divorce lawyers

Children of Divorce/Divorce Law UK/Divorce News

Family Court Leaves Children In Uncertainty For Nine Months

Published on August 28, 2026August 17, 2026

Donna Morgan
Counsellor and Therapist
Donna Morgan Counselling

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.

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.

Children of Divorce/Divorce Law UK

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

Published on August 24, 2026August 13, 2026

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.

Divorce and Finances/Divorce Law UK/Divorce News

Why Proposed Reforms are Vital to Financially Protect Cohabiting Couples

Published on August 21, 2026August 11, 2026

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.

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.

Divorce and Finances/Divorce Law UK

Divorce is Rarely About Just One Thing

Published on June 19, 2026June 12, 2026

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.

Divorce Law UK/Family Mediation

When Court is the Only Solution in Divorce

Published on June 15, 2026June 16, 2026

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.

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

Divorce Law UK

Do You Have to Use AI in Your UK Divorce?

Published on February 20, 2026February 17, 2026

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.”

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.

Divorce Law UK

Artificial Intelligence in Divorce Proceedings and the Implications for Family Law

Published on February 6, 2026February 6, 2026

Nichola Bright
Partner in our Family Law Team Myerson Solicitors

In this article, Nichola Bright, Partner and Family Lawyer at Myerson Solicitors explores the use of Artificial Intelligence (AI) within family law and the implications for both professionals and clients.

The use of AI within the legal profession has expanded rapidly in recent years, and family law is no exception. In divorce and financial remedy proceedings, AI is now being used by solicitors, litigants and, indirectly, considered by the judiciary. While AI offers clear advantages in terms of efficiency and accessibility, its integration into family law raises significant questions about accuracy, ethics, data protection and the proper administration of justice.

This article examines the current and emerging role of AI in divorce proceedings, with particular reference to professional practice, judicial guidance issued in October 2025, and the broader implications for the future of family law.

The Use of AI by Solicitors in Divorce Proceedings

Family law practitioners are increasingly adopting AI-enabled tools to assist with a range of preparatory and analytical tasks. Importantly, these tools are generally used to support, rather than supplant, professional legal judgment.

AI-assisted document review is now commonly deployed in cases involving extensive financial disclosure. Machine-learning tools can efficiently review bank statements, tax returns and corporate documents, identifying trends, inconsistencies or potential non-disclosure. This can be particularly valuable in complex financial remedy cases or where disclosure is voluminous.

Certain AI platforms are capable of analysing financial data to support asset identification, valuation exercises and scenario modelling. While such tools do not determine outcomes, they can assist solicitors in stress-testing settlement proposals and identifying areas requiring further investigation.

AI-powered legal research tools allow practitioners to search legislation, case law and commentary more efficiently, surfacing relevant authorities and summarising legal principles. Used appropriately, this enhances rather than replaces doctrinal analysis.

AI is also being used to assist with drafting preliminary documents, including chronologies, case summaries and initial correspondence. Professional oversight remains essential, particularly in family proceedings where nuance and precision are critical.

Judicial Guidance on the Use of AI (October 2025)

In October 2025, the Court and Tribunals Judiciary issued formal guidance addressing the use of AI within legal proceedings. The guidance reflects a cautious but pragmatic approach, recognising the inevitability of AI’s growing presence while emphasising the primacy of human responsibility.

Key Principles of the Guidance:

The guidance confirms that AI may be used for administrative, organisational and preparatory tasks, such as document summarisation or research support. However, it expressly warns against reliance on AI-generated legal analysis without independent verification.

The judiciary discourages the use of AI for tasks involving evaluative judgment, discretion or the balancing of competing interests, functions that lie at the core of judicial decision-making, particularly in family law.

The guidance also addresses the increasing use of AI by unrepresented litigants. While acknowledging that AI may assist in improving access to justice, the judiciary highlights risks including legal inaccuracies, misunderstanding of procedural requirements and the submission of AI-generated material that has not been properly scrutinised.

