What Our Clients Say
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Every marriage experiences challenges, and many people struggle to decide whether getting a divorce is the right step for them. Deciding to get a divorce is a significant and personal choice, and seeking professional advice can help once you have decided to move forward. As experienced family law solicitors, we know similar warning signs consistently appear before couples seek divorce advice, and understanding these patterns can help you make well-informed decisions about your future, especially if you are considering getting a divorce.
Navigating the divorce process and post-separation issues with an ex-partner can be challenging, as it often involves addressing both legal and emotional aspects to ensure a smoother transition.
If you’re considering a divorce or have questions about the divorce process in England or Wales, contact our team at Edwards Family Law. Getting a divorce involves several legal steps, and our team can help you decide the best approach for your situation. We understand the challenges people face when going through a divorce and the importance of professional guidance. We specialise in complex divorce, and we can guide you through the entire divorce process. Whether you’re looking for a solicitor for divorce or need assistance with divorce mediation, our team is here to help you every step of the way.
Understanding When Your Relationship Has Reached a Breaking Point
Marriage naturally involves ups and downs, but distinguishing between temporary rough patches and fundamental relationship breakdowns requires careful consideration. Deciding between separation and divorce is a major step, and reaching an agreement with your partner can sometimes make the process smoother. When couples finally seek divorce advice, they often realise they’ve been ignoring warning signs for months or even years. The key is recognising these patterns early enough to either address them effectively or make a well-informed decision about your marriage’s future.
Under the current legislation in England and Wales, there is a minimum timeframe of six months for divorce proceedings. There is a mandatory period of twenty weeks from the application stage to conditional order, followed by six weeks from conditional order to final order. This required twenty-week period allows couples the opportunity to reflect before the conditional order is issued, which is when many couples start to feel ‘divorced,’ even though the legal dissolution is not finalised until the final order. This reflection period can also be used for deciding whether to proceed with divorce or consider separation.
Understanding Civil Partnerships and Their Unique Challenges
Civil partnerships are a legally recognised way for two people to formalise their relationship, offering many of the same rights and responsibilities as marriage. However, when it comes to ending a civil partnership, there are unique challenges that can arise during the divorce process. The legal steps for dissolving a civil partnership are similar to those for divorce, but there are important differences in terminology and procedure that can affect your case.
If you are considering ending your civil partnership, it is essential to seek legal advice from a family law solicitor who has experience with civil partnerships, such as our firm. We can guide you through the divorce proceedings, explain the no-fault divorce process, and help you understand your rights and obligations under family law. Navigating the family court system can be complex, especially if there are issues involving children, property, or finances. A solicitor can ensure that your interests are protected and that you follow the correct legal processes from start to finish.
Whether you are dissolving a civil partnership or ending a marriage, the law provides a clear process for reaching a fair outcome. By seeking professional advice early, you can avoid unnecessary complications and make informed decisions about your future. Remember, every family is unique, and a family law solicitor can tailor their advice to your circumstances, helping you achieve the best possible result.
The 7 Essential Warning Signs That Signal It’s Time for Divorce Advice

Sign #1: Communication Has Completely Shut Down
When conversations become forced or disappear entirely, your marriage may be in trouble. If dinner times are silent and you feel like you’re living with a flatmate rather than a life partner, this communication breakdown often signals the need for professional divorce advice.
Healthy marriages require open dialogue, but when one or both partners stop trying to communicate, the relationship becomes emotionally barren. This silence doesn’t just indicate temporary stress; it often reflects deeper issues that require professional intervention to resolve or properly evaluate. Our experienced solicitors regularly encounter clients who describe feeling completely disconnected from their spouse, unable to discuss even basic household matters without tension or complete avoidance.
Sign #2: You Feel Like You’re Constantly Walking on Eggshells
Living in constant fear of your partner’s reactions creates an unhealthy dynamic that destroys intimacy and trust. Whether you’re avoiding conversations due to a partner’s explosive temper or fear of emotional manipulation, walking on eggshells is never acceptable in a healthy relationship.
This behaviour pattern often indicates deeper control issues or emotional difficulties that require immediate attention. Continuing in such an environment puts you at risk of harm to your emotional and physical well-being. If you find yourself changing your behaviour to avoid confrontation, seeking divorce advice can help you understand your options and rights in this situation. Our team at Edwards Family Law understands these complex dynamics and can guide you through the process with sensitivity and expertise.
Sign #3: You’re the Only One Fighting to Save the Marriage
Relationships require effort from both partners, and when only one person is working to maintain the connection, the marriage is destined to fail. If your partner has emotionally checked out whilst you continue making desperate attempts to reconnect, this imbalance signals serious relationship dysfunction.
One-sided efforts create resentment and exhaustion that ultimately damage your mental health and self-worth. Professional divorce advice can help you evaluate whether your marriage has reached a point where continued efforts are counterproductive. We specialise in complex divorce situations and can guide you when it might be time to consider alternative approaches to your relationship difficulties.
Sign #4: Your Personal Identity Has Been Completely Lost
When you’ve lost yourself entirely within your marriage, it may be time to seriously consider seeking divorce advice. Healthy relationships should enhance your identity, not completely absorb it. If you no longer recognise the person you’ve become or feel like you’ve sacrificed everything for a relationship that doesn’t reciprocate, professional guidance becomes essential.
Identity erosion often happens gradually, making it difficult to recognise until the damage becomes severe. This loss of self can impact every aspect of your life, from career decisions to friendships, creating long-term consequences that extend far beyond your marriage. Our solicitors understand the importance of helping clients reclaim their sense of self throughout the divorce process.
Sign #5: You’re Staying Together ‘For the Children’s Sake’
Remaining in an unhappy marriage solely for your children’s benefit often causes more harm than divorce would create. Children naturally absorb the tension and negativity in dysfunctional households, potentially learning unhealthy relationship patterns that affect their future romantic connections.
When parents model unhealthy relationships, children may grow up believing that constant conflict, emotional distance, or toxic dynamics are normal in marriages. Seeking divorce advice can help you understand how to prioritise your children’s wellbeing while making decisions about your marriage’s future. Our team can guide you through divorce mediation and other child-focused approaches to ensure the best outcomes for your family. Making arrangements with the other parent is also an important part of ensuring the best outcomes for your children.
Sign #6: Your Physical and Mental Health Are Deteriorating
Chronic relationship stress can manifest in physical symptoms. When your marriage consistently damages your mental health through anxiety, depression, or constant emotional turmoil, professional divorce advice becomes crucial for your well-being.
Your health should never be sacrificed for a relationship that consistently causes distress. If you’re experiencing persistent health problems that correlate with relationship stress, consulting with professionals about your options can provide clarity about the best path forward. We understand the toll that marital difficulties can take on your overall well-being.
Sign #7: You Feel More Like Roommates Than Life Partners
When emotional and physical intimacy disappears and you’re simply cohabiting without a genuine connection, your marriage has fundamentally changed. If you find yourselves living parallel lives in the same house without meaningful interaction or affection, this disconnection often signals the need for divorce advice.
This roommate dynamic typically develops over time as couples grow apart emotionally. Without shared goals, intimate conversations, or physical affection, the marriage becomes a practical arrangement rather than a loving partnership. Our experienced solicitors can help you evaluate whether this disconnection is temporary or indicates deeper incompatibility.
Serious Red Flags That Demand Urgent Divorce Advice

