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How coronavirus will affect the value of your business if get a divorce  
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How coronavirus will affect the value of your business if get a divorce  

Jo Hawkins
Jo Hawkins
MD
Hawkins Family Law

Coronavirus itself will not impact your assets, such as businesses and property, it is the potential economic fallout in terms of the value of shares and the property market that could cause problems.

The asset value will still need to be determined either by agreement or by the Court and thereafter those assets will be apportioned between the divorcing parties by agreement or court order.

We spoke with Hawkins Family Law, expert divorce law specialists to find out what happens to assets when you are going through a divorce in a pandemic.

How does the current financial climate impact the value of my business?

The value of the shares in your business, or if you are in a partnership or operating as a sole trader the value of your share of your business, will very much depend on the nature of the business and how the pandemic has affected the business over the last 18 months or so.

Your management accounts for the last 12 months will provide a reality check for you on how things have been affected and an initial discussion with your accountant may also assist, depending upon your industry.

Some businesses have thrived and seen growth over the last 18 months, and this will be clear from their balance sheets and profit and loss statements, which in turn will gear what the value of any shareholding or interest might be.

Other types of businesses, especially in the travel and hospitality arena, have seen a decline in profits made due to the lockdown of everything non-essential. Others may have held their own with the assistance of government funding and be looking at trading out of any fall in profit.

What happens if my business is now worthless due to the Coronavirus?

Assessing why you think your interest in your business is worthless will be key. Just because you have had a poor year does not necessarily mean the business is worthless – it may be that the business will recover and certainly any valuation carried out will assess not only the value now but the value also moving forwards.

Evidence here is going to be key, and we would always recommend that the parties look to instruct a single joint expert (generally an accountant) to prepare a report considering the value of the parties’ respective interests and what the future looks like.

The Court will then assess the evidence and any questions asked of the expert to determine whether in fact the business is now worthless or not. Certainly, the Court cannot make this assessment without the experts’ report. The expert will also look at the liquidity in the business (if any). In other words, what capital could the business raise that could then be used by the parties and what the tax implications of withdrawing any funds from the business would be.

The Court will not seek to destroy any business particularly, as often the business is the sole or main income provider for the family, which is why these reports are so valuable as they provide factual information.

How are businesses valued now?

It is crucial that evidence of the value of the business is available in divorce court hearings. This is generally obtained by both parties, instructing an expert to provide a single joint report.

This evidence together with any other financial evidence will then be used by the judge to reach his or her decision as to how the finances should be divided taking into account the factors laid down by the Matrimonial Causes Act 1973, what is fair and what meets the parties’ respective needs.

When you have a business, or property assets, we would always advise taking advice at an early stage so that you can be prepared for reaching a financial agreement whether directly or with the assistance of a Judge, arbitrator, or mediator.

Our expert divorce family lawyers are available to provide further clarity and advice on everything related to divorce and the current climate.

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About Jo Hawkins

Jo Hawkins is the MD of the nationally recognised niche family law practice, Hawkins Family Law, which was established in 2001. With practices in Buckinghamshire, Hertfordshire & Oxfordshire, she specialises in all things divorce, financial matters, and child agreements.

 

Going Through A Divorce During Lockdown
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5 Things You Need To Know About Going Through A Divorce During Lockdown

Stacey St Clair
Associate Solicitor
Hawkins Family Law

Can I apply for a divorce whilst we are in lockdown?

The simple answer is yes you can.

Whether you have made the recent decision to divorce, or if you now have the time to do so, the Courts are still open and processing divorce petitions.

As long as you can demonstrate that your marriage has irretrievably broken down you are free to start the process.

You will need to consider the grounds for divorce which are separation of 5 years, separation of 2 years and you both consent to the divorce, the other party’s adultery or behaviour or desertion.

You will also need either your original marriage certificate or a certified copy and then you can action your divorce – or we can on your behalf.  As the Courts have moved to an online system recently for divorce, the time frame is considerably shorter than it was.

Can I still make a financial application to the Court during lockdown?

As mentioned above, the courts are still open and are conducting hearings remotely, so yes, you can make an application and it will be considered either by the Court or alternatively you may be attracted to alternative dispute resolution – in other words, mediation, collaborative law, private hearings or arbitration.

