Divorce Law

Different Perspectives: Why September Sparks A Surge In Silver Divorce
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Different Perspectives: Why September Sparks A Surge In Silver Divorce

Published on
Nicki Mitchell
Nicki Mitchell
Partner
Jones Myers

Freshers’ Week at universities throughout the UK can set off wide-ranging emotions and thoughts of divorce.

While students are apprehensive and excited about leaving the family home, many parents who are experiencing a profound sense of loss start to question their relationship – and their future.

Divorce figures overall are declining  but those among the over 50’s continue to rocket. The reasons vary from couple to couple – some couples know their relationship is over but stay together until the children have flown the nest.

Others reconnect with  old flames and many realise when the children are gone that their relationship has run its course and they want more from life. I share some insights below:

Is Your Marriage Worth Saving?

Until you start living without the person you have shared over half your life with, you cannot know how much you will miss them.

Before rushing to make seismic life changes you may later regret, communicate honestly and openly with your spouse and establish if you still want the same life goals.

A marriage in a rut can be worth salvaging and, If you are both on the same page, consider working with third parties like counsellors to get it back on track.

Consider The Consequences Of Divorce

New living arrangements – divorce means finding a way to make the finances which have supported one household work for two.  It can often mean downsizing from a large house and garden, taking on a new or higher mortgage and possibly paying or being dependent on maintenance.

The Cost of Divorce can be substantially higher for mature couples, many of whom have more assets, complicated savings, and property portfolios – often abroad.

Specialist pensions advice will be needed to ensure a fair division of retirement income, including pension lump sums  Older couples often have financial plans for this stage in their life but have to rethink those plans when they separate.  Good financial advice is key to ensuring those assets are restructured fairly and how the children’s university costs will be funded.

The Impact On Your Children – How will your children, and grandchildren, react – and how will divorce impact on how often you see them? Older children may better understand the reasons but can be more likely to take sides.

The loyalties of friends and wider family may be split, substantially reducing your support network. Also consider how the emotional cost of the break up will affect you.

When Staying Together Is Not An Option

If there is no way forward, consider non-confrontational options to divorce, which avoid a lengthy, costly, and stressful court route, and put children’s best interests first.

Mediation – a means of resolving family disputes constructively, enabling you to keep  control over decisions which will affect the future of you and your family.

This private and confidential process takes place in an impartial environment and involves a mediator like me, an independent third party who helps you and your ex to reach an agreement over key areas. Many mediators, like myself, are lawyers and can provide extremely useful information about the law to inform your decisions.

Collaborative Family Law – you and your ex each appoint your own collaboratively trained lawyer. In a series of confidential meetings, you all work together to identify, address and resolve financial, parenting, and other key issues.

Collaborative family lawyers  provide support and legal advice throughout the sessions. Accountants, independent financial advisers, pensions advisers and/or childcare specialists can also attend and provide guidance on a neutral basis.

If court is the only way forward, I recommend securing the best possible legal advice from highly experienced family law professionals like Jones Myers. Our bespoke, innovative and problem-solving approach ensures we always seek the best solution for your individual situation.

For queries on divorce/family law, call 0113 246 0055 (Leeds) 01423 276104 (Harrogate), 202550 (York). Visit www.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet @helpwithdivorce

Jones Myers blog is ranked 5th among the UK’s Best 20 Family Law Blogs to follow in 2026.

Read more articles by Nicki Mitchell.

About Nicki Mitchell

With over three decades experience in family law, Nicki specialises in the financial aspects of relationship breakdown – and particularly complex cases involving family businesses, multiple properties, and complicated pension arrangements.

 A specialist Family Lawyer, Mediator and Collaborative Family Lawyer, Nicki champions Alternative Dispute Resolution processes which avoid a lengthy court process and can lead much more quickly and cost effectively to a successful resolution.

Her exceptional track record also includes advising clients on the more traditional methods of resolving issues surrounding family breakdowns. Nicki.mitchell@jonesmyers.co.uk  01904 202553, www.jonesmyers.co.uk

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Post-Brexit Family Court Ruling Warns Parents That Jurisdiction Over Their Child Can Change During Proceedings
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Post-Brexit Family Court Ruling Warns Parents That Jurisdiction Over Their Child Can Change During Proceedings

Published on
Zoe Fleetwood
Zoe Fleetwood
Partner
Mills & Reeve
Annie Wogel
Annie Wogel
Senior Associate
Mills & Reeve

A SIGNIFICANT family court ruling has warned parents involved in international disputes that responsibility for making decisions about their child can shift between countries during ongoing legal proceedings.

The decision in F v M & Anor (Jurisdiction) [2026] EWFC 219 (B) concerned a young child who was born in England and initially lived in England and Wales. However, during the proceedings, she began spending the majority of her time in Lithuania with her mother.

Following a detailed assessment of the child’s circumstances, the Central Family Court concluded that she had become habitually resident in Lithuania. As a result, the English courts no longer had jurisdiction to decide the child arrangements case.

