divorce lawyers - Page 2

Our Relationship is Over: What Do I Do Now?
Image by freepik
//

Our Relationship is Over: What Do I Do Now?

Published on
James Pirrie
James Pirrie
Director at
Family Law in Partnership

Let’s not sugar coat it, this question “what do I do now?” (at the moment you know you will separate) is the single most important question you will answer in this whole chapter of your life. There will be a lot of other questions that you will be coming to, but get this one right and you should be able to avoid the unreasonable positioning and exhausting demands of a slow process that will cost eye-watering amounts, to achieve to your best possible outcome.  

Here are my ten top tips from helping clients through this part of their lives for the past forty-something years.

1. Ensure you are safe 

Ensure your safety and the safety of your children.  If there is a risk to this then it will dictate how you address the rest of these tips.

Safety at the end of a relationship is a whole topic on its own and planning for it will depend on your situation.  In controlling relationships, it is likely that a whole range of strategies will have been put in place around you by your prospective ex, with the intention of making it impossible for you to go.  The single most important thing is to reach the realisation that yes you are going to leave – it is then about getting the support to manage your way out of the maze. If you need help to leave safely, there are amazing organisations that can help you manage a safe exit.  Everything follows from this.

2. Manage your emergencies

In the same way, some separations have emergencies – personal safety is the most important.  Others can include:

  • jurisdictional races (where one of you could start proceedings in a different country, you may need to act quickly to ensure your divorce takes place where your needs and those of the children will be met favourably)
  • a child being taken abroad to separate them from you (child abduction)
  • information or assets being hidden or disposed of 
  • your being isolated from funds.

Some of these you can address in part – or at least make easier – but many of them are going to require immediate professional help, probably from a solicitor.

The rest of the “to-dos” are subject to emergencies – sometimes you won’t have time to plan your best path, you will feel bounced around by circumstance. Just carry on trying your best, accepting where you are and planning from there. 

3. Consider couple counselling

If there are no safety concerns, this is a consideration that you should not skate past. I have worked for too many people who have said their ex has come back to them some years down the road saying “I got it wrong – I don’t know what I was thinking- is there a way back for us?”. For me that points to a missed opportunity for some serious conversation around what was not working in the relationship and each person’s capacity for change. Of course, the result may still be that you decide to separate, but talking things through a counsellor is also likely to reassure and make for better progress if you do decide to part. 

4. Be kind if you can

So often, perhaps when people come to me midway through, they seem to be in a terrible situation, which they are finding hard to understand. There might be brutality around disclosure or how the finances are being managed for the interim or how arrangements are being set around the children. It is all a bit destructive and aimless, which is a surprise as they’re decent people. So, what went wrong?  Well usually it is about how things started.  

Actions like deception and adultery matter (see my blog here on this very point) – perhaps not to the professionals who know the courts don’t care, but they really matter to the person being deceived and to their kids when they find out.  Brutal and sharp separations are like throwing a huge slab of concrete into a small pond – the splash and ripples are going to play havoc for a while and in unexpected ways.  Stepping out slowly and gently with empathy respect and understanding, can help everyone get through to the smart choices more quickly.

5. Start early

It follows that planning and starting early is usually a positive too, you can pace things more calmly. You don’t find yourself suddenly desperate that it all has to be sorted by the weekend. (That “I have just had it up to here” moment). It also means that you are less likely to be bounced into the “well I am leaving you” discussion at the worst of times in the heat of an argument.  These things are going to be tough and thinking about how to do it in the best way, in the calm, will pay dividends.

6. Get support

All of that is going to point towards you getting individual support.  So many  people say “I don’t need that fluffy stuff …” or “we are not getting back together”. But that is not what this is about. It is about understanding where your ex is and what they are going through. It is about helping you to think of this from their side to be able to move things on in the best way possible. It is tough.  It is practical. It is also short term and goal-oriented.

Find the right support and you will be challenged to do this well, but also supported to do so.  That’s why I recommend that you get professional support – not just support from your mates or family:

This is the other response to my recommendation of professional expertise is “well I am talking to my friends.” The problem with relying solely on friends and family is that:

  • They care too much and as such, are likely to operate like an echo chamber for you: they want to be supportive and are likely to tell you what they think you want to hear – which is not always what you need to hear
  • They may bring their own unresolved personal issues to the conversation and that is not helpful 
  • They don’t have the training to help you process everything in a constructive way 
  • Their advice is likely to be on the hoof, quick answers without the depth of consideration that is really needed
  • You may find yourself managing your choices to keep them satisfied.

