how to get a divorce

Looking Beyond the Settlement: Why Financial Planning Matters Early in Divorce

Looking Beyond the Settlement: Why Financial Planning Matters Early in Divorce

Published on
Damion Keyworth
Damion Keyworth
Financial Advisor
Perspective Financial Group Limited

Separation and divorce are among life’s biggest transitions. Alongside the emotional challenges come important decisions about your home, your finances and your future.

Over the years, I’ve had the privilege of helping many people navigate this journey. One thing I’ve seen time and again is that the earlier financial planning becomes part of the conversation, the more confidence people have in the decisions they make.

Many people understandably begin by speaking to a family solicitor. Legal advice is essential, but financial planning can add another valuable perspective by helping answer a simple question:

“Will the decisions I make today still work for me five, ten or twenty years from now?”

Looking Beyond the Numbers

A financial settlement may appear fair on paper, but that doesn’t always mean it will provide long-term financial security.

Two people may leave a marriage with assets of a similar value yet experience very different financial futures depending on their income, housing costs, pensions, tax position, childcare responsibilities and retirement plans.

This is where financial planning can make a real difference.

Rather than focusing solely on how assets are divided, we look at how those assets will support your life in the years ahead. Using cashflow forecasting, we can model different settlement options and explore what they might mean over the long term.

For example, it’s perfectly understandable that someone may wish to remain in the family home because it offers stability during an uncertain time. However, careful planning may show that maintaining the property could place pressure on future income or retirement plans. Equally, pension arrangements that seem reasonable today may have unintended consequences later in life.

Having this insight before decisions are finalised allows people to make informed choices with greater confidence.

Working Together for Better Outcomes

In my experience, the best outcomes happen when financial planning is introduced alongside legal advice rather than after most of the important decisions have already been made.

Family solicitors play a vital role in helping clients achieve a fair legal settlement. Mortgage advisers help assess borrowing options and affordability. Divorce coaches provide invaluable emotional support throughout what is often a very difficult period.

A financial planner brings these conversations together by considering how each decision affects your long-term financial wellbeing.

It’s not about replacing the expertise of other professionals. It’s about complementing it.

Bringing the Future into Focus

One of the most valuable tools available during divorce is cashflow forecasting.

Instead of focusing only on today’s assets, it allows you to see how your finances may develop over the next five, ten or even twenty years.

It can help answer questions such as:

  • Will my income be enough?
  • Can I realistically afford to keep my home?
  • When will my pensions become available?
  • How might inflation affect my future spending?
  • Will I have enough to enjoy the retirement I want?

Sometimes the analysis provides reassurance that a proposed settlement is sustainable. On other occasions, it highlights areas that may benefit from further discussion before agreements are finalised.

Either way, it gives people greater clarity at a time when certainty can feel in short supply.

A Collaborative Approach

One aspect of my work that I particularly enjoy is working alongside other professionals who support people through separation and divorce.

I regularly attend a local networking group where family solicitors, mortgage advisers, divorce coaches and other specialists come together to share knowledge and discuss how we can improve the experience for the people we all support.

Those conversations reinforce something I strongly believe: no single professional sees the whole picture.

When advisers work collaboratively, clients benefit from clearer communication, fewer unexpected issues and advice that considers both the immediate settlement and the life that follows.

After all, divorce isn’t simply a legal process. It’s the beginning of a new financial chapter.

About Damion Keyworth

I help people make confident, well-informed financial decisions so they can live the lifestyle they want — not just when they retire, but throughout life.

My approach:
• Listen carefully to your goals and priorities
• Clarify your current financial position
• Explore the lifestyle you have today and the one you want tomorrow
• Create a clear financial plan to bridge the gap
• Review regularly so the plan keeps working as life changes

“It’s not all about the money — it’s about lifestyle. Doing the things you want to do while you’re fit and healthy enough to do them.”

Only once we’ve understood your life and goals do we consider whether financial products are needed to support the plan.

I also specialise in financial planning around separation and divorce. Having written “Financial Planning & Divorce”, I understand how complex pensions, assets, and lifestyle choices become during this time.

My aim is to work collaboratively with solicitors, mediators, and other professionals to ensure clients make informed financial decisions at every stage of the process. If this is an area where you’d like support — whether as a client or a professional partner — please feel free to connect.

I’m a Pension/Retirement Specialist with over 20 years’ experience, a member of the CII, CISI and Resolution. Backed by Perspective Financial Group — one of the UK’s leading national financial planning and wealth management firms with 36 offices and 450+ staff — I bring both local understanding and national expertise.

You only get one life. Let’s make it count.

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What to Expect in the Early Stages of Divorce
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What to Expect in the Early Stages of Divorce

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

Sponsored post by Fair Result.