Commenting on what this means for similar cases, Zoe Fleetwood, a family law partner at leading law firm Mills & Reeve, who represented the child’s mother, said: “This case shows that parents should not assume that because proceedings have started in England, the English courts will necessarily retain jurisdiction until the case concludes.

“Where a child spends significant time living in another country, their circumstances and connections can develop. The court may then find that their habitual residence has changed, which can have significant consequences for where a case is heard and which country’s courts make decisions about a child’s future.”

The case is particularly significant for families with connections to more than one country, as the rules governing international children cases have changed since Brexit. Recent research by Mills & Reeve found that nearly half (47%) of UK adults have considered moving overseas long-term or permanently, while 21% are likely to do so within the next five years. 

However, just 6% would seek legal advice on child custody arrangements and only 4% would seek guidance on how divorce and separation laws differ between countries, compared with 51% seeking advice on visas and residency.

For families moving abroad, the legal implications can extend beyond visas and property. Under the 1996 Hague Convention, a court can lose jurisdiction during proceedings if a child’s habitual residence changes to another country. This differs from the pre-Brexit position, under which jurisdiction would generally remain with the court where proceedings had started.

In this case, the court found that the child had become habitually resident in Lithuania, having spent more than 80% of her time there with her mother. She was also well integrated into life in Lithuania through family, activities, medical care and the language. By comparison, her connections to England were more limited and centred mainly on contact with her father.

As a result, the child arrangements case could no longer continue in England and Wales. The court also found that she had not been wrongfully moved or retained in Lithuania.

Explaining more, Annie Wogel, senior associate, who assisted on the case, added: “This case highlights an important change in the way international children cases are dealt with following Brexit. Jurisdiction is not necessarily fixed when proceedings begin and parents need to be aware that a child’s circumstances can change during the course of a case.

“For families involved in cross-border disputes, it is important to keep jurisdiction under review throughout proceedings. A child’s living arrangements, relationships and connections to different countries can evolve, particularly where they are very young, and those changes may ultimately affect which court has jurisdiction.”

Read more articles by Mills & Reeve.

About Mills & Reeve

Mills & Reeve LLP is a leading UK law firm headquartered in London, with additional offices in Birmingham, Cambridge, Leeds, Manchester, Norwich, and Oxford. Its 1,450 plus people and over 850 lawyers share one vision: achieve more together. It’s a state of mind in every client relationship that starts with every choice it makes. And it’s what clients consistently say distinguishes it from your average law firm. 

Ranked as the UK’s 39th largest law firm by 2023/24 revenues, Mills & Reeve is recognised for both legal excellence and a strong workplace culture, regularly featuring in The Sunday Times Best Places to Work and holding a Platinum Investors in People accreditation. It’s driven by its values – ambition, openness, care and collaboration. It embraces new ideas, communicates honestly and is easy to work with. It’s a law firm that’s committed to you. 

To find out more, visit www.mills-reeve.com/

About Zoe Fleetwood

A highly experienced children lawyer, Zoe heads the firm’s children law team. Well-known for handling complex cases, Zoe’s experience includes child abduction, wardship, care proceedings, surrogacy, adoption and forced marriage, as well as disputes involving allegations of abuse. Zoe’s cases often have an international dimension.

Committed to children’s rights and ensuring the best outcome, Zoe has considerable experience of representing children directly.

About Annie Wogel

Annie advises clients on a broad range of family law matters, from divorce and associated financial issues, to children matters, cohabitation disputes between unmarried couples, and pre-nuptial agreements. She acts for high net worth individuals and is experienced in dealing with cases involving complex business structures and international assets.

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

Published on
Sarah Hawkins
Sarah Hawkins
CEO
National Family Mediation (NFM)

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

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

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

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

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

That simply isn’t what we see.

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

Those immediate pressures naturally dominate conversations when relationships break down.

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

Pensions are rarely the first thing people mention.

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

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

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

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

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

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

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

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

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

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

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

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

But perhaps there is another question worth asking.

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

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

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

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

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

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

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

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

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

Read more articles by Sarah Hawkins.

About Sarah Hawkins

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

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

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How to Prepare for Your First Meeting With a Divorce Lawyer in Oakville
Hands of businesswoman searching for report in archive

How to Prepare for Your First Meeting With a Divorce Lawyer in Oakville

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Soila Sindiyo
Dr Soila Sindiyo
Counselling Psychologist and Founding Editor of The Divorce Magazine

Paid article.

Walking into your first divorce lawyer meeting without any preparation can make an already hard experience feel chaotic. You’re carrying real emotional weight, and the last thing you need is to sit down with a legal professional and draw a blank on half the things they’re asking about. Preparing ahead of time changes everything: you get more out of the hour, you ask better questions, and you leave knowing what comes next. This article walks through how to get ready for that first meeting with a divorce lawyer in Oakville, from the paperwork you should bring to the questions worth asking. The information here is general and doesn’t constitute legal advice or form a lawyer-client relationship. Ontario law changes, and your circumstances are unique, so talk to a qualified family lawyer licensed in this province before making any legal decisions.

