Emma Alfieri

Should I Use AI to Navigate My Divorce?

Published on
Emma Alfieri - Co-Parenting
Emma Alfieri
Legal Director
Greene & Greene Solicitors

Why AI Feels like the obvious answer

Artificial intelligence has, in a remarkably short space of time, become the first place many people turn when they need answers. Whether it is planning a holiday, drafting an email or understanding a complex topic, AI tools promise quick, confident responses at a click of a button, wherever you are.

It is therefore unsurprising that people facing separation or divorce are increasingly using AI to seek legal guidance. When emotions are high and costs are a concern, instant answers can appear to be an attractive alternative to seeking professional advice. However, when it comes to divorce and family law, relying on AI can quietly expose you to significant risk.

Why AI struggles with UK family law

One of the greatest dangers of AI is how convincing it can sound. Responses are often detailed, well-structured and expressed with confidence. However, confidence does not equal accuracy. AI responses are known to consistently contain inaccurate information.

Crucially, AI tools are not designed with the English legal system in mind. Most widely used platforms are developed in the United States and trained largely on American legal data. Although English and US family law both deal with issues such as divorce, finances and children, they differ significantly in structure, legal principles and outcomes.

Divorce law in England and Wales is highly discretionary and fact specific. AI guidance shaped by US assumptions can therefore be fundamentally unsuited – and potentially misleading – for English divorcing couples.

Increased cost and delay

Many people turn to AI in the hope of saving money. In reality, relying on incorrect or generic guidance can have the opposite effect. It can lead to:

  • Issuing the wrong type of application.
  • Failing to take appropriate steps before going to court.
  • Submitting poorly prepared documentation.

All of which a Judge is unlikely to look favourably upon. Ultimately when a solicitor is later instructed to correct these issues, the result is often increased costs, avoidable delay and added emotional strain. Early professional advice can prevent these problems arising, rather than having to repair the damage further down the line.

Where AI can be relied on

AI can be and is, an extremely helpful tool when used within appropriate limits. It can assist with explaining legal terminology, providing a general overview of the process and helping individuals frame questions before seeking advice.

However, it should be used as an information aid only. AI cannot access your individual circumstances, manage risk, or guide decisions that will shape your future.  It is important to be aware of AI’s inherent limitations – including its tendency to agree rather than challenge. AI is designed to be helpful and affirmative; it will not tell you your expectations are unrealistic or when a proposed course of action carries risk. In family law, that lack of challenge carries substantial risk.

Why a human approach matters for your family’s future

Divorce is not just a legal process; it could shape your future and that of your family. No two cases are the same and each requires careful consideration in context with the circumstances.

Divorce requires judgement, strategy and empathy – not just access to information. The human understanding and empathy are qualities AI simply cannot replicate.

A family solicitor provides personalised advice, based on the individual circumstances, practical support and the benefit of dealing with this area of law every day, all within a confidential and regulated framework.

If you are navigating a divorce or family law issues, whilst AI can be useful to gather information, it should not solely be relied on.

Seeking tailored guidance can help protect your position and ensure you are navigating the process in the appropriate way.

This is only intended to be a summary and not specific legal advice.

About Emma Alfieri

Emma Alfieri is a Legal Director at Suffolk firm Greene & Greene Solicitors.

Emma advises on all aspects of family law, including divorce and associated financial matters, disputes between cohabitants and child related disputes.

A member of Resolution, Emma is committed to resolving disputes as positively and agreeably as possible whilst also being motivated to obtain the best possible outcome for her clients.

Since 2012 Emma has been consistently recommended by the Legal 500 on an annual basis and in the most recent 2024 edition Emma is ranked as a “rising star”.

As an advocate of fault free divorce, Emma lobbied at Parliament with other members of Resolution in 2016 to bring about the recent changes to divorce law.

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Doing it For the Kids: Co-Parenting Strategies For the New Year
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Doing it For the Kids: Co-Parenting Strategies For the New Year

Published on
Emma Alfieri - Co-Parenting
Emma Alfieri
Legal Director
Greene & Greene Solicitors

Following separation, often parents start the arrangements for their shared children without much of a plan whilst the family settle into their new situation.  Sometimes parents might adjust the arrangements over time until they can settle into a routine that suits the family.

