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Landmark Judgement Has Major Implications for Divorcing Couples
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Landmark Judgement Has Major Implications for Divorcing Couples

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Rayma Collins
Rayma Collins
Partner & Head of Family Law
Furley Page LLP

An eagerly anticipated landmark judgement from the Supreme Court will have major implications for divorcing couples, according to Rayma Collins, head of Family Law at Furley Page.

The judgement on Standish v Standish was handed down by the Supreme Court on 2 July, following earlier decisions in the High Court and the Court of Appeal.
Mr Standish (72) and Mrs Standish (57) married in 2005 and subsequently had two children. Mr Standish was a successful investment banker who had accrued substantial wealth prior to the marriage. He retired in 2007. From the time of their marriage until he retired, Mr Standish earned around $US 40 million, and there had been no material increase in his wealth since retirement.
The couple moved to England in 2009, where Mr Standish was deemed domiciled but Mrs Standish was of non-domiciled status. During 2017 and 2018, Mr Standish took tax advice and pursuant to that, he transferred £77 million to his wife (the 2017 assets) with an intention to place the monies into trust. However, before the trust was established, Mrs Standish applied for divorce.
The case went before the High Court, where Mrs Standish submitted the marriage was a ‘partnership of equals’, so fairness dictated a 50:50 sharing of the marital assets and that upon transfer of the 2017 assets, they became hers. Mr Standish argued he never intended to share ownership of the 2017 assets, and that the court should not deem the assets to have been ‘matrimonialised’, because they were the product of his pre-marital career the division should remain non-matrimonial and not be subject to equalisation.
The judge, Justice Moor, found that by transferring the asset to his wife, Mr Standish had matrimonialised the property, but because the vast majority of the money had been earned before they were married, the 2017 assets should be shared unequally in favour of Mr Standish (34%/66%).
Both parties appealed the decision to the Court of Appeal; the wife sought the 2017 assets as her seperate non-matrimonial property and the husband asserting that his actions in generating the wealth should be the deciding factor in attributing him with a greater share.
The Court of Appeal rejected the wife’s separate property claim, describing it as ‘nonsense’. The Court also determined that the division was unjust. They determined that the 2017 assets should be attributed as 75% non-marital and 25% marital property, the latter to then be added to the overall pot of assets to be shared equally.
Mrs Standish subsequently appealed the Court of Appeal decision to the Supreme Court, which has now handed down its judgement. The Supreme Court unanimously dismissed her appeal, upholding the decision of the Court of Appeal that 25% of the 2017 Assets had been matrimonialised whilst 75% remained non-matrimonial and not therefore subject to the equal sharing principle.
Rayma Collins said: “This decision will not just affect divorce cases of the ultra-wealthy as its principles will apply to all divorce cases in England and Wales. It clarifies that a transfer of assets between spouses with an intention to, for instance, save tax and irrespective of the time period involved, will not normally constitute matrimonialisation of that asset”.
“The Supreme Court has reviewed the sharing principle in this case and ruled that (a) there is a conceptual difference between non-matrimonial property and matrimonial property (b) that Courts will recognise that the sharing principle only applies to matrimonial property (c) the starting point in sharing matrimonial property is equality and (d) non-matrimonial property may become matrimonialised in certain circumstances depending on the reason for any transfer and/or how the asset has been treated by the parties over time”.
“This judgement provides clarity about the relatively new concept of matrimonialisation which the Supreme Court accepted whilst new to the English language, was useful shorthand to describe the process by which non-matrimonial property becomes matrimonial property for the purpose of sharing on divorce. For these reasons, it is even more important to take legal advice before making any substantive changes to how assets are held by spouses, to be certain you understand the potential implications of any such change beforehand”.

Read more articles by Furley Page.

About Rayma Collins

Rayma has been working in family law for over two decades, specialising primarily in resolving financial issues between spouses on family breakdown.

She works tirelessly to help her client’s separate with dignity and to ensure, for the sake of any children involved, that relations between separating couples remain as amicable as possible.

If and when required, Rayma has access to experts who can assist such as Trust Lawyers, accountants, financial planners and therapists. She will quickly gather together a bespoke team of specialists to ensure individual needs of each client are met, and every angle of a case is covered.

Furley Page Solicitors

Furley Page was established in 1725 and celebrates its 300th anniversary in 2025. The firm has offices in Canterbury, Chatham and Whitstable, with specialist partner-led teams offering clear, practical and cost-effective advice across wide-ranging practice areas in commercial and private client law. Furley Page is authorised and regulated by the Solicitors Regulation Authority and our Costs Lawyer is regulated and accredited by the Costs Lawyer Standards Board. For further details visit www.furleypage.co.uk. You can also follow the firm on LinkedIn.

