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Common Financial Mistakes to Avoid During and After Divorce
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Common Financial Mistakes to Avoid During and After Divorce

Published on
Nicki Mitchell
Nicki Mitchell
Partner
Jones Myers

Sponsored post by Jones Myers.

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

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

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

Be Open and Honest

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

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

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

The Importance of Financial Disclosure

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

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

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

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

The Penalties of Concealing Assets

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

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

Include Pensions in Financial Settlements

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

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

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

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

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

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

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

Consider Financial Planning

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

Get a formal Financial Order

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

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

Try to avoid exceeding your budget

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

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

Spousal Maintenance and Child Maintenance

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

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

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

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

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

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

Read more articles by Nicki Mitchell.

About Nicki Mitchell

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

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

Her exceptional track record also includes advising clients on the more traditional methods of resolving issues surrounding family breakdowns.

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

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

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

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

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

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

The Common Misconception: Thinking Everything’s Already Settled

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

It’s not.

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

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

What Happens Without a Financial Consent Order?

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

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

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

What Is a Financial Consent Order?

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

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

Making It Legal: Your Options for Getting a Consent Order

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

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

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

How NFM LegalEyes Works:

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

Help with Costs: Legal Aid and the Mediation Voucher Scheme

Worried about costs? Support is available.

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

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

Why Mediation Still Matters—Even with No-Fault Divorce

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

Mediation:

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

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

Final Thoughts: Don’t Leave Loose Ends

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

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

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

About Sarah Hawkins

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

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

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

Published on
Sean Hilton
Sean Hilton
Partner
Stevens & Bolton

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

Cohabiting couples

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

No-fault divorce

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

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

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

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

Resolving financial matters alongside divorce

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

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

Protecting assets acquired before marriage

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

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

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

Pre- and post-nuptial agreements

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

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

Non-court dispute resolution (NCDR)

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

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

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

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

Horizon scanning

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

About Sean Hilton

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

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

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Divorce Done Right: How a Calm Mind Leads to a Fair Resolution
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Divorce Done Right: How a Calm Mind Leads to a Fair Resolution

Published on
Chris Sweetman
Chris Sweetman
Editor at The Divorce Magazine
Director at Fair Result

Sponsored post by Fair Result.

The Role of Emotions in Divorce

Divorce can be one of the most emotionally challenging experiences you can ever face. When emotions run high, they can cloud judgment and lead to decisions that are not in your best interest. Heightened emotions such as anger, sadness, and frustration can result in poor decision-making, causing people to act impulsively or spitefully. This can prolong divorce proceedings and increase costs, as conflicts and disagreements escalate. Understanding the role of emotions in divorce is crucial to navigating the process effectively.

Why Heightened Emotions Can Lead to Poor Decision-Making

When emotions are in control, rational thought often takes a back seat. Anger can drive individuals to make vindictive choices, leading to prolonged legal battles that are both financially and emotionally draining. Stress can cause individuals to agree to unfavourable terms simply to expedite the process, resulting in long-term regret. Alternatively dragging out the process for very little gain is not productive either. Recognising these pitfalls is the first step toward a more successful divorce process. Contact the team at Fair Result and right from the outset we will try and help with the emotional stress you are going through. All out clients’ have a personalised WhatsApp link to the team dealing with your case who are contactable every day you need us. In addition, our fixed fee price shared with you right at the start of your case will remain fixed no matter how long your case takes to resolve and should give you peace of mind that you are not getting charged for every phone call, email, or text dealing with your case.

How Stress and Anger Can Prolong Proceedings and Increase Costs

Stress and anger fuel conflict, which in turn extends the duration of divorce proceedings. The more contentious the divorce, the more time and money are spent on legal fees, court appearances, and negotiations. By allowing these emotions to dictate actions, individuals may find themselves trapped in a cycle of hostility and expense. It is therefore essential to approach divorce with a calm and strategic mindset to avoid unnecessary delays and costs. At Fair Result, we focus on what you want to achieve and work hard to get this for you.

The Benefits of a Calm & Strategic Approach

Maintaining a clear and rational mindset during a divorce can lead to more favourable outcomes, both financially and emotionally. When individuals can manage their emotions and think strategically, they are better equipped to make decisions that align with their long-term goals.

