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Pre-nuptial vs. Post-nuptial Agreements: Which One Do You Need?
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Pre-nuptial vs. Post-nuptial Agreements: Which One Do You Need?

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Kaylee Justham
Kaylee Justham
Solicitor
Rainer Hughes

When approaching a milestone event such as a marriage or civil partnership, it is always a good time to reassess your financial position and put plans in place to protect yourself. This is particularly important if there is an imbalance in wealth between the two partners, such as one partner having business assets or a large inheritance. It is natural for that partner to wish to preserve or retain the wealth they have already accumulated, in the event of a future divorce or dissolution, particularly where there are children involved whose future needs are required to be considered. On the other hand, it is also sensible to plan ahead and determine how financial settlements should be arranged, in the event of a relationship breakdown, and this peace of mind is what a pre-nuptial and post-nuptial agreement provides. 

Pre-nuptial and post-nuptial agreements have previously been the domain of high-profile people and couples involved in a high net worth divorce or partnership dissolution, but they have become increasingly popular as people take sensible steps to avoid costly litigation in the event of a relationship breakdown, and at an already stressful time. 

What is a pre-nuptial agreement?

A pre-nuptial agreement is a formal agreement that a couple enter into prior to a marriage or a civil partnership. The agreement sets out how assets and financial arrangements will be divided in the event of the relationship ending, and therefore predetermines a financial settlement. This removes stress, provides clarity and avoids disputes which could result in costly court proceedings. A partner can use a pre-nuptial agreement to protect assets they have already accumulated from future claims, which UK laws might otherwise dictate are shared with the other partner. 

What is a post-nuptial agreement?

A post-nuptial agreement is very similar to a pre-nuptial agreement in terms of its contents and purpose, but this is an agreement entered into by two partners who are already married, or who are already in a civil partnership. A post-nuptial agreement also defines how assets and financial arrangements will be divided in the event of a relationship ending.  

The key differences between pre-nuptial and post-nuptial agreements

It is common for people to come to a decision that they wish to protect their own financial assets, and to provide clarity on how this is done, but this decision can be made at different times. Of course, these arrangements can be made before or after a wedding or civil partnership ceremony and therefore can be a pre- or post-nuptial agreement accordingly. However, there are other important differences in each arrangement which could suit certain people at certain times. 

  • Separation before divorce – A post-nuptial agreement can be useful in a scenario where a couple wish to separate, but have not yet decided that divorce or dissolution is the right conclusion. This could be due to various circumstances, including financial circumstances. In this event, a post-nuptial agreement acts as a holding position to define the current agreement, until such a time that a divorce or dissolution is decided upon and agreed to be the next course of action.  
  • Wealth accumulated during a marriage/civil partnership – It is also common for one partner to come into significant wealth during a marriage or civil partnership. This could be an inheritance, or through the sale of a business or a property owned prior to the marriage or civil partnership, for example. In this case, wealth protection is very important, and a post-nuptial agreement can clarify how this new wealth should be divided in the future.  
  • Condition – Although it is not considered a particularly romantic gesture and is considered by some to be putting a negative slant on an impending marriage or civil partnership, one partner may insist on a pre-nuptial agreement being put in place prior to the relationship becoming formal, and hence this becomes a condition that may even prevent the marriage or civil partnership going ahead. At the same time, it should be stressed that both partners have to enter into a pre- or post-nuptial agreement willingly and without pressure or duress, for it to be enforceable. 

The key difference is that a post-nuptial agreement can protect a partner in the event that circumstances change during a marriage or civil partnership, and these circumstances weren’t known prior to the marriage or civil partnership.  

What should pre- nuptial and post-nuptial agreements contain?

Common inclusions in a pre- or post-nuptial agreement are:

  • Property – Whether marital or non-marital
  • Bank accounts – Protecting individual income and savings and dividing joint accounts
  • Debts – Again, whether marital or non-marital
  • Maintenance – Arrangements for funding childcare 
  • Pensions – How these will be divided
  • Inheritance – Whether to keep separate and/or pass down to children
  • Valuable property – How items such as jewellery, artwork or valuable furniture is divided
  • Business interests – Dividing business assets and restricting sale or transfer if applicable

A pre- or post-nuptial agreement wouldn’t normally predetermine child arrangements, as these can change over time. It also wouldn’t include personal issues, such as clauses relating to lifestyle choices, household responsibilities or social media usage. 

What considerations should you make when preparing a pre- or post-nuptial agreement? 

A pre- or post-nuptial agreement is not yet a legally binding agreement in the UK, but they are usually given significant weighting by the courts in the event that certain conditions are met. These can include:

  • A pre-nuptial agreement should be entered into at least 28 days prior to a marriage or civil partnership, to avoid accusations that undue pressure or coercion was involved.
  • There should be full financial disclosure from both parties. 
  • Both partners were provided with independent legal and financial advice prior to formalising the agreement. 
  • The agreement is fair and reasonable for both parties and also prioritises the needs of any children involved in the relationship. 

Although a pre- or post-nuptial agreement requires both partners to look into the future and assess the likelihood of certain things happening, and many people might not like to do that, such agreements can provide an element of trust and peace of mind and prevents the possibility of disputes in the future. Ultimately, this can help to make the divorce, separation and dissolution process amicable and much less emotional.

About Kaylee Justham

Kaylee Justham joined Rainer Hughes Solicitors August 2023 as a Solicitor in the Family Department. Kaylee has over 10 years’ experience working in Family Law, starting off as a paralegal and Trainee Solicitor in which she qualified as a Solicitor in May 2018. Kaylee provides a wide range of services to her clients to include all aspects of family matters to include; matrimonial matters, cohabitation disputes and private children matters. Kaylee also has experience with drafting Wills, Legal Power of Attorneys and Deeds of Trusts.

Kaylee regularly represents her clients in Court and prides herself on her friendly, approachable, direct and forward-thinking manner. Kaylee understands the needs of her clients and strives to act in their best interests in helping them to achieve the best possible results.

Kaylee is considered an extremely safe pair of hands and is dedicated to listening to her clients and aiming to make the process as stress free as possible.

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Why TOLATA is a Necessary Safety Net for Modern Relationships
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Why TOLATA is a Necessary Safety Net for Modern Relationships

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Gary Hall
Gary Hall
Litigation Solicitor
Clough & Willis

When relationships end, property disputes have a way of cutting deeper than just financial loss; they strike at security, fairness, and dignity. For unmarried couples, this reality is especially stark. Unlike divorcing spouses, who benefit from a robust framework under family law, cohabiting partners are left to navigate the cold, often unforgiving provisions of the Trust of Land and Appointment of Trustees Act 1996 (TOLATA).

TOLATA was designed to provide clarity but in practice it often highlights just how outdated our legal approach to modern relationships really is. Cohabitation is now one of the most common living arrangements in the UK, yet the law continues to treat these partners as legal strangers once the romance fades.

