family court 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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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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Family Court Leaves Children In Uncertainty For Nine Months
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Family Court Leaves Children In Uncertainty For Nine Months

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Alison Bull
Alison Bull
Partner
Mills & Reeve LLP
Donna Morgan
Donna Morgan
Counsellor and Therapist
Donna Morgan Counselling
Jane Ingleby
Jane Ingleby
Partner
Mills & Reeve LLP

 

 

 

 

 

 

Private law family court cases took an average of nine months to conclude over the last two years, meaning children involved in proceedings are effectively spending the equivalent of a full school year or around six summer holidays in legal limbo, new analysis reveals.

The research, conducted by leading law firm Mills & Reeve, used Freedom of Information requests submitted to HM Courts and Tribunals Service (HMCTS) to obtain detailed data on private family court cases across 2024 and 2025, including case volumes, duration, hearing rates and regional variation.

Across private law, the family courts dealt with 44,494 cases in 2024, with an average duration of 41.8 weeks and 2.5 hearings per case. In the first half of 2025, there were 20,075 cases, with an average duration of 39.7 weeks and 2.4 hearings per case.

Commenting on the findings, Alison Bull, partner at Mills & Reeve, said: “It’s clear that too many families are still facing significant delays in the family courts, with cases routinely lasting around nine months. For children, that is not just a legal process on paper, it’s the equivalent of a full school year spent in uncertainty or around six summer holidays. Research shows that outcomes for children and young people can be negatively affected by ongoing parental disagreement and conflict, which can further feed into that uncertainty.

“While there are some signs of modest improvement in parts of the system, overall progress remains limited and uneven. The picture continues to point to sustained pressure on the family courts, with persistent delays and variability in outcomes across different types of cases and regions, indicating that underlying challenges in capacity and timeliness have not yet been fully addressed.”

These delays can prolong disputes and make it more difficult for families to move forward, leaving children without stability or certainty while arrangements remain unresolved. Donna Morgan, an experienced counsellor with more than 26 years of practice supporting children, young people, adults and families, said:

“In my experience, it’s often the uncertainty surrounding separation and divorce that has the greatest emotional impact on children. Children are remarkably resilient when they feel safe, informed and supported. However, when decisions remain unresolved for extended periods, children can be left feeling anxious, confused and emotionally unsettled.

“Children rely on stability and predictability to feel secure. When they are unsure where they will live or when they will see each parent, many begin to worry about things they cannot control. What they need is reassurance, consistency and confidence that the adults around them are working to protect their wellbeing. This can make a significant difference to a child’s emotional health both during separation and in the years that follow.”

Across both years, the North West remained the highest region for hearings per private law family court case across both 2024 and 2025, recording an average of 2.8. Meanwhile, London recorded the lowest average hearings per case in 2024 at 2.3, while Wales recorded the lowest average in 2025 at 2.1.

As a result of these delays, family arbitrations in England and Wales have doubled since 2023, according to figures from the Institute of Family Law Arbitrators. This followed a rule change in 2024 requiring parties to consider alternative forms of dispute resolution before proceeding to court.

Family arbitration is a private process used to resolve financial and children arrangement disputes when couples separate, providing a binding decision without the need for court proceedings where agreement cannot be reached through mediation or negotiation. It can be used to resolve disputes concerning children as well as financial matters.

Jane Ingleby, partner at Mills & Reeve, added: “When court timetables are stretched, families often benefit from considering alternative routes to resolution. Solutions like family arbitration offer a private and structured way to resolve disputes about finances and children without the delays of court. 

“It allows parties to choose an experienced decision-maker, set more flexible timetables and reach binding outcomes more quickly, while maintaining confidentiality. For many separating couples, it can provide a more efficient and focused way of resolving issues at what is often a very difficult time.”

Donna has also shared five tips for parents supporting children through separation:  

  • Provide age-appropriate honesty: Children need truthful information that is appropriate for their age and level of understanding. 
  • Maintain routines wherever possible: Regular routines around school, activities, mealtimes and bedtime help children feel secure.
  • Keep children out of adult conflict: Children should never feel responsible for managing communication between parents or be asked to take sides. 
  • Encourage emotional expression: Create opportunities for children to talk, ask questions, draw, play, or express their emotions in ways that feel comfortable and natural to them. 
  • Offer frequent reassurance: Remind them that the separation is not their fault and that the adults around them are working together to keep them safe and cared for.

Read more articles by Mills & Reeves LLP.

About Alison Bull

Alison is a highly experienced family mediator, financial and children arbitrator, and lawyer. She is passionate about sorting things out without attending court if possible, and used to handling complex, conflictual situations in England & Wales and internationally. She focuses on the bigger picture and the best interests of children, and is an effective litigator when required. Alison helps clients to agree parenting plans, and with issues about property, businesses, trusts, pensions and international assets. As well as working with individuals, she has conducted many cases working with separating couples who want to reach agreement together in mediation or with the advice of one lawyer.