The Team at Fair Result Provide Clear Guidance and Reassurance for Those Taking the First Steps

Divorce is often viewed as a daunting and overwhelming process, filled with uncertainty and emotional ups and downs. If you are considering separation or have just begun thinking about divorce, understanding what to expect in the early stages can help reduce anxiety and put you on a path towards a fair and practical resolution. At Fair Result, we’re committed to providing fixed-fee legal support, guiding you through each step with clarity and reassurance.

Demystifying Divorce and Our Supportive Role

The idea of divorce can conjure images of lengthy court battles, spiralling costs, and emotional turmoil. The process is often much more straightforward, especially with the right guidance and support. Fair Result is here to help you navigate the early stages with confidence, offering practical advice and transparent, fixed-fee services so you know exactly where you stand.

Initial Considerations: Laying the Groundwork

Before starting the formal process, it’s wise to take some practical steps that will make things smoother later on:

  • Gather Financial Documents: Begin collecting information on your income, savings, debts, pensions, and assets. Having these documents to hand will help your legal advisor give you accurate guidance and ensure a fair division of finances.
  • Plan Childcare and Living Arrangements: Consider where you and your children will live and how childcare will be organised. Early, open conversations about these arrangements can prevent misunderstandings and help maintain stability for everyone involved.
  • Think About Your Priorities: Reflect on what matters most to you, whether it’s minimising disruption for your children, securing your financial future, or achieving an amicable outcome. Being clear on your goals will help your solicitor support you effectively.

Starting the Divorce Process: Filing, Paperwork, and Timelines

Once you’re ready to proceed, the formal divorce process begins with filing a divorce application (sometimes called a petition/application) on the government’s online Divorce Portal. Here’s what to expect:

  • Filing the Application: You can apply online or by post. The application asks for basic details about your marriage and the reasons for divorce, now simplified under “no-fault” divorce rules.
  • Serving Papers: After filing online, your spouse will receive the application and has a set time to respond. This is a straightforward step and does not automatically mean a court appearance is necessary. It is only when your spouse is being difficult and refusing to accept online service of the application that you need process servers to physically serve the application.
  • Timelines: There is a mandatory waiting period (the “cooling off” period) before the conditional order can be granted, designed to give both parties time to reflect. The entire process can takes a minimum of 20 weeks as set out in legislation, but much depends on how quickly agreements are reached about finances and children. Do not apply for the Final Order on divorce until all financial and child arrangements have been agreed upon and set out in a consent order.
  • Paperwork: Most of the paperwork is standardised and can be completed with your solicitor’s help, ensuring nothing is missed and that your interests are protected.

Communication and Mindset: Legal Advice and Staying Calm

One of the best things you can do early on is to seek legal advice from a specialist. An experienced solicitor will explain your rights and options in plain English, helping you make informed decisions from the outset. At Fair Result, we believe a calm, practical mindset is invaluable. Try to approach discussions with your spouse about children, money, or living arrangements constructively. Remember, most issues can be resolved without confrontation, especially when both sides are informed and supported.

Fixed-Fee Support: Predictable Costs in Stressful Times

Uncertainty about legal fees can add to the stress of divorce. That’s why Fair Result offers fixed-fee packages, so you always know what to expect. With a clear price from the start, you can focus on what matters most, your family and your future, without worrying about spiralling costs or unpleasant surprises. Fixed-fee support gives you peace of mind and helps you stay in control at every stage.

Common Misconceptions: Busting Divorce Myths

Many people fear that divorce inevitably means a bitter court battle, but this is rarely the case. Most divorces are settled amicably through negotiation and agreement, without ever stepping foot in a courtroom. Other myths such as one partner always “winning” or the process dragging on for years are simply not true. With professional advice and a willingness to communicate, most couples can reach a fair settlement efficiently and respectfully.

Emotional and Practical Realities: Setting Expectations

There’s no denying that divorce brings emotional challenges, from sadness and frustration to relief and hope. It’s normal to feel a wide range of emotions, and seeking support from friends, family, or professional counsellors can be invaluable. On the practical side, be prepared for some changes to your daily routines, finances, and living arrangements. With the right support and a clear plan, these adjustments become far more manageable, helping you move forward with confidence.

Take the First Step with Fair Result

Starting divorce proceedings can feel overwhelming, but you don’t have to face it alone. By taking practical steps, seeking early advice, and choosing a fixed-fee partner like Fair Result, you can reduce uncertainty and make informed choices for your future. If you’re considering divorce or have questions about the process, contact Fair Result today for clear, supportive, and cost-effective guidance tailored to your needs. We’re here to help you achieve a fair result, every step of the way.

Get in Touch

Call us at 07 500 933 818 or 0333 577 7009

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

Read more articles by Chris Sweetman.