The Use of AI by Clients and Litigants

Beyond professional practice, AI is increasingly used directly by clients involved in divorce proceedings.

Many individuals use AI tools to research divorce law, court processes and financial remedies. This reflects a broader trend towards self-education and digital engagement with legal processes.

Some litigants use AI to draft summaries of their circumstances, prepare correspondence or generate preliminary submissions. While this may assist in articulating issues, it also raises concerns about accuracy and the risk of overconfidence in AI-generated outputs.

Benefits of AI in Divorce Proceedings

AI has the potential to reduce the time spent on routine tasks, allowing solicitors to allocate more resources to strategic advice, negotiation and advocacy. This may assist in managing legal costs and improving access to representation.

AI tools can translate complex legal concepts into more accessible language, contributing to better-informed clients and more meaningful participation in the legal process.

The Importance of Legal-Specific AI

A critical distinction must be drawn between generic AI tools and legal-specific AI software. Legal AI platforms are typically jurisdiction-specific, regularly updated and designed with professional safeguards. These include research databases, document automation tools and disclosure analysis systems, which are better suited to legal practice than general-purpose AI.

Risks and Ethical Considerations

AI systems may produce outputs that are persuasive in tone but legally inaccurate or incomplete. In family law, where outcomes are highly fact-sensitive, such errors carry significant risk.

The use of AI raises serious data protection issues, particularly where sensitive personal or financial data is processed by third-party systems. Compliance with data protection and professional confidentiality obligations remains paramount.

AI systems may reflect inherent biases within their training data and may oversimplify complex legal or factual issues. Family law disputes rarely lend themselves to binary or formulaic solutions.

In cases involving domestic abuse or coercive control, AI may be misused as a tool of surveillance, manipulation or intimidation. Legal professionals must be alert to the potential for technology-facilitated abuse within family proceedings.

Can AI Replace Family Lawyers or Judges?

Despite its growing role, AI is unlikely to replace family lawyers or judges. Family law requires the exercise of discretion, empathy and moral judgment, qualities that remain uniquely human.

Legal advice involves interpreting law in context, negotiating outcomes and advocating for clients’ best interests. Judicial decision-making similarly requires the weighing of evidence, assessment of credibility and balancing of competing welfare considerations, particularly where children are concerned.

AI may assist with process and preparation, but it cannot replicate the human judgment essential to family justice.

Conclusion

To conclude, AI is becoming an increasingly influential tool in divorce proceedings, reshaping legal practice and client engagement. While it offers clear benefits in efficiency and accessibility, its use must be carefully regulated and ethically grounded. In family law, AI is no replacement for professional expertise and judicial discretion. The challenge for the legal profession lies in harnessing AI’s advantages while safeguarding the family justice system.

About Nichola Bright, Partner and Family Lawyer at Myerson Solicitors

Nichola has been practising family law since 2008 and has worked at highly regarded practices in Cheshire and Lancashire. Nichola joined Myerson in 2012 and was promoted to Senior Solicitor in 2015 and is now a Partner at the firm.

Nichola advises on a wide range of family matters, including divorce and high net-worth financial settlements, separation, co-habitation, pre-nuptial agreements, complex disputes regarding children, fertility law and surrogacy law.

Find out more about Nichola Bright here.

Coping with Divorce

Signs of Coercive Control, Legal Significance and Why Ruby’s Law Matters

Published on January 16, 2026March 26, 2026

Rachel Cook
Of Counsel
Peters &Peters

In 2015, the law in England and Wales fundamentally changed how domestic abuse was understood. With the introduction of section 76 of the Serious Crime Act 2015, the criminal law finally recognised that abuse does not have to be violent to be devastating. Patterns of domination, intimidation and control, often invisible from the outside, were brought within the scope of criminal liability.

