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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
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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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Wanting to Separate? Starting the Divorce Conversation
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Wanting to Separate? Starting the Divorce Conversation

Published on
Jo Harrison
Jo Harrison
Divorce Consultant and Relationship Therapist
Family Law in Partnership

Every relationship is different and any conversation about separation is highly personal, but there are themes to consider if you are building up to discussing separation with your partner.

Safety First

When it comes to ending a relationship, safety may be the most significant consideration.  In some situations, the moment you tell your partner that you want to separate is when you are most likely to be at risk of violence. If you have any safety concerns, I suggest that you seek legal advice before speaking to your partner (making sure that the act of booking a consultation doesn’t put you at risk). In such a consultation you are likely to think about a practical plan to ensure that you and any children are in a safe place with access to support.

Planning the conversation

It is never going to be an easy conversation, particularly if your partner is not expecting it. Some couples find that going to relationship therapy and looking at the problems in their relationship can help them to transition into the separation more smoothly. Having this kind of support for your relationship can help you to create space to listen to how each other is feeling and can support mourning where necessary. If joint work doesn’t feel possible then it can be helpful to seek your own individual therapy to work out what you feel about the relationship and how to communicate this sensitively.

Timing

With or without couples therapy, I recommend that you think carefully about the timing of the conversation. You may feel there is never going to be a good time, but you can create a space for the conversation to happen by considering the following steps:

  • schedule a proper time, giving your partner notice that you want to talk to them – rather than springing it on them spontaneously;
  • make it a supportive time when you are able to talk and process what is being said – not just before bed or just before one of you has to go off to work;
  • if you have children and it is possible, arrange for them to be looked after by someone else so that you can focus on each other;
  • have a plan for afterwards.

Tone

I also recommend that you think about the tone of the conversation and how to make it constructive. If you list all the problems you’ve had with your partner, it is likely to make them defensive and this might get in the way of them being able to take on board what you are saying. This is where it can be helpful to describe the issues in the marriage between you from your own experience, using phrases such as ‘I feel’, rather than making it a blaming conversation.  This can be difficult if you have a lot of angry and disappointed feelings towards your partner that you feel you need to express, but in the initial conversation remember that, particularly if the news is coming as a shock to your partner, there is only going to be so much information that they can take on board.

This also links to another consideration – if you have had some time to emotionally prepare for the ending of the relationship you may feel that you want to start talking immediately about the practicalities of separating. Your partner, however, may be processing the emotional side of things and have absolutely no bandwidth for thinking about the practicalities.

For both the person initiating the divorce and the person receiving this information, it can be really helpful to prepare for how this part of the conversation is going to go. You should be prepared to allow each other time and space to process what’s happening.

Transition

Ultimately it is not just about one conversation. The moment you tell your partner that you want a divorce may be the first time it is verbalised, but it may reflect many years of thinking about it. There will be a process, both legal and psychological, that will follow in which it will be important that you both have a support network within which to think about the implications of your separation.

I often work with people who are contemplating or thinking about divorce to give them space to prepare for this big transition in their life and to support them in thinking about how to handle it best in the relationship.

Expert View

Jo Harrison, a Divorce Consultant and Relationship Therapist, says: “Each divorce is different and has its own set of challenges. There are difficult choices to be made and difficult feelings to cope with – whether those feelings are your own or those of your ex-partner. Being able to talk about and process the changes that divorce entails can be really helpful.

Parents can use counselling to think about what is going on for the whole family and how to minimise the impact on any children. Some people come in for a one-off session and others may come more regularly – it really depends on the situation and we can think together about what might be best.” 

About Jo Harrison

Jo is a Divorce Consultant and Relationship Therapist with Family Law in Partnership. She is very experienced in working with individuals and couples who are separating.  A former family lawyer, Jo has a depth of experience and understands the legal process, which many if her clients find helpful.

If you would like to enquire about support individually in relation to preparing for a divorce or separation, please contact the FLiP relationship support team at E: therapists@flip.co.uk 

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Why Pre-Nups Protect Assets and Peace of Mind

Published on
Nicki Mitchell
Nicki Mitchell
Partner
Jones Myers

Pre-nups are in headlines as Jennifer Lopez and Ben Affleck face a messy and complicated divorce amid reports that they tied the knot without one in 2022.

While the assets of the high-profile stars, who are jointly worth $550 million, are a far cry from those of most divorcing couples, pre-nups – which set out how finances will be resolved – continue to be on the rise.

