Divorce Law

Why a Landmark Ruling Strengthens the Case for Pre-Nups

Published on July 18, 2025July 16, 2025

Sponsored post by Jones Myers.

A Supreme Court ruling on whether substantial assets transferred between spouses during marriage should be divided equally on divorce – has reignited the importance of pre-nups.

The ‘big money case’ saw divorcee Anna Standish lose her legal case to keep almost £80 million which her affluent banker husband had given her in 2017 to put in offshore trusts for their children and to avoid inheritance tax.

When their marriage fell apart in 2020, the money was still in her name, sparking a bitter, prolonged case which played out in the highest courts in the land.

The outcome is a reminder of the importance of pre-nups for all couples tying the knot, especially for high-net-worth individuals and families involved in estate and inheritance planning.

Irrespective of a couple’s financial status, a pre-nup helps couples to avoid the potential distress, acrimony, and expense of disentangling their finances if they split up.

How to obtain a Pre-nup

To enter into an agreement properly, the couple each need to obtain independent legal advice on the agreement
Both must also have disclosed their assets to each other – and the terms of the agreement must produce a result that is fair and reasonable and meets needs
The agreement should be negotiated and signed at least 28 days before the wedding. This allows both to obtain advice, have time to consider it, and make an informed decision on signing it

Do courts uphold Pre-nups?

Increasingly courts are upholding pre-nups on divorce if they are satisfied that the agreement was entered into freely, without undue pressure and with the benefit of full financial information and independent legal advice.

As the law stands, a court still needs to approve the settlement at the point of divorce, ensuring the agreement meets the needs of both parties. If it does not, a different order can be made but this is likely still to take the terms of the Pre-nup into account to some extent.

Are Pre-nups suitable for second marriages?

Yes. The contracts can work particularly well for couples marrying for the second time where a husband or wife seeks to retain their own wealth if they separate. They can also protect the interests of children from previous relationships.

Taking the time to draw up a pre-nup before marriage can avoid financial and emotional heartache in a marriage breakdown. Jones Myers family law specialists are highly experienced in advising on pre-nups and post-nups.

For queries on any aspect of family law, call Jones Myers at Leeds 0113 246 0055, Harrogate 01423 276104, or York 01904 202550. Visit www.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet @helpwithdivorce

Jones Myers blog is ranked 5th in the UK’s Best 25 family law blogs and websites to follow in 2025.

About Nicki Mitchell

With over three decades of 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, Child Inclusive 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

Divorce Law UK/Divorce News

How Does the Supreme Court’s Judgement in Standish Affect You?

Published on July 14, 2025July 11, 2025

James Pirrie
Director at
Family Law in Partnership

The short answer is that Standish affects things a bit – but it probably just confirms what a family solicitor would advise you to do anyway.

The longer answer is that highest court of the land has carried out one of its periodic reviews of how to deal with assets at the end of a marriage. Mr and Mrs Standish had considerable assets, much of it built up by Mr Standish before the marriage. They also had a plan to minimise inheritance tax for their children by putting a big slab of Mr Standish’s money in Mrs Standish’s name. When they split, questions were asked:

Did she keep it?
Was it shared?
Did Mr Standish get it back?

The answer was C.

Mr Standish got the money back because it was considered to be his separate property and the intention was never that Mrs Standish should benefit from it. There was also enough marital property to meet Mrs Standish’s ongoing needs, such as accommodation and lifestyle.

Would this be the same if there were more modest assets to share?

If you don’t have such substantial assets, it is less likely to be as simple as dividing marital property (sometimes referred to as the marital pot). You may need to dip into each spouse’s separate property to meet needs. Probably the right way now is:

First, to think carefully about whether an asset is one person’s “separate property”
Secondly consider whether the assets have become shared – and this is all about intention – and now form part of the marital property
Thirdly, you carry out a “needs” assessment, then adjust any division to ensure that children are provided for and that each spouse has a fair start on the road to independent living.

This approach makes clear that there is no simple “split it all 50:50”.

Looking at those 3 elements in turn:

1) Separate property

This is going to include:

What one person owned before the marriage; or
What they were given during the marriage, such as an inheritance

This is different from marital property, which is everything built up by or during the relationship.

It is usually possible to clearly identify property/ assets as one or the other – separate or marital. Although there are still uncertainties, for example where there have been personal injury awards or lottery wins.

2) Intention to share formerly separate assets

The second stage is all about intention. You don’t just look at whose name an asset is held in, you focus on the intention. If you went to Court, a Judge would consider “Do the dealings between you show that you intended to convert what was separate into something that was for you both?” If so, the separate assets are matrimonialised, which means they become joint assets and form part of the marital property. As such they are usually (but not inevitably) going to be shared equally.