What Documents to Bring to Your First Appointment

One of the most practical things you can do before stepping into a lawyer’s office is pull together the right paperwork in advance. Most lawyers bill hourly, so time spent piecing together details from memory is money out of your pocket. It’s worth looking at how firms describe their own intake process: a divorce lawyer serving Oakville at Simple Divorce, for example, spells out what a first consultation typically covers, and much of it comes down to documents you’re expected to bring along. Focus on two main categories: financial documents and personal legal records. Both tell your lawyer a great deal about how your marriage was structured and what a fair resolution might look like. Don’t stress about having everything on the first visit. Even partial documentation helps your lawyer get oriented and identify what’s still missing. Start pulling together what you can, and note anything you’ll need to chase down.

Financial Records That Tell the Full Story

Your lawyer needs a clear picture of your household finances before they can give you useful advice about property division, support, or any other financial matter tied to your divorce. Pull together the following items before your appointment:

  • Recent pay stubs for both spouses, or your most recent Notice of Assessment from the Canada Revenue Agency if you’re self-employed
  • Two to three years of personal tax returns for both parties
  • Bank statements from all accounts, including joint and individual ones, for the past three to six months
  • Mortgage statements, property tax records, and any home appraisals you already have
  • Statements for registered accounts such as RRSPs, TFSAs, and pension information
  • Records of any major debts (credit cards, lines of credit, car loans)

You don’t need to memorize the numbers. Bring the documents and let your lawyer draw the relevant conclusions. If you’re not sure whether something is relevant, include it anyway. It’s far easier to set aside a document that turns out to be irrelevant than to schedule a second appointment because an important record was missing from the first one.

Personal and Legal Documents You’ll Need

Your lawyer will also need documents that establish the legal facts of your marriage and family situation, not just financial records. Your original marriage certificate is one of them; it’s among the documents required to file for divorce in Ontario under the Divorce Act. If you have children, bring anything related to their care arrangements, school records, and any written agreements you and your spouse have already made, even informal ones. Any existing separation agreement, cohabitation agreement, or prenuptial agreement should come along too, if one exists. If your spouse has already hired a lawyer and sent formal correspondence your way, bring that as well. It’s smart to write down key dates beforehand: your date of marriage, your date of separation, and the ages and birth dates of your children. These feel like things you’d never forget. But stress has a way of wiping your mind clean, and a simple written list keeps the conversation accurate.

Questions to Ask and What to Realistically Expect

Your first meeting isn’t only about what you bring; it’s also your opportunity to evaluate the lawyer and get a realistic sense of what’s ahead. A lot of people arrive ready to tell their story and then forget to ask the questions that would actually help them plan. Write a short list beforehand so nothing important gets left out. Your lawyer should be able to walk you through how Ontario family law applies to your situation, what a typical timeline looks like for your type of case, and what they’ll need from you going forward. Fees should come up too, so there are no surprises down the road. A good lawyer speaks plainly and won’t make you feel like you’re burning through a timer. If you leave more confused than when you arrived, that’s worth paying attention to.

Understanding the Divorce Process in Ontario

Ontario divorces are governed by both the federal Divorce Act and provincial family law legislation, including the Family Law Act and the Children’s Law Reform Act. The distinction matters because different rules apply to different issues. Property division follows provincial law, while child support guidelines come from a federal framework. Ask your lawyer to walk you through the stages of your specific situation. If your divorce is uncontested, meaning both spouses agree on the main issues, the process is generally simpler and faster than a contested one. But even an uncontested divorce requires court filing, and the paperwork still needs to be accurate and complete. Your lawyer should be able to tell you, based on what you share in the first meeting, whether your case is likely to stay straightforward or whether complications might arise. Ask directly. A clear answer at this stage saves you a lot of uncertainty later on.

Fees, Timelines, and What to Ask About Billing

Family law costs vary quite a bit depending on whether your divorce is contested or uncontested, how complicated your finances are, and how much time the lawyer spends on your file. Ask them to explain their billing structure clearly – flat fee, hourly rate, or retainer, and what each one actually covers. Find out what triggers additional charges beyond the retainer. Ask for a cost estimate based on what they know so far, with the understanding that it could shift as things develop. Timelines matter too. An uncontested divorce in Ontario can take several months from start to finish once the paperwork is properly filed; contested cases often run significantly longer. Get a realistic picture of what the process looks like for your specific situation. And if money is a concern, say so – some firms offer flexible arrangements, and you’re better off knowing your options early than finding out later.

Conclusion

Strong preparation for a first meeting with a divorce lawyer in Oakville really comes down to three things: organized documents, a written list of questions, and a clear sense of what you want to understand before you leave. You won’t have all the answers walking in. That’s fine; the lawyer’s job is to help you figure out what you don’t yet know. Pull together your financial and personal records, keep in mind that Ontario family law draws from both federal and provincial sources, and ask direct questions about costs and timelines. This is general information only and isn’t a substitute for legal advice built around your specific situation. Talk to a licensed Ontario family lawyer to get guidance that actually fits your circumstances.

