Sarah O'Sullivan, Author at Tees Law

NFU confirms appointment of its legal panel firms in East Anglia

Posted on 10 October 202230 March 2025 by Sarah O'Sullivan

The NFU has confirmed the outcome of its 2022 review of legal panel firms, with two firms reappointed to the panel in East Anglia.

Tees and HCR Hewitsons have been reappointed after a review that assessed the firms’ legal services, engagement with the organisation and its members, as well as feedback from NFU members and staff.

NFU director of policy Andrew Clark said: “The legal panel is an important feature of the NFU’s legal services offering to our members and I am delighted to confirm the reappointments.

“The NFU’s panel firms are committed to supporting NFU members and have clearly strengthened their agricultural and rural teams over the past few years. Their broad expertise is highly valued by our in-house legal team and NFU members.”

Tees has been reappointed to help members farming in Essex, Hertfordshire and Suffolk. Partner Caroline Metcalf said: “We are pleased to have been selected to be on the NFU legal panel again. Being selected really demonstrates Tees’ depth of legal knowledge and expertise in agricultural and rural issues.”

The firms appointed to the legal panel offer a comprehensive legal service encompassing all areas of law relevant to farming and growing, including succession planning, diversification, renewable energy, dispute resolution, planning, probate, family and conveyancing. In the latest financial year, the panel offered a total discount of over £500,000 to NFU members.

NFU legal board chair Nick Hamer said: “The aftermath of Brexit and the Covid-19 pandemic created several challenges for farming and growing businesses”

“We are entering a period of transition for the industry and this undoubtedly puts the legal panel in high demand, providing expert advice to NFU members on a wide range of legal matters.”

BBC News – Peterborough City Hospital: Ex-doctor warned over treatment withdrawal

Posted on 28 August 202230 March 2025 by Sarah O'Sullivan

Dr Andrew Gregg worked at Peterborough City Hospital, where 41-year-old Simon Scott died in January 2016. A misconduct panel found Dr Gregg “failed to adequately consult with any clinical colleagues regarding [the] decision to withdraw active treatment”.

Speaking on behalf of Mr Scott’s family, Tim Deeming from Tees Law said: “They are incredibly disappointed by the outcome and hope that the coroner’s inquest in due course will be a full, frank and fearless investigation into all of the circumstances.”

Read the full article; Peterborough City Hospital: Ex-doctor warned over treatment withdrawal.

Can schools ban sausage rolls? Understanding healthy eating policies in schools

Posted on 5 August 202226 May 2025 by Sarah O'Sullivan

A primary school in Bradford found itself under fire from some parents who have called the school’s new healthy eating policy “ridiculous.”

The school banned items such as sausage rolls, pork pies and squash from packed lunch boxes in a bid to encourage healthy living at an early age. The policy is a whole school policy impacting on all pupils who attend. But it does raise the question, can schools really dictate what children eat during the day?

Tees’ Polly Kerr is an education lawyer advising parents on education matters such as: exclusions, appeals, special education needs and education health and care plans. In this article, Polly explains more about lunchbox rules.

In January 2015, the government introduced a new set of rules and regulations, which governed the type of foods that schools could provide to pupils during the school day and it became the responsibility of the school to ensure that they met (and continue to meet) the School Food Standards practical guide updated May 22. These include the following:

1 or more portions of vegetables or salad as an accompaniment every day
at least 3 different fruits, and 3 different vegetables each week
an emphasis on wholegrain foods in place of refined carbohydrates
an emphasis on making water the drink of choice:
limiting fruit juice portions to 150mls
restricting the amount of added sugars or honey in other drinks to 5%
no more than 2 portions a week of food that has been deep fried, batter coated, or breadcrumb coated
no more than 2 portions of food which include pastry each week

Interestingly the School Food Standards regulations do not apply to academies established between September 2010 and June 2014 but it is recommended that they be used as a guide and adopted voluntarily by these schools.

There are some exceptions to these rules, such as parties or celebrations, fund-raising events, rewards for achievement or good behaviour, food used for teaching food preparation or cookery skills and on an occasional basis by parents or pupils. So the odd chocolate bar for celebrating a classmate’s birthday is not prohibited by the regulations.

Schools in England must also provide free drinking water to all pupils at all times whilst they are in school and are prohibited from selling drinks with added sugar, chocolate or sweets in vending machines.

Whilst the government have tightened the rules around food supplied by a school in a bid to make children healthier, packed lunches brought in from home are not caught by the regulations.

However, schools are allowed to set their own policies regarding the types of food consumed on their premises during the school day and, provided that the policies implemented by the schools do not breach the school’s obligations under the Equality Act 2010 or any other relevant legislation, schools are free to determine what their pupils bring to school to eat during the day and, if their policies allow, to confiscate or challenge the inclusion of prohibited items within packed lunches.

This article was originally published in November 2017 in Salad Days (http://www.saladdaysmag.uk/).

