JMW

6 result(s) found.

International Divorce: What is a Jurisdiction Battle and Why Does It Matter?
Concept of travel and adventure, traveller lifestyle
/

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

Published on
Ruben Sinha

Partner in the Family Team

JMW Solicitors LLP

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

What is a jurisdiction battle?

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

Why does it matter where you divorce?

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

Can you divorce in England and Wales?

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

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

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

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

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

Should you act quickly?

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

Practical steps to take 

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

How legal advice can help

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

About Ruben Sinha

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

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

You might be interested in

Financial Independence After Separation: Three Steps to a Better Future
Young woman in casual clothing standing in rye field and enjoying sunshine on summer day with blue sky at background. Woman natural beauty and summer nature concept
//

Financial Independence After Separation: Three Steps to a Better Future

Published on
Elspeth Kinder
Elspeth Kinder
Partner & Joint Head of Family Law
JMW Solicitors LLP

For many people, the final divorce order or financial settlement is expected to feel like the finish line. It matters, of course: the marriage has legally ended, the financial arrangements have been decided, and the immediate uncertainty may have reduced. Yet this is often the point at which a different set of questions becomes louder. Can I manage the household finances alone? What needs to change now? How do I turn the terms of my financial settlement into a life that feels secure, manageable and genuinely mine?

As a family lawyer, I help clients protect their position and reach clear, workable outcomes. As a divorce coach, I also support them with what comes next: rebuilding confidence, making decisions, and moving from simply coping to planning ahead. That continuity is important. Legal advice and coaching do different jobs, but together they can provide a more complete route towards independence.

What is financial independence?

You may have a court-approved agreement but still feel unsure about its practical effect. Perhaps you have never managed investments, pensions, tax returns or household bills. You may be moving home, returning to work, adjusting to a different income or trying to make decisions without the person who previously dealt with the finances. Even where the outcome is fair, the transition can feel daunting.

Financial independence does not mean knowing everything immediately, nor does it mean refusing help. It means understanding your position well enough to make informed choices, knowing where to obtain specialist advice and developing systems that reduce uncertainty. For some, that begins with opening online banking without anxiety. For others, it means understanding a pension share, taking control of a business interest or deciding how to use a lump sum without rushing.

Step One: Implementing your order

A final divorce order ends the marriage, but it does not by itself resolve financial claims. Any agreement about property, pensions, lump sums, or maintenance should be recorded in a court-approved financial order. If you are uncertain whether this has been done, or whether every part of an existing order has been implemented, seek advice before assuming matters are closed.

Check the dates and actions within the order. Is a property transfer complete? Should maintenance payments be varied? Keep the sealed order, final divorce order and key correspondence together. If circumstances change, or the other person does not comply, take advice promptly rather than allowing problems to accumulate.

Step two: Turning your settlement into everyday life

Once you’re confident your settlement is properly recorded, prepare a clear snapshot of your new financial life. Record income, essential spending, debts, savings, pensions and insurance. Use these figures to build a realistic monthly budget rather than one based on an ideal month. Include annual costs such as car insurance, school expenses, holidays and home repairs. A separate contingency fund built gradually if necessary, can make unexpected costs feel less destabilising.

Next, review any practical arrangements that still reflect married life. This may include updating bank mandates, standing orders, credit cards and digital subscriptions, as well as checking who can access shared accounts or cloud storage. Where appropriate, update passwords and recovery details so that your personal and financial information remains secure.

Some financial decisions should not be made without specialist advice. Choices about how to hold or invest a lump sum, draw pension benefits, structure borrowing or deal with tax can have significant and sometimes irreversible consequences. A regulated financial adviser or wealth manager can help you understand the options, forecast future expenditure and test how different decisions may affect your income and capital over time. Taking advice at an early stage can help you avoid making rushed choices, use the settlement in a way that reflects your priorities and put in place a realistic plan for longer-term financial security. Your family lawyer can help identify when specialist financial, tax or mortgage advice is needed. 