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

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

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

 

 

 

 

 

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Read more articles by Mills & Reeves LLP.

About Alison Bull

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

About Donna Morgan

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

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

About Jane Ingleby

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

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

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Term-Time Holiday Fines: What Happens When Separated Parents Disagree
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Term-Time Holiday Fines: What Happens When Separated Parents Disagree

Published on
Teresa Davidson
Teresa Davidson
Partner & Head of Family
Winston Solicitors

Every August, the same story runs. The fines have gone up. It’s £80 per parent, per child, doubling to £160 if you don’t pay in time. Take three children to Spain in June, and the cost gets uncomfortable quickly.

However, what the coverage almost never addresses is the household where the decision was never a joint one. Because a notice is issued per parent, a single trip can produce a fine for a parent who did not book it, did not agree to it and did not go. That is not an anomaly or a misapplication of the rules; it is simply how the framework works.

The framework introduced in August 2024 was designed to bring consistency to how absence is treated across England. It is admirably clear about what triggers a notice and what it costs. It is silent on the question separated parents most often ask: my ex booked this, so why am I being fined for it?

What the Rules Say About Fines

The National Framework for Penalty Notices took effect on 19 August 2024. It sets a single national threshold: a notice must be considered where a child has 10 sessions of unauthorised absence, usually five school days, within a rolling 10 school week period. Those absences do not need to be consecutive.

A first notice is £80 per parent, per child, if paid within 21 days, rising to £160 if paid between days 22 and 28. A second notice for the same child within three years is a flat £160. After two notices in three years, the local authority considers prosecution instead, and a conviction means a criminal record. Head teachers can authorise absence only in exceptional circumstances, and cheaper flights are not one of them.

All of that tells you what a fine costs, but none of it tells you what happens when the two people with parental responsibility disagree.

Why the Law Counts You as a Parent Even if You Said No

Here is the point that catches people out, and the reason the framework produces results that feel so unjust to separated families.

For education law purposes, “parent” is defined far more widely than most people expect. It captures every biological or adoptive parent, everyone else holding parental responsibility, and, separately, any person who has care of the child. It says nothing about who booked the holiday, who paid for it, or who travelled. The legislation asks who the child’s parents are, not who made the decision, and that distinction is the whole difficulty for separated families.

The practical effect is that a parent who did not consent, did not book and stayed at home all week still falls within the definition, and can be issued with a notice on that basis. Depending on the circumstances, a new partner with day-to-day care of the child may fall within it too, even without parental responsibility.

To illustrate how quickly that can add up, imagine a separated couple with two children. One parent takes both away for a week in term time without the other’s agreement. In principle, that is four notices, one to each parent for each child. Paid promptly, that would come to £320. Left beyond 21 days, it would be £640.

Can Both Parents be Fined for One Trip?

In principle, yes, but in practice, it depends significantly on where you live. Local authorities decide whether to issue, and approaches vary. Some will consider written representations from a parent who neither knew about nor consented to the absence. Others issue to both as a matter of routine. It is worth contacting the attendance team promptly, and in writing, to find out which applies to you.

Understanding what a penalty notice is helps here. It is an out-of-court settlement offered as an alternative to prosecution, not to a conviction, and there is no formal right of appeal. The realistic choices are to pay, or to decline and put your case forward if prosecution follows. Keep in mind that the second route carries real risk and should not be taken without advice, because the available defences are narrow.

If you are making representations, what is likely to carry weight is evidence that you objected: a dated message to the other parent, an email to the school before the absence asking that your objection be recorded, confirmation of the child arrangements in place.

Object in writing to the other parent and to the school, and do it before the trip rather than after the notice arrives.

How the Court Can Stop a Trip Before it Happens

Taking a child out of school for a holiday is an exercise of parental responsibility. Where parents who share it cannot agree, the family court can decide for them.

A Prohibited Steps Order under section 8 of the Children Act 1989 prevents a particular step being taken without the court’s permission. In this context, that step would be removing the child from school during term time, or taking them out of the country for the trip. In deciding whether to make the order, the court applies the welfare checklist, weighing the disruption to the child’s education against the value of the holiday itself, and considering whether the objection is genuinely child-focused.

Section 8 also helps the parent on the other side of the argument. A Specific Issue Order asks the court to decide a particular question about a child’s upbringing, and the travelling parent can apply for one to seek approval for the trip when the other parent refuses.

Timing matters enormously. These applications can be made urgently, and in a genuine emergency without notice, but the court prefers advance notice and evidence that agreement was attempted first. In most cases you will also be expected to have attended a Mediation Information and Assessment Meeting. A parent who takes advice in April about a June trip has options, but a parent who calls two days before departure has very few.

