Family Law Archives

Navigating surrogacy: Current laws, challenges, and future reforms

Posted on 2 September 202422 March 2025 by Sarah O'Sullivan

What are the current laws governing surrogacy in the UK?

In the UK, surrogacy is primarily governed by the Surrogacy Arrangements Act 1985 and certain provisions within the Human Fertilisation and Embryology Act 2008. Under these laws, the surrogate mother is legally considered the child’s parent at birth. Legal parenthood can then be transferred through a Parental Order or Adoption after the child’s birth, typically taking anywhere from six months to a year. This process may take longer if the Court’s schedule is full.

To apply for a Parental Order, you or your partner must be genetically related to the child, the child must live with you, and you must permanently reside in the UK, Channel Islands, or the Isle of Man. If there is a dispute over who should be the child’s legal parents, the court will decide based on the best interests of the child. While surrogacy agreements can be made between the intended parents and the surrogate prior to birth, they are not legally enforceable in the UK, even if the intended parents and surrogate have signed an agreement and the intended parents have covered the surrogate’s expenses. It is also illegal for solicitors to advise on such agreements.

What Problems Does the Current Surrogacy Law Cause?

The current surrogacy laws in the UK are outdated. Most of these laws were established over 30 years ago, and have not kept up with changes in society and advancements in fertility treatments. These outdated laws do not fully support the diverse family structures that exist today, including same-sex couples, single parents, and blended families.

One of the main issues with the current system is the lengthy process to establish legal parenthood after the child is born. Since the surrogate mother is considered the legal parent, intended parents must wait until a Parental Order is granted, which can take months to a year. During this waiting period, intended parents have limited legal rights over the child, and in some cases, a surrogate could even decide to keep the child. This creates vulnerability for both the intended parents and surrogates and raises concerns about the best interests of the child.

What Does the New Surrogacy Bill Propose?

The Law Commission of England and Wales, in collaboration with the Scottish Law Commission, has proposed a new framework to modernize surrogacy laws. This proposal aims to better protect children, surrogates, and intended parents. Key features of the proposed reforms include:

Immediate parental rights for intended parents from the moment of birth, eliminating the need to wait for a Parental Order.
Introduction of safeguards and screening processes, including criminal and medical background checks, and independent legal advice and counseling.
Regulation of surrogacy arrangements by Regulated Surrogacy Organisations (RSOs), which would be monitored by the Human Fertilisation and Embryology Authority (HFEA).
Reform of parental orders to allow courts to make decisions even if the surrogate does not consent, provided it is in the child’s best interest.
Enhanced rights for children born via surrogacy, better employment rights for intended parents, and more comprehensive guidance on nationality and immigration matters.

These reforms aim to ensure legal, physical, and emotional protection for all parties involved, bringing surrogacy laws in line with other areas of family law.

What Are the Prospects for Government Action on Surrogacy Law Reforms?

The final report and draft legislation were published on 29 March 2023. The Government is currently reviewing the report’s recommendations, but no formal action has been taken yet. Due to limited parliamentary time, changes are unlikely to be implemented immediately. However, surrogacy law reform is likely to become a priority for the new government in the future.

By modernizing surrogacy laws, the UK could create a more inclusive, supportive, and legally sound framework for all parties involved in surrogacy arrangements.

Divorce and your business: Steps to protect your assets

Posted on 12 August 202422 March 2025 by Sarah O'Sullivan

Getting divorced is almost always a stressful experience. – Relationships end, arguments ensue, assets get divided up, and there can be the welfare of children to think about. Now add to that the thought that your livelihood is threatened too. This is the situation business owners can face when they consider divorce.

Will their ex-partner get half the business? Will the business have to be sold? What if you both work in the business? Will we all lose our livelihoods? What will be left as an inheritance for my children?

These are the kind of stressful questions we are here to answer – and help resolve for you.

Caroline Andrews, Senior Associate in the Tees Family law team, considers the challenges and sets out what can be done. As a business owner planning to divorce, you have options. It’s vital that you get specialist legal advice to make sure you choose the right route to go down.

How are assets divided in divorce?

In a divorce, the first challenge is establishing each party’s needs and how they can be met. Consideration is also given to the principle of sharing and dividing assets in an objectively fair way—but that does not necessarily mean equal.