If you issue within the Court arena then the timetable will be set as has always been the case.

There are changes inevitably with the pandemic, for example the First Appointments are generally dealt with on paper rather than by a hearing.

The other hearings: the financial dispute resolution hearing and final hearings though are being dealt with by the Courts wherever possible, either on the telephone or via video link.

Inevitably this can cause some problems if people do not have the technology – although most people have a telephone.

The key is to consider which approach would work best for you – sometimes having the Court process in the background whilst exploring say a private FDR can be hugely helpful and speed the process up as well.

Can I obtain a new house valuation for my financial case?

As we all know things are different at the moment. The property market has been paused for some time, although things are slowly starting to move with estate agents reopening and socially distanced viewings taking place.

You will need to be guided by professionals in terms of the actual impact on the value of the house, – some people are finding that their house value has fallen – sometimes by as much as 10% or even more, whilst others are being told that their property is in a bubble and may in fact attract a premium.

We would advise everyone to consider carefully the value of their property and speak to their valuer – our advice would be to get an updated valuation.

The relevance of a new valuation will depend upon the stage of the proceedings you have reached.  If you have already finalised your case pre covid then you should seek specialist advice as to whether there is any possibility of you revisiting that order.

This is a complex area of law and each case will be judged on its own merits so please act quickly if you find yourself in this situation. If you have not yet reached an agreement or had a final order then we would advise you get a new valuation.

Can I still co-parent during lockdown?

It should be straightforward to make arrangements and co-parent during lockdown, as the Government confirmed that children are permitted to move between the households of separated families.

What you should do as parents is make a sensible assessment of the circumstances and consider the health & wellbeing of everyone in each household before deciding what the arrangements should be.

If you have any serious concerns about the child arrangements or your child is not returned after spending time with the other parent, an urgent application can be made to the Family Court to determine this short-term issue.

A Judge will scrutinise the actions of both parents and determine what is a reasonable and safe arrangement. If you find yourself in this situation, you should seek specialist advice from a family lawyer as the Court hearing itself would be held remotely via telephone or video.

During lockdown some separated families are finding it difficult to co-parent and decide whose responsibility it is to home school the children.

Where possible, virtual online and home-schooling materials should be shared between both parents. It is important that both parents play an active role, even if this is done virtually with the absent parent supporting the child with homework.

STAY POSITIVE!

We know it’s tough but try not to feel overwhelmed by negative thoughts and feelings of helplessness.

While the situation is undeniably difficult, this won’t be our reality forever and it’s important to look after yourself during this pandemic. We all need hope so try and remain positive during this difficult time.

If you do require advice and assistance with your divorce, then it is important to seek specialist advice from a team of professionals. If you are struggling emotionally with being in lockdown with someone who you have separated from, there are other support networks that can assist.

About Stacey St. Clair

After completing my law degree at the University of Brunel, I undertook my LPC at The College of Law in London. I completed my training at a reputable firm in Beaconsfield and qualified in 2011.

Since qualifying, I have specialised in family law and before joining Hawkins Family Law, worked at a large family law practice based in London. I joined Hawkins Family Law in 2016 and have extensive experience in all areas of family law, dealing with complex financial disputes and sensitive cases involving children.

My experience includes cases involving substantial income and capital, both in this country and abroad, as well as a variety of financial, business disputes and substantial pensions. I advise on Pre and Post Nupital agreements.

I am able to negotiate and advise on arrangements for children, including specific issues about schooling and relocation out of the jurisdiction. I am Resolution accredited and committed to assisting client to reach a solution without unnecessary conflict.

I often represent clients in Court, undertaking my own advocacy for disputes relating to injunctions, occupation of the family home and urgent welfare issues regarding children. My clients feel supported throughout the process and my aim is to give clear constructive advice.

My priority is listening to my clients’ needs and objectives and then adopting a holistic approach, with compassion and empathy. Where possible, I always seek an out of Court settlement to help alleviate the stress of a family breakdown.

I am an experienced collaborative lawyer, and I will always prioritise my clients’ interests and objectives first and take a practical, no nonsense approach to cases. I combine knowledge and experience with empathy to ensure my clients know they are in safe hands and fully supported.