On the surface, the Act gives people a route: apply to the Land Registry, unearth dusty transfer documents (TR1/TP1), argue about whether property was held as Joint Tenants or Tenants in Common, and if no agreement can be found then let the courts decide. There is logic here, yes, but also an uncomfortable rigidity. The law presumes fairness based on technical ownership structures, rather than lived reality. Did you pay the mortgage single-handedly after your partner moved out? Did you invest in renovations to increase the property’s value? TOLATA can, through equitable accounting, adjust the balance but this is not guaranteed, and the process is far from simple.

And then there’s the elephant in the room: cost. While mediation is encouraged, the truth is that many disputes end up in court. Formal proceedings mean solicitors’ fees, valuations, mortgage statements, and the stress of disclosure. For ordinary people, this can feel like justice is accessible only if you can afford it.

In my view, the Act functions as a necessary safety net, but it is not a true reflection of the way we live today. The fact that someone can share years of their life, pour money into a shared home, and still walk away empty-handed because their name isn’t on the title deed is not just a legal technicality, it’s an injustice.

It’s time to ask whether we need more than TOLATA. Shouldn’t the law recognise the reality of cohabitation more fairly, without forcing people to piece together claims from constructive trusts and equitable accounting? Relationships may end, but fairness should not.

Until reform comes, TOLATA remains both a lifeline and a warning: if you live together but remain unmarried, your legal rights are fragile, and you must take steps like signing a Declaration of Trust before love clouds the paperwork.

About Gary Hall

Gary joined Clough & Willis in January 2025. He brings with him over 28 years experience working as a solicitor and previously as a Director at Rothwell and Evans solicitors. He has also headed up teams as Head of Litigation Wills and Probate.

His areas of work include:

  • Wills, Trust & Probate Litigation
  • Company & Partnership Law including Shareholder, director and partnership disputes.
  • Contract Disputes – Disputes arising from commercial contracts and between private individuals from what may appear a relative small sum to the multi-million pound claim
  • Property Disputes including landlord & tenant, boundary disputes, possessory title and rights of way.
  • General Litigation –Insolvency, Bankruptcy and Winding Up
  • Applications under the Trusts of Land and Appointment of Trustees Act 1996.

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Potanina-v-Potanin: Divorce Experts Share their Views
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Potanina-v-Potanin: Divorce Experts Share their Views

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Sean Hilton
Sean Hilton
Sital Fontenelle
Sital Fontenelle
Peter Burgess
Peter Burgess

The recent Court of Appeal ruling in London has reignited global attention on one of the most high-value divorce cases in history. Natalia Potanina, ex-wife of Russian billionaire Vladimir Potanin, has won the right to pursue a multi-billion-dollar claim for 50% of his stake in Norilsk Nickel, along with dividends and a luxury Moscow property.

Having previously received less than 1% of marital assets following their 2014 divorce, Potanina’s successful appeal marks a significant shift in what has already become a closely watched case.

To unpack the potential implications of this ruling, we asked leading experts Peter Burgess, Sital Fontenelle and Sean Hilton for their views.

Peter Burgess, partner at Burgess Mee, says:

“Today’s ruling further cements London’s position as the divorce capital of the world. Mrs Potanina’s $6bn claim has been thrown a lifeline, by the Court of Appeal allowing the claim to proceed. For UHNW individuals who have been badly served abroad, this judgment will be very welcome. Aspiring “divorce tourists” may appreciate the opportunity to demonstrate connection to this country at the substantive hearing, rather than at an earlier stage. However, this particular long-running high-value dispute may still have some way to go as it remains open to Mr Potanin to seek a further appeal to the Supreme Court.”

Sital Fontenelle, Head of the Family Law team at Kingsley Napley LLP, comments:

“All lawyers to international HNWs have been watching this case, given it concerns the limits to divorce tourism and is the latest determined example of a wife testing England’s reputation for being a fair and generous forum.

The Court of Appeal has today granted Natalia Potanina’s application for leave to bring a Part III claim meaning she is permitted to bring a claim for financial remedies in this jurisdiction following a divorce and financial settlement decided after a long marriage in Russia.   

The Court of Appeal had little difficulty in concluding that Mrs Potanina has solid grounds to bring her application on the basis of her connections to this country and the ‘limited’ view of her husband’s assets that was taken in Russia. The Court even went so far as to note that it could be argued the size of her award in Russia meant her reasonable needs could not be met. It also observed she had only received a fraction of what she might have received in this country.   

This will no doubt be disappointing to her husband and will dismay those who feel our divorce courts should be dealing with more local and needy cases. As the Court of Appeal notes, this case has been running for nearly 7 years and has consumed substantial resources of the court.

Although today’s decision is, of course, fact specific, the key point is that the door is still open; it reinforces our reputation for being divorce capital of the world and importantly there was no narrowing of the test for other potential claimants who have the appetite to bring litigation here.  We will therefore remain an attractive jurisdiction for divorce cases. 

However, it is unlikely to be the end of the matter since Mr Potanin may still have the appetite to appeal further and request the Supreme Court considers the substance of this case (their original review was procedural).  

This is a blockbuster case in financial terms – with considerable £s at stake in the billions rather than millions – so we can expect it will continue to be hard fought for several years to come.”

Sean Hilton, Family Partner, Stevens & Bolton, commented:

“Today’s Court of Appeal decision in the Potanin case marks a significant moment for international divorce law in England. By allowing Natalia Potanina’s financial claims to proceed despite her divorce being finalised in Russia the court confirmed its ability to intervene where a spouse claims they have received insufficient provision from a foreign divorce. Mrs Potanina was found to have a real and meaningful connection to England – she held a UK investor visa, owned property here, and had been habitually resident for over a year. The Judge did not agree with Mr Potanin’s claim that his ex-wife was a ‘divorce tourist’.

“The court also commented that under the Russian divorce Mrs Potanina received a “tiny fraction” of the sum she would have received if she had divorced in England, and that this may be more significant when Mr Potanin is required to give disclosure of his assets here. In those circumstances the Judge commented that it would be appropriate for the court to make a further financial award to Mrs Potanina, the extent of which will need to be determined at a further hearing.   

“This decision may now open the door to a raft of applications that have been waiting in the wings for clarity. It is clear this ruling will shape how we advise international clients going forward. While the procedure for these applications has been tightened, the court have made clear that if jurisdiction is established and there’s a real prospect of success for a spouse with a meaningful connection to this country, claims may still proceed with a broad discretion afforded to Judges – perhaps supporting the view that England is the ‘divorce capital of the world’.”

Keep up to date with latest divorce news.

About Peter Burgess

Peter is one of the two founding partners at Burgess Mee Family Law.

Having trained at top family law firm Withers LLP, Peter founded Burgess Mee with in 2013, where he advises on the full spectrum of family law issues across the firm’s three offices. Peter is also an FMC accredited mediator.