This might happen over time because:

What was separate property is not really so significant after the passage of time, because other assets have built up and the fact that this asset was separately brought in is not such a big deal
These monies have been put into joint funds or otherwise scrambled together and over time that shows that they are intended to be relied on by both of you
The money has been put into the family home and lived in over a period of time – and what asset is more central to the marriage partnership than that?

There may be other reasons and some situations will be harder to call. For example, what about a pension or even an ISA – these are not assets that you can put in joint names and there may be disagreement over what was said and what was intended during the relationship.

3) What is the needs assessment?

Needs is a bit like a picnic: you don’t focus so much on who brought what to the picnic, everyone needs to eat and if there is not enough to go around then you work a way to share what there is to make the best of the situation, usually prioritising younger children.

So here the marital property will be shared first, but if necessary the separate assets will also be shared. This can include future income.

What does this mean for the legal process?

Standish is simply telling us to be disciplined and take the steps in sequence to make sure that the right answer is reached. We need to:

think about whether an asset is really one person’s separate property or marital property; then
consider whether dividing just the marital property will ensure that children are provided for and that each spouse has a fair start towards independent life

And if not:

dip into the separate assets to meet those needs.

Ultimately the decision in Standish is intended to enable a fairer division of assets on divorce, but some things remain less clear.

For example, imagine Jo who marries Les who has inherited a substantial 3 bed property. Otherwise, their resources are modest, they each earn well and at similar levels. Two years into the relationship, their marriage fails and they decide to divorce. Has the property that Les inherited become part of the marital pot? What share of it does Jo get?

If the main home is pretty much always marital property and if marital property is often divided equally, should Jo get half of the home after only 100 weeks of relationship that led to marriage and ended in divorce? We won’t know for sure until the guidance from the Supreme Court is put into practice in the day-to-day cases.

What does this mean for you?

I would suggest that when you are trying to find your solutions, it will almost always be worthwhile getting an “entitlements analysis” carried out by a legal professional. This will give you a clear indication of what you may each be entitled to and indeed, need, to move forward with your lives. Some of these tests don’t come naturally and unusual situations will generate unusual answers. You are not usually stuck with the analysis, but it will help to know it before you start trying to agree how you are going to go forward: no-one wants to regret their choices years down the road.

About James Pirrie

James Pirrie is a Director of Family Law in Partnership, a highly regarded law firm based in London, which specialises in de-escalating conflict in family law. He is an Arbitrator, Family Solicitor and Mediator accredited in child-inclusive mediation.

James is driven to improve long term outcomes for families who are experiencing separation or divorce. He is credited with introducing collaborative law to the UK and with changing how children’s needs are addressed during family breakdown through the Parenting after Parting initiative.

Children of Divorce/Divorce Law UK/Family Mediation/Financial and Legal Advice

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

Published on June 27, 2025

Joe Ferguson
Family Law Solicitor
Myerson Solicitors

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

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

Ending the relationship: divorce and civil partnership dissolution

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

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

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

Financial matters: reaching a fair outcome

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

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

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

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

Children: supporting parenthood in all its forms

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

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

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

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

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

Planning ahead for a smoother separation

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

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

About Joe Ferguson

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

Children of Divorce/Divorce Law UK

Right to Flight: Warning Issued Over Parental Holiday Permission

Published on June 20, 2025June 16, 2025

Natasha Aspinall
Family & Matrimonial Solicitor
Brindley Twist Tafft & James LLP

A growing number of parents with children from previous relationships incorrectly assume they have an automatic right to take the whole family on holiday, warns leading law firm Brindley Twist Tafft & James.

A couple planning to take a stepchild on a break may not realise they need the other biological parent’s consent if both parents share Parental Responsibility, a legal term surrounding the rights, duties, powers, responsibilities, and authorities a parent has in relation to a child under the law.

All mothers will automatically have Parental Responsibility together with fathers who are registered on the birth certificate. They will not lose it if they are divorced or the civil partnership is dissolved.

The issue is growing in importance with the increase in the number of ‘blended’ families, where each partner has children from a previous relationship. Roughly 1.1 million children in England and Wales live in blended families, according to UK Government figures.

Family & Matrimonial Solicitor, Natasha Aspinall at leading law firm Brindley Twist Tafft & James, says there is a common misconception that those who hold Parental Responsibility in relation to their child or children automatically have a right to take their child abroad.

“This is incorrect,” she said. “The term Parental Responsibility attempts to focus on the parents’ duties toward their child rather than the parents’ rights over the child.

“The general day-to-day decisions should be made by the parent with whom the children reside without interference from the other parent, subject to any additional provisions. Important decisions regarding a child, such as taking a child abroad for an extended stay for example, need to be made by everyone with Parental Responsibility for the child.

