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Artificial Intelligence in Divorce Proceedings and the Implications for Family Law
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Artificial Intelligence in Divorce Proceedings and the Implications for Family Law

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Nichola Bright
Nichola Bright
Partner in our Family Law Team Myerson Solicitors

In this article, Nichola Bright, Partner and Family Lawyer at Myerson Solicitors explores the use of Artificial Intelligence (AI) within family law and the implications for both professionals and clients.

The use of AI within the legal profession has expanded rapidly in recent years, and family law is no exception. In divorce and financial remedy proceedings, AI is now being used by solicitors, litigants and, indirectly, considered by the judiciary. While AI offers clear advantages in terms of efficiency and accessibility, its integration into family law raises significant questions about accuracy, ethics, data protection and the proper administration of justice.

This article examines the current and emerging role of AI in divorce proceedings, with particular reference to professional practice, judicial guidance issued in October 2025, and the broader implications for the future of family law.

The Use of AI by Solicitors in Divorce Proceedings

Family law practitioners are increasingly adopting AI-enabled tools to assist with a range of preparatory and analytical tasks. Importantly, these tools are generally used to support, rather than supplant, professional legal judgment.

AI-assisted document review is now commonly deployed in cases involving extensive financial disclosure. Machine-learning tools can efficiently review bank statements, tax returns and corporate documents, identifying trends, inconsistencies or potential non-disclosure. This can be particularly valuable in complex financial remedy cases or where disclosure is voluminous.

Certain AI platforms are capable of analysing financial data to support asset identification, valuation exercises and scenario modelling. While such tools do not determine outcomes, they can assist solicitors in stress-testing settlement proposals and identifying areas requiring further investigation.

AI-powered legal research tools allow practitioners to search legislation, case law and commentary more efficiently, surfacing relevant authorities and summarising legal principles. Used appropriately, this enhances rather than replaces doctrinal analysis.

AI is also being used to assist with drafting preliminary documents, including chronologies, case summaries and initial correspondence. Professional oversight remains essential, particularly in family proceedings where nuance and precision are critical.

Judicial Guidance on the Use of AI (October 2025)

In October 2025, the Court and Tribunals Judiciary issued formal guidance addressing the use of AI within legal proceedings. The guidance reflects a cautious but pragmatic approach, recognising the inevitability of AI’s growing presence while emphasising the primacy of human responsibility.

Key Principles of the Guidance:

The guidance confirms that AI may be used for administrative, organisational and preparatory tasks, such as document summarisation or research support. However, it expressly warns against reliance on AI-generated legal analysis without independent verification.

The judiciary discourages the use of AI for tasks involving evaluative judgment, discretion or the balancing of competing interests, functions that lie at the core of judicial decision-making, particularly in family law.

The guidance also addresses the increasing use of AI by unrepresented litigants. While acknowledging that AI may assist in improving access to justice, the judiciary highlights risks including legal inaccuracies, misunderstanding of procedural requirements and the submission of AI-generated material that has not been properly scrutinised.

The Use of AI by Clients and Litigants

Beyond professional practice, AI is increasingly used directly by clients involved in divorce proceedings.

Many individuals use AI tools to research divorce law, court processes and financial remedies. This reflects a broader trend towards self-education and digital engagement with legal processes.

Some litigants use AI to draft summaries of their circumstances, prepare correspondence or generate preliminary submissions. While this may assist in articulating issues, it also raises concerns about accuracy and the risk of overconfidence in AI-generated outputs.

Benefits of AI in Divorce Proceedings

AI has the potential to reduce the time spent on routine tasks, allowing solicitors to allocate more resources to strategic advice, negotiation and advocacy. This may assist in managing legal costs and improving access to representation.

AI tools can translate complex legal concepts into more accessible language, contributing to better-informed clients and more meaningful participation in the legal process.

The Importance of Legal-Specific AI

A critical distinction must be drawn between generic AI tools and legal-specific AI software. Legal AI platforms are typically jurisdiction-specific, regularly updated and designed with professional safeguards. These include research databases, document automation tools and disclosure analysis systems, which are better suited to legal practice than general-purpose AI.

Risks and Ethical Considerations

AI systems may produce outputs that are persuasive in tone but legally inaccurate or incomplete. In family law, where outcomes are highly fact-sensitive, such errors carry significant risk.

The use of AI raises serious data protection issues, particularly where sensitive personal or financial data is processed by third-party systems. Compliance with data protection and professional confidentiality obligations remains paramount.

AI systems may reflect inherent biases within their training data and may oversimplify complex legal or factual issues. Family law disputes rarely lend themselves to binary or formulaic solutions.

In cases involving domestic abuse or coercive control, AI may be misused as a tool of surveillance, manipulation or intimidation. Legal professionals must be alert to the potential for technology-facilitated abuse within family proceedings.

Can AI Replace Family Lawyers or Judges?

Despite its growing role, AI is unlikely to replace family lawyers or judges. Family law requires the exercise of discretion, empathy and moral judgment, qualities that remain uniquely human.

Legal advice involves interpreting law in context, negotiating outcomes and advocating for clients’ best interests. Judicial decision-making similarly requires the weighing of evidence, assessment of credibility and balancing of competing welfare considerations, particularly where children are concerned.

AI may assist with process and preparation, but it cannot replicate the human judgment essential to family justice.

Conclusion

To conclude, AI is becoming an increasingly influential tool in divorce proceedings, reshaping legal practice and client engagement. While it offers clear benefits in efficiency and accessibility, its use must be carefully regulated and ethically grounded. In family law, AI is no replacement for professional expertise and judicial discretion. The challenge for the legal profession lies in harnessing AI’s advantages while safeguarding the family justice system.

About Nichola Bright, Partner and Family Lawyer at Myerson Solicitors

Nichola has been practising family law since 2008 and has worked at highly regarded practices in Cheshire and Lancashire. Nichola joined Myerson in 2012 and was promoted to Senior Solicitor in 2015 and is now a Partner at the firm.

Nichola advises on a wide range of family matters, including divorce and high net-worth financial settlements, separation, co-habitation, pre-nuptial agreements, complex disputes regarding children, fertility law and surrogacy law.

Find out more about Nichola Bright here.

 

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Cash Flow Modelling During Divorce
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The Benefits of Cash Flow Modelling During Divorce Proceedings

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Michael King
Michael King FPFS
Chartered Financial Planner

The complex world of Pensions, an asset that tends to be overlooked during a Divorce, can sometimes be a struggle to decipher.

Amid the stress and emotions of a relationship breakdown, it’s vital for both parties to keep a clear head and take pension assets into consideration.

All pension assets – including any pensions already being paid and benefits that have built up – should be taken into account when dividing finances on divorce. Pension funds can then be split, for example, or the value used to offset against other assets in a settlement.

Yet a report by insurer and pensions firm Scottish Widows found that pensions are only discussed in about 30% of cases.

The benefit of Cash flow analysis helps simplify the settlement and will give an understanding of how much income a pension will provide after divorce in retirement, and more importantly, how sustainable this is for the rest of your lifetime whilst helping to provide the income desired or required.

Cash Flow forecasting is not only of great importance in pre-divorce proceedings, but equally as important post-divorce.