The courts have a very wide discretion to reallocate assets within a marriage. If one of you owns a business, that business’s assets (or liabilities) will be considered when assessing the ‘pot’ that will be distributed between you.

The Impact of Divorce on Different Business Structures

The impact of divorce on a business can vary depending on its structure.

Limited companies vs. sole traders: If you are a sole trader, your business assets and liabilities are considered personal assets and may be subject to division during a divorce. This means that your spouse could potentially claim a share of your business. On the other hand, limited companies are separate legal entities, and your spouse is less likely to have a claim on the business itself. However, they may still be entitled to a share of any dividends or salary you receive from the company. So, is a limited company protected from divorce? The answer can be complex and depends on various factors. Tees specialist solicitors understand the complexities of business structures and can help protect your interests during a divorce.

Partnerships and family-owned businesses: Divorce can have significant implications for partnerships and family-owned businesses. In a partnership, your spouse may become entitled to a share of the business unless a prenuptial or postnuptial agreement specifically addresses the business. Family-owned businesses can also face challenges, as the division of assets may require valuing the business and negotiating how to divide its value.

In general, the court will try not to order the sale of a business if one of the parties is against this. Instead, the outcome is more likely to be that the business is retained by offsetting against other resources or there is a series of ongoing payments funded by the business profits. This arrangement tends to work well when one person is only interested in the business for the money it generates, not for the business itself. This has the benefit of keeping the business going for the future.

Call our specialist solicitors on 0808 231 1320

Divorce and business valuation

Valuing the business is often the first step which gives vital clarity. A valuation can also report on business debts and liabilities, as well as cash flow and liquidity. Take care to consult a legal team that has access to business legal expertise, as well as family law expertise.

It will of course help if you have kept accurate financial records and have avoided mixing business and family funds together, to understand the valuation of the business and how it operates. There are occasions of course where business and family funds are mixed – which potentially makes the task harder, but not impossible.

It’s important you don’t attempt to move money out of the business if you think you might be headed for divorce. The courts require full financial disclosure as they strive towards a fair resolution and if you’re caught having done this, it will not do you any good in the eyes of the court.

The valuation process should identify:

the business structure – a partnership, limited liability partnership or company, or are you a sole trader?
whether it’s possible to take funds out of the business without damaging its future prospects
information about the shareholdings arrangements: who has shares, to what value and what are the relative percentage shares that people own, and are they family members?
the tax liabilities – both for individuals and the tax that the business itself owes
Is there a parent company, with additional companies with value (or debts and liabilities) to consider?

The history of the business

It’s important to gather evidence to establish how and when the business began and who has contributed what to its development. This is because the respective roles of both parties in the development of the business over time will impact the negotiations when it comes to deciding who gets what.

When did it start trading? Has it been in the wider family for many years? Or was it built up by one or both of you during the marriage, or started by one of you before you married?

The people running the business

You need to establish the facts around the running of the business. This is also important if you don’t plan to sell the business, but it will provide income going forwards to the person who doesn’t keep the business. You need to clarify:

who is pivotal to the running of the business? Who are the other key players?
are any of them family members?
does the business employ your partner? This can be tempting for tax reasons, but it could allow them to claim a bigger share, claiming they have contributed more than they may have actually done
are there adult children involved in the business?
does anyone in the family live on the business premises?
is the business run from the family home?

The vision for the business

If the business has significant value and the plan is not to sell it, the two parties to the divorce may need to discuss whether there are sufficient other assets in the marriage (such as property or investments) to ‘offset’ the value of the business by giving one party more non-business assets to allow the other party to continue the business.

It might be intended that the business is sold at some point in the future, for example at the point of retirement, in which case a balance in a settlement could be finalised at a future date.

Succession planning

If you put in place clear plans for your children to inherit the business and be involved in its running, this can help sway the court that selling it to release funds, is not in the adult children’s interests.

Farming businesses

When the business is a farming business, things can be even more intertwined because the family home is often standing on the land and farming is an all-encompassing way of life. At Tees, our heritage and culture has been rooted in the local farming community in the East of England for well over one hundred years. Find out how we can help you protect your farming business from divorce.