Sadly, and often where there is poor communication and the co-parenting relationship is not a strong one, the arrangements later breakdown.

Cafcass, the Children and Family Court Advisory and Support Service say that if children experience poor inter-parental relations or do not know when they are next seeing the other parent, they are more likely to worry, especially if there are long gaps between visits without an explanation.  Therefore, it is important for separated parents to always put the children’s needs first, despite any differences with their former partner.

As a family lawyer, I am often approached by separated parents who seek to regulate the arrangements between them and the other parent.  Before considering Court intervention, there are a number of tools available that can help separated parents to co-parent more effectively:

  • A Parenting Plan – Parents can work together and formulate a Parenting Plan, which is a plan negotiated and agreed between the parents setting out what the arrangements for the child / children will be. For a free Parenting Plan template, visit: www.planningtogether.cafcass.gov.uk/plan
  • Parenting App – Where there is conflict between parents, and they struggle to communicate, a Parenting App should be considered. There are many free and paid Parenting Apps available, and the idea is that the App is used by the parents for discussion about the children only, and it can include things like calendars, ability to make audio and video calls, share expenses, make payments and maintain a secure text communication with the other parent.   Feedback from parents who have tried this have reported that limiting communication to an App has been helpful.
  • A parenting course. Attended alone or together, a parenting course can be a useful way for parents to gain insight about positive co-parenting and the benefits to the child / children. The courses usually consider how parents can effectively communicate and work together with the other parent to agree co-parenting arrangements without the need for Court intervention.
  • Mediation – If separated parents cannot agree the arrangements for the child / children, then they should consider Family Mediation. This is a process in which an independent professional trained Mediator helps the parents work out the arrangements for the children. The Mediator will help to try and find a solution which works for both parents.  The process is less stressful and significantly quicker than going to Court, and Mediators work with separating parents in ways that are flexible.  If separated parents do not want to be in the same space, then often remote Mediation sessions can take place.
  • Child Inclusive Mediation – This is a structured process which is suitable for older children where a qualified family mediator speaks to the child / children to ascertain their wishes and feelings. Where the children give permission, these wishes and feelings are then shared by the mediator with the parents in a separate feedback meeting. The parents can then use this information to agree the child arrangements moving forwards.

Conclusion

The risk to a deterioration in the child / children’s emotional wellbeing and mental health increases significantly where separated parents have a high level of conflict between them.  Therefore, separated parents are encouraged to consider how they can try and work together and communicate.

Remember that as children get older, often their needs will change. Therefore, when arrangements for children are made when children are very young, sometimes those arrangements could have a limited shelf life and later need to be reviewed – another reason to try and remain amicable with the other parent, where possible.

This is only intended to be a summary and not specific legal advice.

Read more articles by Emma Alfieri.

About Emma Alfieri

Emma Alfieri is a Legal Director at Suffolk firm Greene & Greene Solicitors.

Emma advises on all aspects of family law, including divorce and associated financial matters, disputes between cohabitants and child related disputes.

A member of Resolution, Emma is committed to resolving disputes as positively and agreeably as possible whilst also being motivated to obtain the best possible outcome for her clients.

Since 2012 Emma has been consistently recommended by the Legal 500 on an annual basis and in the most recent 2024 edition Emma is ranked as a “rising star”.

As an advocate of fault free divorce, Emma lobbied at Parliament with other members of Resolution in 2016 to bring about the recent changes to divorce law.

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What is 'Resolution Together'?
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What is ‘Resolution Together’?

Published on
Emma Alfieri
Emma Alfieri
Legal Director
Greene & Greene Solicitors

Resolution Together is a new way for separating couples, and for parents who are in dispute about the care of their child, to obtain advice from a single legal professional.

This new way of working follows the implementation of the Divorce Dissolution and Separation Act which allowed couples, for the first time, to make joint applications to end a marriage collectively.  As a result, Resolution has developed a new approach to help separating couples. Resolution is a community of family justice professionals who work with families and individuals to resolve issues in a constructive way.