This is because more couples embarking on marriage want to protect themselves and their assets, avoiding the potential distress, acrimony, and expense of disentangling their finances if they break up.

The growing popularity of pre-nups reflects how more couples want to protect their own futures and do ‘the right thing’ by each other – and by any children, whose interests should always come first.

Pre-nups can work particularly well for couples marrying for a second time who often want to make sure they can retain their own wealth in the event of a separation and protect the interests of children from previous relationships.

The agreements can also give reassurance in cases where a wealthier spouse agrees to provide for the other spouse if they separate.

How do you go about getting a pre-nup?

  • To enter into a pre-nuptial agreement properly, the couple each need to obtain independent legal advice on the agreement
  • Both must also have disclosed their assets to each other and the terms of the agreement must produce a result that is fair and reasonable
  • The agreement should be negotiated and signed at least 28 days before the wedding. This allows both to obtain advice, have time to consider it, and make an informed decision on signing it

Do courts uphold pre-nups?

Increasingly courts are upholding pre-nups on divorce as long as they  are satisfied that the agreement was entered into freely, without undue pressure  and with the benefit of full financial information and independent legal advice.

As the law stands, a court  still needs to approve  the settlement at the point of divorce, ensuring the agreement meets the needs of both parties. If it does not, a different order can be made but this is very likely still to take the terms of the pre-nup into account to some extent.

Taking the time to draw up a pre-nup before marriage can avoid financial and emotional heartache in a marriage breakdown.

Highly experienced family lawyers like Jones Myers can advise on pre-nups, post-nups or any aspect of family law.

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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Top Tips To Consider When Preparing For Divorce
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Top Tips To Consider When Preparing For Divorce

Published on
Emma Davies
Emma Davies
Partner
Nelsons Law

Going through a divorce is a stressful time that can cause conflict between both parties. Specialist family lawyer and qualified collaborative practitioner Emma Davies shares her top tips with us to ensure as smooth a transition as possible into the next chapter of your life.

Understand your financial situation

One of the important things you will need to consider is the distribution of financial assets. Estimating the value of the marital pot will help give you an idea of what you may be entitled to as the Court’s starting point is equal sharing of matrimonial assets.  Giving consideration to your housing needs and what you would need to purchase your own property taking account of your mortgage capacity is a helpful starting point as the Court has the discretion to depart from equality depending on the needs of the parties and their dependent children.  We’d always recommend keeping a budget of your income and expenses as this will help in determining whether you would be entitled to spousal maintenance and, if so, the appropriate amount.

Collate the paperwork

Gathering together all of the relevant financial documentation is at an early date will save a lot of time moving forward and vastly aid in your preparation. Some of the documents you need to ensure you have are:

  • All bank and building society account statements for the last 12 months;
  • Up to date credit card statements;
  • Redemption statements for loans;
  • Details and documentary evidence of investments;
  • Cash Equivalent Transfer Values for pensions
  • Mortgage redemption statements; and,
  • Property Title information.

You will also need your most recent P60 and payslips if you’re employed, or two years of accounts if you’re self-employed.

Look to the future

It can be very easy to get bogged down in the present and focus only on the current proceedings. However, it’s important to consider if it is possible to become financially independent from your spouse after your divorce and whether it is possible to undertake further training or a change of job to improve your position. While the Court can make an order providing you with spousal maintenance if you cannot meet your income needs,  it will work towards the financial independence of both parties and achieving a clean break focussing on what both parties earning capacity is.

Entitlement to child maintenance is,  in most cases, determined by the Child Maintenance Service.  The online child maintenance calculator on the gov.uk website serves as a useful starting point to ascertain the appropriate amount that should be paid by the non-resident parent.

Document your valuables

Keep a full record of possessions with photographs if possible – this includes the contents of your house, vehicles, jewellery etc.–  if anything goes missing, this provides proof of its existence. Try and agree an amicable division of these chattels as often, the legal cost in doing so are disproportionate to the value of those items.

Don’t act in haste

It can be tempting to make quick decisions such as moving out of the marital home., Take legal advice before making any decisions of this magnitude. Once such decisions are made, going back on that choice can often be far more difficult and could also have an adverse effect on your case.

Seek expert advice

The most important thing to do before starting a divorce is to seek legal advice. Having a solicitor put a strategy in place to help you navigate your way through proceedings will drastically ease stress during what we know can be an overwhelming and emotive time. Solicitors can give you a good indication of where you stand and how divorce will affect you financially. Every case is different, and it’s important you seek advice tailored to your specific circumstances.