Get in touch with Peter today:

  • Email
  • Call on – 0203 824 9952

About Sital Fontenelle

Sital Fontenelle is the Head of the Family & Divorce team at Kingsley Napley. She specialises in the complex financial aspects of a divorce, negotiating and drafting of nuptial agreements as well as private children law cases. She typically acts for high-net-worth individuals, often on cases involving an international dimension, offshore trusts, family businesses, inherited wealth or asset tracing. She is also highly experienced in complex children cases. Sital is an active member of the Resolution Cohabitation committee and regularly speaks at international conferences on wealth protection and trusts. She is a recognised leader in her field in legal directories, including the Chambers Ultra High Net Worth Guide, Legal 500 UK, Chambers UK (finance and children) and Spears. As well as being ‘Recommended’ in the Spear’s 2023 Family Law Index, she won silver in the Woman of the Year – Future Leaders (Partner) category at the Powerwomen Awards 2020.

About Sean Hilton

Sean assists clients on a broad spectrum of matters ranging from complex high-value financial proceedings following divorce, to disputes in relation to children. For instance, Sean advises unmarried families on the consequences of a relationship breakdown and is instructed on pre and post nuptial agreements, often with an international element. Sean is considered as a “Rising Star” by the Legal 500 Directory and in the Thompson Reuters Super Lawyers List, and has recently been shortlisted for Family Lawyer of the Year – Senior/Managing Associate in the CityWealth Future Leader Awards.

Sean’s Stevens & Bolton profile and contact details are available here:

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Why Prenups are Losing Their Stigma - and Why More Couples Should Consider Them
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Why Prenups are Losing Their Stigma – and Why More Couples Should Consider Them

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Fiona Lazenby
Fiona Lazenby
Partner – Family
Knights

Prenuptial agreements have made a comeback into the spotlight recently – not least after Jeff Bezos tied the knot with Lauren Sánchez earlier this summer. While they continue to often be branded ‘unromantic’ or ‘pessimistic’, these agreements are quietly becoming more mainstream, with growing numbers of millennials and everyday couples separating themselves from traditional perceptions and exploring them as a pragmatic way to protect assets and ensure financial clarity in the event of divorce.

As a family specialist at national leading law firm Knights, Jane Livingstone has seen first-hand how prenups have evolved from being a niche, often misunderstood concept into a recognised mechanism that can bring clarity and security to relationships.

What is a prenuptial agreement really for?

A prenuptial agreement, commonly known as “prenup”, is effectively signed before marriage, setting out how a couple would regulate or separate finances should the marriage later break down. 

They’re often associated with situations where one spouse has significantly greater wealth, owns a business, expects to inherit or wants to protect a family asset. Increasingly, however, couples with more modest means have started to recognise the value of deciding these matters early rather than leaving everything to chance. 

While the Supreme Court has recently ruled that on divorce, spouses should share the assets they build together, they need not share assets received from their families or inherited, known as non-matrimonial assets. However, such assets can become ‘matrimonialised’, depending on how they’re used during the marriage. A prenup is a useful tool to clarify that certain assets, such as gifts, inheritances, or family wealth, are to remain outside the pool of shared assets, even if circumstances change during the marriage.

Similarly, if a spouse inherits or receives family wealth after the marriage has begun, a postnuptial agreement can serve the same purpose, offering protection and clarity at any stage of the relationship. 

Where the change of heart comes from among younger generations

With many people deciding nowadays to walk down the aisle later in life, they often enter marriages with more established careers and accumulated assets. Many would’ve also witnessed, within family or friends, the financial fallout and emotional strain of divorce, making them more conscious of planning ahead.

Far from being a sign of mistrust, most couples find that talking openly about their finances before marriage brings them closer. As morbid as it may sound, it’s not unlike writing a will: it’s rarely done in expectation of the worst, but to provide clarity and peace of mind.

Are prenups legally binding?

Prenups aren’t automatically legally binding in England and Wales. Courts retain discretion to decide what is fair, especially in cases involving the needs of children.

However, if a prenup is properly prepared – with full financial disclosure, independent legal advice for both parties, and fair, realistic terms – it will carry significant weight. In practice, this often means that a well-drafted prenup does exactly what it’s intended to: reduce conflict and avoid lengthy, expensive and unnecessary disputes. 

Who can benefit and what assets can be covered?

While high-profile examples like Bezos make headlines, prenups are valuable for anyone who wants to protect particular assets, spanning across family businesses, inherited wealth, property purchased before marriage, savings or investments built up independently, and trust funds. 

For business owners, a prenup can be particularly constructive. Without one, divorce can trigger intrusive business valuations, disrupt operations, and create liquidity pressures. Agreeing in advance on how the business will be treated helps protect its stability.

Prenups can also address responsibility for existing debts, ensuring that personal liabilities remain personal rather than becoming joint obligations.

Importantly, these agreements aren’t standard templates – they’re tailored documents, drafted to reflect each couple’s unique circumstances and priorities.

Common misconceptions

One of the most enduring myths is that prenups are only for the very wealthy. The reality is now shaping these agreements differently, as prenups have been increasingly used by couples with moderate wealth who simply seek clarity and fairness. 

Another misconception is that discussing a prenup is cynical or unromantic. In practice, most couples who choose to have these conversations find it reassuring, providing peace of mind and establishing respect for each other’s financial futures, which can hugely reduce anxiety.

How to get it right

The process by which a prenup is created is as important as its content. Some key points:

  • Start early: don’t leave it until weeks before the wedding, but aim to finalise the agreement well in advance, ideally several months before the big day.
  • Full disclosure: both partners must share an honest, detailed picture of their finances. Attempts to withhold disclosure or inaccurately disclose fundamental information could lead to the agreement not being upheld.
  • Independent legal advice: each person should seek separate legal advice to show they understand and freely agree to the terms.
  • Fairness: the agreement must be reasonable and account for both parties’ needs.

If a prenup appears rushed, one-sided or signed under pressure, it’s far less likely to hold up in court.

Keeping it up to date

Life changes, and so should a prenup. It’s sensible to review it every few years or after major events, like the birth of a child or receiving an inheritance. If needed, updates can be formalised to keep the agreement aligned with the couple’s current situation.

Final thoughts

A prenup won’t remove every risk and courts still have a duty to ensure outcomes are fair. But for many couples, it paves the way to a clear plan, agreed together. 

At its best, a prenup isn’t about expecting divorce – it’s about protecting what matters most, reducing future conflict, and entering marriage with openness and confidence. That’s why, stigma aside, more couples are realising that love and pragmatism can go hand in hand.

Read more articles by Knights.