The service is suitable for those whose joint aim is to reach an outcome that meets their needs and, if they are parents, the needs of their children. A key feature is that individuals must give their informed consent to disclosing all the relevant factual and financial information required in order to reach their decisions together, to one another and the legal professional who will be advising and guiding them towards their final outcome. The legal professional who works with the couple will not be acting for either party individually, and also the legal professional may not represent either or both in communications with the Court, other than where it has been agreed that the Legal Professional will file any draft Order with the Court on their behalf.

Some of the principles relating to Resolution Together are closely aligned to other dispute resolution approaches, such as Mediation. However, the difference is that Resolution Together provides an advice based service where both clients are able to receive advice, including legal advice on a jointly beneficial basis.

Generally, couples that choose Resolution Together will not be in a dispute, or have a “conflict”. Couples do not have to be in agreement about everything, but need to be willing to consider options and not have entrenched positions. A willingness to work hard towards finding an agreed outcome is key.

The ultimate aim is that the parties taking part in Resolution Together will reach a decision that will be recorded in a draft Order, and a legal professional will assist them to obtain an approved Order.

Read more articles by Emma Alfieri.

About Emma Alfieri

Emma Alfieri is a Legal Director at Suffolk firm Greene & Greene Solicitors.

Emma advises on all aspects of family law, including divorce and associated financial matters, disputes between cohabitants and child related disputes.

A member of Resolution, Emma is committed to resolving disputes as positively and agreeably as possible whilst also being motivated to obtain the best possible outcome for her clients.

Since 2012 Emma has been consistently recommended by the Legal 500 on an annual basis and in the most recent 2024 edition Emma is ranked as a “rising star”.

As an advocate of fault free divorce, Emma lobbied at Parliament with other members of Resolution in 2016 to bring about the recent changes to divorce law.

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The Dangers of DIY Divorces
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The Dangers of DIY Divorces

Published on
Emma Alfieri
Emma Alfieri
Legal Director
Greene & Greene Solicitors

Since fault free divorce law came into effect on 6th April 2022, it has become much easier for parties to complete a DIY divorce without seeking legal advice. Whilst the changes were welcomed, the new law has resulted in many DIY divorcees not understanding the law and/or encountering problems along the way.

One common (and wrong) assumption is that the Final Order of divorce automatically prevents an ex-spouse from making financial claims in the future. This is false. The only way to achieve a legally binding financial “clean break” is for the parties to also submit a separate signed Consent Order to the Court embodying the financial agreement they have reached. If this additional step is not taken, an ex-spouse is entitled to make financial claims against their former spouse in the future, even after they are divorced and the assets have been divided.

A trigger for a financial claim by an ex-spouse months or years after the divorce could be, for example, if a former spouse later accumulates wealth, such as by inheritance or lottery win. This situation can be stressful and expensive to sort out and therefore it is always advisable to enter into a Consent Order at the time of divorce.

In some DIY divorce cases the parties may be aware of the requirement to have a Consent Order but do not take advice before signing the document.   This could result in a binding Order that excludes valuable assets or income that cannot later be re-visited.

Another common mistake is some of the less obvious assets of the marriage such as pensions and business interests are overlooked, instead focussing on property alone. The pension assets of a marriage can be some of the most valuable assets and are often ignored resulting in a poor outcome for the party with the lower pension provision.

Timing is another factor that can get overlooked. For example, a divorce lawyer would usually recommend a final Order of Divorce is not applied for until financial matters have been resolved and a Consent Order approved by the Court (but not in all circumstances). There could also be consequences if a party re-marries before they have properly dealt with financial matters.

Believe it or not, every case is different. The individual facts need to be applied to each set of circumstances. Whilst many DIY divorcees will scour the internet for advice, there are no on-line resources that provide the answer to every single situation/scenario.  That’s why is it is always advisable to take legal advice early on, even if that advice is limited to just one consultation.

In conclusion, whilst a DIY divorce will always be the cheapest option, it is important that parties going through divorce can properly understand what they need to do, when, and to consider any other factors they may not have thought about.  This will ensure parties do not find themselves in a position where their quest to save money could be a decision they later live to regret.

This article is only intended to be a summary and not specific legal advice.

Read more articles by Emma Alfieri.

About Emma Alfieri

Emma Alfieri is a Legal Director at Suffolk firm Greene & Greene Solicitors.

Emma advises on all aspects of family law, including divorce and associated financial matters, disputes between cohabitants and child related disputes.