“If a blended family wants to go on a break, it’s generally necessary to obtain the other parent’s agreement. If the biological parent doesn’t agree, you might need to apply to the court for permission. No one wants to discover this when the bags are waiting by the doorway and the airport taxi is booked.

“What time each parent is to spend with a child is to be agreed between the parties and if an agreement cannot be reached then either party will need to make an application to the court for a Child Arrangements Order (CAO).”

A CAO is a legally binding court order in the UK that specifies where a child will live, who they will spend time with, and the nature of that contact. The court will expect the parties to have engaged in mediation before the application is made.

“CAOs let each parent, as well as their new partners, know where they stand and prevent misunderstandings and disagreement, leading to more stability for the child,” Natasha adds. “It also helps ease any uncertainty for the parent that does not live with the child by alleviating any anxiety they may have about feeling like the ‘lesser’ parent.”

About Natasha Aspinall

Natasha qualified as a Solicitor in 2003. She joined Brindley Twist Tafft & James LLP in our Family & Matrimonial department in November 2022, based out of our Balsall Common office. Natasha joins us from a local Solicitors firm where she worked as Head of the Family Law department for the last 5 years.

Divorce Law UK/Financial and Legal Advice

Thinking About A Prenup? Divorce Solicitor Answers Your Most-Googled Questions

Published on June 18, 2025June 16, 2025

Sophia Yau-Rosher
Director
Beecham Peacock LLP

The celebrity world is abuzz with yet another high-profile divorce case. Billionaire and former record executive, David Geffen, has filed for divorce from his 32-year-old dancer husband, David Armstrong. The marriage only lasted two years, and despite the 82-year-old being worth a reported $8.7 billion, the couple did not sign a prenup.

Although the majority of us won’t have anywhere near as much wealth to protect, it’s important to protect your future, ensuring that your assets remain protected in the event of a divorce. The first three months of 2024 alone saw 27,908 divorce applications, with 21,662 final orders also granted.

With more and more engaged couples entering into marriage with a realistic viewpoint, prenups are becoming more commonplace than ever. The popularity of prenups has risen by 60% in recent years, with postnup agreements seeing an increase of nearly 185%.

If you – like 31% of couples who now have a prenup – are anxious around the concept of tying your assets to your relationship, you will likely have some questions. Expert divorce solicitor Sophia Yau-Rosher – from Newcastle-based divorce solicitors Beecham Peacock – answers the top ten most-Googled prenup questions per month, helping you stay informed ahead of your marriage.

1. What is a prenup?

“Put simply, a prenup is a legal document that two parties agree to before they marry, or enter a civil partnership,” Yau-Rosher explains.

“The document sets out the financial responsibilities of both parties and allows for the protection of certain assets, including property, investments, inheritance and more in the event of a divorce. It also outlines which party is responsible for specific debts and other financial issues, should the marriage or civil partnership come to an end.

“A prenup can provide protection and offer clarity for both parties in the event of a difficult or contentious divorce.”

2. Can you change a prenup?

“Ahead of your marriage, you can make as many changes to your prenup as you like,” Yau-Rosher assures. “As long as both parties have sought independent legal advice and feel comfortable with the changes, there is no reason why amendments cannot be made to the document before it is signed.

“However, after you are legally married, you cannot change or modify your prenuptial agreement. If your financial or emotional circumstances change during the course of your marriage and the prenup is no longer relevant, you can consider a postnuptial agreement – or postnup – which carries the same kind of legal weighting.”

3. Are prenups legal in the UK?

“Your prenup is not legally binding in either England or Wales. A court will not automatically enforce the terms of your prenup in the event of a divorce. However, a prenup that both parties have freely entered into will likely add weight to any court arrangements.

“If both parties concerned have disclosed their full financial situations and received independent legal advice pertaining to the prenup, the court will usually give considerable legal weight to the agreement during any financial disputes.”

4. What does a prenup do?

“Essentially, a prenup safeguards any assets that you or your partner bring to the marriage, protecting your interests in the event of a divorce. It also deals with the financial impact of any inheritance, dependents – such as current or future children – and any shifts in earning potential.

“Your prenuptial agreement provides you and any children from previous relationships with financial reassurance in the case of divorce,” Yau-Rosher explains. “It is not a sign that either party is unsure about the marriage, but rather a sensible step in future financial planning.”

5. Can you write your own prenup in the UK?

“As prenuptial agreements are not legally binding documents, you can pen your own in the UK. However, in order for the court to take your prenup seriously in the event of a divorce, it needs to be prepared in a specific way.

“I always advise my clients to seek professional legal assistance in drafting their prenup, as DIY agreements often don’t stand up in court,” Yau-Rosher counsels. “This way, you can ensure that the document is put together in a way that will protect and benefit both parties, if it is required in the future.”