Is going to court inevitable?

No. Going to court is the last resort and should be avoided where possible by engaging in non-court dispute resolution wherever possible. The courts are placing more and more emphasis on non-court dispute resolution as a means of solving disputes because of the significant delays and expense that come with court proceedings.

You should therefore first consider mediation, collaboration and arbitration as alternatives to court proceedings, to try and get matters resolved as efficiently, cost-effectively and amicably as possible.

Protect your business in advance

By taking professional advice and taking time to plan, you can put in place measures to create a structured settlement to protect the business. If you are thinking ahead you should consider a prenuptial agreement (or post-nuptial agreement if already married) as this is another effective legal device for protecting assets, such as businesses, for the long-term

Grandparents’ rights to see grandchildren

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

One of the common misconceptions surrounding family law is that grandparents have an inherent or automatic right to see or spend time with their grandchildren – in other words, have grandparents’ rights. There is nothing enshrined in law to grant grandparents automatic rights based on their biological connection alone. However, the happy fact is that a court would rarely deny grandparents access to their grandchildren unless there is a specific reason to do so.

Here, we outline the different legal avenues open to grandparents to get access to their grandchildren:

Child Arrangements Order to spend time with your grandchildren

If, for any reason, a person with parental responsibility were to object to or try to prevent you from seeing your grandchild, and you cannot reach an agreement with them, you will need to apply to the court for a court order.

Because there is no automatic legal right to contact grandparents, the Child Arrangements Order would be the document that enshrines your legal rights and responsibilities as a grandparent. The court application is a two-step process:

apply for permission to apply for a Child Arrangements Order
apply for a Child Arrangements Order.

What is a Child Arrangements Order?

A Child Arrangements Order (CAO) is an order regulating arrangements relating to either of the following:

with whom a child is to live, spend time or otherwise have contact, and
when a child is to live, spend time or otherwise have contact with any person.

Getting permission to apply for a Child Arrangements Order

The court will consider a number of factors before granting you permission to apply for a CAO, as follows:

your history of contact with your grandchild
what you are seeking by way of contact – times, locations, etc and
whether what you are seeking would be beneficial for your grandchild.

Applying for a Child Arrangements Order

The court recognises the value and importance of a child spending time with their grandparents. The court has to balance this with the wishes of the children and the wishes of the parents (which are not necessarily the same), and each case has its own unique facts. These situations can be fraught with difficulty and should be carefully navigated. A skilled family lawyer may be able to guide you to mediation services to help prevent hostilities from escalating and the involvement of the courts.

The court has several principles that it considers before making a CAO. However, the paramount consideration is always the welfare of the child. For example, the court will consider:

the existing arrangements that you have in place and that the parents have in place
whether the arrangements you seek would take away time from the parents in such a way that it would not be in the child’s best interests.

What is the ‘no order’ principle?

Another key principle is the ‘no order’ principle, whereby the court will not make an order if they do not think the order would further the welfare of that child.

An example of where a CAO might not be given (or perhaps not in the terms requested) would be where there was a history or allegations of domestic abuse surrounding the grandparent. If there were allegations of this nature, the court would determine on a balance of probabilities whether these allegations were true at a fact-finding hearing and then consider whether they should make a CAO and on what terms. Even in such circumstances, the court may still determine that the children can spend time with their grandparents, but only in such a way as to protect that child’s welfare (perhaps through contact taking place remotely or being supervised).

It would only be in extreme circumstances where the court would determine that no contact should be allowed with a grandparent.

What if a parent objects to a grandparent seeing their grandchild?

If a parent objects, they may raise their reasons with the court. The court will then consider what information they require to decide on the best arrangements for the child.

What if I have a Child Arrangements Order in place, but the parents are preventing me from seeing my grandchildren?

This is an upsetting and frustrating situation that, unfortunately, many people find themselves in. The court will consider why this has happened and what can be done to facilitate the arrangements without difficulty in the future.