About Donna Morgan

Donna Morgan is an experienced counsellor with more than 26 years of practice supporting children, young people, adults and families. She specialises in anxiety, trauma, family relationships, separation and emotional wellbeing. Drawing on a humanistic and trauma-informed approach, Donna helps parents and children navigate significant life transitions with greater emotional safety, resilience and understanding.

Alongside her private practice in Surrey, Donna has extensive experience working within educational settings and supporting families through periods of change, conflict and emotional challenge. Her work focuses on helping parents better understand their children’s emotional needs while building healthier communication and stronger family relationships during times of transition.

About Jane Ingleby

Jane is a highly experienced family law solicitor, with a particular focus on complex financial and children matters. Her practice includes high-conflict child arrangements, allegations of alienating behaviours and domestic abuse, UK and international relocation and surrogacy.

She is also highly skilled in advising on the financial aspects of separation, especially in cases involving businesses and trusts. In addition, Jane provides expert guidance on wealth protection, including pre- and post-nuptial agreements.

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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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When a Holiday Becomes a Court Case

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Gergely Fried
Gergely Fried
McKenzie Friend and Founder of Everyman Justice

Sponsored post by Everyman Justice.

Every summer, family courts see an increase in applications about children travelling abroad. On paper, these are disputes about flights, passports and dates. Sit in on enough of them, or sit across the table from enough parents preparing for one, and you notice something else. The holiday is rarely the thing anyone is actually angry about.

The argument that isn’t really about Spain

Nobody falls out over a week in Marbella. What they fall out over is what the request represents. A parent who feels shut out of decisions reads “can I take them abroad” as one more thing being decided without them. A parent who has spent two years being doubted and second-guessed reads “I need to know everything about this trip” as control dressed up as concern. By the time anyone mentions a Specific Issue Order, the holiday has become the battlefield for an argument that started months, sometimes years, earlier.

Better wording in a parenting plan won’t repair a trust problem. It will just move the argument to the next clause.

Consent as the last lever left

Here’s the part that legal guidance doesn’t always capture. After separation, a lot of parents lose most of the levers they used to have — they don’t decide the school run, the bedtime, the new partner who’s now around the kids. Consent to travel is often one of the only decisions left where their “no” still has weight. That makes it tempting to use, consciously or not, as leverage rather than as a genuine judgment about the child’s welfare. Withholding agreement can become less about the destination and more about being the one who still gets a say.

This is uncomfortable to write because it cuts both ways. Sometimes “I’m not comfortable with this” is a legitimate safeguarding instinct — a new partner nobody’s met, a country with weak return mechanisms, a parent with a pattern of not bringing children back on time. Sometimes it’s a respectable-sounding excuse for punishing an ex by making something they want harder to get. The two can look identical from the outside, and most parents convince themselves they’re the first kind even when they’re behaving like the second.

Booking first, asking later

The other recurring pattern: flights and accommodation get paid for before the other parent is even consulted. Sometimes that’s naivety — one parent genuinely assumes consent isn’t really in question. Sometimes it’s strategic — book it, tell the kids, then any refusal looks unreasonable and costly. Either way it backfires. Once money is spent, “let’s discuss this” turns into “you’re trying to ruin this,” and a conversation that could have taken five minutes becomes a standoff.

The irony is that most parents would never book a holiday with friends or extended family before checking everyone was available. Yet after separation, many make that assumption with the one person whose agreement may matter most. What feels like confidence to one parent often feels like exclusion to the other.

Too often, family courts are asked to decide questions that, in healthier co-parenting relationships, would never reach a judge.

What the court is actually weighing

Parents going into these applications often frame it, even to themselves, as “who deserves this holiday.” The court isn’t asking that question. It’s asking what serves the child’s welfare, and a parent who arrives showing they tried to communicate, gave reasonable notice, and shared a full itinerary is in a different position to one who books first and asks forgiveness later. The court is less interested in who “wins” the argument than in whether the proposed arrangements genuinely promote the child’s welfare. Parents who can show they communicated early, shared information and acted reasonably are usually in a much stronger position than those who created unnecessary conflict.

The children are listening more than anyone realises

Kids pick up far more than parents think. They hear “we’ll see,” they hear a tense phone call, and they fill in the blanks themselves — usually with something worse than the truth. A holiday that should be something to look forward to becomes something to be anxious about, and the child ends up carrying a dispute that was never theirs to carry.

What actually prevents this

None of this means every refusal is unreasonable. There are cases where concerns about abduction, safeguarding, or a parent’s previous behaviour make court involvement entirely appropriate. The challenge is recognising the difference between a genuine risk and a conflict that has simply found a new subject.

Not a longer clause in a Child Arrangements Order. A conversation that happens before anything is booked, where the request is just a request — not an announcement, not a fait accompli. Most of these cases could have been resolved with one calm exchange of information six months earlier. By the time it reaches court, it is rarely just a holiday dispute anymore. It is a trust dispute that happens to involve a holiday. No court order can repair that. It can only decide what happens next. The real challenge is not deciding where a child spends two weeks in August. It is helping parents make the next ten years of decisions without needing a judge every time.