About Fiona Lazenby

Fiona Lazenby is a partner in the family team at Knights. Working with landowners and farming families to entrepreneurs, lottery winners and football club owners, she specialises in helping to negotiate the property and financial repercussions of relationship breakdown as well as resolving disputes over children’s living arrangements and wellbeing. Her high-net-worth clients have assets into the hundreds of million pounds. With expertise in the treatment of assets held in offshore trusts her clients are supported in both the UK and internationally.

She also advises clients on wealth protection when they decide to marry or cohabit, and prepares pre-nuptial, post-nuptial and cohabitation agreements to safeguard inherited wealth or business value created before marriage.

Seeking the best possible outcome for clients underpins her approach and she has often faced national media on their behalf.

She is also a member of the Law Society Family Advanced Panel in respect of complex assets.

About Knights

Knights is one of the fastest-growing legal services businesses in the UK, delivering high-quality services to more than 10,000 business clients from 26 offices nationwide.

Knights is ranked within the top 50 UK law firms by revenue – with specialists in all key areas of corporate, real estate and commercial law. Its extensive expertise is consistently strengthened through its acquisitions and the recruitment of high-calibre talented professionals.

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Breaking Up is Hard to Do: Separation, Finances and Children for LGBTQ+ Families
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Breaking Up is Hard to Do: Separation, Finances and Children for LGBTQ+ Families

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Joe Ferguson
Joe Ferguson
Family Law Solicitor
Myerson Solicitors

The end of a relationship is never easy, but for LGBTQ+ couples, navigating the legal and emotional aspects of separation can come with distinct challenges. For LGBTQ+ families knowing your rights is vital – particularly if your family has been formed through surrogacy, adoption or other routes that can carry additional legal considerations.

In this article, we explore how separation works for same-sex and LGBTQ+ couples, how financial matters are resolved, and what options are available when children are involved.

Ending the relationship: divorce and civil partnership dissolution

LGBTQ+ couples have had the legal right to marry since 2013 in England and Wales, and civil partnerships continue to be recognised. Both marriage and civil partnerships can be formally ended through the family court – divorce or dissolution, respectively – and the process is now based on a no-fault system. This means that neither party needs to prove wrongdoing for the legal process to begin.

Whether it is a divorce or a dissolution the procedure is the same: an initial application, followed by a conditional order, and finally, a final order to formally end the marriage or civil partnership.

But while the legal framework is the same for all couples, LGBTQ+ individuals may face different questions when it comes to resolving finances and parenting arrangements, particularly when their relationship pre-dated legal recognition.

Financial matters: reaching a fair outcome

Financial settlements can be one of the most emotive and difficult topics to brooch following separation. Like opposite-sex couples, same-sex spouses and civil partners are entitled to a full range of financial remedies. These can include:

  • Lump sum payments
  • Spousal maintenance
  • Property transfers or sales
  • Pension orders
  • A clean break, ending future financial ties

The court will assess the financial resources, needs and contributions of each party amongst other factors, and aims to reach an outcome that is fair and meets the needs of the parties and any children involved.

However, there can be added complexity when considering assets that were acquired before marriage – especially for couples who lived together for many years. Determining whether these assets are “marital” or “non-marital” can become a key issue, particularly where significant property, pensions or savings are involved. Cohabitation alone does not automatically give rise to legal rights, though it is typically taken into account that any period of seamless cohabitation prior to the date of the marriage or civil partnership when determining the length of the marriage. Accordingly, timelines and clear evidence of cohabitation is often required. It should be noted of course that many LGBTQ+ couples were unable to enter into marriage or civil partnership previously owing to the lack of provision within the law for them. Accordingly, these arguments can be important as evidence of the enduring relationship between the parties. 

Children: supporting parenthood in all its forms

For LGBTQ+ families, parenting often involves a range of routes – from adoption and surrogacy to donor conception. These arrangements can create additional legal considerations during a separation.

The starting point is to establish parental responsibility: the legal authority to make decisions about a child’s health, education, and welfare. Biological and adoptive parents usually have parental responsibility automatically, but others (such as non-birth parents in a surrogacy arrangement) may need to apply for parental orders, declarations of parentage or child arrangements orders. 

If both parents are legally recognised, they may choose to agree parenting arrangements voluntarily. Options include:

  • Mediation: This process can help couples reach agreement on how children will be cared for, where they will live, and how contact will work. Mediation is not legally binding but can lead to a more amicable, cost-effective solution.
  • Collaborative law: This process enables separating couples to work together with trained professionals to resolve disputes without going to court. Everyone agrees to work together as a team to resolve disputes without going to court. 
  • Negotiation: working with solicitors, with the benefit of independent legal advice, to work out what would be best for their family, avoiding costly and potentially acrimonious court proceedings.

If agreement cannot be reached, the family court can make a Child Arrangement Order which is legally binding and sets out the child’s living and contact arrangements. The court’s priority is always the child’s welfare.

Planning ahead for a smoother separation

While the legal system provides equality on paper, LGBTQ+ families may still encounter unique issues when relationships end. The reality is that the law in this area is continues to evolve but has not caught up to the social realities of life as an LGBTQ+ person and the unique family dynamics which are increasingly commonplace. The key to navigating these challenges is early advice and a tailored, bespoke approach that reflects the structure of your family, the history of your relationship, and the complexities involved.

If you are an LGBTQ+ individual facing the challenges associated with separation and need assistance, the team at Myerson Solicitors are here to support you with clarity, empathy and practical expertise.

Read more articles by Myerson Solicitors.

About Joe Ferguson

Joe Ferguson is a solicitor in the Family Law team at Myerson Solicitors. He specialises in divorce, financial remedy proceedings, and complex children matters, with particular expertise in supporting LGBTQ+ clients through family law issues with sensitivity and pragmatism.

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Separation and Divorce in 2025: Navigating the Current Landscape and Looking Ahead
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Separation and Divorce in 2025: Navigating the Current Landscape and Looking Ahead

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Sean Hilton
Sean Hilton
Partner
Stevens & Bolton

For those contemplating a separation or divorce, the idea of navigating the inevitable complexities that follow can be a daunting one. In addition to understanding the core legal principles, Family law is an area that constantly evolves. Judges react to changes in societal ideas and professionals working alongside separating or divorcing couples are constantly looking at new ways to support the clients, couples, and families they support. It is therefore important to stay up to speed with current trends, and to try where possible to predict the future direction of travel.

Cohabiting couples

Whilst it is not a new issue, the legal status (or lack thereof) of couples who are separating without having married remains a ‘hot topic’ in the Family law community. Despite significant noise, and pressure on policy makers (most notably by the organisation Resolution, and its members), there is no sign of change any time soon. It is important for those in that situation to take specialist advice on their options. Where any legal change is still some way off, those in, or entering into, cohabiting relationships should consider other routes of protection, for example Declarations of Trust or Cohabitation Agreements.