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How to Manage a Divorce When One Partner Will not Consent to it? Can the Divorce Still Proceed?
Photo by Karolina Grabowska: https://www.pexels.com/photo/mother-scolding-teenage-daughter-using-phone-6957246/.

How to Manage a Divorce When One Partner Will not Consent to it? Can the Divorce Still Proceed?

Published on
Joanne McDonald
Joanne McDonald
Associate
Furley Page

When the process for divorce was overhauled in 2022 with the implementation of the Divorce, Dissolution and Separation Act 2020, a major change was the removal of the ability of one person to “defend” a divorce, based on their view that the marriage had not broken down irretrievably.

Under the new procedure, even if the person receiving a divorce application (the “respondent”) does not want a divorce, the person who does want the divorce and made the application (the “applicant”) cannot be prevented from moving forward with it, save for in very limited circumstances. Consent and co-operation are no longer required to obtain a divorce.

Now the respondent can only dispute the proceedings based on technical issues, such as to challenge the jurisdiction of the court (which means that the person disputing the divorce doesn’t believe that the courts of England and Wales have the power to deal with the case and that it should be dealt with elsewhere), to argue about the validity of the marriage or civil partnership, or to assert that the marriage or civil partnership has already been legally ended.

When the divorce application has been served on the respondent (typically this means they have been sent the paperwork by email), they have 14 days to respond, or slightly longer if they live outside of England and Wales. A respondent can set out on this form an intention to dispute the divorce.

If a respondent wishes to dispute the proceedings, they must then send to the court an “answer” on form D8B saying exactly why they dispute the proceedings. This must be sent to the court within 21 days from the date on which their acknowledgement of service was due. At the time of writing, an “answer” cannot be filed via the online portal, so must be sent to the Court on paper.

Upon receiving an “answer” from the respondent, the court will, within 21 days, arrange a hearing for the judge to set out what further evidence is required to enable a decision to be made about whether the divorce can proceed. Once the court has that evidence, a further hearing will take place and unless an exemption applies, it will do so in open court, which means the hearing is open to the public and press to attend.

Given the limited circumstances in which a divorce can be disputed now,  that situation is rare so specialist legal advice should be obtained.

More common than disputed proceedings are those in which a respondent simply fails to acknowledgement service of the divorce application on time, which can lead to a delay in progress. If a respondent does this, an application can be made by the applicant to “deem service”. The effect is that the Court will confirm it is satisfied that the respondent has received the divorce application and the applicant will then be able to progress the divorce without any involvement by the respondent.

Read more articles by Joanne McDonald.

About Joanne McDonald

Joanne joined the Family law team at Furley Page as an Associate in October 2021.  Joanne is a member of Resolution for Family Law and adheres to a Code of Practice promoting a constructive approach to the resolution of family matters.

Joanne has always had a passion for family law and demonstrates this through her commitment to clients. She understands that the breakdown of a relationship can be distressing and strives to ensure that clients feel supported through the process. As well as relationship breakdown, Joanne advises clients prior to marriage in respect of nuptial agreements and clients who are making the decision to cohabit with a partner and want to ensure clarity of future arrangements.

Contact Joanne McDonald, Associate Solicitor in Furley Page’s family law team on 01634 828277 or email JLM@furleypage.co.uk.

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How can I legally deal with parental alienation when I am the targeted parent?
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How Can I Legally Deal with Parental Alienation When I am the Targeted Parent?

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Joanne McDonald
Joanne McDonald
Associate
Furley Page

Whilst we may hear the phrase “parental alienation” more now than in years gone by, in its true form, it is still uncommon. There is currently no agreed definition for the concept, but it can be summarised as one parent being so opposed to contact between a child and the other parent that they take active steps to try to make contact impossible. Parental alienation can be perpetrated by either parent, regardless of gender identification or sex.

The behaviours constituting parental alienation vary greatly but typically include an ongoing pattern of negative behaviours to influence, manipulate and/ or pressure a child into aligning themselves with one parent rather than the other.  This may include denigrating, demeaning, ridiculing or dismissing the other parent by telling false stories to the child about their other parent, or withholding information from the child about their other parent which may show the other parent in a positive light.

Alienation should not be confused with low level hostility / resentment of one parent towards another which can be present immediately following a separation whilst emotions are running high. Rather, parental alienation is a consistent and deliberate attempt to undermine or put an end to a child’s relationship with their other parent.

The result of alienation is that a child has genuine fear and resistance towards contact with their other parent as they have been manipulated and led to believe that the parent is negative or presents a risk in some way or another.

