Recently our colleague Chloe Hubbert attended an insightful talk by Professor Emma Hitchings, co-author of The Fair Shares Report – Sorting Out Money and Property on Divorce.

The report, a collaboration between Bristol University, the Nuffield Foundation, and Bryson Purdon Social Research, offers the first statistical glimpse behind the scenes of how people manage — or, as it seems, fail to manage — their finances when they divorce.

A concerning picture

The research surveyed 2,415 participants, a small fraction of the roughly 100,000 divorces taking place in England and Wales each year. Yet, if this group reflects the broader population, the findings are worrying: most divorcing couples are not addressing their financial arrangements at all.

• • Only around one-third of participants had obtained a financial court order.
• • 36% admitted they had made no financial arrangements as part of their divorce.

It would be easy to assume that this is because many divorcing couples have no significant assets — but in fact, 68% of those surveyed were property owners.

Many don't know what their assets are worth

The report also highlights a widespread lack of financial awareness among divorcing couples:

• • 10% of participants didn’t know how much equity they had in their property.
• • 37% of those with pensions didn’t know their own pension’s value — or their spouse’s.

This raises an important question: if you don’t know what your assets are worth, how can you make informed and fair decisions about dividing them during divorce?

Why financial orders matter

Even if you don’t currently have significant assets, a financial order is still an essential part of the divorce process.

Such an order is not just about dividing what you own today — it can also cover future income or assets, such as pensions or inheritances, and most importantly, it closes off future financial claims between you and your former spouse.

Many people are unaware that the divorce itself does not end financial claims. Without a financial order, your ex-spouse may still be able to seek financial support from you in the future.

While not everyone will go on to win the lottery or invent the next Bitcoin, many people will inherit money, grow their business, or improve their financial circumstances later in life. Without a financial order, those future gains could remain at risk of a claim.

The value of legal advice

The report clearly shows that involving a family lawyer significantly increases the likelihood that individuals are protected from unfair financial outcomes and that pensions are properly addressed. Yet, only 11% of participants with pension assets reported having a pension sharing order as part of their divorce settlement — highlighting how easily this vital issue can be overlooked without professional advice.

The real cost of legal support

Many people said they avoided legal advice due to concerns about cost. However, the Fair Shares Report reveals that the reality may be quite different:

• • 24% of those who sought legal advice spent less than £1,000.
• • 18% spent between £1,000 and £2,999.

To put this in perspective, many people spend more on legal fees when buying or selling a property — something we often do multiple times — than they spend securing a fair financial settlement following divorce, a life-changing event for most.

Can you afford not to have a financial order?

While it’s not a legal requirement to obtain a financial order when you divorce, failing to do so could expose you to future financial risk.

If you or your spouse have assets, can you be confident it’s fair not to share them? And more importantly — can you afford to leave the door open to future claims?

How we can help

If you would like to understand how to resolve financial matters and gain certainty for your future, our experienced family law team would be delighted to assist you.

The first step is easy — contact us today to arrange an initial discussion and find out how we can help you secure your financial position after divorce.