Family Law Archives

Tees’ expertise resolves complicated divorce financial settlement

Posted on 20 March 20251 April 2025 by Sarah O'Sullivan

Underlying issues resurface to make for a complex financial case between a husband and his ex-wife.

For context:

Tees were instructed to represent Benjamin* in concluding a financial settlement with his ex-wife following their divorce. Prior to Benjamin becoming a client of Tees, he had sought legal advice elsewhere to represent him whilst going through their divorce.

It had come to light that even though their divorce was settled, the financial issues remained unresolved. Influential factors in the time that passed between the divorce and Benjamin’s legal representation from Tees are where the case faces complexities.

Throughout Benjamin’s marriage with his ex-wife, he was a stakeholder at a successful company within the motor industry. Following on from the divorce, he had since sold his shares but remained an employee, therefore earning additional shares which had vested prior to a nine-figure sale.

What happened next:

As Benjamin and his ex-wife had not reached a financial settlement at the time of divorce, it then became a question of her entitlement to the following:

the initial shares, and
any future shares.

This was complicated by the associated risk of a potential future tax liability on the shares.

With this in mind, the parties engaged in negotiations to achieve a financial settlement, in the region of a significant seven figure sum.

A multi-disciplinary service:

Financial settlement aside, Tees identified complicated inheritance and tax issues which could become expensive for Benjamin. Pulling in expertise from other areas of the business, Benjamin was provided with the correct tax and associated legal advice.

A detailed scheme was set up to protect the husband on future tax issues, contained in the financial consent order and a related Deed of Indemnity.

This case, valued at approximately £20 million, is a strong reflection of the exceptional quality at Tees. We are proud to offer our clients a comprehensive, multi-disciplinary service, drawing on expertise from a wide range of specialisms.

If you’re unsure of what to do next after a separation, our experts are here to guide you through the process.

Tees’ expertise resolves complicated divorce financial settlement

Posted on 20 March 202524 April 2025 by Sarah O'Sullivan

Complex financial case arises after divorce settlement: How tees helped one client navigate post-separation finances

Background

Tees was instructed to represent Benjamin* in reaching a financial settlement with his ex-wife following their divorce. Before approaching Tees, Benjamin had sought legal advice from a different firm during the divorce proceedings.

Although the divorce itself had been finalised, the financial matters between the former spouses remained unresolved. The time that had passed since their separation—and the changes in Benjamin’s financial circumstances—contributed to the complexity of the case.

The challenge

During the marriage, Benjamin was a stakeholder in a successful motor industry company. After the divorce, he sold his shares but remained employed by the company. As a result, he acquired additional shares, which vested prior to a significant nine-figure sale of the business.

Because no financial settlement had been agreed at the time of the divorce, the key legal question became whether Benjamin’s ex-wife was entitled to:

The original shares held during the marriage, and
Any of the shares acquired post-divorce.

Further complicating matters was the risk of a substantial future tax liability associated with these shares.

Navigating the settlement

With these factors in mind, both parties entered into negotiations. The goal was to reach a financial settlement, which ultimately was agreed in the region of a significant seven-figure sum.

A multi-disciplinary approach

In addition to the financial negotiations, Tees identified complex inheritance and tax issues that could have significant financial consequences for Benjamin. Drawing on the firm’s in-house expertise, Benjamin received tailored advice covering both tax and legal aspects of his situation.

To protect him from future tax exposure, Tees developed a comprehensive scheme, which was incorporated into both a financial consent order and a related Deed of Indemnity.

The outcome

This case—valued at approximately £20 million—highlights the value of Tees’ multi-disciplinary approach. We are proud to provide clients with holistic legal services, drawing on expertise across family law, tax, and estate planning to ensure the best possible outcome.

If you’re uncertain about your next steps following a separation, our team is here to guide you through every stage of the process.

*Names have been changed to protect client confidentiality.

Pet-nuptial agreements – plan ahead to save heartache

Posted on 18 March 20257 April 2025 by Sarah O'Sullivan

Only one in 14 couples with pets in the UK currently have a pet-nuptial agreement in place and one charity, the Blue Cross, takes in around 4 pets every week because of divorce or separation. Planning ahead about how to take care of pets, in the event of a split, can help save some heartache.

