As we celebrate International Women’s Day this weekend, a recent report from the University of Bristol has highlighted a troubling reality. Many people have a limited knowledge of the legal framework surrounding finances, property and childcare in divorce proceedings. In the following article, Kathryn McTaggart, Director and Family Law Solicitor, Woolley & Co, shares her insights on the report’s findings and the importance of seeking professional legal advice.
The University of Bristol’s recent Fair Shares report highlights a significant lack of public understanding when it comes to financial settlements, property rights, and childcare arrangements in divorce.
This knowledge gap might be less concerning if not for the rise of “DIY Divorces,” following ‘no fault’ divorce introduced in 2022, which allow couples to dissolve a marriage with little to no legal guidance.
While this approach may seem convenient and cost-effective, it carries significant risks—particularly for women, who are disproportionately affected by informal arrangements and lack of advice and may face greater financial hardship as a result.
The Disconnect Between Perception and Reality
One of the most striking revelations from the report is that nearly a third (30%) of people mistakenly believe that assets are automatically divided 50/50 in a divorce. When in reality, courts take a far more nuanced approach, considering such factors as financial needs, pension contributions, childcare responsibilities, and the duration of the marriage.
For example, only 37% of respondents were aware that the length of the marriage can influence how assets and debts are divided. This lack of awareness can lead to divorcing parties being unrealistic or reducing their own expectations, which can place people at an economic disadvantage post-divorce.
Gender Disparities and the Risks of DIY Divorces
The findings also reveal gender differences in legal awareness. While women are slightly more likely to understand the law’s emphasis on child welfare (49% vs. 46% of men), men tend to have a marginally better grasp of financial contributions and asset division (49% vs. 47% of women).
However, this knowledge gap becomes more concerning when people are encouraged to start divorce proceedings without having legal advice. As financial pressures mount, it is also unsurprising that more couples are opting for solutions that avoid legal fees.
Yet, this approach often leads to significant oversights with finances and child arrangements. In addition, some issues cannot be addressed without legal intervention, for example pension sharing orders, which require a court order and cannot be resolved through DIY arrangements.
While informal divorce settlements may seem simpler and more cost-effective in the short term, they frequently fail to address important issues, not least a financial clean break on divorce.
These oversights also disproportionately affect women, who are more likely to earn less and take on greater caregiving responsibilities of children and elderly family members. Without proper legal guidance, they face a heightened risk of financial instability now and in the future. Inadequate settlements do not just affect care givers but by extension create difficulties for children of the family.
Alarmingly, the findings of the report also revealed that only 32% of divorcees seek professional legal advice for financial arrangements. Instead, many rely on informal guidance from friends and family which is problematic as appropriate settlements will depend on the particular circumstances of the couple.
The Need for Greater Awareness and Professional Guidance
The University of Bristol’s report highlights a need for greater public education on financial rights and responsibilities in divorce. The current system places an unfair burden on individuals to navigate complex legal terminologies without adequate support.
Legal professionals have a critical role to play in bridging this knowledge gap. By providing clear, accessible advice, we can empower individuals to make informed decisions that protect their financial future. As Emma Hitchings, professor of family law at Bristol University and co-author of the report later commented on the findings “Some form of early legal advice and information for all divorcees should be a policy priority” to prevent unfair outcomes occurring.
For anyone navigating divorce, seeking professional legal guidance is not just a precaution, it should be a necessity for divorcing parties with assets or children. It ensures that all financial and other considerations are addressed properly and helps to secure a fair and sustainable outcome for all involved.
ENDS
About Woolley & Co:
Woolley & Co is a law firm specialising in family law, providing expert legal guidance and support to individuals and families navigating complex legal issues, including divorce, child arrangements, and financial settlements. They prioritise client well-being and offer compassionate, personalised legal services.