About Chris Sweetman

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

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

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Mediation, Arbitration, Collaborative Law, or Court? Choosing the Best Option for You
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Mediation, Arbitration, Collaborative Law, or Court? Choosing the Best Option for You

Published on
Nicki Mitchell
Nicki Mitchell
Partner
Jones Myers

Sponsored post by Jones Myers.

As an experienced Family Law Mediator and Collaborative Family Lawyer with extensive expertise in litigation, I understand the challenges facing separating couples in finding the right way to divorce for their individual circumstances.

The trepidation of a prolonged, costly and stressful court divorce is prompting an increasing number of  couples to seek out routes such as mediation and collaborative family law which avoid going to court. 

Another option is arbitration where separating couples hire a ‘private judge’ to accelerate the outcome of their financial settlements. 

Known as Alternative Dispute Resolution – because they provide alternatives to litigating in court – these three options put children’s best interests first. They also promote a spirit of spirit of collaboration for spouses and parents to achieve the best solutions.  

I hope the insights below will help you to decide which is best for your unique situation.   

What is mediation?

Mediation is a means of resolving family disputes constructively. It enables you to keep  control over  decisions which will  affect the future of you and your family.  In  the court process you hand those decisions over to a judge, who does not know you or your family and knows nothing about what is important to you. Mediation is appropriate for most situations including the most financially complex. 

Who is involved in mediation?

The private and confidential process takes place in a safe, impartial environment and involves a mediator like me, an independent third party who helps you and your ex to reach an agreement over key areas.  At the outset both of you sign an Agreement to Mediate so negotiations can continue on a ‘without prejudice’ basis. 

The number of discussions/sessions varies for each couple depending upon the complexity of the split. As a facilitator, the mediator assists, guides, and helps you to move dialogue forward.  

Many mediators, myself included, are lawyers and can provide extremely useful information about the law to inform your decisions. 

Whether or not they are legally qualified, mediators will recommend that you each  retain  your own solicitor who can provide specific legal advice where required during the process.

What does success in mediation look like?

A successful outcome in mediation can mean many things.  Many couples choose the mediation process to get to an agreement which is formalised in a binding Court Order. 

Often called a Final Order, this is a legal document which officially terminates your marriage without you having to go to court.  However, mediation has many other advantages, including developing a new way of communicating as separated parents. 

Is mediation compulsory?

No. Mediation is a voluntary process. You may have read about a Mediation Information and Assessment Meeting (MIAM) meeting, usually relating to cases involving finances or children, which all divorcing couples are expected to attend before court proceedings are issued. 

These meetings are designed to inform  you both about alternative resolution schemes and to establish if the circumstances are suitable for mediation.

What are the advantages and disadvantages?

Mediation can result in a swifter resolution, reducing legal expenses which mount up in prolonged court cases between warring couples. Highly confidential, it is a more impartial and considered approach and can lessen the emotional impact of separation and divorce on children. 

What happens if mediation fails? 

Due to its voluntary nature, talks can be concluded at any time if headway is not made. However, there are many ways in which the process can be adapted to get over sticky issues and avoid failure.  

There is an increasing trend towards lawyers being present in mediation sessions to provide technical advice and support during the process, in particular where there are complex legal issues.  

Alternatively, disputed legal points can be determined by bringing in a neutral lawyer to give a view or even an arbitrator to give a binding decision on a particular issue.  All of this can be done in the context of mediation.

What is collaborative family practice?

In collaborative family practice separating couples make a commitment to avoid the court route and to work together with specially trained lawyers to make their own decisions about the future. 

Like mediation, it champions a spirit of collaboration and compromise, is entirely confidential – and puts children’s needs at the heart of discussions.   

How does it work – and who is involved?

You and your ex each appoint your own collaboratively trained lawyer and undertake a series of meetings where you all work together to identify, address and resolve financial, parenting and other key issues.   

Collaborative family lawyers  provide support and legal advice throughout the sessions. Accountants, independent financial advisers, pensions advisers and/or childcare specialists can also attend and provide guidance on a neutral basis. You have as many or as few meetings as are necessary to resolve the issues between you.  

At the outset you, your collaborative lawyers and other specialists involved, sign a Participation Agreement that commits all of you to strive to reach resolutions without going to court. 

The agreement  prevents your collaborative lawyers from representing you in court if the collaborative process fails, ensuring everyone is wholly bought into making the process work.    

What are the advantages and disadvantages?

Like mediation, collaborative family  practice puts you and your ex in the driving seat so you can progress the sessions at your own pace, working around your respective work and family commitments. 

Faster, less stressful and more cost effective than going to court, it ensures that everyone involved is committed to achieving a solution. In times where transparency is encouraged in the family courts and journalists can attend hearings, collaborative practice guarantees your family’s privacy.

What happens if a successful outcome is reached? 