Read more articles by Gergely Fried

About Gergely Fried

Gergely Fried is a McKenzie Friend, author, and the founder of Everyman Justice. With a background in education and business, and personal experience of child arrangements proceedings, he supports parents navigating the UK family court system with calm, practical guidance and emotional insight. His work focuses on clarity, emotional understanding, and reducing unnecessary conflict, always with the child’s wellbeing at the centre.

His book, Conflict by Design, guides parents step by step through child arrangements proceedings using a realistic case narrative, explaining what to expect in clear, accessible language rather than legal or academic jargon.

Everyman Justice: https://everymanjustice.co.uk/
Support & Help: https://everymanjustice.co.uk/support-and-help/

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

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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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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

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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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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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The Emotional Reality of Self-Representation: Why Good Parents Freeze in Court

The Emotional Reality of Self-Representation: Why Good Parents Freeze in Court

Published on
Gergely Fried
Gergely Fried
McKenzie Friend and Founder of Everyman Justice

Sponsored post by Everyman Justice.

A parent sits at their kitchen table late at night, reading the same court letter for the fourth time. They understand the words individually, but not what is really being asked of them or what might happen if they get it wrong. The hearing is coming. The stakes feel enormous. And despite caring deeply about their child, they feel unable to move forward.

This quiet moment is familiar to many parents representing themselves in the UK family court. While attention often focuses on forms, hearings, and legal outcomes, the emotional reality of self-representation is discussed far less. Yet it is this emotional weight not a lack of commitment or intelligence that often explains why capable, loving parents appear to freeze during proceedings.

Understanding this experience requires looking beyond procedure and recognising the psychological pressure parents are under when navigating a high-stakes system alone.

The Pressure of Getting It “Right”

For parents without legal representation, every letter and every hearing can feel decisive. There is often a belief that one wrong word, missed deadline, or poorly phrased response could permanently damage their relationship with their child.

That pressure creates constant vigilance. Parents reread emails repeatedly, second-guess their wording, and worry about how they will be perceived by professionals they may never meet face-to-face. Over time, this can lead to paralysis rather than clarity.

Some parents delay responding because they fear making a mistake. Others send long, emotionally charged messages because they feel an urgent need to be understood. Both responses are human reactions to fear, not signs of indifference or poor parenting.

When Emotion Collides With Structure

The family court process is structured, procedural, and often impersonal. Emotional experiences, however, are not. Parents are expected to communicate calmly and concisely even when discussing fear, loss, or uncertainty about their child’s future.

This mismatch can be deeply unsettling. Parents may worry that expressing distress will make them appear unstable, while restraining emotion may feel like minimising what truly matters. The result is often an internal conflict between honesty and self-protection.

When parents feel they must choose between being understood and being composed, it is unsurprising that some become hesitant or withdrawn at key moments.

The Myth of “The Court Will Just See the Truth”

Many self-represented parents enter proceedings believing that if they are truthful and reasonable, the system will naturally recognise this. While honesty and cooperation matter, family court decisions are not based on moral certainty.

They are made on how information is presented, assessed, and weighed often through written evidence and professional reports. Parents unfamiliar with this process may assume that the strength of their feelings will translate directly into the strength of their case.

When this does not happen, parents can feel confused or disillusioned. That emotional response may then shape future communication, sometimes leading to withdrawal or heightened frustration.

Fear, Shame, and the Loss of Confidence

Self-representation can also trigger feelings of shame or inadequacy. Some parents worry that representing themselves reflects poorly on them, or that professionals will assume they are less capable because they do not have a solicitor.

These concerns are rarely voiced, but they influence behaviour. Parents may avoid asking questions, hesitate to seek clarification, or agree to things they do not fully understand. In trying to appear cooperative, they may unintentionally sideline their own perspective.

Confidence, once shaken, is difficult to regain in an environment that already feels intimidating.

Finding Small Anchors During Uncertainty

While there is no simple solution to this pressure, some parents seem better able to stay grounded than others. What often helps is not legal expertise, but small forms of emotional structure having one trusted person to talk things through with, writing thoughts down privately before responding, or giving themselves permission to pause rather than react immediately.

These are not strategies for “winning” a case. They are ways of reducing emotional overload so parents can engage more clearly with a process that already demands a great deal from them. Even keeping a simple decision log “Today I received X, I responded with Y” can provide reassurance later that progress is being made, especially during periods when everything feels stalled or uncertain.

The Impact on Parenting During Proceedings

The emotional strain of self-representation does not end at the courtroom door. Parents often carry that stress home, where it can affect sleep, patience, and emotional availability.

Children may notice changes even when parents try to protect them. Increased anxiety, irritability, or withdrawal can be signs of a parent under sustained pressure. This does not indicate failure it reflects the weight of navigating uncertainty alone.