Domestic Abuse and Violence: When Safety Must Come First
Domestic abuse and violence are serious issues that can affect anyone, including those in civil partnerships. If you are experiencing domestic abuse, your safety and the safety of your children must always come first. There are legal protections available to help you, and it is important to seek support as soon as possible.
A solicitor can help you apply for a court order to protect yourself and your children from further harm. If you are worried about the cost of legal help, you may be eligible for legal aid, which can cover the costs of legal representation and support. There are also organisations and helplines, such as the National Domestic Abuse Helpline, that can provide immediate assistance and practical information.
Remember, you do not have to face this situation alone. Legal professionals are experienced in dealing with cases of domestic abuse and can guide you through the process of securing protection and support. Your well-being and that of your children are the top priority, and there are resources available to help you move forward safely.
Psychological Manipulation and Controlling Behaviour
If your partner uses emotional manipulation, gaslighting, or controlling tactics to dominate the relationship, seeking immediate divorce advice becomes essential. These behaviours often escalate over time and can cause lasting psychological damage.
In some cases, it may be necessary to seek a court order to protect yourself or your children from further harm.
Repeated Infidelity and Broken Trust
When trust has been repeatedly broken through infidelity or other betrayals, professional guidance can help you understand your options and rights. Our team handles these sensitive situations with discretion and expertise.
Social Pressure Is Your Only Reason for Staying
If fear of judgment from family, friends, or community is preventing you from addressing serious marital problems, divorce advice can help you prioritise your genuine wellbeing over external expectations.
Essential Steps Before Making Your Final Decision
Actions to Consider When These Warning Signs Appear
Before making any major decisions, document patterns of behaviour, as this documentation can help you provide evidence if legal action becomes necessary, and consider whether professional counselling might address some issues. However, don’t delay seeking divorce advice if you’re experiencing serious problems.
Mental and Emotional Preparation for Major Life Changes
Understanding the divorce process in England and Wales can help reduce anxiety about the unknown. The mandatory twenty-week reflection period provides time to ensure you’re making the right decision for your circumstances. Typically, a dissolution takes several months from start to finish, but the exact duration can vary depending on factors such as financial settlements, property division, and arrangements for children.
Safeguarding Your Wellbeing and Your Family’s Future
Consider practical matters such as finances, housing, and what will happen to the family home during the divorce process, as well as children’s arrangements. If you are facing financial difficulties during separation, you may be eligible for financial help, such as Housing Benefit, Universal Credit, or other support schemes. Our team can guide you through these complex considerations whilst protecting your interests.
Navigating Family Court Proceedings
The family court process can feel overwhelming, especially if you are unfamiliar with the legal system or facing a difficult divorce. A family law solicitor can help you understand each stage of the divorce process, from filing your application to attending hearings and finalising arrangements for children and finances.
Your solicitor will explain the legal requirements, represent your interests in court, and ensure that your rights are protected throughout the proceedings. They can also help you prepare the necessary documents, gather evidence, and communicate effectively with the court and the other party. Having professional support can make a significant difference in achieving a fair and positive outcome for you and your family.
If you are concerned about any aspect of the process, do not hesitate to ask your solicitor for advice. They are there to guide you through the legal processes and help you make informed decisions at every step.
What to Expect in Court
If your divorce proceedings require you to attend court, it is natural to feel anxious about what to expect. Your solicitor will explain the court process in detail, so you know what will happen at each stage. They will help you prepare your case, organise your documents, and ensure you understand how to present your situation clearly and confidently.
During the hearing, the judge will listen to both sides and make decisions based on the evidence and the law. Your solicitor will be by your side to support you, answer your questions, and help you communicate effectively with the judge. It is important to stay calm, listen carefully, and speak honestly about your circumstances.
Remember, the court is there to ensure a fair process and to protect the interests of everyone involved, especially children. With the right legal support, you can approach your court appearance with confidence and work towards the best possible outcome for your future.
Applying for a Divorce: Your First Legal Step
Taking the first step to apply for a divorce or dissolution of a civil partnership is a significant moment in the divorce process. In England and Wales, you are eligible to apply for a divorce or dissolution if you have been married or in a civil partnership for at least one year. This initial stage involves making a formal divorce application, which can be submitted either jointly with your partner or by yourself if you are ready to move forward independently.
It is important to note that the law changed in April 2022, which has affected the steps and procedures for divorce and dissolution applications.
The divorce process is designed to be as straightforward as possible, but it is still a legal procedure with specific requirements. Whether you are ending a marriage or a civil partnership, understanding your rights and responsibilities from the outset is crucial. Applying for a divorce is not just about ending a legal relationship, it is about setting the foundation for your future, including arrangements for children, finances, and property. If you are unsure about any aspect of the process, seeking legal advice early on can help you make informed decisions and avoid unnecessary complications.
Understanding the Application Process
The process of applying for a divorce or dissolution involves several key steps. First, you will need to prepare and submit your divorce application, which outlines your intention to legally end your marriage or civil partnership. This application can be made online or by post, and it must be served on your partner, who will then have the opportunity to respond.
It is highly recommended to seek legal advice from a family law solicitor before starting the divorce application. A solicitor can explain the legal processes involved, help you understand your rights, and provide guidance on sensitive issues such as domestic abuse, child arrangements, and financial orders. If your situation involves complex family dynamics or concerns about your safety, a family law solicitor can ensure that your interests are protected throughout the process. They can also advise you on the best approach to take, whether that involves mediation, negotiation, or court proceedings.
Key Documents and Requirements
When you apply for a divorce or dissolution, you will need to provide certain essential documents. The most important is your marriage certificate or civil partnership certificate, which proves that your relationship is legally recognised. You will also be asked to provide detailed information about your personal circumstances, including your income, expenses, and any assets you and your partner hold.
If you have children, you will need to outline the current arrangements for their care, including where they live and how much time they spend with each parent. Providing accurate and complete information at this stage is vital, as it helps the court make informed decisions about your case and can prevent delays in the divorce process. Being thorough and honest about your circumstances will also help your solicitor give you the best possible advice and support.
What to Expect After Filing
Once your divorce application has been filed, you will receive confirmation from the court, and your partner will be formally notified. Your partner will then have the opportunity to respond to the application. If they do not respond, the court may proceed with the divorce or dissolution without their input. However, if your partner contests the application or disputes any aspect of the process, you may be required to attend court hearings to resolve the issues.
Throughout this period, it is important to have the support of a family law solicitor, who can represent you in court and help you navigate the legal processes involved. Your solicitor can also connect you with other services and support, especially if you are experiencing domestic violence or need urgent protection for yourself or your children.
Beyond the legal steps, it is essential to consider the emotional and practical impact of divorce, including changes to your living arrangements, finances, and family dynamics. A family law solicitor can provide practical information and guidance tailored to your circumstances, helping you achieve the best outcome for your future. Remember, the divorce process is a journey, and while it can be challenging, the right support can help you move forward with confidence and security.
Why Professional Divorce Advice Becomes Crucial
Navigating Complex Legal Territories and Rights
The divorce process involves numerous legal requirements and deadlines, many of which are handled in family court. Whether you’re looking for a solicitor for divorce or need assistance with divorce mediation, professional guidance ensures you understand your rights and obligations throughout the process.
Strategic Financial Planning for Your New Chapter
Money management is a key part of financial planning during divorce. Divorce involves complex financial considerations, including property division, pension sharing, other assets, and spousal maintenance. Our experienced solicitors can help you understand your financial position and ensure fair settlements that protect your future security.
It is important to assess what you can afford in terms of housing and living expenses after divorce. You should also consider the cost of legal proceedings and plan for these expenses. In some cases, you or your former partner may be required to pay legal fees or maintenance, and these payments need to be arranged clearly. Paying bills and other obligations on time during the transition is essential to avoid further financial stress. Some payments may need to be made or received as part of the settlement, so ensure you are paid what you are owed. If your income changes after divorce, explore eligibility for tax credits or other financial support to help manage your finances.
Building Healthy Co-Parenting Foundations
If children are involved, establishing effective co-parenting arrangements becomes crucial for their well-being and benefits families as a whole. We can guide you through creating arrangements that prioritise your children’s needs whilst protecting your parental rights.
Moving Forward: Creating Your Action Plan After Identifying These Signs
Once you’ve recognised these warning signs in your marriage, taking decisive action becomes important for your well-being. The six-month minimum timeframe for divorce proceedings in England and Wales provides adequate time to plan your approach carefully.
Consider whether divorce mediation or family mediation might be appropriate for your situation, as this can often help you deal with disputes and reach agreements without going to court. However, in cases involving manipulation, control, or abuse, direct legal representation may be more suitable.
Document important financial information and consider your housing needs, especially if children are involved. Certain issues, such as finances or child arrangements, may be dealt with separately from the main divorce process. Our team can help you understand what information you’ll need to gather, how to make clear agreements to protect your interests, and how to deal with arrangements throughout the process.
Speak to us

If you’re considering a divorce or have questions about the divorce process in England and Wales, don’t wait until problems escalate further. Contact our team of divorce lawyers at Edwards Family Law today. We specialise in complex divorce cases and can guide you through the entire divorce process with compassion and expertise.
Recent changes in the law have made the process for both marriages and civil partnerships more straightforward, and civil partnerships are now treated similarly to marriages in the divorce process. You now have the option to make a joint application for divorce or dissolution, which can simplify the process if both parties agree. You can also apply online for divorce or dissolution, making it more convenient and faster than applying by post. There is a court fee required for applications, but you may qualify for a reduction depending on your financial circumstances. It is important to consider applying for a financial order to formalise financial arrangements for yourself and any children. If you are in a civil partnership, you will need to make a dissolution application, which follows a similar process to divorce.
Whether you’re looking for a solicitor for divorce or need assistance with divorce mediation, our team is here to help you every step of the way. We understand that every situation is unique, and we’ll work tirelessly to achieve the best possible outcome for you and your family.
The mandatory reflection period built into the current divorce legislation ensures you have time to make considered decisions, but seeking professional divorce advice early can help you understand all your options and prepare effectively for the road ahead.
Speak to a top divorce lawyer today and take the first step towards protecting your future.
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Speaking exclusively to Sky News, Our Senior Associate Charlotte Lanning explained that Prenups used to be associated with the ultra-wealthy and famous, but after the Radmacher v Granatino ruling, people became more aware of them.