Once an agreement is reached, your lawyers will put it into effect, obtaining a formally binding Court Order without you having to go to court. 

What if talks break down?

At any time during the sessions either of you can terminate the process through a Formal Notice of Withdrawal if you feel no headway is being made. Again, as in mediation, failure can be avoided with the right support, including where necessary, an early neutral evaluation or arbitration on disputed legal issues. 

What is the difference between mediation and collaborative family practice?

In mediation, family mediators are neutral – they cannot give advice to either party as their role is  to facilitate discussions.

This differs from collaborative family lawyers who can advise those they represent at the same time as conducting the negotiations. As highlighted above, collaborative lawyers sign up to an agreement not to go to court, which provides a positive investment in the process for the whole team.  

What is arbitration?

Arbitration is a private court hearing where divorcing couples take on a ‘private judge’, officially known as an arbitrator, to achieve a resolution to their financial settlements.  

How does it work?

Like mediation and collaborative family practice, this option, also conducted in a safe and confidential environment, can avoid a prolonged, expensive and, potentially, public court hearing.  

Similar to a judge, the arbitrator hears evidence from both of you, collects relevant facts and bases their decision on the evidence, considering the views of you both.  

The arbitrator then makes an Award over who should have what which is final and binding.

What are the advantages and disadvantages?

Divorcing couples have the same arbitrator through the process, something which  rarely happens at court where different Judges are involved at different stages of the proceedings.

Quicker, confidential and more flexible than a court option, there is a substantial cost saving when delays are avoided. Divorcing couples set and agree their own timetable at the outset. 

If an arbitrator is to be used, this is something which must be agreed. There is no power to compel anyone to arbitrate. Also, arbitrators have no power to secure disclosure from third parties such as accountants or financial advisors or instruct them to present evidence at meetings.      

Can couples involved in a court divorce opt for arbitration?

Yes. Court rules give judges the power to halt court proceedings to give you both the opportunity to resolve the dispute through arbitration or indeed any other form of NCDR.

In what circumstances do couples choose a court divorce?

This largely depends on the advice which couples receive. Whilst most lawyers will explain all the dispute resolution options to clients, some, who may perhaps have less or no experience of NCDR, are more inclined to recommend court applications.  

The court process has its place. A Judge has the power to compel the production of financial information, ultimately by sending someone guilty of non-disclosure to prison. The court can also order third parties who hold information relevant to the case, for example accountants and other advisers, to provide information. In extreme cases a court can make orders without any engagement from one of the parties. 

What does a court process entail?

Before an application can be made to the court for a Financial Order an application must have been made for a divorce or dissolution of a Civil Partnership.  The various steps required to get a divorce can be found on the Government website.

As outlined above, before a court application can be made for a financial or children order, every divorcing couple must also  attend a Mediation Information and Assessment Meeting

A financial application will involve the exchange of full financial disclosure followed by a series of up to three main court hearings.   

What are the pros and cons of a court process?

The role of the court is to encourage parties to make agreed decisions about their finances and children and, in default of agreement, to make binding decisions for them 

Court orders, whether made by agreement or imposed by a Judge, are legally binding and enforceable. 

There is no privacy in a court divorce, where the proceedings are open. Since 2023 journalists have been able to report in family law courts on cases which include the wellbeing and future of children whose parents are divorcing.  

Couples are appointed a judge, who is unknown to them, and who makes vital decisions on key issues about their future.  Continuity is not assured with different judges often involved in the proceedings.  

Court hearings can be costly, stressful and time consuming. They can heighten conflict between the couple and run the risk of a case being adjourned or unfinished due to pressure on court time or a judge becoming unavailable.

The duration of a court divorce can vary significantly from a few months to years if the divorce is contested. 

The breakdown of a marriage invariably leaves those involved emotionally and physically drained and few couples take the decision to separate and divorce lightly

Knowing where to start on this critical path, which will impact on the future of all involved and affect the wellbeing of children involved, can seem overwhelming.  

Whichever route you take when embarking on divorce, it is critical that you secure the best possible legal advice.

I cannot emphasise enough the importance of working with highly experienced family law professionals like Jones Myers who are members of family law group Resolution and have a strong track record in their respective fields.   

Because we understand that every case is different, our family law experts, who are leaders in their field, deliver a bespoke service, outlining options and offering legal and practical advice at every stage to help them make informed decisions.

Read more articles by Nicki Mitchell.

Read more articles by Jones Myers.

About Nicki Mitchell

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

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

Her exceptional track record also includes advising clients on the more traditional methods of resolving issues surrounding family breakdowns. Nicki.mitchell@jonesmyers.co.uk

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Why You Need a Divorce Team, Not Just a Lawyer
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Why You Need a Divorce Team, Not Just a Lawyer

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

When people think about divorce, the first professional who comes to mind is usually a lawyer. That is natural, since divorce has an important legal dimension. But relying on one person to guide you through every aspect of divorce is a common mistake. 