The court has in place several mechanisms which it can apply to the parent to enforce your CAO, including:

parenting courses
compensation to be paid (e.g. you had travel tickets that were not used because contact was prevented)
compulsory unpaid work (otherwise known as community service)
a fine
imprisonment – this is an extreme enforcement mechanism, and one the court is unlikely to use, as it would result in depriving the children of their parents. However, if they continue to breach a CAO (which by its nature is in place because it supports the wellbeing of that child), then they risk harming their children’s welfare. Therefore, repeated breaches without reasonable excuse might sometimes result in imprisonment.

In the first instance, the court will look at trying to resolve the issues rather than move to enforcement.

Special guardianship order

This is usually intended for situations when the children cannot live with their birth parents and require secure accommodation. Often the court will look to blood relatives in such a situation and this includes grandparents. A Special Guardianship Order confers parental responsibility for the child subject to the application to the applicant, for example to the grandparent.

The SGO, therefore, allows the special guardian to make day-to-day arrangements for the child and decisions about the child’s upbringing, such as schooling.

To apply for a Special Guardianship Order, as a grandparent, you need to have one of the following:

have in place a CAO
have lived with the child for 3 out of the last 5 years, or because you are a relative of the child, have had the child live with you for the year immediately before application
have consent of the local authority (if the child is in care)
have consent of those with parental responsibility (usually the birth parents but also anyone else with a CAO)
have permission of the court.

Unlike adoption (see below), a Special Guardianship Order does not cut the legal tie of automatic parental responsibility between a child and their birth parents. However, the parental responsibility of the special guardian can be exercised to the exclusion of others with parental responsibility, effectively overriding the parental responsibility of the birth parents. However, there are limits to an SGO which are:

you cannot change the child’s surname or
remove them from the jurisdiction (of England and Wales) for three months or more without the consent of all those with parental responsibility.

Adoption of grandchildren by grandparents

Adoption is a draconian but sometimes necessary measure that will completely sever the legal link between a child and their parents. If the child is not in care and both of their parents are alive, an adoption order will rarely be appropriate. However, it can happen, and an example of where adoption by a grandparent might be appropriate would be where a single mother decides that she does not want to raise her child.

Parents can consent to their child being adopted or generally placed for adoption. The child will need to be six weeks old or older for parents to give such consent. If a child is placed into adoption, the courts will prefer adoption by a blood relative over a stranger.

However, every situation is different, and the starting point is taking specialist legal advice. At Tees, we are here to help you navigate your options and decide which avenue is right for you.

Understanding civil partnerships: Your comprehensive guide

Posted on 26 July 202422 March 2025 by Sarah O'Sullivan

What is a civil partnership?

A civil partnership is a way for couples, whether heterosexual or same sex, to formalise their relationship, without getting married. Civil partners have the same rights as married couples and legal rights covering issues such as:

parental responsibility
inheritance tax
social security
tenancy rights
life insurance recognition
next of kin rights.

There is no legal requirement for a civil partnership to be accompanied by a ceremony or an exchange of vows. Couples can of course choose to incorporate these elements in celebration of their partnership.

Currently, you can only convert a same-sex civil partnership to a marriage.

The common law marriage myth

Only through a valid civil partnership or marriage can a couple acquire automatic legal rights as a couple that protect them in the event of separation or death. It is not the case that a couple who have lived together for a long time and/or have children together will have any legal rights as a couple and responsibilities to support each other in the event of separation – the concepts of ‘common law wife’ and ‘common law marriage’ have no legal status. If you intend to enter into a cohabiting relationship or are in a cohabiting relationship, take advice from a solicitor to ensure that you are protected.

How does civil partnership differ from marriage in the UK?

While both forms of partnership have similar rights from a legal point of view, there are differences in the way they are created and ended.

To enter into a civil partnership, couples are required to sign a civil partnership document in the presence of two witnesses and a registrar. A marriage instead requires the exchange of words (vows) at a formal religious or civil ceremony. The civil partnership certificate includes the names of both parents of each partner, whereas a marriage certificate only includes their fathers’ names.

Consummation is currently a prerequisite for a valid marriage in England and Wales, meaning failure to consummate a marriage is a ground for annulment. Civil partnerships cannot be annulled on a ground of non-consummation. This offers an alternative for those couples who believe that consummation should not be a prerequisite to a formalised partnership.