If you are the parent who is the target of alienation, the most important thing is to act quickly. The longer a child is exposed to alienating behaviours, the more likely it is that harm will be suffered by the child. Court proceedings are not a quick-fix and complex matters can take several hearings to resolve.

Depending on the circumstances, the first step is to issue an application with the court for child arrangements order and make clear on the form you have concerns about parental alienation. The application should be accompanied by an Allegations of Harm form which provides a greater opportunity to elaborate on the alienation allegations.

When court proceedings have been issued, an officer from the Children and Family Court Advisory and Support Service (CAFCASS) will be allocated to the case and you will have an opportunity to discuss the allegations with them. CAFCASS will then make recommendations to the court as to what the next steps should be.

This may be for CAFCASS to undertake a detailed report to ascertain any areas of welfare concerns including alienation as well as the child’s wishes and feelings. To achieve this, CAFCASS will likely speak to the child in question and assess why they have resistance to contact or talk to the other parent and try  to understand whether the child’s view is likely resulting from alienating behaviours. CAFCASS may also recommend other steps such as attendance at a separated parents information programme.

In some cases, an expert psychologist may be appointed to assess the child and any emotional harm they may be suffering, but ultimately, the existence of parental alienation is not a syndrome to be diagnosed. What is important is identifying whether alienating behaviour has taken place and, if so, what emotional harm that behaviour has caused to a child and their relationship with the alienated parent and what can be done about it.

The court has the power to make various orders in relation to the time a child lives and spends with each parent. The court can also make orders to enforce such arrangements which may assist in some cases, but sometimes the court has to go further.

In serious cases of alienation, the court has demonstrated that it can and will order a change in residence of a child from the alienating parent to the alienated parent if that is in the child’s best interests. An order can then be made for the child to have contact with the perpetrating parent, but it may be that further safeguards and / or conditions are required to make that contact safe for the child and without undermining the alienated parent further. This can mean the involvement of supervision of contact and / or there being a break in contact between the perpetrating parent and the child to allow the relationship with the alienated parent to be re-established.

Support for parental alienation

Cases involving parental alienation can be complex and it is advisable to seek legal advice from a specialist in this area of the law. If you have questions about parental alienation, please feel free to get in touch so one of the team of family law experts at Furley Page can help.

Read more articles by Furley Page.

About Joanne McDonald

Joanne joined the Family law team at Furley Page as an Associate in October 2021.  Joanne is a member of Resolution for Family Law and adheres to a Code of Practice promoting a constructive approach to the resolution of family matters.

Joanne has always had a passion for family law and demonstrates this through her commitment to clients. She understands that the breakdown of a relationship can be distressing and strives to ensure that clients feel supported through the process. As well as relationship breakdown, Joanne advises clients prior to marriage in respect of nuptial agreements and clients who are making the decision to cohabit with a partner and want to ensure clarity of future arrangements.

Contact Joanne McDonald, Associate Solicitor in Furley Page’s family law team on 01634 828277 or email JLM@furleypage.co.uk.

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Is There Any Way of 'Forcing' a Non-Residential Parent to See His/Her Children?
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Is There Any Way of ‘Forcing’ a Non-Residential Parent to See His/Her Children?

Published on
Megan Bennie
Megan Bennie
Family Law Solicitor
Furley Page

For many co-parents, one of the most challenging aspects of separated parenting is when one parent does not choose to spend as much time with their child as the other parent thinks they ought to.   In some cases, a parent may not see their child at all, whether through choice or circumstance.

The short answer to the question of whether a parent can be forced to spend time with their child, which I know will be disappointing for a lot of parents, is no.  If a parent will not spend time with their child, then they cannot be forced to do so.   The courts are not prepared to make orders forcing contact, and it is difficult to see if and how such an order could be enforced, or whether such an order would be beneficial or productive.

It is worth remembering that even if one parent chooses not to see their child, they will still have a responsibility to make child maintenance payments and an application can be made to the Child Maintenance Service if it cannot be agreed directly.

However, where there is already an arrangement in place, by virtue of agreement or a court order, if the arrangement falters, there are steps that can be taken.

There will inevitably be circumstances in which contact does not take place for a period.  For example, illness, holidays, or other life circumstances. Where the change to the contact arrangement is tackled in a way that is sensitive to a child’s needs and courteous to the other parent, this need not be a major issue.

However, in circumstances where the withdrawal from contact/the relationship is for a prolonged period or comes suddenly with no explanation, it can leave children feeling let down, confused and as if they are not a priority.

It can also be distressing for the parent trying to facilitate the contact to see their child upset, and they may feel their efforts are not appreciated, leading to further breakdown in the relationship between the parents.  In such circumstances it may be more appropriate to look at how contact is structured and assess whether a different arrangement might benefit the child and promote contact, allowing for greater consistency.

