A new national report has revealed a significant lack of understanding regarding how finances and property are divided during divorce in England and Wales, even among those who have experienced the process.
The research, conducted by the University of Bristol and funded by the Nuffield Foundation, is the first of its kind to assess public knowledge of divorce law. It was found that awareness is generally low and is marred by many misconceptions.
Professor Emma Hitchings, a Family Law expert at the University of Bristol Law School and co-lead of the study, highlights that this is the first study to explore what people understand about financial arrangements regarding divorce. Hitchings explains that, given the complexities of the law, misunderstandings are relatively high. What Hitchings believes is particularly concerning is that even those who have experienced divorce still fail to recognise their legal rights.
The study assessed over 20,000 people, evaluating ten core statements about how finances and assets are divided in divorce. Respondents were asked to determine which statements were true or false. The figures showed that 11% of all respondents failed to identify any of the statements correctly. Some particular groups, such as divorcees with consulted lawyers, or those with dependents under 18 years, showed a better understanding. However, confusion levels remained relatively high even with parents familiar with child maintenance issues.
A common misconception found in the study was that all assets and debts are automatically split equally in a divorce, a view held incorrectly by around 30% of respondents. A further 30% did not know that the length of a marriage can influence how financial assets are split. Professor Hitchings emphasised a need for better access to early legal advice, stating that providing early legal guidance should be considered a policy priority. This could reduce confusion and lead to more equitable outcomes, especially for individuals who do not secure legal support during divorce.
Professor Hitchings has a leading role in the Fair Shares Project, a comprehensive investigation into how 100,000 couples who divorce annually in England and Wales use the legal system and divide their assets. The goal is to support potential reforms and strengthen public understanding. Ash Patel, the Programme Head of Justice at the Nuffield Foundation, highlights that this research highlights the critical need for more accessible and earlier legal advice for people working through private family law issues. Patel explains that misunderstandings of the law can result in unfair settlements and long-term financial strain for families.