When parents feel overwhelmed, maintaining emotional stability becomes harder, not because they care less, but because they are carrying too much.

Why Emotional Understanding Matters

Recognising the emotional reality of self-representation does not mean lowering expectations or avoiding accountability. It means acknowledging that clarity and confidence are shaped as much by emotional safety as by procedural knowledge.

When parents feel steadier, they communicate more clearly, make fewer reactive decisions, and are better able to focus on their child’s needs rather than their own fear. Even small reductions in anxiety can have a meaningful impact on how parents experience the process and how effectively they participate in it.

What This Means for Parents

Freezing under pressure is not a personal failing. It is often a sign that something deeply important is at stake and that the person involved does not feel safe enough to make a mistake.

Self-represented parents are rarely trying to challenge the system. Most are trying to protect their children while navigating unfamiliar terrain with limited support.

Understanding this emotional reality does not change the law, but it can change how parents experience it. And when parents feel more supported and less afraid of getting things wrong, children are more likely to experience stability during a time of uncertainty.

This article is intended for general information and emotional support only and does not constitute legal advice.

Read more from Gergely Fried

About Gergely Fried

Gergely Fried is a McKenzie Friend, author, and the founder of Everyman Justice. With a background in education and business, and personal experience of child arrangements proceedings, he supports parents navigating the UK family court system with calm, practical guidance and emotional insight. His work focuses on clarity, emotional understanding, and reducing unnecessary conflict, always with the child’s wellbeing at the centre.

His book, Conflict by Design, guides parents step by step through child arrangements proceedings using a realistic case narrative, explaining what to expect in clear, accessible language rather than legal or academic jargon.

Everyman Justice: https://everymanjustice.co.uk/
Support & Help: https://everymanjustice.co.uk/support-and-help/

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The Hidden Challenges Immigrant Parents Face in the UK Family Court
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The Hidden Challenges Immigrant Parents Face in the UK Family Court

Published on
Gergely Fried
Gergely Fried
McKenzie Friend and Founder of Everyman Justice

Sponsored post by Everyman Justice.

UK Family Court

When parents separate, the family court process can feel overwhelming for anyone. But for parents who have moved to the UK from abroad, the challenges are often deeper and more complex. Differences in language, legal systems, cultural expectations, and access to support can turn an already stressful situation into something far more daunting.

Many parents come from countries with different family law systems, communication styles, or cultural attitudes toward questioning authority. In those circumstances, tasks that may appear straightforward, such as completing forms or understanding a Cafcass letter, can feel intimidating and confusing. This article explores the language barriers, cultural misunderstandings, and systemic assumptions that can make the process harder for immigrant parents, and why empathy and clarity matter so much.

When English Is Not Your First Language

Even parents who speak English confidently in everyday life often struggle when faced with legal or formal language. Court correspondence uses specific terminology that carries precise meanings, and these meanings are not always obvious.

Terms such as parental responsibility, fact-finding hearing, or position statement are not part of ordinary conversation. Misunderstanding them can lead parents to respond in ways that unintentionally weaken their position. Some parents worry about appearing uninformed or uncooperative, so they avoid asking questions. That silence may then be misinterpreted as disengagement, when it is actually rooted in fear or uncertainty.

I have spoken to parents who read the same paragraph repeatedly without feeling sure they understood it correctly. The emotional weight of that confusion is often invisible to professionals, but it shapes how confidently or hesitantly a parent participates in the process.

The Emotional Pressure of Navigating Court Alone

Many parents going through family court have some form of support around them. Friends, extended family, or colleagues who are familiar with the UK system can help them make sense of what is happening.

Parents who have moved to the UK more recently often do not have that network. Some have no one they feel comfortable asking for guidance. Others worry that asking the “wrong” question might somehow harm their case. The fear of making a mistake can be paralysing.

When a parent is separated from their wider family and cultural community, the emotional stakes are even higher. The fear of losing contact with a child can feel amplified when there is no familiar support structure nearby. That emotional pressure can affect how parents communicate, how they present themselves, and how they cope with the demands of the process.

Cultural Differences and Misinterpretation

Family dynamics and communication styles vary widely across cultures. In some cultures, avoiding eye contact is a sign of respect. In others, emotional restraint is valued over direct expression. Some parents are raised to defer to authority rather than challenge it.

Within the UK family court system, these behaviours can sometimes be misunderstood. A parent who avoids eye contact may be seen as evasive. A parent who speaks passionately may be perceived as aggressive. A parent who hesitates to question professionals may be viewed as disengaged.

These interpretations are rarely intentional, but they can influence how a parent is perceived. When cultural context is not fully understood, well-intended behaviour can be misread in ways that affect outcomes.

A System That Assumes Prior Knowledge

Court forms and procedures, including C100 applications, C1A allegations, statements, and evidence bundles, often assume a baseline understanding of how the UK legal system operates. For many parents who have moved to the UK, that knowledge was never available to them.