After that decision, prenups agreed by celebrity couples made headlines across the country, making them appear “glitzy” and desirable, Charlotte explained. “When I was first starting out, I would do prenups on the odd occasion, whereas now we always have a couple on the go each.”
While the ruling was a factor, Charlotte explained that the more recent increase in prenups has been driven by changes in society. People are getting married later and are less worried about looking unromantic.
“The fact that people are getting married a lot later in life… means there is more to argue over,” explaining that the older people are, the more likely they are to own businesses, properties or other assets.
Read the full article here
To learn more about Charlotte Lanning, you can reach her here, or to meet any of our expert team to discuss prenups. Please contact us here

Read the full article Here
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If you know someone who has been through a divorce, you may have heard them mention the “Form E”, or “financial disclosure”. You may have come across the form itself on the government website for divorce, called in full a ‘financial statement for a financial order (Form E)’. The form is found in the section where a couple have asked the court to decide how their money and property should be split on divorce, often because they cannot agree between them. The guidance says that both parties need to fill it out before their first court hearing, to give a breakdown of their property and debts, as well as an estimate of their future living expenses. But what actually is the Form E, and what is ‘financial disclosure’? Why are these so important in divorce?
What is Financial Disclosure

Financial disclosure is the process of sharing with your ex-spouse details of all of your finances (in the UK and abroad), including:
- your employment, salary and any bonuses;
- any other income such as rental income or benefits;
- addresses and estimated value of your property;
- bank accounts;
- ISAs or other investments or savings;
- business interests;
- debts; and
- anything else relevant to your finances, be that financial assistance from friends or family, trust interests, financial dependants, and so on.
It is always recommended to engage in financial disclosure if you are divorcing. This is so that both parties have a complete picture of the marital finances, and therefore a clear understanding of their financial claims against each other associated with their divorce.
What is Form E?
Form E is the 30-page court form that seeks to capture all of the financial information listed above, and requires you to provide copies of bank statements, mortgage statements, policy documents and so on to prove your financial situation. It is set out mostly in table format, and it calculates your net worth and your net income.
Form E also asks you to estimate your average monthly outgoings for yourself – including rent/ mortgage payments, travel costs, food, leisure, subscriptions etc – and your monthly outgoings for any children, itemised per child.
Form E is a financial snapshot, accurate to the date that it is signed. However, bank statements must be provided for the 12 months prior to the Form E date, and the form asks you to disclose any significant changes in your finances in the last year, such as the sale of any property or any changes in income. It also asks you to state what your projected income in the next year will be.
Form E requires a witnessed signature and statement of truth confirming that the information contained in the form is correct. This means that if you are involved in court proceedings, any false information in your Form E constitutes the offence of Contempt of Court.
Should I do my own version of financial disclosure, rather than Form E?
The extent of detail and depth you go into when exchanging financial disclosure is initially up to you. You might be fairly confident that you know everything about your spouse’s finances already, or it might be that you and your spouse have always only kept joint bank accounts and own the family home jointly, rather than holding assets in your separate names. In these scenarios you may feel comfortable agreeing that you need not each complete Form E in full, since it is quite onerous. It is still helpful to refer to Form E as a guide or checklist.
If you have agreed with your ex-spouse to just send top-line figures/ estimates of their finances, but you suspect that they have not told you everything, or that there is other financial support/ assets in the background, you may want to consider suggesting both completing a Form E. It is always fair and justified to insist on full and frank financial disclosure in the form of Form E.
If you instruct lawyers to advise you in your divorce, the first thing that lawyers will want to exchange with your spouse’s lawyers is Forms E. Lawyers may agree to do “short-form” Form E, or exclude certain sections of the Form, in order to save time and costs, but this must be expressly agreed between the parties.
If you engage in mediation, any good mediator will equally ask for you to both send to the mediator and to each other details of your finances. Some mediators will ask you to complete Form E, or they may have their own version of a financial disclosure form that is similar to Form E.
If either of you has started court proceedings to determine the financial outcome of your divorce, you will not have a choice and you must both complete Form E by the deadline set by the court.
Why is so much emphasis put on Form E and financial disclosure?
Form E and full financial disclosure is so important because a party to a divorce cannot possibly know what they are gaining or giving up by agreeing to a financial consent order without knowing the truth of the financial situation. You would not engage in any other major financial negotiation in your life without knowing all the facts, so why take the risk on your divorce?
Equally if you are in court proceedings on the finances, it is critical that the court has all the relevant information in order for the judge to make the right decision as to how assets should be divided and as to whether any spousal maintenance should be ordered.
The worst case scenario is a financial order being made, either contested or by consent, only for one of the parties to the divorce to discover that their ex-spouse was in fact due to be paid a large bonus or windfall payment; that they were planning to immediately cohabit with someone with significant financial resources to support them; or that they had access to a trust fund or other “hidden” savings. Engaging in full and frank financial disclosure by way of Form E considerably lowers the risk of this happening.
If you are separating and starting to consider your financial future post-separation, do not hesitate to get in touch with a member of the team here at Edwards Family Law so that we can guide you through the process of financial disclosure and advise.
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What is Cohabitation?
Cohabitation refers to a situation where two people live together as a couple without being legally married or in a civil partnership. Often referred to as “living together” or erroneously as a “common-law marriage” (though the latter is not a legal term in the England and Wales), cohabiting couples typically share a home, finances, and a domestic life, but do not have the legal status of a married couple or civil partners.
Does Cohabitation Affect Divorce?

In England and Wales, cohabitation does not directly impact divorce, since divorce laws only apply to legally married couples or those in civil partnerships. However, for cohabiting couples who separate, there is no equivalent legal process for “divorce.” Instead, their separation is treated differently under family law, which can affect financial settlements, property rights, and other matters.
Key Differences Between Cohabitation and Divorce:
- Legal Rights:
- Married Couples: When a married couple divorces, they are entitled to claim a fair division of assets and financial support, including spousal maintenance if necessary. The court has a broad discretion to divide assets based on factors such as each party’s contributions, the length of the marriage, and the needs of each party.
- Cohabiting Couples: If a cohabiting couple splits up, there is no automatic legal right to share assets or receive spousal support. Property and assets are typically divided based on ownership, meaning that the person whose name is on the title or deed of a property generally retains ownership, unless the other party can prove a beneficial interest.
- Married Couples: When a married couple divorces, they are entitled to claim a fair division of assets and financial support, including spousal maintenance if necessary. The court has a broad discretion to divide assets based on factors such as each party’s contributions, the length of the marriage, and the needs of each party.
- Property Rights:
- Married Couples: Upon divorce, married couples have the right to claim an equitable share of assets, including family homes, regardless of whose name is on the deed.
- Cohabiting Couples: Cohabiting couples do not have automatic property rights. If the couple separates, the property is divided based on legal ownership, and the courts do not generally intervene to divide property unless there is a formal agreement, like a cohabitation agreement, or a claim to a beneficial interest (e.g., if both partners contributed to the mortgage or maintenance).
- Married Couples: Upon divorce, married couples have the right to claim an equitable share of assets, including family homes, regardless of whose name is on the deed.
- Children’s Rights:
- For both married and cohabiting couples, child arrangements and maintenance rights remain the same. Parents—whether married or cohabiting—have a duty to support their children financially, and both parties have the right to seek a child arrangements order through the courts if there is a dispute.
Cohabitation Agreements:
To avoid disputes upon separation, cohabiting couples can draft a cohabitation agreement, which outlines the division of assets, finances, and responsibilities should the relationship end. While this agreement is not legally binding, it can be used as evidence in court to determine asset division and financial responsibilities.
The Growing “Cohabitation Crisis”:
In the UK, the number of cohabiting couples has increased significantly in recent years. Despite this, there is a lack of legal recognition and protection for cohabitants when relationships end. Many people mistakenly assume that they have the same legal rights as married couples, which often leads to disputes when relationships break down. This has led to calls for reform to offer better legal protections for cohabiting couples, especially when it comes to financial support and property division.
Conclusion:
While cohabitation does not directly impact divorce in England and Wales, it creates a different set of legal considerations for couples who separate. Married couples have a clear legal process for divorce and financial settlements, whereas cohabiting couples may face difficulties when dividing assets or seeking financial support. It’s important for those living together without marriage to understand their legal rights and consider a cohabitation agreement to safeguard their interests in case of a split.
- Legal Rights:
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The short answer is no, but this does not mean that a pre-nuptial agreement UK is not worth entering into. Quite the opposite; if you are marrying and you have any concerns about how your existing assets or your future savings and asset purchases would be treated if you were to sadly divorce in the future, a ‘pre-nup’ is essential. It can have a drastic impact on the outcome of your finances in the event of a divorce.
No-one enters into marriage thinking that they will get divorced, of course. We are not here to say that you will get divorced! Marriage is a symbolic commitment, but it is also, legally speaking, a major financial commitment. You are vowing to share your ‘property’ with the other person. Property includes the obvious ones such as real estate and physical possessions, but it also includes savings, and any increase in the value of any investments during the marriage. If you do not want to risk a large proportion, and in some instances half or even more, of those assets remaining in your spouse’s ownership following a divorce, then a pre-nuptial agreement is your only option.
A pre-nuptial agreement is not a legally binding contract. This means that it will not necessarily be followed ‘word for word’, exactly to the letter, in the event of a divorce. This is to protect people from singing a pre-nuptial agreement that would leave them in an impossible financial situation before a wedding, without fully understanding its true implications, and then being held to it at a later date.

In order for a court to uphold a pre-nuptial agreement, it must have been freely entered into (i.e. not under duress) by both parties with a full appreciation of its implications. A full appreciation of its implications is generally viewed to require both parties having disclosed in full their finances to each other, and to have taken (or at least had the opportunity to have taken) proper legal advice before signing the pre-nuptial agreement. This way, both parties understand what they are potentially ‘giving up’, or are protecting/ gaining by signing the agreement.
There is then a further sense-test that a pre-nuptial agreement must pass in order for a court to uphold it on divorce. This is that it must not be unfair to hold the parties to their agreement in the prevailing circumstances at the time of the divorce. This is to allow for the fact that a couple can rarely, if ever, foresee what their life will look like at the time of divorce when they are signing the pre-nuptial agreement before their marriage. They might have since taken on the full-time care of a dependant family member; they may have moved to a different part of the country; they may have taken on various financial commitments such as school fees and so on. Therefore the court retains some discretion in checking that following the terms of the pre-nup on divorce would not leave one party in a position of financial hardship or dire need. This is why it cannot be said that a pre-nup is legally binding.
To ensure that this ‘sense-test’ does not defeat the pre-nuptial agreement, pre-nups are typically quite a flexible document. They will state some specific assets, or types of asset, that will not be shared with your spouse on divorce. This means that there will be no automatic concept of the assets being split between you just by virtue of your marriage – they will only be divided or sold in order for some amount to be paid to your spouse if there is a financial need to do so, i.e. some equity has to be freed up in order to help your spouse re-house or to pay for reasonable daily outgoings. However they will not set in stone every single aspect of financial considerations on divorce.
Do not hesitate to get in touch with us here at Edwards Family Law to assist you in drawing up your pre-nup. Equally if you are already married but you think an agreement on your finances would help you, we can advise you on a “post-nup” or “mid-nup”. We are a leading firm recognised by the Legal 500.
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The media have coined the term “Divorce Day”. This is the first Monday in January and this year falls on Monday 6 January 2025. “Divorce Day” is considered to be the most popular day for couples to initiate divorce proceedings. Below we explore the potential reasons for this and considerations if are you are thinking of separating.
Why does January see more divorce enquiries?
It is fair to say that most family lawyers see an uplift in enquiries at the start of the new year and this can be for a variety of reasons. The festive period can be very stressful, both financially and emotionally. For couples who are already struggling, this can only exacerbate issues. Many also see the New Year as a fresh start, so addressing relationship issues and taking steps to separate may be on the list.
For couples with children, separating just before Christmas is not an attractive option. Couples may therefore decide to stay together until the festive period is over. Many solicitors see a rise in enquiries in the lead-up to Christmas. Clients want to take legal advice about their rights, but then wait to take formal action until the New Year.
Other issues impacting the decision to file for divorce
According to the most recent report published by the Office for National Statistics there has been a decline in the number of divorces. In 2022 there were 80,057 divorces granted in England and Wales, a 29.5% decrease compared with 2021 and the lowest number of divorces since 1971. We do not know the exact reason for the decline, however the cost-of-living crisis may have influenced people’s decisions to divorce.
A Legal & General study in 2025 found 272,000 people have delayed their divorce due to the cost-of-living pressures. Although 2024 saw interest rates and mortgage rates decrease slightly, the cost-of-living pressures remain. Potential clients are becoming increasing reticent and concerned to initiate proceedings, with many taking advice and then telling us that they want to sit tight, believing a divorce or separation to be ‘unaffordable’ at the moment. Creating two households out of one seems unaffordable for many.
What to consider if you are thinking of separating
Making the decision to separate, whether now or in the future, it extremely difficult. Getting divorced is not only a legal process, but also is an emotional journey and you should ensure you have the right support in place.
You should consider obtaining legal advice as early as possible. Taking legal advice does not need to lead to separation or divorce, but arming yourself with the information so that you can prepare yourself for this eventuality can be empowering, whatever way you decide to go, knowledge is power after all. Ensuring you also have emotional support is important. Whether this be family or friends or looking to a professional for support, for example a therapist or divorce coach. The emotional toll of a divorce should not be underestimated.

When to formally separate
There is no one size fits all approach. What is right for you may be different to someone else, and it is important to take the process at your pace. Some people choose to emotionally separate but not formally move apart and deal with their financial arrangements. This arrangement is often something that we would advise against. Whilst some may believe that they would prefer to wait until asset values increase, this can be a false economy. Certainly, once a couple (or even one party) has made the decision to separate, staying in a marriage or relationship at that stage can be very claustrophobic and stressful, and can also seriously impact the mental health of children involved in the midst. It is true to say that this arrangement will also only work if there is complete trust between the separating couple.
Delaying formally separating may also give one party the chance to change the financial position, for example over-spending, moving money out of reach etc. It is crucial to deal transparently with financial disclosure in the event of a financial separation and divorce. Delaying formally separating may make it much harder, and much more expensive, to unpick the truth and work out what a true representation of any financial outcome ought to be.
Prolonging the inevitable might not be the best financial decision in the long term, particularly if pensions need to be divided. We have seen drastic fluctuations in pension valuations recently. Whilst that of course affects everyone across the board, formally sharing pensions on divorce sooner rather than later at least provides some certainty to the recipient party that they have full control of their share of what is often the most significant asset of the marriage or partnership, after the family home, even in a volatile market.
How Edwards Family Law can assist
As family solicitors we are mindful of the pitfalls that come with waiting to separate, which we will discuss honestly and transparently with you. However, what is right for you and your family is a decision for you to make. In the event that we are instructed to assist, our aim is to advise pragmatically from the outset to try to preserve a good working relationship with the other party and/or their solicitor, and give advice that is sensible from the outset in terms of preserving your costs position. If, therefore, one of the big concerns is proportionality in dealing with the case sensibly and cost effectively, and that is what is putting a potential client off from formally actioning their separation, we can certainly assist.
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On 18 December 2024 the Law Commission of England and Wales provided their long-awaited scoping report concerning whether the law governing financial remedies requires reform. As this is just a scoping paper, they have not yet made any firm recommendations. This article will discuss the report and financial remedies for this divorce reform.
The current law for divorce and financial proceedings is set out in the Matrimonial Causes Act 1973 (“the statute”). Since 1973 there has been case law setting out how the statute should be interpreted. However, the actual statute has not been updated in over fifty years.
Why the law might need to be reformed

Numerous concepts have developed through case law since 1973, for example the concept of needs and matrimonial/ non-matrimonial property. However, the statute does not define what these are. Therefore, arguably the statute needs to be updated in line with the current case law, mainly so that anyone getting divorced can understand how their case will be dealt with by looking at the statute.
There has been a lot of criticism about the current law as it gives the court such a wide discretion. This makes it difficult for divorcing couples to know what a court will do, as what one Judge orders may be completely different to another Judge, but these will all still fall within the bounds of discretion. This can make it difficult to negotiate as one party may be at the upper end of a court’s discretion, and the other party at the lower end. In the meantime, costs can spiral.
There have been calls for reform for a long time, to bring statute up to date with case law and also to narrow the discretion so divorcing couples have greater clarity about the outcome of their case. Furthermore, society has changed significantly in the last 50 years and so many would say that reforms are long overdue. It can also be argued that case law has helped to keep pace with changes in society and there is no need to change the law.
What the scoping report says
The scoping report concludes the current law requires reform, although they place the burden on the Government to decide what shape the reform should take. They set out four models for possible future reform:
- Codification: this involves minimal change to the existing law and is the simplest model of reform. Concepts which have developed through case are codified in statute. This should make the law more accessible, as the law would be set out in one statute, rather than contained in different case law. The court would retain a wide discretion and therefore this model does little to increase certainty.
- Codification-plus: this is a step-up from the codification model. The current law is codified and there could be additional reforms to deal with specific areas of law which are not yet settled (see below). The court still retains discretion but limitations on discretion may be introduced in relation to areas of reform.
- Guided discretion: Introduction of a set of underpinning principles and objectives which guide the exercise of the court’s discretion. This reform would go beyond the changes to the existing law contained in the statute.
- Default Regime: this would create a matrimonial property regime. This means when couples get married they will know how property will be divided on divorce. This provides a high level of certainty and reduces the courts discretion. Default regimes are common in some European countries.

Areas of law which are not yet settled
There have been calls for reform in a number of areas of law including the following:
Nuptial agreements
The current law means nuptial agreements are not yet legally binding in England Wales. The Law Commission’s 2014 Report on Matrimonial Property, Needs and Agreements, recommended couples should be able to enter into binding nuptial agreements, albeit parties should not be able to contract out of providing for financial needs. The government has yet to take these recommendations forward.
Spousal maintenance
The current law states that a court should consider whether it would be appropriate for spousal maintenance payments to be made in order to enable the other spouse to adjust to financial independence without undue hardship. Some commentators suggest spousal maintenance should be limited to 5 years, save in cases of serious financial hardship. However, there are concerns this could leave spouses vulnerable.
Conduct
There is no statutory definition of conduct. The current case law suggests personal misconduct will only be relevant where it is “gross and obvious”. Concerns have been raised that conduct does not recognise domestic abuse as conduct sufficiently. Reform could therefore define what forms of behaviour will be considered conduct, the impact this will have on the case and procedure.
Making financial remedies orders for children aged 18 and over
Currently child maintenance paid through the Child Maintenance Service ends upon the child reaching the end of secondary education or training. The statute provides financial support for children will generally cease when they reach 18 years, although there are limited powers to make provision for a child beyond this age. Society has changed and many parents still provide support to their children beyond the age of 18. There are therefore calls to reform the law, to bring it in line with the societal norms, possibly to the age of 21.
Pensions
The Fair Shares report found 24% of divorcing individuals didn’t know their spouse had a pension. Pensions can be extremely valuable and it is important they are factored into the overall financial settlement. It is common for divorcing couples to offset against a pension, i.e. one party receives a greater share in a pension and the other party a greater share of other assets. Concerns have been raised that this results in unfairness and issues for long-term financial wellbeing.
If the government is updating the law, they may consider taking the opportunity to reform the area of laws considered above.
Conclusion
Although the scoping report recommends reform, it does not propose a method for reform and instead places the burden on the government to decide what should happen. The current system based on statute and case law gives Judges a wide discretion to reach a fair outcome. Any reforms will need to carefully ensure fairness can still be achieved, whilst also providing divorcing couples greater certainty. The government have six months to provide an interim response and a year to provide a full response. Time will tell what the government’s proposals will be!
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A contentious issue for many parents is what school their child attends and it is unsurprising that upon divorce this can be one of the key issues. For parents with children at private school the issue of whether school fees should continue to be paid and, if so, by who is often a hotly contested issue, especially given the recent increase in school fees now VAT at 20% is payable from 1 January 2025.
Often parents primary concern is ensuring stability for their child during the separation, and remaining at the same school is advantageous. The difficulty is you are trying to create two households now and the financial pressure on the family often increases.
What did the budget say?

Rachel Reeves confirmed in the budget on 30 October 2024 “the government will introduce 20% VAT on education and boarding services provided for a charge by private schools from 1 January 2025.” As a result, school fees will be even more expensive and disputes regarding the affordability of them likely to be on the rise.
How should I approach the payment of private school fees with my ex
If possible, it is always preferable for separated couples to agree a financial settlement themselves, either through negotiation (directly or with the assistance of solicitors) and/or mediation. This can be quicker and cheaper than going to court. If your child (or children) are old enough, you may wish to consider child-inclusive mediation. This would provide the children with the opportunity to attend mediation to express their own views on their schooling, and how any changes, either to fee- or nonfee-paying education, might affect them. Whilst their comments and views would not be binding on the parents following those discussions, it can be a powerful indicator to parents as to their children’s wishes and feelings in the context of the matter as a whole, which can sometimes crack the case one way or another.
If you are unable to reach an agreement you may wish to explore other out of court options, such as arbitration. Failing this the court has the power to make orders in respect of school fees.
Can school fees be considered in a divorce financial settlement?

Continuity in schooling is important for children, especially if they are in key exam years, and a court is likely to accept that. However, they are considered in the realm of the overall financial landscape and if they cannot be afforded the court may not grant a school fees order.
The courts will consider all the factors under section 25 of the Matrimonial Causes Act 1973 when deciding the outcome in a financial remedy application. This includes the resource available to both parties (including capital and income) and the needs of each party, including any dependent children. Each case will considered on its own facts and whether or not private school fees can be considered a “need” will be considered in the realm of all the circumstances of your case. If there are sufficient financial resources available the court will consider how your child is currently or was expected to be educated in making a decision.
A school fees order can be made as part of the wider financial settlement. A school fees order should cover who pays the school fees, how they will be paid (from capital or income) and how long they should be paid. You should also consider “extras” to school fees including uniform, activities etc. and who should be responsible for paying these.
For parents who already have a final financial order that includes payment of school fees, the imposition of VAT on private school fees could lead to them no longer being affordable. Time will tell if disputes over payment of private school fees will end up before the court, both in circumstances where parents are trying to reach an agreement on divorce now and also where a final order has already been made.
If you require advice on paying school fees following a divorce, please do not hesitate to contact us.
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Speaking exclusively to the Mirror about the likelihood of the footballer’s childhood sweetheart walking away with £13.5m, Kelly Edwards, managing partner of Edwards Family Law, said: “It’s very likely – the starting point in English law is that you share equally what has been made during the marriage, this includes cohabitation and so the fact they were childhood sweethearts (and presumably living together for quite a significant period) means she is entitled to share in those assets.”
Read the full article Here
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Divorce can be a turbulent and highly emotive process for anyone, and it is especially so when dealing with a partner who exhibits narcissistic patterns of behaviour. The term “narcissist” is commonly used in society but what does it really mean. There is a saying that all psychopaths are narcissists but not all narcissists are psychopaths. For anyone who has been in a relationship with a narcissist and is attempting to divorce them, this fact may seem a small mercy. Unfortunately, many successful people have significant narcissistic traits, therefore, we often deal with spouses in high-net-worth (HNW) and international divorces who are trying to escape a narcissist.
The term narcissist is used a great deal these days. However, someone with Narcissistic Personality Disorder (NPD) is very different from a person who enjoys posting selfies. Often charming and personable in public (including the courtroom), someone with NPD can be controlling, superficial, manipulative, and downright dangerous. Although the UK family law system is geared towards encouraging couples to work out financial settlements and arrangements for children between themselves or through mediation rather than going to Court, a narcissist will thrive on dragging out proceedings as long as possible. Furthermore, someone with NPD is unlikely to ever admit they did anything wrong and will blame you for the relationship breaking down, meaning reaching an agreement outside of Court extremely difficult, if not impossible.
To stay strong and sane, you need to instruct an experienced, tough solicitor who will refuse to engage with your spouse’s gameplaying and will tenaciously fight to ensure you and your children’s best interests are protected.
What is Narcissistic Personality Disorder?