To check if your child can get free school meals in England and apply to your local authority website – visit Gov.uk

Ideas for your child’s packed lunch:

NHS guidance – Healthier lunchbox recipes
BBC good food – School packed lunch inspiration

Divorce financial settlements: Your comprehensive guide

Posted on 18 July 202225 June 2025 by Sarah O'Sullivan

Navigating the financial aspects of a divorce can be overwhelming. One of the most important steps is reaching a fair financial settlement, ensuring both parties can move forward independently. While every divorce is unique, this guide outlines how settlements are typically decided, the factors that influence them, and how you can protect your financial future.

What is a divorce financial settlement?

A divorce financial settlement is an agreement between you and your spouse on how to divide your assets, debts, and finances after separation. Once approved by a court through a consent order, it becomes legally binding, preventing future claims.

How to achieve a fair financial dettlement

Step 1: List and value your assets

Create a comprehensive list of all your assets and debts. This may include:

Property: Family homes, rental properties, and vacation homes
Savings and investments: Bank accounts, pensions, stocks, and shares
Personal belongings: Vehicles, jewelry, and artwork
Business interests: Companies, partnerships, or self-employment assets
Debts: Mortgages, loans, credit card balances

Step 2: Consider mediation or legal assistance

For amicable divorces, mediation can help you negotiate directly. For more complex cases, hiring an experienced divorce solicitor can ensure your interests are protected. Courts are typically a last resort when agreements cannot be reached.

Factors influencing asset division

Courts aim for a fair division of assets, but this does not always mean a 50/50 split. Key factors include:

Children’s needs: The welfare of any children is a top priority.
Length of marriage: Longer marriages often lead to more equal divisions.
Income and earning capacity: Future earning potential may be considered.
Health and age: Medical conditions may influence financial support needs.
Standard of living: Courts may seek to maintain a similar standard of living.

Understanding matrimonial vs. non-matrimonial assets

Matrimonial assets: Acquired during the marriage or through joint efforts (e.g., family homes, pensions, joint savings).
Non-matrimonial assets: Usually acquired before or after marriage or through inheritance. These may be excluded from the settlement unless required to meet needs.

Addressing common questions

1.Will my partner receive half of my assets?

Not necessarily. Courts aim for fairness, which may involve unequal divisions depending on needs, contributions, and other circumstances.

2.What happens to my pension?

Pensions are often included in settlements through a Pension Sharing Order, giving one spouse a percentage of the other’s pension.

3. Who is responsible for debts?

Debts incurred during the marriage are generally shared. However, personal debts may remain the responsibility of the individual.

4. What if my partner hides assets?

If asset concealment is suspected, courts can investigate and impose penalties. A financial expert can assist in uncovering hidden funds.

5. Is my inheritance at risk?

Inheritances are often excluded from settlements, especially if received post-separation. However, they may be considered if needed to meet financial obligations.

Finalising your divorce settlement

Once you reach an agreement, a solicitor can draft a Consent Order to submit to the court for approval. This legally binding document ensures financial closure.

If agreement cannot be reached, the court will make a ruling based on the specific circumstances of your case.

Need expert legal support?

Navigating financial settlements can be complex. Seeking guidance from our experienced divorce solicitor can provide clarity and ensure your interests are protected. Contact us today for a confidential consultation.

My career as a commercial property lawyer

Posted on 14 July 202226 May 2025 by Sarah O'Sullivan

High-quality work right on my doorstep: As part of our new series of ‘talk to Tees’ we will be talking to our lawyers and other team members about their time and experiences. In our first episode we speak to Kay Piper, commercial property partner, about her move from a London firm to Tees.

Q: Why did you choose to work for Tees?

It is a very well-established brand and I was impressed with the forward-thinking structure Tees has and the ability that this gives Tees for succession planning and investment into the firm. Tees is in a strong place as a business and on a progressive, growth trajectory. As I live in Bishop’s Stortford it gives me the ability to have a varied caseload of excellent quality work with clients, and also with properties that are familiar to me. There is the added benefit of working so close to home that I get to spend more time with my family and the commute is lot shorter than previously. Having the office nearby gives me lots of flexibility and choices for the best way to work.

Q: How do you find the work you’re now doing?

You always want quality work – the real complex interesting work where we can add value, and there is never a shortage of this at Tees. My workload keeps me very busy, and the variety makes it extremely interesting.

I work for a wide range of clients including large landowners, farmers, developers of all size, companies and high-net-worth individuals. We offer a bespoke, all-round service to these clients and there is lots of client interaction which I’ve always enjoyed. We get to know our clients and become their trusted advisers.

Q: How big is the team and how does it operate?

The commercial property team covers five of Tees’ six offices, with the largest team sitting in the Bishop’s Stortford office. Overall, there are five partners, two consultants (who are former partners at Tees), seven solicitors, three paralegals and a trainee solicitor.

We each have our own workload and clients, but we also work together in sub-teams on the more complex matters. I enjoy working with the team to come up with the best solution for the client.