There are many process options available for these discussions. For example, this could be addressed directly with the other parent, at mediation, by instructing a solicitor or, if all else fails, by making an application to the court:

  • What level is contact set at? The court will bear in mind what is going to be achievable for parents and children.  A parent who struggles to maintain a relationship with very regular contact sessions might be able to achieve less frequent contact, but if that contact is better quality – or actually takes place rather than being cancelled – it could be better for the child involved.
  • By what means is contact taking place? The parent-child relationship may be better maintained by means other than direct face-to-face contact time. Telephone or video calls could bridge the gap, or a parent in difficult circumstances might be able to accommodate those where spending time together in person simply isn’t possible.

For children who might have faced disappointment in the past through repeated or last-minute cancellations, calls or letters might fit more easily into their existing routine and limit the disruption they face, while still maintaining a relationship with the parent they don’t live with.

The age and capability of a child, as well as the effect and perception of any previous issues with contact, are important factors to consider.  What suits one child and promotes positive contact in a particular set of circumstances may not be suitable for another child or another set of circumstances.

If all else fails, the threat that future contact could be reduced can be a ‘stick rather than carrot’ approach to ensuring contact does go ahead.  The court can threaten to or even actually reduce contact, sometimes quite significantly, if it is apparent such a change is in the best interests of the child in question.  However, it would be exceedingly rare to have an order for no contact at all: the court tends to leave a door open for a parent/child relationship to continue except in the most severe of circumstances.

If you have questions about any aspects of child arrangements, whatever your situation, please do feel free to get in touch so one of the team of family law experts at Furley Page can help.

Contact Megan Bennie, Associate Solicitor in Furley Page’s family law team on 01227 763939 or email MEB@furleypage.co.uk.

Read more articles by Furley Page.

About Megan Bennie

Megan Bennie is an Associate in the family law team Furley Page.

Megan joined the team in 2021, having gained valuable previous experience at specialist family law firms featured in the Legal 500 directory.

Megan advises on all aspects of relationship breakdown, whether divorce or separation, including in relation to civil partnerships, dealing with issues such as the appropriate division of finances.

Megan also assists couples seeking to formalise arrangements through pre and post nuptial agreements and cohabitation (or living together) agreements. She can also assist with legal issues arising when cohabitation comes to an end whether there is a cohabitation agreement in place or not.

Megan can provide legal advice on a wide range of areas relating to children including arrangements for contact and who a child lives with, where a child lives (including relocation to another jurisdiction) and in relation to special guardianship and adoption.

Megan is primarily based at the Chatham office but is also available for meetings at either the Canterbury or Whitstable office.

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Lawyer Urges Couples to Plan Pre-Nuptial Agreements Early as Wedding Season Nears
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Lawyer Urges Couples to Plan Pre-Nuptial Agreements Early as Wedding Season Nears

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Joanne McDonald
Joanne McDonald
Associate
Furley Page

A pre-nuptial agreement or ‘pre-nup‘ is a bespoke legal document which sets out how parties agree their finances should be dealt with in the event of a future divorce, which often includes an element of preserving or ring-fencing assets.  

Pre-nuptial agreements are not currently binding in England and Wales, but if completed appropriately with specialist advice, they can be considered to hold significant weight when determining the outcome of financial matters between separating parties.   

Divorce is a fact of life for many people, and those marrying tend to be increasingly aware of the risk of divorce, however much they wish to avoid it.  For those who would like increased certainty as to what will happen to their assets in the future, particularly those who have acquired their own assets at the time of marriage, a pre-nuptial agreement is an attractive option.  

A key factor in determining whether a pre-nuptial agreement might be followed by a court is to ensure that the agreement is concluded in good time prior to the marriage. Taking steps to consult a lawyer five to six months in advance of the intended wedding date is important to give sufficient time to complete the process. 

Whilst the preservation or division of assets may be a concern for those entering a first-time marriage, demand for pre-nuptial agreements is more pronounced among those who are seeking to remarry. With remarriages, parties often have considerations beyond their future spouse, such as inheritances already received, or children from previous relationships. 

Pre-nuptial agreements can save parties considerable legal fees in the event of a future dispute and the cost of not entering one can be significant. Whilst imperfect, pre-nuptial agreements are the only tool currently available to parties to pre-emptively seek to ring-fence or protect assets from being shared upon divorce.

Click here for more articles by Furley Page Solicitors

About Joanne McDonald

Joanne joined the Family law team at Furley Page as an Associate in October 2021.  Joanne is a member of Resolution for Family Law and adheres to a Code of Practice promoting a constructive approach to the resolution of family matters.