Step three: Believe in yourself — and seek support when you need it

During divorce proceedings, there is usually a timetable and a professional team. Once the legal work ends, that structure can disappear almost overnight. Friends and family may expect you to feel relieved, while you may feel exhausted and overwhelmed by ordinary tasks. This is not a failure to move on. It is often the natural consequence of having spent months making high-stakes decisions while also managing work, children and emotional change.

Many of my clients find at this stage, coaching can be an invaluable tool. Coaching offers a confidential, forward-looking space in which to decide what matters now. It is not therapy, financial advice or a substitute for legal advice. A coach can help you break large problems into realistic steps, prepare for difficult conversations, recognise unhelpful patterns, set boundaries and remain accountable to the plans you have made. The aim is not to tell you what to do, but to help you recover confidence in your ability to decide.

Once the legal work has concluded, coaching can provide structure whilst you adjust to the practical realities of your new circumstances. This might include preparing questions for a financial adviser, setting realistic short- and longer-term goals, and developing routines for reviewing spending and progress. Coaching does not provide financial recommendations, but it can help you feel better prepared to engage with the appropriate specialists, make informed decisions and take greater ownership of your financial life.

Begin with the right next step

You do not need a perfect five-year plan. Begin by asking: what is still legally unresolved, what is causing the greatest practical pressure and what single action would give me more clarity this week? The answer might be locating your financial order, preparing a budget, booking an appointment with a financial adviser or simply creating a list of questions.

Divorce closes one legal chapter, but financial independence is built through the choices that follow. With the right legal foundations, practical systems and continuing support, the aftermath of separation can become more than an ending. It can be the point at which you begin to feel informed, capable and in control of your future.

Read more articles by Elspeth Kinder.

About Elspeth Kinder

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

You might be interested in

/

Managing Conflict and Stress During Divorce and Financial Remedy Proceedings

Published on

 

Katie Lowe
Partner in the Family Team
JMW Solicitors LLP

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

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

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

Understand what is within your control

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

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

Keep communication calm, brief and purposeful

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

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

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

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

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

Choose your support network carefully

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

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

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

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

When narcissistic behaviour or coercive control is part of the picture

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

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

Protect your wellbeing alongside your legal position

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

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

Practical tips for reducing conflict and stress

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

Final thoughts

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

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

About Katie Lowe

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

You might be interested in

//

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

Published on

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

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

Clear advice from the outset

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

Choosing the right form of non-court dispute resolution

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

Protecting your interests in complex financial cases

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

Privacy as a key consideration

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

Working towards a fair and lasting outcome

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

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

About Elspeth Kinder

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

 

You might be interested in

Understanding Prenuptial Agreements: A Comprehensive Guide for Couples
Photo by Pixabay: https://www.pexels.com/photo/sign-pen-business-document-48195/
/

Understanding Prenuptial Agreements: A Comprehensive Guide for Couples

Published on
Elspeth Kinder
Elspeth Kinder
Partner
JMW Solicitors LLP

Prenuptial agreements, often referred to as ‘prenups’, are legal documents that a couple signs before they get married or enter into a civil partnership. These agreements set out the ownership of the couple’s income, property and assets, and how these will be divided in the event of a divorce or dissolution.

There are several benefits to making a prenuptial agreement, as JMW explores in the following guide. We also explain what you should consider when deciding whether to proceed with a prenuptial agreement, and what the process of creating one involves.

Why Consider a Prenuptial Agreement?

Prenuptial agreements can, amongst other things, help to protect an individual’s property, set out out which assets are considered ‘non-matromonial’ (meaning they have been acquired prior to marriage), and dictate how inheritance should be treated if it is received during the marriage.

In the event of a divorce, a prenuptial agreement can determine how the financially-weaker party’s need for housing and income will be met,  reduce conflict over assets, and help to make a potentially painful and complicated process more straightforward.