NPD is a recognised mental illness. According to the Diagnostic and Statistical Manual of Mental Disorders (DSM), a guidebook used by mental health professionals, people with NPD have five or more of the below traits:
- A grandiose sense of self-importance
- Preoccupation with fantasies of unlimited success, power, brilliance, beauty, or ideal love
- A belief that one is special and can only be understood by or associate with special people or institutions
- A need for excessive admiration
- A sense of entitlement (to special treatment)
- Exploitation of others
- A lack of empathy
- Envy of others or the belief that one is the object of envy
- Arrogant, haughty behaviour, or attitudes
NPD will usually cause problems in everyday life, such as relationships and work. Identifying narcissistic traits isn’t always straightforward and for some it is only when they leave a relationship with a narcissist, they realise their ex had these traits. The impact NPD has had on them then truly comes to light.
Like all mental health issues, narcissism is a spectrum. People such as Bill Gates, Kayne West, Donald Trump, and Mariah Carey have all been accused of displaying narcissistic traits which may make them difficult to be married to. However, this does not necessarily mean they have full-blown NPD. Regardless, navigating a relationship with a narcissist can be extremely challenging and this is only heightened when legal issues are involved, such as divorce and child arrangements. Characteristics a narcissist may exhibit during legal issues are:
- The need to have total power and control;
- Unwilling to compromise;
- Always trying to “win”;
- Minimising their previous behaviour;
- Delaying or obfuscating the process; and
- Lack of empathy.
Negotiating financial settlements

It can be extremely difficult to negotiate the terms of a financial settlement with someone with NPD. Many lack empathy and are unable to put themselves in someone else’s shoes and consider their needs. Furthermore, many narcissists use the divorce process to try and manipulate and control the situation. Although family law solicitors, especially those who are members of Resolution, try to help couples settle without going to Court, such an aim is often nearly impossible if one party is a narcissist.
It can often be extremely frustrating trying to reach an agreement with a narcissist and you may think it is simply easier to let them have what they want in terms of the financial settlement so you and your children can get out of the situation and find some peace. A narcissist will often try and use financial tactics to leverage control, for example hiding assets, providing inadequate financial disclosure or attempting to prolong the matter. Rather than jeopardise your right to a fair financial settlement, it is possible to put in place safeguards to protect you, such as having all communications regarding your divorce go through your solicitor. A solicitor experienced in HNW divorce will undoubtedly have come across narcissists many times and will have the emotional detachment and the strategies to sort out the financial settlement efficiently and effectively, regardless of any game-playing by your spouse.
Arrangements for children
Studies show that growing up with a narcissistic parent is incredibly damaging for a child and narcissistic parents can be emotionally distant, self-centred, neglectful and in some cases even abusive. Although narcissists are primarily focused on themselves, they may not hesitate to fight for your children to primarily reside with them in order to exert control or hurt you, and may make false accusations to bolster their narrative, such as alleging parental alienation.
Co-parenting with a narcissist can be extremely difficult and it is important to put in place safeguards to protect both you and your children. This can include putting in place firm boundaries and communicating only through written means, for example through an app where tone of correspondence can be monitored.
At Edwards Family Law we are well versed in such tactics and will, if required, organise for expert witness reports setting out the impact of the narcissistic parent’s behaviour on your children, especially if it tips over into abuse in terms of coercive and controlling behaviour.
In summary
Divorcing a narcissist is difficult for everyone involved. More than ever, it is vital that you instruct a solicitor who is not only experienced in HNW divorce but also in managing cases where one spouse exhibits narcissistic traits.
If you recognise these patterns please contact us so we can guide you through the process and protect you through this extremely difficult period of your life.
“You will never get the truth out of a Narcissist. The closest you will ever come is a story that either makes them the victim or the hero, but never the villain.”
― Shannon L. Alder -
If the parents of a child are married, both parents have the power and duty to register a birth and give the child a name. If they are not married, only the mother has the power and duty to do so. It is therefore easy to see how issues can arise during the birth registration process. Issues can also arise several years later. For example, the parents of a child who was given the father’s surname, might separate and the mother now wants their child to be known by her surname (or the surname to be double barrelled). Equally, there are fathers who were not consulted and who would like the child’s surname to be changed.
To change a child’s name, you need either the agreement of all persons with parental responsibility or a Specific Issue Order. Applications are made under s.8 Children Act 1989 and must address any relevant welfare concerns under section 1 of the Children Act 1989 (the “welfare checklist”).
By agreement
If the parents are agreed, the government has recently updated the forms that need to be completed to change the child’s name by deed poll. You can access the relevant forms here.
You can change any part of the child’s name, add or remove hyphens and change the spelling. You cannot change their title (e.g. Master or Miss) and you cannot change any capitalisations of the letters in their name. You must complete forms LOC022, LOC023, LOC024 and LOC026. The cost is £49.32.
If the child is adopted, you can change the child’s name during the adoption process.
If there is no agreement

The parent who wants to change the child’s name, must issue an application for a Specific Issue Order.
A legal case in 1999 set out the background and framework for judges to consider when deciding whether a child’s name should be changed. These are:
(a) If parents are married, they both have the power and the duty to register their child’s names.
(b) If they are not married, the mother has the sole duty and power to do so.
(c) After registration of the child’s names, the grant of a residence order (now known as a ‘lives with order’) means any person wishing to change the surname must obtain the permission of the court or the written consent of all those who have parental responsibility for the child.
(d) In the absence of a Lives with Order, the person wishing to change the surname from the registered name should obtain the relevant written consent or the permissionof the court by making an application for a Specific Issue Order.
(e) The welfare of the child is paramount and the judge must have regard to the s 1(3) [of the Children Act 189] criteria [the welfare checklist].
(f) The factors which the court should consider are the registered surname of the child and the reasons for the registration e.g. recognition of the biological link with the child’s father. Registration is always a relevant and an important consideration, but it is not the only thing the court will consider. Other relevant factors will be considered.
(g) Factors to consider includes factors which may arise in the future as well as currently.
(h) Changing the child’s surname because it is not the same as the parent making the application to change it will not usual be successful.
(i) The reasons for an earlier one-sided decision to change a child’s name may be relevant.
(j) Any changes of circumstances of the child since the original registration may be relevant.
(k) In the case of a child whose parents were married to each other, the fact of the marriage is important. There would have to be strong reasons to change the name from the father’s surname if the child was registered with his surname.
(l) If the parents were not married, the mother has control over registration. Therefore, the degree of commitment from the father to the child, the quality of contact (if it occurs) between father and child, the existence or absence of parental responsibility are all relevant factors to take into account by the court.

