Nelsons Solicitors

12 result(s) found.

Image by freepik

Family Mediation Week: All the Ways Mediation Can Help During Divorce

Published on
Gayle Rowley
Gayle Rowley
Partner, Solicitor & Mediator
Nelsons Solicitors

This Family Mediation Week (27th Jan – 31 Jan), partner and specialist family lawyer Gayle Rowley is discussing why mediation has become such a popular choice and the benefits it can bring to separating couples.

Although mediation has been around for years, with celebrities such as Tom Cruise, Britney Spears, Jude Law, and Adele all having opted for mediation to resolve their marital disputes, in recent years there has been a rise in using this option to preserve relationships between couples and their wider families.

Gayle, who last year received a full accreditation with the Family Mediation Council, recognising her specific training and commitment to this area of non-Court dispute resolution (NCDR), said: “Every January marks the renewal of discussion around divorce day, with headlines citing ‘the surge in marriage breakdowns’ or ‘the top reason for splitting up’. Headlines like these don’t always tell the whole story, and it’s important to focus on how divorce and separation can be handled in a more positive way.

“Mediation offers divorcing couples a chance for a win-win resolution that involves spending less time and money – allowing them to feel truly empowered in their decisions.

“We have seen an influx of mediation enquiries recently and mediation has certainly become more popular and a way to avoid costly and stressful court proceedings in the right circumstances.”

Family Mediation Week aims to raise awareness of the benefits of mediation and encourage separating couples to think of mediation as a way of helping them to take control, make decisions together and build a positive future for their family.

Mediation allows more open and honest discussions, as proposals put forward during sessions cannot be revealed in Court.

For many, mediation is often recommended when children are involved, to ensure couples are prioritising the wellbeing of their children during this time.

Gayle added: “Mediation is better for children. The process can be significantly less traumatic than for couples who end up in court as it promotes better communication and reduces conflict, while prioritising what is best for the whole family. It also helps avoid larger legal bills, which will be vitally important for most families.

“Courts are still exceptionally busy. Clients can expect a divorce and financial proceedings to take anything from six months to 18 months or more, whereas mediation can help to bring a resolution in as little as a few months.

“Perhaps most importantly, mediation puts the control into the clients’ hands. Going down the litigation route eventually leads to a decision from a judge, meaning one or in fact both parties may end up with an outcome that they do not want, having spent a considerable amount in legal fees.”

About Gayle Rowley

Gayle is a Partner, Solicitor and FMC Accredited Mediator at Nelsons Solicitors. She qualified as a Solicitor in 1997 and worked in our team from 2001 to 2013, and then re-joined the team in December 2020, following our acquisition of Glynis Wright & Co.

Gayle specialises in family law, advising and mediating divorce and separation cases, often involving complex financial settlements. Gayle also advises and mediates in relation to private children law matters, including the resolution of children arrangements, parental responsibility and specific issue orders, and prohibited steps orders

You might be interested in

Grandparents' Rights: What Happens When Your Grandchildren's Parents Divorce?
Image by Drazen Zigic on Freepik
//

Grandparents’ Rights: What Happens When Your Grandchildren’s Parents Divorce?

Published on
Rina Mistry
Rina Mistry
Senior Associate & Solicitor
Nelsons Solicitors

When two parents decide to divorce, there is of course a ripple effect on other members of the family, including children and grandparents. Rina Mistry, senior associate specialising in family law at leading East Midlands law firm Nelsons discusses the legal rights of grandparents, and the challenges that can come up during a parental divorce.

Grandparents play an important role in their grandchildren’s lives – they often act as secondary guardians, they may be involved in special occasions like birthdays and family events, and they can be a link to a grandchild’s traditional culture or religion.

Separation and divorce in any family is an unsettling and uncertain time, with potentially new living arrangements and changes to routines for children and other relatives.

There is often an assumption that grandparents have automatic rights to see their grandchildren, when unfortunately, this is not the case. The law does not give grandparents (maternal or paternal) any automatic rights to be in their grandchild’s lives. This means that if parents choose to keep their children away from grandparents, they are free to do so. This can have a significant impact on the grandparent-grandchild relationship.

Challenges

Grandparents may face a number of hurdles when navigating their grandchildren’s parents’ divorce. Communication may become more challenging, particularly between ex-spouses, which can make it hard to keep contact with grandchildren – especially those that are very young.

In more serious situations, there can be the issue of parental alienation – usually this happens when one parent intentionally tries to damage the relationship between the other parent and the children by speaking badly about them or enforcing negative views. This can also happen with grandparents, which can be traumatic for grandchildren who may have had a close bond previously.

Talking it out

Despite not having automatic rights, grandparents still have options available to them. The first and usually the most effective is to try resolving all issues between the adults, whether it is directly or via the mediation process.

The situation can vary from case to case; it may be that the relationship between the adults has broken down or the grandparents are concerned for the children, and in an attempt to intervene they are denied any further time with the grandchild.

If legal advice is needed, grandparents will always be asked whether or not they have attempted to speak with the parents of the child to try and resolve the issues and further consideration will be applied as to whether correspondence from solicitors may assist to resolve the issues amicably.

If an agreement cannot be reached and a referral to mediation has not yet been made, this will be the next step. Mediation is not only a better option to try and resolve the issues but also far more cost-effective than making an application to Court. Compulsory attendance will be needed at a Mediation Information and Assessment Meeting (MIAM). There are exemptions available, for example if the grandchild is at significant risk of harm, but in most cases, the Court will expect grandparents to attempt to resolve issues through mediation. 

Court application

If mediation is considered inappropriate or is refused by the other party, then the only available option is making a formal application to Court to resolve the child arrangements. This is the last option most solicitors would advise, however, this may be the only available option if all else has failed.