I made this mistake myself. During my divorce, my “team” consisted of my lawyer and my parents. I did not know that other professionals could support me. As a result, I agreed to financial arrangements without understanding their long-term consequences. Over time, they proved unsustainable and led to repeated renegotiations, which caused unnecessary conflict.

Divorce affects your finances, your emotional wellbeing, your children, and your long-term future. My experience taught me (the hard way!) that no single professional can provide expert support in all these areas. That is why building a divorce team is one of the most important steps you can take.

Avoiding the “one-person trap”

Money is often the greatest concern when people are separating. Many hesitate to hire more than one professional, worried about costs. Yet the unintended consequence is that they lean on their lawyer for everything: financial advice, emotional support, and sometimes even parenting guidance. This is not only expensive, but also ineffective.

Think of it like surgery on your back. You would need a surgeon, of course, but also a nurse, an anaesthetist, and afterwards a physiotherapist to get you back on your feet. Divorce is no different. You need different professionals working together to ensure every aspect is handled properly: a lawyer for legal advice, a financial adviser for money matters, a divorce coach to help you make the right decisions every step of the way, and emotional support to keep you grounded.

The professionals to consider

A divorce team does not look the same for everyone. The right mix of professionals will depend on your situation. Here are some of the key roles:

  • Lawyer – Advises on your legal rights, prepares divorce documentation, and, if necessary, represents you in court. Some lawyers specialise in areas such as high net worth cases, domestic abuse, or international divorce. Even in countries where a lawyer is not legally required, it is still wise to consult one to ensure your agreement is solid.
  • Family mediator – Works with both partners to negotiate terms, from property division to parenting arrangements. A mediator is impartial and helps keep discussions constructive.
  • Divorce coach – Helps you focus on your future goals, make clear decisions, and approach negotiations with confidence. A coach also provides practical guidance and emotional steadiness.
  • Therapist – Supports you in understanding what went wrong in the relationship, addressing trauma, and maintaining mental health.
  • Financial adviser – Reviews your assets, debts, and income, models long-term implications of settlement proposals, and helps you plan for financial stability after divorce.

While one person may cover two roles, expecting them to manage everything leaves serious gaps.

Choosing the right lawyer

Selecting the right lawyer is one of the most important decisions you will make. Too often people choose based only on price or convenience. One client of mine instructed a lawyer because he was “cheap”. Fifteen months later, she had spent tens of thousands of pounds with no progress and little trust in his advice. She eventually changed lawyers and finally moved forward.

When choosing a lawyer, consider:

  • Do they have experience with your type of case?
  • How do they communicate and how quickly will they respond?
  • Will your case be handled by them personally or mostly by a junior associate?
  • What is their approach to resolving disputes out of court?
  • Can they give you realistic visibility of likely legal costs?

If your divorce involves more than one country, you will also need someone with expertise in international divorce. Look for a lawyer who understands both jurisdictions, speaks your language, and has a network of international advisers, such as tax specialists and immigration lawyers.

How to build your divorce team

A simple exercise can help you identify where you need support. Picture a five-pointed star, with each point representing one area of support: legal, financial, emotional, practical, and personal. Write down the person or professional covering each area. One person can cover two—but no more. If you see gaps, you will know where to add expertise.

This keeps your support balanced and prevents overloading one professional or family member. Your aim is to create a well-rounded team that can carry you through divorce and beyond.

Final thoughts

Divorce is one of life’s most complex transitions. Going through it with only one professional is like attempting surgery with only a surgeon and no nurse or anaesthetist—it is simply not enough. By building a divorce team, you ensure that every dimension—legal, financial, emotional, and practical—is addressed properly.

It may feel like a bigger investment at the start, but a coordinated divorce team saves time, money, and stress in the long run. More importantly, it helps you build a stronger foundation for the next chapter of your life.

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

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

The short answer is that Standish affects things a bit – but it probably just confirms what a family solicitor would advise you to do anyway.

The longer answer is that highest court of the land has carried out one of its periodic reviews of how to deal with assets at the end of a marriage. Mr and Mrs Standish had considerable assets, much of it built up by Mr Standish before the marriage. They also had a plan to minimise inheritance tax for their children by putting a big slab of Mr Standish’s money in Mrs Standish’s name. When they split, questions were asked:

  1. Did she keep it? 
  2. Was it shared?
  3. Did Mr Standish get it back?

The answer was C.  

Mr Standish got the money back because it was considered to be his separate property and the intention was never that Mrs Standish should benefit from it. There was also enough marital property to meet Mrs Standish’s ongoing needs, such as accommodation and lifestyle. 

Would this be the same if there were more modest assets to share?