6. What cannot be included in a prenup UK?

“There are a number of strict rules regarding what can and cannot be included in a prenuptial agreement in the UK. If these rules are not obeyed, it could lead to your prenup losing all legal weight in court.

“Your prenup should not include any personal or lifestyle issues, references to child support, visitation rights or child custody, or discussion of matters that could be deemed ‘unfair’ for one or both parties. A family law solicitor can help you draft a prenup that adheres to these rules.”

7. How much does a prenup cost?

“The cost of a prenup varies, but the majority of professional solicitors in the UK will charge £2,000–£5,000. The more complex your financial situation and the larger your wealth, the more your prenuptial agreement is likely to cost.” Yau-Rosher explains.

8. How do I get a prenup?

“The first step in securing a prenup is always to seek professional legal advice from a family law specialist. Both parties should seek their own independent legal counsel. You will then be required to provide your chosen solicitor with a full run-down of your current financial situation, along with any information about debts, income and inherited wealth. The solicitor can then draft the document.

“Once both parties are satisfied, the prenuptial agreement can be signed in the presence of the solicitors and independent witnesses. Ideally, the prenup should be signed at least 28 days prior to the signing of your marriage or civil partnership certificate.”

9. Can you cancel a prenup?

“Cancelling a prenup is a complex process, but can be achieved under specific circumstances. For example, if the prenup is deemed unconscionable at the time of signing, due to a lack of legal advice or due to one party being under pressure or duress to sign.

“If you can prove that your partner has committed fraud or deliberately misrepresented their finances, this constitutes another reason for cancellation of the prenup,” Yau-Rosher says. “A prenup may also be deemed invalid if the financial situation of one or both parties has changed significantly, making the original agreement unfair.”

10. What is a postnuptial agreement?

“A postnuptial agreement is very similar to a prenuptial agreement, aside from the fact that it is drafted and signed after the marriage or civil partnership, rather than before.

“You can opt for a postnup instead of a prenup, or mutually agree to replace the original agreement with a postnup if your or your partner’s financial situation changes significantly after you marry or enter into a civil partnership.

“Due process must still be followed and both parties must still seek independent legal advice to ensure that the postnup holds a similar legal weighting to a prenup if required in court.”

“If you are considering entering into a prenuptial or postnuptial agreement, seeking independent legal advice is always the best first step. Communicate your intentions and any concerns with your partner to ensure that you both enter the agreement with shared goals and a realistic outlook when it comes to your finances.”

About Sophia Yau-Rosher

Sophia Yau-Rosher is a Director at Beecham Peacock Solicitors. Beecham Peacock Solicitors are a trusted divorce solicitors based in Newcastle Upon Tyne, and they know how important it is for your divorce settlement to be treated with the utmost respect and care.

They have countless experiences handling intricate divorce proceedings, so they understand that the process needs to be quick, smooth and respectful for both parties involved.

If you are getting a divorce, ending your civil partnership or even just agreeing to the terms of a separation, their talented divorce lawyers will make sure you are supplied with the most current and prudent advice to deal with the money, assets and property belonging to both parties.

Children of Divorce/Divorce Law UK

Understanding Parental Rights in the UK

Published on May 23, 2025May 20, 2025

Akwal Ryatt
Head of Family Law
Tyler Hoffman Solicitors

Getting divorced can be complicated for couples with children, as decisions must be made regarding where each child lives, how much time they spend with each parent, and other aspects of their care. The matter of parental rights may also come into question, particularly if the parents were not married when the child was born. A father may not automatically have parental responsibility for a child under these circumstances, which can affect their rights during divorce proceedings.

There are important legal and procedural steps that parents should take during divorce proceedings to preserve their role in their child’s life, and to maintain the ability to make decisions about their care, their living arrangements and other important aspects of their life. These rights do not automatically change due to divorce, but the court may become involved if there is a dispute about how they are exercised, and it is important to protect yourself.

Here, the experienced divorce solicitors at Tyler Hoffman explain how parental responsibility is established, how it affects the rights of each parent during a divorce and how to secure a Child Arrangements Order.

What is parental responsibility?

‘Parental responsibility’ refers to the legal rights, duties, powers and authority a parent has for a child. It includes the right to make decisions about education, religion, medical treatment and day-to-day care. A child’s birth mother will have parental responsibility automatically, and any Parental Responsibility Orders issued by the court will name any other people who have a say in these decisions.

A father’s legal rights generally depend on whether he has parental responsibility, which can be crucial when making child arrangements during the divorce process. A father automatically has parental responsibility if he was married to the child’s mother at the time of birth or subsequently, or if he is listed on the birth certificate (for children born after 1 December 2003 in England and Wales). You should speak to experienced paternity lawyers about whether you have parental responsibility if you have any concerns. Adoptive or foster parents may also have this responsibility, although it can be worthwhile to confirm this with a solicitor.