As grandparents hold no parental responsibility, they will need to first ask the Court for permission before being able to make an application for a Child Arrangements Order. If the Court grants permission, then a formal application for a Child Arrangements Order can proceed. However, if the Court does not grant permission, progress would go no further.

Like all applications, the Court will consider each matter individually but must take into account the following:

  • The nature of the application
  • The applicant’s connection with the child
  • Any risk of the proposed application disrupting the child’s life to the extent that they would be harmed by it.

If Court is the only option available, then it is highly recommended that you seek independent legal advice regarding your position and next steps.

Maintaining relationships

Whatever course of action is taken, respectful communication is highly encouraged throughout the process between not only parents but all family members. Not only does this support a more efficient process, but it limits the emotional impact on children and paves the way for better relationships in the future.

Grandparents should take the same approach to not speak negatively about either parent in front of their grandchildren and instead look to focus on their best interests and ensuring they feel cared for and supported.

For more information on grandparents’ rights during a parental divorce, please contact the expert family law team at Nelsons, by visiting www.nelsonslaw.co.uk/personal-legal-services/family-law-solicitors/children-law

About Rina Mistry

Rina Mistry is a Senior Associate in Nelsons’ expert Family Law team, specialising in complex Private Children Law and focusing on several niche areas. These include parental alienation, cross-border jurisdictional disputes, and cases involving serious allegations of harm. She also handles matters related to internal and external relocation, whether temporary or permanent and international child abduction. Additionally, Rina is experienced in private children matters where a child or parent is neurodiverse, surrogacy, applications on behalf of grandparents, and same-sex parenting cases.

Rina takes a client-focussed approach and aims to achieve the best possible outcome for all her clients, considering and tailoring her advice to each individual set of circumstances, whilst always ensuring that the children’s best interests remain at the forefront.  Rina can support her clients in direct negotiations concerning arrangements, issuing a Court application or using alternative dispute resolution, such as mediation or arbitration.

Alongside children-related matters, Rina is also experienced in advising on all matters arising out of divorce and separation.

You might be interested in

Agreeing Living Arrangements for Autistic Children When Separating
Photo by Daiga Ellaby on Unsplash

Agreeing Living Arrangements for Autistic Children When Separating

Published on
Rina Mistry
Rina Mistry
Senior Associate & Solicitor
Nelsons Solicitors

According to statistics, there is an increased risk of separation between parents of children with autism due to the challenges posed by the condition placing an additional strain on the relationship.

Agreeing on living arrangements for autistic children when parents are separated can be a complex and challenging process. Rina Mistry, senior associate from Nelsons solicitors is outlining some of the steps and considerations that may help in such situations.

Child’s best interest

First and foremost, it is vital that the child’s well-being and best interests are prioritised over and above personal differences. Parents must consider the child’s unique needs, routines, and preferences when deciding on living arrangements. This must be made a priority; the focus is the children’s best interests and not the interests of the parents.

Open communication

Parting couples need to maintain an open, respectful, and constructive communication with the other parent. Discussing the child’s needs, strengths, challenges, and potential living arrangements should be carried out in a calm and constructive manner. This does not necessarily need to be in person, and it is now very common for parents to use court-approved apps as an effective way of co-parenting.

Parents need to acknowledge and respect the other parent’s role in their child’s life. A positive relationship between the child and both parents should also be encouraged.

Consistency and routine

Children with autism often display repetitive behaviours and interests, meaning that they benefit from having a strict routine in place. One way in which to do this would be for the parents to remain living in the family home together. However, this might not be practical in the circumstances and could certainly present difficulties.

Nesting or birdnesting is becoming increasingly popular among separating parents and can provide a short-term solution to the arrangements for the children while long-term plans are being made. The advantage of a nesting arrangement is that the children will remain in the family home (the nest), while the parents leave and return to the property sequentially.

At the very least, parents need to aim for consistency and stability in their child’s living environment and routines. This could include creating a schedule that allows the child to adapt comfortably between both parents’ homes.

Collaborative decision-making

Parents should seek to collaborate on and agree on a detailed parenting plan that includes the child’s specific needs and care requirements and the living schedule, including weekdays, weekends, holidays, and vacations.

The parenting plan should address how both parents can support the child’s therapies, schooling, medical appointments, and any other important decisions that need to be taken and agreed upon.

Flexibility and adaptability

It is important to be flexible and willing to adapt the living and contact arrangements as the child’s needs change over time. Parents are also advised to maintain a cooperative approach, allowing adjustments when necessary.

Professional input

Based upon the circumstances, advice from therapists, educators, or healthcare professionals who understand your child’s needs may need to be obtained. Their insights and recommendations can provide guidance in creating suitable living arrangements.

Documentation

Separating couples should keep records of all agreements and modifications made regarding their children’s living arrangements. Written documentation can help prevent misunderstandings and serve as a reference if conflicts arise.

Self-care

Finally, take care of yourselves as parents. Managing a child’s needs, especially one with autism, can be demanding. Ensure you have a support system and take time for self-care to manage stress effectively.

Remember, each situation is unique, and what works for one family may not work for another. Flexibility, empathy, and a child-centred approach are key in finding suitable living arrangements that meet the needs of an autistic child in a separated family.

Guidance and advice from a specialist family law solicitor can be instrumental in navigating these challenges and can ensure clarity and enforceability in the arrangements made.

Read more articles by Nelsons Solicitors.

About Rina Minstry

Rina qualified as a Solicitor in 2013 and joined the expert Family Law team at Nelsons in December 2020 as a Senior Associate, following its acquisition of Glynis Wright & Co.

Rina advises on a wide range of family law work, including divorce, civil partnership dissolution, finances, separation agreements, child arrangements, parental responsibility, cohabitation/living together agreements, Prohibited Steps and Specific Issues Orders, child relocation, parental alienation and domestic violence.