We recognise that our clients might require other services from other teams, such as advice on company commercial matters, property litigation and from the private client team for advice on estate planning for those selling their land. With Tees having a breadth of experience and services, we are able to offer our clients a one stop shop for all legal and financial requirements.

Q: Is your team expanding?

Yes absolutely. We are always looking for new people to join the team and it is a very interesting time to join Tees with our future plans of growth. Client demand is high, so we need to keep up with this.

Q: How do you see the commercial property market currently?

The market is buoyant and there is a lot of movement, especially in relation to residential development. As with most things, the Covid pandemic has had an impact on the market, especially the retail aspect, but we are seeing this change and the retail market is beginning to pick up again. There is talk of a recession and/or a slowdown in the property market on the horizon. With our breadth of services, Tees is excellently placed to withstand any changes to the economy.

Q: What’s the working culture like at Tees?

In short, it’s great. We are supportive and collaborative in the way we work. We enjoy working hard but encourage everyone to talk to each other and find the best solutions for our clients in a good team working environment. Tees knows its people are key to its success and from my experience is committed to giving everyone the chance to be their best to succeed and grow. I am part of our trainee recruitment programme and it’s fantastic to be part of this important initiative. Many of our Partners trained at Tees which is a testament to the investment and trust we put in our people.

We operate in an open plan office with an ‘open-door’ policy: questions and running things past each other are encouraged – even when people are working from home. We discuss matters regularly in our weekly team meetings or monthly department meetings. I really like that Tees is a multi-discipline firm because clients are often looking for advice that crosses several departments, so we really get to see the whole project through and spend time with our clients. All in all, I’m delighted with the choice I made to move to Tees.

A complete guide to No Win No Fee claims

Posted on 22 June 202218 May 2025 by Sarah O'Sullivan

What is no win no fee?

A no-win, No-fee arrangement ensures you don’t pay any legal or associated costs unless your case is successful. If you win, most of your legal costs are paid by the Defendant. A small portion of your compensation may be used to cover legal costs not paid by the Defendant. The majority of our clients choose this option for peace of mind and affordability.

How do no win no fee claims work?

Most of our claims are funded using our funding package, which means if you lose your case, it should not cost you a penny. The package includes a conditional Fee Agreement, a loan facility and after the event insurance. The package will ensure that you do not have to pay our costs, or any third-party costs, as your case progresses. If you win your case, we will recover most of the costs from the defendants and we will deduct a success fee, the insurance premium, the loan facility fee and any unrecovered costs from your compensation.

Making a no win no fee claim

The first step is to give us a call. We have a team of friendly lawyers who will listen to you and advise you on the next steps. It’s free to talk to us and we will advise you about the different ways the case can be funded, including no win no fee, legal aid, legal expenses insurance and any other available options. We will give you detailed information about how the funding works and everything will have been explained carefully. We make sure that people who have experienced injury and damage because of medical negligence can access legal advice.

With Tees you can make a no win no fee claim for a very wide range of medical negligence situations including the following:

Accident and emergency claims
amputation claims
birth injury claims (baby)
birth injury claims (mother)
cancer misdiagnosis claims
cerebral palsy claims
child injury claims
cosmetic surgery claims
ear, nose and throat claims
eye claims
fertility claims
gall bladder claims
gynaecology claims
GP claims
hernia claims
medical consent claims
orthopaedic claims
sepsis claims
spinal injury claims
surgery claims

What are conditional fee agreements?

Conditional Fee Agreements (CFAs) are contracts agreed between a client and a solicitor when starting a claim for compensation. They set out how the solicitor’s fees, or a part of them, will be paid. This payment will be only on the condition of certain circumstances – which is most often if the case is won. A conditional Fee Agreement is the formal name for the agreement that is commonly referred to as No Win, No fee. It’s often linked to legal advice such as medical negligence or personal injury where compensation could be awarded.

How does a conditional fee agreement work?

If you lose the case, you do not pay. The legal fees are written off. We are able to arrange insurance for you which provides full cover for any third party expenses, e.g. medico-legal expert fees, court fees, if the case is unsuccessful. The insurance premium is deferred and self-insured, which means that if the case is unsuccessful, you do not have to pay a penny.

If you win the case and receive compensation, the defendant will pay the majority of your legal fees and expenses. You do pay your solicitor a ‘success fee’ from your compensation to reflect the fact that in running your case, the law firm has taken the financial risk and in most cases, will not be paid for many years for the work that they have undertaken. If there is insurance in place, you will need to pay part of the Insurance premium. You may also need to pay for any other associated costs with funding the case, such as loan fees or costs that are not recovered from the Defendant.

In a no win no fee case, it is the solicitor that is taking the main financial risk because if they don’t win the case for you, they won’t be paid. We spend a lot of time reviewing the facts and considering the medical and legal position at the outset as it is in no-one’s interest to run a case that is never going to succeed. At Tees, this initial assessment is free. We will not advise you to proceed unless we are confident you have a good chance of winning the case.

Is there any risk in no win no fee?