If either party does not have parental responsibility, they apply to the court for it using a Parental Responsibility Order or by entering into a Parental Responsibility Agreement with the child’s birth mother.

What is the role of a Child Arrangements Order?

A Child Arrangements Order is a legally binding court order that outlines how a child’s care will be structured following a divorce or separation. It becomes necessary if parents cannot reach an informal agreement (such as a Parenting Plan) about how child care arrangements will be managed. The order offers a legally binding decision on:

Residency: where and with whom the child will live
Contact: when and how they see the other parent
Whether a shared care arrangement is appropriate.

Either parent can apply to the court to put an order in place, and guardians or others with parental responsibility may also be able to apply, although certain parties will need permission from the court before they can apply for a Child Arrangements Order.

You may also need to attend a Mediation Information and Assessment Meeting (MIAM) before the family court will consider a Child Arrangements Order. A MIAM is an opportunity to resolve the issue without involving the court, and can help the parties in a divorce to reach an informal resolution. However, if mediation doesn’t work or is not suitable, either parent can apply to the family court for a Child Arrangements Order.

This will usually result in court hearings where a judge can review evidence from both parties and make a decision on final arrangements. An officer from the Children and Family Court Advisory and Support Service may conduct safeguarding checks and recommend arrangements based on the child’s welfare. The court makes decisions based on what it believes will be best for the child, including their wishes and feelings, the impact of any changes in circumstances and which parent is most able to meet their practical, emotional and educational needs.

Parents can also apply for a Specific Issue Order to resolve a particular dispute, or a Prohibited Steps Order to prevent the other parent from taking certain actions without permission. This is often used in cases where one parent decides to relocate, or if there is a dispute about schooling.

What does a Child Arrangements Order mean for parental rights?

Unlike an informal agreement, a Child Arrangements Order can be enforced by the court, which gives parents a degree of additional protection and ensures that the agreement remains in place. If one parent breaches the order, the other can apply to the court to enforce it. In response, the court can impose penalties, including warnings, enforcement orders (including unpaid work orders) and the need to pay compensation for financial losses.

While there is a risk in letting the court decide, courts generally support regular, meaningful contact with both parents unless there is clear evidence that such contact would harm the child. Speak to an experienced family law solicitor for guidance on navigating this process, and make sure to keep records of all contact and communication with other parties involved in the divorce to give yourself the best chance of a favourable outcome from any legal process.

About Akwal Ryatt

Akwal Ryatt is the head of Family Law at Tyler Hoffman Solicitors, and is an accomplished Chartered Legal Executive with an extensive career spanning over 28 years. With a compassionate approach, Akwal is characterised by her profound expertise in family law areas including divorce, separations, Child Arrangement Orders, Financial Remedy Orders and more.

Divorce and Finances/Financial and Legal Advice

Common Financial Mistakes to Avoid During and After Divorce

Published on May 14, 2025May 13, 2025

Sponsored post by Jones Myers.

The fear of starting all over again and all the financial worry that can bring with it can understandably have a profound effect on many people going through divorce or separation.

This fear can be particularly acute for those who have not had to deal with financial practicalities such as tax, standing orders and direct debits during their relationship.

If you are going through divorce or contemplating it and are concerned about future finances, this article will help to keep you on the right financial track throughout your divorce and beyond.

Be Open and Honest

Not sharing financial information during a relationship can contribute to problems during divorce proceedings.

One spouse may have no idea where the budget line is – or even where it should be drawn – and may have unrealistic expectations of what they are entitled to, or what is a realistic and affordable.

One spouse may have hidden savings or income from the other or scrutinised the other’s spending without being transparent about their own. On divorce, there is nowhere to hide. It is fundamental that both spouses fully and frankly disclose everything they have to each other as a starting point for an informed negotiation.

The Importance of Financial Disclosure

In every divorce, separating couples must provide to the other full details of their assets, income, pension and liabilities. This is known as financial disclosure.

Financial disclosure ensures that both spouses can make fully informed decisions about what they consider to be a fair settlement. A failure to disclose anything material to the settlement can in some cases lead to an agreement being set aside. Lawyers and judges know every trick in the book and will ask questions if they suspect that money has been concealed. They may even employ forensic accountants to track down missing assets.

Don’t be tempted to hide money in offshore banks. These still have to be disclosed. If you do not provide everything that is necessary to understand the financial position, family courts have the power to question your accountant, your financial advisor and even your bank manager.