A decade on, coercive and controlling behaviour (CCB) sits at the crossroads of criminal law, family law and separation disputes. For many families navigating divorce or child arrangements, it is no longer a background issue but a central one. Understanding how the offence works, how it has evolved, and how it interacts with family proceedings can make a critical difference to outcomes.

What qualifies as coercive and controlling behaviour?

Under section 76, a person commits an offence if they repeatedly or continuously engage in controlling or coercive behaviour towards a current or former intimate partner or family member, and that behaviour has a “serious effect” on the victim.

That “serious effect” is defined in one of two ways: either the victim is caused to fear violence on at least two occasions, or the behaviour causes serious alarm or distress which has a substantial adverse effect on their day-to-day life. Importantly, the perpetrator must know, or ought to know, that their behaviour would have that effect.

What matters is pattern, not isolated incidents. Courts look at the cumulative impact of conduct over time. Individually, acts may appear trivial or even reasonable. Together, they can amount to criminal abuse.

Common examples include:

Monitoring movements, messages or spending
Restricting access to money or conditioning basic expenses on compliance
Isolation from friends, family or professional support
Undermining parenting confidence or threatening child contact
Using litigation, complaints or financial pressure as tools of control post-separation

The law now expressly recognises economic abuse as a core form of domestic abuse. Control over resources, enforced dependency and financial gatekeeping can satisfy the criminal threshold even where there is objective wealth.

How the offence has evolved since 2015

The offence has developed significantly since its introduction.

Charging practice and case law have clarified that prosecutors can rely on a wide range of evidence to demonstrate patterns over time: digital communications, financial records, CCTV, smart-home data and third-party testimony. Courts increasingly accept a “mosaic” approach, where meaning lies in the accumulation rather than any single act.

The scope of the offence has also expanded beyond cohabitation. Amendments now recognise post-separation abuse, reflecting the reality that control often continues, or intensifies, after a relationship ends, particularly through children or finances.

Sentencing guidance has likewise evolved, with courts treating sustained, sophisticated campaigns of control as serious offending, especially where professional status, financial power or third parties are used to entrench dominance.

Where Ruby’s Law fits in

One area that has historically been overlooked is the role of pets in coercive control. Threats to harm animals, restriction of access to veterinary care, or using pets as leverage to prevent a victim from leaving are well-documented abuse tactics.

Surrounding the recent publication of the Government’s Violence Against Women and Girls (VAWG) strategy, there has been an increased demand from cross-party MPs to introduce Ruby’s Law.

Ruby’s Law seeks to close this gap by advocating for the explicit recognition of harm or threats to pets as part of coercive and controlling behaviour, and by allowing pets to be included in protective orders. This is not about elevating animals above people, but about acknowledging lived reality: for many victims, fear for a beloved pet is a decisive barrier to safety.

In family proceedings, Ruby’s Law could also provide clarity, enabling courts to address pet-related abuse directly rather than treating it as peripheral or irrelevant.

How coercive control intersects with divorce and child arrangements

Allegations of coercive and controlling behaviour frequently arise during separation, often alongside disputes about children, finances or housing.

In family court, the focus is not punishment but protection and welfare. Findings of coercive control can influence:

Whether a fact-finding hearing is required
Whether contact should be supervised or restricted
The court’s assessment of parental insight, risk and future behaviour
Protective orders such as non-molestation or occupation orders

A critical point for parents is that coercive control does not require physical violence. Family courts are increasingly alive to patterns of manipulation, intimidation and emotional harm, particularly where children are exposed to controlling dynamics.

Equally, false or exaggerated allegations can have profound consequences. Lengthy investigations, interim contact restrictions and reputational damage can occur long before any finding is made. This is why early, careful legal advice is essential on both sides.

Criminal courts and family courts: parallel tracks, real consequences

Criminal and family proceedings operate independently, but they interact in powerful ways.

A police investigation or criminal charge can affect family proceedings immediately, particularly where bail conditions restrict contact or residence. Conversely, material generated in family proceedings (statements, expert reports, messages disclosed during financial disclosure) may later become relevant in a criminal case.