Pets play a central role in families and many people have a significant emotional attachment to them. It is no surprise that 51% of UK adults own a pet of any type, with there being an estimated 10.6 million pet dogs and 10.8 million pet cats across the UK. Pets are becoming increasingly relevant in discussions with lawyers and mediators in divorce and separation negotiations, alongside considerations about children and finances. Animals and our relationship with them are by their very nature, emotional, and without an agreement in place, conflict over pets can add a distressing element to what may be an already volatile situation. A pet-nuptial agreement can help avoid a dispute at what might be an emotional time.

Pets as assets

It can often come as a shock to separating couples to find out that in the UK, the law regarding pets during a break-up or divorce, is the same as the law for personal property, such as a television or a car. In contrast to when the court decide arrangements for children, the family courts have no requirement to consider the welfare of the pet.

A court, if asked to decide on who should get the pet, would typically focus on:

who paid for the pet in the first place
who has funded its care (food, vet bills etc)
which of the parties are financially stable enough on their own to support a pet
if there are outstanding and particularly expensive veterinary costs, these can be included in the financial settlement
which partner has the most suitable home for the pet.

However, in December 2024, there was a welcome shift in judicial decision making with regards to pet ownership on separation with the case of FI v DO [2024] EWFC 384 (B) which involved dispute as to who would retain the family’s pet dog, a Golden Retriever, amongst other assets. The Judge in this matter went beyond financial considerations which had historically framed decisions surrounding pet ownership to date and included factors such as the living arrangements for the dog post-separation, who the dog would consider its primary caregiver and the best environment for the dog’s well-being.

Whilst this decision does not go as far as to rebut the position that a pet is a chattel, it does provide scope for the court to consider the pet’s needs and how any change in its ownership may affect not only the people around it, but the pet itself.

What is a pet-nuptial agreement?

While a traditional pre-nuptial agreement may solely focus on division of real assets and property, a pet-nuptial agreement (or a pet-nuptial clause in your pre-nuptial agreement) will focus specifically on the care and living arrangements for your pet.

A pet-nuptial agreement is a pre-arranged plan that puts your pet’s needs at the heart of the matter. It allows you to both agree beforehand where your pet will live, if you and your partner break up.

It’s important when creating your pet-nuptial agreement that your pet’s wellbeing is the main focus of the agreement. Of course, you and your partner can resolve any disputes regarding your pet without talking to lawyers, if you can both come to an arrangement that you can agree on. However, a pet-nuptial agreement takes away the uncertainty of a potential future conflict. As well as being very important for your own peace of mind with regard to your pet’s future, it’s also important for your pet. Pets that are handed into charities, such as the Blue Cross, often suffer from emotional trauma.

The advantages of a pet nuptial agreement include:

Clarity and prevention of dispute: having pre-agreed arrangements for your pet can help avoid future conflict by clearly outlining how your pet will be treated
Emotional protection: our pets are often seen as family members and having an agreement in place can reduce the emotional burden (on both the separating couple and the pet) of making these decisions in the heat of the moment
Financial planning: similarly to a pre-nuptial agreement, a pet-nuptial agreement can provide peace of mind in terms of what costs, such as veterinary bills, insurance and other expenses, are to be met when separating

Is a pet-nuptial agreement legally binding?

Whilst not currently legally binding in the UK, following a landmark decision in the Supreme Court, courts are likely to uphold a pre-nuptial agreement that meets certain criteria. Speak to one of our specialist legal advisers for more information on this.

What will you be agreeing to?

By taking custody of your pet within the pet-nuptial agreement, you are agreeing to follow the laws and welfare needs set out in the 2006 Animal Welfare Act these include:

the need for a suitable living environment
the need for a suitable diet
the need to be able to exhibit normal behaviour patterns
the need to be housed with, or apart, from other animals as needed
the need to be protected from pain, suffering, injury and, disease.

Being a pet owner is a big responsibility, and it is important that, within a pet-nuptial agreement, consideration is given to who will be best placed to meet the needs of the pet considering the above.