Setting up a new business shortly before separation may well be seen as suspicious or even a deliberate attempt to hide assets. Taking steps designed to put money beyond the reach of your spouse could lead to injunctions being made against you, freezing assets, or ordering the return of monies from third parties. In the long run, actions such as these are highly unlikely to succeed and will almost certainly damage your credibility in the eyes of the court.

The Penalties of Concealing Assets

If it later comes to light that you have withheld material financial information during the financial disclosure process, your spouse might be able to ask the court to set aside the Financial Consent Order and relook at what would be a fair order – taking into account all the assets, including those not previously disclosed.

The court can also make an order that you pay your ex’s legal costs. In the worst-case scenario, deliberately withholding financial information in breach of a court order can amount to a contempt of court for which a range of penalties (including ultimately imprisonment) could be imposed.

Include Pensions in Financial Settlements

Frequently overlooked in financial settlements, pensions are frequently one of the most valuable assets of a marriage. They often make up the second highest- value asset in a divorce settlement after the family home – or sometimes the highest.

It is key that information about pensions is made available in the financial disclosure process which must include details of all pensions, including state pensions – and the value of each one.

The most common way in which a disparity in pensions is addressed in a divorce settlement is pension sharing. Pension sharing splits the pensions immediately and provides a clean break

As an alternative, in some cases ex-spouses prefer to take a greater share of the equity in the family home or other capital, as a trade-off for a share of the other’s pension.

Some divorces may involve several pension arrangements so it is important to consider which arrangements should be shared, and to what extent. Pensions are complex and, save in very straightforward cases with pensions of limited value, it is important to get specialist advice about them before agreeing a settlement.

The pension share may be internal (when the recipient becomes a member of the scheme) or external when the share must be invested in an existing or new arrangement of the receiving party. Care should be taken to obtain details of the cost of any transfer.

In deciding what is best for them, the couple need to consider how their respective financial needs will be met and what other assets are available for distribution.

Consider Financial Planning

It can be helpful to have financial advice during settlement negotiations. Many financial advisers use cashflow modelling, which can be a valuable way of how different settlement options might pan out in the future. In processes such as collaborative practice or mediation, it is quite common to bring a financial adviser into the process as a neutral to help the discussions. Further financial advice can then be taken on an individual basis when settlement terms are clear.

Get a formal Financial Order

Once a financial settlement is agreed, it is almost always best for the terms agreed to be made final and binding in a court order. This is a legally binding document which details the main assets owned by divorcing couples and sets out the financial arrangements agreed between them. The terms of an order are binding and can be enforced through the courts if there are any problems putting those terms into effect.

It is important to understand that the divorce process itself does not dismiss financial claims which can be pursued many years after the divorce has been finalised provided the person bringing the application has not remarried. Putting off the conversation at the time of separation can sometimes just be kicking the can down the road.

Try to avoid exceeding your budget

I am not a financial adviser, but these are some pointers which might be useful to think about:

Create a ‘to do’ list of all things financial (bills etc) and an aspirational list to set goals for enjoyable things such as treats and breaks
Consider having two bank accounts – one for day-to-day expenses for the house, food, car and associated expenses, direct debits, standing orders and credit card payment. The second is for setting aside some savings for exceptional expenses such non-essential clothing, holidays, and house repairs.
Set out the absolute and exact payments needed every month for your house and family
Know when your maintenance payments arrive and budget accordingly. Ensure standing orders don’t go out before your monthly payments are due in
Apply to your Council for a 25% council tax discount. The concession applies if you are on your own or have younger children
Expand your support network if you’re on your own or have children. Now is an ideal time as the country emerges from lockdown
Take professional advice on preparing and budgeting for your own retirement
Make a will. If you have a pension or life assurance, ensure it includes your chosen beneficiaries and is updated. Review it every few years.
Stay healthy in body and spirit – try new things. You could also consider engaging a life or Divorce coach who specialises in helping people in your situation prepare for their new future

Spousal Maintenance and Child Maintenance

Remember that Spousal Maintenance will usually be paid for a period of time to enable you to adjust to financial independence or when your financial needs are reduced, for example, when your children finish school or university, or leave home.

Be aware that your spousal maintenance will stop if you remarry or enter into a civil partnership or if either of you dies. It could also be affected if you meet a new partner and move in together

It is also important to plan for when child maintenance – which is mandatory for both parents for children under sixteen and youngsters under twenty who are still in full time education – comes to an end.

As part of our holistic approach, Jones Myers advises and guides our clients through the stages of divorce during and after their divorce.

A champion of non-confrontational divorce and resolving issues in a spirit of collaboration and cooperation, our extensive expertise includes alternative to avoid courts which include mediation and collaborative family law.

Our pre-divorce and post- divorce support includes helping them to stay on the right financial track as they embark on the next chapter of their lives.

