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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.

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

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

Sponsored post by Fair Result.

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

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

Myths to Debunk

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

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

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

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

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

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

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

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

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

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

Addressing Common Questions

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

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

How do courts determine a fair settlement?

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

What legal requirements are involved in disclosing assets?

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

Are there alternatives to court for resolving financial disputes?

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

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

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

Conclusion

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

Get in Touch

Call us at 07 500 933 818 or 0333 577 7009

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

Read more articles by Chris Sweetman.

About Chris Sweetman

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

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

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How to Get Through Divorce in 2025: Proven Step-by-Step Process
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How to Get Through Divorce in 2025: Proven Step-by-Step Process

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

Sponsored post by Fair Result.

Divorce can feel overwhelming, but at Fair Result, we’ve created a proven, step-by-step process to help you navigate it with clarity and confidence. In 2025, with shifting legal landscapes and evolving financial complexities, our transparent, fixed-fee approach ensures that you can focus on your future without worrying about spiralling costs or hidden surprises.

1. Acknowledging the Emotional Impact

Divorce is one of life’s most emotional and challenging experiences. It’s essential to recognise and process these feelings, rather than suppress them. Many people find that seeking emotional support can make a world of difference during this time.

Tips for self-care during divorce:

  • Consider joining a support group to connect with others who understand your situation.
  • Seek counselling or therapy to work through your emotions in a healthy way.
  • Prioritise self-care through activities like exercise, mindfulness, or spending time with loved ones.

At Fair Result, we not only focus on the legal and financial aspects of your divorce but also recognise the importance of addressing your emotional wellbeing.

2. Understanding the Financial and Legal Landscape in 2025

The divorce process in England has evolved over the years. With changes such as the introduction of the no-fault divorce law under The Divorce, Dissolution, and Separation Act, the legal framework is now more streamlined. However, financial clarity remains crucial.

Key divorce trends in 2025:

  • Longer average timeframes: On average, the time to a conditional order in sole divorce cases is now around 36 weeks, with the full process from application to final order taking approximately 49 weeks. Joint divorce cases tend to be slightly quicker, with an average of 30 weeks to a conditional order and 43 weeks from application to final order.
  • Increase in divorces among older adults: The rise of “silver splitters” reflects changing attitudes toward relationships in later life.
  • Shifts in divorce applications: While January remains a peak month for divorce enquiries, overall divorce rates fluctuate based on factors such as economic pressures and societal trends.

At Fair Result, we emphasise the importance of financial preparedness. From property division to pensions, we help you navigate the complexities with transparency and clarity.

3. Fair Result’s Proven Step-by-Step Process

At Fair Result, we pride ourselves on offering a transparent, fixed-fee process designed to minimise stress and maximise efficiency. Here’s how our approach works:

a. Initial Consultation

We begin with a free consultation to understand your unique circumstances. During this meeting, we’ll identify your priorities and goals, laying the foundation for a tailored strategy that meets your needs.

b. Financial Assessment

Our team of legal and accountancy experts conducts a comprehensive review of your financial situation. With a commitment to transparency and fairness, our fixed-fee model ensures there are no unexpected surprises.

c. Tailored Strategy Development

Based on your goals, we develop a personalised plan that considers legal, financial, and emotional factors. This strategy ensures that you achieve a fair settlement while minimising unnecessary conflict.

d. Settlement Negotiations

We focus on  avoiding the need for lengthy court proceedings. Our team works tirelessly to negotiate a fair and efficient settlement.

e. Finalising Your Divorce

From managing paperwork to obtaining consent orders, we handle every legal requirement to finalise your divorce. Our goal is to ensure you’re fully equipped to move forward with confidence.

4. Client Success Stories

We’ve helped countless clients achieve fair outcomes and build brighter futures. Here’s just one example:

“After years of financial uncertainty during my separation, Fair Result gave me the clarity and support I needed. Their fixed-fee model meant no surprises, and their team made the process so much easier than I expected. Today, I’m not only financially secure but also confident about the future.”

These stories reflect our commitment to putting clients first, every step of the way.

5. Looking Ahead: Building Your Future Post-Divorce

Divorce is not the end—it’s the beginning of a new chapter. Planning for your future is key to moving forward with confidence.