Pets with financial value

Some pets do have a financial value as well as an emotional value. There are many breeds of pedigree animals which cost a lot of money to buy. Also, some pedigree animals are involved in breeding which means they have a financial value in terms of their future litters. You may even have a pet that generates money from advertisements or social media – or is even starring in the movies! While it’s unlikely your cat is a YouTube star with its own following, if there is any financial value associated with your pet, it’s even more vital that you consider putting a pet-nuptial agreement in place.

Whilst the Pet Abduction Act 2024 that recently came into force has recognised dogs and cats as sentient beings capable of experiencing distress and other emotional trauma, it is important to note that this legislation does not make it an offence if the pet has lived in the same household as a couple before they separated. Therefore, it would not be possible for your ex-partner to “steal” your pet (if they had lived with them) and for you to seek recourse under this legislation, making a pet-nuptial agreement even more important.

How does divorce affect your pet?

Separation can be an emotional and confusing time for your pets, as well as for the owners, for many reasons. The uncertainty that follows a divorce or separation can upset your pet’s routine. You may move the pet’s home and if so, it’s important you give your pet time to adjust to its new surroundings.

Should a pet be shared?

Animal charities such as the Blue Cross or The Kennel Club advise that sharing a pet is not a good idea, as it can be upsetting and negatively affect their well-being. The same goes for when splitting up animals who were together before separation, as this means they lose their companion. It’s suggested that the best route is for one primary caregiver to look after all the pets who are close to each other.

Consideration should be given to whether the separating partner who will not retain ownership of the pet should be allowed to spend time with them on certain occasions. This might be considered easier for certain types of pets, such as dogs, more so than others.

Separating couples who are experiencing difficulty communicating may want to consider the use of a “parenting app” to discuss arrangements for how their pet spends time. There are several free and fee-paying apps available and, whilst typically used to facilitate discussions regarding arrangements for children, can rightly be used for pets. Such apps allow shared calendars to track who is responsible for the pet at any time, as well as the ability to share updates when the pet is not in the other partners care.

How to make a pet-nuptial agreement

If you and your partner are looking to create a pet-nuptial agreement, contact us and we will create a bespoke agreement for you both. In preparation for making your pet-nup agreement, you and your partner should:

have already discussed the topic of pet ownership upon potential separation
have an idea of who is going to be the primary carer
know how the costs of looking after the pet will be shared
have thought about the amount of time the partner who is not keeping the pet, gets to spend with the pet, should they want to.

Once agreed, we will create your bespoke arrangement and send both parties a copy for you to keep safe – and hopefully never need to use. Pets are more than just personal property and having an agreement in place helps ensure they are treated that way on separation.

Divorce settlements and private school fees: Ensuring your child’s future

Posted on 3 February 202522 March 2025 by Sarah O'Sullivan

Divorcing parents often face difficult decisions regarding their child’s education, particularly when it comes to private school fees. With rising tuition costs and changes to VAT exemptions for independent schools, many parents are increasingly concerned about ensuring their child can continue at their school or university of choice following divorce. Securing school fees in a divorce settlement is becoming a pressing issue for many families, especially when friendships and social lives are intertwined with a child’s school community. At Tees, we are committed to helping families find the best path forward.

Our expertise in divorce settlements and school fees

In divorce settlements, one of the key challenges is addressing private school fees. The Court prioritises basic needs, and school fees are often seen as a luxury once those needs are met. As a result, it can be difficult for parents to secure a guarantee for school fees as part of their divorce settlement.

Clare Pilsworth, Partner at Tees Cambridge, explains: “The Court does not prioritise school fees and considers them an individual decision after housing expenses have been accounted for.”

However, the Court will assess the “needs” of each family differently based on individual circumstances. In some cases, the Court has criticised parents who do not continue paying school fees when they could afford to do so: “What children need is love and time. Actually, like everyone else, they also need money.” (K v D (2015), para 20).

Even if financial circumstances change significantly after a divorce, the Court may still approve orders for school fees, though both parents may have to make sacrifices (WD v HD (2015), para 56).

Financial remedy consent orders for school fees

In many cases, divorce settlements are reached without a Final Hearing, resulting in a Financial Remedy Order. This is an agreement between the divorcing parties, approved by a Judge, outlining how assets should be divided. If both parties agree, the arrangement can be formalised, allowing the child to continue attending their school. If an agreement proves difficult, various non-court dispute resolution methods can help reach a mutually beneficial solution.