Without meaning to cast aspersions on your inner circle, you are also sharing confidences with them which may well be shared with others. 

I could go on but in essence, therapists are likely to be the most valuable in monetary terms. Find the right one and use them.

7. Think and write

So you know you are going to need to get some advice and guidance (how else are you going to have the anchor of knowing your rights and obligations – how else would you recognise a good deal?). Lawyers charge by time and will read a well-organised briefing way quicker than they can ask questions and you answer them. Many firms will have an information gatherer on their website. If you want to get the most from your time with a lawyer and keep costs time, you would prepare:

  • A balance sheet of where you are now:
    •  who is in the family and who are the relatives and important other people in your lives
    • all the dates and details that are going to be needed such as when the relationship started, was formalised and ended
    • and yes those financial numbers all pinned down so far as known. 
    • In addition there will be descriptions of what is going on – what everyone is like; how are your children doing, pictures etc.  
  • An account of how you got here this is likely to take in your families of origin, education, careers, first homes, challenges and so on
  • And then the quick fire document for a first call: The super brief summary and a clear vision of what you want and what you think are the hurdles to getting there.

Indeed sometimes I think that this last piece of knowing what you are needing is the single most important piece of work that will be in your briefing for the next step.

8. Find the right professional

This can feel like a minefield. There are directories ranking legal professionals, but they may not be your best starting point.  What you are likely to want is that skilled professional whom you trust because they get you and their values resonate with yours, simple as that.  

When you are researching there will be lots of focus on who does what process and your head can spin with the terms likely to be coming at you:  negotiation/ collaborative/ co-operative/ one lawyer/ together/ amicable/ litigation/ mediation/ child inclusion/ hybrid/ integrative, but that shouldn’t be your worry: Your job is to be clear about your needs (those hurdles you identified at stage 7), not the process (which is what the professional brings to accommodate them). It is the professional’s job to show that they have heard you and to explain their recommendation.  If you are convinced, you have the start of your plan. If you are not then say so – if you are not heard, you may not be in the right room so think about moving on now.  

It is why you might do well to choose a professional who is serious about all the different ways of doing things – it will ensure you are presented with all the options. Many lawyers will only have one qualification, permitting them to negotiate your case  with the court as a fall back and the court is the last place most people want to end up.  If your lawyer doesn’t know, isn’t familiar with and doesn’t use collaborative, mediation or arbitration  then just have in mind that these ways that might suit you better will probably not be on the menu for discussion.

9. Be brave …ish

Sitting down to talk with your ex may be absolutely the last thing you want to do, and of course you shouldn’t compromise safety, but for most people, a professionally assisted conversation with a neutral person (likely to be in mediation – but potentially “one lawyer”) is likely to be the fast route to finding the best solution. Your ex is likely to have a view of what they think the outcome should be and they are going to hang onto it until you can show that you have heard them. It is much harder to do this if your discussion is via letters and emails being fired between lawyers from their respective trenches a seeming “safe” distance away from each other.

The right mediator will help you both to manage a safe and productive conversation even in difficult situations. There would be an assessment and  intake process (called “a MIAM”, standing for Mediation Information and Assessment Meeting) when you can gather an understanding of what mediation would be like and talk through whether it is for you. In fact, you are required in most situations to have this meeting even if you wanted ultimately to go to court and I would encourage you to enter this meeting with an open mind as there is a lot of flexibility in mediation and other processes which may mean they are better for you.

10. Think kids

So obvious you may say it didn’t need saying. Where you have children, they are likely to be the lens through which all of this is viewed, you will consider your children:

  • when you take steps to start
  • in how you manage the relationship with your ex (because you are usually going to be co-parenting long term so you will not want to lay waste to how you talk to each other)
  • in the choices you make (for example the geography of your homes and family-friendly career-choices)
  • in the timing of any new relationship
  • in how you work out care and decision making: your children are part of each of you, they need safe arrangements to have a relationship with each of you if possible – and ideally each of you supporting the other to be the best parent you can be.