A member of Resolution, Emma is committed to resolving disputes as positively and agreeably as possible whilst also being motivated to obtain the best possible outcome for her clients.

Since 2012 Emma has been consistently recommended by the Legal 500 on an annual basis and in the most recent 2024 edition Emma is ranked as a “rising star”.

As an advocate of fault free divorce, Emma lobbied at Parliament with other members of Resolution in 2016 to bring about the recent changes to divorce law.

You might be interested in

Wedding Season: Do I Need a Pre-Nuptial Agreement?
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Wedding Season: Do I Need a Pre-Nuptial Agreement?

Published on
Emma Alfieri
Emma Alfieri
Legal Director
Greene & Greene Solicitors

It’s that time of year when the wedding season is in full swing. Whilst many brides and grooms do, understandably, focus on the main event itself being the big day, an ever-increasing number of couples are also considering the sensible question of whether they need a pre-nuptial agreement.

Whilst it may seem unromantic, or even pessimistic to enter into a pre-nuptial agreement, couples are frequently becoming more aware of the effect their nuptials could have on their financial future.

A pre-nuptial agreement is a Contract entered into between two parties before they marry.  It records the ownership of assets, and details what will happen to those assets should be the marriage break down.

In the past, pre-nuptial agreements were considered to be reserved for exclusive use of wealthy individuals and celebrities. However, they are becoming more commonplace, and some would say they are a sensible way of starting out in marriage with a shared intention of trust and openness. In fact, the Marriage Foundation conducted a survey in the Summer of August 2021 which found that one in five couples who married since 2000 had some form of pre-nuptial agreement in place.

The law in relation to married couples is different to couples who cohabit.  Cohabitants who separate simply retain their own separate property. Once married, assets you formerly owned before marriage may, in certain circumstances, become what is known as a “matrimonial asset”.  This means that if the marriage ends, those assets could be within the “matrimonial pot” and shared.  A pre-nuptial agreement allows for each party to ‘ring-fence’ certain assets to protect them from this scenario. This is often especially significant if either of the parties has children from a previous relationship.

Pre-nuptial agreements are considered by the Court as one of the circumstances of the case in the event of later divorce and the Court will decide what weight to attach to the Agreement. In doing so the court would look at the circumstances in which it was made.  There are certain criteria that must be met to ensure that a pre-nuptial agreement can have the best possible chance of being upheld, and therefore it is important to seek specialist legal advice on the subject.

It is also possible to enter into a pre-nuptial agreement after marriage, and in this scenario the name of the agreement is a “post-nuptial agreement”. A post-nuptial agreement will be considered by the court in the same way as a pre-nuptial agreement provided that it meets the same criteria.

This article is only intended to be a summary and not specific legal advice.

Read more articles by Emma Alfieri.

About Emma Alfieri

Emma Alfieri is a Legal Director at Suffolk firm Greene & Greene Solicitors.

Emma advises on all aspects of family law, including divorce and associated financial matters, disputes between cohabitants and child related disputes.

A member of Resolution, Emma is committed to resolving disputes as positively and agreeably as possible whilst also being motivated to obtain the best possible outcome for her clients.

Since 2012 Emma has been consistently recommended by the Legal 500 on an annual basis and in the most recent 2024 edition Emma is ranked as a “rising star”.

As an advocate of fault free divorce, Emma lobbied at Parliament with other members of Resolution in 2016 to bring about the recent changes to divorce law.

You might be interested in

Divorce and Separation Checklist
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Divorce and Separation Checklist

Published on
Emma Alfieri
Emma Alfieri
Legal Director
Greene & Greene Solicitors

Since the changes to divorce law (in England and Wales) on 6th April 2022, it is now relatively straight forward for individuals to obtain a divorce on-line. The welcome changes have helped parties to navigate the divorce process in a more simplified way meaning individuals going through the divorce process no longer have to consult a divorce lawyer.

Whilst the new ‘fault free’ divorce law has been beneficial to divorcing couples in saving costs and reducing conflict, there are a worrying number of individuals who now take no legal advice whatsoever. This is concerning in relation to dividing the family finances as becoming divorced does not ‘close off’ financial matters and therefore financial claims are often left open, with the individuals blissfully unaware.