Modifying a current order

If you already have a divorce settlement in place but are struggling to pay school fees due to a change in circumstances, you can apply to the Court to vary the existing Order. If this is a concern, please contact us for expert advice.

Steps you can take now

While a final divorce settlement may take time, there are steps you can take to support your child’s education during this period:

Inform the School: Keep the school or university informed of any changes in your financial situation. If your ex-partner historically paid the fees, request that invoices be sent directly to them moving forward.
Consider a Maintenance Pending Suit Application: If your partner refuses to pay the fees, a maintenance pending suit application could order them to pay the school fees until the settlement is finalised.
Explore Fee Reductions or Postponements: If both parents are unable to cover school fees, speak to the school’s bursar about possible reductions or postponements.
Consider Alternative Schools: If fees become unaffordable, consider alternative schools. Notify the school early to avoid being liable for fees for the next term.
Seek Expert Advice: At Tees, we assist many parents in ensuring that school fees are included in their divorce settlements. Our expert team is here to guide you through this process.

Divorce can be a challenging time, but with the right legal guidance, you can secure the best possible future for your child’s education. Contact Tees for expert support in navigating this important aspect of your divorce settlement.

N.B. The standard 20% VAT rate was added to private school fees from 1 January 2025. Any fees paid from 29 July 2024 relating to the term starting in January 2025 and onwards was be subject to VAT. Gov.uk- education hub

Addressing domestic abuse in financial remedy cases

Posted on 23 December 202422 March 2025 by Sarah O'Sullivan

Despite a nationwide effort to recognize the impact of domestic abuse, family courts remain reluctant to consider such abuse when determining financial settlements in divorce cases. In November 2024, the University of Bristol released a supplementary report on domestic abuse in financial remedy cases, following their Fair Shares report published in November 2023.

Domestic Abuse and Matrimonial Finances: A Neglected Factor

Grant Cameron, Chair of Resolution, introduced the Resolution Report on domestic abuse in financial remedy proceedings with a powerful statement:

“Whilst we continue to ignore the elephant in the room, we fail to protect some of the most vulnerable litigants in the family justice system.”

How Courts Currently Consider Domestic Abuse in Financial Remedy Cases

Under Section 25 of the Matrimonial Causes Act 1973 (MCA 1973), courts will only consider conduct, including domestic abuse, if it would be inequitable to disregard it. In practice, this typically means abuse is only considered when it has caused financial consequences.

Case Examples:

H v H [2005]: The husband was imprisoned for 12 years for attempting to murder his wife in front of their children. Due to the severity of the abuse, the court awarded the wife the majority of the matrimonial assets.
DP v EP [2023]: The wife concealed financial transactions from her illiterate husband, resulting in a 53% asset award to the husband and 75% of his legal costs paid by the wife.
N v J [2024]: The court clarified that while a financial consequence is not legally required to consider conduct under Section 25(2)(g), it remains a common factor in most reported cases.

Although the Domestic Abuse Act 2021 broadened the definition of domestic abuse, it did not amend the statutory definition of conduct within financial remedy proceedings.

University of Bristol’s Findings on Domestic Abuse in Financial Remedy Cases

The University of Bristol’s report highlighted several connections between domestic abuse and unfair financial settlements for victims. Key findings included:

Economic Disadvantage: Female survivors often entered divorce in a more precarious financial position than other women, resulting in limited post-divorce financial security.
Lack of Legal Representation: Only 16% of female survivors and 19% of male survivors received legal aid, with over 50% of survivors self-funding legal representation or mediation.
Post-Separation Hardship: Female survivors were more likely to be on Universal Credit and have lower household incomes up to five years after divorce.