My experience in advising on complex financial remedies, private children law and co-habitation is recognised by Resolution’s specialist accreditation scheme.

Links

Website – https://hawkinsfamilylaw.co.uk/

Twitter – https://twitter.com/hawkinsfamilyl1

Facebook – https://www.facebook.com/hawkinsfamilylaw

Instagram – https://www.instagram.com/hawkinsfamilylaw/

 

 

When One Household Becomes Two: The Retirement Crisis Hidden Inside Divorce
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When One Household Becomes Two: The Retirement Crisis Hidden Inside Divorce

Sarah Hawkins
Sarah Hawkins
CEO
National Family Mediation (NFM)

Every September, Pensions Awareness Week encourages us to think about our future. We are reminded to check our pension statements, review our retirement savings and ask ourselves whether we are putting enough aside to enjoy the retirement we hope for.

They are important conversations, but I believe we are overlooking another one.

What happens to those carefully made retirement plans when a marriage ends?

At National Family Mediation, we are seeing a growing number of people in their fifties seeking support as they navigate separation. Around one in ten enquiries we received between April 2025 and March 2026 came from people aged over 50. That tells me something important. Later-life separation is no longer a niche issue; it reflects the changing reality of modern family life.

I’ve never been particularly fond of the phrase “grey divorce”. It conjures images of couples quietly separating after retirement, with grown-up children, mortgage-free homes and relatively straightforward finances.

That simply isn’t what we see.

Today’s fifty-somethings are often still paying mortgages, helping children through university, supporting adult children who cannot yet afford to leave home and, increasingly, caring for ageing parents. Many still have another ten or fifteen years of work ahead of them. They are making decisions about school fees, university costs, housing and day-to-day household finances long before they are thinking seriously about retirement.

Those immediate pressures naturally dominate conversations when relationships break down.

People come to mediation to work through the practical realities of separation: what happens to the family home, how ongoing financial commitments will be managed, whether children can still be supported through education and how both people can move forward on secure financial footing.

Pensions are rarely the first thing people mention.

Yet once the wider financial picture is laid out, they quickly become one of the most important parts of the conversation.

For couples over 50, pensions form part of almost every financial mediation we facilitate because they sit alongside housing, mortgages, savings, investments and debt as part of a complete financial settlement. By this stage of life, a pension is often one of the largest assets a couple has accumulated, sometimes worth more than the family home itself.

The irony is that while retirement may still feel years away, this is often the point at which pension decisions matter most. After decades of saving, pension pots have had time to grow, but they are rarely equal.

Career breaks to raise children, periods spent caring for relatives, part-time working, differences in earnings and, for some families, disruption to careers during the pandemic have all influenced how much people have been able to save. That means pension wealth can vary significantly between partners, making it one of the most valuable – and often most misunderstood – assets to consider.

Looking only at today’s financial pressures can mean overlooking the asset that will shape tomorrow’s financial security.

The full new State Pension is currently worth just over £12,500 a year, and not everyone will receive that amount. Entitlement depends on an individual’s National Insurance record, meaning career breaks, caring responsibilities and periods of part-time work can all affect what someone ultimately receives.

Even for those entitled to the full amount, the State Pension alone is unlikely to provide the retirement most people would hope for. According to the current Retirement Living Standards, a single person now needs around £13,900 a year simply to achieve a minimum standard of living in retirement, while a two-person household requires around £22,500. Those figures represent a basic standard of living rather than a comfortable one.

Meanwhile, the wider outlook for retirement is becoming increasingly challenging. Pensions UK estimates that one in five workers is projected to fall short of even the minimum Retirement Living Standard. The FCA says that around 2.8 million people are carrying persistent credit card debt, while it’s 2024 Financial Lives Survey found that more than 3.8 million retirees worry that their money will not last throughout retirement.

We are also living longer. The ONS says that a woman reaching the age of 65 in the 2030s can expect to live until around 89, while a man can expect to live to around 87. Many more people will live well into their nineties, with growing numbers celebrating their 100th birthday. Longer lives are something to celebrate, but they also mean retirement savings need to stretch much further than previous generations ever imagined.