As long as you take out insurance to cover any third party expenses and any costs you may be ordered to pay the defendant throughout the case, you can pursue the case without carrying any financial risk.

We always recommend that a client takes out insurance and can arrange this for you. That way, you can pursue your case with absolute peace of mind, provided that you keep your responsibilities under the agreement. These include co-operating throughout the case, attending any necessary expert examinations and/or court hearings, and giving instructions that allow us to do our work properly.

One important exception to the rule is that if you are found to be fundamentally dishonest by the Court, the no win no fee Agreement will be invalidated and the Insurance Policy will be void. This means that you will become liable for the full costs of the litigation.

If you’re thinking of starting a no win no fee claim, it’s important that you work with a solicitor who will take the time to discuss all the implications and options.

How to cancel a no win no fee claim

In certain circumstances, you have the right to cancel the Agreement within 14 days of signature.

After that time, if you wish to cancel the agreement, you need to talk to the solicitor working on your case. They will be able to advise what options are available to you.

BBC News – Cheltenham: Baby death prompts change in hospital’s guidelines

Posted on 24 May 202230 March 2025 by Sarah O'Sullivan

A hospital’s guidelines for referring mums-to-be for specialist maternity help have been changed after the death of a baby at a midwife-run NHS centre.

Margot Frances Bowtell was born 14 May 2020 at a unit in Cheltenham but died of a brain injury at three days old.

A report by the Healthcare Safety Investigation Branch (HSIB) found there was a failure to update mother Laura Harvey’s risk assessment after a bleed.

Solicitor Sarah Stocker of Tees Law said: “The midwives failed to follow national, and the hospital’s own, guidelines on multiple occasions during Laura’s labour.”

Read the full article; Cheltenham: Baby death prompts change in hospital’s guidelines.

Your guide to your first meeting with our family lawyers

Posted on 20 May 202216 May 2025 by Sarah O'Sullivan

Booking your first meeting with us is a positive first step. We understand it can feel daunting, but we’re here to guide you through every stage, offering clear advice and support.

Bringing someone with you

You’re welcome to bring a friend or family member to your meeting, whether it’s face-to-face or online via Zoom. Many people find it helpful to have someone there for support and to discuss things afterwards. Just make sure you’re comfortable with them hearing the details of your situation—if there are private matters to discuss, you can always ask them to step out.
Note: This person cannot be directly involved in the proceedings, such as your estranged partner or children.

Do you need to bring documents?

You don’t need to bring documents if it’s difficult for you—our team will still be able to help straight away. However, if you can bring some paperwork, it may speed things up. Below is a list of suggested documents to bring:

Key relationship dates

A brief timeline of your relationship, including:

When you met
When you started living together (if before marriage)
The date of your marriage
When you separated (if applicable)
Dates of birth of any family members (estranged partner or children)

Letters or documents from your estranged partner

If you’ve received any letters or legal documents from your estranged partner’s solicitor or the Court, please bring these along. This will help us understand if any legal action has been taken and how best to support you.

Financial information

We’ll discuss your financial position, including your income, savings, and assets. If possible, bring:

A summary of your current financial position
Details of assets in your sole name or jointly held
Any financial documents you have with the full consent and knowledge of the other party

If you’re unsure about whether you should have certain documents, call us first. We can explain the rules and make sure you’re clear before bringing anything in.

Marriage certificate

If you’re seeking advice on starting a divorce, it’s helpful to bring your original marriage certificate or an official certified copy. A photocopy isn’t enough for legal proceedings.
Can’t find your marriage certificate? Let us know—we can help you get a certified copy from the church or registry office where you were married.

Estimated property valuation

If property is part of your divorce discussion, a rough idea of its value would be helpful. You can get an estimate by speaking with local estate agents or checking online.

List of questions

To make the most of our time together, prepare a list of questions you want to ask. It’s easy to forget things during the meeting, but don’t worry—you can always call us afterwards if you think of anything else.

We look forward to meeting you and supporting you through this process. If you have any questions before the meeting, just give your legal adviser a call. We’re here to help.

Tees Better Future Fund

Posted on 18 May 202230 March 2025 by Sarah O'Sullivan

At Tees, we are committed to supporting our local communities and building a better future. The creation of the Tees Better Future Fund reflects our long-standing heritage and dedication to lifelong learning, as well as our passion for connecting people and communities across generations. Our roots run deep in the local area, with our partners and employees proudly supporting numerous charities, clubs, schools, and community projects over the years.

About the Fund

The Tees Better Future Fund offers grants of up to £5,000 for projects that focus on:

Promoting Learning and Education
Promoting Good Health and Wellbeing

We welcome applications for initiatives that nurture talent, promote social mobility, and create opportunities for people to thrive. Projects that aim to increase knowledge, improve mental health, build skills, and raise confidence are encouraged. By supporting learning and education, we can work together to improve the life chances of the younger generation.

Promoting Learning and Education

We are passionate about supporting projects that empower individuals through education. If your initiative is designed to develop talent, broaden opportunities, or foster personal and professional growth, we would love to hear from you.