There are also practical tensions. Criminal courts operate on principles of open justice; family proceedings are largely private. Material cannot simply be transferred between forums without careful consideration and, often, permission.

Timing matters too. While coercive control is not subject to the six-month limitation that applies to many summary offences, delay can affect evidential strength and police appetite to prosecute. The offence is not retrospective: conduct before 2015 cannot itself be charged, though it may form relevant background.

Practical guidance for those navigating both systems

For individuals and families facing these issues, several principles consistently matter:

Seek early advice across disciplines. Criminal and family lawyers bring different perspectives. Coordinated advice avoids missteps that can have long-term consequences.
Preserve evidence. Messages, bank records, diaries and third-party accounts can be crucial, whether you are alleging abuse or defending an accusation.
Think strategically, not emotionally. Reporting to the police is not the only route to protection. Family law remedies may be faster and more targeted in some cases.
Understand the impact of interim measures. Bail conditions, protective orders and temporary contact arrangements often shape reality long before any final decision.

There is no single “right” approach. Objectives differ: safety, recognition, protection of children, reputation, or simply bringing an end to uncertainty.

Looking ahead

Coercive and controlling behaviour has reshaped how abuse is understood across both criminal and family law. Ruby’s Law represents the next step in recognising the full ecology of control within families, including the role of pets, and aligning the law more closely with lived experience.

For separating families, the message is clear: these issues are no longer marginal, and they cannot be navigated safely in silos. Early, informed and joined-up advice remains the most effective protection of all.

Rachel Cook, Of Counsel, Peters & Peters

Rachel Cook is a criminal solicitor with extensive experience advising individuals and families at the intersection of criminal and family proceedings. She regularly advises clients at the police station and acts in complex cases involving allegations of coercive and controlling behaviour, domestic abuse and reputational risk. Rachel works closely with family law teams to provide strategic, joined up advice for clients navigating separation, child arrangements and parallel investigations.

Divorce Law UK

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

Published on November 7, 2025November 4, 2025

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

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

What is a pre-nuptial agreement?

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

What is a post-nuptial agreement?

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

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

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

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

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

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

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

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

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

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

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

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

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

About Kaylee Justham

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

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

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

Divorce Law UK

Why TOLATA is a Necessary Safety Net for Modern Relationships

Published on November 5, 2025November 4, 2025

Gary Hall
Litigation Solicitor
Clough & Willis

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

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

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

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

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

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

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

About Gary Hall

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

His areas of work include:

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

Divorce Law UK

What to Expect in the Early Stages of Divorce

Published on October 22, 2025October 15, 2025

Chris Sweetman
Editor at The Divorce Magazine
Director at Fair Result

The Team at Fair Result Provide Clear Guidance and Reassurance for Those Taking the First Steps

Divorce is often viewed as a daunting and overwhelming process, filled with uncertainty and emotional ups and downs. If you are considering separation or have just begun thinking about divorce, understanding what to expect in the early stages can help reduce anxiety and put you on a path towards a fair and practical resolution. At Fair Result, we’re committed to providing fixed-fee legal support, guiding you through each step with clarity and reassurance.

Demystifying Divorce and Our Supportive Role

The idea of divorce can conjure images of lengthy court battles, spiralling costs, and emotional turmoil. The process is often much more straightforward, especially with the right guidance and support. Fair Result is here to help you navigate the early stages with confidence, offering practical advice and transparent, fixed-fee services so you know exactly where you stand.

Initial Considerations: Laying the Groundwork

Before starting the formal process, it’s wise to take some practical steps that will make things smoother later on:

Gather Financial Documents: Begin collecting information on your income, savings, debts, pensions, and assets. Having these documents to hand will help your legal advisor give you accurate guidance and ensure a fair division of finances.
Plan Childcare and Living Arrangements: Consider where you and your children will live and how childcare will be organised. Early, open conversations about these arrangements can prevent misunderstandings and help maintain stability for everyone involved.
Think About Your Priorities: Reflect on what matters most to you, whether it’s minimising disruption for your children, securing your financial future, or achieving an amicable outcome. Being clear on your goals will help your solicitor support you effectively.