If the trip involves taking the child overseas, the issue may be far more serious than an unauthorised absence. Taking a child out of the UK without the consent of everyone with parental responsibility, or without the court’s permission, can amount to child abduction.

There is one exception, which is if a child arrangements order names you as the person the child lives with. Then, you can take them abroad for up to a month without the other parent’s consent. However, that exception only covers taking the child out of the country. It says nothing about school. A parent relying on it is still keeping the child out of lessons without authorisation, and can still be fined for it.

If you Already Have a Child Arrangements Order

Most child arrangements orders deal with where a child lives and/or when they spend time with each parent. Few say anything useful about term time travel or who applies to the school for leave of absence.

That gap is worth closing. Provisions that repay the effort include a minimum notice period for proposed holidays, an express agreement that neither parent will book term time travel without the other’s written consent, and agreement on how any penalty will be shared.

What to do Next

If you want to travel in term time, then ask the head teacher in advance and expect refusal. Secure the other parent’s written agreement before you book. Agree in writing who bears any penalty. Remember that going ahead without agreement may fine the other parent too, which rarely improves the co-parenting relationship.

If you object, then say so in writing, immediately, and keep the record. Tell the school before the absence. Take advice early rather than in the final week, when the options have already narrowed. If a notice arrives, do not simply ignore it.

The disagreement addressed in April is usually resolved with a conversation or a letter. The same disagreement left until the week of departure is resolved with an urgent court application, at far greater cost, and with the child considerably more aware of it. That last point is the one worth holding on to.

This article is general information about the law in England as at the date of publication and is not legal advice. Penalty amounts, thresholds and local authority practice are subject to change.

About Teresa Davidson

Teresa Davidson is a Partner and Head of Family at Winston Solicitors, advising on all aspects of private children law, including child arrangements, disputes over parental responsibility and urgent applications to the family court.

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Why Proposed Reforms are Vital to Financially Protect Cohabiting Couples
Happy young couple moving to new house together.
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Why Proposed Reforms are Vital to Financially Protect Cohabiting Couples

Published on
Katie Jennings
Katie Jennings
Solicitor
Jones Myers

Jones Myers niche family law firm  has been at the forefront of ongoing campaigns to overhaul outdated cohabitation laws which currently do not give couples living together legal protection or rights if they split up.    

This is a far cry from the situation with married couples, who, on separation, are safeguarded in crucial areas such as savings, income, pensions, property, business interests, and their children’s future.

We therefore embrace proposals at the heart of a Government consultation which seeks to protect cohabitants who are parting ways in areas including financial remedies – and in situations when one of them dies without leaving a will.

As a specialist family law firm we are frequently instructed by clients – who have been cohabiting and are unmarried or in a civil partnership – and who are unaware that they have no automatic rights to their partner’s property or savings when their relationship breaks down.   

The current situation can cause even more uncertainly when there are children from the relationship. 

As we await the outcome of the proposed changes, we suggest that cohabitees in this situation  obtain advice about their protections under the law – ideally before they move in together – or at any stage of their cohabiting relationship. 

More couples are entering into Cohabitation Agreements which set out how financial matters within the relationship will be managed . The contracts are especially useful documents in circumstances where people already own assets in their sole names or have made purchases with contributions from parents or from inheritance. They provide an essential roadmap for them to follow should they split up.  

It is important that each party seeks independent legal advice and discloses all financial information in the lead up to signing the agreement, which should be reviewed regularly.

Entered into correctly, a cohabitation agreement is legally binding and can be used as the framework for a Prenuptial Agreement should marriage be on the cards. 

Jones Myers is committed to helping our clients navigate these issues, whether through our team of specialist family lawyers or through our experienced mediation practitioners. 

More on the Government consultation, which closes on August 14, can be found here.  

For queries on cohabitation agreements or any areas of divorce and family law, call 0113 246 0055 (Leeds) 01423 276104 (Harrogate), 202550 (York). Visit www.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet @helpwithdivorce

Jones Myers blog is ranked 5th in the 20 Best UK Family Law Blogs to Follow in 2026.

Read more articles by Jones Myers.

About Katie Jennings

Katie is a member of Jones Myers’ award-winning Divorce and Financial Remedies Department. A family law specialist skilled in litigation, Katie is also a family mediator currently working towards accreditation with the Family Mediation Council. 

Committed to reaching solutions which avoid going to court, Katie was drawn to Jones Myers’ standing as  a leading niche family law firm with a focus on resolving relationship breakdown through non-confrontational routes. Katie is based at the York city centre offices of Jones Myers at The Quadrant, Bootham Row.   

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Financial Independence After Separation: Three Steps to a Better Future
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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:

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Divorce is Rarely About Just One Thing
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Divorce is Rarely About Just One Thing

Published on
Anthony Davis
Anthony Davis
Founder and Director
By Personal Touch

One of the most common misconceptions about divorce is that it is a single event. People often think of it as completing a form, obtaining a Final Order, and then moving on with life. In reality, those of us who work with separating couples every day know that divorce is rarely that simple. More often than not, the legal ending of a marriage is just one part of a much wider journey that affects finances, housing, children, future planning, and sometimes a person’s confidence in making decisions about the next chapter of their life. 