Housing is changing too. Pensions UK projects that by 2030, more than one in ten people aged over 65 will be living in privately rented accommodation. For many, retirement will no longer mean living mortgage-free in a home they own outright. Instead, it may involve paying rent alongside rising energy bills, higher food costs and all the other financial pressures that have become familiar during the cost-of-living crisis.

Taken together, these trends paint a sobering picture. Retirement security is becoming harder to achieve at precisely the moment when later-life separation is becoming more financially complex.

Nobody likes the thought of sharing a pension they have spent decades building. That is entirely understandable. People have worked hard, contributed throughout their careers and naturally want to protect the future they have planned.

But perhaps there is another question worth asking.

Most people also do not want someone they once loved to spend retirement worrying about whether they can afford to heat their home, pay the weekly food shop or cope with an unexpected bill. This is not about suggesting that every pension should be divided equally or that one person should sacrifice their own future for the other. Every family is different, every financial picture is unique and every settlement should reflect those circumstances.

What matters is that decisions are made with a full understanding of their long-term consequences.

Too often, pensions are traded against other assets without fully appreciating what they represent. Keeping a greater share of the equity in the family home may feel like the better outcome today, but twenty years later it may be pension income – not bricks and mortar – that determines whether someone enjoys financial independence or faces financial insecurity.

That is why mediation has such an important role to play. It creates the space for practical, informed conversations about the whole financial picture, including pensions, property, savings, mortgages, investments and debt. Rather than focusing solely on who gets what, mediation helps couples understand the implications of the choices they are making so they can reach fair, informed agreements that give both people the best possible chance of financial security in later life.

These conversations are rarely easy, but they are essential. Every pound spent on unnecessary conflict is a pound that cannot be invested in retirement, housing or supporting the next generation.

For years, we have encouraged people to save more for retirement, and rightly so. But perhaps Pensions Awareness Week should also remind us that protecting our retirement is about more than increasing our pension contributions. It is also about making informed decisions when life takes an unexpected turn.

We cannot change the housing market. We cannot immediately reverse the cost-of-living crisis. We cannot stop people living longer, nor should we want to. What we can do is ensure that when relationships end, people understand the long-term financial consequences of the decisions they make.

If we are serious about tackling pension insecurity, we need to recognise that later-life divorce is no longer simply a family law issue. It is increasingly a retirement planning issue too.

Divorce marks the end of a relationship, but it should never become the beginning of avoidable financial hardship in later life. If this Pensions Awareness Week encourages separating couples to understand the true value of their pensions before making life-changing decisions, it will have achieved something that benefits not only today’s families, but the society we are all growing older in.

Read more articles by Sarah Hawkins.

About Sarah Hawkins

Sarah Hawkins is the CEO of National Family Mediation (NFM), the largest provider of family mediation services in England and Wales. A passionate advocate for conflict resolution and family wellbeing, Sarah has over 20 years of experience helping families navigate the emotional and legal challenges of separation and divorce.

📍 www.nfm.org.uk | 📧 info@nfm.org.uk | 📱 @FamilyMediationNFM

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Why Child-Inclusive Mediation Matters More Than Ever for Separating Parents

Sarah Hawkins
Sarah Hawkins
CEO
National Family Mediation (NFM)

When parents separate, the focus understandably turns to their children – how they’re coping, what arrangements will work, and how to protect them from unnecessary distress.

But research – and increasingly, national guidance – points to one clear truth: it’s not separation itself that has the greatest impact on children. It’s how that separation is handled.

So important is this issue that the Children’s Commissioner for England, Dame Rachel de Souza, has recently written directly to parents going through divorce – urging them to minimise conflict and prioritise their child’s experience throughout the process.

What the Children’s Commissioner Wants Parents to Understand

In her letter, Dame Rachel highlights that:

  • It is not separation itself, but exposure to conflict, that most affects children’s wellbeing
  • Children are particularly harmed when they feel caught in the middle or pressured to take sides
  • Feeling heard and respected during family changes can make a lasting positive difference

She also makes an important point: while court is necessary in some situations – particularly where safety is a concern – many families can and should consider resolving issues outside of court.

Because when children feel that parents are “fighting for them,” it can unintentionally leave them feeling responsible for the conflict – something that can affect their wellbeing long after the legal process ends.