A good Independent Financial Advisor should regularly review the pension if and when a Pension Sharing Order is implemented to help ensure the transferred pension and any income stream provided remains on target and fit for purpose within the constraints of individuals’ objectives.

It should never be left to chance as it is frequently the largest source of post-divorce income with individuals who have not accrued enough credits for a full state pension.

Cash Flow Modelling During DivorceYou should never forget the importance of the valuable benefits and commencement date of state pensions. Especially given the many changes over recent years to this valuable retirement income stream.

In cases where divorce occurs when a pension is already in payment, if a tax-free lump sum was previously taken, this will not be an option once the pension has been split. This can cause several issues, notably no access to further tax-free lump sums, but also a potential need for higher income.

An option would be to choose to flexibly access new pension benefits, however, income tax issues will affect not only the amount received, but also the level of the remaining fund value.

It is also of vital importance that a Cash Equivalent Value is not left to expire or alter in extended divorce proceedings, as all income forecasts can be rendered inaccurate or, worse still, at the point the pension benefits are required.

Another important factor will be to check the effects on each individual’s Lifetime Allowance and possible HMRC protection that may have been previously put in place as a result of the divorce and pension order.

Income may not necessarily be generated solely from pensions, other sources include investment income from a portfolio of Individual Savings Accounts, Investment Bonds or shares. They will still need to be factored into the overall situation and can be considered as part of overall post-divorce income requirements as a standalone analysis.

An Independent Financial Advisor can provide advice in areas in which a solicitor cannot, and vice-versa. The benefit of these two professionals working together for a common client outcome in this complex but crucial part of divorce proceedings cannot be underestimated.

If you would like to find out more about Michael and Strategic Solutions Financial Services, click here Michael King

About Michael

Michael has been with the Strategic Solutions Chartered Financial Planners for 5 years. He began his working life in 1986 in accountancy, before moving to Financial Services in 1998.

Specialising in Wealth Management and Retirement Planning, Michael aims to understand his clients’ needs and objectives whilst providing bespoke solutions.

Michael has many very satisfied clients and works closely with other professional advisers across the South Coast, London and Home Counties.

Michael is the 10th Chartered advisor at Strategic Solutions and its 7th Chartered Fellow.

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Divorce Proceedings and Financial Applications Uncoupled.

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Carmen Hudson (LLB) Director DivorceBox

From Monday 19th June 2017, divorce applications and financial applications (following a separation) will be separated in the eyes of the court. 

The president of the Family Division recently confirmed that following a successful pilot scheme, courts in England & Wales will separate  divorce and financial applications to avoid delays to the separation process.

‘We are pleased to say that the pilot has been successful and achieved its aim of introducing a more streamlined process which reduces the delays currently experienced by court users as files are transferred between courts’ *

The aim is for users to have one case number for both applications (divorce/financial applications) but separate files which should reduce the delays currently experienced by users entering the system.

‘Currently if a contested financial application is made the whole divorce proceedings are transferred to a local court to be dealt with. This builds in delay for court users and is resource intensive for HMCTS staff to administer.’ **

Following theses changes the court should see a significant reduction in the number of delays that arose because of the transference of files.

As separate applications, they should be dealt with more efficiently and this should reduce the waiting time and uncertainty that existed within the old system.

A move towards a more streamlined process has long been awaited by those within the Family Law sector. The Family Court system has been very slow to change compared to other sectors within the legal system where advances in technology have been embraced to allow better access for clients.

Whilst this is a positive step in the right direction it is worth noting that Family Law proceedings can be some of the most stressful and life changing of applications for those involved.

As such more should be done to reduce the impact on those individuals who have no choice but to engage with the Family Court system.

No fault divorce and easier access in terms of entry into the system are yet to be implemented and we have a long way to go before we achieve a truly accessible system the serves the individuals it is meant to protect.

* https://www.judiciary.gov.uk

** President of Family Division’s letter of 27th April 2017   

ABOUT CARMEN

Carmen Hudson (LLB) is a director and head of legal of operations at DivorceBox.com a online legal service provider specialising in online divorce (e-divorce).

After 15 years in dispute resolution she founded DivorceBox to offer a less intimidating alternative to traditional legal services.

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Managing Conflict and Stress During Divorce and Financial Remedy Proceedings

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Katie Lowe
Partner in the Family Team
JMW Solicitors LLP

Katie Lowe, Partner in the JMW family team, examines how individuals can manage conflict and stress during divorce and financial remedy proceedings, with practical guidance for navigating the process calmly and confidently.

Divorce is rarely just a legal process. For many people, it is one of the most emotionally demanding periods of their lives, involving uncertainty about children, finances and the future. Even where both people want to resolve matters sensibly, the pressure of divorce and financial remedy proceedings can make communication difficult and conflict harder to avoid.

As a family lawyer, I often meet people at a point when they feel overwhelmed, exhausted or unsure how to move forward. That is completely understandable. Divorce involves important decisions, and those decisions are often being made at a time when emotions are high, and trust may have broken down. The aim is not to remove every difficult feeling from the process, but to manage the pressure and make informed choices.

Understand what is within your control

One of the most stressful aspects of divorce is feeling that events are happening to you and are out of your control. You may not be able to determine how your former partner behaves or whether they approach matters constructively. You can, however, shape how you prepare and the advice you take before making decisions.

It can help to separate issues into two categories: what needs a legal response and what is an emotional trigger. Not every message requires an immediate reply. Not every disagreement needs to become a battle. Taking advice early can give you a clearer sense of which issues genuinely matter to your long-term position, and which may be better not engaged with at all.

Keep communication calm, brief and purposeful

During divorce, communication can quickly become emotionally charged, particularly where there are unresolved issues or concerns about money or children. Where possible, try to keep written communication calm, brief and focused. Long explanations or repeated messages often increase tension rather than resolve it.

Before sending a message, it can be useful to pause and ask: what outcome am I trying to achieve? If the purpose is to confirm a date, request information or agree a practical arrangement, keep the message limited to that issue. If the topic is sensitive or likely to escalate, speak to your solicitor about whether communication should go through lawyers or be managed in a more structured way.

Do not let financial remedy proceedings consume every part of your life

Financial remedy proceedings can feel particularly stressful, and it is natural to worry about the outcome, especially if the family finances are not straightforward, if there are complex assets structures or concerns about whether everything has been fully disclosed.

A practical way to reduce stress is to create a system. Keep documents in one place, make a note of questions as they arise, and avoid trying to review everything late at night or when you are already emotionally drained. Your legal team can help you understand what information is needed, why it matters and how it fits into the wider strategy.

Choose your support network carefully

Support from friends and family can be invaluable, but it is important to choose the right people to lean on. Well-meaning advice is not always helpful, particularly where it is based on someone else’s divorce or encourages you to take a more aggressive approach than your circumstances require.

Try to identify a small number of people who can listen without inflaming the situation. Counselling, coaching or therapeutic help can also sit alongside legal advice. A solicitor’s role is to guide you through the legal issues and strategy; emotional support can help you cope with the personal impact of the process and make decisions from a steadier place.

Be realistic about conflict, but do not assume court is inevitable

Some conflict is normal during divorce. Disagreement does not necessarily mean the case will end up in a contested court hearing. Many cases can be resolved through solicitor-led negotiation, mediation, or other forms of non-court dispute resolution. The right route will depend on several factors including the personalities involved, the level of trust, and whether there are any safeguarding concerns.