Beyond the forms themselves, many parents are unaware of how decisions are actually made. Family courts operate on the balance of probabilities rather than certainty, which can be unfamiliar to those from different legal traditions.

Without understanding how evidence is assessed or how concerns are framed, parents may approach the process with expectations that do not align with how outcomes are decided. This can lead to frustration, confusion, and a sense that the system is unpredictable or unfair, even when procedures are being followed correctly.

Interpreters and Practical Access to Support

Language support does exist within the family court system, including access to interpreters when requested. However, many parents are unaware that this support is available or feel uncomfortable asking for it.

Clearer information about interpreter availability, alongside plainer language guidance and greater cultural awareness, could help reduce misunderstandings before they affect outcomes. Small changes in how information is explained and how behaviour is interpreted may significantly improve fairness without lowering standards.

Small Steps That Can Make a Difference

While every situation is different, a few approaches can help parents feel more grounded during proceedings:

Taking time to slow down. Court communication often feels urgent, but responding while overwhelmed increases confusion. Reading documents carefully, drafting responses before sending them, and asking for clarification where needed can reduce mistakes.

Separating emotion from structure. Emotional experiences are valid, but court documents usually require clarity and structure. Writing drafts privately before refining them can help parents express concerns in a way the court can engage with.

Keeping simple records. Many parents are unsure what evidence matters. Keeping a basic timeline of key events, copies of important messages, and notes of significant interactions can help parents stay organised and feel more prepared.

Why Empathy Matters for Children

Children are deeply affected by parental stress, even when it is not spoken about directly. Anxiety can show up in disrupted sleep, increased clinginess, or worry about conversations they only partially understand.

When parents feel calmer and more supported, they are better able to provide emotional stability. Clearer communication and reduced stress can help children feel safer during a period of uncertainty, which is ultimately what the family court process aims to protect.

A Closing Reflection

This article is not about criticising the family court system or promoting any particular service. It is an honest reflection on the emotional and practical barriers that parents from abroad often face when navigating an unfamiliar legal environment.

Needing extra explanation does not make a parent less capable. Asking questions does not indicate weakness. Struggling with an unfamiliar system does not reflect on a parent’s ability to care for their child.

Empathy, clarity, and understanding do not change the law, but they can change how families experience the process. And that can make a meaningful difference for both parents and children.

This article is intended for general information and emotional support only and does not constitute legal advice.

About Gergely Fried

Gergely Fried is a McKenzie Friend, author, and the founder of Everyman Justice. With a background in education and business, and personal experience of child arrangements proceedings, he supports parents navigating the UK family court system with calm, practical guidance and emotional insight. His work focuses on clarity, emotional understanding, and reducing unnecessary conflict, always with the child’s wellbeing at the centre.

His book, Conflict by Design, guides parents step by step through child arrangements proceedings using a realistic case narrative, explaining what to expect in clear, accessible language rather than legal or academic jargon.

Everyman Justice: https://everymanjustice.co.uk/
Support & Help: https://everymanjustice.co.uk/support-and-help/

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Mediation, Arbitration, Collaborative Law, or Court? Choosing the Best Option for You
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Mediation, Arbitration, Collaborative Law, or Court? Choosing the Best Option for You

Published on
Nicki Mitchell
Nicki Mitchell
Partner
Jones Myers

Sponsored post by Jones Myers.

As an experienced Family Law Mediator and Collaborative Family Lawyer with extensive expertise in litigation, I understand the challenges facing separating couples in finding the right way to divorce for their individual circumstances.

The trepidation of a prolonged, costly and stressful court divorce is prompting an increasing number of  couples to seek out routes such as mediation and collaborative family law which avoid going to court. 

Another option is arbitration where separating couples hire a ‘private judge’ to accelerate the outcome of their financial settlements. 

Known as Alternative Dispute Resolution – because they provide alternatives to litigating in court – these three options put children’s best interests first. They also promote a spirit of spirit of collaboration for spouses and parents to achieve the best solutions.  

I hope the insights below will help you to decide which is best for your unique situation.   

What is mediation?

Mediation is a means of resolving family disputes constructively. It enables you to keep  control over  decisions which will  affect the future of you and your family.  In  the court process you hand those decisions over to a judge, who does not know you or your family and knows nothing about what is important to you. Mediation is appropriate for most situations including the most financially complex. 

Who is involved in mediation?

The private and confidential process takes place in a safe, impartial environment and involves a mediator like me, an independent third party who helps you and your ex to reach an agreement over key areas.  At the outset both of you sign an Agreement to Mediate so negotiations can continue on a ‘without prejudice’ basis. 

The number of discussions/sessions varies for each couple depending upon the complexity of the split. As a facilitator, the mediator assists, guides, and helps you to move dialogue forward.  

Many mediators, myself included, are lawyers and can provide extremely useful information about the law to inform your decisions. 