The Shift Away from Court

This reflects a wider shift across the family justice system.

Courts are increasingly encouraging parents to resolve matters amicably wherever possible – and the reality is that most families do not need to go to court to reach workable arrangements.

That’s where mediation comes in.

Rather than having decisions made by a judge – who may only see a limited snapshot of family life – mediation supports parents to make decisions together, in a calmer and more constructive way.

And for many families, Child-Inclusive Mediation (CIM) is becoming an important part of that process.

What Is Child-Inclusive Mediation?

Child-Inclusive Mediation gives children the opportunity to have a voice – safely and appropriately – within the mediation process.

This doesn’t mean asking children to make decisions or choose between parents.

Instead, it allows them to:

  • Share how arrangements are affecting them day to day
  • Express what’s important to them
  • Feel listened to during a time of significant change

A specially trained mediator speaks with the child privately, and any feedback shared with parents is done carefully, neutrally, and with the child’s consent.

Why Hearing Your Child’s Voice Can Change Everything

Parents naturally want to do what’s best—but without direct insight, it’s easy to misinterpret what a child is experiencing.

Through CIM, children often share things they haven’t felt able to say before – about school, routines, or emotional pressures.

That perspective can be powerful.

“Children don’t need to be put in the middle to be heard. When done properly, Child-Inclusive Mediation gives them a voice without giving them responsibility.” – Sarah Hawkins

It can help parents move away from positions of disagreement and toward solutions that genuinely support their child’s wellbeing.

Keeping Decisions Out of Court—Where Possible

For many families, mediation – and CIM in particular – can help avoid the need for court altogether.

Court proceedings can be:

  • Lengthy and costly
  • Emotionally draining
  • Determined by a judge with limited time and limited insight into your family

While judges play a vital role, they cannot fully understand the day-to-day realities of your child’s life in the way you can.

Mediation creates the space to explore those realities – and to reach agreements that are more personal, practical, and sustainable.

A Common Misunderstanding

As more families are encouraged toward mediation, there is still some confusion about what it involves.

Mediation is not the same as court:

  • It is confidential
  • Mediators do not make decisions or recommendations
  • No reports are written for a judge

This independence is what allows both parents – and children – to speak openly and honestly, without fear of repercussions.

Supporting Families to Choose Mediation

Encouragingly, support is available to help families access mediation early.

The Government’s Family Mediation Voucher Scheme offers up to £500 towards the cost of mediation.

Since its launch, it has helped tens of thousands of families reach agreements around children, finances, and housing – without escalating matters through the courts.

At NFM, we see this as a proven and cost-effective way to support families at a difficult time – reducing conflict and helping parents move forward constructively.

Final Thoughts: Putting Children at the Centre

Separation is a significant moment in a child’s life – but it doesn’t have to be a damaging one.

What matters most is how parents navigate the journey.

Child-Inclusive Mediation supports families to:

  • Reduce conflict
  • Keep children out of the middle – but still heard
  • Make decisions together, rather than having them imposed

As the Children’s Commissioner makes clear, children benefit most when they feel safe, listened to, and protected from adult conflict.

“Most parents don’t want to fight – they want to find a way forward that works for their children. Mediation helps make that possible.” – Sarah Hawkins

If you’re going through separation, it’s worth considering not just what decisions need to be made – but how you can make them in a way that truly supports your child.

About Sarah Hawkins

Sarah Hawkins is the CEO of National Family Mediation (NFM), the largest provider of family mediation services in England and Wales. A passionate advocate for conflict resolution and family wellbeing, Sarah has over 20 years of experience helping families navigate the emotional and legal challenges of separation and divorce.

📍 www.nfm.org.uk | 📧 info@nfm.org.uk | 📱 @FamilyMediationNFM

No-Fault Divorce Doesn’t End Everything: Why You Still Need a Financial Consent Order
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No-Fault Divorce Doesn’t End Everything: Why You Still Need a Financial Consent Order

Sarah Hawkins
Sarah Hawkins
CEO
National Family Mediation (NFM)

This article is for informational purposes only and does not constitute legal advice.