Joanne has always had a passion for family law and demonstrates this through her commitment to clients. She understands that the breakdown of a relationship can be distressing and strives to ensure that clients feel supported through the process. As well as relationship breakdown, Joanne advises clients prior to marriage in respect of nuptial agreements and clients who are making the decision to cohabit with a partner and want to ensure clarity of future arrangements.

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Steps towards compassionate leave during divorce 
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Steps towards compassionate leave during divorce 

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Eleanor Rogers
Eleanor Rogers
Solicitor
Employment Team
Furley Page

The Positive Parenting Alliance (PPA) initiative urges employers to treat a separation as seriously as other major life events, and is encouraging employers to implement policies specifically aimed at supporting those going through divorce or separation. Asda, Metro Bank, NatWest, PwC, Tesco, Unilever and Vodafone are among a group of major businesses that have already signed up to offer more support. 

It is widely recognised that a separation or divorce can be akin to a bereavement, so the PPA’s new initiative is an important step towards getting employers to acknowledge the impact of relationship breakdown on their employees.  

Anyone who has gone through a separation or divorce will know that it is often a difficult, complex and stressful time and for many who are working during this period, it can understandably have an impact on their performance, especially when the parties are dealing with the settlement financial matters or arrangements for their children. 

Josie Triffitt
Josie Triffitt
Solicitor
Family Law Team
Furley Page

In a recent survey by the Positive Parenting Alliance, 90% of respondents stated that separation affected their ability to work and 95% said that their mental health was adversely affected, while more than half of the workers feared they could lose their job or thought about resigning. However, only 9% of employees said that their employers had a specific policy for separation and divorce. 

In the absence of any such policy, the way that a separating or divorcing individual is treated will depend on their line manager’s approach, which may mean that employees are not treated consistently. Furthermore, in this world of hybrid working, issues such as mental health and wellbeing can be harder to spot. 

Employers can have a huge influence by ensuring that their employees feel supported, which in turn supports productivity and staff retention. The PPA’s new initiative is a positive step in the right direction, and going forward it is going to become more important for employers to put meaningful policies in place to provide assistance and support to staff as they cope with the impact of issues like separation or divorce.

Click here for more articles by Furley Page Solicitors

About Eleanor Rogers

Eleanor is a Solicitor in the Furley Page Employment team who regularly advises on all aspects of employment law.

She has a particular focus and interest in discrimination law and has brought and defended numerous high value/complex discrimination claims. She is instructed by a broad range of commercial clients and individuals, providing advice at all levels, and takes great pleasure in securing a fantastic outcome for them.

About Josie Triffitt

Josie Triffitt is a Solicitor in the Furley Page family law team.

Josie qualified as a solicitor with Furley Page and joined the Family Law Team in January 2022. Josie advises on divorce, financial matrimonial matters, and child arrangement issues.

Josie joined Furley Page in 2019 when she began her Training Contract with the firm. During her Training Contract, she completed seats with the Commercial Real Estate Team and the Dispute Resolution Team. For her final seat, Josie joined the Family Law Team where she gained exposure to a diverse range of family matters.

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protect myself online during my divorce
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How do I protect myself online during my divorce?

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Naomi Hayward - Furley Page Solicitors
Naomi Hayward
Partner & Collaborative Lawyer
Furley Page

January has long held the unofficial moniker of ‘Divorce Month‘ due to the customary influx of new divorce enquiries following the Christmas holiday season.

2022 was a year of great technological change for the divorce courts in England and Wales with the move to online divorce proceedings through the court’s new online portal. Yet, while technology is helping to modernise the process of divorcing, it can also present challenges for the couples who are looking to separate.

With most of us now heavily reliant on technology in our everyday lives, it’s no surprise that couples become digitally linked in all sorts of ways, yet I often advise clients who have not considered the various ways their digital lives are intertwined with their ex-partner, or how this information could be used against them during the divorce, or afterwards.

It is essential that individuals seeking a separation or divorce from their partner take steps to protect themselves, their privacy and their personal information, including online.

How can you protect yourself when going through separation: 

  • Change your passwords on all your online accounts, including email, social media, phone, online banking/payments platforms and any apps, and ensure they are not changed to anything your ex-partner could guess. Also turn off any autocomplete or ‘remember me’ functions on all web browsers you use.

  • Create a new email address for legal correspondence to make it more difficult for someone to access your messages, and to keep all correspondence about your divorce in a single location for ease of reference.

  • Auto syncing of devices should be turned off from all devices to ensure information (e.g. photos or documents in the cloud) is no longer automatically uploaded to any shared accounts or devices.

  • Remove personal documents and files from any shared devices and disable any shared calendars.

  • Disable any ‘find my phone’ apps to stop your ex from being able to see your GPS location.