Each case will be decided on its own facts and the ‘welfare checklist’ will be the court’s main consideration. Unless there are special circumstances, the courts are in support of the idea that a child’s name should reflect both their maternal and paternal heritage. In a 2002 legal case, the judge said that a child’s surname is of ‘particular significance’ because it ‘denotes the family to which the child belongs’. In another case in 2001, the judge said, “…parents and courts should be much more prepared to contemplate the use of both surnames in an appropriate case, because that is to recognise the importance of both parents”. There have, of course, been many more cases since these in the early two thousands, but these general principles continue to be applied by the courts now and we are unlikely to see a change in this trend.
In Practice
Whilst case law favours the recognition of both parents when deciding on a child’s surname, this will not be appropriate in every case and certainly it will be easier to change a younger child’s name than a child who has more awareness and understanding of their name and its significance. The overall outcome will depend on which judge (or magistrate) is hearing the case and, of course, the specific circumstances of each case. It is therefore very difficult to advise clients on the likely outcome. The expense and uncertainty are inevitably off-putting, but it is the only way to change a child’s name if the parents cannot agree. Before issuing a court application, the court will want to know that the parents have first attempted to resolve the disagreement via mediation. Mediation, if successful, will likely resolve the issue more quickly and at less expense.
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Are you supposed to be receiving child maintenance but the paying parent has moved abroad? Or are you being pursued for child maintenance, having moved abroad, and think that the amount is wrong or needs to be revised? If so, you will want to understand how REMO can help you.
REMO stands for Reciprocal Enforcement of Maintenance Orders and it is essentially an international agreement between countries to help recover or make changes to child maintenance from parents who live in different countries.
REMO can help parents living in England or Wales (when the other parent has moved abroad) and if a parent is living abroad (and the paying parent lives in England or Wales). This is on the strict basis that both countries are participating REMO countries.
Before beginning the REMO process you must first ensure that you have a child maintenance order (or equivalent) that you can enforce. In England or Wales this will involve making an application under Schedule 1 of the Children Act 1989 (via Form A) for an order specifying how much child maintenance the other parent should pay. You can make this application and obtain the court order even if the other parent does not engage with the court proceedings. It is important to take this step first because without it you have no order to enforce via the REMO system. A calculation from the Child Maintenance Service will not suffice. You must have a court order.
The aim of the REMO system is for reciprocating countries to enforce the child maintenance order you have as if a court in that country had made the order itself. It sounds straightforward but the REMO system can be complex and slow.
Once you have a court order (confirming the amount of child maintenance to be paid), the first stage in the REMO process is to find out where the ‘Central Authority’ is in the country where you live. All applications must go through this Central Authority. The Central Authority in England is at: The Reciprocal Enforcement of Maintenance Orders Unit (REMO), Victory House, 30-34 Kingsway, London, WC2B 6EX. You can find the list of reciprocating countries and their Central Authority addresses here: https://www.hcch.net/en/states/authorities
Once you know where your Central Authority is, you need to make an application for ‘registration and enforcement of your order’. The precise form and details you need to provide will vary from country to country.
Your application will need to be supported by documentation i.e. your original court order and details of any steps you have taken to try to obtain payment from the paying parent directly. It will also be helpful for the application to include details of where you think the paying parent lives and works. The more information the better. If any of your documents are not in the language of the court who will be asked to deal with enforcing the decision, you will need to obtain a translation.
Registering and applying to enforce your order is a very important step that must be done correctly. If it is not, the court will not have the power to obtain payment from the other parent. You can make the application yourself in England or Wales (with the assistance of REMO) but you may want to consider instructing a specialist family solicitor to ensure this is done correctly.
Your Central Authority is likely to require you to obtain a ‘Statement of Enforceability’ from the court that made the original order to send with the application. So, contact the court as early as possible about this. You may need to attend in person before a judge to obtain this documentation. Again, you may prefer to instruct a specialist family solicitor to assist with this.
You do not have to use a lawyer to access the REMO system, but the application process can be complex and confusing. Even if you do not instruct a lawyer to assist you with the application, it is advisable to instruct a specialist lawyer in the country where the court will hear your application (where the paying parent lives) to ensure that you are best represented at any court hearings.
Once your court order has been registered in the reciprocating REMO country (this can take many months), you can proceed as if that country made the order in the first place i.e. apply to enforce it.
The REMO process also allows for the original court order to be modified or reconsidered in certain circumstances i.e. the amount due to be paid can be changed by the foreign court dealing with it. This is useful if you find yourself on the receiving end of a REMO application.
In England or Wales, an application to enforce a family court order and deal with any arrears is likely to involve 3 separate court hearings. The first two will be preliminary ‘directions’ hearings at which the court determines what further evidence is needed from the parties – for example disclosure of P60s, tax returns or witness statements. The last hearing is a Final Hearing – at which you may need to give evidence in the witness box. At the end of the Final Hearing a judge will determine whether money is owed and, if so, how much. The court may also use its powers to ensure payment is made. For example, in England and Wales the court has the power to put a charge on someone’s property or make an ‘attachment of earnings order’ (where the court can obtain payment directly from someone’s employer). The power the court has to obtain funds for you will depend on which country is dealing with your REMO application.
If you are successful in enforcing your court order and you incurred legal costs in doing so, it would be advisable to request a cost order against the other parent. Whether you can obtain a cost order at the end of a REMO case will depend on the specific rules of the country enforcing the order and the specific circumstances of your case, but it is always something to request.
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You may have heard of a pre-nuptial agreement, or “pre-nup”, but you might not have heard of a post-nuptial agreementor “post-nup”. These agreements seek to do the same thing that a pre-nup does – to agree the financial outcome of any future divorce between you and your spouse – but the difference is that the agreement is entered into after marriage rather than before it.
A post-nuptial agreement has the same legal effect as a pre-nuptial agreement: provided that it has been done properly (both parties have had independent legal advice, they are entering into it freely, and are fully aware of its implications), and it would not be unduly unfair to apply its terms at the time of divorce, then it will be upheld in the event of any future divorce. The court tend to give them more weight than a pre-nup because the fact they have been entered into demonstrates an even clearer intention to be held to it (i.e. there is no impending wedding day which does place pressure on parties to sign pre-nups)
Some post-nuptial agreements are entered into very soon after the marriage, because the couple had been engaged in discussions regarding a pre-nup but had not managed to sign the pre-nup before the wedding. If a pre-nup is signed very close in time to the wedding, it is best practice to reinforce and confirm the parties’ agreement with a brief post-nup in exactly the same terms, so that neither party can claim later that the pre-nup should not be relied upon due to it being signed late.
If you already have a pre-nup, you might choose to review the terms of your pre-nup years into the marriage, and your revised agreement would be a post-nuptial agreement. A review might be conducted to ensure that the terms of your pre-nup are still appropriate and fair, in the context of your married life now. If your financial or personal circumstances change considerably, for example you have moved country, or your health or your children’s health has become a factor to consider, you should take legal advice to “sense-check” the terms of your pre-nup.

Many couples enter into a post-nuptial agreement without ever having had a pre-nup. Scenarios in which a post-nup might be the best approach include:
- you are due to receive a large inheritance or gift, and you want to make sure that it would remain ring-fenced in the event of your divorce in future;
- you have set up a business during the marriage, or a business that you already owned prior to the marriage has increased significantly in value, and you do not want the future and continuity of that business to be affected by any divorce;
- you are about to buy a property, and you and your spouse are contributing unevenly to its purchase price, and you wish to record that in a divorce your respective interests in that property would be reflective of your contributions rather than 50% each; or
- you are being named as the beneficiary of a trust, or you intend to set up a trust, and you want to be clear about how that trust (or your beneficial interest in that trust) should be treated in the event of a divorce.
The only difficulty with post-nuptial agreements is that there can be limited incentive for the financially weaker party to enter into them. Therefore their negotiation needs to be handled sensitively. Of course, in order for the post-nup to be fair at the time of the divorce, and therefore for it to be upheld, it will need to ensure that the fundamental financial needs of the financially weaker party are met. You can therefore assure your spouse that the agreement will not leave them “high and dry” and instead it is being entered into for a specific reason. Your lawyers can guide you through how best to discuss the post-nup with your spouse and will ensure that the messaging between solicitors aligns with that.
- you are due to receive a large inheritance or gift, and you want to make sure that it would remain ring-fenced in the event of your divorce in future;
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A consent order is a court order (agreed by consent) that details the financial agreement reached between you and your spouse on divorce. You and your spouse agree the terms between you, usually with the help of your lawyers. This is then sent to court and reviewed by a judge. If the judge is satisfied that the terms of the agreement are fair and reasonable then they approve it; it is then a binding and enforceable court order.
It is common practice to finalise a consent order and have it approved by the court before you finalise the divorce itself. This is because there are certain benefits to you remaining as someone’s spouse until the consent order is finalised i.e. receiving pension rights or property if your spouse were to die.
If you finalise your divorce but you do not have a consent order, the financial claims you can each make against the other (as a result of having been married) remain active. So, even though you are divorced (i.e. the court granting a Decree Absolute or Final Order) it is still possible for you (or your ex-spouse) to make financial claims against the other until this is terminated by the formalities of a consent order.
The recent judgment in HAT v LAT [2023] EWFC 162 illustrates the pitfalls of not finalising a consent order. In this case, the husband and wife married in 1984 and divorced in 1993. They had been divorced for over 25 years when the wife issued an application for spousal maintenance and payment of her legal fees.
The parties had a high standard of living during their marriage and did not have any children. The husband had a successful career and had founded a company in the 1990s that was subsequently sold for £314 million. In 1994, the parties entered into a Deed of Separation (which purported to conclude all financial matters). The agreement was that the husband would pay the wife £702,000 and that there would be a ‘clean break’ i.e. no maintenance paid. Whilst the husband recalled the agreement being drawn up into a consent order, he had no evidence of this. The court therefore had to proceed on the basis no consent order existed. In those circumstances, the wife was entitled to make her application for maintenance.
Despite the payment of £702,000 and the terms of the Deed of Separation, the husband also provided a loan of £2.1 million to the wife in 2009 to help her buy a property in London. The husband also provided other financial support to the wife over the course of the next 10 years – paying for utilities, a car, educational courses, BUPA cover and a monthly allowance.
In 2022, the husband told the wife he would cease all payments and that the London property should be sold. He reduced the monthly allowance considerably and then eventually stopped paying all together. The husband’s position was that the wife should be held to the terms of the Deed of Separation and receive no further financial provision.
The judgment was only an interim decision (meaning the final outcome of the case is still to be determined). However, in was made clear that whilst it was highly unusual for a claim to be made so long after the divorce (29 years in this case), this was mitigated by the Deed of Separation and that the husband had continued to provide financial support to the wife after their divorce. The judge ultimately concluded that a delay of this length was not a bar to making a claim and it would not automatically prevent an application for financial relief. It would, however, be a factor the court takes into consideration.
Whilst the facts of this case are quite unusual, the judgment highlights that until financial claims are extinguished by a court order then it remains possible to makes claims against an ex-spouse irrespective of how long you have been divorced. It is therefore common sense to have a consent order drawn up in every case to protect yourself from claims many years down the line.
If you are divorced and do not have a consent order or need some advice about how to put one in place contact our family law specialists for a free 45-minute consultation.
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Associate Solicitor, Kate Pooler writes for ThoughtLeaders4 Private Client, where she discusses Pensions in International Divorce and What to Look Our For.
This article was first published by ThoughtLeaders4 – Private Client.
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What happens when the magical once upon a time, does not end happily ever after?
Before the Family Law Act 1981 came into effect, the happy announcement of an engagement was considered to be a legally binding contract. If the engagement was called off without any lawful justification, the person responsible for withdrawing could be sued for damages for breach of promise.
Whilst this is no longer the law, there are still many issues resulting from the breakdown of such a relationship. It is important to note that whilst engaged couples do not enjoy the same rights as married couples, even though the concerns and issues resulting from the fallout can be similar, they are afforded some unique enhanced protection, as simply compared to cohabiting couples.
Who keeps the ring?