Starting the Divorce Process: Filing, Paperwork, and Timelines

Once you’re ready to proceed, the formal divorce process begins with filing a divorce application (sometimes called a petition/application) on the government’s online Divorce Portal. Here’s what to expect:

Filing the Application: You can apply online or by post. The application asks for basic details about your marriage and the reasons for divorce, now simplified under “no-fault” divorce rules.
Serving Papers: After filing online, your spouse will receive the application and has a set time to respond. This is a straightforward step and does not automatically mean a court appearance is necessary. It is only when your spouse is being difficult and refusing to accept online service of the application that you need process servers to physically serve the application.
Timelines: There is a mandatory waiting period (the “cooling off” period) before the conditional order can be granted, designed to give both parties time to reflect. The entire process can takes a minimum of 20 weeks as set out in legislation, but much depends on how quickly agreements are reached about finances and children. Do not apply for the Final Order on divorce until all financial and child arrangements have been agreed upon and set out in a consent order.
Paperwork: Most of the paperwork is standardised and can be completed with your solicitor’s help, ensuring nothing is missed and that your interests are protected.

Communication and Mindset: Legal Advice and Staying Calm

One of the best things you can do early on is to seek legal advice from a specialist. An experienced solicitor will explain your rights and options in plain English, helping you make informed decisions from the outset. At Fair Result, we believe a calm, practical mindset is invaluable. Try to approach discussions with your spouse about children, money, or living arrangements constructively. Remember, most issues can be resolved without confrontation, especially when both sides are informed and supported.

Fixed-Fee Support: Predictable Costs in Stressful Times

Uncertainty about legal fees can add to the stress of divorce. That’s why Fair Result offers fixed-fee packages, so you always know what to expect. With a clear price from the start, you can focus on what matters most, your family and your future, without worrying about spiralling costs or unpleasant surprises. Fixed-fee support gives you peace of mind and helps you stay in control at every stage.

Common Misconceptions: Busting Divorce Myths

Many people fear that divorce inevitably means a bitter court battle, but this is rarely the case. Most divorces are settled amicably through negotiation and agreement, without ever stepping foot in a courtroom. Other myths such as one partner always “winning” or the process dragging on for years are simply not true. With professional advice and a willingness to communicate, most couples can reach a fair settlement efficiently and respectfully.

Emotional and Practical Realities: Setting Expectations

There’s no denying that divorce brings emotional challenges, from sadness and frustration to relief and hope. It’s normal to feel a wide range of emotions, and seeking support from friends, family, or professional counsellors can be invaluable. On the practical side, be prepared for some changes to your daily routines, finances, and living arrangements. With the right support and a clear plan, these adjustments become far more manageable, helping you move forward with confidence.

Take the First Step with Fair Result

Starting divorce proceedings can feel overwhelming, but you don’t have to face it alone. By taking practical steps, seeking early advice, and choosing a fixed-fee partner like Fair Result, you can reduce uncertainty and make informed choices for your future. If you’re considering divorce or have questions about the process, contact Fair Result today for clear, supportive, and cost-effective guidance tailored to your needs. We’re here to help you achieve a fair result, every step of the way.

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 Law UK

Mediation, Arbitration, Collaborative Law, or Court? Choosing the Best Option for You

Published on October 20, 2025October 17, 2025

Sponsored post by Jones Myers.

As an experienced Family Law Mediator and Collaborative Family Lawyer with extensive expertise in litigation, I understand the challenges facing separating couples in finding the right way to divorce for their individual circumstances.

The trepidation of a prolonged, costly and stressful court divorce is prompting an increasing number of couples to seek out routes such as mediation and collaborative family law which avoid going to court.