Therefore we would always advise individuals going through divorce to have at least one session of legal advice so they have full knowledge of the perils and pitfalls of divorce.  Below are some key points :

Seek early legal advice

It is important to seek legal advice early.  An initial consultation can be invaluable and is often much less daunting than one might think. Family lawyers are very ‘normal’ people who will listen and not judge.

Therapy/ counsellor

If there is a possibility of getting the relationship back on track, a joint marriage counsellor or therapist may be useful. If the relationship is over, an individual therapist or counsellor can help individuals to work through the issues surrounding the separation and to help to deal with the transition.

Try to keep things amicable

Try to be pragmatic and reasonable where possible as this will make the separation much easier to deal with. Try and work together, particularly where there are children involved. Arguing over minor issues and matters of principle will increase conflict, stress and costs, and is rarely productive.

Living arrangements

Consider where both parties will live. Will this be in the same house together?  Sometimes this will be a necessity and is another reason to try and minimise the tension.  Alternatively, if one person will leave then a plan should be put in place for who that will be, where will they go and how two households will be funded.

Arrangements for children

The initial arrangements for the care of the children will be a priority. Take time to consider when and where they will see each parent.  Having an agreed plan in place from the offset will ensure it is as stress-free as possible for the whole family.  A parenting plan could help – Parenting Plan – Cafcass – Children and Family Court Advisory and Support Service

Reaching agreements

If a financial agreement is reached between the parties, ensure the agreement is formalised in writing, and embodied into a Financial Remedy Order. If the agreement is verbal or not formalised in the correct way, beware – it will not be a binding agreement.

Alternatives to court

There are many alternatives to Court which should be considered to avoid court and reduce the tension, particularly where there are children involved.

Do not forget about pensions

The sharing of pensions is just as important as the sharing of capital assets such as property and must not be overlooked.  A Pension on Divorce Expert may need to be involved.

Financial and tax advice

It may be useful to speak to an accountant in relation to capital gains tax issues, for example, if more than one property is owned or if one party moves out and lives elsewhere, there could be adverse tax consequences.

Wills

It is important to consider making or updating any Will previously made to ensure that those named to inherit are still correct. It is also worthwhile considering death in service benefits under any pension provision.

This article is only intended to be a summary and not specific legal advice.

Read more articles by Emma Alfieri.

About Emma Alfieri

Emma Alfieri is a Legal Director at Suffolk firm Greene & Greene Solicitors.

Emma advises on all aspects of family law, including divorce and associated financial matters, disputes between cohabitants and child related disputes.

A member of Resolution, Emma is committed to resolving disputes as positively and agreeably as possible whilst also being motivated to obtain the best possible outcome for her clients.

Since 2012 Emma has been consistently recommended by the Legal 500 on an annual basis and in the most recent 2024 edition Emma is ranked as a “rising star”.

As an advocate of fault free divorce, Emma lobbied at Parliament with other members of Resolution in 2016 to bring about the recent changes to divorce law.

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Separated Parents: Taking a Child on Holiday / Abroad
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Separated Parents: Taking a Child on Holiday / Abroad

Published on
Emma Alfieri
Emma Alfieri
Legal Director
Greene & Greene Solicitors

With lighter evenings and (slightly) warmer weather, Spring is that time of year when parents realise the school summer holidays are not too far off and are busy making family plans for the summer holidays.

We are often asked to advise separated parents about the rules on taking their child/children abroad and whether they require permission to do so.

The rules are clear.  A parent must get the permission of everyone with parental responsibility for a child before taking the child abroad.  If this is not possible, permission will have to be sought from the Court.

The only exception to this rule is where there is already a Court Order (Child Arrangements Order) in place.  In this case, if the Court Order states that the child will “live with” a nominated parent, that parent can take the child abroad for 28 days without getting permission from the non-resident parent.

The word ‘abroad’ relates to any country other than England and Wales, so permission must be sought to travel with a child to Scotland or Northern Ireland.

Taking a child abroad without permission of the other person with Parental responsibility or without a court order is child abduction.

Who has Parental Responsibility?

A mother automatically has parental responsibility for her child from birth.

A father usually has parental responsibility if he is married to the child’s mother or listed on the birth certificate.