You might be interested in

An empty magistrates court room.
Photo by gov.uk.

Why Court Should be the Last Resort When Divorcing

Published on
Lisa-Marie
Lisa-Marie Leanders
Partner
Nelsons Solicitors

At the beginning of 2022, it was predicted that divorce rates could surge by more than 50% in the UK. The impact of pandemic lockdowns, pressures due to the cost of living increases and changes in legislation such as the no-fault divorce, could all be contributing factors to this.

A top judge has recently raised the issue that around one-fifth of divorces are wrongly ending up in court, which results in a lengthy legal process that could be harmful for those involved. Here, we discuss how the courts can be avoided when obtaining a divorce.

Going to court can be a grizzly affair that can leave both parties worse off than if they avoided it altogether. And contrary to what might seem typical, there are other, better ways to facilitate separation from a spouse than by ending up in the courtroom. Here are some top tips to avoiding the courts during divorce proceedings:

Explore the other options open to you

Family mediation has the aim of encouraging separating couples to sit down together, work out solutions to the financial and/or children-based issues that can arise as part of a divorce, and reach an amicable agreement that suits both parties.

Other processes that can be used to avoid court are collaborative law, where each party selects a specialist family solicitor and engages in a series of four-way meetings to try to reach an agreement. Another process is arbitration, which involves the couple agreeing to put their case to an arbitrator who is appointed to settle the matters in dispute, much like a judge.

There are a number of advantages to pursuing alternative dispute resolution methods and keeping matters out of court. Firstly, it can help all members of the family unit – including, most importantly, the children – move on to the next stage of their lives more quickly.  Secondly, it is not as adversarial as court processes can be, meaning it’s more likely that the parties will be able to maintain important family relationships after the divorce is concluded.

Communication is key

It is normal to feel intense emotions when going through a divorce, but it is important to try and keep these out of the proceedings. Clear communication throughout helps to ensure court can be avoided in order to reach an amicable and swift separation agreement.

Shortening the process also means there’s less time and opportunities for unpleasant feelings to develop and grow, making it easier to move on from the divorce and keep a level of civility which is particularly important for any dependents..

Be realistic

It’s important to understand that by avoiding court, it is the parties who achieve their own settlement. As such, this offers couples peace of mind that, from the very beginning of the process to the conclusion, they are in charge and retain an element of control over the outcome.

However, it is also important for the client to have realistic expectations of what they are entitled to during divorce proceedings, to ensure a swifter agreement is reached, without needing to take it to court. If you are unsure of what to expect, it can be a good idea to talk to a legal professional before the divorce proceedings or any financial negotiations start.

Ultimately, avoiding litigation can help to settle differences without the hostility that can be brought about by court proceedings, which is especially important if there are children involved, as well as providing a quicker process to help the couple move forward with their lives.

Click here for more articles by Lisa-Marie

About Lisa-Marie

Lisa-Marie is a Partner and Solicitor. She qualified as a Solicitor in 2003, was part of the Nelsons’ expert Family Law team from 2010 to 2016 and rejoined the team in December 2020.

Lisa-Marie specialises in family law and advises on divorce and financial settlements which involve complex issues and substantial assets. She also advises on pre and postnuptial agreements, separation agreements and cohabitation agreements along with private law Children Act disputes. Lisa-Marie is a qualified collaborative practitioner.

 

You might be interested in

Divorced abroad

I got Divorced Abroad, is it Valid in England?

Published on
Layla Babadi
Solicitor
Nelsons Solicitors

When it comes to divorce and family law, different countries’ approaches can vary enormously.

Recognition of a foreign divorce is important as it can affect your ability to remarry and cause issues in relation to wills and inheritance, welfare benefits, marital status, and the financial remedies available to the parties involved.

My divorce was dealt within a European Union (EU) country – do I have a problem?

Divorces granted in EU member states will more than likely be acknowledged in England. Certificates of divorce that are properly translated and certified are valid across the whole of the EU.

What if my divorce was dealt with outside the EU?

This is where you may have a problem – divorces dealt with outside of EU member states may be more difficult to prove valid.

The Family Law Act 1986 generally qualifies between divorces which have taken place through a court order that is equivalent to that in England. In some countries, divorces may be dealt with outside of court and may not be as formal – this runs the risk of your foreign divorce not being considered valid in England.

What criteria must be met for my foreign divorce to be valid in England?

In order for your foreign divorce to be valid in England, the order itself must be valid under the law of the country in which it was obtained. Secondly, you or your ex-partner must legally be considered as a resident or national of that country when the order was sought.

When might a foreign order of divorce be refused recognition in England?

There are a number of reasons why a divorce might be refused. Just one example is that there may not be an official certificate documenting the divorce or it could be that one party member was not able to participate in the proceedings.

Obtaining recognition of your foreign divorce in the UK can be extremely complex and I strongly advise anyone who is unsure to contact a legal professional in the UK to ensure their divorce is valid and there could be no repercussions down the line.

About Layla

Layla Babadi qualified as a solicitor in 2005 and joined Nelsons in 2015. Layla specialises in divorce and separation, with a particular emphasis on international divorce law. She also advises on pre and post nuptial agreements and separation agreements.

 

Feature Photo by rawpixel.com on Unsplash

You might be interested in

Divorce with a business involved

Going through Divorce with a Business Involved

Published on
Victor Collins
Partner and Solicitor at Nelsons Solicitors

The family business comes in all shapes and sizes and in view of this can often be the most difficult financial settlement to conclude following a divorce.

In today’s uncertain economic climate there are potential storms on the horizon for the family business and in the event of a divorce, the business needs to be protected as quickly as possible for its survival and commercial viability for the future.