Common Misconceptions About Prenuptial Agreements

Contrary to popular belief, prenuptial agreements are not just for wealthy couples. Individuals of any income bracket may find them beneficial, especially in protecting personal or business assets. Entering a prenuptial agreement does not necessarily suggest an expectation of divorce – it can be viewed as a step towards financial clarity and protection.

Another misconception is that prenuptial agreements can dictate the terms of a financial settlement during a divorce. In fact, the Family Court retains the final authority and it will reject any terms of a prenup that it considers to be unfair or unjust.

The Legalities of Prenuptial Agreements in the UK

Prenuptial agreements are not legally binding in England and Wales, however, the family court can attach significant weight to prenups, and it is for the party who seeks to depart from the terms of the agreement to persuade the court why the terms should not be upheld.

A properly drafted prenuptial agreement is likely to be upheld by the court depending on the circumstances surrounding it.

Essential Components of a Prenuptial Agreement

A comprehensive prenuptial agreement generally includes:

  • A breakdown of each party’s assets and liabilities.
  • Details as to which assets are non-matrimonial.
  • Information as to how the parties intend for the assets to be divided upon separation.
  • Details as to what property will be made available for each party.
  • Confirmation as to whether either party will receive maintenance payments and if so for how much and for how long.

A good pre-nuptial agreement will also contain a review clause that may be triggered by a number of events. For example, a review of the pre-nuptial agreement may take place once the parties have been married for 10 years or if the parties have a child/children.

Financial provisions for children may also be covered within the prenuptial agreement. However, the contact arrangements for the children are best reserved for discussion between the parties when the reality of the separation is known and a decision can be made that is in the best interests of the child.

How to Approach a Prenuptial Agreement

Initiating a conversation about a prenuptial agreement can be challenging. It requires open and honest communication about finances, which can sometimes be a sensitive subject. A strong prenuptial agreement will reflect a balance of interests, ensuring fairness for both parties. As with any legal process, an expert divorce solicitor will be able to help you understand the process and avoid any mistakes that could prove costly or time-consuming.

The Process of Creating a Prenuptial Agreement

The first step towards creating a prenuptial agreement involves a mutual discussion between the couple about their finances. Following this, solicitors for each party can provide independent advice and draft the agreement. Once the draft is prepared, it can be reviewed and revised. When both parties agree to the terms, they sign the prenuptial agreement.

In deciding whether a prenuptial agreement is valid and should be upheld, the Family Court will assess various aspects of it, including:

  • Whether each party had adequate independent legal advice before entering into the agreement.
  • Whether both parties’ understand the implications of the agreement.
  • Whether either party was pressured into making the agreement and whether there was sufficient time to consider the agreement before the wedding.
  • Whether the parties exchanged financial disclosure and whether the parties were open and honest about their respective resources.
  • Each party’s needs and whether the agreement meets them
  • The needs of any children of the family.

If the court finds issues with any of the above points, the agreement may be rejected and the court may make a decision as to how the parties assets are divided.

What About Postnuptial Agreements?

Postnuptial agreements are similar to prenuptial agreements, except they are entered into after the marriage or civil partnership has taken place. Couples may opt for a postnuptial agreement for a variety of reasons, such as changes in the couple’s financial situation after marriage, such as receiving an inheritance, starting a business, or substantial career advancement. Alternatively, couples may choose to enter into a postnuptial agreement as part of an attempt at reconciliation following marital difficulties.

The process for creating a postnuptial agreement is similar to that of a prenuptial agreement. Both types of agreements require full disclosure of assets, fairness to both parties, and independent legal advice to be considered valid.

Keep Your Finances and Property Secured

Prenuptial agreements offer couples a mechanism for financial protection and certainty. Though they may seem unromantic, their potential benefits are substantial. It is important for couples to have an open dialogue about their finances, and when handled properly, a prenuptial agreement can provide peace of mind and contribute towards a healthy, secure relationship.