When narcissistic behaviour or coercive control is part of the picture

For some people, the stress of divorce is made significantly worse by patterns of narcissistic behaviour or coercive control. In these cases, the usual advice about communication and compromise may not be enough. A person who has used control within the relationship may continue to use the divorce process, finances or arrangements for children as a way to exert pressure.

Where this is happening, a more structured and strategic approach is often needed. That may include tighter boundaries around communication, careful record keeping, a clear plan for disclosure, consideration of protective orders where appropriate and legal advice that recognises the emotional and practical reality of dealing with controlling behaviour.

Protect your wellbeing alongside your legal position

Looking after yourself during divorce is not a distraction from the legal process. It is part of managing it well. Fatigue, anxiety and emotional overload can make it harder to process advice, respond proportionately and make decisions that serve your long-term interests.

Small, consistent steps can make a difference: keep some structure in your week, take breaks from emails and legal documents, avoid using social media as an outlet for frustration, and give yourself permission not to deal with every issue immediately. If you are struggling, seek professional emotional support. Divorce is a major life event, and you do not have to navigate it alone.

Practical tips for reducing conflict and stress

  • Pause before responding to difficult messages and avoid replying when you are angry, upset or tired.
  • Keep communication focused on practical issues rather than revisiting the history of the relationship.
  • Save important documents and correspondence in an organised way so you can access them easily when needed.
  • Take legal advice before making significant financial decisions or agreeing to proposals.
  • Set realistic expectations about timescales, especially where financial disclosure is complex.
  • Use professional support, including therapeutic or coaching support, where the emotional impact feels overwhelming.
  • Remember that being calm does not mean being passive; you can be measured and firm at the same time.

Final thoughts

Divorce and financial remedy proceedings can feel daunting, but the way the process is managed can make a significant difference. With the right advice, clear boundaries and appropriate support, it is possible to reduce unnecessary conflict and make decisions with greater confidence.

If you are contemplating divorce, already involved in financial remedy proceedings, or concerned about high-conflict behaviour, early specialist advice can help you understand your options and plan the next steps. JMW’s family law team supports clients with clear, compassionate and strategic advice tailored to their circumstances, helping them move through divorce with clarity and confidence.

About Katie Lowe

Katie Lowe is a Partner in JMW’s family law team, advising clients on all aspects of divorce, financial remedy proceedings and arrangements for children. Recommended by clients and recognised in the legal directories, Katie is known for her clear, strategic and compassionate approach. She has a niche specialism in cases involving narcissistic behaviour and coercive control, helping clients navigate high-conflict dynamics with confidence and care.

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Post-Brexit Family Court Ruling Warns Parents That Jurisdiction Over Their Child Can Change During Proceedings
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Post-Brexit Family Court Ruling Warns Parents That Jurisdiction Over Their Child Can Change During Proceedings

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Zoe Fleetwood
Zoe Fleetwood
Partner
Mills & Reeve
Annie Wogel
Annie Wogel
Senior Associate
Mills & Reeve

A SIGNIFICANT family court ruling has warned parents involved in international disputes that responsibility for making decisions about their child can shift between countries during ongoing legal proceedings.

The decision in F v M & Anor (Jurisdiction) [2026] EWFC 219 (B) concerned a young child who was born in England and initially lived in England and Wales. However, during the proceedings, she began spending the majority of her time in Lithuania with her mother.

Following a detailed assessment of the child’s circumstances, the Central Family Court concluded that she had become habitually resident in Lithuania. As a result, the English courts no longer had jurisdiction to decide the child arrangements case.

Commenting on what this means for similar cases, Zoe Fleetwood, a family law partner at leading law firm Mills & Reeve, who represented the child’s mother, said: “This case shows that parents should not assume that because proceedings have started in England, the English courts will necessarily retain jurisdiction until the case concludes.

“Where a child spends significant time living in another country, their circumstances and connections can develop. The court may then find that their habitual residence has changed, which can have significant consequences for where a case is heard and which country’s courts make decisions about a child’s future.”

The case is particularly significant for families with connections to more than one country, as the rules governing international children cases have changed since Brexit. Recent research by Mills & Reeve found that nearly half (47%) of UK adults have considered moving overseas long-term or permanently, while 21% are likely to do so within the next five years. 

However, just 6% would seek legal advice on child custody arrangements and only 4% would seek guidance on how divorce and separation laws differ between countries, compared with 51% seeking advice on visas and residency.

For families moving abroad, the legal implications can extend beyond visas and property. Under the 1996 Hague Convention, a court can lose jurisdiction during proceedings if a child’s habitual residence changes to another country. This differs from the pre-Brexit position, under which jurisdiction would generally remain with the court where proceedings had started.

In this case, the court found that the child had become habitually resident in Lithuania, having spent more than 80% of her time there with her mother. She was also well integrated into life in Lithuania through family, activities, medical care and the language. By comparison, her connections to England were more limited and centred mainly on contact with her father.

As a result, the child arrangements case could no longer continue in England and Wales. The court also found that she had not been wrongfully moved or retained in Lithuania.

Explaining more, Annie Wogel, senior associate, who assisted on the case, added: “This case highlights an important change in the way international children cases are dealt with following Brexit. Jurisdiction is not necessarily fixed when proceedings begin and parents need to be aware that a child’s circumstances can change during the course of a case.

“For families involved in cross-border disputes, it is important to keep jurisdiction under review throughout proceedings. A child’s living arrangements, relationships and connections to different countries can evolve, particularly where they are very young, and those changes may ultimately affect which court has jurisdiction.”

Read more articles by Mills & Reeve.

About Mills & Reeve

Mills & Reeve LLP is a leading UK law firm headquartered in London, with additional offices in Birmingham, Cambridge, Leeds, Manchester, Norwich, and Oxford. Its 1,450 plus people and over 850 lawyers share one vision: achieve more together. It’s a state of mind in every client relationship that starts with every choice it makes. And it’s what clients consistently say distinguishes it from your average law firm. 

Ranked as the UK’s 39th largest law firm by 2023/24 revenues, Mills & Reeve is recognised for both legal excellence and a strong workplace culture, regularly featuring in The Sunday Times Best Places to Work and holding a Platinum Investors in People accreditation. It’s driven by its values – ambition, openness, care and collaboration. It embraces new ideas, communicates honestly and is easy to work with. It’s a law firm that’s committed to you. 

To find out more, visit www.mills-reeve.com/

About Zoe Fleetwood

A highly experienced children lawyer, Zoe heads the firm’s children law team. Well-known for handling complex cases, Zoe’s experience includes child abduction, wardship, care proceedings, surrogacy, adoption and forced marriage, as well as disputes involving allegations of abuse. Zoe’s cases often have an international dimension.

Committed to children’s rights and ensuring the best outcome, Zoe has considerable experience of representing children directly.

About Annie Wogel

Annie advises clients on a broad range of family law matters, from divorce and associated financial issues, to children matters, cohabitation disputes between unmarried couples, and pre-nuptial agreements. She acts for high net worth individuals and is experienced in dealing with cases involving complex business structures and international assets.

