Skip to main content

Insight article

September 19, 2024

Divorce: Disentangling the family home

In the whirlwind of emotions and challenges that follow a divorce, the fate of the family home takes centre stage. It is not just the financial value of the house but the profound personal and emotional significance it holds at the heart of family life.

Picture of the family home in a pair of hands

In the UK, there is no standard formula for calculating the division of assets after the breakdown of a marriage. The court is guided by several factors in Section 25 of the Matrimonial Causes Act. These factors allow the courts wide-ranging powers of discretion, leading to vastly different outcomes. The family home often sits at the core of discussions, as it embodies more than just four walls or a place to sleep—it holds countless emotions and memories for the couple. This can lead to power struggles over who should retain it. So, how will the court decide, and what options are available?

The family home is typically treated as matrimonial property, irrespective of whether it was acquired before the marriage, inherited, or bought with external funds. Decisions about the family home are influenced by several factors, including the couple’s financial needs, mortgage-raising capacity, future housing requirements, and the welfare of any children involved.

The property may need to be sold to allow both parties to move forward financially independent of each other. Alternatively, the home may be transferred into one party’s sole name. However, one barrier to this option is often the mortgage, as it is typically one of the largest liabilities the couple must address. If one party wishes to retain the family home, they would need to release the other party from the mortgage by either taking out their own mortgage or buying out their share using their own resources. For many, this option is not feasible.

When children are involved, one of the court’s primary considerations is their welfare. This can often lead to one spouse being allowed to stay in the family home until the youngest child reaches adulthood, referred to as a ‘Mesher order’. This is essentially a deferred order for sale, and for some families, it is the best solution as it allows the children to remain in their familiar surroundings. However, the downside is that one party has to wait, sometimes for many years, for their equity to be released, which can hinder their ability to purchase a new property. It also means the parties remain financially tied to one another, necessitating some level of communication, which does not encourage a fresh start or a clean break.

Recently, couples wishing to avoid contentious and prolonged court battles have turned to alternative dispute resolution (ADR) methods such as mediation and collaborative law. These approaches encourage cooperation and a resolution-focused practice, where parties share information voluntarily and work constructively to reach a consensus. This significantly reduces the emotional and financial costs of divorce.

At RIAA Barker Gillette (UK) LLP, we understand the stresses of navigating divorce and financial proceedings and are committed to providing clear, practical legal advice and support from start to finish. Recognising the need for cost transparency, we have introduced our new “Fixed Price Model”. This approach ensures transparency regarding the costs of our services, eliminating the extra anxiety of escalating or hidden costs. Our model covers a range of services, offering comprehensive, enhanced, and premium options for clients to choose what works best for them. From free or discounted initial consultations and financial negotiations to finalising divorce proceedings, our team of experienced family solicitors is well-equipped in all areas of family law.

Each family is unique, and there is no one-size-fits-all solution. Our approach involves crafting tailored strategies that consider the specific circumstances of each case. Whether it’s negotiating a buyout, securing a fair share of the property’s value, or arranging a Mesher order, we ensure our clients are fully informed and supported throughout the process.

From fixed-price divorce to free initial family law consultations, contact Pippa Marshall at RIAA Barker Gillette for expert legal advice.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

Stay in touch

Subscribe to our newsletter

Stay in touch

By completing your details and submitting this form you confirm you are happy for us to send you marketing communications and that you agree to our Website Privacy Policy and Legal Notice and to us using Mailchimp to process your data.


Sending

News/Insight

  • The do’s and don’ts of using AI in your business
    AI can help businesses improve efficiency and make informed decisions, but it also comes with risks. Explore the key do’s and don’ts of using AI responsibly, including data protection, legal considerations and the importance of human oversight.


    Read more
  • Next equal pay appeal: when can market pressures justify different pay
    When can recruitment and retention pressures justify different pay? Karen Cole explores the Next equal pay appeal, explaining why equal pay risks remain and what employers should consider when reviewing pay packages and the evidence supporting their


    Read more
  • Domestic Abuse Protection Orders: where are they available and what other protection can you seek?
    Domestic Abuse Protection Orders can offer tailored protection, but availability is currently limited. Pippa Marshall explains how they work, who can apply and the other protective orders available, including non-molestation and occupation orders.


    Read more
  • Missing beneficiaries and unknown heirs: what should executors do?
    What should an executor do if someone entitled to inherit cannot be found? James McMullan explains how to trace missing beneficiaries, the limits of statutory notices and the options to consider before distributing an estate.


    Read more
  • Pay transparency in recruitment: Is your business ready to disclose salaries?
    Employers may eventually have to provide salary information much earlier in the recruitment process under proposals being considered by the Government.


    Read more

What they say...

  • Bryan E, September 2026
    Absolutely outstanding “This firm is super professional, efficient and friendly at the same time. You could not wish for a better service. I have used them for my Will and a range of other matters over many years. I’ve found all the vario

  • Jan Norris, September 2026
    Excellent Service “Charlotte Barbaroussis has prepared our wills, LPAs and a discretionary trust. She was professional, kind and patient throughout. A very fine person to have looking after us.”

  • Brian Nunan, August 2026
    “I dealt with the group for many years, and no matter which solicitor I used, the results were always the same. Excellent!”

  • Client, July 2026
    Constructive and empathetic “I contacted Pippa Marshall at RIAA Barker Gillette through a recommendation regarding a family law matter. Pippa was always clear, efficient, empathetic and helpful, offering constructive insights on my situation. I

  • Dino, July 2026
    A lucky professional meeting! “We had an excellent professional experience to recommend to all those who need legal help in the UK.”

Read more
Send this to a friend