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Child Maintenance and Spousal Maintenance: Understanding the Differences
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Child Maintenance and Spousal Maintenance: Understanding the Differences

Published on
Nicki Mitchell
Nicki Mitchell
Partner
Jones Myers Family Law

Sponsored article by Jones Myers Family Law.

In the countdown to the festive season, concerns over finances can understandably escalate – especially for those divorcing and separating who have children but do not have their own income streams.

The aim of this article is to provide key insights into Child Maintenance and Spousal Maintenance.

While they are often believed to be inextricably linked, they are two very distinct issues.

Child Maintenance Support

How do divorcing/separating couples work out Child Maintenance?

Child Maintenance is something which needs to be considered whenever separating couples have children, regardless of whether they were married or not and whatever their financial circumstances.

The Child Maintenance Service (CMS), a stand-alone government body,  provides a formula for parents to calculate child support.

Most separated couples will use the formula as a basis for agreeing the level of child support to be paid and make informal arrangements for this to be paid directly.

Divorcing couples have the option of including their agreement on child support in the order (often known as a consent order) which sets out their agreement as to how their assets, debts, pensions etc will be divided.

Which parent is responsible for paying the support?

The parent with whom the children spend less time will be responsible for paying child support to the other parent.  Where the children’s time and the child care responsibilities are shared equally between the parents then no child support is usually payable.

If there is any dispute between the parents about whether this is the case then the CMS will generally assume the primary carer to be the parent who receives Child Benefit and assess child support accordingly.

For how long does Child Maintenance continue?

The paying parent is obligated to provide child maintenance until the child completes “qualifying education” which is generally full-time secondary education but can include other forms of ongoing study such as some apprenticeships. No child support is payable after the child attains the age of twenty.

What happens if parents cannot agree on the level of support?

If the parents are unable to agree then either one of them can make an application the Child Maintenance Service (CMS) for a calculation.

The CMS will calculate the support payable using a six-step process.

The various stages include determining the paying parent’s yearly gross income. The relevant parent usually provides this. However, the CMS can obtain the information from HM Revenue and Customs (HMRC) if the parents do not supply this.

Factors, such as pensions and school fees, which could change the paying parent’s financial situation, are also assessed before converting the yearly gross income into a weekly figure.

Key criteria the calculator draws on includes the number of children receiving the income and the level of what is called ‘shared care.’ This is based on how much time the child/children of the paying parent spends with them and includes overnight stays.

What happens if the paying parent loses their job?

Either parent can let the CMS know of a change in circumstance. The Agency will then re-evaluate and reduce the level of support the paying parent needs to provide based on the calculator system.

What happens if the paying parent refuses to pay?

The receiving parent can contact the CMS which would then take appropriate enforcement measures such as applying for a court order to take legal action.

What happens if the paying parent dies during the support period?

CMS payments would cease on the death of the paying parent. State benefits, such as Universal Credit, may be available to the surviving parent, depending on their circumstances at the time.

Are there any other options besides the CMS for parents to agree Child Maintenance?   

Agreements between parents can be negotiated with support from experienced family law experts such as Jones Myers.

Our specialist services include mediation, a non-confrontational option for parents to reach a solution in a spirit of co-operation which puts their children’s best interests first.

As a qualified Mediator and Child Inclusive Mediator I regularly see at first hand the  benefits of the mediation process for parents, children and the wider family.

Spousal Maintenance

Divorce does not automatically bring an end to the financial obligations between divorcing and separating couples.

Significant income disparities between spouses may require ongoing financial support to prevent undue hardship, especially when considering the well-being of any children involved.

What is Spousal Maintenance?

Spousal Maintenance is a payment made by one party to the other as part of the financial settlement on their divorce or separation.

Usually, it is paid every month and can last for either a defined period or, in increasingly rare cases, until one of the former spouses dies.

Spousal Maintenance is different from Child Maintenance, which is statutory. It is not an automatic  entitlement and only applies to divorcing couples.

How is the amount and duration agreed?

There is no set formula for working out Spousal Maintenance payments. How much is paid and for how long can be settled through mutual agreement between a spouse and their ex during divorce proceedings.

Information is exchanged about each spouse’s income and their monthly outgoings. If one spouse has insufficient income to meet their needs and the other can afford to make up or contribute to that shortfall then Spousal Maintenance may be appropriate.

Interim Spousal Maintenance can be agreed or ordered in the initial stages of separation to ensure that the spouse who is weaker financially can manage their basic monthly outgoings.

Does getting Spousal Maintenance involve going to Court? 

If the couple are unable to come to a mutual agreement, the Court can decide whether Spousal Maintenance should be paid.

In every case the Court must consider the possibility of a Clean Break Order – which severs all financial ties between the couple.

If a Clean Break Order is not appropriate immediately, the court will order what the Judge considers to be a reasonable level  of Spousal Maintenance – and for how long this must be paid.

The court will have before it detailed information about the income available and each party’s income needs. Spousal Maintenance is usually only ordered for a fixed period of time, long enough to enable an adjustment to independence.

How can couples reach a solution without going to court?  

More couples are turning to non-confrontational options, which allow them to retain control of decisions which affect them, put their children’s best interests first and avoid costly and destructive court battles.

They include negotiation, mediation or collaborative practice where couples and their lawyers commit to find a positive solution without going to court and sign a binding agreement to that effect. Our specialist lawyers at Jones Myers have extensive experience in advising couples in these areas.

In what circumstances is Spousal Maintenance terminated?

When Spousal Maintenance ends will be set out in the court order.  Typically this will be when the spouse receiving the payments has had time to adjust to independence or when their financial needs are reduced. For example, when the children finish school or university, or they leave home.

Spousal Maintenance will cease when one of the spouses dies or if the recipient of the maintenance gets married again or enters into a civil partnership.

What happens if the parties situation changes?   

If the circumstances of the spouses alter significantly after a Spousal Maintenance Order has been made, they can agree to change the payments ordered and send an agreed order to the Court which supersedes the original order.  If agreement is not possible then either of them can apply to the Court to vary the terms of the order.

The Court will consider factors such as changes in income, employment status or financial needs to assess if a variation is appropriate.

For vital areas of law such as Child Maintenance and Spousal Maintenance, I cannot emphasise enough the importance of consulting experienced family lawyers like Jones Myers.

Offering expert legal advice to our clients, we help them to understand their legal position and options.

Providing legal guidance and representation with child maintenance disputes, we support clients to ensure that the child maintenance arrangements are fair and reasonable.

Our approach prioritises resolving disputes in a non-confrontational manner, allowing us to assist couples in reaching voluntary agreements for child maintenance.

We can also assist in negotiating Spousal Maintenance agreements to reach a fair and mutually acceptable solution. If an agreement cannot be reached through negotiation, we can represent clients in court proceedings to seek a Spousal Maintenance Order or to vary an existing order.

Read more articles by Nicki Mitchell.

About Nicki Mitchell

With three decades 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  www.jonesmyers.co.uk

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When "I Do" Turns Into "I Don't": Key Considerations for Divorce Later in Life
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When “I Do” Turns Into “I Don’t”: Key Considerations for Divorce Later in Life

Published on
Hayley McCormack
Hayley McCormack
Partner
Roythornes Solicitors

Over the past 30 years, divorces among individuals aged 60 and over have surged by an astounding 85%. In the past decade alone, divorce rates for men over 65 have risen by 23%, while rates for women over 65 have climbed by 38%. This has slowly but surely materialised in a steadily growing trend, commonly referred to as ‘grey divorce’ or ‘silver splitting,’ particularly prevalent among those nearing or already in retirement, and embodying a deviation or redefinition of ‘for better or worse’.

Unlike earlier-life divorces, grey divorce often poses implications of its own kind due to the life stage of those involved. Hayley McCormack, a family law specialist at Roythornes Solicitors, navigates the complexities of separating at later stages in life, particularly as this presents significant financial challenges, due to the proximity to retirement and the complexity of accumulated assets.

Historically, divorce was rarely a viable option for older couples, as financial dependence and social stigma discouraged separation. Women, in particular, often lacked financial independence, making it difficult to consider leaving a marriage in later years. Today, however, as societal norms have evolved and financial autonomy has increased, more couples see separation as a realistic path, even in retirement. Unlike younger couples, later-life divorces often involve the division of lifetime possessions such as pensions, property, and savings, which can have a profound impact on future security and stability.