Why are there complications in these circumstances?

Dealing with the family business following divorce can raise many complex issues involving inheritance, financial contributions and other family members having a share or interest in the business.

How do the courts decide who gets what?

Historically, the family court and trial judge would seek to protect the family business from being heavily involved in a matrimonial settlement in order to avoid the business having to be sold. In view of the position, it was previously possible to try and ‘ring-fence’ the business. However, the position has changed following the case White v White 2001.

In the case, the court dealt with a 33-year marriage and assets totalling £4.6 million, the main being the family farming business. The case went to The Supreme Court, where Mrs White was awarded £1.69 million, 40% of the matrimonial assets, which resulted in the business having to be sold in order to provide Mrs White’s settlement.

Since the case, the law has leaned towards fairness and dividing the matrimonial assets and courts will only depart from equality where there is good reason to do so.

Understanding the business structure

The first step in resolving the family business is to understand the business structure, of which there are three main types:

1. The sole trader is the owner and controller of the business assets and personally liable for the business and its debts.

2. Partnerships can be formal or informal. There are various types of partnership. In view of the position the business structure can be more complicated. Partnership shares and ownership can vary as can business liability.

3.  A limited company can also be more complicated. This involves the issue of shares and appointment of directors within the company. There can be many owners of the business with restrictions being placed on the transfer of shares in the business.

Having established the family business structure, the next step is to value the business.

How is the family business valued?

The valuation of the family business is a crucial starting point since this determines what is in the ‘matrimonial pot’ for distribution between a divorcing couple.

The valuation of the business will almost always be based upon the current market valuation. Normally the valuation will be by a single joint expert who will be an independent qualified accountant.

In order to carry out the valuation the accountant will require full financial disclosure in relation to the business consisting of financial and management accounts. The accountant may also be instructed to deal with other issues such as: the liquidity of the business in order to raise funds and Capital Gains Tax payable on the transfer of shares, or disposal of the business.

When the family business involves land and buildings then it will be necessary to instruct an estate agent as a single joint expert to provide a valuation of these assets.

What could happen to the family business?

The final stage of the process is to decide how to deal with the family business as a settlement between a divorcing couple.  This will normally involve three options:

1. Putting the business up for sale: This option enables a divorcing couple to sell the business and divide the profits. However, selling the business may not always be practical or feasible for various reasons. It will also mean ‘selling the goose that lays the golden egg’.

2. Buying out the other spouse’s interest: This can involve a cash payment from the business to achieve this object. This can also involve a set-off, for example, one spouse taking ownership of the family business and the other spouse taking ownership of the former family home.

3. Co-owning the family business: For divorcing spouses who do not wish to sell the business then co-ownership of the business is another option. However, this is subject to the spouses being able to continue running the business together and being able to get on.”

Professional advice

It is important for divorcing spouses to ensure the correct professional experts are instructed to deal with the family business on divorce.

This not only involves specialised solicitors but also other professionals to deal with valuation and taxation implications in order to ensure the business is not at risk going forward and at the same time achieving a settlement which is fair and reasonable.

About Victor Collins

Victor qualified as a solicitor in 1983 and joined Nelsons in 2013.

He is a well-respected expert in financial settlements, regularly handling divorce cases with substantial assets with a particular emphasis on those involving a family business.

Victor has also developed a niche specialism advising on pre-nuptial, post-nuptial and separation agreements.

For more information on Nelsons Solicitors please visit www.nelsonslaw.co.uk or call 0115 958 6262.

You might be interested in

How Divorce can Affect Farming Families

Moving on to Pastures New: How Divorce can Affect Farming Families

Published on
Victor Collins
Partner and Solicitor at Nelsons Solicitors

The breakdown of a marriage in any family is an upsetting and emotional experience for those involved.

However, the ramifications and financial upheaval can be considerable and far reaching where a divorce affects a family farm.

There are few other occupations where home and work are so interrelated – the farm is not just a home and business, but a way of life. A farm can involve close family involvement and vested interests and can often be a capital rich, but income light, asset.

Why are there complications in these circumstances?

A farm may have been in the family for a number of generations, resulting in parents and siblings inheriting and sharing the agricultural business. This complex ownership means in the event of a divorce, resolving the family farm as a matrimonial asset can be a very difficult process involving special consideration.

How do the courts decide who gets what?

Where a couple divorces, all assets are taken into account regardless of where they came from. Since the case of White v White 2001, the law has leaned towards fairness when dividing the matrimonial assets and courts will only depart from equality where there is good reason to do so.

However, an equal division of assets and wealth accumulated during a marriage is not always achievable for farmers. This is because of the need to preserve assets that were inherited or owned long before the marriage.

White v White happened to be a case where the parties ran a farm in a farming partnership.

Prior to this case, financial cases tended to be settled based upon a ‘reasonable needs’ basis. This meant that in farming cases it was a lot easier to protect pre-matrimonial assets such as the farm from being sold to fund a divorce settlement.

However, White v White established the principle of fairness. The court ruled that the ‘yardstick of equality’ should be applied so the contribution of both parties to the marriage, and its length, should be taken into account.

This means the financially weaker party should not be disadvantaged and discriminated against when making a divorce settlement.

When a divorce takes place in these circumstances, it is first necessary to ascertain the make-up of the farming business. This includes legal ownership of the land, family trusts and tenancies.

The next stage is to value the farm. In this respect, a specialist valuer is required. It is essential to ensure all aspects of the farm are valued, including land, buildings, farm machinery, livestock and subsidies.

Finally, it is time to divide the farm and the other matrimonial assets.

 How is the farm and other matrimonial assets divided?