  • Delete any unfamiliar apps and software in case there is tracking or monitoring that you are not aware of. 

  • Change the passwords to any doorbell cameras and CCTV at your property so your ex cannot log in or monitor the feed. 

  • Change the password to your Wi-Fi router if your ex has moved out.  This is especially important if you have concerns that there may be monitoring devices in the house or you are worried you might have missed some devices which need to be disconnected. 

  • Review all your social media privacy settings and do a general audit of your posts. Consider making your photos and posts private; you may also consider removing friends or restricting access to particular information if you are concerned about information being passed on to your ex. If your friends are avid social media users also consider speaking to them about what and how they post about you.

  • Don’t post anything about your separation or any legal proceedings on social media.  As cathartic as it may feel to get things off your chest, this can cause a lot of animosity and you could be breaching privacy laws or find yourself facing civil proceedings.  You could even find your posts being held against you in any future proceedings, especially those involving your children so it’s best avoided altogether. 

  • Try to agree ground rules with your ex for social media and your children about what will and will not be shared about the children publicly or to closed groups of friends.  If you can agree this at the outset it should hopefully save any disagreements in the future. 

There are many reasons why it is important for individuals to be tech-savvy and protect their privacy and information in this digital age. Separating couples need to be especially mindful that their ex-partner may look to take advantage of any information they can access. It is essential that individuals take appropriate steps to ensure they disentangle themselves, both physically and technologically, when separating.

Click here for more articles by Naomi Hayward

About Naomi

Naomi Hayward joined Furley Page in 2008. Naomi has developed a strong practice in all aspects of family law which includes: Asset protection on relationship breakdown, Complex child related disputes, Collaborative law, Pre and post nuptial agreements, Applications to remove a child from the country and specific issue applications.

Naomi has a particular specialism for complex, high net worth financial matters and complex child arrangements and disputes.

Naomi recognises that leaving a relationship is difficult and can have devastating effects on the whole family. She is committed to finding constructive solutions that help clients separate with dignity.

Naomi has access to experts who can assist when required, such as accountants, financial advisers, pensions experts, therapists and trusts lawyers.

Naomi also became a collaborative lawyer in 2014 meaning that she is able to offer clients an alternative method of resolving family disputes rather than the traditional method of solicitors’ correspondence and court proceedings.

Collaborative law involves the parties and their collaborative lawyers having informal discussions and joint meetings for the purposes of settling all issues in a dignified and respectful way. This is a non-confrontational approach with an aim of achieving family led agreements that suits you and your family to help couples remain as amicable as possible.

As well as being a member of Resolution, Naomi is active throughout the Resolution organisation both at a national and regional level. Naomi currently sits as Vice-Chair of the Kent Resolution Committee and as a member of the National Resolution Wellbeing Committee.

Naomi divides her time between the Canterbury, Chatham and Whitstable offices and is available at all three sites.

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A solicitor and client shaking hands sat at a desk with paper work.
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Solicitors still key to successful separation, despite introduction of ‘no-fault’ divorce 

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Megan Bennie
Megan Bennie
Family Law Solicitor
Furley Page

While it may be tempting to think that no-fault divorce makes lawyers unnecessary to the process, this is far from the case. Taking advice from a solicitor, even if it’s only a single appointment early in the process, can ensure any application starts off correctly and stays on the right track so that it is ultimately concluded in a way that is as efficient and stress free as possible. 

Following the introduction of ‘no-fault‘ divorce in April 2022, one or both spouses now simply need to confirm the marriage has broken down irretrievably. The language used has been simplified and the forms are now accessed through an online portal, which has made the application process for divorce (or dissolution where there is a civil partnership) a lot more straightforward. 

Nevertheless, for most separating couples the divorce application is only one part of the separation process, and sorting out finances and child arrangements can prove much more contentious and challenging.  

Financial matters, particularly the daunting prospect of safeguarding one’s long-term financial future after separation, can be a hugely emotive topic. Many people find that having a solicitor as a ‘buffer’ between themselves and their former partner can help them manage the separation and financial negotiation process a lot more easily. 

Furthermore, a solicitor can be very helpful in dealing with the many complex rules and guidelines that determine what a court would consider a fair financial settlement in that family’s particular circumstances.

As the online divorce process does not formalise the financial settlement, a separate court order (known as a consent order) will still be required, which needs to be properly drafted by a solicitor and approved by the court, even in cases where there is agreement between both parties. A solicitor will also ensure that all aspects of the settlement have been considered, including tax implications and pensions. 

One of the primary concerns our clients have is making suitable, fair arrangements for the care of their children, both in terms of how they will deal with the relationship breakdown and what living arrangements will be put in place thereafter. 