Same-sex partners will both have parental responsibility if they were civil partners at the time of the treatment, such as donor insemination or fertility treatment.

Why is it so important to get permission of the other parent?

At a UK or foreign border, an adult travelling with a child might be asked for evidence of permission to travel with the child.

A letter from the other person with parental responsibility for the child is usually enough to evidence the permission. The letter should include the other parent’s contact details and confirmation that they know about and agree to the trip.

It also may help at the border if the parent takes with them evidence of their relationship with the child, such as a birth or adoption certificate, or a divorce or marriage certificate, particularly if the adult’s  surname is different from the child’s.

Before travel it is advisable to check the entry requirements for the country to ensure all the required documentation in place.  Depending on the country there may also be differing age limits/rules for when a person is considered to be a child.

How do you get permission from a Court?

If permission cannot be obtained from the other person with parental responsibility to take the child abroad, the parent seeking to take the child abroad will need to apply to the Family Court for a Court Order.

If a parent is refusing to grant permission they will need to have a good reason as to why. The Court is more likely to grant permission if travel is to a safe country and the travel is going to benefit the child.

If a Court application is required it is important to allow plenty of time (ideally at least 3 months) so there is sufficient time for the Court to deal with the issue.

This article is only intended to be a summary and not specific legal advice.

Read more articles by Emma Alfieri.

About Emma Alfieri

Emma Alfieri is a Legal Director at Suffolk firm Greene & Greene Solicitors.

Emma advises on all aspects of family law, including divorce and associated financial matters, disputes between cohabitants and child related disputes.

A member of Resolution, Emma is committed to resolving disputes as positively and agreeably as possible whilst also being motivated to obtain the best possible outcome for her clients.

Since 2012 Emma has been consistently recommended by the Legal 500 on an annual basis and in the most recent 2024 edition Emma is ranked as a “rising star”.

As an advocate of fault free divorce, Emma lobbied at Parliament with other members of Resolution in 2016 to bring about the recent changes to divorce law.

You might be interested in

Family Mediation and ‘MIAMs’: Recent Rule Changes. Young people sitting in a circle and having a group discussion.
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Family Mediation and ‘MIAMs’: Recent Rule Changes

Published on
Emma Alfieri
Emma Alfieri
Legal Director
Greene & Greene Solicitors

Mediation Information and Assessment Meetings (MIAMs) have been compulsory in Family Court proceedings since 2014.

MIAMs – What are they?

‘Mediation’ is a method of resolving disputes through an independent third party, known as a mediator. Their purpose is to assist parties in negotiating a settlement.

MIAMs are a meeting which considers and explains the potential benefits of mediation and other non-court dispute resolution (NCDR) methods. During this meeting, the mediator will provide an indication as to the method that would be most suitable to resolve the prospective applicant’s particular dispute. If you are looking to apply to the court to settle your divorce or separation issues, it is a legal requirement that you first attend a MIAM.

The Rules – What’s changing?

  1. MIAM Exemptions:

The courts are looking to update their rules around the obligations to attend a MIAM, and, from 29th April 2024, they will be introducing various changes to reflect this.

If a MIAM exemption applies, then a prospective applicant will not be required to attend a MIAM.

Previously, an application for a MIAM exemption could be accepted in the absence of any supporting evidence. The new Rules, however, require said evidence to be attached to the application.

The courts will make an initial inquiry into whether the exemption is valid, and this will be subject to an ongoing review. If an exemption is deemed invalid, the court may direct parties to attend a MIAM, and possibly adjourn proceedings for that purpose.

In these circumstances, parties are encouraged to engage with the MIAMs because the court will take parties’ conduct into account when considering whether to make an order for costs in relation to the proceedings.

Why?

A stricter approach to the MIAM exemptions means that it will be harder to avoid a MIAM. You may be asking, what are the benefits of this? Well, by exploring NCDR at an early stage, you might be able to (amicably) reach an agreement, and avoid both the time and money involved in issuing court proceedings. Early resolution can also aid in preserving relationships; this may be particularly important in cases where co-parenting is involved.

What else?

April 2024 also brings with it a new MIAM exemption. If a prospective applicant can provide written evidence that they have attended a NCDR process within the 4 months prior the date of the court application (in relation to the same, or substantially the same, dispute to which the proposed court proceedings relate), then an exemption applies. This will ensure that prospective applicants are not unnecessarily directed to attend a NCDR. ‘Written evidence’ is obtained once a NCDR provider has confirmed that the applicant has attended.