There’s no place like home

One of the most contentious aspects of later-life separation is agreeing what to do with the family home, which for many is one of the most valuable assets in a marriage. The matrimonial home often carries sentimental significance over financial value. In most grey divorce cases, deciding whether to sell, retain, or transfer ownership of the home can be acutely convoluted as the choice will precede to lasting financial and emotional consequences.

While there may be a sum of options to ponder, it is often easier or sometimes necessary to sell the family property to fund the purchase of two properties instead. Selling the home and splitting the proceeds is often the simplest solution, especially if both parties prefer a clean financial break. This option can provide each party with the funds to purchase or rent new homes suited to their needs.

In this situation, it is essential for both parties to consider what is most affordable, taking into account repayment of any mortgage and early redemption fees, purchase price, stamp duty, legal costs, moving fees and any furniture or white goods they will need. If there is an existing mortgage, this can either be redeemed from the net proceeds or one of the individuals, if you need it, may be able to port the existing mortgage to a new property if there are any preferential rates to benefit from.

The place that holds a piece of your heart

Selling the home may not always be the desired approach and often one partner may wish to stay in the property. If this is a viable option financially, it can provide stability, particularly if there are health considerations or a desire to remain in a familiar community. However, retaining the home requires careful consideration of whether one partner can sustain the home’s upkeep and associated costs independently.

If one partner wishes to retain the family home, they may be able to offset the home’s value with other assets. For instance, one partner may keep the house while the other retains a larger share of cash, investments, or pensions. Although pensions are a significant marital asset, they are often overlooked during separation negotiations. Offsetting the value of the family home against pension assets can be a viable solution, but due to the complexity of these calculations, legal and financial guidance should always be sought.

Another approach for staying in the home is to refinance or increase the mortgage to buy out the other party’s share. In this scenario, the partner who remains in the home would need to assume full responsibility for the property’s costs and may have to qualify for a new or adjusted mortgage. The buy-out process typically involves transferring the property into the sole name of the individual staying in the home, which a solicitor would handle to ensure the contemporaneous transfer and payment of funds. High street lenders have amended their borrowing criteria so that mortgages can be taken later in life, but this will still be dependent on affordability and specialist mortgage advice may be required.

Together apart with joint ownership

For some, continuing to co-own the family home while one partner lives there may be a practical solution, particularly if both parties expect a rise in the property’s value or wish to avoid selling in a perhaps down market. However, delayed interest payment involves several complexities.

Setting a “trigger event” for when the other party will receive their share is essential. This could be a specific future date, the sale of the home, mortgage redemption, or even the passing of one party. Legal advice is vital in these situations, as both parties may need to prepare updated wills or trusts to address inheritance or transfer issues.

Delaying the transfer or sale can additionally lead to tax complications, particularly if one partner receives their share at a future date, which may affect capital gains tax.

Finally, if both parties remain on the mortgage but only one stays in the home, the partner who leaves may have limited borrowing capacity for a new mortgage, affecting their ability to purchase their own property.

Mapping the road ahead

Given that later-life divorces often come just before or during retirement, careful planning around long-term financial security is vital. In addition to decisions about the family home, separating couples should closely review pensions, savings, business assets and other retirement funds to ensure both parties are financially secure. Professional advice is crucial in navigating these challenges to avoid pitfalls that could impact future stability.

Fresh starts in later life

As the rise in grey divorce reshapes societal views on marriage, independence, and retirement, it highlights the evolving needs and priorities of later-life couples. Navigating these unique challenges, particularly decisions surrounding the family home, pensions, and savings, can be complex.

With the right guidance, couples can move forward confidently, ensuring they make informed choices that support their future. Family lawyers assisting those who are facing a divorce, with all the challenges that brings, are there to tune in to what clients are experiencing and ensure matters are handled sensitively; while similarly ensuring they give clear, pragmatic advice to help put their client in the best position to recover from the stress and cost that comes with separation.

Read more articles by Roythornes Solicitors.

About Hayley McCormack

Hayley is a partner at Roythornes Solicitors. She has been practising family law for nearly 20 years having worked for a number of top tier national firms. Hayley has extensive experience in dealing with a broad range of family issues, such as divorce, financial settlements, and issues relating to children. She has particular expertise in complex financial cases involving company and trust structures, pensions, offshore assets, and intervenors, often advising business owners, farming families, entrepreneurs, and professionals.
She collaborates with clients’ advisors to provide wealth protection solutions, including pre/post-marital and cohabitation agreements aligned with company and shareholder agreements.
A trained collaborative lawyer, Hayley offers clear, pragmatic advice tailored to achieve the best outcomes for clients and their families. While skilled in robust litigation, she prioritises cooperative, non-confrontational solutions for family disputes.
Recognised by Chambers and Legal 500, her expertise includes:
  • Divorce
  • Financial settlements
  • Pre/post-nuptial agreements
  • Cohabitation issues and agreements
  • Child-related matters, including international/domestic relocation
  • Trusts and inherited wealth
  • Pre-marriage and post-separation acquired wealth

About Roythornes Solicitors

Roythornes Solicitors is a top 150 national law firm with five strategically located offices across the Midlands and East Anglia. The firm adopts a one team ethos across all offices, with trusted advice being given by its recognised experts on a national spread. It prides itself on building longstanding relationships with clients with a high emphasis on personal connectivity. The firm’s clients include major blue-chip companies, family businesses and private individuals, based nationally and internationally.

Each client benefits from the company’s partner-led, practical approach. As well as a powerful breadth and depth of legal expertise, the team brings commercial know-how and invaluable lateral thinking to each case, drawing on a diverse range of skills and contacts.

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Why a Therapist is Sometimes More Crucial than a Lawyer in a High-Conflict Divorce
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Why a Therapist is Sometimes More Crucial than a Lawyer in a High-Conflict Divorce

Published on
Despina Mavridou
Despina Mavridou
Author, Mediator, Lawyer

According to statistics presented by Forbes magazine in 2024, over 70% of couples reported not understanding the realities and stages of marriage, while 75% cited a lack of commitment as the reason for their divorce—higher than the 60% attributed to infidelity, as stated in the same article [1]. This suggests that when we decide to marry, we often don’t fully grasp what we’re committing to. If communication is difficult during marriage, one can only imagine (and perhaps experience firsthand) how challenging it becomes during a high-conflict divorce.

In my case, I vividly recall my parents’ divorce when I was 13 years old. My mom’s lawyer advised her to safeguard all her assets and finances to prevent my dad from claiming a share of what she had built during their marriage. My mom was the primary breadwinner, while my dad took on more of a caregiving role at home.

My parents opted for what legally qualifies as an amicable divorce, as my mom wanted to shield us from the harsh realities of court proceedings. However, over time, she began pressuring me to persuade my dad to transfer his portion of the property to me and my sister, asserting that it rightfully belonged to us. These conversations, orchestrated by my mom, deeply unsettled me. She would dictate what I should say and how I should respond, then interrogate me upon my return home to dissect exactly what had transpired. In the end, she would lament, “See, your dad refuses to give back what is rightfully yours, all because of his own desires and those of his girlfriend.”

My dad staunchly maintained that the property was rightfully his and refused to sign it over without providing a satisfactory explanation for withholding it from his children. Thus, at ages 13, 14, and 15, I found myself assuming the roles of financial advisor and mediator between two individuals grappling with depression and the agony of divorce.

After years of tumultuous arguments and hostile exchanges, my dad eventually signed everything over, and now, all assets belong to my sister and me. However, my mom vehemently opposes any notion of selling these assets, citing her contributions from her hard-earned money. It took me years to comprehend that my mom was safeguarding her assets and had unwittingly used me as a pawn to achieve this.

It also took years for me to grasp the underlying truths hidden behind her statements—like her long work hours from 6 a.m. to 11 p.m., ostensibly to support us financially, which also concealed her desire to distance herself from our family situation, unable to cope. Similarly, it took time to understand why my dad didn’t fight harder for us, maintain closer contact, or provide financial support. Some of these questions still burden my mind today, unanswered and swept under the carpet.