How a Clear Mindset Leads to Better Financial Settlements

A calm and clear mindset allows individuals to focus on what truly matters in their divorce settlement. By prioritising financial stability and fair division of assets, individuals can avoid the pitfalls of emotionally driven decisions. This approach often leads to more equitable financial settlements that provide long-term security for both parties. Being bitter over what has happened will not impact on the financial distribution in your case, so don’t let it cloud your judgment.

Why Courts Favour Reasonable, Amicable Negotiations Over Conflict-Driven Cases

Courts tend to favour divorces that are resolved through reasonable and amicable negotiations. Judges are more likely to approve settlements that demonstrate cooperation and mutual respect. Conflict-driven cases, on the other hand, can result in court-imposed decisions that may not be in the best interest of either party. By approaching divorce with a calm and strategic mindset, individuals can present a more favourable case to the court.

Real-Life Examples of How a Level-Headed Approach Resulted in Fairer Outcomes

Consider the case of Jane and John and we represented Jane the applicant wife, who approached their divorce with a calm and strategic mindset. Instead of engaging in heated arguments, they focussed on open communication and mutual understanding. By working together, they were able to reach a fair settlement that provided financial stability for both parties and minimised emotional stress for their children. Their experience highlights the benefits of maintaining a level-headed approach during divorce proceedings. If we can work with both parties who are prepared to negotiate calmly and sensibly, a faster quicker cheaper outcome is swiftly achieved for both parties.

Practical Strategies for Staying Calm & Focussed

Maintaining a calm and focussed mindset during a divorce requires deliberate effort and the implementation of practical strategies. By seeking professional guidance, engaging in mediation, and practicing mindfulness, individuals can navigate the divorce process more effectively. We have a team of counsellors we can pair you up with if you feel this would help.

The Importance of Seeking Professional Guidance Early

Early professional guidance can provide individuals with the information and support they need to make informed decisions. Legal advisors, financial planners, and therapists can offer valuable insights and help individuals develop a strategic approach to their divorce. By seeking expert advice early on, individuals can avoid common pitfalls and set the stage for a smoother process.

How Mediation Can Ease Tensions and Encourage Fair Resolutions

Mediation is a valuable tool for resolving disputes amicably. A neutral mediator facilitates discussions between parties, helping them reach mutually beneficial agreements. Mediation can ease tensions, reduce conflict, and encourage fair resolutions, making it an effective alternative to traditional litigation.

Mindfulness and Stress Management Techniques During the Divorce Process

Practicing mindfulness and stress management techniques can help individuals stay calm and focussed during their divorce. Techniques such as deep breathing, meditation, and regular exercise can reduce stress and improve emotional regulation. By incorporating these practices into their daily routine, individuals can better manage their emotions and approach divorce with a clear mind.

How Fair Result Helps Clients Achieve Fair Outcomes

Fair Result offers a unique approach to supporting clients through the divorce process. By prioritising clarity, reducing financial stress, and providing quick guidance, Fair Result helps clients achieve fair outcomes. The fixed fee and WhatsApp group also helps. Get in touch as soon as you are ready, and we can talk you through our way of working to give you the best possible outcome.

The Unique Approach Fair Result Takes to Support Clients in Maintaining Clarity

Fair Result’s approach emphasises the importance of maintaining clarity and focus. Their expert team provides personalised support and strategic advice, helping clients navigate the complexities of divorce with confidence. By fostering a calm and rational mindset, Fair Result enables clients to make informed decisions that align with their long-term goals.

How Fair Result’s Fixed-Fee Structure Reduces Financial Stress

One of the key features of Fair Result’s service is their fixed-fee structure, which eliminates the uncertainty of hourly legal fees. This approach reduces financial stress and allows clients to budget more effectively. By providing transparent and predictable pricing, Fair Result ensures that clients can focus on achieving a fair settlement without the burden of unexpected costs.

The WhatsApp Service as a Way for Clients to Get Quick Guidance & Reassurance

Fair Result offers a convenient WhatsApp service that allows clients to receive quick guidance and reassurance. This service provides immediate access to expert advice, helping clients stay informed and confident throughout the divorce process. By offering timely support, Fair Result helps clients maintain a calm and focussed mindset.