Whether or not they are legally qualified, mediators will recommend that you each  retain  your own solicitor who can provide specific legal advice where required during the process.

What does success in mediation look like?

A successful outcome in mediation can mean many things.  Many couples choose the mediation process to get to an agreement which is formalised in a binding Court Order. 

Often called a Final Order, this is a legal document which officially terminates your marriage without you having to go to court.  However, mediation has many other advantages, including developing a new way of communicating as separated parents. 

Is mediation compulsory?

No. Mediation is a voluntary process. You may have read about a Mediation Information and Assessment Meeting (MIAM) meeting, usually relating to cases involving finances or children, which all divorcing couples are expected to attend before court proceedings are issued. 

These meetings are designed to inform  you both about alternative resolution schemes and to establish if the circumstances are suitable for mediation.

What are the advantages and disadvantages?

Mediation can result in a swifter resolution, reducing legal expenses which mount up in prolonged court cases between warring couples. Highly confidential, it is a more impartial and considered approach and can lessen the emotional impact of separation and divorce on children. 

What happens if mediation fails? 

Due to its voluntary nature, talks can be concluded at any time if headway is not made. However, there are many ways in which the process can be adapted to get over sticky issues and avoid failure.  

There is an increasing trend towards lawyers being present in mediation sessions to provide technical advice and support during the process, in particular where there are complex legal issues.  

Alternatively, disputed legal points can be determined by bringing in a neutral lawyer to give a view or even an arbitrator to give a binding decision on a particular issue.  All of this can be done in the context of mediation.

What is collaborative family practice?

In collaborative family practice separating couples make a commitment to avoid the court route and to work together with specially trained lawyers to make their own decisions about the future. 

Like mediation, it champions a spirit of collaboration and compromise, is entirely confidential – and puts children’s needs at the heart of discussions.   

How does it work – and who is involved?

You and your ex each appoint your own collaboratively trained lawyer and undertake a series of meetings where you all work together to identify, address and resolve financial, parenting and other key issues.   

Collaborative family lawyers  provide support and legal advice throughout the sessions. Accountants, independent financial advisers, pensions advisers and/or childcare specialists can also attend and provide guidance on a neutral basis. You have as many or as few meetings as are necessary to resolve the issues between you.  

At the outset you, your collaborative lawyers and other specialists involved, sign a Participation Agreement that commits all of you to strive to reach resolutions without going to court. 

The agreement  prevents your collaborative lawyers from representing you in court if the collaborative process fails, ensuring everyone is wholly bought into making the process work.    

What are the advantages and disadvantages?

Like mediation, collaborative family  practice puts you and your ex in the driving seat so you can progress the sessions at your own pace, working around your respective work and family commitments. 

Faster, less stressful and more cost effective than going to court, it ensures that everyone involved is committed to achieving a solution. In times where transparency is encouraged in the family courts and journalists can attend hearings, collaborative practice guarantees your family’s privacy.

What happens if a successful outcome is reached? 

Once an agreement is reached, your lawyers will put it into effect, obtaining a formally binding Court Order without you having to go to court. 

What if talks break down?

At any time during the sessions either of you can terminate the process through a Formal Notice of Withdrawal if you feel no headway is being made. Again, as in mediation, failure can be avoided with the right support, including where necessary, an early neutral evaluation or arbitration on disputed legal issues. 

What is the difference between mediation and collaborative family practice?

In mediation, family mediators are neutral – they cannot give advice to either party as their role is  to facilitate discussions.

This differs from collaborative family lawyers who can advise those they represent at the same time as conducting the negotiations. As highlighted above, collaborative lawyers sign up to an agreement not to go to court, which provides a positive investment in the process for the whole team.  

What is arbitration?

Arbitration is a private court hearing where divorcing couples take on a ‘private judge’, officially known as an arbitrator, to achieve a resolution to their financial settlements.  

How does it work?

Like mediation and collaborative family practice, this option, also conducted in a safe and confidential environment, can avoid a prolonged, expensive and, potentially, public court hearing.  

Similar to a judge, the arbitrator hears evidence from both of you, collects relevant facts and bases their decision on the evidence, considering the views of you both.  

The arbitrator then makes an Award over who should have what which is final and binding.

What are the advantages and disadvantages?

Divorcing couples have the same arbitrator through the process, something which  rarely happens at court where different Judges are involved at different stages of the proceedings.

Quicker, confidential and more flexible than a court option, there is a substantial cost saving when delays are avoided. Divorcing couples set and agree their own timetable at the outset. 

If an arbitrator is to be used, this is something which must be agreed. There is no power to compel anyone to arbitrate. Also, arbitrators have no power to secure disclosure from third parties such as accountants or financial advisors or instruct them to present evidence at meetings.      

Can couples involved in a court divorce opt for arbitration?

Yes. Court rules give judges the power to halt court proceedings to give you both the opportunity to resolve the dispute through arbitration or indeed any other form of NCDR.