However, through my own therapy over the years, I’ve come to realise that if both my parents had pursued therapy to confront their emotional baggage and familial challenges, it would have significantly eased the burden on us as children. I have witnessed this in many mediations where parents express their desire to do everything for their kids, only to contradict themselves seconds later by claiming they cannot adjust their schedules to accommodate their children’s activities—a situation that likely never arose before their marriage. What I hadn’t realised is that when a person comes to mediation for a family issue like divorce, they are not alone; their entire family comes with them. They carry burdens from childhood, including past traumas, responsibilities, and family expectations. For instance, during one mediation, a father told me, “My dad—thus the grandfather of the child—would be really disappointed in me.” You see, after a significant disappointment like divorce, parents not only carry the responsibility of handling their own divorce but also the frustration and disappointment of their families. The roots of these issues go so much deeper, and without addressing them, mediation can never fully succeed. Without healing from the anger, frustration, and wounded egos, discussing children’s parenting plans and financial matters becomes nearly impossible. Addressing emotions can save time, money, and anger, and most importantly, it can spare children from assuming roles that are not theirs to bear.

This is why I believe that a therapist can be more important than a lawyer. While a lawyer focuses on legal matters and may bring their own emotional biases to the table, a therapist delves into the heart of the issues and facilitates easier resolution of legal conflicts.

[1] https://www.forbes.com/advisor/legal/divorce/divorce-statistics/

Read more articles by Despina Mavridou.

About Despina Mavridou

My name is Despina Mavridou. I am an author, a mediator and a lawyer in Greece.

I experienced the negative effects of divorce due to my parents’ separation when I was ten years old. For many years I was in the middle of their fights, trying to find a balance. When I was approx. 17 years old, I decided that I didn’t want to see my dad anymore. This cost me my relationship with him for more than 20 years (we have reunited recently).

After many years working as a lawyer, in the last four years I discovered mediation and also my passion for writing. For this reason, I left my job as a lawyer to concentrate on my passion.

My first published book is titled Mum, Dad, Can you hear me? and it is partially based on my personal story. I always wanted to share certain things with my parents to make them understand how I was feeling about their divorce.

Moreover, working as a mediator in family dispute issues, I saw how difficult it is for parents to get in their kid’s shoes.

The specific book Mum, Dad Can you hear me? serves dual purpose.

On one hand I want to help children understand that divorce is not the end of the world and that they can have both parents in their lives.

On the other hand, I want to help parents see divorce through the eyes of a ten-year-old girl to better understand the thoughts, needs and feelings of children and how important it is for them to have both parents in their lives.

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What Happens to Your Finances in Divorce? Key Factors to Consider

Published on

 

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

Sponsored post by Fair Result.

Divorce is a complex and emotionally challenging experience, and it’s often accompanied by a range of financial implications. As you navigate the divorce process, understanding what will happen to your finances can make a significant difference in protecting your future. In this guide, we’ll cover the essential financial aspects of divorce, including financial settlements, consent orders, mediation, and how the divorce proceedings impact your financial outlook.

Understanding Financial Settlements

A financial consent settlement is an agreement between you and your former spouse on how to divide your financial assets after the marriage is dissolved. This settlement typically includes assets such as property, savings, investments, pensions, and sometimes, even personal belongings of substantial value.

It’s crucial to remember that a financial settlement can have long-lasting implications on your financial health. Therefore, ensuring a fair and thorough agreement is essential. Financial settlements are not automatic during divorce; you must actively pursue this part of the divorce proceedings. Without a formal agreement, financial ties may remain in place, leaving you vulnerable to potential future claims from your ex-spouse. You should seek professional independent legal and financial advice as you navigate the agreement on how to divide your assets, to avoid any pitfalls commonly made such as tax liabilities.

The Role of Consent Orders

A consent order is a legally binding document that finalises the division of assets and financial responsibilities between you and your ex-spouse. Once you and your ex have reached an agreement on the financial settlement, a consent order is submitted to the court for approval. This document is critical as it prevents either party from making future financial claims against each other, providing closure and security for both parties. Once the consent order is sealed by the court your future security is protected and it would be very difficult for an ex-spouse to challenge.

Without a consent order, you could potentially face financial claims from your ex-spouse in the future, even years after the divorce. For this reason, securing a consent order is a wise step to ensure that your financial settlement is legally recognised and protected.

Mediation: A Cost-Effective Solution

For many couples, mediation is a valuable tool in reaching a financial settlement. Mediation allows both parties to discuss and negotiate the terms of their divorce in a controlled environment, with the assistance of a neutral third party. It’s often more cost-effective than going through prolonged court battles and can help facilitate a less adversarial divorce process.

During mediation, you and your ex-spouse can discuss various financial aspects, including the division of assets, child support, child, and spousal maintenance, if applicable. Mediators are trained to guide conversations constructively, focusing on mutual understanding and compromise. Although mediation isn’t a substitute for legal advice, it can be a highly effective first step in reaching an amicable and fair agreement.

Feel free to get in touch with Fair Result if you are seeking a mediator or need help with drawing up your agreed financial consent order. You will need a specialist solicitor to draw up and submit your agreed consent order, even if you have used a mediator to assist with reaching the agreement. This is because mediators cannot complete the final act of having the order approved by the court.

Key Financial Aspects to Consider in Divorce

When going through the divorce proceedings, several financial considerations need your attention. Here’s a breakdown of some of the key areas:

  • Property: One of the most significant assets for many couples is their home. Deciding who gets to keep the property or whether it should be sold, and the proceeds divided can be challenging. The financial settlement will outline how the property is handled and whether the home is split equally or otherwise, including whether one party should remain in the property until the children reach a certain age.
  • Pensions and Retirement Funds: Pensions are often overlooked during the divorce process, but they can be one of the most valuable assets to consider. In the UK, pensions can be divided through pension sharing orders or earmarking orders or offsetting the value of one person’s share in the pension against their value in another asset – normally a house. Working with a financial advisor and solicitor can help you understand your options and make the best decision for your future.
  • Savings and Investments: Savings accounts, investments, and other assets acquired during the marriage are typically considered matrimonial assets and are subject to division. It’s essential to disclose all assets honestly to ensure a fair settlement.
  • Debts and Liabilities: Divorce doesn’t just mean dividing assets—it also includes dividing any joint debts. If you and your ex-spouse accumulated debt during your marriage, such as credit card debt, loans, or mortgages, these liabilities may be divided as part of the financial settlement. Make sure to discuss how these debts will be managed to prevent financial complications in the future. This is also especially important if there is a business owned by either or both parties to the divorce.
  • Child Support and Maintenance: If you have children, child maintenance payments may be required to support their upbringing. The amount is typically determined based on the income of the non-residential parent. It’s vital to include child maintenance in your financial settlement to ensure that your children’s needs are adequately addressed. This can either be done using the child maintenance service calculator which simply divides income against the number of nights each parent has the child or alternatively you could agree voluntarily an agreed amount each week/month.
  • Spousal Support: In some cases, one spouse may be entitled to receive spousal support, especially if they have lower earning potential or sacrificed career opportunities during the marriage. The financial settlement will outline the terms of spousal support, including the amount and duration. It is important to remember though now the aim of the court is not to give spousal maintenance for life – it is just for a period of time for a spouse to return to independent living.

Navigating the Divorce Process: Seeking Expert Help

Understanding the intricacies of financial settlements and consent orders can be overwhelming. This is where professional guidance comes into play. A skilled divorce solicitor can help you navigate the legal landscape, ensuring that your rights are protected and that you achieve a fair outcome.

Working with experts not only provides peace of mind but also helps you avoid costly mistakes that could impact your financial future. Divorce is more than just a legal process—it’s a time of transformation and taking proactive steps to protect your financial wellbeing is essential.

The Importance of Taking Early Action

The earlier you begin preparing for your financial settlement, the better positioned you will be to protect your assets and secure your financial future. It’s easy to become overwhelmed by the emotional aspects of divorce but ignoring the financial side can lead to lasting repercussions. Start gathering financial documents, organising assets, and assessing your individual financial needs as soon as possible.

With a solid plan in place, you can approach the divorce process from a position of confidence. Whether you pursue mediation, seek a consent order, or simply work through the financial aspects with a solicitor, taking these steps early on can make a world of difference.

Final Thoughts: Protect Your Financial Future

Divorce is one of life’s most challenging transitions, but with the right preparation and support, you can secure a stable financial future. Remember, reaching a fair financial settlement and obtaining a consent order can provide the legal protection you need to move forward without the fear of future financial claims.

If you’re considering divorce or are already going through divorce proceedings, don’t wait to get expert guidance. Fair Result offers a unique, fixed-fee divorce service, covering all aspects of divorce, including court time, barrister fees, valuations, and everything required to achieve a fair and equitable outcome. Let us help you navigate this journey with confidence.