If you are currently going through a divorce or considering one, reach out to the Fair Result team for a no-obligation consultation. Discover how Fair Result’s expert-led, fixed-fee approach can make your divorce smoother and more manageable. Download the Guide to Divorce for additional support and start your journey towards a fair and amicable resolution.

Get in Touch

Call us at 07 500 933 818 or 0333 577 7009

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

Read more articles by Chris Sweetman.

About Chris Sweetman

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

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

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

Published on
Stephanie Kyriacou
Stephanie Kyriacou
Managing Associate
Freeths

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

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

Financial Claims Under the Matrimonial Causes Act 1973

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

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

Types of Financial Orders Available

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

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

Key Differences: Married vs. Cohabiting Parents

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

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

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

Conclusion

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

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

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

About Stephanie Kyriacou

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

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

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How to Create a Post-Divorce Budget: Steps to Financial Stability
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How to Create a Post-Divorce Budget: Steps to Financial Stability

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

Sponsored post by Fair Result.

Steps to Regain Financial Stability and Plan for a Secure Future

Divorce can be a challenging and emotional journey and managing your finances during and after this period is crucial for your long-term wellbeing. This blog aims to provide clear, actionable steps to help you navigate your finances post-divorce, regain stability, and make informed decisions for a secure future.

The Importance of a Budget After Divorce

Adjusting to a Single-Income Household

One of the most significant changes after divorce is moving to a single-income household whereas prior to divorce it was a single household with two incomes. This shift requires careful budgeting and financial planning to ensure you can meet your needs and obligations and don’t quickly fall behind and into debt.

The Impact of Divorce on Personal Finances

Divorce often brings about substantial changes in your financial situation. Understanding these changes immediately and their impact on your income, expenses, and overall financial health is essential to navigate this new phase effectively, adapting to your new post-divorce budget.

Assessing Your New Financial Situation

Start by evaluating your current financial status. Make a list of all your assets, liabilities, income sources, and expenses. This assessment will provide a clear picture of where you stand financially and help you plan accordingly ensuring you can obtain financial stability after divorce.

List All Income Sources

Salary, Spousal/Child Support, Investments

Identify all sources of income you have post-divorce. Managing your finances after divorce is crucial. This includes your salary, any spousal or child support payments, and income from investments. Understanding your income streams will help you create a realistic post-divorce budget.

Understanding New Expenses

New expenses can arise after divorce, such as housing costs, utilities, legal fees, and child-related expenses. Listing these expenses will ensure you account for them in your budget. Divorce and money management is essential to your future financial planning

Creating a Practical Post-Divorce Budget

Develop a budget that reflects your new financial reality. Include all your income sources and expenses, and ensure it aligns with your financial goals. A realistic budget is a cornerstone of financial stability. Financial planning for divorcees is important for all parties to the divorce and start to do this as you come to the completion of the divorce process and financial dispute resolution so you are ready when the consent order is finally approved by the court.

Differentiating Between Essential and Discretionary Expenses

Setting Realistic Financial Goals

Distinguish between essential expenses (housing, utilities, groceries) and discretionary expenses (entertainment, dining out). This differentiation will help you prioritise spending and set achievable financial goals. What you would like and what you can afford is going to be very different post-divorce and managing your finances after divorce is imperative and needs to be set in place right at the start. Things will become easier as you adjust to life after divorce.

Emergency Funds and Why They Matter

Building an emergency fund is crucial. It provides a safety net for unexpected expenses, such as medical bills or car repairs, ensuring you don’t fall into debt. A little and often will build up this fund.

Managing Debts and Obligations

Handling Joint Debts and Separating Finances

Address any joint debts you have with your ex-spouse and take steps to separate your finances. This might involve refinancing loans or closing joint accounts. Most of this should be done within the sphere of negotiating the consent order for the financial dispute resolution.

Prioritising Debt Repayment

Create a manageable debt repayment plan that prioritises paying off high-interest debts first. Reducing debt will improve your financial health and credit score. Stick to this plan as you navigate yourself away after the divorce.

How to Rebuild Credit After Divorce

After divorce, your credit score might take a hit. Focus on rebuilding your credit by paying bills on time, reducing debt, and monitoring your credit report. Pay them on time and if there are any problems contact each creditor immediately the problem becomes apparent.