In what circumstances do couples choose a court divorce?

This largely depends on the advice which couples receive. Whilst most lawyers will explain all the dispute resolution options to clients, some, who may perhaps have less or no experience of NCDR, are more inclined to recommend court applications.  

The court process has its place. A Judge has the power to compel the production of financial information, ultimately by sending someone guilty of non-disclosure to prison. The court can also order third parties who hold information relevant to the case, for example accountants and other advisers, to provide information. In extreme cases a court can make orders without any engagement from one of the parties. 

What does a court process entail?

Before an application can be made to the court for a Financial Order an application must have been made for a divorce or dissolution of a Civil Partnership.  The various steps required to get a divorce can be found on the Government website.

As outlined above, before a court application can be made for a financial or children order, every divorcing couple must also  attend a Mediation Information and Assessment Meeting

A financial application will involve the exchange of full financial disclosure followed by a series of up to three main court hearings.   

What are the pros and cons of a court process?

The role of the court is to encourage parties to make agreed decisions about their finances and children and, in default of agreement, to make binding decisions for them 

Court orders, whether made by agreement or imposed by a Judge, are legally binding and enforceable. 

There is no privacy in a court divorce, where the proceedings are open. Since 2023 journalists have been able to report in family law courts on cases which include the wellbeing and future of children whose parents are divorcing.  

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

Court hearings can be costly, stressful and time consuming. They can heighten conflict between the couple and run the risk of a case being adjourned or unfinished due to pressure on court time or a judge becoming unavailable.

The duration of a court divorce can vary significantly from a few months to years if the divorce is contested. 

The breakdown of a marriage invariably leaves those involved emotionally and physically drained and few couples take the decision to separate and divorce lightly

Knowing where to start on this critical path, which will impact on the future of all involved and affect the wellbeing of children involved, can seem overwhelming.  

Whichever route you take when embarking on divorce, it is critical that you secure the best possible legal advice.

I cannot emphasise enough the importance of working with 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.   

Because we understand that every case is different, our family law experts, who are leaders in their field, deliver a bespoke service, outlining options and offering legal and practical advice at every stage to help them make informed decisions.

Read more articles by Nicki Mitchell.

Read more articles by Jones Myers.

About Nicki Mitchell

With over three decades of 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, Child Inclusive 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

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Navigating Family Law: What Parents Need to Know When Autism is a Factor
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Navigating Family Law: What Parents Need to Know When Autism is a Factor

Published on
Sarah Whitelegge
Sarah Whitelegge
Senior Associate
Myerson Solicitors

Separation and child arrangements can be highly emotional and stressful, with no one-size-fits-all solution. For families affected by autism, these challenges can be even more complex. It is crucial to ensure that the legal process prioritises the well-being of both children and parents, and understanding how to navigate family law in an autism-friendly way can make all the difference.

Making Legal Processes Autism-Friendly

Every family’s experience of separation is unique, but for families with an autistic child or parent, additional considerations must be taken into account. Autism can affect communication, emotional regulation, and responses to change; factors that are central to family law proceedings involving children. Family law professionals are increasingly recognising the need to adapt their approach to neurodivergence.

It is estimated that 15% of the population is neurodivergent. To help practitioners consider best practices and accommodate neurodivergence, the Family Justice Council has published guidance for family lawyers on neurodiversity. This guidance highlights that failing to accommodate neurodivergence within the Family Justice System can prevent parties and children from fully participating in proceedings and dispute resolution.

Practical Adjustments for Parents Navigating Family Law

If you are a parent navigating family law with autism in mind, here are some key adjustments that may help:

  • Agreeing on the most suitable method of contact and communication: Determine whether emails, phone calls, or face-to-face meetings work best for your needs.
  • Receiving both physical and digital copies of documents
  • Taking sensory factors into account in office and meeting spaces
  • Sharing your preference for whether meetings should be held remotely or in person
  • Requesting visual aids (e.g. charts, diagrams) to enhance understanding of legal proceedings

Autism and Navigating the Family Court

If court proceedings become necessary, it is important to ensure that the court is informed of any neurodivergence within your family, so that appropriate adjustments can be made and support provided.

Part 3A and the accompanying Practice Direction 3AA were introduced into the Family Procedure Rules in November 2017. The rules establish a framework for proceedings involving vulnerable individuals and require the court, legal representatives, and all parties to identify any vulnerable persons as early as possible.

If a party is neurodivergent, this should be disclosed promptly to ensure the necessary adjustments are made. The court must then assess whether one or more participation directions are required to support the party involved in the proceedings or providing evidence.

The court may also appoint an intermediary. An intermediary is a neutral third party tasked with assessing the needs of a vulnerable individual and providing support.

The intermediary helps facilitate communication by relaying questions to the individual in a way they can understand, and by assisting the person asking the questions to ensure clarity.