A solicitor can negotiate on their client’s behalf in relation to child arrangements and support them through the court process if this becomes necessary, although for most family’s mediation led by an independent, specially trained third party will be the most suitable route for resolving matters concerning children.  

The best outcomes are achieved through cooperation as, for the most part, separating couples want the same thing: a fair division of their finances to be completed swiftly so they can move forward with their lives. Instructing solicitors who are committed to resolving disputes in a swift, constructive and, if possible, amicable way can make a huge difference to outcomes, costs and stress levels. 

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About Megan

Megan Bennie is an Associate in the family law team Furley Page.

Megan joined the team in 2021, having gained valuable previous experience at specialist family law firms featured in the Legal 500 directory.

Megan advises on all aspects of relationship breakdown, whether divorce or separation, including in relation to civil partnerships, dealing with issues such as the appropriate division of finances.

Megan also assists couples seeking to formalise arrangements through pre and post nuptial agreements and cohabitation (or living together) agreements. She can also assist with legal issues arising when cohabitation comes to an end whether there is a cohabitation agreement in place or not.

Megan can provide legal advice on a wide range of areas relating to children including arrangements for contact and who a child lives with, where a child lives (including relocation to another jurisdiction) and in relation to special guardianship and adoption.

Megan is primarily based at the Chatham office but is also available for meetings at either the Canterbury or Whitstable office.

 

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UK couples turning to 'pet-nups' to help resolve disagreements over pets when relationships break down 
Photo by Jamie Street on Unsplash

UK couples turning to ‘pet-nups’ to help resolve disagreements over pets when relationships breakdown 

Published on
Megan Bennie
Megan Bennie
Family Law Solicitor
Furley Page

With around 60% of UK households owning a pet, it’s no surprise that who gets custody of any animals can be a key area of negotiation when relationships break down. 

For many people a pet is not just an animal, it’s a fully-fledged member of the family, so it’s no wonder that pets can be a particularly emotive topic for clients when relationships end. Unfortunately, a pet’s treatment by the law hasn’t kept up with the way they are generally viewed by their owners. 

In the UK, the law treats pets as possessions, meaning in a divorce case, a beloved pet would, in theory, be treated by a Court as no different from an armchair or television. 

In reality, the Courts rarely deal with cases regarding pets for a variety of reasons, notably the cost of bringing legal action. When the Court does deal with animal matters, its focus is generally on who is the legal owner or provides the majority of the animal’s care.  

For most people, cases are settled away from the Courtroom through direct discussions between the adults involved, with the needs of the pet and the wishes of any children in the family ideally being a consideration too.  

Some couples are also using ‘pet-nups’ to pre-empt or avoid difficult issues that could arise should a relationship break down. Although not legally binding, the pet-nup can be an essential tool in avoiding stressful and expensive disputes at a later date and keeping the matter out of the Courtroom, and could be taken into consideration if the matter were to end up in Court. 

Where issues can’t be resolved directly or there is no pre-existing agreement, a lawyer can help by negotiating on a client’s behalf to try to ensure they achieve what they want for their pet, whether that’s continued ownership, visitation, or just to know the pet will be well cared for. 

Mediation is another option, whereby an independent third party can help a former couple to work their way through the issues around pet ownership in much the same way they would with issues relating to children of finances. 

Click here for more articles by Furley Page

About Megan Bennie

Megan Bennie is a family law solicitor at Furley Page.  Megan joined the team in 2021, having gained valuable previous experience at specialist family law firms featured in the Legal 500 directory.

Megan advises on all aspects of relationship breakdown, whether divorce or separation, including in relation to civil partnerships, dealing with issues such as the appropriate division of finances and ongoing arrangements for children.

Megan also assists couples seeking to formalise arrangements through pre and post nuptial agreements and cohabitation (or living together) agreements.

Megan is primarily based at the Chatham office but is also available for meetings at either the Canterbury or Whitstable offices.

www.furleypage.co.uk

 

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Concerns raised that Depp/Heard trial could discourage domestic abuse survivors from seeking help 
Photo by Brett Jordan on Unsplash

Concerns raised that Depp/Heard trial could discourage domestic abuse survivors from seeking help 

Published on
Megan Bennie
Megan Bennie
Family Law Solicitor
Furley Page

There are concerns that the ongoing defamation case between Johnny Depp and Amber Heard in the USA is creating an atmosphere that might discourage domestic abuse victims in the UK from coming forward to seek help. 

Depp is suing his former wife for defamation following a newspaper article in which she identified herself a victim of domestic abuse, despite the article not explicitly naming Depp. Amber Heard is counter-suing her former husband, also for defamation. 

The American proceedings have been very public and have seen a huge wave of support for Johnny Depp, and positively venomous coverage of Amber Heard and the evidence she has given, despite the proceedings not even having concluded.    