Promoting Good Health and Wellbeing

We are particularly interested in projects that improve access to sports and physical activities for children, young people, and families. Encouraging active lifestyles helps to enhance both physical and mental health, reduce isolation, and foster community connections. We also welcome applications for initiatives supporting mental health and wellbeing.

Our Key Priorities

Supporting young people
Assisting children and families
Promoting education and learning
Enhancing mental and physical health through sports
Encouraging talent development and growth
Creating new opportunities and improving access

How to Apply

If you would like to apply for a grant, please visit the Cambridgeshire Community Foundation (CCF) webpage: Tees Better Future Fund.

Application Deadlines: 1st February and 1st August.

Support the Fund

If you would like to contribute to the Tees Better Future Fund and help us provide grants for future projects, please visit our JustGiving page. Your support will make a meaningful difference in our community.

Together, we can build a brighter future for all.

Medical negligence: Postnatal PTSD and postnatal depression claims

Posted on 22 April 202218 May 2025 by Sarah O'Sullivan

Postnatal depression and postnatal post-traumatic stress disorder are psychological conditions that can affect parents after their baby is born. They may be caused by difficult or traumatic experiences before, during or just after childbirth.

If you are concerned about the care you received during your pregnancy, and think it might have caused a problem, talk to our birth injury claims specialists. We’ll listen to your experience, and help you find out what happened during your care.

Medical negligence claims – birth trauma

Birth trauma can be devastating for mothers and their families, and the consequences can be wide-reaching. Possible consequences of birth trauma include:

the mother may be unable to return to work
breakdown of the relationship between the parents
difficulty bonding with the new baby
psychological difficulties
fear of having another child.

Unfortunately, birth trauma can occur as a result of negligent care during pregnancy and delivery. Even if there is no physical harm to mother or child, the circumstances surrounding the birth can be psychologically damaging. If this happened to you, a claim can help provide closure and financial security – for example, if you have been unable to return to work, you may be able to claim for loss of earnings.

What is postnatal depression?

Postnatal depression is a type of depression which can affect new mums and dads after the birth of a baby. It is quite common; about 1 in 10 parents will develop postnatal depression.

The difference between postnatal depression and the ‘baby blues’

‘Baby blues’ can affect women the week they give birth and can cause new mums to feel anxious, depressed, emotional and tearful. This can be particularly upsetting at a time when mums expect to be enjoying their newborn and settle into their new routine. ‘Baby blues’ are very common, and can happen to anyone – even if the delivery was routine and mum and baby are healthy. Normally, the symptoms go away by themselves after just a few days.

Postnatal depression is different to ‘baby blues’. It can affect both mums and dads, lasts longer and can develop up to a year after a baby is born. Unlike ‘baby blues’, many parents need therapy to get through postnatal depression. If you think you might have postnatal depression, you are not alone and there is support available. If you are worried about your mental health, your doctor should take you seriously and listen to you. Doctors, midwives and health visitors are trained to recognise signs of postnatal depression and can refer new parents for treatment and support.

Causes of postnatal depression

Doctors don’t know exactly what triggers postnatal depression. By nature, birth is a very personal and unique experience and people react differently. Postnatal depression is very common, even if you have had a baby before. There are many organisations that are able to help you. Doctors and midwives are also able to refer a mother/ father to the appropriate services for management where signs of postnatal depression are spotted.

Research suggests that a difficult experience during birth can increase the risk of developing postnatal depression. Parents who experience one or more of the following may be more at risk:

particularly long or difficult labour
birth injury to the mother or baby
traumatic experience during birth.

Birth injuries to mother or baby can be devastating and difficult for new parents to process. They can make it harder to cope, physically and emotionally, in the months after baby is born.

Similarly, a difficult experience during birth and labour can affect parents for a long time. This can happen even if mother and baby are healthy following delivery. For example, a lack of communication from obstetric and midwifery staff can cause worry and stress during a baby’s birth, and make parents feel that they have no control over the situation. In other cases, parents may not be given enough time to bond with their baby after delivery. The circumstances of the baby’s birth, even if there is no physical injury, can have a long-term effect on parents and your caregivers should be aware of this.

Medical negligence can cause postnatal depression, but it can happen during any birth – even if no negligence was present.

Signs of postnatal depression

The NHS lists the following symptoms as possible signs of postnatal depression:

consistent feeling of sadness or loss of interest in the world
feeling unable to properly care for the baby
difficulty bonding with the baby
lack of energy and persistent feeling of tiredness
anxiety about the baby.

A full list of symptoms is available on the NHS website.

Postnatal depression can be debilitating. It affects the bond between parents and their new baby. It can also affect relationships within the family unit. Fortunately, it is a widely recognised condition and a lot of help is available. There are a number of charities committed to helping parents with postnatal depression, support groups and therapies available through your doctor. In very serious cases, your doctor may recommend admission to a specialist mother and baby unit.