Long-Term Financial Planning

Reviewing and Updating Financial Documents

Ensure your financial documents, such as wills, insurance policies, and pension plans, reflect your new circumstances. Updating these documents is critical for long-term security.

Retirement Planning as a Newly Single Individual

Reevaluate your retirement plan. As a single individual, you may need to adjust your savings strategy to meet your retirement goals.

Seeking Professional Financial Advice

Consider consulting a financial advisor to help you navigate the complexities of post-divorce finances. Professional advice can provide tailored strategies for your unique situation.

Practical Tools & Resources for Financial Stability

Budgeting Apps & Financial Management Tools

Budgeting apps and financial management tools to track your expenses, manage your budget, and stay on top of your finances. It is possible to streamline all your entire expense management using any of the free apps on the App Store.

If you find yourself struggling with your financial situation post-divorce, don’t hesitate to seek professional advice. Call the team at Fair Result to discuss your financial planning pre and post-divorce at any time.

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

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A Guide to Spousal Maintenance
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A Guide to Spousal Maintenance

Published on
Chris Sweetman
Chris Sweetman
Editor at The Divorce Magazine
Director at Fair Result

Sponsored post by Fair Result.

This blog serves as a practical and informative guide to spousal maintenance in divorce settlements. It clarifies what spousal maintenance is, who may be eligible, how payments are determined, and key considerations when negotiating or contesting maintenance. Keep reading to find out more.

What is Spousal Maintenance?

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

Who Qualifies for Spousal Maintenance?

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

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

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

How Payments Are Determined

Several factors influence the determination of spousal maintenance payments:

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

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

Common Misconceptions

There are several misconceptions about spousal maintenance that need addressing:

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

Can Spousal Maintenance be Changed or Stopped?

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

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

Negotiation Tips

Successful negotiation requires professional advice and careful planning:

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

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

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

Get in Touch

Call us at 07 500 933 818 or 0333 577 7009

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

Read more articles by Chris Sweetman.

About Chris Sweetman

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

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

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How to Prepare for Financial Discussions During Divorce

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

(Sponsored post by Fair Result.) Many people focus on the divorce process itself, but in reality, the financial settlement is often the most complex and costly part. It’s important to remember that financial discussions are separate from the divorce application, and many lawyers don’t include these costs in their initial quotes.

In an ideal world, couples should agree on finances before filing for divorce. Unfortunately, that’s not the reality. Instead, financial negotiations are the stage that:

  • Takes the most time
  • Causes the most disputes
  • Can become extremely expensive

Some lawyers justify high fees by claiming they can secure a better settlement. But is a marginally better deal worth years of delays, stress, and family tension? In my personal experience, the financial battle took over a decade to repair relationships within the family.

Common Mistakes in Financial Settlements

Divorcees understandably worry about their financial security and getting their fair share, but common mistakes often make the process harder:

  • Delaying financial negotiations until the final divorce order is in place
  • Unrealistic expectations of what they are entitled to
  • Focussing on minor assets instead of the bigger picture (e.g., arguing over furniture instead of pensions)
  • Assuming their lifestyle will remain the same post-divorce
  • Forgetting that one marital home must now fund two separate households

Understanding these issues early can minimise costs and help you move forward smoothly.

Take a Strategic Approach

The best way to approach financial discussions is strategically. The first question you should ask yourself is: What do I actually want?

Being clear and realistic from the start can prevent unnecessary delays. For example, many clients insist they want to keep the family home, only to realise months later that it carries too many memories, leading to wasted time and weakened negotiation power.

Additionally, be mindful of asset values—a dining table purchased for £10,000 five years ago may only be worth £500 today. A spouse may counter by offering to let you keep it in exchange for £5,000, which is an unfavourable deal.

Understand the Marital Pot

Before formally starting divorce proceedings, take stock of all assets and debts, including:

  • House(s) and property ownership details
  • Pensions and savings
  • Employment income
  • Bank accounts and investments
  • Loans, credit cards, and other debts

This doesn’t take long, but failing to do so can lead to confusion and unfair settlements. Surprisingly, many individuals don’t even know their spouse’s income or pension provisions.

Also, check property ownership—if you’re not on the mortgage, you may not be a legal owner. Consider placing a home rights order to protect yourself.