About Emma Davies

Emma is a partner and head the family law team at Nelsons. She qualified as a Solicitor in 2008 and has been at Nelsons since 2009.
Emma advises on divorce and financial settlements which involve complex issues and substantial assets. She also advises on pre and post nuptial agreements and separation agreements along with private law Children Act disputes. Emma is a qualified collaborative practitioner.
Emma’s areas of expertise include divorce, civil partnership dissolution, financial provision, collaborative law, pre-nuptial agreements, post-nuptial agreements, separation agreements, parental responsibility, child arrangements, and prohibited steps orders and specific issue orders.

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Divorce – It’s a Balance Between the Emotional Stress, the Cost and the Return!
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Divorce – It’s a Balance Between the Emotional Stress, the Cost and the Return!

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

Many of you know I was the founder of a progressive family law practice Fair Result with my business partner Christopher Sweetman.

The practice is not apologetic that we are a challenger brand but in the past 4 years we have become a major practice in England, with unique partnerships including the Professional Footballers Association and winning countless awards, both in the UK and Internationally.

Whist a number of our clients could be seen to be ‘wealthy’, by no means all of them – indeed 75% of them are not in this category.

We have a wide spread profile of clients, representing the whole of society and we will often take on a client who has no money to fight their divorce in terms of fees. This is exactly the reason we set up the practice.

As a non-lawyer, it never ceases to amaze me how ruthless lawyers are when it comes to their fees. I was brought up to focus on my clients and the returns would ultimately follow, not think of myself first and that customers are way down the line of those we should be focussed on.

In the past four years, I have witnessed opposing clients dropped by lawyers because they can’t see a future income stream, that client engagements are paused because lawyers don’t have visibility of their fees over the next few months and a total destain for client’s emotions and challenges.

Don’t get me wrong, we need to be paid for what we do. We aren’t a charity, but there does come a point at which clients should be respected for what they are ‘those that pay the wages and the overheads’.

We set up Fair-Result to do exactly that, client first! We do have challenges with clients paying but this is always at the end of a process, and we share the risk in that as the process progresses.

There is never a week goes by in our business where we receive a call from someone that we spoke to over 2 years ago. A call which starts in the normal way. ‘Hi, its… remember me’ followed by our response that is ‘Yes, how are things’. The same line always follows – the fact that frankly nothing has progressed in the previous two years, they have spent some money, but not a lot and are now in a place where they simply don’t know what to do, and their legal advisors are not offering much in the way of solutions.

Nothing surprises us anymore.

However, in the past three weeks alone, we have received at least five calls such as this, one with £m’s in the marital pot, another with a not inconsiderable number of rental properties and a third instance where the wife (our potential client) is starved of cash and assets, despite there being considerable funds to distribute, in the form of Public Sector pensions, a marital home and some limited investments.

During my own divorce, I used to call my former wife ‘penny wise and pound foolish’. She would argue about the pennies but forget about the substance of the whole pot we were arguing about and spend endless thousands with her lawyers arguing about where I had taken the latest EasyJet flight too.

So, what is the purpose of this article? Quite simply it is to present a position that when undergoing a divorce, you are balancing up three key things:

  • Your emotions
  • The cost
  • The reward or result in terms of financials and in many cases the impact on the children.

So, if you are arguing about £50,000 or £5m the principle is the same.

You have to invest to get the result you want, or you will one of those people calling us up after two years having got nowhere.

But I hear you say, I don’t have the cash? To fight them.

Well, that is where Fair Result comes in. The ONLY fixed fee financial divorce settlement business in the UK. And guess what, you pay nothing until the financial agreement has been signed by both parties, whether it takes us 2 months or 2 years to finalise.

We share the risk with you, our aim is to minimise the emotional stress but above all it is to get you exactly what you are entitled too.

So, stop plodding on for two years, when you know you won’t get anywhere, spending £500 here and there when that is all you can afford, getting more and more wound up about your spouse’s behaviour and spending habits.

Get it closed off, sorted out and you too can move on both emotionally and financially.

As we get older, we begin to realise that life is short, the years clock off quicker than you want them too. Why spend 2 years getting nowhere when you can contact the Fair Result team, and it will cost you nothing until your divorce is sorted – absolutely nothing.

Contact Peter at peter@fair-result.co.uk 24/7 and you will be guaranteed of a response within 30 minutes. A fixed fee, set from the outset and nothing to pay until your divorce is settled.

If you can get a better offer than this contact us and we will do your divorce for absolutely nothing, irrespective of its complexity – GUARANTEED!

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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