Barron J, in her judgement in the Y v Y 2012 case, gave seven factors as a useful guideline and checklist in farming cases relevant to the principle of sharing:

  1. the nature of the assets (e.g. land/property, art, antiques, jewellery on the one hand, and cash or realisable securities on the other);
  2. whether the inherited assets have been preserved in specie or converted in to different assets, realised or even spent;
  3. how long they have been ‘in the family’;
  4. the established or accepted intentions of both the previous holders of the assets and the spouse who has inherited them;
  5. whether they have been ‘mingled’ (for example by being put into joint names of the spouses, or by being mixed with assets generated during the marriage);
  6. the length of the marriage and therefore the period over which they have been ‘enjoyed’ by the other spouse;
  7. whether the other spouse has directly contributed to the improvement or preservation of the inherited wealth.

Protecting your assets

A common mistake and misconception made by farmers and land owners is that a farming asset or business is ‘ring-fenced’ and therefore excluded from any divorce settlement. This is not the case.

The principle of equality established in White v White means that all assets, including the farm, must be taken into account when determining a divorce settlement based upon the requirement of fairness.

However, a trial judge does have the discretion to depart from this basic principle if it becomes clear an equal division of assets is not fair.

This is particularly the case if such a division is likely to damage the farm and business irrevocably.

For these reasons, farming cases can present a number of complex and unique challenges which require an experienced family solicitor specialising in farming cases for their resolution.

For more information on Nelsons Solicitors please visit www.nelsonslaw.co.uk or call 0115 958 6262.

About Victor Collins

Victor qualified as a solicitor in 1983 and joined Nelsons in 2013.

He is a well-respected expert in financial settlements, regularly handling divorce cases with substantial assets with a particular emphasis on those involving a family business.

Victor has also developed a niche specialism advising on pre-nuptial, post-nuptial and separation agreements.

 

 

You might be interested in

Budget 2025: What Families Need to Know When Planning Separation or Divorce
Image by Pexels
/

Budget 2025: What Families Need to Know When Planning Separation or Divorce

Published on
Emma Davies
Emma Davies
Partner
Nelsons Law

The 2025 Autumn Budget brings several tax and financial reforms that could significantly affect separating couples, especially those with complex assets.

Emma Davies, partner and family law specialist at Nelsons, highlights that these updates make it even more important for families to plan ahead. Below Emma outlines the key changes and what they mean for those preparing for separation or divorce.

November’s Budget introduced a series of reforms that will shape how families manage their finances going through separation or divorce, some of these changes carry significant strategic implications.

While many headlines focused on support for lower-income families, the Budget also introduced reforms to the taxation of wealth, property income and investments. These shifts mean that separating couples, particularly those with complex assets, should take specialist advice earlier and plan their financial arrangements with even greater precision.

  1. Increased tax focus on wealth and asset income

A central theme of Budget 2025 is increased taxation on income derived from assets, including investment portfolios, rental properties and other passive income streams.

Why this matters during divorce

  • Asset-related tax liabilities can directly influence the value of a settlement.
  • Transfers of investment assets or property between spouses, traditionally tax-neutral, may now carry more considerations around future tax exposure.
  • Individuals with diversified portfolios will need to evaluate the tax efficiency of keeping or trading certain categories of assets, especially where maintenance obligations are involved.

The opportunity

This is the time to revisit tax planning, both before and during a divorce. With specialist advice and careful planning it is possible to preserve value and reduce future tax exposures.

  1. Property and investment portfolios require new strategy

Reforms affecting property income and the broader taxation of asset-derived wealth mean that real estate portfolios, buy-to-let interests and investment properties require closer evaluation during a divorce.

Potential impacts

  • Rental income may attract different tax treatment, affecting affordability of ongoing financial commitments.
  • Timing of asset disposals, particularly high-value properties or shares, becomes more important.
  • Practical takeaway

During negotiations, it’s no longer just about who gets what, but who can most efficiently hold a particular asset class going forward and it will be important to work in tandem with your family lawyer and other professional advisers.

  1. Pension and long-term wealth planning take centre stage

The Budget includes reforms to pensions and savings support including caps on salary sacrifice pension contributions which means these schemes will become less tax advantageous.  In turn, this affects long-term financial planning during divorce as the ability of divorcing couples to rebuild their pensions post-divorce needs to be considered and may affect how settlements are structured.

For individuals with substantial pension wealth, this means:

  • Greater scrutiny on how pensions are shared or offset.
  • Increased importance of actuarial valuation to ensure fair outcomes.
  • More strategic use of pensions as part of overall settlement structuring.

Given the complexity, specialist advice is highly recommended when reviewing pension division and post-divorce retirement planning.

  1. Tax threshold freezes: A slow-burning impact

Personal tax thresholds remain frozen, effectively pulling more individuals into higher tax bands over time (“fiscal drag”).

For some individuals, this means:

  • Increased exposure to higher tax rates on both earned and investment income.
  • Potential increases in effective maintenance obligations.
  • More need for forward-thinking cash-flow planning post-divorce.

This change subtly but meaningfully affects long-term affordability and financial planning for both parties.

  1. Changes to family benefits: Relevance for blended and larger families

Although primarily aimed at lower-income families, the abolition of the two-child limit for Universal Credit and related child benefits has indirect implications for separated parents, blended families and households with childcare responsibilities split between homes.

For clients with more wealth, the relevance is twofold:

  • It may affect negotiations where one parent has significantly lower income or earns irregularly (e.g. entrepreneurs, directors, or individuals with fluctuating asset income).
  • Where school fees, childcare, and lifestyle expectations are high, these changes may form part of broader discussions about child maintenance and living arrangements.

  1. The landscape is more complex – early planning is essential

The Autumn Budget 2025 creates a more complicated financial environment for separating couples, particularly those with:

  • High-value property portfolios
  • Significant investment income
  • Businesses or shareholdings
  • Trust structures
  • International assets
  • Large pension pots

Strategic advice at the earliest stage is crucial. The way assets are valued, shared, or retained now carries different long-term consequences than it did even a year ago.