  1. An insight into parties’ attitude:

From 28th April 2024, the court is introducing a new Rule for those commencing either financial remedy proceedings or private law proceedings related to children. Applicants who fall within the relevant criteria must now file with the court, and serve on all parties, a form setting out their views on using NCDR as a method of settling.

Why?

The court has introduced this requisite to monitor and identify whether NCDR is a suitable alternative for parties. Requiring parties to record their views about NCDR on paper will encourage them to think outside of the box (or indeed the court room) and consider whether a resolution can be achieved through other means; the benefits of which have been briefly discussed above.

What can divorce experts do?

As well as supporting you in your Family Court proceedings, divorce experts can refer you to accredited mediators that are recognised by Resolution and the Family Mediation Council, to ensure you have the best chance of success at mediating your dispute.

This is only intended to be a summary and not specific legal advice.

Read more articles by Emma Alfieri.

About Emma Alfieri

Emma Alfieri is a Legal Director at Suffolk firm Greene & Greene Solicitors.

Emma advises on all aspects of family law, including divorce and associated financial matters, disputes between cohabitants and child related disputes.

A member of Resolution, Emma is committed to resolving disputes as positively and agreeably as possible whilst also being motivated to obtain the best possible outcome for her clients.

Since 2012 Emma has been consistently recommended by the Legal 500 on an annual basis and in the most recent 2024 edition Emma is ranked as a “rising star”.

As an advocate of fault free divorce, Emma lobbied at Parliament with other members of Resolution in 2016 to bring about the recent changes to divorce law.

You might be interested in

Who Gets the Pets in a Divorce?
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Who Gets the Pets in a Divorce?

Published on
Emma Alfieri
Emma Alfieri
Legal Director
Greene & Greene SolicitorsP

Is it always difficult for the parties and their family when going through divorce or separation, but what happens to the family pets?  This is a growing issue given that since the start of the pandemic many households in the UK have acquired a pet for the first time, and some have spent hundreds or even thousands of pounds on their pooches.

Pets are considered to be an asset and are classed in the same category as other valuable items like cars & jewellery. Ideally, separating couples should reach a mutual decision as to who retains the pets, but if that is not possible then what happens?

Some dogs are registered with the Kennel Club and therefore in this scenario one party will be able to prove they are the registered owner of the pet.  If there is no such record, other factors can be taken into account to try and determine who the owner is, such as who cared for the pet, who bought the pet, the owner name on any microchip or the name of the person registered with the vets.

Overall the parties would be encouraged to try and settle the matter between them, and ultimately focus on the pet, in terms of who will have the most time and resources to care for the animal, rather than focusing on their own needs. If discussions do not work then the parties could consider mediation to try and work through the issue (as well as any other outstanding issues which may be in dispute).

If the parties cannot reach agreement they would be entitled to apply to the Court to deal with the issue as part of the divorce proceedings (financial remedy) and the Court’s approach to the issue would be the same as for any other asset.  Although either party would be entitled to take the matter to the family court, unless the value of the pet is significant or there are other financial issues in dispute, the Judge would likely take a dim view of Court disputes regarding family pets. This is in light of the likely disproportionate legal costs and the limited resources of the Court.

If parties are unmarried then the advice would be that if agreement cannot be reached, either party may apply to the small claims court in the same way that they could seek to recover any other asset.

This article is only intended to be a summary and not specific legal advice.

About Emma Alfieri

Emma Alfieri is a Legal Director at Suffolk firm Greene & Greene Solicitors.

Emma advises on all aspects of family law, including divorce and associated financial matters, disputes between cohabitants and child related disputes.

A member of Resolution, Emma is committed to resolving disputes as positively and agreeably as possible whilst also being motivated to obtain the best possible outcome for her clients.

Since 2012 Emma has been consistently recommended by the Legal 500 on an annual basis and in the most recent 2024 edition Emma is ranked as a “rising star”.

As an advocate of fault free divorce, Emma lobbied at Parliament with other members of Resolution in 2016 to bring about the recent changes to divorce law.

You might be interested in