No-fault divorce

The consensus within the Family law community is that the introduction of the ‘no-fault’ divorce system has been a positive one. Any historic concerns that the no-fault system would result in a greater number of couples divorcing have proven unfounded as the recent statistics from His Majesty’s Court Service have shown.

Although able to avoid the ‘blame game’, there remains a clear bias towards divorce applications being issued on a sole basis (74% of all applications over the quarter most recently reported). The alternative is an application on a joint basis.

This bias could be because one person will often wish to divorce the other and take control of the process. It may also be because of the additional administrative burden that comes with a joint application, with those complexities heightened where the other applicant is acting in person. Another reason may be that given the access provided by the online divorce portal people are managing the divorce process themselves without solicitor involvement, perhaps even before taking any advice at all.

Regardless of the reasons, and the split of sole versus joint applications, the key is to ensure that the process can be managed with the least possible amount of animosity, particularly where children and finances are involved.

Resolving financial matters alongside divorce

The recent statistics also support a fact long understood by Family lawyers, and one that is of grave concern. Less than half of couples making an application for divorce then apply to the court for an order finalising their financial claims. It could be said that in some cases there may not be any money to be divided, so is an application necessary?

In short – yes. A couples’ financial claims remain ‘live’ even after they are legally divorced unless a Court order has dismissed them. In its simplest form this is by way of a ‘clean break’ order, dismissing all claims each spouse has against the other. This then ensures that no future claims can be bought. Looking ahead it may be that before granting a conditional or final order in the divorce process, the court asks the parties to confirm that they understand this fact and are either taking steps also to resolve their financial claims formally or have chosen not to do so.

Protecting assets acquired before marriage

Whilst it will be relevant for a smaller number of divorcing couples, those with pre-acquired assets that were bought into the marriage should take note of the long running case of Standish and Standish [2024] EWCA Civ 567. This is due before the Supreme Court this Spring with Judgement anticipated in the latter part of the year.

This case centres around the transfer of assets acquired pre-marriage into the name of a spouse for tax reasons, intended then to be placed in Trust. Those transfers into Trust did not take place and the subsequent argument on divorce was that those assets had become matrimonial by virtue of the transfer.

The key issue here is whether the transfer of the assets did in fact make them a matrimonial asset, despite the fact that they were clearly acquired pre-marriage and their transfer to the spouse was for a reason other than to ‘share’ them as part of the marriage. The same arguments could apply for assets that someone may inherit while married. For those where this is a possible issue, communication at the time of inheritance/transfer will be of key importance.

Pre- and post-nuptial agreements

Another protection method, and one that is increasingly common, is a pre- or post-nuptial agreement. Whilst the Family Court retains discretion in respect of nuptial agreements advisors can now give clients more certainty than ever that where properly executed (ideally in line with the Law Commission recommendations on Qualifying Nuptial Agreements), the terms should provide the intended protections.

Looking ahead, the recent case law confirms that Judges wish to avoid an overly paternalistic and interventionalist mentality. Where couples enter into nuptial agreements, and barring any vitiating factors, they should expect to be held to their terms.

Non-court dispute resolution (NCDR)

In cases where any element of negotiation is necessary NCDR should be the first consideration, particularly for higher net-worth couples. There remains a significant backlog in the family courts and recent changes in law have increased the likelihood of cases being openly reported. These factors make NCDR an evermore attractive proposition.

This area has developed at a rate of knots, and there is now an almost limitless range of options available, providing the ability to build a bespoke ‘package’, supported where necessary by third party experts such as financial advisors or therapists.

The rise in NCDR has been driven by the legal changes which, subject to some exceptions, require all divorcing couples to attempt it before issuing a court application. It has also been driven by the lived experience of clients, and their Lawyers, in navigating a Court system which is underfunded and overstretched. Whilst there will always be the need for a specialist Family Court, and the commitment of Judges working daily to assist couples and families cannot be questioned, the NCDR processes are time and cost effective and some of the country’s top Family law specialists are tailoring their practices to such processes.

The benefits of NCDR have been recognised and promoted within the Courts as shown by the proactive case management of Mr Nicholas Allen KC in NA v LA [2024] EWFC 113. The court will more frequently push cases back into an NCDR model where appropriate, and the number of cases using NCDR will continue to climb.

Horizon scanning

The Family law landscape is constantly changing, but keeping an eye on the key developments will allow those considering a separation or divorce to highlight any obviously important changes. This may be a preventative measure (for example a pre-nuptial agreement), or a pre-emptive measure (such as ensuring a settlement before a reported case is published), but for most it will be more important to keep abreast of the breadth of options available to assist in navigating the complexities of divorce and separation without unnecessary costs and distress.

About Sean Hilton

Sean Hilton, of Stevens & Bolton LLP assists clients on a broad spectrum of matters ranging from complex high-value financial proceedings following divorce, to disputes in relation to children. For instance, Sean advises unmarried families on the consequences of a relationship breakdown and is instructed on pre and post nuptial agreements, often with an international element. Sean is considered as a “Rising Star” by the Legal 500 Directory and in the Thompson Reuters Super Lawyers List, and has recently been shortlisted for Family Lawyer of the Year – Senior/Managing Associate in the CityWealth Future Leader Awards.

Sean’s Stevens & Bolton profile and contact details are available here, and he can be found on LinkedIn here.

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Financial Claims for Stay-at-Home Parents Upon Divorce: What You Need to Know
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Financial Claims for Stay-at-Home Parents Upon Divorce: What You Need to Know

Published on
Stephanie Kyriacou
Stephanie Kyriacou
Managing Associate
Freeths

When a marriage breaks down, financial settlements can be particularly complex where one spouse has sacrificed their career to raise children. In England and Wales, the law recognises this contribution and provides a framework for fair financial division under the Matrimonial Causes Act 1973. This contrasts sharply with the legal position of unmarried cohabitees, who have far fewer rights.

Cohabiting couples in Britain account for nearly 1 in 5 families and are the fastest growing family type – with almost 3.6 million opposite-sex cohabiting couple families. Despite this, when a cohabiting couple’s relationship breaks down, the law treats them as though they were two completely unconnected individuals with no basic legal protections.

Financial Claims Under the Matrimonial Causes Act 1973

A stay-at-home parent who has put their career on hold for the benefit of the family may be entitled to substantial financial relief upon divorce. Under the Matrimonial Causes Act 1973, the court has wide discretion to ensure a fair division of assets and income, taking into account factors such as:

  • The needs and resources of both parties – this includes income, earning capacity, property, and financial obligations. A parent who has been out of work for many years may struggle to re-enter the workforce at the same earning level as before.
  • Contributions to the marriage – non-financial contributions, such as childcare and homemaking, are valued equally to financial contributions. The court acknowledges that raising children is a crucial role that has economic value.
  • The welfare of any children under 18 – ensuring financial stability for children is a priority, often influencing maintenance and housing arrangements.