A civil partnership is ended by a Dissolution Order, but marriage is ended by a Final Order (Divorce); both are lengthy procedures.

Dissolving a civil partnership

If you want to end a civil partnership, you need to apply to the court for a ‘dissolution order’, by confirming that your partnership has irretrievably broken down. You will also need to agree with your partner on how to resolve practical and financial issues. The process used to end a civil partnership is called a ‘dissolution’. The first step is applying for, and completing, a dissolution application form.

Dissolving a civil partnership can be straightforward when both partners are in agreement. However, if you disagree over practical issues (childcare, finances and property) then the process can be longer and more complex and require the involvement of solicitors to aid with negotiations.

When can I apply to end a civil partnership?

You can apply to dissolve a civil partnership one year after you entered into it. To end a civil partnership in England and Wales, one (or both) of you must live in England or Wales (or be domiciled here -i.e. consider their ultimate home to be here). It does not matter in which country you entered into the partnership.

What are the grounds for ending a civil partnership?

You must confirm on the application that the relationship has broken down irretrievably. It is no longer necessary to cite fault – such as unreasonable behaviour or adultery, which was necessary until 2022.

To start the dissolution proceedings, you must complete an application form, which can be made by one partner or both partners as a joint application.

The application can be completed on paper or online and in either case, the court fee for processing the application is £593. You will need to provide your original partnership certificate in the case of an application on paper, or a scanned copy of it if you’re applying online.

What happens after I send the application to the court?

The court will process your application. If you’ve made a sole application, the court will send your civil partner (or their solicitor) a copy of the application and a form to acknowledge receipt of the documentation. The only bases to dispute the dissolution are jurisdiction (i.e. where the divorce should take place), the validity of a marriage or civil partnership or that the civil partnership has already ended.

If you’ve made a joint application with your partner, the court will send both parties a notice of proceedings.

20 weeks after the application was first issued, you (or you and your partner together) can apply for a conditional order, which is the first stage in the dissolution process. In that application, you confirm that the details given in the original application are correct and you wish the proceedings to proceed.

Assuming the application is correct, the court will make a conditional order. Six weeks and one day after the conditional order is made, an application can be made for the final dissolution order which ends the civil partnership.

How long does it take to end a civil partnership?

The application for a conditional order (the first stage) cannot be made less than 20 weeks from the date of the original application, and then the application for a final order cannot be made less than six weeks from the date of the conditional order. However, there are other circumstances that are likely to have an impact on how long it takes to obtain a final order.

Starting the process with a joint application will get the process off to the most conciliatory start. But time will need to be built in for completing and signing documentation on a joint basis.

There can be delays in the court processing the applications. This is beyond the control of the parties or any solicitors involved.

Importantly, it is usually sensible to wait until after a financial agreement has been made (and approved by the court) before applying for the final order. For more information read our article on the importance of obtaining a financial consent order. In many cases reaching a financial agreement (or an agreement in relation to the children of the partnership) takes longer than the dissolution itself. However, it is crucial that the appropriate time is taken for advice and agreement on finances, even if that holds up your final order. A solicitor can advise you on the timing of your application.

Can I separate from my civil partner without getting a dissolution?

Yes. If you want to separate from your civil partner, but don’t want to dissolve the civil partnership (or it’s been less than a year since it was registered). However, the agreement reached regarding your finances will not be fully binding and enforceable unless you have a final dissolution order and the court has approved the agreement. You should also be aware that the financial rights and responsibilities between you will continue until the final order is made (see below).

What are my financial rights after ending a civil partnership?

Separating civil partners have the same financial rights as divorcing couples. They have a right to claim maintenance (‘alimony’), lump-sum payments, property transfers or sales and pension sharing or attachment orders.

Dissolve a civil partnership – expert family law solicitors

Ending a relationship is tough, regardless of the circumstances. Whether the breakup was amicable or acrimonious, it pays to have someone on your side.

While there is little room for dispute in the dissolution of the civil partnership itself, agreeing financial arrangements and arrangements for children can be challenging.