Resolution’s Recommendations for Change

Following the University of Bristol’s report, Resolution called for a cultural shift within the family law profession to better support domestic abuse survivors. Their recommendations include:

Enhanced Case Management: Utilizing courts’ powers to tackle non-disclosure at the outset.
Recognition of Domestic Abuse: Explicitly acknowledging domestic abuse as a valid exemption from Non-Court Dispute Resolution, preventing survivors from facing unjust cost orders.
Cultural Change: Promoting awareness and training among legal professionals.
Improved Access to Legal Aid: Raising income and capital thresholds.
Interim Maintenance Support: Ensuring survivors can access financial support during proceedings.
Enforced Consequences: Imposing costs orders to deter perpetrators from using court proceedings for continued abuse.
Practice Direction: Introducing guidelines to assist legal professionals in handling domestic abuse cases.

Government Response and Future Outlook

In a positive development, the government recently launched the Early Legal Advice Pilot Project (ELAP) to provide legal support to families in disputes and gather evidence on the impact of legal advice.

While no formal government action has been taken following these reports, it is hoped that Resolution’s recommendations will drive much-needed reform. However, as with any significant legal amendments, meaningful change may take time.

Have you agreed on Christmas holiday arrangements for your children?

Posted on 1 November 202422 March 2025 by Sarah O'Sullivan

he holiday season can be stressful for divorced parents. In this article, we will discuss how to best plan for the festive period.

Every year our family law solicitors advise parents who are facing difficult questions around the Christmas holidays following separation. For a lot of families, issues tend to centre around deciding who the children will spend Christmas day or New Year with and what happens when a parent faces spending a period of the festive season without seeing their children.

Plan ahead where possible

Most families adjust to life after separation with children spending time during the festive period with both parents. If handled sensitively, children adjust quickly and look forward to the opportunity to share their Christmas holiday celebrations with both parts of their family.

Usually, it is the parents who find adjusting to not being able to be with their child over the entire Christmas period the hardest. The key is to plan ahead, don’t leave difficult decisions to the last minute and have an open line of communication with your co-parent, if possible

Consider the bigger picture

Some parents tell us that they dread the onset of the festive period and struggle to accept the new arrangements. Long term, the aim is to be able to co-parent over the holiday periods and in such a way that your child will understand that both parents love them and want to spend positive periods of time with them. However, we understand that separation can be a bumpy road, so it’s easier for some to achieve this than others.

The welfare and best interests of your child are the most important factors to be considered and it is often difficult for parents to come to terms with not seeing their child on Christmas Day when this has been the norm previously. Focus instead on making the time that you will spend with your child during the festive period a special occasion.

If your co-parenting relationship allows it, consider whether you could facilitate a short video call with your co-parent and your child over the festive period if they are not going to be spending time with them, allowing your child to share the special occasion with both their parents.

Talk to each other

If there are no welfare issues and you are struggling to reach an agreement with your co-parent about sharing a festive period, it’s usually quicker and cheaper to try to resolve matters by agreement rather than going to court. This can include using the services of a mediator, who is a neutral third party trained to help facilitate conversations between you and your co-parent on topics where you do not agree. They will arrange a meeting with your former partner, and their solicitor (if any/appropriate) to agree how childcare over the Christmas holidays will be split. Communication is key: airing your thoughts normally pays off, allowing you to negotiate a fair, practical agreement over the festive season well in advance.

Ensuring your child can spend time with both parents and their extended family is often a consideration. Your plans don’t have to focus around the grandparents’ availability but making sure your child can see their extended family over the Christmas holidays is important to the entire family.

Don’t leave your plans to the last minute

If you think Christmas is going to be a problem, seek legal advice well in advance. This will give you time to reach an agreement that suits the needs of both parents and your children.

If you’re struggling to agree on plans this year—or any other time of year—try speaking to a neutral third party or mediator to help you plan as much as possible. Clare Pilsworth and Helen Midgeley are mediators based in our Cambridge and Bishop’s Stortford offices, respectively, and they would be happy to discuss making the most of the festive period this year with you and your co-parent.

Tees shines a light on men’s mental health

Posted on 1 November 202422 March 2025 by Sarah O'Sullivan

As Movember continues to shine a spotlight on men’s mental well-being, it’s essential to address the often-overlooked emotional and physical impacts of divorce and family breakdown. Understanding these challenges can encourage men to seek support, reduce stigma, and improve mental health outcomes.