Ready to take control of your financial future during divorce?

Get in touch with Fair Result today to discuss your options and learn how we can support you:

Call: 07500933818 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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The Benefits of Early Divorce Preparation: Financial and Emotional
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The Benefits of Early Divorce Preparation: Financial and Emotional

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

Sponsored post by Fair Result.

The decision to end a marriage is one of life’s most challenging crossroads. While divorce is never an easy journey, early preparation can significantly smooth the path ahead and protect your interests.

Our experience consistently shows that early preparation is crucial for achieving the best possible financial and emotional outcomes.

Understanding Financial Preparation

The Importance of Asset Documentation

The foundation of any successful divorce settlement lies in having a complete and accurate picture of your financial situation.

Starting this process early allows you to methodically gather and organise crucial financial information without the pressure of looming court deadlines. This involves more than simply collecting bank statements; it requires a comprehensive review of your entire financial portfolio.

When you begin early, you have the time to track down old pension statements, locate property deeds, and compile tax returns from previous years. This thoroughness can reveal forgotten assets or highlight financial patterns that might be relevant to your settlement.

For instance, we’ve seen cases where early preparation helped clients discover pension entitlements they weren’t aware of or identify patterns of spending that proved crucial during negotiations.

Financial Planning for Your Future

Early preparation provides the luxury of time to thoroughly evaluate your financial future. This means not just understanding your current financial position but actively planning for life after divorce.

You’ll need to consider questions like: Can you afford to keep the family home? What will your monthly expenses look like as a single person? How will your pension be affected?

Working with financial advisors early in the process allows you to create realistic budgets and financial plans. This might involve exploring different scenarios, such as whether to sell the family home or buy out your spouse’s share, or understanding how your pension might be split.

These decisions shouldn’t be rushed, and early preparation gives you the time to make informed choices rather than emotional ones.

Understanding and Managing Costs

One of the most significant advantages of early preparation is the potential for cost savings. Divorce proceedings can be expensive, but many costs can be minimised through proper preparation.

When you start early, you can:

Take time to gather documents systematically, avoiding rushed searches and duplicate requests that can increase legal costs.

  • Consider mediation or collaborative divorce approaches, which often cost significantly less than contested court proceedings.
  • Make clear-headed decisions about which issues are worth contesting and which might be better resolved through negotiation.

Emotional Wellbeing and Support

Personal Growth and Healing

The emotional impact of divorce shouldn’t be underestimated. Early preparation gives you valuable time to process your emotions and adjust to the idea of significant life changes.

This period can be used constructively to work with counsellors or therapists who can help you navigate the emotional challenges ahead.

Many of our clients find that starting therapy or counselling early in the process helps them maintain better emotional stability throughout the proceedings. This emotional stability often leads to better decision-making and more amicable negotiations with their spouse – which can significantly reduce both the emotional and financial costs of divorce.

Supporting Children Through Transition

When children are involved, early preparation becomes even more crucial.

Parents who take time to plan how they’ll handle the transition often see better outcomes for their children. This means carefully considering how to break the news, planning living arrangements, and maintaining stability in children’s routines.

Early preparation allows you to research and implement effective co-parenting strategies before they become urgent necessities. You can take time to understand how to communicate effectively with your co-parent, establish boundaries, and create parenting plans that truly serve your children’s best interests.

Many parents find that working with family therapists or child psychologists during this preparation period helps them better understand and address their children’s needs.

Professional Development and Career Planning

Divorce often necessitates career changes or returns to work – particularly for parents who have been out of the workforce.

Early preparation gives you time to:

  • Refresh your professional skills through courses or training programs.
  • Network within your industry or explore new career paths.
  • Research the job market and understand current salary expectations.
  • Consider flexible working arrangements that might better suit your new circumstances.

Practical Considerations and Legal Planning

The Value of Early Legal Consultation

Seeking legal advice early doesn’t commit you to divorce; instead, it empowers you with knowledge about your rights and options.

Early consultation with a solicitor allows you to understand the divorce process in detail, including potential timelines, costs, and outcomes. This knowledge can be invaluable in making informed decisions about your future.

During initial consultations, we can help you understand various approaches to divorce, from traditional court proceedings to mediation or collaborative divorce. Each approach has its advantages and disadvantages, and understanding these early allows you to choose the path that best suits your situation.

Building Your Support Team

A successful divorce often requires more than just legal support. Early preparation gives you time to assemble and work with a team of professionals who can support different aspects of your divorce:

  • Financial advisors can help you understand the long-term implications of different settlement options.
  • Accountants might be necessary for complex financial situations or business valuations.
  • Mediators can help facilitate productive discussions with your spouse.
  • Property experts can provide valuations and advice on housing options.

Moving Forward

The path through divorce is rarely straight or simple, but early preparation can make it significantly more manageable. At Fair Result, we’ve seen how clients who take time to prepare often achieve better outcomes and maintain better emotional wellbeing throughout the process.

Next Steps

If you’re considering divorce or separation, we encourage you to reach out for an initial consultation. Our experienced team can help you understand your options and begin planning for whatever path you choose to take.

Remember, seeking information and preparing early doesn’t commit you to any particular course of action – it simply ensures you’re equipped to make informed decisions about your future.

Feel free to reach out to us to schedule a confidential consultation with one of our experts. We’re here to help you navigate this challenging time with confidence and clarity.

Call: 07500933818 or 0333 577 7009

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

Find out more about Fair Result.

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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Divorce and Private Equity: Hedge Funds & Headaches
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Divorce and Private Equity: Hedge Funds & Headaches

Published on
Nicola Harries
Nicola Harries
Partner & Head of Family
Stevens & Bolton

The financial consequences and processes of divorce can be baffling even when the parties’ assets are reasonably straightforward. Lawyers are prone to using jargon and acronyms that are entirely unfamiliar to the lay client. Where the financial assets include private equity or hedge fund investments, the degree of complexity and jargon increases exponentially.

For those who do not work in the world of private equity, the investment structures and how they work are often entirely alien concepts. Those who do work in that world are so familiar with it that they struggle to explain those concepts to the uninitiated. This can leave a divorcing spouse feeling completely lost; the gradient on their learning curve becomes significantly steeper.

Matrimonial and Non-Matrimonial: To Share or Not To Share

For long marriages, courts will look to equally share the value of wealth accumulated by a couple during the marriage. However, where possible, a non-sharing approach will be taken to wealth brought into the marriage, wealth created after the marriage and inherited wealth.

Broadly, it is considered fair that a party should be able to keep the benefit of the wealth they create after separation because it’s attributable to effort made after the marriage has ended.

Therefore, whilst the capital and pension assets accumulated during a marriage are likely to be shared, future income will not. Income (or maintenance) orders are assessed against ongoing income needs.

Things are seldom clear cut; bonuses are often paid in the financial year after they were earned. A bonus received in the first year of separation is quite likely to have been referable to work undertaken in the final year of the marriage. Marriages don’t break down on schedule, so there is scope for argument where a marriage breaks down partway through the financial year against which a bonus is judged.

With private equity investments, the lines can blur where matrimonial wealth is invested in long running funds which may not pay off for many years after a marriage is over.  An additional complication arises as the structure of these funds means that future payments cannot be clearly said to be either capital or income – so what approach is the court to take?

Private Equity Fund Structure

Managers establish a fund and over time raise funds for investment. A management fee is charged for the funds under investment. As many of these funds are worth hundreds of millions of dollars, the management fees themselves can be significant.

The fund managers are usually required to co-invest in it, demonstrating that they have ‘skin in the game’, albeit usually at much lower levels than the institutional investors they attract.

Investments are then made in carefully chosen businesses, with the aim that these will be built up and sold at a profit over the lifetime of the fund, on average a period of 8-10 years.

A hurdle rate is set for the fund; this is the minimum return that must be achieved for the investors before the fund managers can share in any additional profit created. The entitlement to share in that surplus profit is known as ‘carry’. Not every fund’s return will exceed the hurdle rate so the amount of carry is inherently uncertain.

Co-Invest and Carry Upon Divorce

Co-invest

Usually, but not always, co-invested fund managers will share in the carry. However, in some funds managers can be entitled to share in the carry without having invested. Establishing the detail is key; if the co-invested funds emanate from matrimonial sources they would be shareable, albeit the sharing of that value may be deferred until the fund makes distributions. These often occur when an underlying business is sold.