Recognising the signs of postnatal depression is crucial. New parents should feel confident enough to be open with their midwife, doctor or health visitor about their feelings. Friends and family should also be aware of any unusual behaviour, and encourage parents to talk to their care provider if anything seems amiss.

What is postnatal post-traumatic stress disorder?

PTSD is a serious psychological condition which is caused by experiencing or witnessing stressful, frightening or life-threatening events. PTSD is often associated with situations such as military combat, serious accidents, terrorist attacks and sexual assault. People suffering from PTSD relive the traumatic event and may experience intrusive flashbacks and nightmares about it. Other symptoms include anxiety, insomnia and feelings of isolation and guilt.

Postnatal post-traumatic stress disorder (‘PNPTSD’) can also be called ‘PTSD (AC)’ – post-traumatic stress disorder after childbirth. It is a term used to describe PTSD which develops because of a traumatic experience during childbirth. It’s a natural reaction to a traumatic experience.

Women with postnatal post-traumatic stress disorder may experience flashbacks of their labour and try and avoid situations that remind them of the experience.

Symptoms of postnatal post-traumatic stress disorder

Every case of birth trauma is different, and the symptoms are very individual and personal.

Possible symptoms of postnatal post-traumatic stress disorder can include:

feelings of inadequacy and failure
flashbacks or nightmares about the birth (feeling of reliving the experience) or difficulty remembering parts of the birth
fear of sex, becoming pregnant again and childbirth (‘tokophobia’)
problems bonding with the baby
difficulty breastfeeding
emotional problems – feeling isolated, depressed or numb.

Women with postnatal post-traumatic stress disorder may feel isolated, and it can be very difficult to talk about what you’re going through. If the baby was born healthy, it’s not uncommon for women to feel as though they should not be feeling this way. Often, this makes the problem worse and can stop women from seeking the support they need.

Birth debriefing if you suffer a traumatic birth experience

If you have a traumatic birth, you can request a debriefing session with the consultant responsible for your care. It’s a chance to ask questions about your care and understand what happened, and why. The session is designed to provide you with answers and help provide some closure after a traumatic experience.

The consultant will go through the events surrounding the birth, and explain why certain decisions were made. The debriefing session can happen at hospital, or once you have been discharged home. It is best to have the session soon after the birth, when you feel able to do so. Some units will offer a debriefing session automatically – but, if you are not offered one, you can request one.

Your partner or family can, with your consent, request a debriefing session on your behalf.

Causes of birth trauma

The Birth Trauma Association lists the following as the most significant causes of postnatal post-traumatic stress disorder:

Mode of delivery: the method used to deliver the baby can be traumatic for the mother. Any type of delivery can be traumatic, and mothers who experience very medicalised, unplanned or invasive deliveries may be more at risk of birth trauma. This includes invasive procedures such as emergency caesarean sections, inductions and instrumental deliveries (e.g. forceps or ventouse deliveries)
fear for the mother or baby’s life during delivery: if there is a problem during labour and the mother or baby’s life is at risk it can be a traumatic experience (e.g. if the baby is premature or in distress)
lack of control during labour: research indicates that it is important for women to feel secure and protected during labour. It can be frightening and traumatic for mothers who experience medical interventions they didn’t plan for, feel they should not have had or didn’t have much information about
poor attitudes of care team: the way attending staff treat mothers during labour can have a significant impact on their birth experience. Lack of communication, empathy and understanding from midwives and doctors can make labour harder. Such attitudes can contribute to a loss of control, dignity and privacy
inadequate pain relief: mothers should be able to choose what pain relief they want during labour, without fear of judgement by midwives and doctors. When women do not have access to pain relief, or don’t have all the information about the options available to them, it can contribute to a traumatic birth experience. If the labour is particularly long, painful or the mother feels unable to make her own decisions, this can contribute to a traumatic experience
lack of support: proper care, and a wider social support network, can contribute to a mother’s sense of protection during and after labour. Without this, new mothers may lack the practical and emotional support they need
previous traumatic event: research suggests that, if a woman has experienced PTSD before, she may be more likely to develop postnatal post-traumatic stress disorder.

It is important that women feel safe and supported enough to speak out and ask questions about their birth experience. Having a good support network in place can help with this.

Having another baby after a traumatic birth

Lots of women who suffer a traumatic birth have concerns about getting pregnant again. If you are concerned, talk to your doctor or midwife during your pregnancy. If your care providers are aware of your situation, and your feelings, they should listen to you and support you. You may wish to include this in your birth plan, to remind your midwife during the delivery. Mothers who’ve been through a traumatic birth are encouraged not to internalise their emotions, but to share their thoughts and concerns with a midwife or doctor.

Support following a traumatic birth

There are a number of places which may be able to offer support during pregnancy or following a traumatic birth, including:

Your GP
Your midwife
Your consultant
Friends and family
Organisations such as the Birth Trauma Association
The PALS team at hospitals should you have concerns about your care

If you have concerns over the treatment you received during your pregnancy, in labour, or following birth speak to one of our dedicated birth injuty solicitors who will be able to investigate what happened and why, and provide advice as to whether you have suffered medical negligence.