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International Divorce: What is a Jurisdiction Battle and Why Does It Matter?
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International Divorce: What is a Jurisdiction Battle and Why Does It Matter?

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Ruben Sinha

Partner in the Family Team

JMW Solicitors LLP

You may live in England, own property overseas or have a spouse who spends much of their time in another country. If your marriage ends, more than one court may be able to deal with the divorce and the court chosen could have a major impact on your finances. Taking advice before either spouse starts proceedings can help you protect your position and avoid a costly dispute.

What is a jurisdiction battle?

A jurisdiction battle is a disagreement about which country’s courts should deal with a divorce. It can arise, for example, where one spouse starts proceedings in England and Wales while the other believes the case should be dealt with abroad.

Why does it matter where you divorce?

The country dealing with your divorce may also decide the financial arrangements that follow it. Different courts can take different approaches to property, businesses, trusts, pensions, maintenance, inherited wealth, assets owned before the marriage and pre-nuptial or post-nuptial agreements. The choice of court may therefore affect what information must be disclosed, how particular assets are treated, whether an agreement carries weight, how readily an order can be enforced and the overall cost and timing of the case. For families with substantial or complex wealth, those differences can be significant.

Can you divorce in England and Wales?

Before the English court can deal with a divorce, there must be a sufficient legal connection with England and Wales. The relevant rules are set out in section 5 of the Domicile and Matrimonial Proceedings Act 1973. The court will usually look at where each spouse normally lives and, in some cases, where they regard as their permanent home.

These concepts have precise legal meanings. “Habitual residence” broadly means where your life is centred. “Domicile” is different and looks at your permanent home and intentions. The court may consider where you live and work, how settled you are, your family life, and your plans for the future. No single fact will necessarily decide the issue.

If divorce proceedings are already taking place in another country, the English court may be asked to pause—or “stay”—the English case under Schedule 1 to the 1973 Act. The court will consider which country has the closest connection with the family and where the case can be dealt with most fairly and conveniently.

The court may look at where the family has lived, where the assets and evidence are, the progress of each country’s proceedings, likely delay and expense, whether any eventual order can be enforced, and whether both courts can achieve a fair result. Starting first can be relevant, but it does not automatically mean that country will deal with the divorce.

It is also important not to assume that the country dealing with the divorce will necessarily resolve every financial issue. Questions may arise about whether financial claims can be made in another country, whether orders will be recognised or enforced overseas, and whether separate advice is required in relations to tax, trusts, companies or immigration. Mapping those issues at the outset can reveal risks that are not apparent from the divorce application alone.

Should you act quickly?

Yes, but the right strategy is more important than simply trying to issue divorce proceedings first. If proceedings have started, or may be about to start, in another country, advice should be taken immediately on jurisdiction, enforcement and the risk of conflicting orders. There may be steps available to protect your position, but court orders stopping or restricting foreign proceedings are exceptional. Rushing to court without a sound legal and evidential basis can increase costs, expose strategy prematurely and make the wider financial dispute harder to resolve.

Practical steps to take 

  1. Take advice before starting or responding to proceedings. You may need coordinated advice in more than one country.
  2. Prepare a simple timeline. Record where you and your spouse have lived and worked, your important moves and the dates of any court proceedings.
  3. Keep relevant documents. These may include travel records, immigration documents, tax records, property papers and evidence about your future plans.
  4. Tell your lawyer about any overseas steps. Share details of every foreign application, hearing, agreement or order as soon as possible.
  5. Identify where the assets and decision-makers are. Consider homes, businesses, pensions, trusts and investments, together with the location of trustees, company records, advisers and key documents. Your legal team will also need to consider whether an order made in one country can be recognised and enforced in another.

How legal advice can help

International divorce cases are highly fact-specific, and the right approach will depend on the connections between the family, their finances and the countries involved. Early specialist advice can clarify which courts may have jurisdiction, identify immediate risks and bring together the legal, financial, tax and enforcement issues that may affect the family’s wider wealth. Where advice is required in more than one country, a coordinated strategy can reduce uncertainty, avoid conflicting steps and help ensure that important decisions are made with a clear view of their long-term consequences.

About Ruben Sinha

Ruben Sinha is a Partner in JMW’s Family Law team and Head of JMW Signature, the firm’s cross-practice service for high and ultra-high net worth individuals, families, family offices and family businesses. He advises on complex divorce and financial cases involving substantial wealth, international assets, businesses, trusts, nuptial agreements and asset protection. 

Ruben has particular experience of cases in which family law issues overlap with wider questions of ownership, governance, tax, succession and long-term wealth planning. He works closely with JMW colleagues across private wealth, contentious trusts, tax, corporate and other specialist teams, as well as trusted advisers in overseas jurisdictions, to provide coordinated and practical advice. Ruben’s approach is strategic and commercially focused. He helps clients understand the immediate legal issues while keeping sight of the wider financial picture, the need for discretion and the long-term consequences for the client, their family and any underlying business or wealth structures.

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Life After Divorce: Protecting Your Financial Future and Updating Your Will

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Rachel Miskin
Solicitor and Partner
Family Services Team
Bridge McFarland

Psychologists and researchers widely recognise divorce as one of the most challenging and emotionally demanding life events a person can experience. For many individuals, it is a deeply distressing process that involves a profound sense of loss, changes to identity and personal relationships, and significant social, familial, logistical and financial upheaval.

While the emotional impact of divorce is often the most immediate concern, it is equally important to consider the long-term financial and legal consequences. The decisions made during divorce proceedings can have a lasting effect on your financial security, estate planning and future wellbeing. Taking proactive steps at an early stage can help protect your interests and provide greater certainty as you move forward.

The financial aspects of a divorce can be particularly complex, especially where you and your former spouse are unable to agree on how matrimonial assets should be divided. It is a common misconception that the Final Order of Divorce severs all ties, but you will need a Financial Order to formally sever the financial ties between you and your former spouse. If you and your spouse can reach an agreement in terms of the division of assets a Solicitor can prepare the financial order for you reflecting that agreement. If you and your spouse are unable to agree the division of assets, in these circumstances, either party may apply to the court for a financial order, allowing the court to determine an appropriate settlement based on the specific circumstances of the case. However, court proceedings are generally more time-consuming, more expensive and often more stressful than reaching a negotiated settlement or resolving matters through alternative dispute resolution, such as mediation.

Protecting Your Financial Future

Once a financial settlement has been reached, it is important to ensure that your financial affairs are up to date and protected. The following steps can help safeguard your future after divorce:

  • Clean Break Order: Where appropriate, you can safeguard your future following a divorce by obtaining a Clean Break Order, a type of financial order that formally severs financial ties between you and your former spouse. A family solicitor can advise whether a Clean Break Order is suitable in your case and ensure that the order includes provisions dismissing future financial and inheritance claims. This provides greater certainty for both parties and helps prevent your former spouse from making a claim against your estate at a later date.
  • Review pensions and investments: Pension assets are often among the most valuable financial resources considered during divorce proceedings. If a Pension Sharing Order (PSO) has been made, it is essential to ensure that it is implemented correctly and within the required timescales. You should also review any remaining pension arrangements, investment portfolios and savings accounts to ensure they continue to reflect your financial objectives. Updating the nominated beneficiaries on your pension schemes is equally important, as these nominations may not automatically change following a divorce.
  • Consider tax implications: Be mindful of the Capital Gains Tax (CGT) implications of transferring assets following a divorce. Seeking professional legal and financial advice can help you understand your tax position and ensure that you make full use of any available personal tax allowances and reliefs. Careful planning can minimise unnecessary tax liabilities and help preserve your financial position.

 

Update Your Will and Estate Planning

When you divorce, you should also review and update your Lasting Power of Attorney and prepare a new will. Under UK law, a divorce does not automatically revoke an existing will in its entirety; instead, it generally treats your former spouse as though they had predeceased you, which may have significant implications for the administration of your estate. As such, it is important that you do the following:

  • Rewrite your will: Although a divorce generally treats a former spouse as having predeceased you for the purposes of an existing will, this can give rise to partial intestacy or other unintended consequences. To ensure your wishes are clearly reflected, it is advisable to prepare a new will that appoints your chosen beneficiaries, executors and, where applicable, guardians for your children.
  • Review other legal directives: You should also review and update any legal and financial arrangements to ensure your former spouse is removed where appropriate. This includes revoking or amending any Lasting Power of Attorney (LPA) in which they are appointed, as well as updating the nominated beneficiaries of any life insurance policies to reflect your current wishes.
  • Appoint trustees for children: If you have children under the age of 18, you should consider incorporating appropriate trust provisions and appointing legal guardians in your new will. This helps protect your children’s inheritance and ensures their financial interests are safeguarded until they reach adulthood.

Seek Professional Guidance

Divorce is rarely straightforward. Even where both parties remain amicable, legal, financial and practical issues can quickly become complex. Most divorces take between 6 and 7 months (around 26 weeks) to conclude, although more complicated matters involving finances or children may take considerably longer.

Seeking advice from an experienced family solicitor at an early stage can help you understand your legal rights, negotiate a fair financial settlement and avoid costly mistakes. Where appropriate, your solicitor can also work alongside financial advisers, tax specialists and estate planning professionals to ensure that every aspect of your post-divorce arrangements is properly considered.

With the right professional guidance, you can navigate the divorce process with greater confidence, protect your financial interests and establish a secure foundation for the future. Although divorce represents the end of one chapter, careful planning and informed legal advice can help ensure that the next begins on the strongest possible footing.

About Rachel Miskin

Rachel is a Solicitor and Partner at Bridge McFarland‘s Family Services team.

Rachel assists with a wide range of family matters including divorce and financial disputes following the breakdown of marriage or separating parties together with issues arising in relation to children. Rachel is a compassionate solicitor who deals with cases involving local authorities, providing advice and representation to parents.

Rachel is also proud to be heavily involved in the recruitment, development and supervision of Bridge McFarland‘s Trainee Solicitors.

Rachel is the Chair of Women in Business Hull for 2026.

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Your Science-Backed Guide to the Emotional Impact of Divorce

Published on
Mila Smith
Mila Smith
Certified Relationship & Dating Coach
“From Single to Couple” Relationship & Dating Consulting

Divorce is often described as a legal process, however, the paperwork is not necessarily the hardest part…

The emotional consequences often last a lot longer than the court proceedings. Alongside the end of a marriage comes the loss of routines, shared dreams, family traditions and, for many people, part of their identity.

It’s therefore no surprise that divorce is considered one of life’s most traumatic events.

Many people feel under pressure to “move on”, whether that’s because of comments from family and friends or the expectations they place on themselves. Yet even when you know divorce was the right decision, you may still find yourself unprepared for its emotional reality.

Whatever your circumstances, the emotional pain is a natural human response to loss.

Why divorce hurts so much

Scientists have long recognised that the end of a significant relationship can trigger emotional responses very similar to bereavement.

Studies using fMRI scans show that the brain of someone who has recently experienced heartbreak looks remarkably similar to that of someone going through drug withdrawal. People also “relapse” the way addicts do.

“They are in physical and mental pain. Like a mouse on a treadmill, they are obsessively ruminating on what they’ve lost. And they are craving reunion with their rejecting beloved – addiction.” *

Simply removing the stimulus (the person) doesn’t make your feelings disappear. Loss only intensifies emotional responses, activating brain regions associated with grief and pain. One thing is clear: the suffering is real.

When you understand what is happening and why, it may not take the pain away, but it will help the fear and uncertainty subside – and it can also prevent you from falling into the usual traps.

The emotional stages of divorce

Although everyone’s experience is different, many people move through similar emotional stages during separation / divorce. Research reveals that various stages of a breakup make evolutionary sense: *

 


Protest. The first stage is usually denial and protest designed by nature to motivate you to get your partner back and resume partnership whenever possible.

Frustration and Aggression. If the above doesn’t work, rejected people often suffer from frustration and aggression. Romantic love and rage can coexist. This stage may help increase distance, estrangement and final separation because anger is not attractive.

Resignation and Despair. Following acceptance, signs of depression appear. This actually sends an honest signal and a cry for help to family and friends.

Transition Phase. Eventually, reality sets in and the transition phase begins. This often overlaps with the previous phase. People reflect and review the relationship, obsessively. Without structure, this can last years especially when people keep going back and forth, making up and breaking up again, like a yo-yo effect.

Recovery Phase. Freedom returns, though readiness for a new relationship may take much longer. There is no prescribed timeline for recovery, as every person’s experience and pace is different. However, the emotional impact can be eased with the right qualified support.

More than the end of a relationship

Divorce can feel especially overwhelming because it isn’t simply the end of a relationship. It’s also the loss of an entire way of life, with two lives having become deeply intertwined over many years.

Interestingly, throughout my work, I’ve met several people who were the ones to initiate the divorce for a variety of reasons. While many initially felt a sense of relief or even excitement about the future, they often experienced the same grief as the partner who hadn’t chosen the separation!

Their emotions were also intensified by feelings of guilt over hurting their former partner or dismantling their family; questioned whether they had made the right decision or self-doubt. Choosing to end a marriage doesn’t necessarily lessen its emotional impact.

Alongside grief, people are frequently coping with legal proceedings, financial concerns, changes to parenting arrangements, selling the family home, shifts in friendships and uncertainty about the future.

Many also experience an unexpected loss of identity. For years, you may have thought of yourself as part of a couple. Suddenly, you’re making decisions alone, redefining who you are as an individual and trying to imagine a future that looks very different from the one you had planned.

The relief will come eventually, but having structure is what helps you get through this.

 

Five science-backed ways to support recovery

While there isn’t a shortcut through grief, research suggests several practical strategies that can help.

  1. Emotional Release

 

Creative expression is a powerful way to process emotional pain. Writing a letter to your ex can be especially effective (important: this letter is for you only – never send it to your ex, that is not the aim). I recommend writing it by hand because an email or a text can easily be sent by mistake or in the heat of the moment. Write a new letter every week and re-read the previous ones. You’ll notice the transformation and your negative emotions dissipating over time.

  1. Physical Activity

This is not about fitness, which is probably not high on your list of priorities during a breakup. In this case, it’s mental first aid.

High energy exercise reduces stress hormones, increases mood-enhancing neurochemicals and helps rebuild confidence gradually. Even walking can make a difference. Group activities such as gym sessions, running or swimming classes can keep you motivated and provide accountability and a sense of connection.

  1. Remove Triggers

Once the initial shock has passed, reducing exposure to emotional triggers becomes important. This may include removing photos, gifts and other reminders from your home and messages from your phone / PC.

This is not denial. You will be thinking about them anyway, so give yourself at least some breathing space by reducing the frequency instead of being immersed all the time. Sleeping in your ex-partner’s shirt might feel comforting, but in reality you’re just “getting a fix,” like an addict, which only delays your healing.

  1. Emotional Regulation Coaching

Stabilising your nervous system is essential during divorce. Simple grounding techniques can help, such as breathing slowly in for four seconds and out for six, as well as meditation. Also, grounding through senses: name 5 things you can see, 4 you can feel, 3 you can hear, 2 you can smell, 1 you can taste – to anchor yourself in the present moment.

Cognitive reframing is powerful, for example: catch a negative thought, such as “I’m unlovable” and replace it with a positive statement: “I’m experiencing withdrawal; this will pass” or similar.

  1. Reassign Blame

A key step in processing your emotional baggage is shifting how you interpret the relationship and its ending. Instead of blaming yourself or your ex, reframe the situation in more neutral terms: “We wanted different things” or “We were too young” etc.

Not all  marriages survive – and it’s never a failure. Every relationship teaches us something about ourselves and the world  if we’re willing to learn from it.

Looking ahead

I’ve worked with many divorcing clients who believed they would never feel joy again. At the time, they genuinely believe it. I also have the privilege of watching what happens next.

It’s great to see how over time, the colour returns to their faces, the liveliness to their voices, energy comes back and curiosity reappears.

Healing is not linear, and it’s not instant, but it’s predictable when supported properly. With the right mix of science-backed tools and compassionate support, your system will settle, your mind will clear and your heart can open again without fear.

Read more articles from Mila Smith

About Mila Smith

With over 20 years of experience in relationship management and a science-backed approach, I help men and women break unhealthy patterns, attract the right partner and build a happy, lasting relationship. ​​

​​If you’re planning to run a marathon, what do you do? You arrange training with a qualified coach even though, technically, you’re capable of running. You can enlist the same kind of help when it comes to dating and relationships

Do you want to do it right this time round and find love that feels like home? Now, you don’t have to do it alone anymore. There is a clear, science-backed way forward and we’re here to guide you through it.​​​​ Read more if you want to take charge of your love life.

I’ve been featured in the Daily Mail, The Mirror, HELLO!, Yahoo, BBC The Late Show, Newsweek and many other outlets. Click to check out my media coverage.​​​

Let’s talk! Call 07970564204 or email mila@single-to-couple.com

Visit www.single-to-couple.com

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The Gender Pensions Gap and Why It Matters for You in Your Divorce

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Lauren Roche
Partner
Stowe Family Law

There are so many things to consider if you are going through a divorce, it can often seem totally overwhelming and it is hard to visualise what a future outside of the process could look like. When it comes to finances, this can be even more stressful. In a lot of relationships, one partner takes control of the money – they understand the incomings and outgoings, what’s needed in terms of paying the necessities and what’s then left over. For the other partner, suddenly needing to understand the full financial landscape and plan for the future is a frightening prospect.

For women especially, this can mean that often hugely important financial matters are overlooked, which can leave people vulnerable after divorce. One area that is often not considered in divorce proceedings is pensions. The impact of the gender pensions gap means that women can be left struggling in retirement, even without adding divorce into the mix. But when these factors are combined, there can be considerable risk in not acknowledging pensions as a key part of a financial settlement. There are ways and means to ensure that this does not happen, and much of it comes down to asking the right questions and understanding what you are entitled to.

What is the Gender Pensions Gap?

Most people will have heard of the Gender Pay Gap – the difference in salary between men and women doing the same job. The Gender Pensions Gap is very similar but focuses on the amount of money in a retirement pot at the time an individual leaves work. It is estimated that there is a 56% difference in the average pension assets held by men and women when they reach retirement age.

Women tend to (although not always) have smaller pensions because they have taken on lower wage jobs or have been victims of the Gender Pay Gap) or have contributed less overall to their pot due to part time working or time out of the workforce to raise children. Women also have a longer life expectancy than men, meaning that they need more capital in retirement to produce the same annual income.

What is the impact of divorce on the Gender Pensions Gap?

According to new research released by the Pension Policy Institute (PPI) and now:pensions, divorced women typically have around £53,000 less in their pension savings compared to divorced men in the UK. A divorced woman’s annual pension income, the research states, is £13,893, only just over the minimum required for retirement living standards.

Some of this is because lots divorce financial settlements, and mostly those done without the input of a specialist lawyer, do not consider pension assets. It’s very common for people to believe that pensions are a sole asset – that they are owned by the person who’s name they are in. It is very normal to think like this, so common in fact that at least 60% of women don’t discuss pension assets during divorce, mainly because they did not know that they should. Something in your partner’s name, particularly something as untouchable as a pension seems like an asset that is not to be shared and you’ll each get what you have on retirement based on the work you did over your lifetime.  Others feel that they are not interested in pensions, as it is something that isn’t tangible to them now, often being some years away from retirement.

If you think about it differently, in a marriage, each person’s individual income goes towards supporting the family, the house and your lifestyle. You might contribute a smaller percentage of the total if you are the lower earner, but you still contribute. A pension is the same, but it just gets tucked away for years until you are ready to leave work.

In reality, pensions are often the second largest asset a couple has together, after the family home. And they should be considered in divorce. This does not always mean everything is shared directly down the middle, but you need to understand the full landscape, so you know what is available for division, and what you both need moving forwards post-divorce.

How do pensions work in divorce?

There are three ways pensions can be included in a divorce financial settlement, although two are more popular. It is important that you seek expert family law advice to work out which option will be best for you and will support your future goals. If you have a defined benefit scheme or another complicated pension, this advice will be even more important.

The first way is through pension sharing and made legally enforceable by a Pension Sharing Order which forms part of your financial settlement. Pension sharing is where one person shares a percentage of their pension with the other, and the share is transferred into the recipient’s sole name. It can be kept in the existing scheme or transferred into an alternative fund.

Secondly: pension offsetting. This is where the value of the pension is matched by another asset, for example a greater portion of the family home. The pension is not shared but the other person gets more of another asset to compensate. This is often a popular choice for women especially where they wish to retain the family home.

Finally, is a Pension Attachment Order, also called earmarking. These are decreasing in popularity because what they essentially do is maintain your ties to your ex-partner until you retire. The pension portion is only given over once it is in payment and comes to the recipient in a lump sum or regular maintenance payments.

What can you do to minimise the risk?

Understanding that pensions should be considered in divorce is important. They may not be included in a final settlement, usually if the marriage has been short or if you and your ex are still young and do not have considerable pension savings already, but you should make sure you know the lay of the land. It is difficult to get out of the mindset that pensions cannot be shared, but you should absolutely ask the question.

Make sure you know what you have in your own pot, and ensure your ex declares theirs as well. There are ways of ensuring this happens through the process of financial disclosure and filling in the Form E.

In the marathon of divorce, it can be difficult to see beyond the finish line. You just want to get it over with and move on. However, spending that little bit of extra time making sure everything is in order, and thinking ahead, can reap the rewards in the future.

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Divorce: How a Family Law Solicitor Can Help You Resolve Matters Out of Court

Published on

Elspeth Kinder, Head of JMW’s Family Law Team, discusses how a family law solicitor can help clients resolve divorce matters out of court through mediation, negotiation, arbitration and other strategic solutions.

For many individuals, divorce involves far more than the legal process of bringing a marriage to an end. It can include making decisions on complex financial arrangements, business interests, property portfolios, pensions, trusts. Those divorcing may also have concerns around privacy, family relationships and future financial security. In the right circumstances, resolving matters out of court can provide a constructive, flexible and discreet way forward. With the support of an experienced family law solicitor, it is often possible to reach a fair outcome without the intervention of the court, whilst retaining greater control over the process and the overall approach to negotiations.

Clear advice from the outset

Taking legal advice at an early stage can make a significant difference to how your case progresses. Particularly in high net worth divorce matters, there may be immediate questions around financial disclosure, valuations, liquidity, tax, and the best way to protect your position. An experienced family law solicitor will understand the issues from the outset, identify the priorities and develop a strategy that is tailored to your circumstances. This early clarity can reduce unnecessary conflict and place negotiations on a more productive footing.

Choosing the right form of non-court dispute resolution

There are several ways to resolve divorce-related issues outside of court, including solicitor-led negotiation, mediation, collaborative law, and arbitration. Each process works differently, and the right option will depend on the complexity of your case, the level of cooperation between you and your spouse and the outcome you are trying to achieve. Some cases benefit from the flexibility of mediation, while others may be better suited to arbitration where a binding decision is needed on a particular issue. A specialist family law solicitor will explain the advantages and limitations of each route and help you choose the most appropriate process for your circumstances.

Protecting your interests in complex financial cases

High net worth divorce cases often involve assets that require detailed analysis, such as family businesses, investments, inherited wealth, offshore structures, trusts and substantial pensions. Resolving these matters out of court does not mean taking a less rigorous approach. On the contrary, thorough preparation is often what makes successful negotiation possible. A solicitor with experience in complex financial remedy cases will work closely with barristers, accountants, valuers and tax advisers where needed, so that discussions are informed, realistic and focused on achieving a fair settlement.

Privacy as a key consideration

For many clients, privacy is an important factor when deciding how to approach divorce. Court proceedings can feel intrusive, particularly where there are significant assets, business interests or sensitive family matters involved. Out-of-court resolution can offer a more discreet setting in which to negotiate and resolve issues, helping to limit unnecessary exposure and keep personal and financial matters private wherever possible. An experienced family law solicitor can advise on the processes most likely to support confidentiality while still working towards a fair and practical outcome.

Working towards a fair and lasting outcome

A good outcome is not simply one that resolves the immediate dispute. It should also provide clarity, stability and a workable framework for the future. This is particularly important where there are children, ongoing business interests or continuing financial connections between the parties. A family law solicitor will help you keep sight of the bigger picture, balancing legal principles with practical realities.

Resolving divorce matters out of court can offer a more measured, private and effective way to deal with complex financial and family issues. With the right legal advice, it is possible to protect your interests, maintain greater control over the process and work towards a fair settlement that reflects your individual circumstances. If you are considering divorce and want clear advice on the options available to you, our family law team can help. Contact us today to discuss your situation in confidence and explore the most appropriate route forward.

About Elspeth Kinder

Elspeth joined JMW Solicitors in May 2018 as a Partner and Joint Head of the Family Team. Elspeth is recognised as a leader in her field by the legal directories Legal 500 and Chambers and Partners for her experience in all aspects of the law relating to personal relationships:

 

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Divorce is Rarely About Just One Thing
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Divorce is Rarely About Just One Thing

Published on
Anthony Davis
Anthony Davis
Founder and Director
By Personal Touch

One of the most common misconceptions about divorce is that it is a single event. People often think of it as completing a form, obtaining a Final Order, and then moving on with life. In reality, those of us who work with separating couples every day know that divorce is rarely that simple. More often than not, the legal ending of a marriage is just one part of a much wider journey that affects finances, housing, children, future planning, and sometimes a person’s confidence in making decisions about the next chapter of their life. 

At By Personal Touch, we speak to hundreds of people every year who are at very different stages of that journey. Some contact us within days of a separation, feeling overwhelmed and unsure where to begin. Others have already spent months trying to resolve matters themselves and simply need help formalising an agreement. Some are facing court proceedings and need practical support to navigate a process they never imagined they would have to understand. What unites almost all of them is the feeling that they have been dropped into unfamiliar territory and are trying to make important life decisions without a map. 

It is often only when we begin talking through their circumstances that they realise divorce is not simply about obtaining a divorce. There are usually several important decisions that sit behind the legal process itself. Questions arise about the family home, pensions, savings, debts, arrangements for children, future inheritance planning, and the practical realities of building a new life after separation. Whilst every family’s circumstances are different, the same themes appear time and time again. 

Many couples who come to us have already managed to reach some form of agreement. They have had difficult conversations around the kitchen table, exchanged countless messages, and eventually found a way forward that feels fair to both of them. There is often a sense of relief when that point is reached. The conflict has reduced, communication has improved, and both individuals feel ready to move on. Yet one of the most important lessons we have learned over the years is that reaching an agreement is not necessarily the end of the process. In many ways, it is the beginning of ensuring that agreement is properly protected. 

A significant part of our work involves helping couples formalise financial settlements through Financial Consent Orders. Whilst this may sound like a technical legal process, the reality is that it is often about providing certainty. People who have worked hard to negotiate a settlement want reassurance that the agreement they have reached will stand the test of time. They want confidence that future financial claims have been properly addressed and that both parties can move forward without the fear of unexpected disputes years down the line. The value of that certainty should never be underestimated. Divorce is emotionally exhausting enough without leaving important financial matters unresolved. 

What often surprises people is that many of the most successful outcomes do not originate in a courtroom. They begin with a conversation. Mediation has become an increasingly important part of helping families navigate separation because it provides a structured environment in which people can discuss difficult issues constructively. There is a common misconception that mediation is only suitable for couples who get along well. In practice, we often see the opposite. Some individuals arrive frustrated, hurt, and convinced that agreement is impossible. Yet when provided with the right environment and support, many are able to have conversations that simply were not possible around the kitchen table. 

The reason mediation can be so effective is that it encourages people to focus on solutions rather than positions. Instead of concentrating on who is right and who is wrong, the discussion shifts towards what arrangements are needed for the future. This can be particularly valuable where children are involved. Whilst the marriage may have come to an end, the responsibilities of parenting continue long after the legal process is complete. Creating a framework for constructive communication can often prove more valuable than any court order. 

Of course, not every case can be resolved through agreement alone. There are situations where communication has broken down completely, where important financial information has not been disclosed, or where significant disputes exist regarding children or finances. When matters progress to court, many people find themselves entering a world that feels intimidating and confusing. The family justice system has its own procedures, language, expectations, and deadlines. For someone who has never previously been involved in legal proceedings, the experience can feel overwhelming. 

This is where practical litigation support becomes so important. One of the most rewarding aspects of our work is helping people understand the process they are facing. Fear often stems from uncertainty. When individuals understand what documents are required, what a hearing is likely to involve, and what steps come next, they are usually able to approach proceedings with far greater confidence. Whilst nobody chooses to find themselves involved in litigation, having guidance and support can make the experience significantly less daunting. 

Yet even once financial settlements have been agreed, mediation concluded, and court proceedings finalised, another stage of the journey often remains. Separation frequently creates significant changes in a person’s financial and personal circumstances. A family home may need to be sold or transferred. A new property may be purchased. Existing Wills may no longer reflect an individual’s wishes. Beneficiaries may need to be reconsidered, and future plans properly documented. 

It is remarkable how often people devote months to resolving their divorce but overlook the practical steps needed to protect their future afterwards. Updating a Will, reviewing ownership arrangements, and ensuring that property matters are dealt with correctly are all part of creating long-term security. These decisions may not carry the same emotional weight as the separation itself, but they are often just as important in helping people move forward with confidence. 

Over the years, what has become increasingly clear is that successful separations are rarely defined by a single document or a single court order. They are defined by whether people feel able to move forward with clarity and certainty about the future. The legal process is important, but it is only one element of a much bigger picture. Financial security, effective communication, practical support, and future planning all play a role in helping families transition from one chapter of life to the next. 

Every person who contacts By Personal Touch has their own story. Their circumstances, concerns, and priorities are unique. However, beneath those individual stories lies a common objective. They want reassurance that they are making the right decisions. They want to understand their options. Most importantly, they want to know that there is a pathway through what can often feel like one of the most challenging periods of their lives. 

Divorce marks the end of a relationship, but it should also provide the opportunity for a new beginning. When the right support is available, people are able to make informed decisions, protect what matters most to them, and build a solid foundation for the future. That is why we believe divorce is never simply about obtaining a divorce. It is about helping people navigate every stage of the journey, from reaching agreement and formalising settlements, through to resolving disputes, planning for the future, and ultimately moving forward with confidence. 

About Anthony Davis

Anthony Davis is the Founder and Director of By Personal Touch, a leading UK-based divorce support service helping separating couples navigate financial settlements, mediation, litigation support, and future planning. With a background in family law and dispute resolution, Anthony has assisted hundreds of individuals through some of life’s most challenging transitions, focusing on practical, affordable, and accessible solutions. He is passionate about helping people understand their options, avoid costly mistakes, and move forward with confidence following separation. 

For more information, visit www.bypersonaltouch.com.

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When Court is the Only Solution in Divorce
A guide to when court may be the only solution in divorce, including the process, risks, and key considerations.
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When Court is the Only Solution in Divorce

Published on
Nicki Mitchell
Nicki Mitchell
Partner
Jones Myers

As a niche family law firm which champions a non-confrontational approach to divorce, Jones Myers always strives to offer our clients alternative options to a court divorce such as mediation or collaborative family practice. 

Clients undergoing divorce are at a crossroads of their lives and do not take such an enormous decision lightly. It presents numerous emotional, financial and practical challenges, even where both agree the relationship is over.  

While our experienced family law experts do everything we can to help them to choose the right path for their circumstances, sometimes going to court is the only viable option. I explain in more detail below.     

In what circumstances do couples choose a court divorce? 

This largely depends on the advice they receive. Whilst most lawyers will explain all the Non Court Dispute Resolution (NCDR) options to clients, some, who may perhaps have less or no experience in this area, are more inclined to recommend court applications.  

The court process has its place. A Judge can compel the production of financial information, ultimately, though rarely, by sending someone guilty of non-disclosure to prison. The court can also order third parties, such as accountants and other advisers who hold information relevant to the case, to provide information. 

In extreme cases – in particular where there is a lack of engagement in the process – a court can make orders without engaging with one of the couple. 

What is involved in a court process?

Before an application can be made to the court for a Financial Order – which sets out how the financial assets of separating couples will be divided – an application must have been made for a divorce or dissolution of a Civil Partnership. The various steps required can be found here.

Before applying for a Financial Order or a Child Arrangements Order – a court order court  setting out the living arrangements of a child or children involved in the divorce – the person proposing to make the application must either attend a Mediation Information and Assessment Meeting (MIAM) or be eligible for one of a small number of exemptions.

The MIAM assesses whether mediation is an option for the separating couple. A financial application starts with the exchange of full financial disclosure which is then followed by a series of up to three main court hearings.   

What are the advantages of a court process? 

Court applications are often started because one of the couple refuses to engage. Only a Judge can compel someone to produce documents or make orders in the absence of co-operation.

The court’s role is to encourage couples to make agreed decisions about their finances and children. However, some couples, for a variety of reasons, are simply unable to reach agreement and need someone to make that decision for them.  In default of agreement, the court can impose binding decisions on them. 

…and the disadvantages?

In court proceedings couples run the risk that they will lose control of decisions which will affect them for years to come. They may well not agree with what the court imposes but in reality will find it difficult to do anything about it – appeals are rare and costly. 

There is no guaranteed privacy in a court divorce – journalists can obtain permission to report in family law courts on cases involving finances and/or children’s wellbeing and future.   

Couples are appointed a judge, who is unknown to them, and who potentially makes vital decisions on key issues about their future. Continuity is not assured, with different judges often involved at different stages of the proceedings.  

Court hearings can be costly, stressful and time consuming. They heighten conflict between the couple which inevitably has a negative impact on their children and wider family.  

The duration of a court divorce can vary significantly from a few months to years if the issues are  contested. The court system is under strain and there is always the risk that a hearing may be cancelled or put off if there is insufficient court time or no available Judge. 

Court orders, whether made by agreement or imposed by a Judge, are legally binding and enforceable.  Negotiated agreements are easily converted into court orders without the need for any hearings. 

What are the first steps for those in this situation to take?   

Knowing where to start on this path can seem overwhelming. Whichever route you take, it is vital to secure the best possible legal advice from highly experienced family law professionals like Jones Myers who are members of family law group Resolution and have a strong track record in their respective fields.  

In circumstances when going to court is a client’s only viable option, Jones Myers is highly experienced in litigating in all court arenas from the Magistrate’s Court through to The Supreme Court.

Our legal experts are dedicated to safeguarding our clients’ best interests throughout the process, taking into careful consideration their immediate and long-term needs – and helping them to face the future with confidence.

For queries on divorce and family law, call 0113 246 0055 (Leeds) 01423 276104 (Harrogate), 202550 (York). Visit www.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet @helpwithdivorce.

Read more articles by Jones Myers.

Read more articles by Nicki Mitchell.

About Nicki Mitchell

With extensive experience in family law, Nicki specialises in the financial aspects of relationship breakdown – and particularly complex cases involving family businesses, multiple properties, and complicated pension arrangements. 

A skilled Mediator and Collaborative Family Lawyer, Nicki champions Alternative Dispute Resolution processes which avoid a lengthy court process and can lead much more quickly and cost effectively to a successful resolution.

Her exceptional track record also includes advising clients on the more traditional methods of resolving issues surrounding family breakdowns. Nicki.mitchell@jonesmyers.co.uk  01904 202553, www.jonesmyers.co.uk 

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