Another option is arbitration where separating couples hire a ‘private judge’ to accelerate the outcome of their financial settlements.

Known as Alternative Dispute Resolution – because they provide alternatives to litigating in court – these three options put children’s best interests first. They also promote a spirit of spirit of collaboration for spouses and parents to achieve the best solutions.

I hope the insights below will help you to decide which is best for your unique situation.

What is mediation?

Mediation is a means of resolving family disputes constructively. It enables you to keep control over decisions which will affect the future of you and your family. In the court process you hand those decisions over to a judge, who does not know you or your family and knows nothing about what is important to you. Mediation is appropriate for most situations including the most financially complex.

Who is involved in mediation?

The private and confidential process takes place in a safe, 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. At the outset both of you sign an Agreement to Mediate so negotiations can continue on a ‘without prejudice’ basis.

The number of discussions/sessions varies for each couple depending upon the complexity of the split. As a facilitator, the mediator assists, guides, and helps you to move dialogue forward.

Many mediators, myself included, are lawyers and can provide extremely useful information about the law to inform your decisions.

Whether or not they are legally qualified, mediators will recommend that you each retain your own solicitor who can provide specific legal advice where required during the process.

What does success in mediation look like?

A successful outcome in mediation can mean many things. Many couples choose the mediation process to get to an agreement which is formalised in a binding Court Order.

Often called a Final Order, this is a legal document which officially terminates your marriage without you having to go to court. However, mediation has many other advantages, including developing a new way of communicating as separated parents.

Is mediation compulsory?

No. Mediation is a voluntary process. You may have read about a Mediation Information and Assessment Meeting (MIAM) meeting, usually relating to cases involving finances or children, which all divorcing couples are expected to attend before court proceedings are issued.

These meetings are designed to inform you both about alternative resolution schemes and to establish if the circumstances are suitable for mediation.

What are the advantages and disadvantages?

Mediation can result in a swifter resolution, reducing legal expenses which mount up in prolonged court cases between warring couples. Highly confidential, it is a more impartial and considered approach and can lessen the emotional impact of separation and divorce on children.

What happens if mediation fails?

Due to its voluntary nature, talks can be concluded at any time if headway is not made. However, there are many ways in which the process can be adapted to get over sticky issues and avoid failure.

There is an increasing trend towards lawyers being present in mediation sessions to provide technical advice and support during the process, in particular where there are complex legal issues.

Alternatively, disputed legal points can be determined by bringing in a neutral lawyer to give a view or even an arbitrator to give a binding decision on a particular issue. All of this can be done in the context of mediation.

What is collaborative family practice?

In collaborative family practice separating couples make a commitment to avoid the court route and to work together with specially trained lawyers to make their own decisions about the future.

Like mediation, it champions a spirit of collaboration and compromise, is entirely confidential – and puts children’s needs at the heart of discussions.

How does it work – and who is involved?

You and your ex each appoint your own collaboratively trained lawyer and undertake a series of meetings where 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. You have as many or as few meetings as are necessary to resolve the issues between you.

At the outset you, your collaborative lawyers and other specialists involved, sign a Participation Agreement that commits all of you to strive to reach resolutions without going to court.

The agreement prevents your collaborative lawyers from representing you in court if the collaborative process fails, ensuring everyone is wholly bought into making the process work.

What are the advantages and disadvantages?

Like mediation, collaborative family practice puts you and your ex in the driving seat so you can progress the sessions at your own pace, working around your respective work and family commitments.

Faster, less stressful and more cost effective than going to court, it ensures that everyone involved is committed to achieving a solution. In times where transparency is encouraged in the family courts and journalists can attend hearings, collaborative practice guarantees your family’s privacy.

What happens if a successful outcome is reached?

Once an agreement is reached, your lawyers will put it into effect, obtaining a formally binding Court Order without you having to go to court.

What if talks break down?