Types of Financial Orders Available

A stay-at-home parent may apply for various financial orders, including:

  1. Spousal Maintenance – A regular payment from the financially stronger spouse to help the stay-at-home parent meet their needs, especially if they cannot immediately become financially independent. This may be for a fixed term or, in some limited cases, for joint lives.
  2. Lump Sum Payments – A one-off capital payment to balance the division of assets.
  3. Property Adjustment Orders – The court may transfer or adjust ownership of the family home, sometimes allowing the primary caregiver to remain there until the children are older/finish their secondary education.
  4. Pension Sharing Orders – Stay-at-home parents may claim a share of their spouse’s pension to provide for their long-term financial security.

Key Differences: Married vs. Cohabiting Parents

While married stay-at-home parents have various legal rights upon divorce, cohabiting partners have no automatic financial claims against each other upon separation, regardless of how long they lived together or whether they raised children together. The law does not recognise “common-law marriage.” Instead:

  • A cohabiting parent can claim child maintenance from the other parent, calculated under the Child Maintenance Service (CMS) formula.
  • They have no right to spousal maintenance or a share of their partner’s assets unless they can prove ownership through property law principles, such as trust claims.
  • Cohabitees cannot claim a share of their ex-partner’s pension.

A co-habitee may have recourse to make claims under Schedule 1 of the Children Act 1989, but these financial claims are solely for the benefit of any children of the family and not for themselves.

Conclusion

For stay-at-home parents, the Matrimonial Causes Act 1973 provides vital financial protections upon divorce, recognising the economic sacrifices made in raising children. In contrast, unmarried cohabitees face significant financial vulnerability, with limited legal remedies available.

  • Under current law, it is possible to live with someone for decades and have children together, but then simply walk away with the economically stronger party taking no financial responsibility for a former partner when the relationship breaks down.

The current Government have committed to legislation to better protect cohabitees, however, as yet, there is no date for when this new legislation may come into effect.

About Stephanie Kyriacou

Stephanie Kyriacou is a Managing Associate in Freeths Family team and is based in the East Midlands. Stephanie is a highly experienced specialist family lawyer whose work includes divorce, middle to high net worth (HNW) financial matters, private children law matters, cohabitation disputes, Schedule 1 claims and pre and post nuptial agreements. Stephanie is on the board for the Leicestershire Resolution Committee and is committed to the Code of Practice which promotes a constructive approach to resolving family issues that considers the needs of the whole family.

A link to her profile can be found here: Stephanie Kyriacou | Family Law | Leicester | Freeths

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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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A Guide to Spousal Maintenance
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A Guide to Spousal Maintenance

Published on
Chris Sweetman
Chris Sweetman
Editor at The Divorce Magazine
Director at Fair Result

Sponsored post by Fair Result.

This blog serves as a practical and informative guide to spousal maintenance in divorce settlements. It clarifies what spousal maintenance is, who may be eligible, how payments are determined, and key considerations when negotiating or contesting maintenance. Keep reading to find out more.

What is Spousal Maintenance?

Spousal maintenance, sometimes mistakenly called alimony, is financial support paid by one spouse to the other following a divorce or separation. Its purpose is to provide financial assistance to the lower-income spouse, ensuring they can maintain a standard of living similar to that enjoyed during the marriage. Unlike child maintenance, which is specifically for the support of children, this kind of support focusses on the financial needs of the ex-spouse. It is often seen as support for the partner receiving it as financial assistance to allow them to adjust to single living.

Who Qualifies for Spousal Maintenance?

Eligibility for spousal maintenance depends on several key considerations by the court:

  • Income Disparity: The court examines the difference in income and earning capacity between the spouses.
  • Length of Marriage: Longer marriages are more likely to result in spousal maintenance awards, especially as above where one partner needs time to adjust maybe for example having a period of time to look for work.
  • Childcare Responsibilities: If one spouse is responsible for the care of young children, this may influence the award but must always recognise that this is entirely separate from child maintenance, but it does sometimes get merged by the courts and practitioners.

Each case is unique, and the court’s decision is based on the specific circumstances of the divorcing couple. At Fair Result, we use our experience in divorce financial settlements and negotiating to assist you in this aspect of your overall financial settlement and remember we operate on fixed fee divorce services.

How Payments Are Determined

Several factors influence the determination of spousal maintenance payments:

  • Financial Needs and Resources: The court assesses the financial needs of the lower-income spouse and the resources available to both parties.
  • Standard of Living: The standard of living during the marriage is considered to ensure fairness.
  • Age and Health: The age and health of both spouses can impact the duration and amount of maintenance.

Payments can be structured as either a lump sum referred to as a capitalised lump sum or ongoing periodic payments. The duration of payments varies and may be fixed term or open-ended. However, the consent order would need to allow for extendable spousal maintenance, and this again is where Fair Results negotiating skills would be utilised for you.  It is also necessary to understand capitalised lump sum payments are reduced in financial value as against monthly payments, to reflect the fact the recipient is getting all the spousal maintenance payments in one lump sum. They can then invest this over time or utilise it immediately to help with for example the purchase of a new home.

Common Misconceptions

There are several misconceptions about spousal maintenance that need addressing:

  • Maintenance is Guaranteed: Spousal maintenance is not automatically awarded in every divorce case; it depends on the specific circumstances.
  • Men Never Receive Spousal Support: Although less common, men can and do receive spousal maintenance if they are the lower-income spouse.

Can Spousal Maintenance be Changed or Stopped?

Spousal maintenance arrangements can be reviewed and changed under certain conditions:

  • Reviews and Reductions: Maintenance orders can be reviewed periodically, and changes in financial circumstances can lead to adjustments if the circumstances are deemed necessary and the original order allowed for review at a particular time.
  • Impact of Remarriage or Cohabitation: If the recipient spouse remarries or cohabits with a new partner, maintenance payments may be reduced or stopped.

Negotiation Tips

Successful negotiation requires professional advice and careful planning:

  • Seek expert advice from family law professionals, such as those at Fair Result.
  • Be realistic about financial needs and future earning capacity.
  • Consider the long-term implications of the maintenance arrangement.

Fair Result offers fixed-fee divorce services to help you navigate the complexities of spousal maintenance and achieve a fair financial settlement.

If you need expert advice on financial settlements and spousal maintenance, get in touch with Fair Result. Our fixed-fee services ensure you have the support and guidance you need through your divorce. Visit https://fair-result.co.uk/ for a free no obligation discussion to see how our team can help you negotiate your UK divorce law spousal support.

Get in Touch

Call us at 07 500 933 818 or 0333 577 7009

Email peter@fair-result.co.uk or chris@fair-result.co.uk

Read more articles by Chris Sweetman.

About Chris Sweetman

Chris Sweetman is an independent family solicitor and director of Fair Result – An award-winning law office who pride themselves on using innovative ways to help clients through the stress and complications of a marriage breakdown.