Post-divorce planning tips:

  • Reassess your finances: Create a realistic budget that reflects your new circumstances.
  • Set personal goals: Whether it’s advancing your career, pursuing a passion, or focussing on your children, take steps toward achieving what matters most to you.
  • Seek support: Don’t hesitate to lean on professionals, friends, or family for guidance as you navigate your new life post-divorce.

At Fair Result, we’re here to ensure you leave the divorce process feeling prepared and empowered to embrace the next stage of your journey.

6. Trends and Insights for 2025

The festive season often prompts reflection, and many couples decide to take the next step in January, leading to a surge in divorce enquiries. Known as “Divorce Day,” the first working Monday of the year—6th January 2025—is anticipated to see a spike in divorce applications.

While divorce rates have fluctuated, certain trends stand out:

  • Coastal towns like Norwich and Hastings have the highest proportion of divorced individuals.
  • Most divorces occur between 3 and 8 years of marriage, with “silver splitters” on the rise.

These insights underscore the importance of working with experts who understand the unique challenges of today’s world. Find out more about divorce trends here.

Conclusion

Divorce doesn’t have to feel like an uphill battle. With Fair Result’s proven step-by-step process, you can navigate this challenging time with clarity, confidence, and support. Our fixed-fee, transparent approach allows you to focus on what truly matters: building a brighter future.

If you’re considering divorce in 2025, let us help you take the first step. Contact Fair Result for a free consultation today.

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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Why it is Vital to Include Pensions in Divorce Settlements in 2025
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Why it is Vital to Include Pensions in Divorce Settlements in 2025

Published on
Nicki Mitchell
Nicki Mitchell
Partner
Jones Myers

Sponsored post by Jones Myers. I cannot underestimate the critical role that pensions play in financial settlements as the volume of  divorce enquiries I am receiving increases this January.

Their importance has been further reinforced by New Year calculations from online investment service Interactive Investor, whose financial analysts say that spouses could lose up to £665k by overlooking pensions and failing to take them into account in divorce settlements.

Pensions are frequently one of the most valuable assets of a marriage, often making up the second highest – or sometimes the highest – value asset in a divorce settlement after the family home.

It is key that information about pensions is made available in the financial disclosure process, which must take place before any binding financial settlement can be made.

Disclosure must include details of all pensions, including state pensions – and the value of each one. This ensures that couples are able to make informed decisions as to what a fair settlement looks like for them

The most common way in which a disparity in pensions is addressed in a divorce settlement is pension sharing which provides a clean break between parties, as the pension assets are split immediately.

Alternatively, 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.

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.

Alternative and non-confrontational ways for divorcing couples to reach a financial settlement without a lengthy and expensive court process include Mediation and Collaborative Family Law.

Both options – in which I have extensive expertise – are conducted in a spirit of mutual co-operation and put children’s best interest first.

At Jones Myers we always recommend that divorcing couples seek expert advice from highly experienced lawyers regarding their finances. Independent Financial Advisers can assist with pension valuations and projected future incomes.

Taking guidance early on will avoid the risk of losing out on what could be a substantial pension sharing provision that spouses are entitled to – and which can prevent long-term financial issues.

Read more articles by Nicki Mitchell.

About Nicki Mitchell

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

A skilled mediator, child inclusive mediator and collaborative family lawyer Nicki champions Alternative Dispute Resolution processes which avoid a lengthy court process and can lead much more quickly and cost effectively to a successful resolution.

Her exceptional track record also includes advising clients on the more traditional methods of resolving issues surrounding family breakdowns. Direct Dial: 01904 202553 or email  Nicki.mitchell@jonesmyers.co.uk  www.jonesmyers.co.uk

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

Published on
Nicki Mitchell
Nicki Mitchell
Partner
Jones Myers Family Law

Sponsored article by Jones Myers Family Law.

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

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

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

Child Maintenance Support

How do divorcing/separating couples work out Child Maintenance?

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

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

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

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

Which parent is responsible for paying the support?

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

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

For how long does Child Maintenance continue?

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

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

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

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

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

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

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

What happens if the paying parent loses their job?

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

What happens if the paying parent refuses to pay?

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

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

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

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

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

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

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

Spousal Maintenance

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

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

What is Spousal Maintenance?