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, Child Inclusive 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.

Direct Dial: 01904 202553 or email Nicki.mitchell@jonesmyers.co.uk. Website: www.jonesmyers.co.uk

Coping with Divorce/Divorce and Finances/Divorce Law UK/Financial and Legal Advice

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

Published on April 30, 2025April 28, 2025

Sarah Hawkins
CEO
National Family Mediation (NFM)

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

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

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

The Common Misconception: Thinking Everything’s Already Settled

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

It’s not.

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

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

What Happens Without a Financial Consent Order?

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

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

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

What Is a Financial Consent Order?

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

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

Making It Legal: Your Options for Getting a Consent Order

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

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

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

How NFM LegalEyes Works:

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

Help with Costs: Legal Aid and the Mediation Voucher Scheme

Worried about costs? Support is available.

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

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

Why Mediation Still Matters—Even with No-Fault Divorce

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

Mediation:

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

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

Final Thoughts: Don’t Leave Loose Ends

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

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

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

About Sarah Hawkins

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

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

Coping with Divorce/Divorce News

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

Published on April 18, 2025April 15, 2025

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

Cohabiting couples

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

No-fault divorce

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

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

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

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

Resolving financial matters alongside divorce

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

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

Protecting assets acquired before marriage

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

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

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

Pre- and post-nuptial agreements

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

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

Non-court dispute resolution (NCDR)

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

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

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

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

Horizon scanning

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

About Sean Hilton

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

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

Children of Divorce/Divorce and Finances/Divorce Law UK/Financial and Legal Advice

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

Published on April 11, 2025April 9, 2025

Stephanie Kyriacou
Managing Associate
Freeths

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

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

Financial Claims Under the Matrimonial Causes Act 1973

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

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

Types of Financial Orders Available

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

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

Key Differences: Married vs. Cohabiting Parents

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

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

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

Conclusion

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

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

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

About Stephanie Kyriacou

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

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

Divorce and Finances/Financial and Legal Advice

A Guide to Spousal Maintenance

Published on March 5, 2025February 20, 2025

Chris Sweetman
Editor at The Divorce Magazine
Director at Fair Result

What is Spousal Maintenance?

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

Who Qualifies for Spousal Maintenance?

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

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

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

How Payments Are Determined

Several factors influence the determination of spousal maintenance payments:

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

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

Common Misconceptions

There are several misconceptions about spousal maintenance that need addressing:

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

Can Spousal Maintenance be Changed or Stopped?

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

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

Negotiation Tips

Successful negotiation requires professional advice and careful planning:

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

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

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

Get in Touch

Call us at 07 500 933 818 or 0333 577 7009

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

About Chris Sweetman

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

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

Divorce and Finances/Financial and Legal Advice

5 Common Myths About Financial Settlements in Divorce

Published on February 5, 2025January 29, 2025

Myths to Debunk

Myth 1: “Everything is split 50/50 in a divorce”

A common misconception is that marital assets are automatically divided equally between spouses in a divorce. The division of assets is based on what is deemed fair and just, which does not necessarily mean a 50/50 split. Courts consider various factors, such as the length of the marriage, each spouse’s financial contributions, future earning potential, and the needs of any children involved. The goal is to achieve an equitable distribution, which may result in one party receiving a larger share of the assets. The courts will also often look at spousal maintenance. There has long been a misconception that spousal maintenance will always be paid. This spousal maintenance misconception is wrong and maintenance will only be paid for as long as it is necessary to allow the party receiving it to adjust to single living again.

Myth 2: “The higher-earning spouse always pays spousal maintenance”

Another prevalent myth is that the spouse who earns more money will always be required to pay spousal maintenance to the lower-earning spouse. While the higher-earning spouse may be ordered to provide financial support, this is not a given. Courts consider multiple factors when determining maintenance, including the length of the marriage, the standard of living during the marriage, and each spouse’s financial resources and needs. In some cases, no maintenance may be awarded if both parties are deemed capable of supporting themselves.

Myth 3: “You can hide assets to avoid sharing them”

Some individuals believe they can conceal assets to prevent them from being included in the financial settlement. However, this is both illegal and unethical. Courts require full financial disclosure from both parties at the outset on a disclosure form known as Form E, and failure to disclose all assets can result in severe legal consequences. Methods of hiding assets, such as transferring money to friends or family or undervaluing property, are likely to be uncovered during this process. If hidden assets are discovered, the court may impose penalties, and the guilty party could face criminal charges.