At any time during the sessions either of you can terminate the process through a Formal Notice of Withdrawal if you feel no headway is being made. Again, as in mediation, failure can be avoided with the right support, including where necessary, an early neutral evaluation or arbitration on disputed legal issues.

What is the difference between mediation and collaborative family practice?

In mediation, family mediators are neutral – they cannot give advice to either party as their role is to facilitate discussions.

This differs from collaborative family lawyers who can advise those they represent at the same time as conducting the negotiations. As highlighted above, collaborative lawyers sign up to an agreement not to go to court, which provides a positive investment in the process for the whole team.

What is arbitration?

Arbitration is a private court hearing where divorcing couples take on a ‘private judge’, officially known as an arbitrator, to achieve a resolution to their financial settlements.

How does it work?

Like mediation and collaborative family practice, this option, also conducted in a safe and confidential environment, can avoid a prolonged, expensive and, potentially, public court hearing.

Similar to a judge, the arbitrator hears evidence from both of you, collects relevant facts and bases their decision on the evidence, considering the views of you both.

The arbitrator then makes an Award over who should have what which is final and binding.

What are the advantages and disadvantages?

Divorcing couples have the same arbitrator through the process, something which rarely happens at court where different Judges are involved at different stages of the proceedings.

Quicker, confidential and more flexible than a court option, there is a substantial cost saving when delays are avoided. Divorcing couples set and agree their own timetable at the outset.

If an arbitrator is to be used, this is something which must be agreed. There is no power to compel anyone to arbitrate. Also, arbitrators have no power to secure disclosure from third parties such as accountants or financial advisors or instruct them to present evidence at meetings.

Can couples involved in a court divorce opt for arbitration?

Yes. Court rules give judges the power to halt court proceedings to give you both the opportunity to resolve the dispute through arbitration or indeed any other form of NCDR.

In what circumstances do couples choose a court divorce?

This largely depends on the advice which couples receive. Whilst most lawyers will explain all the dispute resolution options to clients, some, who may perhaps have less or no experience of NCDR, are more inclined to recommend court applications.

The court process has its place. A Judge has the power to compel the production of financial information, ultimately by sending someone guilty of non-disclosure to prison. The court can also order third parties who hold information relevant to the case, for example accountants and other advisers, to provide information. In extreme cases a court can make orders without any engagement from one of the parties.

What does a court process entail?

Before an application can be made to the court for a Financial Order an application must have been made for a divorce or dissolution of a Civil Partnership. The various steps required to get a divorce can be found on the Government website.

As outlined above, before a court application can be made for a financial or children order, every divorcing couple must also attend a Mediation Information and Assessment Meeting

A financial application will involve the exchange of full financial disclosure followed by a series of up to three main court hearings.

What are the pros and cons of a court process?

The role of the court is to encourage parties to make agreed decisions about their finances and children and, in default of agreement, to make binding decisions for them

Court orders, whether made by agreement or imposed by a Judge, are legally binding and enforceable.

There is no privacy in a court divorce, where the proceedings are open. Since 2023 journalists have been able to report in family law courts on cases which include the wellbeing and future of children whose parents are divorcing.

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

Court hearings can be costly, stressful and time consuming. They can heighten conflict between the couple and run the risk of a case being adjourned or unfinished due to pressure on court time or a judge becoming unavailable.

The duration of a court divorce can vary significantly from a few months to years if the divorce is contested.

The breakdown of a marriage invariably leaves those involved emotionally and physically drained and few couples take the decision to separate and divorce lightly

Knowing where to start on this critical path, which will impact on the future of all involved and affect the wellbeing of children involved, can seem overwhelming.

Whichever route you take when embarking on divorce, it is critical that you secure the best possible legal advice.

I cannot emphasise enough the importance of working with 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.

Because we understand that every case is different, our family law experts, who are leaders in their field, deliver a bespoke service, outlining options and offering legal and practical advice at every stage to help them make informed decisions.

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

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