Carry

The entitlement to share in the carry is far more complicated. To understand how the court approaches this, you must ascertain:

  • the degree of involvement a fund manager has had after the fund has been invested;
  • the dates the fund was established and the date on which the ‘close’ occurred – namely the point when all funds had been raised.

Continuing involvement with the fund

Not all private equity funds are invested in the same way. Whilst some funds invest directly into underlying companies, others invest in larger private equity funds which make those direct investments.

For the former, fund managers will be actively involved with the underlying companies invested in.

For the latter, often known as ‘funds of funds’, managers will decide upon the best fund(s) to invest in but will not be involved in the ongoing management of the underlying investments.  Whilst it requires skill to select the right fund, once the choice is made, the ‘fund of funds’ manager’s involvement is minimal compared to the manager who remains directly involved with the development of the underlying companies.

Using the principles above to reflect post-marital effort, the court could consider that once the ‘fund of funds’ investment is made, the investment return is attributable to the efforts of others and that any returns of co-invest or carry entitlement flowing from the performance of the ‘fund of funds’ should be shared.

Where the divorcing spouse is the actively involved fund manager, the development of the underlying companies can be argued to be a direct result of their ongoing efforts during the lifetime of the fund. In that case, the court will calculate and share the element of carry that is matrimonial.

That is assessed by reference to the period from establishment of the fund to the date of trial, taken as a proportion of the expected term of the fund from the date of close. For example, in the case of A v M [2021], the period between establishing the fund and the trial was 60 months. The period from close to the expected end of term for the fund was 113 months. The judge decided therefore that 53% (60/113) of the carry should be shared equally between the parties, with the fund manager retaining for themselves the remaining 47% to reflect the work they would do over the remaining term of the fund.

Specialist Advice and Drafting

For the large funds, the divorce of an individual whose investment is minimal compared to the overall fund size means that the parties have very limited power to call for the return of funds.  Unless one party is prepared to offset other assets to pay off their spouse sooner, they must usually wait for the fund to run its course before funds are received. As investments do not always pay off, most prefer to share the risk, meaning payments from distributions of co-invest or carry will be deferred, potentially for years.

An order reflecting the division of monies emanating from such a fund requires detailed drafting. Inevitably they are lengthy and complex because they must contain the safeguards to protect the receiving party from any attempts to thwart payments being made. They must also include requirements to provide documentary evidence of the performance of the fund, the timescales for the payments, the actual amounts paid and the tax consequences of those payments.

Some funds may permit the co-invest to be shared so that future distributions can be made direct to each spouse. Where this is possible, the order must make specific provision for the assignment, and further advice from corporate lawyers to implement the assignment will be needed.

If there are private equity or hedge funds involved in your divorce, it’s essential for experienced, specialist family lawyers to be involved to help you navigate and understand these complex investments, and to ensure that you actually receive the sums that you are entitled to.

About Nicola Harries

Nicola is the head of the family team at Stevens & Bolton, looking after clients coping with all aspects of family breakdown. Nicola has extensive experience dealing with mid to very high value divorce, including complex financial proceedings. She has drafted numerous pre and post nuptial agreements and advises unmarried families on the breakdown of their relationships, as well as dealing with disputes in relation to children. Nicola is ranked in the Legal 500 and Chambers UK Legal Directories and is a trained collaborative lawyer as well as a member of Resolution.

LinkedIn:

Nicola Harries

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Why Wealthy People Are Less Likely to Divorce
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Why Wealthy People Are Less Likely to Divorce

Published on
chloe-o-contributor
Chloe O.
Alternative Dispute Resolution professional and Certified Divorce Coach
The Divorce and Separation Coach

Divorce rates have long been a subject of social debate, with various factors contributing to the rise or fall in the dissolution of marriages. One recurring observation is that wealthier couples tend to stay married longer and are less likely to divorce compared to those with lower incomes. While this pattern cannot be explained by financial security alone, the correlation between wealth and lower divorce rates is undeniable. In this article, I explore the key reasons why rich people are less likely to divorce, focussing on financial stability, lifestyle choices, and the psychological dynamics unique to affluent relationships.

1. Financial Stability Reduces Marital Strain

Financial stress is one of the most commonly cited reasons for divorce. A study by the Institute for Family Studies found that couples earning less than £35,000 annually are 30% more likely to divorce than couples making over £50,000 per year . Lower-income households often struggle with debt, job insecurity, and day-to-day financial stress, all of which can strain a marriage. In contrast, wealthier couples typically have more disposable income and can afford luxuries, such as financial planning services, which help avoid financial disputes.

Moreover, the ability to enjoy a comfortable lifestyle without constantly worrying about money allows wealthy couples to focus on other aspects of their relationship. When you have a nanny to take care of the children when they are sick, a housekeeper to empty the dishwasher and do the dishes, a cleaner to pick up everyone’s mess and do the laundry, a large number of typical marital disputes are suddenly made obsolete. By removing one of the biggest sources of conflict, wealth offers a buffer against the financial stress that contributes to marital breakdown.

2. Access to Support Systems and Counselling

Wealthier individuals also have better access to marriage counselling and therapy services. Studies show that only 10% of couples in the lower income bracket use professional therapy services to resolve conflicts, compared to 30% of affluent couples . The cost of therapy can be prohibitive for low-income families, whereas wealthier couples can afford to invest in relationship counselling before issues escalate.

In addition, wealthier individuals may be more motivated to maintain a façade of a successful family life due to social pressures, particularly in high-status communities where divorce might be frowned upon. This societal expectation often pushes affluent couples to seek help and work through their problems rather than opting for divorce.

3. The High Cost of Divorce

For wealthy couples, the financial repercussions of divorce are significant. High-net-worth divorces can involve splitting businesses, properties, investments, and inheritances. The costs of legal battles, expert valuations, and asset division can be astronomical, with some wealthy individuals losing millions during a divorce.

In the UK, divorce for the wealthy often requires involvement in complex court proceedings. The cost of legal fees for a contested divorce can exceed £50,000 , and this doesn’t include the financial settlements that may follow. As a result, many wealthy couples see staying married as a way to protect their assets, choosing to endure or live separately rather than face the potentially catastrophic financial consequences of a split. Because of the additional wealth, they can afford to live parallel lives in two different homes while still being married.

4. Investment in Children and Legacy

Wealthier families place a high value on family legacy and the preservation of generational wealth. In these households, the emphasis is often on maintaining the family unit to ensure the smooth transfer of wealth and estate. Divorce can disrupt this process, complicating inheritance and estate planning for future generations.

Additionally, affluent couples tend to invest heavily in their children’s education and upbringing, often enrolling them in private schools and elite extracurricular activities. According to a report by the Social Market Foundation, children from wealthier families are 75% more likely to attend private schools than their peers from lower-income backgrounds . The desire to avoid disrupting their children’s lives—whether it’s their education or social circle—acts as a strong motivator for wealthy couples to remain married, even if their relationship is strained.

5. Shared Business Interests and Power Dynamics

Wealthy couples often have intertwined financial interests, such as co-ownership of businesses or properties. Divorce can be detrimental to their financial success if their assets are split or if a business is sold as part of the divorce settlement. A study conducted by the financial consultancy Wealth-X reported that 40% of high-net-worth individuals (those with £1 million or more in assets) have financial holdings that would be severely affected by divorce .

Moreover, wealthy individuals often have prenuptial agreements in place, which clearly outline the division of assets should a divorce occur. These agreements make divorce a less attractive option for the less-wealthy spouse, as they may receive far less than they would without such a contract. In cases where significant assets are protected by prenuptial agreements, it often makes more sense for the couple to stay married than to risk losing financial stability.

6. Different Priorities and Expectations

Couples from wealthier backgrounds may marry later in life, once their careers and financial foundations are secure. Delaying marriage often leads to greater relationship stability; individuals who marry after the age of 25 are 50% less likely to divorce compared to those who marry younger.

Additionally, for wealthier couples, marriage may be more of a practical arrangement than a purely emotional one, serving as a partnership that aligns long-term financial, social, and familial goals. When a marriage is framed around shared ambitions and business interests, there is often less emotional volatility that can lead to divorce.

Conclusion

While financial stability alone cannot guarantee a successful marriage, it undoubtedly reduces many of the stressors that contribute to divorce. Wealthier couples are often shielded from the financial pressures that strain lower-income marriages, and they have greater access to resources, such as counselling and legal advice, that help preserve the relationship. The high cost of divorce, both in financial and social terms, further encourages affluent individuals to work through marital issues rather than separating.