Ignore ‘Advice’ from Friends & the Internet

Friends and online sources may tell you what you want to hear—“You’ll get 80% of everything”—but that’s rarely the case. In most UK divorces, courts aim for a 50/50 split, regardless of who earned the money.

What matters is realism, not wishful thinking.

Don’t Let the Process Control the Outcome

Many assume that completing a Form E (a financial disclosure document) is the key to unlocking hidden assets. While it provides a snapshot of finances, it rarely reveals surprises that dramatically change settlements. Lawyers may encourage it to justify fees, but if you already know your finances, this step may add little value.

Focus on substance over form—you know better than anyone what matters in your settlement.

Be Realistic & Plan for the Future

Divorce almost always results in both parties being financially worse off—at least initially. Two separate households are more expensive than one. However, this is often temporary.

Most individuals find a new relationship shortly after divorce, either during or within a few years post-settlement. This may mean cohabiting again, reducing financial strain. Understanding that financial hardship is often short-term can help in making practical decisions.

Do You Need Professional Advice?

Yes—but choose wisely. Many cases drag on for years simply because no settlement offers have been exchanged. Others suffer from unrealistic expectations that lawyers fail to challenge.

Look for a professional who:

  • Offers fixed-fee services (not just an hourly rate)
  • Provides clear, pragmatic advice
  • Challenges unrealistic expectations
  • Helps you focus on the bigger picture, not minor disputes

If your lawyer isn’t giving you clarity, you might be paying for unnecessary delays.

Key Takeaways

  1. Start early—understand your finances before filing for divorce
  2. Think big—avoid costly fights over small assets
  3. Be realistic—divorce means financial adjustments for both sides
  4. Know what you want—and be prepared to adapt
  5. Get solid legal advice—but ensure it’s strategic, not drawn-out
  6. Plan for the future—life continues, and financial struggles won’t last forever

Finally, protect yourself for the future. Divorce is becoming more common, and many people go through it more than once.

Need expert, fixed-fee family law advice?

Contact www.fair-result.co.uk today for pragmatic, award-winning guidance.

Call: 07 500 933 818 or 0333 577 7009

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

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

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Setting Boundaries So You Can Work Better with Your Co-Parent
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Setting Boundaries So You Can Work Better with Your Co-Parent

Published on
Tucker Lieberman
Tucker Lieberman
Writer / Researcher
Custody X Change

If you and your ex will co-parent your child, you’ll be in regular communication to make it happen. That means you’ll need to find new ways to speak and work together.

At least one of you will have to make big decisions for your child: where they’ll go to school, how their special needs will be supported, which religion to raise them in, and whether to pursue a complex medical treatment. Some co-parents make these kinds of decisions together. Even if you don’t, one of you will have to inform the other of the big rules that guide your child’s life.

You and your ex will also coordinate exactly when and where you’ll exchange your child, and you’ll have to notify each other if you’re running late. You’ll pass on minor details like whether your kid already ate dessert or argued with a friend.

So, even as you envision a new life apart from your ex, stay realistic about your future need to talk to them. Though you’ll no longer be spouses, you’ll have important roles in each other’s lives.

Talking with Your Ex During the Divorce Process

A split can be so emotionally painful that it’s hard to keep open lines of communication. The hurt that one of you caused the other, or that both of you caused each other, is real. Nevertheless, for parents, it’s crucial to keep talking for your child’s sake.

Ideally, both of you should try to give your child as much stability as possible until the court can order a child arrangement, which means agreeing to a parenting routine and sticking to it civilly (rather than yanking the child back and forth and arguing in front of them).

You’ll also benefit from negotiating productively so you can get a fair outcome for your child and for yourselves. In the UK, parents may use mediation, collaborative practice or arbitration to help them reach decisions out of court.

Keeping open lines of communication doesn’t mean you have to pick up the phone at any hour of the night, respond to excessive text messages, or tolerate disrespectful emails. Nor does it mean you have to tell absolutely everything to your ex or allow them to micromanage your parenting time. You each deserve some privacy and autonomy.

In fact, communicating well as co-parents involves respecting each other’s limits. It’s a great idea to explicitly set boundaries with your ex. Do your part to obey the limits in good faith, and apologise when you make a mistake. Thank your co-parent for respecting your boundaries, and calmly hold them accountable when they don’t.