At By Personal Touch, we speak to hundreds of people every year who are at very different stages of that journey. Some contact us within days of a separation, feeling overwhelmed and unsure where to begin. Others have already spent months trying to resolve matters themselves and simply need help formalising an agreement. Some are facing court proceedings and need practical support to navigate a process they never imagined they would have to understand. What unites almost all of them is the feeling that they have been dropped into unfamiliar territory and are trying to make important life decisions without a map. 

It is often only when we begin talking through their circumstances that they realise divorce is not simply about obtaining a divorce. There are usually several important decisions that sit behind the legal process itself. Questions arise about the family home, pensions, savings, debts, arrangements for children, future inheritance planning, and the practical realities of building a new life after separation. Whilst every family’s circumstances are different, the same themes appear time and time again. 

Many couples who come to us have already managed to reach some form of agreement. They have had difficult conversations around the kitchen table, exchanged countless messages, and eventually found a way forward that feels fair to both of them. There is often a sense of relief when that point is reached. The conflict has reduced, communication has improved, and both individuals feel ready to move on. Yet one of the most important lessons we have learned over the years is that reaching an agreement is not necessarily the end of the process. In many ways, it is the beginning of ensuring that agreement is properly protected. 

A significant part of our work involves helping couples formalise financial settlements through Financial Consent Orders. Whilst this may sound like a technical legal process, the reality is that it is often about providing certainty. People who have worked hard to negotiate a settlement want reassurance that the agreement they have reached will stand the test of time. They want confidence that future financial claims have been properly addressed and that both parties can move forward without the fear of unexpected disputes years down the line. The value of that certainty should never be underestimated. Divorce is emotionally exhausting enough without leaving important financial matters unresolved. 

What often surprises people is that many of the most successful outcomes do not originate in a courtroom. They begin with a conversation. Mediation has become an increasingly important part of helping families navigate separation because it provides a structured environment in which people can discuss difficult issues constructively. There is a common misconception that mediation is only suitable for couples who get along well. In practice, we often see the opposite. Some individuals arrive frustrated, hurt, and convinced that agreement is impossible. Yet when provided with the right environment and support, many are able to have conversations that simply were not possible around the kitchen table. 

The reason mediation can be so effective is that it encourages people to focus on solutions rather than positions. Instead of concentrating on who is right and who is wrong, the discussion shifts towards what arrangements are needed for the future. This can be particularly valuable where children are involved. Whilst the marriage may have come to an end, the responsibilities of parenting continue long after the legal process is complete. Creating a framework for constructive communication can often prove more valuable than any court order. 

Of course, not every case can be resolved through agreement alone. There are situations where communication has broken down completely, where important financial information has not been disclosed, or where significant disputes exist regarding children or finances. When matters progress to court, many people find themselves entering a world that feels intimidating and confusing. The family justice system has its own procedures, language, expectations, and deadlines. For someone who has never previously been involved in legal proceedings, the experience can feel overwhelming. 

This is where practical litigation support becomes so important. One of the most rewarding aspects of our work is helping people understand the process they are facing. Fear often stems from uncertainty. When individuals understand what documents are required, what a hearing is likely to involve, and what steps come next, they are usually able to approach proceedings with far greater confidence. Whilst nobody chooses to find themselves involved in litigation, having guidance and support can make the experience significantly less daunting. 

Yet even once financial settlements have been agreed, mediation concluded, and court proceedings finalised, another stage of the journey often remains. Separation frequently creates significant changes in a person’s financial and personal circumstances. A family home may need to be sold or transferred. A new property may be purchased. Existing Wills may no longer reflect an individual’s wishes. Beneficiaries may need to be reconsidered, and future plans properly documented. 

It is remarkable how often people devote months to resolving their divorce but overlook the practical steps needed to protect their future afterwards. Updating a Will, reviewing ownership arrangements, and ensuring that property matters are dealt with correctly are all part of creating long-term security. These decisions may not carry the same emotional weight as the separation itself, but they are often just as important in helping people move forward with confidence. 

Over the years, what has become increasingly clear is that successful separations are rarely defined by a single document or a single court order. They are defined by whether people feel able to move forward with clarity and certainty about the future. The legal process is important, but it is only one element of a much bigger picture. Financial security, effective communication, practical support, and future planning all play a role in helping families transition from one chapter of life to the next. 

Every person who contacts By Personal Touch has their own story. Their circumstances, concerns, and priorities are unique. However, beneath those individual stories lies a common objective. They want reassurance that they are making the right decisions. They want to understand their options. Most importantly, they want to know that there is a pathway through what can often feel like one of the most challenging periods of their lives. 

Divorce marks the end of a relationship, but it should also provide the opportunity for a new beginning. When the right support is available, people are able to make informed decisions, protect what matters most to them, and build a solid foundation for the future. That is why we believe divorce is never simply about obtaining a divorce. It is about helping people navigate every stage of the journey, from reaching agreement and formalising settlements, through to resolving disputes, planning for the future, and ultimately moving forward with confidence. 

About Anthony Davis

Anthony Davis is the Founder and Director of By Personal Touch, a leading UK-based divorce support service helping separating couples navigate financial settlements, mediation, litigation support, and future planning. With a background in family law and dispute resolution, Anthony has assisted hundreds of individuals through some of life’s most challenging transitions, focusing on practical, affordable, and accessible solutions. He is passionate about helping people understand their options, avoid costly mistakes, and move forward with confidence following separation. 

For more information, visit www.bypersonaltouch.com.

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When Court is the Only Solution in Divorce
A guide to when court may be the only solution in divorce, including the process, risks, and key considerations.
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When Court is the Only Solution in Divorce

Published on
Nicki Mitchell
Nicki Mitchell
Partner
Jones Myers

As a niche family law firm which champions a non-confrontational approach to divorce, Jones Myers always strives to offer our clients alternative options to a court divorce such as mediation or collaborative family practice. 

Clients undergoing divorce are at a crossroads of their lives and do not take such an enormous decision lightly. It presents numerous emotional, financial and practical challenges, even where both agree the relationship is over.  

While our experienced family law experts do everything we can to help them to choose the right path for their circumstances, sometimes going to court is the only viable option. I explain in more detail below.     

In what circumstances do couples choose a court divorce? 

This largely depends on the advice they receive. Whilst most lawyers will explain all the Non Court Dispute Resolution (NCDR) options to clients, some, who may perhaps have less or no experience in this area, are more inclined to recommend court applications.  

The court process has its place. A Judge can compel the production of financial information, ultimately, though rarely, by sending someone guilty of non-disclosure to prison. The court can also order third parties, such as accountants and other advisers who hold information relevant to the case, to provide information. 

In extreme cases – in particular where there is a lack of engagement in the process – a court can make orders without engaging with one of the couple. 

What is involved in a court process?

Before an application can be made to the court for a Financial Order – which sets out how the financial assets of separating couples will be divided – an application must have been made for a divorce or dissolution of a Civil Partnership. The various steps required can be found here.

Before applying for a Financial Order or a Child Arrangements Order – a court order court  setting out the living arrangements of a child or children involved in the divorce – the person proposing to make the application must either attend a Mediation Information and Assessment Meeting (MIAM) or be eligible for one of a small number of exemptions.

The MIAM assesses whether mediation is an option for the separating couple. A financial application starts with the exchange of full financial disclosure which is then followed by a series of up to three main court hearings.   

What are the advantages of a court process? 

Court applications are often started because one of the couple refuses to engage. Only a Judge can compel someone to produce documents or make orders in the absence of co-operation.

The court’s role is to encourage couples to make agreed decisions about their finances and children. However, some couples, for a variety of reasons, are simply unable to reach agreement and need someone to make that decision for them.  In default of agreement, the court can impose binding decisions on them. 

…and the disadvantages?

In court proceedings couples run the risk that they will lose control of decisions which will affect them for years to come. They may well not agree with what the court imposes but in reality will find it difficult to do anything about it – appeals are rare and costly. 

There is no guaranteed privacy in a court divorce – journalists can obtain permission to report in family law courts on cases involving finances and/or children’s wellbeing and future.   

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

Court hearings can be costly, stressful and time consuming. They heighten conflict between the couple which inevitably has a negative impact on their children and wider family.  

The duration of a court divorce can vary significantly from a few months to years if the issues are  contested. The court system is under strain and there is always the risk that a hearing may be cancelled or put off if there is insufficient court time or no available Judge. 

Court orders, whether made by agreement or imposed by a Judge, are legally binding and enforceable.  Negotiated agreements are easily converted into court orders without the need for any hearings. 

What are the first steps for those in this situation to take?   

Knowing where to start on this path can seem overwhelming. Whichever route you take, it is vital to secure the best possible legal advice from highly experienced family law professionals like Jones Myers who are members of family law group Resolution and have a strong track record in their respective fields.  

In circumstances when going to court is a client’s only viable option, Jones Myers is highly experienced in litigating in all court arenas from the Magistrate’s Court through to The Supreme Court.

Our legal experts are dedicated to safeguarding our clients’ best interests throughout the process, taking into careful consideration their immediate and long-term needs – and helping them to face the future with confidence.

For queries on divorce and family law, call 0113 246 0055 (Leeds) 01423 276104 (Harrogate), 202550 (York). Visit www.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet @helpwithdivorce.

Read more articles by Jones Myers.

Read more articles by Nicki Mitchell.

About Nicki Mitchell

With extensive experience in family law, Nicki specialises in the financial aspects of relationship breakdown – and particularly complex cases involving family businesses, multiple properties, and complicated pension arrangements. 