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

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

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

How is the amount and duration agreed?

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

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

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

Does getting Spousal Maintenance involve going to Court? 

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

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

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

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

How can couples reach a solution without going to court?  

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

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

In what circumstances is Spousal Maintenance terminated?

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

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

What happens if the parties situation changes?   

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

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

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

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

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

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

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

Read more articles by Nicki Mitchell.

About Nicki Mitchell

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

A skilled mediator, child inclusive mediator and collaborative family lawyer Nicki champions Alternative Dispute Resolution processes which avoid a lengthy court process and can lead much more quickly and cost effectively to a successful resolution.

Her exceptional track record also includes advising clients on the more traditional methods of resolving issues surrounding family breakdowns. Direct Dial: 01904 202553 or email  Nicki.mitchell@jonesmyers.co.uk  www.jonesmyers.co.uk

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

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

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

Safety First

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

Planning the conversation

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

Timing

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

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

Tone

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

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

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

Transition

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

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

Expert View

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

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

About Jo Harrison

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

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

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

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

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

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

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

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

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

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

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

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

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

Nothing surprises us anymore.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Read more articles by Peter Marples.

About Peter Marples

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

  • Email
  • Give the team a call – 07500933818 or 0333 577 7009
  • Complete an enquiry form

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What is 'Resolution Together'?
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What is ‘Resolution Together’?

Published on
Emma Alfieri
Emma Alfieri
Legal Director
Greene & Greene Solicitors

Resolution Together is a new way for separating couples, and for parents who are in dispute about the care of their child, to obtain advice from a single legal professional.

This new way of working follows the implementation of the Divorce Dissolution and Separation Act which allowed couples, for the first time, to make joint applications to end a marriage collectively.  As a result, Resolution has developed a new approach to help separating couples. Resolution is a community of family justice professionals who work with families and individuals to resolve issues in a constructive way.

The service is suitable for those whose joint aim is to reach an outcome that meets their needs and, if they are parents, the needs of their children. A key feature is that individuals must give their informed consent to disclosing all the relevant factual and financial information required in order to reach their decisions together, to one another and the legal professional who will be advising and guiding them towards their final outcome. The legal professional who works with the couple will not be acting for either party individually, and also the legal professional may not represent either or both in communications with the Court, other than where it has been agreed that the Legal Professional will file any draft Order with the Court on their behalf.

Some of the principles relating to Resolution Together are closely aligned to other dispute resolution approaches, such as Mediation. However, the difference is that Resolution Together provides an advice based service where both clients are able to receive advice, including legal advice on a jointly beneficial basis.

Generally, couples that choose Resolution Together will not be in a dispute, or have a “conflict”. Couples do not have to be in agreement about everything, but need to be willing to consider options and not have entrenched positions. A willingness to work hard towards finding an agreed outcome is key.

The ultimate aim is that the parties taking part in Resolution Together will reach a decision that will be recorded in a draft Order, and a legal professional will assist them to obtain an approved Order.

Read more articles by Emma Alfieri.

About Emma Alfieri

Emma Alfieri is a Legal Director at Suffolk firm Greene & Greene Solicitors.

Emma advises on all aspects of family law, including divorce and associated financial matters, disputes between cohabitants and child related disputes.

A member of Resolution, Emma is committed to resolving disputes as positively and agreeably as possible whilst also being motivated to obtain the best possible outcome for her clients.

Since 2012 Emma has been consistently recommended by the Legal 500 on an annual basis and in the most recent 2024 edition Emma is ranked as a “rising star”.

As an advocate of fault free divorce, Emma lobbied at Parliament with other members of Resolution in 2016 to bring about the recent changes to divorce law.

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How to Prepare for Divorce: A Comprehensive Guide
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How to Prepare for Divorce: A Comprehensive Guide

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Divorce is a significant life event that can impact various aspects of your life. Many people enter the process without fully understanding its implications, but preparation is crucial. This guide will help you navigate divorce in the UK by focusing on mental, financial, and parental preparation.

Mentally Prepare for Divorce

Divorce can be mentally and emotionally challenging. Before proceeding, ensure you’re certain about your decision. Consider marriage counselling or individual therapy to gain clarity and support.