Statistics consistently show that wealthier couples experience lower divorce rates. According to the Office for National Statistics (ONS), the UK divorce rate for couples in the highest income quintile is approximately 9%, compared to 26% for those in the lowest income quintile . The combination of economic security, lifestyle choices, and psychological factors all contribute to why wealthier couples are less likely to divorce, creating a clear correlation between wealth and marital longevity.

Read more articles by Chloe O.

About Chloe O.

“My name is Chloe O., I am an Alternative Dispute Resolution (ADR) professional and a Certified Divorce Coach. I specialise in working with women to help them reduce conflict during and after divorce by improving their negotiation and communication skills with their spouse. The objective is to work towards an amicable divorce outcome in order to minimise the emotional and financial cost of divorce. I work with all types of clients but I have extensive experience in supporting expatriates and international families who are dealing with the unique situation of living abroad during and after their divorce, with limited local family support, language barriers and relocation considerations.”

For more information about my work and services (including my Podcasts, newsletter, myth-buster videos…), you can visit my website and/or follow me on Instagram, Facebook or LinkedIn.

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I'm a Divorce Solicitor: Here Are My Top 5 Tips for an Amicable Divorce
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I’m a Divorce Solicitor: Here Are My Top 5 Tips for an Amicable Divorce

Published on
Lauren Laverick
Lauren Laverick
Solicitor
Beecham Peacock Solicitors

The most recent data from the Office for National Statistics (ONS) revealed that England and Wales processed 80,057 divorces in 2022, the lowest amount since 1972. Whilst this is positive for most, there is still a huge proportion of marriages that end in divorce – 34.2% on average, based on the ONS statistics.

For most, going through a divorce is one of the most challenging periods in their lives – “I love you, but I’m not in love with you”, “It’s just not working” and other cliché phrases leave people feeling blindsided, frustrated and angry.

Despite this, it’s in everyone’s best interest if divorce proceedings are resolved amicably, especially if children are involved. Divorces which are taken to court, where one half of the couple is blamed for divorce, are expensive, lengthy and only serve to build resentment.

Remaining amicable in heartbreak is easier said than done, so to help struggling singles move on with their lives, we asked Newcastle family law solicitor Lauren Laverick from Beecham Peacock for expert advice on achieving an amicable divorce.

Leave social media out of it

“It might be tempting to vent relationship frustrations on social media, but airing your dirty laundry online can have serious negative consequences during the divorce procedure,” says Lauren. “Anything you post online can be used as evidence in court, with negative or inflammatory posts about your ex being used as proof of behaviour or character. These are the points of contention which could seriously complicate matters concerning child access and contact, as well as spousal support.

“Speaking from an emotional perspective, negative social media posts, comments or interactions can be perceived as harassment and be incredibly distressing,” they continue. “Negativity online can escalate grievances and make amicable separation harder to achieve, especially if the spectacle is public and can be witnessed by friends, family or your children – involving others in a personal matter.

“Ultimately, it’s best to leave social media out of it, and if communication breaks down, communication instead should only be conducted through a third party – ideally a divorce solicitor.”

Talk to your children

“For children, divorce can become a traumatic experience if dealt with poorly,” Lauren continues. “It’s important that you communicate to your child openly and honestly, reassuring them that their family aren’t going away, but reshaping.

“Children who do not yet understand the delicate and complex nature of relationships may feel as though one half of their parents no longer love them,” they add. “This is also why you should not argue with your ex-partner in front of your child or discuss grievances with them. Your child loves both of you and will likely be mourning the original composition of your family, any attempt to persuade them to ‘pick a side’ is unhelpful and will only cause resentment.

“From a legal perspective, a child who is better informed of the separation will be more receptive to child access times once proceedings are finalised, which is best for both parties.”

File for no-fault divorce

“Introduced on April 6, 2022, no-fault divorces are the ideal option for an amicable separation,” says Lauren. “They reduce potential conflict by removing finger-pointing and absolving either party of any blame for the breakup.

“The removal of blame reduces animosity, instead allowing the couple to focus on more important and practical issues – such as child access, contact and splitting assets,” Lauren continues. “No-fault divorces are also much cheaper as the dispute will not be taken to court, maintaining the privacy of the breakup by keeping grievances out of the public record.

“Not to mention, no-fault divorces are the quicker and simpler option for separation, helping both parties move on with their lives as soon as possible.”

Consider a collaborative law process

“When you start the process of contacting a solicitor about your divorce proceedings, you may want to consider a collaborative law process. This is a newer way of dealing with family disputes, where both parties appoint their own lawyer, but then meet face-to-face to resolve the outstanding issues and proceedings,” Lauren explains.

“This is a very cooperative approach to resolving your divorce, encouraging respectful communication and allowing the couple to have greater control of the outcome. Like no-fault divorces, this process is quick, less expensive and avoids court proceedings.

“Many couples find this a more amicable way of conducting a divorce as it encourages the couple to work together to make decisions on what’s best for everyone involved, including the children. By working together, often couples reach a more understanding solution. However, this method of separation is not ideal if communication has already broken down and working together in this way is likely to cause further tension.”

Contact a professional sooner rather than later

“It’s essential for couples to lean on the expertise of professionals during the divorce proceedings – the earlier this is done, the quicker you’ll get towards reaching an amicable solution,” Lauren says. “Professional divorce solicitors aren’t only knowledgeable, they are non-judgemental and offer an objective viewpoint of this situation. This is helpful in ensuring a calm and rational response to a breakup at a very difficult and emotionally charged time.

“It’s important to investigate the services of a few different solicitors to find one which best aligns with you and your situation. Your solicitor will have your best interests at heart, and should aim to help negotiate a fair and equitable separation which is best for all parties involved – making sure there is no residing resentment after the proceedings are finalised.”

Are you in the process of a divorce and don’t know where to start? If so, we wish you and your partner the best and hope this advice has been helpful in bringing the relationship to an amicable end.

Read more articles by Lauren Laverick.

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.

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Financial Disclosure: How to Gather Information

Published on
Vikkie Chetcuti-Gee
Vikkie Chetcuti-Gee
Associate
Burgess Mee

If you are filing a divorce application, you will also need to think about the financial aspect of your separation and how your assets will be divided between you. Although the two are (legally) separate processes, they go hand in hand and should be considered at the same time.

As part of figuring out how to financially separate from one another, it is likely that you and your spouse will need to exchange financial disclosure. In this jurisdiction (England and Wales), you have a duty to be full and frank with each other, which means you must both disclose all of your assets, liabilities and income wherever they are in the world.

What is financial disclosure?

If you are attending mediation with your spouse the mediator may have their own procedure and bespoke forms for you to complete. However, ordinarily, you will both need to complete a ‘Form E’, a long document which asks you to set out your financial position in detail. The purpose of the form is to allow each of you to have a clear picture of what the other has and says they will need so that you can make informed decisions about how the finances should be divided (or if they should be divided at all).

Once you have exchanged financial disclosure, you will both have the opportunity to ask questions about the information provided if further evidence or clarity is required. For example, if you are aware that your spouse has another bank account that they have not listed in their Form E, you can ask about this in your questionnaire. If, after receiving the answers to your questions, you are still not sure you have a complete picture, you can raise further questions in a document called a ‘schedule of deficiencies’. This is not an opportunity to ask new questions but to focus on the questions you originally asked that have not been answered properly.

If court proceedings have already been issued then you will both be required to complete the Form E as a formal court direction and it will be referred to in the proceedings and seen by the judge(s) who hear your case. If you are exchanging Forms E voluntarily but proceedings are issued later on (which may require you to complete the form again if it is sufficiently out of date or circumstances have changed) it is important to bear in mind that the court can see your original form.

What documents and information do I need to provide?

The Form E is divided into numerous different sections to enable you to provide information on:

  • Any property in which you have an interest.
  • The sums held in your bank accounts and any investments you may have. Also, the value of any life insurance policies.
  • The value of debts that are owed to you (for example, if you have loaned money to a friend that you are expecting to be repaid), any cash held in excess of £500 and any belongings worth more than £500.
  • Any liabilities you have, such as credit cards or bank loans and any CGT you would have to pay if any property or other asset you have is sold.
  • Business assets and directorships.
  • Pensions (excluding the state pension but it will not hurt to obtain a valuation online for this so that you are aware of any potential shortfall that may need to be addressed as part of the settlement), other assets and income (from employment, self-employment, partnership, investments, state benefits and any other income).