Chris can be contacted on 07500933818 or via email chris@fair-result.co.uk.

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When "I Do" Turns Into "I Don't": Key Considerations for Divorce Later in Life
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When “I Do” Turns Into “I Don’t”: Key Considerations for Divorce Later in Life

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Hayley McCormack
Hayley McCormack
Partner
Roythornes Solicitors

Over the past 30 years, divorces among individuals aged 60 and over have surged by an astounding 85%. In the past decade alone, divorce rates for men over 65 have risen by 23%, while rates for women over 65 have climbed by 38%. This has slowly but surely materialised in a steadily growing trend, commonly referred to as ‘grey divorce’ or ‘silver splitting,’ particularly prevalent among those nearing or already in retirement, and embodying a deviation or redefinition of ‘for better or worse’.

Unlike earlier-life divorces, grey divorce often poses implications of its own kind due to the life stage of those involved. Hayley McCormack, a family law specialist at Roythornes Solicitors, navigates the complexities of separating at later stages in life, particularly as this presents significant financial challenges, due to the proximity to retirement and the complexity of accumulated assets.

Historically, divorce was rarely a viable option for older couples, as financial dependence and social stigma discouraged separation. Women, in particular, often lacked financial independence, making it difficult to consider leaving a marriage in later years. Today, however, as societal norms have evolved and financial autonomy has increased, more couples see separation as a realistic path, even in retirement. Unlike younger couples, later-life divorces often involve the division of lifetime possessions such as pensions, property, and savings, which can have a profound impact on future security and stability.

There’s no place like home

One of the most contentious aspects of later-life separation is agreeing what to do with the family home, which for many is one of the most valuable assets in a marriage. The matrimonial home often carries sentimental significance over financial value. In most grey divorce cases, deciding whether to sell, retain, or transfer ownership of the home can be acutely convoluted as the choice will precede to lasting financial and emotional consequences.

While there may be a sum of options to ponder, it is often easier or sometimes necessary to sell the family property to fund the purchase of two properties instead. Selling the home and splitting the proceeds is often the simplest solution, especially if both parties prefer a clean financial break. This option can provide each party with the funds to purchase or rent new homes suited to their needs.

In this situation, it is essential for both parties to consider what is most affordable, taking into account repayment of any mortgage and early redemption fees, purchase price, stamp duty, legal costs, moving fees and any furniture or white goods they will need. If there is an existing mortgage, this can either be redeemed from the net proceeds or one of the individuals, if you need it, may be able to port the existing mortgage to a new property if there are any preferential rates to benefit from.

The place that holds a piece of your heart

Selling the home may not always be the desired approach and often one partner may wish to stay in the property. If this is a viable option financially, it can provide stability, particularly if there are health considerations or a desire to remain in a familiar community. However, retaining the home requires careful consideration of whether one partner can sustain the home’s upkeep and associated costs independently.

If one partner wishes to retain the family home, they may be able to offset the home’s value with other assets. For instance, one partner may keep the house while the other retains a larger share of cash, investments, or pensions. Although pensions are a significant marital asset, they are often overlooked during separation negotiations. Offsetting the value of the family home against pension assets can be a viable solution, but due to the complexity of these calculations, legal and financial guidance should always be sought.

Another approach for staying in the home is to refinance or increase the mortgage to buy out the other party’s share. In this scenario, the partner who remains in the home would need to assume full responsibility for the property’s costs and may have to qualify for a new or adjusted mortgage. The buy-out process typically involves transferring the property into the sole name of the individual staying in the home, which a solicitor would handle to ensure the contemporaneous transfer and payment of funds. High street lenders have amended their borrowing criteria so that mortgages can be taken later in life, but this will still be dependent on affordability and specialist mortgage advice may be required.

Together apart with joint ownership

For some, continuing to co-own the family home while one partner lives there may be a practical solution, particularly if both parties expect a rise in the property’s value or wish to avoid selling in a perhaps down market. However, delayed interest payment involves several complexities.

Setting a “trigger event” for when the other party will receive their share is essential. This could be a specific future date, the sale of the home, mortgage redemption, or even the passing of one party. Legal advice is vital in these situations, as both parties may need to prepare updated wills or trusts to address inheritance or transfer issues.

Delaying the transfer or sale can additionally lead to tax complications, particularly if one partner receives their share at a future date, which may affect capital gains tax.

Finally, if both parties remain on the mortgage but only one stays in the home, the partner who leaves may have limited borrowing capacity for a new mortgage, affecting their ability to purchase their own property.

Mapping the road ahead

Given that later-life divorces often come just before or during retirement, careful planning around long-term financial security is vital. In addition to decisions about the family home, separating couples should closely review pensions, savings, business assets and other retirement funds to ensure both parties are financially secure. Professional advice is crucial in navigating these challenges to avoid pitfalls that could impact future stability.

Fresh starts in later life

As the rise in grey divorce reshapes societal views on marriage, independence, and retirement, it highlights the evolving needs and priorities of later-life couples. Navigating these unique challenges, particularly decisions surrounding the family home, pensions, and savings, can be complex.

With the right guidance, couples can move forward confidently, ensuring they make informed choices that support their future. Family lawyers assisting those who are facing a divorce, with all the challenges that brings, are there to tune in to what clients are experiencing and ensure matters are handled sensitively; while similarly ensuring they give clear, pragmatic advice to help put their client in the best position to recover from the stress and cost that comes with separation.

Read more articles by Roythornes Solicitors.

About Hayley McCormack

Hayley is a partner at Roythornes Solicitors. She has been practising family law for nearly 20 years having worked for a number of top tier national firms. Hayley has extensive experience in dealing with a broad range of family issues, such as divorce, financial settlements, and issues relating to children. She has particular expertise in complex financial cases involving company and trust structures, pensions, offshore assets, and intervenors, often advising business owners, farming families, entrepreneurs, and professionals.
She collaborates with clients’ advisors to provide wealth protection solutions, including pre/post-marital and cohabitation agreements aligned with company and shareholder agreements.
A trained collaborative lawyer, Hayley offers clear, pragmatic advice tailored to achieve the best outcomes for clients and their families. While skilled in robust litigation, she prioritises cooperative, non-confrontational solutions for family disputes.
Recognised by Chambers and Legal 500, her expertise includes:
  • Divorce
  • Financial settlements
  • Pre/post-nuptial agreements
  • Cohabitation issues and agreements
  • Child-related matters, including international/domestic relocation
  • Trusts and inherited wealth
  • Pre-marriage and post-separation acquired wealth

About Roythornes Solicitors

Roythornes Solicitors is a top 150 national law firm with five strategically located offices across the Midlands and East Anglia. The firm adopts a one team ethos across all offices, with trusted advice being given by its recognised experts on a national spread. It prides itself on building longstanding relationships with clients with a high emphasis on personal connectivity. The firm’s clients include major blue-chip companies, family businesses and private individuals, based nationally and internationally.

