University of Bristol Study Reveals Widespread Misunderstanding of Divorce Asset Division Laws in England and Wales

(IN BRIEF) A national study led by the University of Bristol has revealed that both the public and divorcees themselves have limited knowledge about the legal aspects of asset division during divorce. The research, funded by the Nuffield Foundation, found that misconceptions about the law are widespread, with 30% of respondents mistakenly believing that all assets and debts are split equally. The study also highlighted the need for improved access to legal advice to ensure fair financial outcomes for divorcing individuals. The findings are part of the ongoing Fair Shares Project, which aims to explore how assets are divided in divorce proceedings and the potential need for legal reforms.

(PRESS RELEASE) BRISTOL, 1-Feb-2025 — /EuropaWire/ — A newly released national report has highlighted widespread ignorance about the legal framework surrounding the division of assets and finances upon divorce in England and Wales, with many people—including those who have already experienced divorce—misunderstanding the law.

The research, led by the University of Bristol, reveals that knowledge of how assets and property are shared during divorce proceedings is, at best, inconsistent. The study, funded by the Nuffield Foundation, surveyed over 20,000 individuals in England and Wales, asking them to assess the truth of ten statements regarding the legalities of asset division on divorce. The results were concerning, with participants demonstrating an average correct identification rate of only 45% of the statements.

Emma Hitchings, Professor of Family Law at the University of Bristol’s Law School and co-lead of the study, commented: “This research provides the first comprehensive insight into public awareness regarding financial arrangements during divorce. It is unsurprising to find that misconceptions are widespread, given the complexity of the law. What is more troubling is that those who have already gone through divorce still show considerable gaps in their knowledge. It’s clear that better informing individuals about their legal rights could ensure fairer outcomes.”

The study also revealed that divorcees who had sought legal counsel, had more assets to divide, or had children under 18 generally demonstrated a higher level of understanding of the divorce process. However, even among these groups, misconceptions were still prevalent, especially regarding child maintenance and asset division.

A particularly prevalent misconception was that all assets and debts are split equally in a divorce, with 30% of respondents mistakenly believing this to be the case. Similarly, many individuals were unaware that the length of a marriage plays a significant role in how assets are divided.

Hitchings emphasized the need for early legal advice, suggesting that policy reforms should focus on ensuring all individuals undergoing divorce receive accessible and accurate legal information. “It’s clear from the findings that a lack of legal understanding can lead to unfair financial settlements. Making legal advice more accessible could alleviate the financial hardships that often arise from divorce.”

The findings are part of the Fair Shares Project, led by Professor Hitchings, which aims to shed light on how the 100,000 couples who divorce annually in England and Wales navigate the legal system and divide their assets. The research provides valuable insights into areas that may require legal reform or enhanced public education.

Ash Patel, Programme Head of Justice at the Nuffield Foundation, added: “The scale of misunderstanding highlighted by this research calls for more accessible, timely legal advice for individuals navigating divorce. A lack of understanding can lead to unfair financial settlements that exacerbate hardship for divorcing individuals and their families.”

The Nuffield Foundation is an independent charitable trust with a mission to advance social well-being. It funds research that informs social policy, primarily in Education, Welfare, and Justice. The Nuffield Foundation is the founder and co-funder of the Nuffield Council on Bioethics, the Ada Lovelace Institute and the Nuffield Family Justice Observatory. The Foundation has funded this project, but the views expressed are those of the authors and not necessarily the Foundation.

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SOURCE: University of Bristol