Additionally, the intermediary can suggest ways to support the party and make recommendations to the court, such as allowing breaks during evidence presentation and ensuring questions are asked in short, clear segments.

When Autistic Children are Involved

In cases involving children with autism, it is crucial to ensure that any appointed expert has specific experience in working with autistic children. Besides, consideration should be given to whether the child requires support from an intermediary during interviews or if the case would benefit from the child having their own legal representation.

Alternatives to Court

Family lawyers committed to constructive resolution often recommend alternative methods such as mediation and collaborative law. These approaches promote communication, encourage cooperation between parties and mutual problem-solving, potentially reducing the stress and anxiety of court proceedings.

Arbitration and private hearings can take place in more suitable venues, creating surroundings conducive to settlement discussions. With a judge able to dedicate the entire day to the case, parties may find the process less overwhelming and more accommodating.

There are several steps family law professionals can take to help neurodiverse clients manage the challenges of family law proceedings. For families, it’s important to understand what can be done to support them. By providing tailored support and understanding, legal practitioners play a crucial role in ensuring families affected by autism receive the guidance they need and feel empowered throughout their legal journey.

Read more articles by Myerson Solicitors.

About Sarah Whitelegge

Sarah Whitelegge is a Senior Associate at Myerson Solicitors, a Top 200 UK law firm based in Altrincham, Greater Manchester. She specialises in family law, advising on divorce, financial settlements, cohabitation, nuptial agreements, child disputes, and domestic violence. With expertise in complex children matters, she has extensive advocacy experience in the Family Courts. A Resolution-accredited specialist in private children law and domestic violence, Sarah has practised family law since 2007. She holds a history degree from Leeds University and completed her legal training at Manchester Metropolitan University.

For more information about Myerson Solicitors and its Family Team, visit: https://www.myerson.co.uk/personal/family-law

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Journalists Can Now Report on Family Law Cases in Court - Is This Good or Bad?
Photo by Ailbhe Flynn on Unsplash
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Journalists Can Now Report on Family Law Cases in Court – Is This Good or Bad?

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Anthony Parrish
Anthony Parrish
Partner
Jones Myers

Sponsored post by Jones Myers.

In a milestone development starting this week, accredited journalists can report in family law courts on cases which decide the future and wellbeing of children whose parents are divorcing.

They can also report on cases which determine if children should be taken into care.  

Whereas the media have previously been allowed to observe such hearings since 2009 – but only report on what a judge allowed – they can now write in detail on cases, have access to some legal documents and interview families about their cases – providing their identify is protected.

The move follows a two-year pilot scheme covering private and public law children law cases. It aims to remove long-standing concerns about the ‘secrecy’ surrounding family courts, create greater transparency and build public confidence.

As a whole, our Children’s Department – which covers every area of public and private children law – sees the change as a favourable move.

There are some reservations however about how those who represent themselves in Court Proceedings – because they either can’t afford a family lawyer or simply choose to do so – may try to use the media to their own advantage.

This could apply in situations where they portray the other party in an unfavourable light or put their privacy at risk. Such scenarios raise concerns about safety and especially around the potential for social media platforms to be abused.

On the positive side, as long as journalists adhere to responsible reporting, the development will provide a constructive insight in helping the public to understand the realities of the Family Court System – and for an unbiased approach to be taken.

The new reporting freedoms could also see divorcing couples – particularly those with a profile in their community who are concerned about protecting their own and their children’s privacy – resolve matters out of the courtroom glare.

This can be achieved through alternative routes such as mediation or the collaborative process which help separating couples to find an agreed way forward in a constructive, positive manner.

Less costly, acrimonious, and drawn-out, these alternatives protect children being exposed to the fall out of their parents’ relationship. They prioritise children’s well-being and help the long-term interests of all those involved in the break-up.

Our family law experts are at the forefront of options which take a non-confrontational approach to relationship breakdown and put children’s best interests first.

The specialisms of our award-winning Children’s Team span residence, contact, relocation, international child abduction, adoption, and child protection.

Dedicated to consistently delivering excellence, we act for parents and grandparents, we represent children, through their court appointed Children’s Guardians allocated by Cafcass. We also act separately for children of a significant age and maturity.

Our extensive expertise includes a Family Law Mediator, a Child Inclusive Mediator, Collaborative Family Lawyer and In House Counsel.

For queries on children law, mediation, or other family law issues, call Leeds 0113 246 0055, Harrogate 01423 276104, York on 01904 202550. Visit www.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

Jones Myers blog is ranked 7th in the UK’s Best 25 family law blogs and websites to follow in 2025.

Read more articles by Anthony Parrish and Jones Myers.

About Anthony Parrish

Anthony Parrish’s extensive experience in family law spans over two decades, during which time he has developed specialisms in matters relating to children law.

A member of Jones Myers internationally renowned Children’s Department, he deals with issues relating to children, teenagers, parents (including those represented through their official solicitor) and local authorities.

His expertise also encompasses international child abduction cases and same sex relationship issues.

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