If you don’t have such substantial assets, it is less likely to be as simple as dividing marital property (sometimes referred to as the marital pot).  You may need to dip into each spouse’s separate property to meet needs.  Probably the right way now is: 

  1. First, to think carefully about whether an asset is one person’s “separate property”
  2. Secondly consider whether the assets have become shared – and this is all about intention – and now form part of the marital property
  3. Thirdly, you carry out a “needs” assessment, then adjust any division to ensure that children are provided for and that each spouse has a fair start on the road to independent living.

This approach makes clear that there is no simple “split it all 50:50”.

Looking at those 3 elements in turn:

1) Separate property

This is going to include: 

  • What one person owned before the marriage; or
  • What they were given during the marriage, such as an inheritance

This is different from marital property, which is everything built up by or during the relationship.

It is usually possible to clearly identify property/ assets as one or the other – separate or marital.  Although there are still uncertainties, for example where there have been personal injury awards or lottery wins. 

2) Intention to share formerly separate assets

The second stage is all about intention. You don’t just look at whose name an asset is held in, you focus on the intention.  If you went to Court, a Judge would consider “Do the dealings between you show that you intended to convert what was separate into something that was for you both?” If so, the separate assets are matrimonialised, which means they become joint assets and form part of the marital property. As such they are usually (but not inevitably) going to be shared equally.

This might happen over time because:

  • What was separate property is not really so significant after the passage of time, because other assets have built up and the fact that this asset was separately brought in is not such a big deal
  • These monies have been put into joint funds or otherwise scrambled together and over time that shows that they are intended to be relied on by both of you
  • The money has been put into the family home and lived in over a period of time – and what asset is more central to the marriage partnership than that?

There may be other reasons and some situations will be harder to call. For example, what about a pension or even an ISA – these are not assets that you can put in joint names and there may be disagreement over what was said and what was intended during the relationship. 

3) What is the needs assessment?

Needs is a bit like a picnic: you don’t focus so much on who brought what to the picnic, everyone needs to eat and if there is not enough to go around then you work a way to share what there is to make the best of the situation, usually prioritising younger children.

So here the marital property will be shared first, but if necessary the separate assets will also be shared. This can include future income.

What does this mean for the legal process?

Standish is simply telling us to be disciplined and take the steps in sequence to make sure that the right answer is reached.  We need to:

  1. think about whether an asset is really one person’s separate property or marital property; then
  2. consider whether dividing just the marital property will ensure that children are provided for and that each spouse has a fair start towards independent life

And if not:

  1. dip into the separate assets to meet those needs.

Ultimately the decision in Standish is intended to enable a fairer division of assets on divorce, but some things remain less clear. 

For example, imagine Jo who marries Les who has inherited a substantial 3 bed property. Otherwise, their resources are modest, they each earn well and at similar levels. Two years into the relationship, their marriage fails and they decide to divorce. Has the property that Les inherited become part of the marital pot?  What share of it does Jo get?  

If the main home is pretty much always marital property and if marital property is often divided equally, should Jo get half of the home after only 100 weeks of relationship that led to marriage and ended in divorce? We won’t know for sure until the guidance from the Supreme Court is put into practice in the day-to-day cases.

What does this mean for you?

I would suggest that when you are trying to find your solutions, it will almost always be worthwhile getting an “entitlements analysis” carried out by a legal professional.  This will give you a clear indication of what you may each be entitled to and indeed, need, to move forward with your lives. Some of these tests don’t come naturally and unusual situations will generate unusual answers. You are not usually stuck with the analysis, but it will help to know it before you start trying to agree how you are going to go forward: no-one wants to regret their choices years down the road.

Read more articles by James Pirrie.

Read more articles by Family Law in Partnership.

About James Pirrie

James Pirrie is a Director of Family Law in Partnership, a highly regarded law firm based in London, which specialises in de-escalating conflict in family law.  He is an Arbitrator, Family Solicitor and Mediator accredited in child-inclusive mediation.

James is driven to improve long term outcomes for families who are experiencing separation or divorce.  He is credited with introducing collaborative law to the UK and with changing how children’s needs are addressed during family breakdown through the Parenting after Parting initiative. 

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

Published on
Joe Ferguson
Joe Ferguson
Family Law Solicitor
Myerson Solicitors

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

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

Ending the relationship: divorce and civil partnership dissolution

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

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

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

Financial matters: reaching a fair outcome

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

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

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

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

Children: supporting parenthood in all its forms

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

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

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

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

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

Planning ahead for a smoother separation

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

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

Read more articles by Myerson Solicitors.

About Joe Ferguson

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

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

Published on
Sophia Yau-Rosher
Sophia Yau-Rosher
Director
Beecham Peacock LLP

The celebrity world is abuzz with yet another high-profile divorce case. Billionaire and former record executive, David Geffen, has filed for divorce from his 32-year-old dancer husband, David Armstrong. The marriage only lasted two years, and despite the 82-year-old being worth a reported $8.7 billion, the couple did not sign a prenup.

