorce is settled in the fairest way possible, helping you negotiate your way to a better outcome. When your marriage is ending, we’re here to help you prepare for your new start.

There is a common misconception that men don’t have the same rights as women in divorce, but this isn’t actually true. Where divorce culminates in an unequal sharing of finances, assets, and child custody, this is entirely down to the specific circumstances of the case. From the divorce itself to financial arrangements to child custody or residency, our team of solicitors are here for you. We’ll endeavour to settle your marriage dispute in a way that works for you, so you can look forward to a fulfilling post-divorce future.

Divorce

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Divorce Solicitors for Men

If you’re a man going through divorce, you may be concerned about what the implications will be for your children and your finances. Perhaps you are worried your partner will deny you access to your children post-divorce. Perhaps you believe your contribution to the marriage has been disproportionate, or you are a high net worth individual with wealth and inheritance that you do not believe should be considered part of the marital assets. Whatever your specific situation, our team of specialist divorce solicitors recognise the challenges men face during divorce proceedings. We will focus on securing your life post-divorce, protecting the wealth that is rightfully yours, and helping you stay close to your children.

Child Custody/Residency and Fathers’ Rights Solicitors

Divorce can be a tense and emotional time, particularly if children are involved. Our family lawyers have years of experience in negotiating child access arrangements and representing the rights of fathers in divorce cases. If you're struggling to come to an arrangement with your former partner, we can step in, apply for a Child Arrangements Order, and work with the courts to establish a fulfilling and legally binding solution. We'll endeavour to safeguard access to your children and ensure you can maintain a close and rewarding future relationship.

Child Law

What Rights Do Men Have in Divorce?

Under the Matrimonial Causes Act 1973, both parties in a marriage have the same rights, and can make the following claims against each other:

Spousal maintenance.
Lump sums of money.
Property entitlement.
Shares of pension.

Divorce cases are commonly conceived of as favouring wives and particularly mothers if the couple have children. Whilst this can often be the outcome of divorce cases, all proceedings will begin from an equal standpoint and a 50/50 split of marital assets. Under UK law, fathers should be permitted ‘reasonable access’ to children even if they live with the mother. This is because the courts consider a relationship with both parents in the child’s best interests unless there is evidence to the contrary.

Is Divorce Unfair for Men in the UK?

Divorce proceedings begin from an equal standpoint; that is, with all marital assets being split equally between the two parties. Where cases become less equal, it is down to the specific circumstances of the marriage.

For example, it is common for a marital decision to be made that the wife will focus on the home and raising children, meaning she is unable to progress her career to the same extent and will be at a financial disadvantage post-divorce. As a result, courts may decide to favour her in the final settlement. She may get a larger share of the marital home’s equity due to being less able to generate a deposit and borrow a big enough mortgage to house herself. If she is unable to support her monthly expenditure, they may also decide she is entitled to regular spousal maintenance payments. It may also be necessary to arrange a Child Arrangement Order if an agreement cannot be reached about the father’s access to children where they reside with the mother.

Who Gets to Stay in Marital Home During Divorce?

When it comes to housing, it is common for proceedings to depart from equal sharing. This is because women often take on the role of ‘home-maker’ whilst the man is able to progress his career and provide financial support for the family. That means a 50/50 split of the marital home’s equity may not be deemed fair.

If one party is generating a regular monthly income and the other party is not, they will be better able to apply for a mortgage and put down a large deposit to secure a new home. If there are children involved, the housing question becomes even more important, often leading to a decision whereby the wife is permitted to a larger share of the marital home’s equity, and she remains there with custody of the children.

Do Men Get Half the Money in a Divorce?

Technically, yes; it is possible for a divorce to be settled with a 50/50 split of assets. However, the specific circumstances of divorce cases often demand a more nuanced unpicking of marital assets. If both parties have contributed to the marriage equally, then an equal split will be deemed fair. Sometimes, men may be entitled to more than 50% if they can prove their financial contribution to the marriage was disproportionate and the woman is able to support herself independently post-divorce. For guidance specific to your case, don’t hesitate to get in touch with our friendly team of family lawyers.

What is a Wife Entitled to in a Divorce Settlement?

In divorce, a sharing principle is used whereby a woman is entitled to half of the marital assets. All contributions to the marriage will be taken into account including non-financial ones (i.e., the contribution of the party who looked after the home and raised children, enabling the other party to progress their career.) If these contributions are unequal, the principle of equal sharing may not be deemed fair. A wife may be entitled to more than 50% of marital assets if she is unable to support herself financially and there are children involved. Essentially, a principle of need is applied; if one party needs money and the other is able to provide it, spousal maintenance may be seen as an appropriate solution.

Can a Mother Deny a Father Access to Their Child?

When a couple divorce and children are involved, deciding who the children will live with and how access will be arranged can quickly become a fraught and emotional issue. Many couples choose to agree who the child or children will live with outside of the courts. If there are disagreements, applying to the courts for a Child Arrangements Order can provide a more concrete and binding solution that can prevent the mother from denying the father access. This order will detail who has access to the child, when, and for how long. It will also prevent the mother from preventing or interfering with this time.

What Rights Does a Father Have in the UK?

Biological mothers automatically have parental responsibility over their child, and so do fathers provided they are married to the mother at the time of birth. This means fathers have an equal say in education, healthcare, and other important matters, and will be expected to support the child financially. In the event of a divorce, courts generally presume that both mother and father should have an equal share of legal and physical custody. However, particularly where young children are involved, it is often decided that this may be too disruptive and child residency will be bestowed on one party.

In this instance, it is understood to be the in best interests of the child to have a meaningful relationship with both parents. If an access arrangement cannot be reached amicably, a Child Arrangements Order can be applied for to detail what ‘reasonable access’ is and what the terms of that will be. Courts approach access proceedings with an acute focus on the welfare of the child. For this reason, it may not be possible for fathers to be permitted to have the child overnight if they are under 18 months old. If the child is older than 3, longer visits are more acceptable.

There are also a number of other court orders that fathers can apply for. Specific Issue Orders aim to resolve disagreements about particular aspects of the child’s upbringing, such as which school they should go to. Prohibited Steps Orders are also an option if there are certain decisions and actions you feel it necessary to legally prevent your partner from taking with regards to your children.

Specialist Divorce Lawyers for Men London, Cheshire, Yorkshire, Leeds and Beyond

If you’re going through a tough time and need support, our team of expert family lawyers are here to help. Get in touch with Aequitas for a free initial consultation. During this 30 minute assessment*, we’ll discuss the circumstances of your divorce and talk through what we can do. If you want to proceed, we’ll get to work, striving to secure the best possible divorce settlement for you.