How courts orders divide assets

The makeup of assets - including income, capital assets and pensions - varies from couple to couple.

When dividing the pot during a divorce, the court can use the powers of the Matrimonial Causes Act 1973 to implement certain orders.

Property Adjustment Order

The court may change the ownership of a property, either transferring from a joint name to a sole name or from one person to another. 

It doesn’t matter who the legal owner is, and where there is a mortgage the person receiving the property must obtain the provider’s consent.

Orders for Sale

The court can order the sale of property and then decide how the net sale proceeds are divided. 

Pension Share Orders

Some or all of a pension can be transferred from one partner to another. As no two pension situations are the same, it is important to seek actuarial pension advice in advance.

Lump Sum

A payment of money from one spouse to another, either in one or by instalments.

It is important to draft the order in such a way that instalments cannot be varied, and to achieve a financial clean break once paid.

Income Order

One party pays the other a monthly amount, usually where one partner was the income generator and the other the homemaker.

The court has an incredibly wide area of discretion here. 

Spousal maintenance orders are usually short-term, though either party can apply to change the amount or term.

Children

While child maintenance is outside of the court’s scope and dealt with by the Child Maintenance Service, the court does have the power to “top-up” payments made by wealthy parents. 

The court can also make school fees orders to ensure that children remain in private education.

  • To read this feature in full and access further Lancashire business news, advice and analysis subscribe to Lancashire Business View magazine or join the LBV Hub from just £2.50 per month. Click here to subscribe now.

Enjoyed this? Read more from Lesley Smythe, DTM Legal

Latest news

1

Trident Utilities strengthens team with two appointments Trident New Starters Madeleine And Alex

Trident Utilities strengthens team with two appointments

08 Oct 2026

2

Get face-to-face to avoid the 'Gen Z stare' Karen Tems

Get face-to-face to avoid the 'Gen Z stare'

08 Oct 2026

3

Blackburn with Darwen tops young entrepreneurs table Entrepreneur Young Small Business

Blackburn with Darwen tops young entrepreneurs table

08 Oct 2026

4

Burnham tells Chorley pie shop owner ‘I’m listening’ Paul

Burnham tells Chorley pie shop owner ‘I’m listening’

07 Oct 2026

5

Heritage training for construction lecturers Img 20260907 Wa0001

Heritage training for construction lecturers

07 Oct 2026

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
All In One Network
LBV Website Events GraphicAll In One Network 15 Oct 2026

All In One Network

The Leisure Box, Northlight, Glen Way, Brierfield , BB9 5NH

14:00 - 16:00

Sub36 Awards 2026
Sub36 WW Logo720 16 Oct 2026

Sub36 Awards 2026

Park Hall Hotel & Spa, Chorley, PR7 5LP

18:30 - 00:30

LBV131 November/December Magazine Networking Event
LBV131 Magazine Launch Social720No Text 19 Nov 2026

LBV131 November/December Magazine Networking Event

Lancashire

08:30 - 10:30

Lancashire Business Day 2026
LBD26 WW Logo720 27 Nov 2026

Lancashire Business Day 2026

Burnley Football Club, BB10 4BX

12:00 - 17:00

Help to Grow: Management Course
Help To Grow 25 Sep 2026 - 15 Dec 2026

Help to Grow: Management Course

University of Lancashire, Preston, PR1 2HE

09:30 - 12:00

Neurodiversity Awareness and Support Training
09 Oct 2026

Neurodiversity Awareness and Support Training

Neuro Spark Training Solutions, Burnley , BB11 2AS

09:00 - 16:00

The Business Network Central and East Lancashire
LBV Website Events GraphicBusiness Network 2 15 Oct 2026 - 15 Oct 2026

The Business Network Central and East Lancashire

Mytton Fold, Langho, BB6 8AB

11:30 - 14:15

Seriun Cyber Security Conference
Seriun 15 Oct 2026

Seriun Cyber Security Conference

Turf Moor, Burnley, BB10 4BX.

09:00 - 13:30

Preston Tech Connection Coworking Day
PTC Coworking Day long banner Oct.png.png 15 Oct 2026

Preston Tech Connection Coworking Day

Society1, 9-10 Cross Street, Preston, PR1 3LT

09:00 - 17:00

Blackburn Darwen Youth Zone Annual Quiz
BDYZ Quiz 15 Oct 2026

Blackburn Darwen Youth Zone Annual Quiz

Accrington Stanley FC, Accrington, BB5 5BX

17:00 - 13:46

Chamber Business Lunch with Leanne Lucas, Founder of Let’s Be Blunt CIC
Lancaster And Morecambe Logo 1 16 Oct 2026

Chamber Business Lunch with Leanne Lucas, Founder of Let’s Be Blunt CIC

Lancaster Golf Club, Lancaster, LA2 0AJ

11:00 - 14:00

Building Brands (and workplaces) That Are Accessible For Everyone
Wyqfi3-wowjag-heczop.jpg.jpg 16 Oct 2026

Building Brands (and workplaces) That Are Accessible For Everyone

Neuro Spark Training Solutions, Burnley , BB11 2AS

09:30 - 16:00

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV130 Online GraphicWebsite
Subscribe now

Weekly news bulletin