The form also asks you to confirm your income and capital needs (i.e. how much you need to meet your outgoings and to house yourself) and any other information you would like the court to take into account. This includes, but is not limited to, any significant changes in assets or income in the last 12 months or that you expect in the next 12 months. Finally, you can confirm what orders you would like the court to make. Even if you are not in court proceedings and are completing the form voluntarily it can be a good idea to complete this section to ensure your spouse has a clear picture of what you would like to happen. If you have a solicitor, they can advise you how to complete these sections.

You are also required to provide documents in support of the information you have provided. There is an extensive list on the final page of the form; depending on your circumstances, these may include:

  1. A recent mortgage statement (if applicable) and any valuations obtained in the last 6 months for any properties or land in which you have an interest.
  2. For each of your bank accounts, statements for the last 12 months (this is usually one of the most cumbersome tasks in preparing your disclosure).
  3. The latest statement for any investments.
  4. The surrender value for any life insurance policies.
  5. The last two years’ accounts and any other documents on which you base your valuation of your interest in any business.
  6. A statement confirming the cash equivalent value (or ‘CEV’) of your pension(s) and confirmation of your state pension entitlement.
  7. Your last three payslips, most recent P60 and P11D if you are employed.
  8. A copy of your last tax assessment (or a letter from your accountant confirming your tax liability) if you are self-employed and management accounts if your net income for the last financial year and estimate income for the next 12 months is significantly different.

You can also provide additional documents where necessary to explain or clarify any of the information you have supplied in the form.

Common mistakes people make when completing their disclosure

Providing your disclosure can be a protracted and cumbersome task so start gathering this information as soon as possible. It’s not unusual for mistakes to be made but these can lead to avoidable questions being asked at the questionnaire stage, which can increase the time spent on exchanging full disclosure and, if you have a solicitor, will increase your costs.

A common mistake is failing to list bank accounts because they are inactive or have a nil/negligible balance. Even if you no longer use the account, it must still be listed and bank statements provided (evidencing the zero balance). Another mistake is not calculating the total figures correctly. The form provides for all of your assets (less any liabilities) and income to be set out so that your spouse has a clear snapshot of your financial situation. Miscalculations can lead to further mistakes down the line if the figures are used in, for example, an asset schedule.

Finally, it is really helpful all round if the documents attached to the form are in a coherent and clearly labelled order. When putting your disclosure together you should aim to provide as much information clearly and as concisely as possible to avoid further questions. Bank statements are often numbered so it can be easy to see where there is a missing page. Likewise, provided there is a clear run of chronologically-dated entries, there is no need to include the superfluous pages often sent by banks.

What happens if you and your spouse agree not to exchange financial information?

It is possible for you and your spouse to agree not to exchange full disclosure via Form E. This might arise where the situation is amicable between you and you have already agreed how to resolve the financial aspect of your separation (which will need to be jointly filed with the court in a consent order). In that case, the court still requires you to provide some disclosure, but in a much shorter form called a ’Form D81’. This is simply a summary of your finances that shows the net effect of your agreement without providing full details or documentary evidence in support.

If you and your spouse have agreed the above, your solicitor (if you have one) is unlikely to be able to advise you properly about whether or not the agreement you have reached is fair and in line within the bracket of outcomes that a court may have ordered. To do this, they will need to see full disclosure by way of the process set out above. It is not uncommon for solicitors to ask clients who wish to proceed this way to sign a waiver confirming that they understand they are entitled to see full and frank financial disclosure from their spouse, that they wish to proceed without it, and that they accept the inherent risk that there may be unknown assets (or liabilities) of which they have no knowledge. It can be extremely difficult to revisit once concluded so advice should always be sought and caution exercised as to any potential unknowns. Your solicitor is not trying to be difficult. Instead, use this point as a moment to pause and reflect as to whether you are entirely content with the agreement you have reached and whether there is anything else you wish to know.

Conclusion

The main thing to remember when preparing your Form E is to start it early (don’t leave it until the week before you are due to exchange) and be as thorough as possible. It is one of the most important documents you will need to prepare during your separation and will be referred to often. Your case could be delayed if it is not completed correctly or insufficient information has been provided. It is also an opportunity for you to take stock of your own financial situation, obtain a much clearer understanding of your family’s overall finances and help you plan for the future.

Read more articles by Burgess Mee.

About Vikkie Chetcuti-Gee

Vikkie Chetcuti-Gee handles a range of family law cases, including complex financial proceedings frequently involving family trusts, significant business structures and forensic disclosure requests. She specialises in pre- and post- nuptial agreements for a range of clients from all walks of life, often for high net worth clients with a focus on sports personalities and their families. She also has a wealth of experience in private children law matters, particularly involving allegations of domestic violence and abuse, and where the other party involved is particularly intransigent. Vikkie is a member of Resolution and is committed to resolving cases in a non-confrontational way where possible.

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How to Prepare for Divorce: Steps to Take Before Filing
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How to Prepare for Divorce: Steps to Take Before Filing

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

Sponsored post by Fair Result.

Divorce is an emotional and life-changing process. If you’re considering ending your marriage, knowing how to prepare before you file can make a significant difference in the outcome. With the right preparation, you can avoid common pitfalls and protect both your emotional wellbeing and financial future. Whether you’re seeking guidance on the divorce process or looking for effective divorce solutions, this guide will walk you through the essential steps to take before filing for divorce.

Step 1: Evaluate Your Reasons for Divorce

Before filing for divorce, it’s important to take the time to reflect on why you want to end the marriage. Divorce is a major decision that affects your life, your children (if you have any), and your finances. Ask yourself the following questions:

  • Have you considered marriage counselling or therapy?
  • Is this a temporary conflict or a long-term issue?
  • Are you financially prepared for the divorce process?

If you’ve weighed the pros and cons and feel that divorce is the right path, then it’s time to start preparing.

Step 2: Prepare Financial Documentation

One of the most important steps before filing for divorce is organising your financial records. Divorce settlements heavily rely on accurate and complete financial information. Collect the following documents:

  • Tax returns (last 3–5 years).
  • Bank statements and financial accounts (savings, checking, retirement).
  • Investment portfolios.
  • Mortgage and property information.
  • Pay slips and employment records.
  • Debts (credit cards, loans, etc.)

These documents will provide a clear picture of your financial standing, making it easier to negotiate a fair divorce settlement. If you’re looking for divorce solutions that can help you manage this process efficiently, consider reaching out to Fair Result.

Step 3: Understand and Prepare for the Divorce Process

Divorce laws and processes vary depending on your location. In the UK, you can file for divorce using one of two methods: a sole application or a joint application. It’s crucial to understand which option is best suited for your situation. Here’s a brief overview:

  • Sole Divorce Application: One spouse files for divorce without the other’s participation. This may occur when the divorce is contested, or the spouses are not on good terms.
  • Joint Divorce Application: Both spouses agree to the divorce and file together. This is often the less contentious route and can lead to a smoother and faster resolution.

Understanding which route to take will help you set realistic expectations about timelines and costs. In 2024, the average time from filing to a final divorce order for sole applications was around 49 weeks, while for joint applications, it was 43 weeks. Keep this in mind as you prepare for the process ahead.

Step 4: Plan for Your Children’s Wellbeing

If you and your spouse have children, their wellbeing must be at the forefront of your divorce preparations. The family court system prioritises the best interests of the children, and so should you. Consider the following:

  • Where will your children live?
  • How will custody and visitation be divided?
  • What financial support arrangements need to be made?

Make sure you understand the legal aspects of child custody, support, and visitation agreements in your area. It’s also important to keep the lines of communication open with your spouse when it comes to parenting decisions. If you’re unsure about any of these aspects, seeking advice from an experienced family law professional can help you find the right divorce solutions.

Step 5: Consider Your Living Situation

Divorce often means a significant change in living arrangements. If you’re living with your spouse, you should plan whether one of you will move out or if you will continue living together during the divorce proceedings. The decision may depend on:

  • Ownership or rental agreements.
  • Financial stability and ability to afford separate housing.
  • Custody arrangements for children.

In some cases, staying in the marital home during the divorce process might be necessary to ensure stability for the children or for financial reasons. However, if the environment becomes too toxic or stressful, moving out might be a better option for your mental health.