There is a lot to consider and it is all too easy to delay. But whether this relationship is your future or not is for you to decide and in your heart you will know the answer to that (especially if you have been through tip 3).  

If this relationship is not working and can’t be made to work, it is unlikely to be the best example of “adult relationships” for your kids, but beyond this, please don’t become that person I see so regularly who says “now I know about it all, I should have done this a decade ago, it would have been better for everyone.”

Read more articles by James Pirrie.

Read more articles by Family Law in Partnership.

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.

You might be interested in

Mapping Domestic Abuse in England & Wales: The Areas Most Heavily Affected
Image by krakenimages.com on Freepik

Mapping Domestic Abuse in England & Wales: The Areas Most Heavily Affected

Published on
Charlotte Talbot
Charlotte Talbot
Partner – Family Law
Beecham Peacock Solicitors

Google Search Data Highlights The UK Areas Searching For The Domestic Abuse Hotline Most Often

TW: Please be aware that this article discusses domestic violence and violence against women and girls (VAWG). If you are affected by these issues, you can find free and confidential support and assistance via the organisations listed at the base of this article.

On July 24th 2025, the ONS released new statistics revealing the continued growth of the “combined measure of domestic abuse, sexual assault and stalking” in England and Wales – referring to how commonly women and girls were exposed to these crimes in 2024.

Produced on the back of the government’s commitment to halve violence against women and girls (VAWG) in the next decade, the report reinforced a disturbing truth: VAWG is a UK epidemic that is only worsening with time. 

The report found that 12.8% of women and girls over the age of 16 have been victims of domestic abuse, violence or stalking – that’s almost one in eight. Survivors of such abuse are affected physically, mentally, financially and socially.

But these statistics only take into account reported crimes. A significant amount of VAWG goes unreported, due to fear of retaliation or repeated offences, the belief that a survivor will not be believed – largely due to the stigma and misogyny concerning this issue in the UK – an understandable lack of faith that real change will happen, and more. 

In May of this year, the government announced a £20 million boost to expand specialist support services for domestic abuse victims, a long-overdue lifeline for crucial services that have seen increased strain over recent years. The recent Women’s Aid’s 2025 audit indicates just why this intervention is so important, citing increased demand, with 60.1% of referrals to refuge services being rejected due to capacity issues.

Included in this funding boost was £6 million specifically to support allocated helplines, a 20% boost year-on-year. This would help provide 24-hour support for those seeking immediate help regarding VAWG.

Beecham Peacock, a Newcastle-based family law specialist, works to help victims and survivors seek the justice and compensation that they deserve following VAWG incidents and continued abuse.

Inspired by the invaluable work these essential helplines offer – often acting as the first port of call for those who have decided to speak out – Beecham Peacock has decided to investigate the areas in England and Wales that have seen the highest increase in searches for ‘domestic abuse helplines’.

It is essential to highlight the ongoing and widespread nature of VAWG. The hope is that, with enough attention brought to the issue, further funding can be brought to help keep vital services open across the UK.

Methodology

Beecham Peacock used Google Search Data to find the volume of searches for ‘domestic abuse helpline’ and ‘domestic abuse help’ in every county within a region. The total number of people within the country (according to Google’s metrics) was then factored in to find the number of searches per capita.

Research by Beecham and Peacock LLP

Charlotte Talbot, specialist family law solicitor from Beecham Peacock, had this to say about the findings:

“Overall, searches on Google for ‘domestic abuse helpline’ and ‘domestic abuse help’ were searched most often in Wales (6.03 per 100k), the East of England (4.74 per 100k) and the East Midlands (4.71 per 100k).

“However, it’s important to remember that plenty of women and girls across the country will be in desperate need of support, but not yet searching for resources online out of fear.

“We confidentially support many clients who practised extreme caution when first attempting to access help, such as using anonymous modes on their web browsers. We know that many people who are experiencing domestic violence do not search for support at all, out of fear that a partner will look through their devices and find their search history,” Talbot continues. 

“One of the periods that carries the most risk for women and girls experiencing domestic violence is when they make the decision to leave their abusive partner. This is why domestic abuse services are so important, providing victims and survivors with a safer way out of their situation, as well as continued support and advice.

“But government funding plays a crucial role in supporting these organisations, from traditional forms of outreach – including paying for community workers or leaflet and poster distribution – to providing beds in refuges for both women and their children.

“It’s crucial that we continue to highlight this growing issue and put pressure on the government to take further action today.”

For those who cannot safely access support online, trusted solicitors and refuges can help you find help and support.

If you or someone you love is in immediate danger, dial 999. If you need help but are unable to speak to the operator, respond to their questions with non-identifying noises, such as coughing or tapping. When prompted, press 55 – this will transfer your call directly to the police.

We have also compiled a list of charitable organisations below that provide free and confidential support:

  • Refuge: Free, 24-hour National Domestic Abuse Helpline – call 0808 2000 247 or chat online Monday–Friday, 10am–10pm.
  • Women’s Aid: Free advice and support, whether it’s you yourself who needs help or you’re concerned about someone else. The Women’s Aid Directory contains the contact details of over 550 local support services.
  • Safe Spaces: UK SAYS NO MORE has set up Safe Spaces in banks and pharmacies across the UK. Walk into any participating Safe Space in your local area and ask a member of staff to access the space – you can use the space in any way you see fit. Find your nearest Safe Space.

Childline: If you’re under 18 and concerned about domestic abuse, you can call Childline for free on 0800 1111. Your phone call to Childline will not show up on any phone bills. You can also chat 1-2-1 with a Childline counsellor online.

Read more articles by Beecham Peacock LLP.

About Charlotte Talbot

Charlotte is a Partner in the Family Department at Beecham Peacock LLP. She specialises in all aspects of Family Law. Charlotte qualified from Northumbria University on the LLB Exempting Degree in 2004 and started her training contact with Beecham Peacock in August 2004 and qualified as a Solicitor in 2006. She has been based in the Family Department since qualification and became a member of the Law Society Children Panel Accreditation Scheme in July 2010. She is also a member of the Law Society Family Law Accreditation Scheme and Resolution. Charlotte has extensive experience in all areas of Family Law.

You might be interested in

New Guide to International LGBTQ+ Laws
Image by frimufilms on Freepik
//

New Guide to International LGBTQ+ Laws

Published on
David Allison
David Allison
Director & Mediator
Family Law in Partnership

It’s hard to believe in 2025 that consensual sex between same-sex individuals is still criminalised in a third of the world and there are countries which retain the death penalty.

An exciting and informative international guide of the laws affecting the LGBTQ+ community has been published by the International Academy of Family Lawyers (IAFL) with contributions from specialist family lawyers across the globe.  The guide includes contributions from 56 legal jurisdictions, including several within Africa and the Middle East. 

Each contributor was asked the same set of questions covering topics including the legality of same-sex relationships and gender identity (including legal penalties), relationship status and marriage, as well as parenting.

Whilst there are some bright spots with proper equality before the law for LGBTQ+ individuals, progress is still slow and in parts of the world there has been a worrying regression. For example, in 2021, a Bill titled, “Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill” was presented before Ghana’s 8th Parliament. The primary objective of this Bill was to explicitly outlaw activities associated with LGBTQ+ identities and related practices, including gender identity and gender-affirming treatments.

FLiP director, David Allison, Chairs the Sexual Orientation and Gender Identity Committee (SOGI) of IAFL. He launched the guide at the IAFL’s Annual General Meeting in Kenya, where homosexuality is currently illegal and punishable by 14 years in prison.

He says:

“There is no other guide on this topic that provides expert insight from the very people who act for clients in these cases, in their own words.  It will be an invaluable resource for many. 

We intend for this guide to be a living resource, which is updated regularly to reflect changes in the law, and we want to find contributors in more countries.  Please do get in touch if you are willing to contribute or know of suitably qualified people who can provide information about jurisdictions which are not included in the guide.”

As IAFL President, Rachel Kelsey says:

“IAFL supports all efforts towards full equality of the LGBTQ+ community throughout the world, and the end to rules that discriminate against such individuals and their families. There remains a lot of work to be done and this Guides is part of our contribution.”

You can access the guide at: www.iafl.com/news-blog/2025/sexual-orientation-and-gender-identity-guide/ 

In Kenya David worked with the National Association of Gay & Lesbian Human Rights Commission based in Nairobi on a press release for IAFL. The press release was issued at the General Meeting calling for the elimination of laws that unfairly discriminate against LGBTQ+ citizenry and criminalize countless couples in Kenya.  You can find that release at https://www.iafl.com/news-blog/2025/statement-in-support-of-lgtbq-kenyans-refugees-and-asylum-seekers\

Read more articles by Family Law in Partnership.

About David Allison

David specialises in financial claims on divorce, especially cases with an international element. He has extensive experience in cases where jurisdiction is an issue and those which involve claims for financial relief after an overseas divorce. He is also well known for his work for cohabitants, same sex couples, and civil partners. You can find out more about his work here.

You might be interested in

Coldplay, Cheating and the Courts: What the Law Really Says About Adultery
Image by Drazen Zigic on Freepik
//

Coldplay, Cheating and the Courts: What the Law Really Says About Adultery

Published on
Ellen Nicholas
Ellen Nicholas
Solicitor
Roythornes Solicitors

A few months after a “kiss-cam” moment at a Coldplay concert shook the internet, the ripples are still being felt, both in headlines and potentially in courtrooms. A viral clip showed a well-known tech CEO embracing someone other than his wife, namely the company’s HR manager, sparking widespread speculation about personal and professional fallout.

Consequences of such affairs can carry several after-effects, legal ones too. Yet while the scandal dominates the public imagination, the law around adultery and divorce can tell a far more restrained story.

What counts as adultery in law?

In everyday conversation, ‘cheating’ can be synonymous with everything from text messages to emotional betrayal. English law, however, draws the line more narrowly. Legally, adultery is defined as sexual intercourse between a married person and someone who is not their spouse. Acts short of this – however damaging they may be to trust within a relationship – do not qualify as adultery under the law.

That legal definition often surprises those who expect the courts to reflect the moral weight of infidelity. But the direction of travel in family law has been clear: away from blame and toward resolution.

No-fault divorce and the end of ‘blame’

In April 2022, the ‘no-fault divorce’ has entered the legal terrain. Previously, adultery could be pleaded as a ground for divorce, and while rarely contested, it kept the language of fault alive in petitions. Now, all that is required is a simple statement that the marriage has broken down irretrievably. No proof, no reason, no explanation and certainly no tabloid-worthy evidence are required.

The reform was designed to lower the temperature. By removing the need to point fingers, it gives separating couples a greater chance to part amicably, without animosity. For those experiencing betrayal, this can feel rather unsatisfying. The law no longer distinguishes between a relationship that ends quietly and one that explodes on unruliness.

High-profile divorce vs everyday divorce

The distinction, however, lies not in the courts but in the court of public opinion. For the average couple, an affair can be a painful yet private devastation, handled quietly within the family. For celebrities or business leaders, it becomes a defining story for their public image, highly scrutinised by the press, shareholders and the public alike.

Legally, however, both divorces follow the same process. A Hollywood actor’s affair may fill column inches, but when it comes before a judge, the legal questions are identical to those facing any other couple: how to divide assets fairly and, where children are involved, how to ensure their wellbeing and welfare are looked after.

Does adultery change financial settlements?

Contrary to common belief, adultery has almost no bearing on how finances are settled in divorce. The guiding principle for the courts is need: ensuring both parties, and any children, are adequately provided for. Being unfaithful does not diminish one’s entitlement to a fair division of assets.

There are exceptions, but they are rare. If, for instance, one spouse has channelled marital funds extravagantly into conducting an affair – where examples can include luxury holidays, gifts or property purchases – that reckless spending could be raised. Even then, it requires strong evidence and is unlikely to tip the scales dramatically.

What about the children?

In cases where children are involved, the law is even clearer. The paramount concern of the courts is the welfare of the child. Adultery, in and of itself, is not considered a reason to limit contact between parent and child. Only where a parent’s new relationship puts the child at risk – for example, if it involves unsafe environments – would the court intervene.

This principle reflects a broader truth: children’s wellbeing should not become collateral damage in their parents’ disputes. While one parent’s anger or sense of betrayal may be real and raw, arrangements for children must rise above any animosity.

Beyond scandal: a system built on resolution

Public scandals remind us of how messy human relationships can be. But divorce law in England and Wales has shifted decisively away from punishing misconduct and toward managing outcomes. The aim is to provide a supportive framework for families in transition, not to mete out moral judgment.

For those navigating the end of a marriage – whether quietly or under the glare of cameras – the same structures apply. Infidelity may devastate trust and reshape lives, but in the eyes of the law, it is no longer a decisive factor. What matters most is fairness, respective needs and the ongoing wellbeing of any children.

And while no court can resolve the hurt of betrayal, the system is designed to give couples the tools to move forward – with as little hostility as possible, even in situations when the world might be watching.

Read more articles by Roythornes Solicitors.

About Ellen Nicholas

Ellen is a Solicitor in our Family Team at Roythornes Solicitors. She is passionate about assisting and supporting clients through challenging times in their lives. Her dedication and expertise ensure that clients receive clear, compassionate, and effective legal support tailored to their individual circumstances.

You might be interested in

Potanina-v-Potanin: Divorce Experts Share their Views
Image by freepik
//

Potanina-v-Potanin: Divorce Experts Share their Views

Published on
Sean Hilton
Sean Hilton
Sital Fontenelle
Sital Fontenelle
Peter Burgess
Peter Burgess

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

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

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

Peter Burgess, partner at Burgess Mee, says:

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

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

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

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

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

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

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

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

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

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

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

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

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

Keep up to date with latest divorce news.

About Peter Burgess

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

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

Get in touch with Peter today:

  • Email
  • Call on – 0203 824 9952

About Sital Fontenelle

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

About Sean Hilton

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

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

You might be interested in

Why Prenups are Losing Their Stigma - and Why More Couples Should Consider Them
Image by rawpixel.com on Freepik
/

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

Published on
Fiona Lazenby
Fiona Lazenby
Partner – Family
Knights

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

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

What is a prenuptial agreement really for?

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

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

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

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

Where the change of heart comes from among younger generations

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

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

Are prenups legally binding?

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

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

Who can benefit and what assets can be covered?

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

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

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

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

Common misconceptions

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

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

How to get it right

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

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

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

Keeping it up to date

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

Final thoughts

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

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

Read more articles by Knights.

About Fiona Lazenby

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

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

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

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

About Knights

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

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

LinkedIn

X

You might be interested in

Why a Landmark Ruling Strengthens the Case for Pre-Nups
Photo by Cytonn Photography on Unsplash
/

Why a Landmark Ruling Strengthens the Case for Pre-Nups

Published on
Nicki Mitchell
Nicki Mitchell
Partner
Jones Myers

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.

Read more articles by Nicki Mitchell.

Read more articles by Jones Myers.

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  

You might be interested in

How Does the Supreme Court's Judgement in Standish Affect You?
Photo by Sebastian Pichler on Unsplash
/

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

Published on
James Pirrie
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:

  1. Did she keep it? 
  2. Was it shared?
  3. 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: 

  1. First, to think carefully about whether an asset is one person’s “separate property”
  2. Secondly consider whether the assets have become shared – and this is all about intention – and now form part of the marital property
  3. 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:

  1. think about whether an asset is really one person’s separate property or marital property; then
  2. 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:

  1. 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.

Read more articles by James Pirrie.

Read more articles by Family Law in Partnership.

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. 

You might be interested in

Breaking Up is Hard to Do: Separation, Finances and Children for LGBTQ+ Families
Photo by chris robert on Unsplash
///

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

Published on
Joe Ferguson
Joe Ferguson
Family Law Solicitor
Myerson Solicitors

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

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

Ending the relationship: divorce and civil partnership dissolution

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

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

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

Financial matters: reaching a fair outcome

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

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

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

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

Children: supporting parenthood in all its forms

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

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

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

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

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

Planning ahead for a smoother separation

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

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

Read more articles by Myerson Solicitors.

About Joe Ferguson

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

You might be interested in

Right to Flight: Warning Issued Over Parental Holiday Permission
Image by freepik
/

Right to Flight: Warning Issued Over Parental Holiday Permission

Published on
Natasha Aspinall
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.”

Read more articles by Brindley Twist Tafft & James Solicitors.

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.

You might be interested in

Thinking About A Prenup? Divorce Solicitor Answers Your Most-Googled Questions
Image by freepik
/

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

Published on
Sophia Yau-Rosher
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.”

Read more articles by Beecham Peacock Solicitors.

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.

You might be interested in

Understanding Parental Rights in the UK
Image by rawpixel.com on Freepik
/

Understanding Parental Rights in the UK

Published on
Akwal Ryatt
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.

You might be interested in

1 2 3 4