Family lawyers in this country have watched with increasing concern for victims of domestic abuse seeking help here.  Anecdotal evidence suggests the hearing has made victims reluctant to seek help, fearing matters of a very sensitive and private nature could be made public and potentially expose them to harm or ridicule.  

This is very concerning, as it is essential that the victims of domestic abuse are able to seek support. Fortunately, cases are dealt with very differently in the Family Court to the proceedings being shared from the current Depp/Heard trial.

For example, in the UK Family Court hearings about children and domestic abuse are not attended by members of the public or the media, only the people directly concerned can attend together with their legal advisers. There is no jury and a Judge will make the final decision in the case.    

So-called ‘special measures’ are available for the victims of domestic abuse to shield them from their abuser during a hearing or when giving evidence.

Unlike with the Depp/Heard trial, the content of the Family Court proceedings is private and the way questions are put to witnesses is very different.  

Written evidence is only supplemented by oral questions and answers where it is strictly necessary and, where oral evidence is required, the alleged abuser will not be allowed to directly question the alleged victim.

The questions that lawyers can ask must be necessary to progress the case and should be put in a courteous manner to both parties. Family Court hearings are usually very brief, with most lasting less than a day. 

The first step in tackling domestic abuse is speaking to someone, so it is very worrying to hear that some victims may feel unable to come forward to seek help as a result of the ongoing Depp/Heard defamation case.

Fortunately, in the UK Family Court measures are in place to ensure confidentiality and safety for those concerned.

Click here for more articles by Furley Page

About Megan Bennie

Megan Bennie is a family law solicitor at Furley Page.  Megan joined the team in 2021, having gained valuable previous experience at specialist family law firms featured in the Legal 500 directory.

Megan advises on all aspects of relationship breakdown, whether divorce or separation, including in relation to civil partnerships, dealing with issues such as the appropriate division of finances and ongoing arrangements for children.

Megan also assists couples seeking to formalise arrangements through pre and post nuptial agreements and cohabitation (or living together) agreements.

Megan is primarily based at the Chatham office but is also available for meetings at either the Canterbury or Whitstable offices.

www.furleypage.co.uk

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Couples still need lawyers to arrange financial settlements despite ‘No Fault’ divorce reforms
Photo by Towfiqu barbhuiya on Unsplash

Couples still need lawyers to arrange financial settlements despite ‘No Fault’ divorce reforms 

Published on
Megan Bennie
Megan Bennie
Family Law Solicitor
Furley Page

Financial settlements remain contentious during divorce proceedings, despite new ‘no fault’ reforms designed to simplify the separation process.

It remains essential for couples to seek professional legal advice when dealing with financial issues during their divorce.

The new no fault divorce system will improve couples’ ability to deal with divorce in a co-operative and constructive manner, which is certainly welcome, and couples now have the opportunity to apply jointly to the Court via the new online platform and to handle to process together.

However, there are still a number of areas in which using a lawyer will be highly advisable, particularly where financial matters are concerned. Despite efforts to simplify the process, the way finances are dealt with during divorce remains complex. There is a long list of factors to take into consideration, as set out in the Matrimonial Causes Act 1973, Section 25.

It is essential to get a good understanding of your financial rights and obligations as soon as possible. Entering into negotiations without first understanding what you might be entitled to, or required to provide, can create an unrealistic expectation on your spouse’s part that they could struggle to move on from, even if they then take professional advice at a later stage.

It is also advisable to settle financial matters within the divorce process because once the final order is made, entitlements to certain financial benefits as a spouse will cease immediately.

Furthermore, to have the financial settlement formally concluded it will need to be drawn up by a family solicitor in such a way to ensure the terms are approved by the Court and are formally binding on each spouse.

The Divorce, Dissolution and Separation Act 2020 came into force from 6 April 2022 and introduced wide-ranging reforms. Under the new system, the acrimonious conduct allegations, and need to evidence separation, have been replaced by a simple statement of irretrievable breakdown.

Click here for more articles by Furley Page

About Megan Bennie

Megan Bennie is a family law solicitor at Furley Page.  Megan joined the team in 2021, having gained valuable previous experience at specialist family law firms featured in the Legal 500 directory.

Megan advises on all aspects of relationship breakdown, whether divorce or separation, including in relation to civil partnerships, dealing with issues such as the appropriate division of finances and ongoing arrangements for children.

Megan also assists couples seeking to formalise arrangements through pre and post nuptial agreements and cohabitation (or living together) agreements.

Megan is primarily based at the Chatham office but is also available for meetings at either the Canterbury or Whitstable offices.

www.furleypage.co.uk

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