Although the majority of us won’t have anywhere near as much wealth to protect, it’s important to protect your future, ensuring that your assets remain protected in the event of a divorce. The first three months of 2024 alone saw 27,908 divorce applications, with 21,662 final orders also granted.

With more and more engaged couples entering into marriage with a realistic viewpoint, prenups are becoming more commonplace than ever. The popularity of prenups has risen by 60% in recent years, with postnup agreements seeing an increase of nearly 185%.

If you – like 31% of couples who now have a prenup – are anxious around the concept of tying your assets to your relationship, you will likely have some questions. Expert divorce solicitor Sophia Yau-Rosher – from Newcastle-based divorce solicitors Beecham Peacock – answers the top ten most-Googled prenup questions per month, helping you stay informed ahead of your marriage.

1. What is a prenup?

“Put simply, a prenup is a legal document that two parties agree to before they marry, or enter a civil partnership,” Yau-Rosher explains.

“The document sets out the financial responsibilities of both parties and allows for the protection of certain assets, including property, investments, inheritance and more in the event of a divorce. It also outlines which party is responsible for specific debts and other financial issues, should the marriage or civil partnership come to an end.

“A prenup can provide protection and offer clarity for both parties in the event of a difficult or contentious divorce.”

2. Can you change a prenup?

“Ahead of your marriage, you can make as many changes to your prenup as you like,” Yau-Rosher assures. “As long as both parties have sought independent legal advice and feel comfortable with the changes, there is no reason why amendments cannot be made to the document before it is signed.

“However, after you are legally married, you cannot change or modify your prenuptial agreement. If your financial or emotional circumstances change during the course of your marriage and the prenup is no longer relevant, you can consider a postnuptial agreement – or postnup – which carries the same kind of legal weighting.”

3. Are prenups legal in the UK?

“Your prenup is not legally binding in either England or Wales. A court will not automatically enforce the terms of your prenup in the event of a divorce. However, a prenup that both parties have freely entered into will likely add weight to any court arrangements.

“If both parties concerned have disclosed their full financial situations and received independent legal advice pertaining to the prenup, the court will usually give considerable legal weight to the agreement during any financial disputes.”

4. What does a prenup do?

“Essentially, a prenup safeguards any assets that you or your partner bring to the marriage, protecting your interests in the event of a divorce. It also deals with the financial impact of any inheritance, dependents – such as current or future children – and any shifts in earning potential.

“Your prenuptial agreement provides you and any children from previous relationships with financial reassurance in the case of divorce,” Yau-Rosher explains. “It is not a sign that either party is unsure about the marriage, but rather a sensible step in future financial planning.”

5. Can you write your own prenup in the UK?

“As prenuptial agreements are not legally binding documents, you can pen your own in the UK. However, in order for the court to take your prenup seriously in the event of a divorce, it needs to be prepared in a specific way.

“I always advise my clients to seek professional legal assistance in drafting their prenup, as DIY agreements often don’t stand up in court,” Yau-Rosher counsels. “This way, you can ensure that the document is put together in a way that will protect and benefit both parties, if it is required in the future.”

6. What cannot be included in a prenup UK?

“There are a number of strict rules regarding what can and cannot be included in a prenuptial agreement in the UK. If these rules are not obeyed, it could lead to your prenup losing all legal weight in court.

“Your prenup should not include any personal or lifestyle issues, references to child support, visitation rights or child custody, or discussion of matters that could be deemed ‘unfair’ for one or both parties. A family law solicitor can help you draft a prenup that adheres to these rules.”

7. How much does a prenup cost?

“The cost of a prenup varies, but the majority of professional solicitors in the UK will charge £2,000–£5,000. The more complex your financial situation and the larger your wealth, the more your prenuptial agreement is likely to cost.” Yau-Rosher explains.

8. How do I get a prenup?

“The first step in securing a prenup is always to seek professional legal advice from a family law specialist. Both parties should seek their own independent legal counsel. You will then be required to provide your chosen solicitor with a full run-down of your current financial situation, along with any information about debts, income and inherited wealth. The solicitor can then draft the document.

“Once both parties are satisfied, the prenuptial agreement can be signed in the presence of the solicitors and independent witnesses. Ideally, the prenup should be signed at least 28 days prior to the signing of your marriage or civil partnership certificate.”

9. Can you cancel a prenup?

“Cancelling a prenup is a complex process, but can be achieved under specific circumstances. For example, if the prenup is deemed unconscionable at the time of signing, due to a lack of legal advice or due to one party being under pressure or duress to sign.