Disclaimer: All content is provided for general information only, and should not be treated as a substitute for the medical advice of your own doctor, any other health care professional or for the legal advice of your own lawyer. Tees is not responsible or liable for any diagnosis made by a user based on the content of this site. Tees is not liable for the contents of any external internet sites listed, nor does it endorse any service mentioned or advised on any of the sites. Always consult your own GP if you’re in any way concerned about your health and your lawyer for legal advice.

Adultery in divorce settlements

Posted on 6 April 202225 June 2025 by Sarah O'Sullivan

Before 6 April 2022, a person wishing to apply for a divorce had to explain to the court the basis of the breakdown of their marriage by referring to one of five ‘facts’, which included, adultery. And in other petitions (applications for divorce), based on the fact of ‘unreasonable behaviour’, an applicant could mention that their spouse had had an affair, or even that they suspected as much

But that’s changed with the introduction of ‘no-fault divorce which came in on 6 April 2022. Now applications for divorce need only confirm that the marriage has broken down irretrievably, not why.

However, some divorces based on adultery (or unreasonable behaviour) started before the rules changed are still ongoing.

Does adultery affect the divorce settlement?

It’s understandable that a spouse who feels wronged – because their husband or wife had an affair or behaved unreasonably in some other way – might feel that they should be entitled to a more favourable financial settlement on divorce and/or that the court should look more sympathetically on them.

But this is a common misconception. In nearly all cases, the reasons for the divorce are not relevant when deciding how the marital assets should be divided or what financial support should continue.

The court doesn’t look to apportion blame or penalise either party, save in very unusual circumstances. The Matrimonial Causes Act 1973 sets out the criteria that are to be used when determining how the couple’s assets should be dealt with (in the absence of an agreement), and what the terms of their financial settlement should be.

So, it’s highly unlikely that the court will take adultery into account when making a decision regarding the financial aspects of the marriage. If you filed for divorce because of adultery, you should not expect to receive a more favourable settlement as a consequence.

The fact that behaviour isn’t a deciding factor when making a financial settlement should discourage spouses from contesting divorce applications on the grounds of adultery or unreasonable behaviour, therefore speeding up what can be a painful process. And this is one of the reasons that the new ‘no fault’ divorce law is such a welcome introduction, enabling people to move forward towards a resolution.

If your marriage breaks down, reaching a divorce settlement with your former partner is key to moving forwards. The settlement can affect you and your family for years, so it’s important to get it right.

Will my children be taken into account in the divorce settlement?

Yes – the needs of any children of the family are always considered paramount. There is no strict formula for how assets should be divided, although there is a broad starting point of equality of the capital resources of the marriage. This includes things like houses, pensions, savings and investments. If the divorcing couple can’t come to an agreement on the division of their financial assets and any financial support needed, the court will decide how these should be dealt with based all the circumstances, including the parties’ ages, the length of the marriage, each party’s earning capacity, health, and what each party to the marriage needs financially going forwards.

Will my divorce settlement be affected if my partner has started a new relationship?

In many instances, the Court will make a ‘clean break’ order, which will completely end the financial arrangements between the parties. However, if the assets aren’t sufficient to permit this, then regular ongoing payments (‘maintenance’) might be made.

If at the time of the negotiations either spouse is cohabiting with a new partner, this might affect the cohabiting spouse’s needs which might have a big impact on a financial settlement. It may be that their new partner contributes financially to outgoings, meaning they will need less financial support from their former spouse. Or, alternatively, if the paying spouse has a cohabitee who contributes to their outgoings, their ability to pay maintenance to their former spouse might be greater.

If you remarry without having reached a financial settlement with your former spouse, you might automatically lose the right to make any financial claim against your spouse.

Any spousal maintenance you receive will automatically stop if you remarry (it doesn’t automatically stop if you cohabit, but your former partner might ask to reduce or stop paying maintenance if you do). If you are receiving maintenance from your former spouse, you should continue to receive it after he or she remarries.

‘No fault’ divorce law

Posted on 24 March 202218 May 2025 by Sarah O'Sullivan

What is no fault divorce?

A ‘no fault’ divorce is one in which the partner within a marriage – who is asking for the divorce – does not have to prove that the other partner did something wrong.

Now there is only one ground for divorce

Instead, your petition (now called application) will simply cite the irretrievable breakdown of the marriage as the ground for divorce. You will no longer be able to cite factors of adultery, behaviour or separation.

Legislation to bring about a no-fault divorce option, became available to couples on 6 April 2022, having been passed into law on 25th June 2020.

Eradicate the blame game

For people who’ve reached the conclusion it’s better to divorce, to be able to do so without having to wait and apportion blame, is a positive step. This will likely benefit any children of the family because of the focus on separation, instead of blame. The emotional impact of divorce is a huge challenge for many and it’s rarely taken lightly, particularly where children are involved.