Emma emphasises that, despite the added complexity, with the right advice families can still make informed and confident decisions about their future. If you’re considering separation or are in the early stages of divorce, Nelsons’ family law team can help you navigate the Budget’s implications and protect your long-term financial position.

To find out more about Nelsons’ family team, please visit: https://www.nelsonslaw.co.uk/personal-legal-services/family-law-solicitors/

For more information, please contact Huma Mian or Niamh Tracey at Cartwright on 0115 853 2110.

About Emma Davies

Emma is a partner and head the family law team at Nelsons. She qualified as a Solicitor in 2008 and has been at Nelsons since 2009.
Emma advises on divorce and financial settlements which involve complex issues and substantial assets. She also advises on pre and post nuptial agreements and separation agreements along with private law Children Act disputes. Emma is a qualified collaborative practitioner.
Emma’s areas of expertise include divorce, civil partnership dissolution, financial provision, collaborative law, pre-nuptial agreements, post-nuptial agreements, separation agreements, parental responsibility, child arrangements, and prohibited steps orders and specific issue orders.

About Nelsons: 

Nelsons was established in 1983 and provides support to businesses, individuals and families with their legal and investment needs. Nelsons’ experience and depth of resource has also enabled them to offer services to other solicitors through Fusion Legal – a mutually-beneficial referrals and support network for law firms. The firm is recognised by the leading, independently researched Legal 500 and is recommended by them in more than 20 practice areas. The firm is recommended by Chambers and Partners and also features in The Lawyer’s UK 200 Annual Report of the UK’s largest 200 law firms. Nelsons has offices throughout the East Midlands in Nottingham, Leicester & Derby

You might be interested in

Top Tips To Consider When Preparing For Divorce
Photo by Wesley Tingey on Unsplash

Top Tips To Consider When Preparing For Divorce

Published on
Emma Davies
Emma Davies
Partner
Nelsons Law

Going through a divorce is a stressful time that can cause conflict between both parties. Specialist family lawyer and qualified collaborative practitioner Emma Davies shares her top tips with us to ensure as smooth a transition as possible into the next chapter of your life.

Understand your financial situation

One of the important things you will need to consider is the distribution of financial assets. Estimating the value of the marital pot will help give you an idea of what you may be entitled to as the Court’s starting point is equal sharing of matrimonial assets.  Giving consideration to your housing needs and what you would need to purchase your own property taking account of your mortgage capacity is a helpful starting point as the Court has the discretion to depart from equality depending on the needs of the parties and their dependent children.  We’d always recommend keeping a budget of your income and expenses as this will help in determining whether you would be entitled to spousal maintenance and, if so, the appropriate amount.

Collate the paperwork

Gathering together all of the relevant financial documentation is at an early date will save a lot of time moving forward and vastly aid in your preparation. Some of the documents you need to ensure you have are:

  • All bank and building society account statements for the last 12 months;
  • Up to date credit card statements;
  • Redemption statements for loans;
  • Details and documentary evidence of investments;
  • Cash Equivalent Transfer Values for pensions
  • Mortgage redemption statements; and,
  • Property Title information.

You will also need your most recent P60 and payslips if you’re employed, or two years of accounts if you’re self-employed.

Look to the future

It can be very easy to get bogged down in the present and focus only on the current proceedings. However, it’s important to consider if it is possible to become financially independent from your spouse after your divorce and whether it is possible to undertake further training or a change of job to improve your position. While the Court can make an order providing you with spousal maintenance if you cannot meet your income needs,  it will work towards the financial independence of both parties and achieving a clean break focussing on what both parties earning capacity is.

Entitlement to child maintenance is,  in most cases, determined by the Child Maintenance Service.  The online child maintenance calculator on the gov.uk website serves as a useful starting point to ascertain the appropriate amount that should be paid by the non-resident parent.

Document your valuables

Keep a full record of possessions with photographs if possible – this includes the contents of your house, vehicles, jewellery etc.–  if anything goes missing, this provides proof of its existence. Try and agree an amicable division of these chattels as often, the legal cost in doing so are disproportionate to the value of those items.

Don’t act in haste

It can be tempting to make quick decisions such as moving out of the marital home., Take legal advice before making any decisions of this magnitude. Once such decisions are made, going back on that choice can often be far more difficult and could also have an adverse effect on your case.

Seek expert advice

The most important thing to do before starting a divorce is to seek legal advice. Having a solicitor put a strategy in place to help you navigate your way through proceedings will drastically ease stress during what we know can be an overwhelming and emotive time. Solicitors can give you a good indication of where you stand and how divorce will affect you financially. Every case is different, and it’s important you seek advice tailored to your specific circumstances.

About Emma Davies

Emma is a partner and head the family law team at Nelsons. She qualified as a Solicitor in 2008 and has been at Nelsons since 2009.
Emma advises on divorce and financial settlements which involve complex issues and substantial assets. She also advises on pre and post nuptial agreements and separation agreements along with private law Children Act disputes. Emma is a qualified collaborative practitioner.
Emma’s areas of expertise include divorce, civil partnership dissolution, financial provision, collaborative law, pre-nuptial agreements, post-nuptial agreements, separation agreements, parental responsibility, child arrangements, and prohibited steps orders and specific issue orders.

You might be interested in

Is getting divorced online the way forward
Photo by Christin Hume on Unsplash

Digital divorce: Is getting divorced online the way forward post-pandemic?

Published on
Angela Maxfield
Angela Maxfield
Solicitor in Family Law Team
Nelsons’

Many areas of life that are usually dealt with in person have been conducted online during the pandemic – and divorce proceedings are no exception.