The law is clear on who keeps the ring. S3(2) of the Law Reform (Miscellaneous Provisions) Act 1970, confirms that an engagement ring should be regarded as an absolute gift, unless there is clear evidence to show that it was agreed to be returned in the event of the relationship ending.
If the ring is a treasured family heirloom, a court may be more likely to be persuaded that there was an implied intention that it be returned if the relationship ended, but this is by no means guaranteed. Therefore, it is always prudent to record this in writing at the outset, however unromantic it may seem.
Engagement gifts from third parties
There is a presumption that any gifts provided to the happily engaged couple are gifted jointly, absent any evidence to the contrary. In circumstances where the couple unfortunately don’t make it down the aisle, it is unlikely that they will have friends and family banging on their door demanding the return of an air fryer or decorative throw for what was to be the new family home. However, there may be circumstances where family members have gifted substantial financial contributions towards proposed renovations to the new home, or perhaps indeed towards a deposit for a new home. In such a situation, that third party may be able to seek financial remedy through the court.
Costs associated with the wedding
Depending on how advanced wedding plans were and how close the couple were to the big day, in many cases it is likely that significant sums may have been incurred. The wedding venue, the catering, the photographer/videographer, the band, the dress, the makeup artist, the suits, the cake, the honeymoon; the list goes on and it certainly all adds up.
For a couple who have met each of these expenses jointly, their only likely recourse is to read the fine print of the contracts with the various suppliers to assess whether there is any chance of a percentage refund of the costs already incurred.
In circumstances where one party has footed the majority of the deposits and bills, the paying party may struggle to recover the sums incurred from the other aggrieved party, especially in the absence of any clearly documented agreement. The same applies in more traditional settings where the bride’s family may have paid for various expenses towards the wedding and are now seeking compensation from the groom’s side.
What happens to the house we have bought together?

There is no such thing as a “common law marriage”. Whether the couple have been together for five months, five years or fifty years.
Unmarried couples often rely on the Trusts of Land and Appointment of Trustees Act 1996 (“TOLATA”) should any property dispute arise. This allows a person with a potential beneficial interest in a property to have the nature and extent of their interest assessed and determined by a court, which may result in a number of orders, including an order for sale. TOLATA proceedings can be both time consuming and costly and largely turn on the veracity of the evidence provided by the parties.
Importantly, whilst engaged couples do not enjoy the same legal protections as married couples, many are not aware that they do have some enhanced protection as compared to non-engaged cohabiting couples:
- S37 of the Matrimonial Proceedings and Property Act 1970
A formerly engaged party may make a claim for an interest in a property where there has been:
- a contribution in money or money’s worth (i.e. paying a builder or undertaking such work yourself);
- to the improvement of a “substantial nature” to real or personal property;
- provided such contribution can be seen to have enlarged both parties’ shares.
However, this claim would be subject to any agreement advanced by the other to the contrary, either express or implied.
- The Law Reform (Miscellaneous Provisions) Act 1970 and the Married Women’s Property Act 1882
Most of The Married Women’s Property Act has been repealed. However, S2(2) of the Law Reform (Miscellaneous Provisions) Act 1970 affirms the application of S17 of the Married Women’s Property Act 1882 to formally engaged couples, providing declaratory relief for ownership of property and personal possessions (such as cars, jewellery etc). Crucially, any claim must also be brought within three years of the engagement ending.
Protection and prevention
Where engaged couples own significant assets together or gifts have been made in the anticipation of the future happy couples’ big day, they may consider it sensible to enter into a pre-nuptial agreement. Whilst many liken pre-nuptial agreements as an insurance policy for divorce, the agreement may also make provision for what will happen to such property and gifts, as well as wedding expenses, should the wedding not go ahead.
Similarly, if the couple envisage a longer engagement period, they may consider entering into a cohabitation agreement; again, to record how the assets will be dealt with both during the relationship and, more importantly, upon any breakdown of the relationship.
In the merriment of a new engagement and the excitement of wedding planning, unromantic practicalities are usually, understandably, not at the top of the priority list. However, where there are assets to protect, prevention is always better than cure.
https://thoughtleaders4.com/images/uploads/news/TL4_HNW_Divorce_Issue_16_-_February_2024.pdf
Sarah Hogarth
Senior Associate at Edwards Family Law -
When a couple is getting divorced and dealing with how to separate their finances, who receive the bonus, or even a share of it, can often create problems. Naturally, the party due to receive the bonus may seek to ‘ringfence’ the award, while the opposing party will argue that it should be part of the overall matrimonial pot and be distributed accordingly.
Issues such as this, which frequently occur and cause arguments, invariably produce a litany of case law, which needs to be considered by both legal advisors and the court in determining a fair financial outcome. To ascertain whether a spouse will be eligible for any degree of a parties’ bonus post separation, one must first explore the law in relation to bonuses received during the marriage.
During marriage
Generally, bonuses awarded while the parties are together are considered matrimonial assets. These are assets acquired during the marriage, or during the period of cohabitation before marriage. Upon reaching a financial settlement, the starting point for a division of the matrimonial assets is a 50/50 split. This can be altered based on each parties’ respective needs. For example, a party who is the primary carer of the children in the marriage, and who possibly has a lower earning capacity, would likely have a greater entitlement to capital from the matrimonial assets if their ‘need’ warranted such a claim. This would include any bonuses accumulated during the marriage.
Post marriage
The situation in relation to bonuses which are obtained post separation is less cut and dry, and usually depends on the circumstances of each case. For example, if there is a maintenance order in favour of the party earning less, it is possible for this individual to be awarded a portion of the payer’s future bonuses. This was explored in the case of H v W [2013] EWHC 4105 where it was originally determined that a wife was to receive maintenance of £3,750 per month plus 25% of the husband’s net annual bonus for the rest of their lives. Given his bonusses were typically circa £250,000, this was not an insignificant amount. Upon appeal, this was drastically reduced and capped at £20,000 per year, although the judge still held that it was necessary for the husband to share his bonus, in order to meet the wife’s future income needs in a fair and proportionate way.

Nevertheless, this case is now over 10 years old. I In recent years courts have taken a less generous approach to sharing bonuses post separation. For example, in the case of Waggot v Waggot [2018] EWCA Civ 727, , the wife’s attempt to have 35% of the husband’s net bonuses for a limited period was rejected. During this case, Lord Justice Moylan stated that, ‘Any extension of the sharing principle to post-separation earnings would fundamentally undermine the court’s ability to effect a clean break.’ The court being required to try and achieve this in every case, if it can.
In such cases, all bonuses received after a clean break would remain with the spouse receiving the bonus and subsequently, they are not to be shared. This is only relevant to circumstances where there is no spousal maintenance. If such an order is necessary, then bonuses can be used to meet future financial needs, as illustrated above in H v W [2013] EWCH 4105.
Perhaps the most difficult issue to determine when deciding to share bonuses is the timing of when they have been received. During a clean break case, if a party receives a bonus post separation, they may be entitled to believe that it ought not to be shared. However, as the case of O’Dwyer v O’Dwyer [2019] EWCH 1838 demonstrates, if a bonus is earned during the marriage but not paid out until after the marriage has ended, then there is every reason to treat it as matrimonial property in its truest sense. Again, in the case of Rossi v Rossi [2006] EWCH 1482, MrJustice Mostyn suggested that he ‘would not allow a post-separation bonus to be classed as non-matrimonial unless it related to a period which commenced at least 12 months after the separation’. This would seemingly give risk to the party receiving the bonus that it may still be added to the matrimonial pot, even if earned up to a year following separation.
It is therefore important that a party take legal advice, if they believe that they are either entitled to receive a bonus during their separation, or that their partner is. Here at Edwards Family Law, we are best place to guide you through your potential options and advise you in relation to an outcome which best protects your interests, either in relation to bonuses specifically, or in the broader context of your financial circumstances on divorce.