“If you can prove that your partner has committed fraud or deliberately misrepresented their finances, this constitutes another reason for cancellation of the prenup,” Yau-Rosher says. “A prenup may also be deemed invalid if the financial situation of one or both parties has changed significantly, making the original agreement unfair.”

10. What is a postnuptial agreement?

“A postnuptial agreement is very similar to a prenuptial agreement, aside from the fact that it is drafted and signed after the marriage or civil partnership, rather than before.

“You can opt for a postnup instead of a prenup, or mutually agree to replace the original agreement with a postnup if your or your partner’s financial situation changes significantly after you marry or enter into a civil partnership.

“Due process must still be followed and both parties must still seek independent legal advice to ensure that the postnup holds a similar legal weighting to a prenup if required in court.”

“If you are considering entering into a prenuptial or postnuptial agreement, seeking independent legal advice is always the best first step. Communicate your intentions and any concerns with your partner to ensure that you both enter the agreement with shared goals and a realistic outlook when it comes to your finances.”

Read more articles by Beecham Peacock Solicitors.

About Sophia Yau-Rosher

Sophia Yau-Rosher is a Director at Beecham Peacock Solicitors. Beecham Peacock Solicitors are a trusted divorce solicitors based in Newcastle Upon Tyne, and they know how important it is for your divorce settlement to be treated with the utmost respect and care.

They have countless experiences handling intricate divorce proceedings, so they understand that the process needs to be quick, smooth and respectful for both parties involved.

If you are getting a divorce, ending your civil partnership or even just agreeing to the terms of a separation, their talented divorce lawyers will make sure you are supplied with the most current and prudent advice to deal with the money, assets and property belonging to both parties.

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

Published on
Nicki Mitchell
Nicki Mitchell
Partner
Jones Myers

Sponsored post by Jones Myers.

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

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

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

Be Open and Honest

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

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

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

The Importance of Financial Disclosure

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

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

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

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

The Penalties of Concealing Assets

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

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

Include Pensions in Financial Settlements

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

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

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

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

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

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

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

Consider Financial Planning

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

Get a formal Financial Order

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

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

Try to avoid exceeding your budget

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

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

Spousal Maintenance and Child Maintenance

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

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

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

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

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

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

Read more articles by Nicki Mitchell.

About Nicki Mitchell

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

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

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

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

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

Published on
Sean Hilton
Sean Hilton
Partner
Stevens & Bolton

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

Cohabiting couples

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

No-fault divorce

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

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

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

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

Resolving financial matters alongside divorce

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

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

Protecting assets acquired before marriage

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

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

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

Pre- and post-nuptial agreements

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

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

Non-court dispute resolution (NCDR)

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

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

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

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

Horizon scanning

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

About Sean Hilton

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

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

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

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

Sponsored post by Fair Result.

The Role of Emotions in Divorce

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

Why Heightened Emotions Can Lead to Poor Decision-Making

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

How Stress and Anger Can Prolong Proceedings and Increase Costs

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

The Benefits of a Calm & Strategic Approach

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

How a Clear Mindset Leads to Better Financial Settlements

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

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

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

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

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

Practical Strategies for Staying Calm & Focussed

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

The Importance of Seeking Professional Guidance Early

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

How Mediation Can Ease Tensions and Encourage Fair Resolutions

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

Mindfulness and Stress Management Techniques During the Divorce Process

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

How Fair Result Helps Clients Achieve Fair Outcomes

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

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

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

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

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

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

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

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

Get in Touch

Call us at 07 500 933 818 or 0333 577 7009

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

Read more articles by Chris Sweetman.

About Chris Sweetman

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

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

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A Guide to Spousal Maintenance
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A Guide to Spousal Maintenance

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

Sponsored post by Fair Result.

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

What is Spousal Maintenance?

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

Who Qualifies for Spousal Maintenance?

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

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

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

How Payments Are Determined

Several factors influence the determination of spousal maintenance payments:

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

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

Common Misconceptions

There are several misconceptions about spousal maintenance that need addressing:

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

Can Spousal Maintenance be Changed or Stopped?

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

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

Negotiation Tips

Successful negotiation requires professional advice and careful planning:

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

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

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

Get in Touch

Call us at 07 500 933 818 or 0333 577 7009

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

Read more articles by Chris Sweetman.

About Chris Sweetman

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

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

You might be interested in

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

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

Sponsored post by Fair Result.

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

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

Myths to Debunk

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

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

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

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

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

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

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

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

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

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

Addressing Common Questions

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

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

How do courts determine a fair settlement?

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

What legal requirements are involved in disclosing assets?

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

Are there alternatives to court for resolving financial disputes?

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

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

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

Conclusion

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

Get in Touch

Call us at 07 500 933 818 or 0333 577 7009

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

Read more articles by Chris Sweetman.

About Chris Sweetman

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

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

You might be interested in

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