Visualising your post-divorce future can help you focus on your goals instead of the past. Despite preparation, expect to face difficult days. Develop healthy coping strategies like maintaining physical health, exercising, spending time with friends, and engaging in enjoyable activities. A counsellor or therapist can provide valuable support during this time.

When choosing a divorce lawyer, look for someone who offers both legal expertise and empathetic guidance. A good family lawyer can ease the emotional burden of the process.

Financially Prepare for Divorce

Financial concerns are often the most pressing during a divorce. Early legal advice is crucial to understanding your entitlements and preparing for financial changes.

A family lawyer can help you understand your rights regarding the divorce settlement, the family home, and potential spousal maintenance. Plan for your immediate living expenses, as finalising a financial settlement can take months, and court proceedings may extend this period.

If you’ve depended on your spouse’s income, explore long-term financial support options such as benefits and spousal maintenance. Avoid taking actions that could be perceived as concealing funds, like moving money to a private account, as this can complicate legal proceedings.

Always consult an expert family lawyer before making significant financial decisions.

Parental Preparation for Divorce

For parents, divorce adds the concern of its impact on children and the parent-child relationship. Early agreement on childcare arrangements with your ex-partner can reduce stress for everyone involved. Drafting a formal parenting plan can provide clarity and minimise uncertainty.

Consult a family lawyer to understand your parental rights and ensure the parenting plan is fair and in your children’s best interests. Agree with your ex on what and how to tell your children about the divorce, ensuring they receive a consistent message from both parents.

Seeking Legal Advice

Being prepared for the divorce process and your new life afterward is crucial. Expert advice can make the journey smoother and less stressful. Ensure you choose experienced divorce lawyers who can provide specialist legal guidance for a smooth divorce.

Read more articles by Gemma Scourfield.

About Gemma Scourfield

Gemma is a divorce and family law solicitor with Woolley & Co, Solicitors based in Pembrokeshire West Wales. She has been based in Wales since qualifying in 2007 although has clients throughout the UK and abroad. In 2016, Gemma was accredited as an Advanced Family Law Panel Member with the Law Society which recognises her expertise in domestic abuse and financial relief.

Gemma qualified as a family law solicitor in 2007, she joined Woolley & Co from a regional firm in Wales in August 2021.

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Preparing for Divorce – A Guide to Gathering the Right Paperwork
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Preparing for Divorce – A Guide to Gathering the Right Paperwork

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

Preparing for a divorce can be an overwhelming process – especially when it comes to gathering the necessary paperwork. This guide will help you understand what documents you need and how to organise them effectively.

By being well-prepared, you can streamline the divorce process and potentially save time and money.

Having all your documents in order also gives you a clearer picture of your situation, which can be invaluable when making important decisions.

Financial Documents

Start by collecting all relevant financial documents. Having a clear picture of your financial situation is crucial for fair asset division and potential spousal maintenance calculations. Also, it’s important to be mindful of hidden assets. These typically include:

  • Bank statements for the past 12 months
  • Credit card statements
  • Mortgage documents or rental agreements
  • Payslips and P60 forms
  • Tax returns for the past three years
  • Pension statements
  • Investment account statements
  • Documentation of any debts or loans

Property and Asset Information

Gather documents related to your property and assets. These documents will help determine the total value of your marital assets for equitable distribution.

  • House deeds or lease agreements
  • Vehicle registration documents
  • Valuations of high-value items (e.g., jewellery, art, antiques)
  • Business ownership documents, if applicable

Personal Identification Documents

Ensure you have copies of essential personal documents. These documents may be required for various legal procedures during the divorce process.

  • Birth certificates for you and any children
  • Marriage certificate
  • Passport
  • Driving licence

Child-Related Documents

If you have children, collect the relevant paperwork. This information will be vital if child arrangements need to be determined as part of the divorce proceedings.

  • School records
  • Medical records
  • Child benefit information
  • Any existing custody or visitation agreements

Other Legal Documents

Gather any existing legal documents that may be relevant. These documents can significantly impact the divorce proceedings and outcomes.

  • Prenuptial or postnuptial agreements
  • Previous court orders or judgments
  • Separation agreements
  • Wills or trusts

Organising Your Paperwork

Once you’ve gathered all the necessary documents, it’s time to organise them effectively. Create a filing system, either physical or digital, that works for you. This might involve using folders, binders, or cloud storage solutions.