Rebuilding Your Co-Parenting Dynamic for Your Child’s Sake

It’s widely recognised that it’s in a child’s best interests to maintain a relationship with both parents. Sometimes there’s a reason to exclude one parent from the child’s life, but apart from situations of parental abuse or neglect, children generally benefit from meaningful, frequent contact with both parents.

In the UK, it’s common for courts to order shared parenting, meaning that the court divides parenting time close to equally. You’ll have to follow the order, and that will entail working together with your former spouse.

While some exes remain amicable and genuinely appreciate knowing what’s happening in each other’s lives, others insist on limiting conversations to matters involving their child. If one of you wants minimal interaction, the other has to accept reality and learn to let go.

And while spouses may have once enjoyed regular contact with each other’s family members and friends, most divorcing people find that those mutual connections decrease and eventually disappear. An exception would be if one of those adults is a carer for their child.

To help grant each other a sense of freedom and privacy, some co-parents agree to use only a designated messaging app with each other. Or they may agree to refrain from mentioning each other on social media.

Divorce is no easy road, but starting today, you can strive to build a good life for yourself and your child. By putting your best foot forward and interacting in good faith with your ex, you form a new co-parenting dynamic. What you do today leads to a better tomorrow.

Read more articles by Custody X Change.

About Tucker Lieberman

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

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

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5 Common Myths About Financial Settlements in Divorce
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5 Common Myths About Financial Settlements in Divorce

Published on
Chris Sweetman
Chris Sweetman
Editor at The Divorce Magazine
Director at Fair Result

Sponsored post by Fair Result.

Financial settlements in divorce refer to the process by which a couple’s joint assets and finances are divided upon the dissolution of their marriage. This often complex and emotionally charged process aims to ensure that both parties receive a fair share of the marital assets. However, numerous divorce myths and misconceptions surrounding financial settlements can lead to misunderstandings and unrealistic expectations.

Believing these myths can be risky and may result in unfavourable outcomes. Therefore, it is crucial to separate fact from fiction to navigate the financial aspects of divorce more effectively. More importantly contact a specialist lawyer or financial accountant at Fair Result who will advise you the best ways to deal with financial separation on divorce.

Myths to Debunk

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

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

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

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

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

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

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

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

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

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

Addressing Common Questions

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

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

How do courts determine a fair settlement?

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

What legal requirements are involved in disclosing assets?

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

Are there alternatives to court for resolving financial disputes?

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

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

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

Conclusion

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

Get in Touch

Call us at 07 500 933 818 or 0333 577 7009

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

Read more articles by Chris Sweetman.

About Chris Sweetman

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

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

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Steering Conflict Through the Compass of Mediation
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Steering Conflict Through the Compass of Mediation

Published on
Lucy Adams
Lucy Adams
Senior Associate
Knights

Government-incentivised shifts to non-court dispute resolution have ushered in a new era for families, presenting mediation as a viable option for resolving complex family issues such as divorce. Here, Lucy Adams, a trained family mediator and senior associate at UK top 50 law firm Knights, delves into the evolving nature of mediation, examining how the process has transformed over the past year — from a mere formality to a serious alternative to litigation for resolving disputes.

While it may yet be an extraneous concept for some, at its core, mediation is built on the simplicity of collaboration and conciliation. Unlike the adversarial nature of litigation, where outcomes are imposed by a judge, mediation prioritises dialogue and mutual agreement. With a neutral mediator facilitating and driving discussions, the process of mediation is designed to resolve disputes to the (relative) satisfaction of both parties, helping them reach resolutions tailored to their unique circumstances at a lower cost than full litigation proceedings, and in most cases, with more favourable outcomes for all involved.

Decision-making rests with the participants

The process relies on impartiality, the key distinction between a mediator and a solicitor. While solicitors are hired to advocate for their clients only, mediators focus on guiding both sides to a mutually desired agreement. The process is confidential and designed to empower families, retaining the power of decision-making firmly in their hands rather than surrendering control to a judge. And in fact, numbers show that 69% of cases resolve all or some issues, helping parties avoid court altogether.

The rising waves of mediation

It’s important to note that many with disputes, whether it be marital breakdown or other family issues, the core breakthrough in mediation can be as simple as an apology or gesture of acknowledgment from one individual to another. Mediation is the breeding ground for this to be delivered in an environment that is less stifling than the courts, acknowledging the emotion attached to issues such as divorce.