When no-fault divorce came into effect in England and Wales in April 2022, it was seen as a much-needed shift toward a more respectful, less confrontational way to end a marriage. And for many couples, it has delivered on that promise—removing blame and encouraging a more constructive path forward.

But here’s the catch: while the legal end of a marriage is now simpler, financial separation is often left unresolved. This misunderstanding can lead to serious complications down the line.

The Common Misconception: Thinking Everything’s Already Settled

With the ability to complete a divorce online in just a few steps, it’s easy to assume that everything—money, property, pensions—is automatically taken care of, especially when the split is amicable.

It’s not.

“A divorce legally ends a marriage, but it doesn’t end the financial relationship between ex-spouses.” – Sarah Hawkins, CEO, NFM

Unless you obtain a court-approved financial consent order, either party can make financial claims in the future—even years after the divorce is finalised.

What Happens Without a Financial Consent Order?

At NFM, we regularly see people return to mediation long after their divorce, unaware that their financial ties were never legally closed. The consequences can be significant:

  • A house purchase falls through when a buyer realises their ex could still have a claim on the equity.
  • Retirement plans are disrupted by surprise claims on pensions
  • Second marriages become legally complicated due to unresolved financial obligations

Without a consent order, your financial past may unexpectedly resurface.

What Is a Financial Consent Order?

A financial consent order is a legal document that formalises the financial arrangements you’ve agreed with your ex. Once approved by a judge, it becomes legally binding and prevents either party from making further financial claims.

You don’t need to go to court in person to get one—but you do need to go through the right process. And while it’s often associated with disputes, it’s just as important when both parties are in full agreement.

Making It Legal: Your Options for Getting a Consent Order

Mediation is often the best starting point, especially for couples who want to avoid unnecessary conflict or legal costs. It helps both parties reach a fair agreement in a calm, structured setting.

Once an agreement is reached, there are several ways to make it legally binding:

  • Do it yourself – If you agree on everything and feel confident managing the paperwork, you can draft your own consent order and apply to the court for approval. Guidance is available on the GOV.UK website.
  • Get legal advice – A solicitor can review or help draft the order to ensure it’s fair and likely to be accepted by the court. Judges can reject a consent order if they suspect one party may have been disadvantaged.
  • Use a solicitor service – At NFM, we offer NFM LegalEyes, a service that connects clients with qualified solicitors who can prepare the consent order – leaving you just needing to submit to Court.

How NFM LegalEyes Works:

  1. You agree on how to divide finances through mediation.
  2. A solicitor drafts the consent order and completes the required paperwork.
  3. You submit the consent order
  4. If the judge finds it fair, the order is granted—and your financial arrangements are legally finalised.

Help with Costs: Legal Aid and the Mediation Voucher Scheme

Worried about costs? Support is available.

  • Legal Aid is still available for family mediation for those who qualify.
  • The government’s Family Mediation Voucher Scheme offers up to £500 toward mediation costs for separating families with children.

These schemes make it easier for families to access professional help early—often avoiding more expensive issues later on.

Why Mediation Still Matters—Even with No-Fault Divorce

Some assume that because no-fault divorce removes the need to assign blame, mediation is less important. The opposite is often true.

Mediation:

  • Encourages calm, cooperative conversations
  • Helps you focus on what’s best for your children
  • Reduces long-term legal and financial risks
  • Leads to more sustainable, tailored agreements

“Most people going through divorce simply want to move on—securely and with dignity. That means more than ending a marriage; it means drawing a clear legal line under the relationship.” – Sarah Hawkins

Final Thoughts: Don’t Leave Loose Ends

No-fault divorce has simplified one part of the process. But it’s just as important to bring financial clarity and closure to your separation.

If you’ve already divorced without a financial consent order, it’s not too late—you can still apply for one. If you’re just starting out, make sure it’s part of your plan.

Ending a marriage should include ending financial ties—formally, fairly, and for good.

About Sarah Hawkins

Sarah Hawkins is the CEO of National Family Mediation (NFM), the largest provider of family mediation services in England and Wales. A passionate advocate for conflict resolution and family wellbeing, Sarah has over 20 years of experience helping families navigate the emotional and legal challenges of separation and divorce.

📍 www.nfm.org.uk | 📧 info@nfm.org.uk | 📱 @FamilyMediationNFM