Myth 4: “The parent with custody gets the house”

It is often assumed that the parent who receives primary custody of the children will automatically be awarded the family home. While the needs of the children are a significant consideration, the decision to award the house is based on various factors. Courts will evaluate each party’s financial situation, the ability to maintain the home, and the best interests of the children. In some cases, the house may be sold, and the proceeds divided, or the custodial parent may be allowed to stay in the home until the children reach a certain age. This is known as a Mescher Order, and you will need advice from a lawyer to obtain this as property division in divorce is complex to ensure each parties needs are met with the courts first priority being to ensure the children of the marriage are safely housed.

Myth 5: “You need to go to court to finalise a settlement”

Many people believe that financial settlements can only be resolved through a court process. However, there are alternative methods to resolve financial disputes that can be less stressful and more cost-effective. Mediation and collaborative divorce are two popular alternatives where both parties work together with the help of a neutral third party to reach an agreement. These methods allow for more control over the outcome and can often result in a quicker and more amicable resolution. However, even if mediators are used you will still need to get a lawyer to draft the financial consent order for approval by the court. if you use a mediator that is not a qualified lawyer you will still need the lawyer to submit the consent order and supporting documentation to the government portal for approval by a judge. You do not need to attend court for this. The online process will deal with this for you.

Addressing Common Questions

What are the most common misconceptions people have about financial settlements?

The divorce myths mentioned above are among the most common misconceptions in financial disclosure on divorce. Additionally, people may believe that only marital assets are subject to division (when, in fact, non-marital assets can sometimes be considered) or that prenuptial agreements are always upheld without question.

How do courts determine a fair settlement?

Courts determine a fair settlement by considering several factors, including the length of the marriage, each spouse’s contributions, both financial and non-financial, the standard of living during the marriage, and the future financial needs and earning potential of each spouse. The primary goal is to ensure that both parties can maintain a reasonable standard of living post-divorce.

What legal requirements are involved in disclosing assets?

Both parties are legally required to provide full and frank disclosure of all assets, liabilities, income, and expenses. This information is typically exchanged through financial statements Form E and supporting documentation including payslips bank statements and details of properties you feel would be suitable for your post-divorce settlement. Failure to disclose assets can lead to serious legal repercussions, including fines, penalties, or having the settlement overturned. Fair Result can help you complete all this paperwork

Are there alternatives to court for resolving financial disputes?

Yes, alternatives to court include mediation, collaborative divorce, and arbitration. These methods involve working with neutral third parties to reach an agreement outside of the traditional court setting. They can be less adversarial and more efficient, allowing couples to maintain greater control over the outcome.

What are the consequences of believing or acting on these myths?

Believing or acting on divorce myths about financial settlements can lead to unrealistic expectations, prolonged disputes, and unfavourable outcomes. Misconceptions can result in unnecessary stress, increased legal costs, and potential legal penalties for unethical behaviour such as hiding assets which could ultimately lead to prison. It is always best to have all your divorce myths dispelled and get legal advice about the best way to proceed from one of the team at Fair Result.

Conclusion

Understanding the realities of financial settlements in divorce is crucial for making informed decisions and achieving a fair outcome. By debunking common myths, individuals can better navigate the complexities of divorce and avoid common pitfalls. For expert advice and guidance, readers are encouraged to contact Fair Result or use our WhatsApp service. Each client receives their own WhatsApp group where they can ask questions of the team at Fair Result anytime if they have questions or concerns over their case. Navigating divorce with accurate information and professional support can make a significant difference in achieving a fair and amicable resolution.

Get in Touch

Call us at 07 500 933 818 or 0333 577 7009

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

About Chris Sweetman

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

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

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Be Open and Honest

The Importance of Financial Disclosure

The Penalties of Concealing Assets

Include Pensions in Financial Settlements

Consider Financial Planning

Get a formal Financial Order

Try to avoid exceeding your budget

Spousal Maintenance and Child Maintenance

About Nicki Mitchell

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The Common Misconception: Thinking Everything’s Already Settled

What Happens Without a Financial Consent Order?

What Is a Financial Consent Order?

Making It Legal: Your Options for Getting a Consent Order

How NFM LegalEyes Works:

Help with Costs: Legal Aid and the Mediation Voucher Scheme

Why Mediation Still Matters—Even with No-Fault Divorce

Final Thoughts: Don’t Leave Loose Ends

About Sarah Hawkins

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Cohabiting couples

No-fault divorce

Resolving financial matters alongside divorce

Protecting assets acquired before marriage

Pre- and post-nuptial agreements

Non-court dispute resolution (NCDR)

Horizon scanning

About Sean Hilton

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Financial Claims Under the Matrimonial Causes Act 1973

Types of Financial Orders Available

Key Differences: Married vs. Cohabiting Parents

Conclusion

About Stephanie Kyriacou

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What is Spousal Maintenance?

Who Qualifies for Spousal Maintenance?

How Payments Are Determined

Common Misconceptions

Can Spousal Maintenance be Changed or Stopped?