In recent years, the government has been actively promoting mediation as a means to alleviate the burden on family courts, which has coincided with legislative shifts to ensure Mediation Information & Assessment Meetings (MIAMs) are more than just tick-box exercises. These are the first compulsory step in setting the scene for what we know as non-court dispute resolution (NCDR), a process that mirrors the court process outside its walls.

From here, a mediator will have fairly definitive guidelines that will allow them to assess the idiosyncrasies of varying disputes and set in place suitable processes for mediation to take place.

In helping parties resolve their disputes outside of court, the Ministry of Justice (MoJ) has extended a government-funded voucher scheme, offering up to £500 toward mediation costs, now running until March 2026, as a way to ease financial barriers and make mediation more accessible to a wider audience.

Exploring the many facets of mediation

A voluntary and confidential process, mediation can be tailored on a case-by-case basis. Shuttle mediation, for instance, allows parties to remain in separate rooms while the mediator moves freely to facilitate discussions. This format can similarly be conducted online, providing accessibility for individual circumstances and day-to-day arrangements. t may also be a critical first step for issues like divorce, which can be upsetting to discuss face-to-face, or particularly where children are concerned.

For more complex cases, hybrid mediation, on the other hand, at the advice of the mediator, invites in additional participants, such as solicitors, financial advisors, or even therapists, to ensure agreements are legally sound or financially viable. Child-inclusive mediation also gives children a voice, enabling parents to make decisions that prioritise their well-being, particularly where family units have broken down.

Unlike the black-and-white outcomes of court rulings, mediation explores the nuances of each family’s situation. This creativity often leads to solutions that feel more personal and balanced, with the mediator having the insight to work through the case and consider aspects which may sometimes get overlooked at court.

Mediation benefits

Alongside its flexibility, mediation is considerably more cost-effective than traditional court proceedings, with expenses split equally between parties. Secondly, it is generally faster, often resolving disputes within weeks rather than the months or years litigation can take.

Beyond the practical benefits, mediation fosters a collaborative environment that helps preserve relationships, particularly when children are involved. By addressing both immediate concerns and long-term goals, mediation lays the groundwork for better outcomes and reduces the likelihood of future conflicts.

Mediation is particularly effective in disputes involving complex family dynamics, such as disagreements over finances, business assets, or pensions. It creates a space to address not only critical matters but also subtler emotional issues that might otherwise be overlooked in court. However, it may not be suitable for every situation, predominantly those involving severe domestic abuse, abduction, or bankruptcy, for example, which may require alternative interventions.

The hopes of a new treaty defining the future of mediation

The future of mediation is looking bright. Recent updates to family procedure rules now require courts to demand explanations for why mediation wasn’t pursued before litigation. This shift reflects a broader recognition of mediation’s effectiveness.

New methods such as hybrid mediation are likely to take the helm in addressing rather more complex cases, balancing out the flexibility of mediation with the expertise of legal and financial professionals. As stereotypes around mediation versus court litigation continue to diffuse, the potential of the former to transform how couples and families navigate dispute rises, thus helping individuals move through divorce in a legal, sensitive, and balanced manner.

About Lucy Adams

Lucy is a Senior Associate solicitor in the Family team. Lucy is also a trained Family Mediator.

Lucy is renowned for her expertise in both financial matters and child law.

Lucy has obtained the Law Society Advanced Accreditation in complex financial settlement and children cases. Lucy is also a Member of Resolution and committed to the constructive resolution of family disputes.

With over 15 years’ experience in family law, Lucy can support clients with the resolution of their divorce and on related financial issues including pensions, businesses, and pre-acquired marital wealth. She also supports cohabiting couples, who need help to resolve a dispute following their separation.

As a trained family Mediator, Lucy can offer a bespoke mediation service to assist in any children or financial disputes. The sessions can either be remote or face to face at one of our 23 national office locations in the UK. Mediation is a means of resolving disputes in an amicable, non-confrontational manner that meets the needs of both participants. Mediation can often be a quicker, more amicable, and less stressful process than the more traditional route at resolving disputes, such as going to court. Lucy is registered with the Family Mediation Association.

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.

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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?

Published on
Anthony Parrish
Anthony Parrish
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Jones Myers

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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.

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