The emotional toll of divorce on men’s mental health

Movember, a global movement raising awareness of men’s health for over 20 years, highlights critical issues such as depression, anxiety, and the alarming rates of suicide among men. Divorce can intensify these challenges, leading to overwhelming emotions like sadness, anger, guilt, and loneliness. The shift in family dynamics, financial strain, and uncertainty about the future can further exacerbate mental health concerns.

Unchecked emotional stress may also manifest physically, contributing to sleep disturbances, weakened immune systems, and unhealthy lifestyle habits. Without proper support, these challenges can have lasting consequences.

Breaking the stigma: Encouraging men to seek support

Societal expectations often discourage men from expressing their emotions. However, acknowledging and discussing mental health challenges is a crucial step toward healing. By seeking professional support, men can navigate the complexities of divorce with resilience and reduce the risk of long-term mental health issues.

Insights from Tees’ Family Law Team

Mark Chiverton, a solicitor in Tees’ Family team and a Resolution member, emphasises the importance of supporting men’s mental health during divorce. He notes:

“As a family lawyer, I strive to reduce the emotional strain of divorce by promoting a constructive approach and encouraging alternative dispute resolution methods. Movember serves as a powerful reminder that men’s mental well-being must remain a priority during this challenging time.”

He continues:

“Clients may not always express their emotional struggles, but that doesn’t mean they aren’t experiencing them. Recognising this allows me to offer more empathetic support and recommend professional mental health resources when needed.”

The importance of professional support

Seeking support from mental health professionals can provide men with coping strategies to manage stress and process emotions in a healthy manner. Psychotherapist Sarah Fahy advises:

“It’s okay to ask for help. Taking time to heal and rebuild is essential. Prioritising mental health through counselling, maintaining a balanced diet, exercising regularly, and getting adequate sleep can significantly improve well-being.”

For those looking for mental health support, directories such as the British Association of Counsellors and Psychotherapists (BACP) and the UK Council for Psychotherapy (UKCP) can help connect individuals with qualified professionals.

Moving forward: A path to resilience

Navigating divorce can be one of life’s most challenging experiences. However, with the right support network and self-care strategies, it’s possible to emerge stronger and more resilient. Prioritising mental health, acknowledging emotions, and seeking assistance when needed can help men rebuild their lives with confidence.

At Tees, we are committed to supporting our clients through every step of their journey. By fostering empathy and advocating for mental well-being, we contribute to a healthier future for all.

For further advice and assistance, reach out to our Family Law team at Tees. We’re here to help.

Co parenting: Legal considerations every parent should know

Posted on 25 September 202422 March 2025 by Sarah O'Sullivan

Separating from your child’s other parent can be one of the most difficult and stressful experiences in life. Amber Kennedy, an expert in parental legal rights, shares key legal considerations for parents contemplating separation.

Prioritising your child’s needs

The best starting point is for both parents to collaborate and decide what arrangements will work best for their child. In some cases, an equal time-sharing arrangement may suit your family dynamic. Focusing on your child’s well-being rather than parental “rights” often leads to better long-term outcomes.

For helpful guidance, consider downloading the free Parenting Through Separation Guide from Resolution, a community of family justice professionals.

Can One Parent Prevent the Other from Seeing Their Child?

The law presumes it is in a child’s best interests to maintain a meaningful relationship with both parents, unless there is evidence that such involvement could cause harm. Active participation from both parents generally supports a child’s emotional and psychological development.

However, if there are safeguarding concerns, the court may decide to restrict contact to protect the child’s welfare. A court may prevent contact in cases involving:

Domestic abuse
Substance abuse
Other behaviours that pose a risk to the child

In some situations, supervised or supported contact may be appropriate. This can involve the presence of extended family members or contact centre staff to ensure the child’s safety. If face-to-face contact is not safe, indirect contact through phone calls or letters may be considered.

If you are being prevented from seeing your child, it’s crucial to seek specialist legal advice promptly. Resolving disputes swiftly can make it easier to rebuild your parent-child relationship.

Understanding Co-Parenting

Co-parenting involves both parents working together to make joint decisions about their child’s upbringing. This collaborative approach creates a calm and stable environment, benefiting the child’s emotional well-being. Effective communication and shared decision-making are hallmarks of successful co-parenting.

What Is Parallel Parenting?