Blame and fault as to the end of a marriage is now almost entirely irrelevant when resolving the financial issues which need to be addressed in the divorce. This is a very helpful change because in the past when blame was actively required to start the process, there was a tendency to bring questions of ‘blame’ into the financial negotiations.

Important changes to divorce law

The changes certainly do remove much of the emotional content of divorce applications. In summary, the changes:

remove the requirement to provide evidence of poor conduct or separation
fundamentally restrict the ability to contest divorce proceedings
remove the ability to defend the decision
allow applications to be made jointly if they wish, or solely if they do not.

Defending divorce proceedings

At the moment, a respondent (the receiver of the application for divorce) can defend proceedings if they do not wish to divorce. In which case, the court must assess whether the fact cited in the petition can be proven on a balance of probabilities. However, the new law, will (save for exceptional circumstances) only allow people to defend a petition on a very limited basis:

lack of jurisdiction
marriage is not valid (so annulment proceedings are required and not divorce)

Does this give too much power to the person who wants a divorce?

In order to balance this shift towards one person alone being able to get the divorce, the new legislation introduces a mandatory 20-week cooldown period which is called a period of reflection. This runs from application at the start, to the conditional order (currently termed ‘Decree Nisi’) which is the document that establishes that the divorce can go ahead. This is the point where couples can submit what is called a consent order, which deals with their financial claims relating to the marriage. The consent order is submitted to the court for approval and sealing. Once you have the conditional order, the applicant(s) will then have to wait six weeks and one day before applying for the final order (currently termed Decree Absolute).

Is no fault divorce a good thing?

The vast majority of family lawyers believed the laws surrounding divorce should be changed, to allow couples to separate without having to apportion blame to each other and without having to wait at least two years before they can divorce. Divorce is difficult enough without either party being blamed for causing the end of a relationship, particularly when couples have simply grown apart. The legal requirement (which has been the case to date) to assign blame can make it challenging for couples to reach an amicable agreement. It’s also true that it’s often been a distraction for legal professionals, whose focus is to resolve more important issues in a constructive way.

At Tees, the family law team is pleased with this new legislation because it will help people to deal with this difficult period without the added strain of apportioning blame. It will allow people to concentrate on being able to resolve matters in relation to finances and children, without adding upsetting reasons in the divorce application.

In addition, there is a consensus among family law professionals that the end of the archaic legal language of ‘Decree Nisi/Absolute’ and ‘Petition/Petitioner’ is very much welcomed and makes the process much more accessible and understandable.

Prior to this recent change in the law, the most recent legislation governing divorce was approaching 50 years old. The last divorce legislation was brought into effect in 1973 and was designed to reflect the society of the time and the disapproval of the breakdown of a marriage. No one could suggest that society has not significantly changed in this time and that what was once considered taboo or frowned upon is no longer the case.

Will no fault divorce impact me?

If you are already in divorce proceedings, then there will be no impact on your divorce or its progression. If you are about to start a divorce process, you need to bear in mind the court portal will close in order to prepare for the new divorce rules. You should therefore begin to prepare your divorce application on the basis of the new rules. Our specialist divorce lawyers can help you with your questions.

Financial arrangements in divorce

Couples who are divorcing often find themselves under increased emotional stress, and they often fail to fully consider the financial impact of their separation. As a result, decisions that are made can have a long-lasting impact on the opportunity for financial security in the future.

Now that no-fault divorce has passed into law, this offers hope for couples who have decided to separate that they can to do so with less conflict and stress. This we hope will help with the process of making important financial decisions about major financial assets, most notably pension arrangements, which can turn out to be detrimental – more often negatively affecting women rather than men.

Pension funds are key to establishing a ‘fair share’

Assets held in pension funds are of vital importance when calculating a ‘fair share’ between couples. These funds are often the second most significant assets owned in a relationship after the family home – and can sometimes be the largest. And yet, they are all too often overlooked when it comes to establishing a financial settlement. Often couples put greater focus on splitting tangible assets, like property, with many under-estimating the impact of mismanaging the split of a pension in divorce.

The law gives the courts wide powers to vary on divorce the way in which pension funds are held by the parties so that fairness can be achieved. This may well involve a varying of the shares held by each party in the capital value of the funds, as well as how the income derived from the funds will be distributed.

The importance of seeking independent financial advice

It is alarming that very few people actively seek specialist independent financial advice on divorce. The impact of this is that many people are missing out on vital pension benefits, with the risk more likely to impact women than men given they often have a less sizeable pension of their own.

If you are going through a divorce, make sure you seek professional advice, both legal and financial as the importance in planning your finances for life after your divorce has been completed cannot be over-emphasized.

At Tees we combine independent financial advice with expert legal advice so you get a fully-joined up view. Our independent financial advisers are experienced in dealing with pensions as part of advising on the settlement of the overall financial arrangements on divorce. Sometimes the pension arrangements involved in divorce settlements can be complex depending on your circumstances and that’s where our experts can provide you with guidance to ensure that your interests are fully protected.