Step 6: Seek Legal Advice and Support

No matter how amicable your relationship with your spouse may seem, it is always in your best interest to prepare and consult with a family law expert before filing for divorce. Legal advice can help you avoid common pitfalls, such as agreeing to an unfair financial settlement or signing documents you don’t fully understand.

At Fair Result, we offer unique divorce solutions with fixed fees, ensuring that you won’t have to worry about escalating legal costs. Our team of divorce specialists is here to guide you through the entire process, sharing the financial risks with you. You pay nothing until your divorce is finalised, allowing you to focus on moving forward with confidence.

Step 7: Protect Your Emotional Wellbeing

Divorce is an emotional journey, and it’s easy to become overwhelmed by stress, anger, or sadness. Taking care of your mental health is just as important as the legal and financial aspects of divorce. Consider seeking emotional support from:

  • Therapists or counsellors
  • Divorce support groups
  • Trusted friends or family members

Maintaining a strong emotional foundation will help you stay focussed and make better decisions during the divorce process. Divorce solutions that address both the emotional and financial aspects are essential for a smoother transition.

Step 8: Budget for the Divorce Process

The financial impact of divorce can be significant, and it’s important to create a realistic budget for the process. Divorce costs can vary depending on the complexity of your case and the law firm you choose. The cost of living crisis has made many couples hesitant to move forward with divorce, but with the right legal team, you can minimise financial stress.

Fair Result offers a fixed-fee structure, meaning you won’t pay anything until your divorce settlement is finalised. This innovative approach allows you to avoid unexpected fees and prepare your finances with confidence.

Why Early Divorce Preparation Matters

Preparing for divorce before filing can save you time, money, and emotional stress. By following these steps and seeking professional guidance, you can ensure that you are prepared for the challenges ahead. Divorce solutions from trusted firms like Fair Result are designed to help you through the process with minimal disruption to your life.

Are you considering divorce?

Contact Fair Result today to learn how our expert team can assist you in navigating this difficult time. With our fixed-fee divorce solutions, you can rest assured that your financial and emotional wellbeing will be protected every step of the way.

Call: 07500933818 or 0333 577 7009

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

Find out more about Fair Result.

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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Agreeing Living Arrangements for Autistic Children When Separating
Photo by Daiga Ellaby on Unsplash

Agreeing Living Arrangements for Autistic Children When Separating

Published on
Rina Mistry
Rina Mistry
Senior Associate & Solicitor
Nelsons Solicitors

According to statistics, there is an increased risk of separation between parents of children with autism due to the challenges posed by the condition placing an additional strain on the relationship.

Agreeing on living arrangements for autistic children when parents are separated can be a complex and challenging process. Rina Mistry, senior associate from Nelsons solicitors is outlining some of the steps and considerations that may help in such situations.

Child’s best interest

First and foremost, it is vital that the child’s well-being and best interests are prioritised over and above personal differences. Parents must consider the child’s unique needs, routines, and preferences when deciding on living arrangements. This must be made a priority; the focus is the children’s best interests and not the interests of the parents.

Open communication

Parting couples need to maintain an open, respectful, and constructive communication with the other parent. Discussing the child’s needs, strengths, challenges, and potential living arrangements should be carried out in a calm and constructive manner. This does not necessarily need to be in person, and it is now very common for parents to use court-approved apps as an effective way of co-parenting.

Parents need to acknowledge and respect the other parent’s role in their child’s life. A positive relationship between the child and both parents should also be encouraged.

Consistency and routine

Children with autism often display repetitive behaviours and interests, meaning that they benefit from having a strict routine in place. One way in which to do this would be for the parents to remain living in the family home together. However, this might not be practical in the circumstances and could certainly present difficulties.

Nesting or birdnesting is becoming increasingly popular among separating parents and can provide a short-term solution to the arrangements for the children while long-term plans are being made. The advantage of a nesting arrangement is that the children will remain in the family home (the nest), while the parents leave and return to the property sequentially.

At the very least, parents need to aim for consistency and stability in their child’s living environment and routines. This could include creating a schedule that allows the child to adapt comfortably between both parents’ homes.

Collaborative decision-making

Parents should seek to collaborate on and agree on a detailed parenting plan that includes the child’s specific needs and care requirements and the living schedule, including weekdays, weekends, holidays, and vacations.

The parenting plan should address how both parents can support the child’s therapies, schooling, medical appointments, and any other important decisions that need to be taken and agreed upon.

Flexibility and adaptability

It is important to be flexible and willing to adapt the living and contact arrangements as the child’s needs change over time. Parents are also advised to maintain a cooperative approach, allowing adjustments when necessary.

Professional input

Based upon the circumstances, advice from therapists, educators, or healthcare professionals who understand your child’s needs may need to be obtained. Their insights and recommendations can provide guidance in creating suitable living arrangements.

Documentation

Separating couples should keep records of all agreements and modifications made regarding their children’s living arrangements. Written documentation can help prevent misunderstandings and serve as a reference if conflicts arise.

Self-care

Finally, take care of yourselves as parents. Managing a child’s needs, especially one with autism, can be demanding. Ensure you have a support system and take time for self-care to manage stress effectively.

Remember, each situation is unique, and what works for one family may not work for another. Flexibility, empathy, and a child-centred approach are key in finding suitable living arrangements that meet the needs of an autistic child in a separated family.

Guidance and advice from a specialist family law solicitor can be instrumental in navigating these challenges and can ensure clarity and enforceability in the arrangements made.

Read more articles by Nelsons Solicitors.

About Rina Minstry

Rina qualified as a Solicitor in 2013 and joined the expert Family Law team at Nelsons in December 2020 as a Senior Associate, following its acquisition of Glynis Wright & Co.

Rina advises on a wide range of family law work, including divorce, civil partnership dissolution, finances, separation agreements, child arrangements, parental responsibility, cohabitation/living together agreements, Prohibited Steps and Specific Issues Orders, child relocation, parental alienation and domestic violence.

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Grandparents' Rights: How They Can See Their Estranged Grandchildren
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Grandparents’ Rights: How They Can See Their Estranged Grandchildren

Published on
Nicki Mitchell
Nicki Mitchell
Partner
Jones Myers

The contribution of grandparents, which is celebrated on Sunday, October 6 this year, is a reminder of the formative role they play in their grandchildren’s upbringing, wellbeing and development.

Sadly, these vital bonds can be severed if the children’s parents’ divorce or separate. Here are some questions we are often asked about grandparents’ rights.

What are grandparents’ rights?

As the law stands, grandparents have no automatic legal right to contact with their grandchildren.

What happens if the parents break up?

Grandparents involvement with their grandchildren takes on an even greater importance during divorce and separation when their homes can become a stable haven away from the stresses and strains of their parents’ break up.

The loss of such intimate connections can impact upon a child’s emotional welfare and be detrimental to their overall wellbeing.

In situations like this it is possible for grandparents to make an agreement with the children’s parents regarding contact with their grandchildren.

Arrangements can be agreed informally, or through a formal agreement drawn up by experienced family lawyers. Agreements often include when grandparents can visit their grandchildren and /or contact them by phone or email, and any other provisions they wish to make.

Is mediation an option in such cases?

Yes, family mediation offers a non-confrontational option where grandparents and parents can commit to reaching a solution in a spirit of communication and cooperation.

How does mediation work?

An experienced and impartial mediator like me would have a confidential Mediation Information Assessment Meeting (MIAM) with the grandparents.

After establishing that this option is the right way forward, the mediator meets separately with the grandchildren’s parents. Both parties then sign an ‘Agreement to Mediate,’ enabling negotiations to continue on a ‘without prejudice’ basis.

Both grandparents and parents can each appoint and retain their own solicitors who can, where appropriate, also attend the mediation discussions and consult with them outside of the meetings.

Agreed arrangements for contact with grandchildren can be compiled in an agreement signed by parents and grandparents. The process can be completed in as many or as few meetings as are required to reach agreed solutions.

What if the children’s parents refuse to mediate?

In situations where an agreement cannot be reached, grandparents can apply for permission from the court to apply for an order, known as a Child Arrangement Order from the Family Court to see their grandchildren. Experienced family lawyers can also assist and guide clients through this process.

The emotional and physical bonds between grandparents and their grandchildren are unique. Ensuring their continuity will go a long way to enhance their grandchildren’s stability and advancement in their formative years ahead.

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  www.jonesmyers.co.uk

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