As the COVID-19 restrictions ease, however, and near-normal service starts to resume, will digital divorces become the way forward or will clients return to their solicitors’ offices and courtrooms?

Are more divorcing couples now having digital divorces?

Most mediators only offer virtual meetings, while court hearings take place via phone and video. Divorce proceedings had been heading online before the pandemic but that change had only just come in for solicitors. Coronavirus has accelerated the decision to go digital.

What are the advantages of taking divorce online?

When it comes to the mediation aspects of divorce, some people feel more comfortable doing it over Zoom or Teams because they don’t have to be in the same room as their ex-partner. Mediators do have ways of getting around that potential issue though without going online.

For people handling their own divorce, taking the digital route means they can do it after normal working hours as the internet is available to them at any time. Of course, their application won’t be processed by the court until the working week begins, but it can be uploaded after hours. Digital divorces are quicker; during the pandemic court offices have been working remotely.

Are there any disadvantages?

Some aspects of the divorce process are definitely not best dealt with online. Couples who try to manage their own divorce proceedings online can find that the process moves more quickly than they anticipate and then find themselves at a disadvantage being divorced without first having sorted out their finances.

A good solicitor will advise their clients that they can use the court’s digital portal to reduce the costs on divorce, but that they are most unwise to ever consider not seeking the advice of a lawyer on where they stand financially before starting the divorce process online.  This is because some rights, for example spouses pensions, are lost at the moment the divorce is finalised.

Advice is also necessary because many people fail to appreciate that just because they are divorced that in itself doesn’t bring to an end the financial claims of their former spouse.  Further steps are needed in order to finalise those claims which otherwise remain open, potentially forever.

Also, some divorces produced online don’t look quite as official as paper ones. There have been occasions where clients haven’t been sure if they’ve received their court papers or not.  A solicitor can quickly clarify the position.

Do digital divorces save couples time and money?

Online divorce proceedings are designed for processing the divorce as opposed to settling the couple’s finances. If it’s a straightforward divorce, it can save parting spouses money as they only have the court fee to pay and not the solicitor.

Other than the fixed legal time limits, it can also save them time as the digital paperwork can be turned around much more quickly than the paper documents.

Solicitors also have access to the court’s digital portal and utilise the facility where they can to speed up the process for their clients where this is possible and appropriate.

Using the digital process without first seeking proper legal advice can mean that couples can lose out financially.

Will digital divorce continue once the pandemic is over?

With regard to processing divorce documents, the online option will continue. It is highly unlikely that the courts will backtrack on this now as removing the need for paperwork must save them a lot of time and money. Well before the pandemic, it was always the courts’ intention to go digital wherever possible. The outbreak has served to hasten this development.

Divorce hearings will continue to be held in court to some extent despite the digital revolution. Some hearings don’t work well online. Many people find them less than satisfactory, so in an ideal world, they will go back to face-to-face. On the other hand, directions hearings are procedural so may continue to take place either by video or phone, as they can be dealt with quite efficiently in this way.

Furthermore, financial consent orders work really well digitally. They can be uploaded to the court portal and dealt with rapidly, within a maximum time scale of four weeks.

Pre-pandemic, these orders were taking three to four months, so going digital has really speeded things up.  However, it is important that clients get independent legal advice on finances before considering applying for a consent order so that they are aware of all of their rights and understand the implications and consequences of the terms of the proposed order.

Hopefully, those hearings where final decisions are made with regard to the children of divorcing couples will no longer be held remotely – that way people can feel more confident that these important and emotional aspects have been dealt with properly.  The courts are already moving towards listing these hearings in a courtroom.

Body language can’t be read as accurately over a video call as it can in person. Video links can be disjointed – people start talking at the same time, especially on phones when there are no visual clues, or they can be cut off. Mobile signals at home can be unreliable and, as many of us have witnessed during the pandemic, there can be delays getting people on the line. While these are all challenges with technology that we’ve come to expect, it adds to what is already a highly-stressful time.

Some hearings are already going back to being held in courtrooms, so clearly, the intention is there. I imagine they’ll increase as social distancing regulations ease, making it easier to use more courtrooms at the same time.

Bearing all of this in mind, ideally, there should be a hybrid approach to divorce proceedings as we emerge from the pandemic.

Click here for more articles from Nelsons’

About Angela Maxfield

Angela qualified as a solicitor in 1985 and joined Nelsons’ expert family law team in December 2020 as an associate. Angela specialises in family law and advises on divorce, dissolution of civil partnerships, finances and private children disputes.

For more information on divorce and separation, please visit www.nelsonslaw.co.uk/divorce-and-separation or call 0800 024 1976.

You might be interested in

Preparing for divorce

Preparing for Divorce: What you need to know

Published on
Rupa Parekh
Rupa Parekh
Associate and Solicitor
Nelsons

After couples spent more than a year being cooped up in lockdown due to the coronavirus pandemic, it is perhaps unsurprising that there has been an increase in enquiries from spouses who are wanting to split from their partners.

However, making the decision to divorce is not one that should be made lightly. It is crucial to think through and obtain legal advice from the outset, so that you are prepared for the proceedings before initiating.

Whether amicable or acrimonious, going through a divorce is a stressful time that can cause conflict between both parties if not properly managed and prepared for. That’s why preparation is key when it comes to these kinds of proceedings, to ensure as smooth a transition as possible into the next chapter of your life.

Understand your financial situation

Alongside the divorce, one of the important things you will need to consider is the distribution of the financial assets. Therefore, estimating the value of the marital pot will help to give you an idea of what you may be entitled to as the court’s starting point is an equal sharing of matrimonial assets.