Make copies of all important papers. Keep one set for yourself and prepare another for your solicitor.

Store the originals in a secure location, such as a safe deposit box or a locked filing cabinet at home.

Consider using a spreadsheet to track and summarise financial information. This can be particularly helpful for complex financial situations.

Being organised will help you and your solicitor navigate the divorce process more efficiently. It can also reduce stress by giving you a sense of control over the situation.

Final Thoughts

Gathering the right paperwork for your divorce may seem daunting, but it’s a crucial step in ensuring a fair and smooth process. Following this guide and consulting with your solicitor will prepare you to move forward with your divorce proceedings.

Remember, thorough preparation can lead to better outcomes and potentially reduce the stress and duration of the divorce process.

While collecting and organising all these documents may take time and effort – doing so will ultimately serve you well as you navigate this challenging life transition.

If you’re unsure about any aspect of document gathering, don’t hesitate to seek advice from your solicitor. They can provide guidance specific to your situation and ensure you haven’t overlooked any crucial paperwork.

Read more articles by Fair Result.

Read more articles by Chris Sweetman.

About Chris Sweetman

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

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

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The Dangers of DIY Divorces
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The Dangers of DIY Divorces

Published on
Emma Alfieri
Emma Alfieri
Legal Director
Greene & Greene Solicitors

Since fault free divorce law came into effect on 6th April 2022, it has become much easier for parties to complete a DIY divorce without seeking legal advice. Whilst the changes were welcomed, the new law has resulted in many DIY divorcees not understanding the law and/or encountering problems along the way.

One common (and wrong) assumption is that the Final Order of divorce automatically prevents an ex-spouse from making financial claims in the future. This is false. The only way to achieve a legally binding financial “clean break” is for the parties to also submit a separate signed Consent Order to the Court embodying the financial agreement they have reached. If this additional step is not taken, an ex-spouse is entitled to make financial claims against their former spouse in the future, even after they are divorced and the assets have been divided.

A trigger for a financial claim by an ex-spouse months or years after the divorce could be, for example, if a former spouse later accumulates wealth, such as by inheritance or lottery win. This situation can be stressful and expensive to sort out and therefore it is always advisable to enter into a Consent Order at the time of divorce.

In some DIY divorce cases the parties may be aware of the requirement to have a Consent Order but do not take advice before signing the document.   This could result in a binding Order that excludes valuable assets or income that cannot later be re-visited.

Another common mistake is some of the less obvious assets of the marriage such as pensions and business interests are overlooked, instead focussing on property alone. The pension assets of a marriage can be some of the most valuable assets and are often ignored resulting in a poor outcome for the party with the lower pension provision.

Timing is another factor that can get overlooked. For example, a divorce lawyer would usually recommend a final Order of Divorce is not applied for until financial matters have been resolved and a Consent Order approved by the Court (but not in all circumstances). There could also be consequences if a party re-marries before they have properly dealt with financial matters.

Believe it or not, every case is different. The individual facts need to be applied to each set of circumstances. Whilst many DIY divorcees will scour the internet for advice, there are no on-line resources that provide the answer to every single situation/scenario.  That’s why is it is always advisable to take legal advice early on, even if that advice is limited to just one consultation.

In conclusion, whilst a DIY divorce will always be the cheapest option, it is important that parties going through divorce can properly understand what they need to do, when, and to consider any other factors they may not have thought about.  This will ensure parties do not find themselves in a position where their quest to save money could be a decision they later live to regret.

This article is only intended to be a summary and not specific legal advice.

Read more articles by Emma Alfieri.

About Emma Alfieri

Emma Alfieri is a Legal Director at Suffolk firm Greene & Greene Solicitors.

Emma advises on all aspects of family law, including divorce and associated financial matters, disputes between cohabitants and child related disputes.

A member of Resolution, Emma is committed to resolving disputes as positively and agreeably as possible whilst also being motivated to obtain the best possible outcome for her clients.

Since 2012 Emma has been consistently recommended by the Legal 500 on an annual basis and in the most recent 2024 edition Emma is ranked as a “rising star”.

As an advocate of fault free divorce, Emma lobbied at Parliament with other members of Resolution in 2016 to bring about the recent changes to divorce law.

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