Each client benefits from the company’s partner-led, practical approach. As well as a powerful breadth and depth of legal expertise, the team brings commercial know-how and invaluable lateral thinking to each case, drawing on a diverse range of skills and contacts.

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How to Prepare for Divorce: Steps to Take Before Filing
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How to Prepare for Divorce: Steps to Take Before Filing

Published on
Chris Sweetman
Chris Sweetman
Editor at The Divorce Magazine
Director at Fair Result

Sponsored post by Fair Result.

Divorce is an emotional and life-changing process. If you’re considering ending your marriage, knowing how to prepare before you file can make a significant difference in the outcome. With the right preparation, you can avoid common pitfalls and protect both your emotional wellbeing and financial future. Whether you’re seeking guidance on the divorce process or looking for effective divorce solutions, this guide will walk you through the essential steps to take before filing for divorce.

Step 1: Evaluate Your Reasons for Divorce

Before filing for divorce, it’s important to take the time to reflect on why you want to end the marriage. Divorce is a major decision that affects your life, your children (if you have any), and your finances. Ask yourself the following questions:

  • Have you considered marriage counselling or therapy?
  • Is this a temporary conflict or a long-term issue?
  • Are you financially prepared for the divorce process?

If you’ve weighed the pros and cons and feel that divorce is the right path, then it’s time to start preparing.

Step 2: Prepare Financial Documentation

One of the most important steps before filing for divorce is organising your financial records. Divorce settlements heavily rely on accurate and complete financial information. Collect the following documents:

  • Tax returns (last 3–5 years).
  • Bank statements and financial accounts (savings, checking, retirement).
  • Investment portfolios.
  • Mortgage and property information.
  • Pay slips and employment records.
  • Debts (credit cards, loans, etc.)

These documents will provide a clear picture of your financial standing, making it easier to negotiate a fair divorce settlement. If you’re looking for divorce solutions that can help you manage this process efficiently, consider reaching out to Fair Result.

Step 3: Understand and Prepare for the Divorce Process

Divorce laws and processes vary depending on your location. In the UK, you can file for divorce using one of two methods: a sole application or a joint application. It’s crucial to understand which option is best suited for your situation. Here’s a brief overview:

  • Sole Divorce Application: One spouse files for divorce without the other’s participation. This may occur when the divorce is contested, or the spouses are not on good terms.
  • Joint Divorce Application: Both spouses agree to the divorce and file together. This is often the less contentious route and can lead to a smoother and faster resolution.

Understanding which route to take will help you set realistic expectations about timelines and costs. In 2024, the average time from filing to a final divorce order for sole applications was around 49 weeks, while for joint applications, it was 43 weeks. Keep this in mind as you prepare for the process ahead.

Step 4: Plan for Your Children’s Wellbeing

If you and your spouse have children, their wellbeing must be at the forefront of your divorce preparations. The family court system prioritises the best interests of the children, and so should you. Consider the following:

  • Where will your children live?
  • How will custody and visitation be divided?
  • What financial support arrangements need to be made?

Make sure you understand the legal aspects of child custody, support, and visitation agreements in your area. It’s also important to keep the lines of communication open with your spouse when it comes to parenting decisions. If you’re unsure about any of these aspects, seeking advice from an experienced family law professional can help you find the right divorce solutions.

Step 5: Consider Your Living Situation

Divorce often means a significant change in living arrangements. If you’re living with your spouse, you should plan whether one of you will move out or if you will continue living together during the divorce proceedings. The decision may depend on:

  • Ownership or rental agreements.
  • Financial stability and ability to afford separate housing.
  • Custody arrangements for children.

In some cases, staying in the marital home during the divorce process might be necessary to ensure stability for the children or for financial reasons. However, if the environment becomes too toxic or stressful, moving out might be a better option for your mental health.

Step 6: Seek Legal Advice and Support

No matter how amicable your relationship with your spouse may seem, it is always in your best interest to prepare and consult with a family law expert before filing for divorce. Legal advice can help you avoid common pitfalls, such as agreeing to an unfair financial settlement or signing documents you don’t fully understand.

At Fair Result, we offer unique divorce solutions with fixed fees, ensuring that you won’t have to worry about escalating legal costs. Our team of divorce specialists is here to guide you through the entire process, sharing the financial risks with you. You pay nothing until your divorce is finalised, allowing you to focus on moving forward with confidence.

Step 7: Protect Your Emotional Wellbeing

Divorce is an emotional journey, and it’s easy to become overwhelmed by stress, anger, or sadness. Taking care of your mental health is just as important as the legal and financial aspects of divorce. Consider seeking emotional support from:

  • Therapists or counsellors
  • Divorce support groups
  • Trusted friends or family members

Maintaining a strong emotional foundation will help you stay focussed and make better decisions during the divorce process. Divorce solutions that address both the emotional and financial aspects are essential for a smoother transition.

Step 8: Budget for the Divorce Process

The financial impact of divorce can be significant, and it’s important to create a realistic budget for the process. Divorce costs can vary depending on the complexity of your case and the law firm you choose. The cost of living crisis has made many couples hesitant to move forward with divorce, but with the right legal team, you can minimise financial stress.

Fair Result offers a fixed-fee structure, meaning you won’t pay anything until your divorce settlement is finalised. This innovative approach allows you to avoid unexpected fees and prepare your finances with confidence.

Why Early Divorce Preparation Matters

Preparing for divorce before filing can save you time, money, and emotional stress. By following these steps and seeking professional guidance, you can ensure that you are prepared for the challenges ahead. Divorce solutions from trusted firms like Fair Result are designed to help you through the process with minimal disruption to your life.

Are you considering divorce?

Contact Fair Result today to learn how our expert team can assist you in navigating this difficult time. With our fixed-fee divorce solutions, you can rest assured that your financial and emotional wellbeing will be protected every step of the way.

Call: 07500933818 or 0333 577 7009

Email: peter@fair-result.co.uk or chris@fair-result.co.uk

Find out more about Fair Result.

Read more articles by Chris Sweetman.

About Chris Sweetman

Chris Sweetman is an independent family solicitor and director of Fair Result – An award-winning law office who pride themselves on using innovative ways to help clients through the stress and complications of a marriage breakdown.

Chris can be contacted on 07500933818 or via email chris@fair-result.co.uk.

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Agreeing Living Arrangements for Autistic Children When Separating
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Agreeing Living Arrangements for Autistic Children When Separating

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

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

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

Child’s best interest

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

Open communication

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

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

Consistency and routine

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

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

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

Collaborative decision-making

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

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

Flexibility and adaptability

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

Professional input

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

Documentation

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

Self-care

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

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

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

Read more articles by Nelsons Solicitors.

About Rina Minstry

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

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

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