The court has discretion to depart from equality and this is determined by numerous factors. We’d always recommend keeping a budget of your income and expenses, because this documentation may be required when determining the amount of maintenance that may be awarded. 

Collate the paperwork

We understand that the sheer volume of paperwork required for divorce can seem overwhelming, which is why we recommend gathering all the relevant information as your first port of call. Doing this at an early date will save a lot of time moving forward and vastly aid in your preparation.

Some of the documents you need to ensure you have are statements and/or evidence for:

  • All bank and building society accounts
  • Credit cards
  • Loans
  • Investments
  • Mortgages
  • Title information

It’s also beneficial to have your most recent P60 and pay slips if you’re employed, or two years of accounts if you’re self-employed.

Look to the future

It can be very easy to get bogged down in the present and focus only on the current proceedings. However, it’s incredibly important to try and provide for yourself and any children after your divorce, so you may want to consider further training or a change of job to improve your position.

While the court can make an order in providing you with maintenance, it also has a duty to consider the financial independence of both parties moving forwards.

Document your valuables

We would also advise our clients to keep a full record of possessions, with photographs if possible – this includes the contents of your house, vehicles– as, if anything goes missing, this provides proof of its existence. If you have particular concerns that your spouse may damage or take your belongings during proceedings, you may also consider storing valuable items and documents elsewhere for safety.

Don’t act in haste

It can be tempting to move out of the marital home, but any decision of this magnitude should only be made once legal advice has been sought. Once the decision to move out has been made, going back on that choice can often be far more difficult and could also have an adverse effect on finances or the relationship with your children, if you have any.

Seek expert advice

As previously mentioned, the most important thing to do before going through a divorce is to seek legal advice. Having a solicitor put a strategy in place to help you navigate your way through proceedings will drastically ease stress during what we know can be an overwhelming and stressful time.

Solicitors can also help to give you a good indication of where you stand and how divorce will affect you financially. Every case is different, and it’s important you seek advice tailored to your specific circumstances.

About Rupa Parekh

Rupa Parekh qualified as a solicitor in 2017 and joined Nelsons’ family law team in October 2020.

She specialises in divorce and financial settlements, with an expertise in civil partnership dissolution, pre-nuptial, post-nuptial and separation agreements. She also advises on various disputes concerning children and domestic violence, specifically complex high net worth cases.

For more support when it comes to divorce and separation or any other aspect of family law, please visit  nelsonslaw.co.uk.

You might be interested in

Coronavirus: Is Now a Good Time to get Divorced
/

Coronavirus: Is Now a Good Time to get Divorced? And Other Separation Questions

Published on
Emma Davies
Partner and Solicitor
Nelsons

With couples cooped up in lockdown due to the coronavirus, law firms across the country have reported an increase in enquiries from spouses who are wanting to split from their partners.

But with the courts currently closed and the negative impact Covid-19 is having on the economy and housing market, is now a good time to get divorced?

Firstly, can I still get a divorce?

Many court staff and judges are working from home and hearings are being done remotely over the telephone or, in some cases, by video link, so it is still possible, but couples may experience delays.

This is because the courts are prioritising urgent cases, such as those involving domestic abuse or child protection.

However, in most divorce cases, a hearing is not needed. Couples will only have to go to court if disputes regarding financial matters or children cannot be resolved by the separated couple or their lawyers.

Financially, is now a good time to get divorced?

With the impact the Covid-19 pandemic is having on the economy, many people may find themselves in a financially less advantageous position.

Housing markets have come to a standstill, retailers, pubs, clubs and restaurants have temporarily ceased trading, and businesses will no doubt be tightening their belts in an attempt to persevere during these challenging times.

For some, however, a financial downturn could be seen as an advantage when it comes to divorce and securing a favourable financial settlement.

Due to the coronavirus outbreak, many assets may well have diminished in value. Businesses may not be considered as valuable, investments are likely to have suffered, and some pensions will now be worth less than they were only a few short weeks ago.

For the party to a marriage who is – or was prior to the pandemic – in a stronger financial position, the answer to the question “should I divorce now” might well be yes.

Hopefully, the economy will bounce back, as will the value of your assets, leaving you better off than if you had divorced in more stable times.

Can a financial settlement be renegotiated if coronavirus has made it unfair?

Although the timing might benefit you, it may not benefit your spouse, who is likely to object to a final financial settlement being reached until some form of normality has resumed.

Additionally, you should be warned that the unprecedented uncertainty brought about by Covid-19 will mean that the court will likely exercise extreme caution when making final orders, dividing the martial assets until the storm has passed.

Every case is different and it is important you seek advice tailored to your specific circumstances.

What happens if the family home struggles to sell?

At the end of March, the government suspended the housing market as estate agents closed their doors and banks withdrew deals.

As a result, homeowners trying to sell their properties saw the number of potential buyers decline. This, of course, could throw settlements into jeopardy and possibly increase a couple’s capital gains tax liabilities when they do end up reaching a deal.

About Emma Davies

Emma Davies qualified as a solicitor in 2008 and joined Nelsons’ family law team in 2009. She specialises in family law cases and advises on divorce and financial settlements that involve complex issues and substantial assets.

For more information on divorce and separation, please visit nelsonslaw.co.uk or call 0800 024 1976.

Nelsons was established in 1983 and provides support to businesses, individuals and families with their legal and investment needs.

Nelsons’ experience and depth of resource has also enabled them to offer services to other solicitors through Fusion Legal – a mutually-beneficial referrals and support network for law firms.

The firm is recognised by the leading, independently researched Legal 500 and is recommended by them in more than 20 practice areas.

The firm is recommended by Chambers and Partners and also features in The Lawyer’s UK 200 Annual Report of the UK’s largest 200 law firms. Nelsons has offices throughout the East Midlands in Nottingham, Leicester & Derby.

You might be interested in