When communication between parents is challenging due to high conflict, parallel parenting may be a more suitable approach. This method allows both parents to remain actively involved in the child’s life while minimizing direct interaction.

With parallel parenting:

Each parent makes day-to-day decisions independently when the child is in their care.
Communication is limited to essential matters, such as medical or educational concerns.
The child benefits from a relationship with both parents, without exposure to ongoing conflict.

While parallel parenting can be beneficial in cases involving domestic abuse or significant conflict, parents should be mindful of how differing parenting styles might affect the child’s sense of stability.

Seek Legal Support

Understanding your legal rights and responsibilities is essential when navigating separation. Consulting with a family law specialist like Amber Kennedy can provide tailored advice to protect your child’s best interests.

For more information or personalised legal support, contact a legal professional experienced in family law matters.

Key legal steps for parents: Relocating with children after divorce

Posted on 16 September 202422 March 2025 by Sarah O'Sullivan

Amber Kennedy, an expert in parental legal rights, shares essential information for separated parents considering relocating with their child. Understanding the legal landscape is crucial to ensure a smooth transition and prevent future disputes.

What is relocation?

Relocation occurs when a separated or divorced parent wishes to move with their child to a different area, whether within the UK or abroad.

Common Reasons for Relocating with a Child After Divorce

Parents may seek to relocate for various reasons, including:

Job Opportunities: A parent receives a job offer or career advancement in another region or country.
Family Support: Moving closer to relatives for emotional and practical support post-separation.
New Relationships: Forming a new relationship with a partner who lives in another location.
Lifestyle Improvement: Belief that a new location offers a better quality of life for the child.

Understanding parental rights and legal considerations

How far can I move with my child?

There is no strict legal limit on how far a parent can move with their child. However, maintaining the child’s meaningful relationship with both parents is typically in their best interest. The further the relocation, the greater the potential impact on these relationships.

Moving abroad with your child

If no child arrangements order exists, you need written consent from all individuals with parental responsibility. Without consent, you must obtain court permission.

If a child arrangements order is in place:

Living with you: You cannot take your child abroad for more than 28 days without the consent of all individuals with parental responsibility or the court’s approval.
Spending time with you: Written consent or court approval is mandatory, regardless of whether the other parent has parental responsibility.

Failure to follow these procedures could lead to accusations of child abduction, resulting in legal action for the child’s return.

What if my ex-partner agrees to the relocation?

Consider obtaining a child arrangements order by consent. This order formalizes the agreement, reducing the risk of your ex-partner withdrawing consent unexpectedly.

What if my ex-partner refuses to agree?

You can apply to the court for permission to relocate. The court will assess whether the move is in your child’s best interests, evaluating factors like educational opportunities, emotional needs, and the impact on their relationship with the other parent.

Court Considerations in Relocation Cases

Key factors the court will assess include:

The child’s wishes (age-appropriate)
Emotional, physical, and educational needs
Impact of the relocation on family dynamics
Ability of each parent to meet the child’s needs
Potential harm from changes in circumstances

Costs and Timeframes for Relocation Applications

Legal Costs: Vary depending on whether the application is by consent or contested.
Time frame: Court applications may take 9 to 18 months or longer in complex cases.

How to approach relocation discussions with your ex-partner

Open communication is key. Mediation can be a helpful way to reach an agreement. Tees offers expert mediation services through qualified partners Helen Midgley and Clare Pilsworth.

Get Expert Legal Advice

Relocation cases are increasingly common. Seeking legal advice early can ensure you present a well-prepared case. Contact our specialist solicitors at 0800 0130 1165 for personalised guidance tailored to your circumstances.

Cyber stalking: How to combat the tech bullies

Posted on 10 September 202422 March 2025 by Sarah O'Sullivan

Technology has enabled new ways for people to harass ex-partners by tracking their movements and spying on their digital platforms. Solicitor Harry Calder explains how you can protect yourself from cyber stalking.

A report on Violence Against Women and Girls found that 36% of women in the UK have experienced online abuse on social media or other platforms. Of these women and girls, one in six also experience tech abuse from a partner or ex-partner.