About Elspeth Kinder

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

  • Separation and divorce;
  • Financial settlement following the breakdown of a relationship;
  • Cohabitation;
  • Arrangements for children following relationship breakdown including with regard to where a child should live and how much time they should spend with each parent as well as specific issues such as place of education and funding of school fees, choice of name and welfare of a child; and
  • Wealth protection by way of pre-nuptial agreements, post-nuptial agreements and cohabitation agreements.

You might be interested in

Six things to consider when thinking about divorce
Photo by Evan Dennis on Unsplash

Six things to consider when thinking about divorce

Published on
Hannah Pilling
Solicitor
JMW Solicitors

If you are reading this, the notion of foreign territory may feel all too familiar.

Plainly, nobody gets married with a view to later divorcing and the prospect of embarking on the process can sometimes feel emotionally and financially daunting. Where do you go from here?

First and foremost, the division of a family’s assets upon divorce is discretionary.

There is no ‘one size fits all’ approach and the court’s discretion is underpinned by key legal principles. Therefore, the outcome achieved by a friend or family member may be completely different to what is considered the right and appropriate outcome in your case.

Each case is considered on its own facts taking into account all of individual circumstances.

1. Legal advice

Obtaining legal advice is first on the checklist. Knowledge is key. This remains the case whether you are completely amicable or on less favourable terms with your partner.

Early advice, educating yourself on your options, possible outcomes and costs can often pave the way for constructive conversations with your ex-partner; provided they also receive legal advice.

Speaking to a solicitor does not have to mean the start of a long drawn out battle. It can actually often mean the exact opposite and can be particularly useful if you wish to have those discussions with your partner with the children in mind.

2. Financial disclosure

Whether you mediate, negotiate directly with your partner, through solicitors or with the assistance of the family court, you need to understand what is in the ‘pot’. You would not buy a car without understanding the model, mileage and risks. In the same way, a great amount of care needs to be taken when looking at the assets to ensure you are negotiating with knowledge of all of the family assets.

Those who feel they are financially in the dark or may not have organised the family finances do not need to fear. You are entitled to full and frank disclosure and to receive advice on this disclosure.

3. Family home

Leaving the family home does not change your ability to make a claim in respect of the property.

However, there can be some advantages to staying put. That said, you should not be in an unsafe environment and urgent legal advice should be sought about the various options. There are also ways of protecting your interest if your partner solely owns the property.

4. The reasons for divorce do not affect the financial settlement

As of 6th April 2022, spouses can embark on the divorce procedure without apportioning blame to either party.

Prior to this, the reasons for the breakdown of the marriage had no bearing when determining the division of the assets; except in exceptional circumstances. This remains the case. The court’s priority is reaching a fair resolution rather than punishing a party.

5. Debts

Regardless of whether the debt was taken out in your sole name or as a joint debt, if the debt was incurred for the benefit of the family, then it should be taken into account when considering the division of the family’s assets upon divorce.

The court cannot reallocate the debt to the other party but it can for instance justify an unequal share of the other assets so that it is taken into account.

6. Privacy

You should ensure you know all the passwords to your accounts.

It would be prudent to undergo a ‘security cleanse’ upon separation and change those passwords to accounts that you believe or suspect your partner may have access to. It sometimes becomes too easy to be tempted to look at your spouse’s accounts when emotions and/or curiosity is heightened.

You have a right to privacy and to invade this privacy can have serious consequences.

Finally, there is never a right time to ‘divorce’ nor is there a benchmark to having a ‘good’ divorce. Equipping yourself with knowledge and support is the best way to ensure you make the right decisions for your family when divorcing.

Click here for more articles from JMW

About Hannah Pilling

Hannah has experience in a wide range of family law matters, including divorce, separation and consequent matrimonial proceedings, securing financial settlements upon divorce, and negotiating arrangements for children. www.jmw.co.uk

You might be interested in