A skilled Mediator and Collaborative Family Lawyer, Nicki champions Alternative Dispute Resolution processes which avoid a lengthy court process and can lead much more quickly and cost effectively to a successful resolution.

Her exceptional track record also includes advising clients on the more traditional methods of resolving issues surrounding family breakdowns. Nicki.mitchell@jonesmyers.co.uk  01904 202553, www.jonesmyers.co.uk 

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Do You Have to Use AI in Your UK Divorce?

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Tucker Lieberman
Tucker Lieberman
Writer / Researcher
Custody X Change

UK solicitors, including those in family law firms, are using diverse AI tools in 2026. If you hire a solicitor, they’ll likely make some use of AI in your case. Exactly what use may be appropriate will vary depending on your situation. If you’re representing yourself, then it’s up to you what technology you use to organise your information and present your case to the court.

If you have legal representation

Family law involves the physical and emotional safety and overall well-being of adults and children. The tools that today we call “AI” can’t replace human sensitivity and expertise in this area. Legal experts do, however, use AI to enhance their research process and their judgments.

Many law firms use specialised AI systems that train on legal documents. These systems are called Retrieval Augmented Generation (RAG) because they retrieve specialised data to generate text. These systems are more accurate and effective than generic chatbots that train on whatever text they can scrape or are fed. RAG minimises what are called “hallucinations,” that is, words that do not correspond to reality.

Some AI tools are designed to give risk assessments — for example, about possible threats to a child’s well-being. These tools can be biased, insofar as there can be bias in data they reference or in how they are coded. Other tools are designed to help adults negotiate a financial compromise by predicting what they’ll settle for. This can speed up mediation or arbitration in family law.

A September 2024 survey conducted for Clio, a legal technology company, found that nearly all UK law firms were using AI in some way. Drafting documents was one of the most common uses. Most solicitors who were surveyed said they felt their use of AI did not make them more productive, improve their work quality, reduce their stress, or even save them time. They may have meant that they used it often and it wasn’t helpful, or that it was helpful but they didn’t yet use it often. Most reported that their firms intended to increase their use of AI.

One reason law firms use AI is that they know other firms are using it. The availability of AI resets expectations for what kind of legal representation is adequate. A solicitor is professionally obligated to represent their client competently; therefore, they may use AI especially if they believe it could help their client win or lower their client’s legal bills.

There is even an AI-only law firm, Garfield AI, the first of its kind in the UK. However, it doesn’t practice family law. It generates letters to recover small debts. If you seek help from a family law firm, there will be a human involved in the process.

 

If you’re handling your court case on your own

Simply because “you don’t know what you don’t know,” try to at least consult with a legal expert if at all possible. They can let you know if they anticipate you might need to pay attention to a certain topic or if you might encounter something complex. If you can’t afford the help you need, see if you qualify for legal aid. Be aware that a designated assistant called a McKenzie friend can come to court with you.

Divorces and cases for child arrangements are stressful. Reading and writing can be part of that stress, and sometimes people look for ways to smooth the path. A basic AI program can help you summarise a stack of documents, draft a letter, change your text to make it sound formal for court or simple enough for a child to understand, or translate between English and another language.

Even so, don’t rely on AI to do all your research and communication for you. Remember that AI can overlook important information, suggest wording that’s false or otherwise inadvisable for you to say, and miss the nuance of what others have said. There are many reasons not to make a parenting plan with AI — for example, you’d be better off using a template that has a history of being accepted in court. And you’ll want to make your own schedule carefully so you know exactly what parental responsibilities you’re promising, down to the hour.

Don’t ask a mainstream AI platform like ChatGPT for legal advice. Though it may be able to generally describe the law where you live, it could leave you with inaccurate impressions, as it has likely trained on information about the United States and other countries. Secondly, no AI program begins with any unique facts about your case, like the real reason you broke up with your ex or what homework help your child needs. Before it could even begin to summarise your situation, you’d have to provide a lot of private information, which you might not feel comfortable providing to an AI company. And even with that information, a basic AI text generator might not be able to help you protect yourself or strategise.

 

Choose how to organise and present your own information

You and your children deserve to put your best foot forward and make your strongest possible case in court. A solicitor, if you hire one, will have ideas about how to do this, and they’ll likely use AI in some way. If you’re representing yourself, you can make your own choices about how you’ll comply with court requirements.

Everyone who goes to court can use technology to stay organised. You’ll likely want to record your living expenses, save your text messages with your ex, and format a professional-looking document. There’s software for this, like Custody X Change and other co-parenting apps, that doesn’t involve “AI.”

Read more articles by Tucker Lieberman.

Read more articles by Custody X Change.

About Tucker Lieberman

Tucker Lieberman is a Writer / Researcher for Custody X Change. After a decade with an investment company focusing on saving for university, he now writes about co-parenting arrangements.

About Custody X Change: This powerful tool helps divorced and single parents create parenting plans, track their custody schedules, manage expenses and more. Since 2005, we’ve helped over 60,000 parents ensure the best possible future for their children.

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