This form of harassment, known as cyber stalking, has been made easier through the widespread use of location services on smartphones and the availability of spyware. It causes distress and sometimes fear of violence and is difficult to ignore, given the extensive role that smartphones and other technology have in our lives. It can also lead to unwanted physical contact.

How can I protect myself from cyber-stalking?

Digital break up

When you part company with your partner, it’s important to break any digital links you may have, such as shared passwords or PINs, or accounts on services such as Spotify or Netflix.

If you don’t cut these ties, you’re potentially leaving yourself open to an ex-partner using that digital access to spy on you, or intimidate you in other ways.

Turn off location services

Location services on our smartphones allow our precise locations to be shared with others, for example via social media apps and ‘find my phone’ services. Sometimes you might not even realise these are activated, enabling someone to track your whereabouts without your knowledge. Review the location settings of every app on your phone. You can turn off location services completely when you don’t need them. Bear in mind that emergency services can still determine your location when location services are turned off.

Change your passwords

New passwords should be set up for your all your digital accounts, whether it be social media, email or your bank. Passwords should be strong and unique to avoid an ex-partner being able to guess them. Using the same password for several accounts should be avoided. It’s also recommended to set up two-factor authentication on your accounts. This means that a code is sent to your phone after you enter your password to complete the login process. It’s also possible to check whether your password has been compromised in a data breach. This information can often be found in your phone’s security settings.

Update cloud account settings

Many couples or families share cloud accounts which link connected devices together and allow for information to be shared between them. For example, a family member may be able to see where your phone is if it’s lost, using ‘find my phone’ services. On the breakdown of a relationship, you may forget entirely that your devices are linked in this way and your ex-partner may be able to track your movements without you being aware.

If you no longer wish to have your device connected to your ex-partner’s in this way, you can update your cloud settings, or create a new cloud account.

Changing device settings which your ex-partner may have set up

Many partners buy smartphones for their partners or children and change the settings to enable them to track the device’s location. On the breakdown of a relationship these settings may still be in place and an ex-partner can track your device, or that of your children, without you being aware. Be cautious of gifts made to children after the relationship breakdown, such as phones, iPods/iPads, smart watches or other devices. The settings of these devices could be set up to share their location, allowing the ex-partner to stalk not only your children’s movements but also yours indirectly.

Social media activity and stalking

On social media, posts or photos uploaded by you, friends or family, can reveal your location to an ex-partner. Many social media accounts are open to the public and can be followed by ex-partners disguising themselves with fake names. Review your friends or followers lists and remove any accounts which you don’t recognise or are suspicious of. Alternatively, you can change your social media account’s privacy settings, so that only people you approve can view your account activity.

Tracking devices used by stalkers

Tracking devices, normally used to avoid losing items, have increasingly been used to track ex-partners. Devices such as the Apple AirTag, which is about the size of a 10 pence piece and cheap to buy, will send precise location information to the user. If you’re concerned that you might be being tracked, the first step to search places where a tracker could be hidden. Common places include: inside bags, pockets, vehicles. However, as these are small devices, they can often be well hidden. There are apps available that can scan for nearby trackers and identify an unknown device nearby using Bluetooth.

Spyware

Your digital activity can also be monitored through spyware. Software is available that would allow an ex-partner to read your texts, look at your photos and even access the camera of your smart phone. They may even be able to view you changing your password to prevent them accessing your accounts.

You can sometimes remove spyware from your device by deleting any suspicious apps that you did not download or do not use. The most comprehensive way to remove any spyware would be to perform a factory reset of your device, which wipes all the saved information from it, returning it to its condition when first bought. Before you do this, save your photos and other data to a different device. There are companies who can remove spyware from electronic devices, but that comes at a cost. You can consider simply buying a new device.

If you’re concerned about covert recording devices in your home, there are companies who can conduct a ‘sweep’. If spyware is found you should seek professional advice immediately from a solicitor or the police.

Cyberstalking – how to get help

Cyberstalking is a criminal offence under The Protection from Harassment Act 1997. If you’re worried about cyberstalking from an ex-partner or anybody else, you should reach out for help at the earliest opportunity. A family solicitor can give you legal advice and support and point you in the direction of other support agencies. You can also call the police. Here are some suggestions for organisations that are there to help: