Divorce News

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Read more articles by Mills & Reeve.

About Mills & Reeve

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

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

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

About Zoe Fleetwood

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

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

About Annie Wogel

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

When One Household Becomes Two: The Retirement Crisis Hidden Inside Divorce
Cropped closeup focused image. Savings concept. Caucasian old elderly senior grandparents couple husband wife spouses putting coin into moneybox, economy for nest egg, pension, mortgage loan at home
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When One Household Becomes Two: The Retirement Crisis Hidden Inside Divorce

Sarah Hawkins
Sarah Hawkins
CEO
National Family Mediation (NFM)

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

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

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

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

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

That simply isn’t what we see.

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

Those immediate pressures naturally dominate conversations when relationships break down.

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

Pensions are rarely the first thing people mention.

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

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

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

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

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

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

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

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

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

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

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

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

But perhaps there is another question worth asking.

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

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

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

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

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

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

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

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

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

Read more articles by Sarah Hawkins.

About Sarah Hawkins

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

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

Family Court Leaves Children In Uncertainty For Nine Months
a classroom, a lecture, a lesson is going on, students are listening to the teacher, the teacher talks about the new theme of the lesson
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Family Court Leaves Children In Uncertainty For Nine Months

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

 

 

 

 

 

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Read more articles by Mills & Reeves LLP.

About Alison Bull

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

About Donna Morgan

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

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

About Jane Ingleby

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

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

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

Katie Jennings
Katie Jennings
Solicitor
Jones Myers

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

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

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

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

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

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

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

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

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

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

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

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

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

Read more articles by Jones Myers.

About Katie Jennings

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

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

New Guide to International LGBTQ+ Laws
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New Guide to International LGBTQ+ Laws

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.

Potanina-v-Potanin: Divorce Experts Share their Views
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Potanina-v-Potanin: Divorce Experts Share their Views

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:

Journalists Can Now Report on Family Law Cases in Court - Is This Good or Bad?
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Journalists Can Now Report on Family Law Cases in Court – Is This Good or Bad?

Anthony Parrish
Anthony Parrish
Partner
Jones Myers

Sponsored post by Jones Myers.

In a milestone development starting this week, accredited journalists can report in family law courts on cases which decide the future and wellbeing of children whose parents are divorcing.

They can also report on cases which determine if children should be taken into care.  

Whereas the media have previously been allowed to observe such hearings since 2009 – but only report on what a judge allowed – they can now write in detail on cases, have access to some legal documents and interview families about their cases – providing their identify is protected.

The move follows a two-year pilot scheme covering private and public law children law cases. It aims to remove long-standing concerns about the ‘secrecy’ surrounding family courts, create greater transparency and build public confidence.

As a whole, our Children’s Department – which covers every area of public and private children law – sees the change as a favourable move.

There are some reservations however about how those who represent themselves in Court Proceedings – because they either can’t afford a family lawyer or simply choose to do so – may try to use the media to their own advantage.

This could apply in situations where they portray the other party in an unfavourable light or put their privacy at risk. Such scenarios raise concerns about safety and especially around the potential for social media platforms to be abused.

On the positive side, as long as journalists adhere to responsible reporting, the development will provide a constructive insight in helping the public to understand the realities of the Family Court System – and for an unbiased approach to be taken.

The new reporting freedoms could also see divorcing couples – particularly those with a profile in their community who are concerned about protecting their own and their children’s privacy – resolve matters out of the courtroom glare.

This can be achieved through alternative routes such as mediation or the collaborative process which help separating couples to find an agreed way forward in a constructive, positive manner.

Less costly, acrimonious, and drawn-out, these alternatives protect children being exposed to the fall out of their parents’ relationship. They prioritise children’s well-being and help the long-term interests of all those involved in the break-up.

Our family law experts are at the forefront of options which take a non-confrontational approach to relationship breakdown and put children’s best interests first.

The specialisms of our award-winning Children’s Team span residence, contact, relocation, international child abduction, adoption, and child protection.

Dedicated to consistently delivering excellence, we act for parents and grandparents, we represent children, through their court appointed Children’s Guardians allocated by Cafcass. We also act separately for children of a significant age and maturity.

Our extensive expertise includes a Family Law Mediator, a Child Inclusive Mediator, Collaborative Family Lawyer and In House Counsel.

For queries on children law, mediation, or other family law issues, call Leeds 0113 246 0055, Harrogate 01423 276104, York on 01904 202550. Visit www.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

Jones Myers blog is ranked 7th in the UK’s Best 25 family law blogs and websites to follow in 2025.

Read more articles by Anthony Parrish and Jones Myers.

About Anthony Parrish

Anthony Parrish’s extensive experience in family law spans over two decades, during which time he has developed specialisms in matters relating to children law.

A member of Jones Myers internationally renowned Children’s Department, he deals with issues relating to children, teenagers, parents (including those represented through their official solicitor) and local authorities.

His expertise also encompasses international child abduction cases and same sex relationship issues.

REVEALED: The UK Cities Googling Most About Divorce in 2024
Photo by Firmbee.com on Unsplash

REVEALED: The UK Cities Googling Most About Divorce in 2024

Lauren Laverick
Lauren Laverick
Solicitor
Beecham Peacock Solicitors

In 2022, it was revealed that Birkenhead was the #1 area searching for divorce in the UK from September 2019 to September 2020 – a unique period when marital bonds were challenged throughout the COVID lockdown.

The findings were collated using Google keyword data, finding the area in the UK where the highest number of people are searching for divorce information. Topping the list was the likes of Birkenhead, Birmingham and Bradford.

Fast-forward two years, the UK’s social and political landscape is once again almost unrecognisable: two new Prime Ministers, social tensions over foreign wars, eco-anxiety, recession and a ravaging cost-of-living crisis have all contributed to the national stress.

With one in five of us experiencing stress every single day, we wanted to see how this stress was yet again impacting the UK’s love life – returning to the Newcastle family law specialists at Beecham Peacock Solicitors for their analysis of the latest findings from July 2023 to June 2024.

Key findings:

  • Plymouth is now the UK’s #1 hotspot for divorce.
  • Birkenhead has been demoted, now sitting at the third-highest divorce hotspot.
  • January is the most common month that people search for a divorce.
  • Kingston-Upon-Hull has the highest year-on-year increase for divorce searches.

The heartbreak cities:

Using data from Google’s Keyword Planner tool, Beecham Peacock has identified how many people are searching for divorce in each city, using this data to find the cities with the leading number of searches every month for “divorce” per 100,000 people.

  1. Plymouth – 27.77 monthly searches per 100,000 people.
  2. Portsmouth – 26.89 monthly searches per 100,000 people.
  3. Birkenhead – 22.87 monthly searches per 100,000 people.
  4. Leeds – 22.06 monthly searches per 100,000 people
  5. Bradford – 21.11 monthly searches per 100,000 people.
  6. Bristol – 16.25 monthly searches per 100,000 people.
  7. Leicester – 15.4 monthly searches per 100,000 people
  8. Belfast – 13.11 monthly searches per 100,000 people.
  9. Hull – 13.02 monthly searches per 100,000 people.
  10. Birmingham – 11.53 monthly searches per 100,000 people.
  11. London – 11.16 monthly searches per 100,000 people.
  12. Manchester – 9.84 monthly searches per 100,000 people.
  13. Liverpool – 8.09 monthly searches per 100,000 people.
  14. Glasgow – 7.14 monthly searches per 100,000 people
  15. Edinburgh – 3.26 monthly searches per 100,000 people
UK Hotspots for Divorce
Graphic supplied by Beecham Peacock Solicitors

The findings:

Birkenhead will be happy to hear that it has been dethroned as the #1 UK hotspot for divorce, being succeeded by Plymouth at #1 and Portsmouth at #2 with 27.77 searches per 100k people and 26.89 searches per 100k respectively.

Plymouth saw the largest increase in the top three, with monthly searches for ‘divorce’ increasing by 143% year-on-year since 2023. Searches in Birkenhead saw a notable 75% increase, after recovering slightly in 2023 with 16.33 searches per 100,000 people. Searches in Portsmouth increased slightly since the previous year also, rising by 22%.

Hull, UK
Photo by 43 Clicks North on Unsplash

Shock results: Hull & the New Year

Most shocking of all in the data provided by Beecham Peacock is the year-on-year increase of Kingston-Upon-Hull and the average month in which divorce is searched across all cities.

Hull saw the largest year-on-year increase in monthly searches for ‘divorce’ out of all of the cities analysed. Here, searches rose by 350% since 2023 – that’s over double the increase of Portsmouth, which saw the second-highest year-on-year increase of 143%.

Additionally, Beecham Peacock has found that January is the most common month in which we see an increase in searches for divorce.

The areas which saw the highest search increases in January were more likely to have higher total searches per 100,000 people, suggesting that January is the breaking point for most considering a divorce.

A closer look at the data reveals a pattern of searches rising the most in months outside of spring and summer. Searches peak in months starting from August (the end of summer) through to January (the peak of winter), with the extreme of the peak rising the further into winter we get.

Google Search Volumes for Divorce
Graphic supplied by Beecham Peacock Solicitors

Do more couples separate in winter?

An influential study by Professor Julie Brines in 2016 found that divorce is in fact seasonal, with most breakups happening in winter and official divorce filings happening a couple of months later into the new year.

This is due to numerous factors, including the pressure of the holiday season to be happy and family-oriented, leading couples to a realisation that their relationships have fallen flat.

This theory lines up with Beecham Peacock’s findings, especially in relation to the peak of ‘divorce’ Google searches in January – immediately after the festive holidays. It seems January acts as the investigation stage into filing for divorce, with the official separation taking place in the coming months.

“Divorce can be a daunting and incredibly stressful life change,” says Lauren Laverick, divorce solicitor at Beecham Peacock. “We understand taking that first step takes a lot of courage, and the quicker a divorce can be processed, the sooner couples can begin to heal amicably. A considerate and understanding approach to divorce proceedings is paramount, so we hope the people of Plymouth are confident that they are being represented with their best interests at heart.”

Read more articles by Beecham Peacock Solicitors.

About Beecham Peacock

Established in 1953, Beecham Peacock is one of the North East’s leading law firms with a wealth of experience in a myriad of different legal fields. Its team of expert solicitors includes specialists in wills, trusts and probate, personal injury, family law and employment law. The firm also offers a wide range of other legal services.

Divorce Month 2024: Trends, Statistics, and Financial Realities.
Image by bearfotos on Freepik

Divorce Month 2024: Trends, Statistics, and Financial Realities

Peter Marples
Peter Marples
Editor at The Divorce Magazine
Director at Fair Result

As the clock struck midnight on the 1st of January 2024, not only did it mark the beginning of a new year but also the renowned “Divorce Month.” This annual phenomenon sees a surge in enquiries to family lawyers from couples seeking to untangle the threads of their marriages. However, this year’s Divorce Month may differ, according to recent research that unveiled the profound impact the cost of living crisis had on divorce proceedings.

In this blog post, we will delve into the key divorce statistics and trends, shedding light on the financial pressures causing delays and explore why many individuals choose Divorce Month to initiate this stressful process.

The Cost of Living Crisis and Its Ripple Effect on Divorce Proceedings

Legal & General’s research reveals a staggering statistic – the cost of living crisis has led to the postponement of 19% of divorces, involving a staggering 270,000 couples. Fair Result emphasises that financial pressures, including income concerns, cost of living pressures, and the expenses associated with divorce, have become significant deterrents to separation.

The Economic Strain and its Role in Delaying Divorces

Peter Marples, Director at Fair Result said, “While financial pressures can be a breaking point for some couples, they also serve as a glue, keeping others together. The challenging economic landscape, characterised by inflation and interest rate rises since 2020, has made it difficult for families to navigate the complexities of divorce. Selling and buying homes, new mortgage rates, and maintaining two households have become unattainable for many.”

Divorce Month: A Consequence of Economic Challenges

The timing of divorce enquiries, particularly on the first working day after the new year, has earned the title “Divorce Month.” However, the research suggests a shift in this trend, with 272,000 divorces reportedly postponed due to financial concerns. The economic strain is evident, as 48% of divorcees experienced a 31% reduction in their incomes, leaving them with an average of £9,700 less each year.

The Overlooked Role of Pensions in Divorce

Surprisingly, despite the financial implications of divorce, only one in five couples discussed their pensions when dividing assets. The Pensions and Lifetime Savings Association (PLSA) released guidance on how private workplace pension schemes could aid spouses during divorce, highlighting the importance of considering long-term financial implications.

The Fallout on Retirement Funds

The impact of divorce on retirement funds is significant, with an average monthly reduction of £63 contributed to pension pots. Joe Dabrowski, Deputy Director of Policy at the PLSA, emphasises the importance of ensuring both parties are provided for in retirement, especially when one party has been the primary earner.

Divorce Statistics and Trends in 2023

A comprehensive look at divorce statistics from 2023 reveals a changing landscape. The introduction of no-fault divorce laws in April 2022 aimed to reduce conflict among divorcing couples. Between April and June 2023, there were 24,624 divorce applications under the new law, marking a 30% decrease from the previous year when the law was first introduced.

Reasons Behind January Divorce Enquiries

The tradition of Divorce Month, often fuelled by media reports, is questioned by family lawyers who note similar peaks in divorce enquiries in other months, such as September. The post-holiday period brings a culmination of pressures, from the demands of the festive season to the desire to create a perfect Christmas. Couples may also postpone divorce until after Christmas, attempting to save their marriage or provide one last united holiday for their children.

When is the Right Time to Start a Divorce?

Divorce Month does not impose a mandatory starting point for divorce proceedings. Understanding the readiness to divorce involves considering various factors. The decision may stem from the pressures of the festive season, the desire to save the marriage for one final Christmas, or the reflection and resolutions that come with the new year.

A New Chapter and Positive Resolutions

Amidst the challenges, divorce also signifies a new beginning. Individuals contemplating divorce are encouraged to communicate and resolve disputes amicably, focussing on co-parenting for the wellbeing of their children. The end of a marriage can be an opportunity for personal growth and positive change.

Final Thoughts

As we navigate Divorce Month 2024 against the backdrop of a cost of living crisis, it is crucial to acknowledge the challenges and opportunities presented by divorce. If you are considering divorce, seek the guidance of divorce professionals to ensure a fair and equitable process. Whether it’s financial advice or legal support, taking proactive steps can pave the way for a smoother transition. Embrace the new chapter that awaits and ensure that the decisions made during this challenging time lay the foundation for a brighter future.

Do you have any questions or need support with initiating divorce proceedings? Contact our team of experts today.

Read more articles by Peter Marples.

About Peter Marples

Peter Marples – Director of Fair Result and qualified accountant, with the determination to change the way divorce is transacted. For further advice on financial settlements and navigating divorce, use the contact details below:

  • Email
  • Give the team a call – 07500933818 or 0333 577 7009
  • Complete an enquiry form
Clients deserve quality and transparency: why unregulated firms need to be stopped.
Photo by Sergey Zolkin on Unsplash.
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Clients Deserve Quality & Transparency: Why Unregulated Firms Need to be Stopped

Nicki Mitchell
Nicki Mitchell
Partner
Jones Myers

I welcome the news that The Competition and Markets Authority (CMA) is to investigate claims of people being misled about the process and prices of divorces and wills by online firms.

The enquiry into the growing number of online services – many of which are unregulated and include  those offering divorce – comes after a raft of complaints from consumers who were unclear about what help they would receive -and exactly what they were paying for.

Their grievances included ‘inadequate quality’ with incorrect forms being used and papers being sent to court late.

Delivering a quality service and being open about the costs and level of support involved is always vital, particularly in these sensitive and often stressful areas.

When they see the word “divorce,” most couples understand that to mean not only the process of dissolving the marriage or civil partnership – but getting a financial settlement and resolving any issues around children too.

My experience is that the fixed fee quoted online by some organisations just brings the relationship to a formal legal end – something which divorcing couples can do relatively easily themselves online. This process does not take much time and the only cost involved is the £593 court fee.

When working with established family lawyers like us, aside from the court fee, there is often a minimal or even no charge for dealing with the online divorce process when we are instructed to advise on the financial implications.

Some firms also quote a fee for drafting an order to formalise an agreed financial settlement which can be helpful in some cases.  However, most separating couples have no real idea what their financial options on divorce are.

There is a common perception/misconception that everything is always split down the middle, but this is not necessarily the case.

The law requires there to be a settlement which is “fair in all the circumstances,” with first consideration being given to the needs of any children. A 50:50 split is not always “fair.”

The only way to understand what a court is likely to consider acceptable in your particular circumstances is to take advice from an experienced family lawyer.

There is a cost but, in most cases, you get what you pay for – a quality service from qualified family lawyers whose firms are regulated and transparent.

As part of the CMA investigation, consumers and others who would like to contact the CMA about their experiences with online services and regulated firms are asked to contact the watchdog by September 4 on this website.

If the watchdog’s investigation determines that organisations have violated consumer laws, those found wanting could be subject to a court order.

I sincerely hope the outcome will act as a deterrent to prevent more people falling prey at a time when they are at their lowest and most vulnerable.

For progressing divorces online, the Government website is a helpful source of advice.

Read more articles by Nicki Mitchell.

About Nicki Mitchell

Nicki is a partner at Jones Myers Family Law Solicitors. 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.

Skilled in mediation and collaborative family lawyer, Nicki is also a Child Inclusive Mediator which enables her to meet with children of separated parents and hear what they want for their future.

The New Pension Rules and Divorce - Don't Leap too Soon
Photo by Alex Boyd on Unsplash.
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The New Pension Rules and Divorce – Don’t Leap too Soon

Peter Marples
Peter Marples
Director
Fair Result

The recent announcement by the Chancellor to release the pension cap and the annual contribution limit was seen by many as a tax break for the rich.

However, the major beneficiaries of this change was those people in the Public Sector with Senior Roles such as Headteachers, Consultants, GP’s and Civil Servants, most of which are on either final salary or average salary pension schemes.

Why? Because many had already reached the maximum pension allowance and their marginal rate of income tax was becoming such a disadvantage that many had decided to retire.

So it is a good thing that you can add more to your pension fund and benefit from this in retirement – for many yes, but for those contemplating divorce or more particularly those that will be in receipt of a pension sharing order, the benefits are not so obvious.

With over 1/3 of the working population in the public sector, with the prevalence of final or average salary pension funds being prominent in the Public Sector it is not surprising in divorce that the pension is often the major element of the financial settlement.

The number of times we have seen, more often than not the wife in receipt of a large pension sharing order running to many hundreds of thousands of pounds is more common than you think. BUT, very few lawyers or even fewer pension advisors actually tell you that the devil really is in the detail of the pension funding rules themselves. We pride ourselves in giving fair advice to our clients and increasingly that advice is not to take a pension sharing order or at least to consider fully the implications of doing so. So let us pose a few questions, the answers for which might surprise you:

The value of my pension sharing order goes into my estate if I die early?

Nope – if you die, the vast majority of your pension sharing order is returned to the Chancellor of the Exchequer and your estate receives little or no benefit.

My pension is liquid and I can move it?

Nope – scheme rules are clear and different for each scheme. You cannot move funds in most schemes and they are certainly are not liquid. Contrast that with you taking a larger percentage of the family home in the divorce settlement and not a large pension sharing order. Your property is liquid, carries little risk and is yours to do what you want with

If I die before I can draw my pension then my will provides for the money to be distributed?

Nope – if you die before you can draw from the scheme, you get nothing. Just think if at 40 you took a £200,000 pension share and died at 55 – your divorce settlement in this case was not worth a great deal.

So I can draw my pension at 60 ?

Nope – all schemes have different rules. For example, the Fire Service pensions have three schemes and the earliest draw down for the annual pension in one of these schemes is 67 ! – yes 67.

Summary

So in summary, the new requirements allow more money to go into the pension which gives a larger part of any divorce pot being attributable to the pension itself. On face value, good news but unless you can get at it, then it is worth very little.

Each case is very different and needs to be considered, so but don’t just think a big pension sharing order means a great settlement. We would trade a pension for cash in a property NOW every day of the week because you just don’t know what might happen and with a property, you can leave it to your kids or even the RSPCA.

Read more articles by Fair Result.

About Peter Marples

Peter Marples – Director of Fair Result and qualified accountant, with the determination to change the way divorce is transacted. For further advice on financial settlements and navigating divorce, use the contact details below:

  • Email
  • Give the team a call – 07500933818 or 0333 577 7009
  • Complete an enquiry form
No-Fault Divorce - One Year On
Photo by Kelly Sikkema on Unsplash.
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No-Fault Divorce – One Year On

Peter Burgess
Peter Burgess
Founding Partner & Mediator
Burgess Mee Family Law

Contrary to critics decrying no-fault divorce for hastening the demise of marriage, we do not expect the new laws to prompt a long-term rise in the divorce rate. While the number of divorces in April 2023 was double the April 2022 figure, this was likely a temporary spike driven by couples who had been waiting to take advantage of the new no-fault provisions.

The process to apply for a divorce has been streamlined, reducing the early administrative work about who will file, and the basis on which they will do so. It provides separating couples with more certainty and less stress from the outset of their divorce proceedings, encouraging an amicable rather than adversarial approach to achieving fair financial and child agreements.

We have seen an increase in couples using mediation to agree a financial settlement and arrangements relating to their children, rather than heading to the courts, and we expect this trend to continue.

The government is also considering a significant change to the role of mediation within the resolution of disputes to make it mandatory for court users to have attended mediation, suggesting a strengthening of the current use of Mediation Information and Assessment Meetings and more judicial powers to refer into DR processes.

For a reluctant or litigious respondent to the divorce, there is certainly far less opportunity to slow the process down, because it is no longer possible to defend a divorce by objecting to the particulars of a petition.

Meanwhile, the government has recently announced a Law Commission review into the law governing financial provision on divorce. While we await the details of any proposals for reform, any change would need to be the subject of careful consideration, as the current framework provides a discretion that protects from unfair outcomes.

Read more articles by Peter Burgess.

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