At Tees, a dedicated solicitor will explain your rights and the steps you need to take. We’ll support you at every step and protect your interests. We can support you in the background, equipping you to communicate directly with your partner about arrangements for your dissolution, including financial and children matters; or we can take on that communication for you. Where necessary we can suggest ways to reach agreements on finances and children, such as mediation or arbitration. If other avenues are not appropriate and it becomes necessary to ask the court to determine what happens, we can advise you through that process, while always keeping in mind opportunities for out of court settlement along the way.

Mediation around dissolving a civil partnership

Mediation is a really effective way for a couple to reach an agreement with the help of an independent mediator. You can use a mediation process to sort out disagreements and reach decisions about important things like money, property and childcare. Mediation can be a quicker, less stressful and less expensive alternative to court proceedings. It allows a couple the opportunity to maintain direct communication in a supported environment and helps both partners feel in control of the situation.

An independent, trained mediator will help both parties understand the issues and come to a workable agreement. Tees have specialist mediators on hand to advise you through mediation, and we can ensure a mediated agreement becomes legally binding.

Legal tips for marriage: Prenups, insurance, and more

Posted on 24 July 202422 March 2025 by Sarah O'Sullivan

Planning for your big day? Don’t overlook these key legal considerations to ensure a smooth journey to the altar. From prenuptial agreements to wedding insurance, understanding your rights and responsibilities is crucial. Here’s everything you need to know about wedding insurance, prenups, and marrying abroad.

Is living together the same as marriage?

No, living together doesn’t provide the same legal rights as marriage. Although 3.4 million couples in the UK cohabited in 2023 (source: Office for National Statistics), many are unaware of their lack of legal protections. Cohabiting couples don’t have the same rights regarding inheritance, income, or capital after a partner’s death. If you’re living together, it’s important to understand these limitations.

What is wedding insurance?

Wedding insurance protects your financial investment in case things go wrong with your wedding arrangements. Coverage typically includes things like venue cancellations, lost deposits, food, flowers, and wedding attire. Without insurance, you may be out of pocket if a supplier fails to deliver.

Why should you get wedding insurance early?

Take out wedding insurance as soon as you start planning—before paying any deposits. Some policies may not cover services booked through a wedding planner, so check the terms carefully. Policies also typically don’t cover cancellations due to personal decisions like a breakup. If you’re marrying abroad, ensure you have separate travel insurance for your honeymoon and specialist wedding insurance.

Getting married abroad: What you need to know

If you plan to marry abroad, ensure your marriage will be legally recognized when you return to the UK. For your marriage to be valid:

It must be allowed under UK law.
You must follow the legal requirements of the country where you’re marrying.

If you’re unsure, consult a family law solicitor before your wedding. They can guide you through the process and help you understand whether extra steps are necessary. You’ll also need to research the specific requirements for your destination country. Websites like GOV.UK offer a helpful guide, but a lawyer with knowledge of the country’s marriage laws can provide extra peace of mind.

What is a prenuptial agreement?

A prenuptial agreement (prenup) is a legal contract that determines how assets, debts, and finances will be divided in the event of divorce. To ensure it is enforceable, prenups must be signed at least one month before the wedding, and both parties must provide full financial disclosure. Independent legal advice is essential to ensure both sides understand the terms and implications.

Is a prenup legally binding in the UK?

Yes, but a judge may not uphold it if deemed unfair, especially if it fails to provide adequate provisions for children or a spouse. The agreement must also be free from duress, and both parties should have received independent legal advice. Prenups made under a month before marriage are less likely to be enforced, so plan ahead.

Home ownership and property deeds in marriage

If you own a property before marriage, you may want to transfer the title into both names. If there’s a mortgage, you’ll need the lender’s consent, and if it’s leasehold, you might need permission from the freeholder. For guidance on deed transfers and mortgages, consult a conveyancing solicitor to ensure everything is handled correctly, including any potential stamp duty.

Should I update my will after marriage?

Marriage automatically invalidates any existing will unless it was specifically made ‘in contemplation of marriage’. It’s highly recommended to create a new will before your wedding to ensure your wishes are clearly outlined. If you have a foreign will, consult a legal expert to confirm its validity after marriage.

Will my partner inherit my pension after my death?

Pension rules can be complex, and they vary depending on the type of pension you have. Don’t assume your spouse will automatically inherit your pension. For example, if you’re receiving a final salary pension or have an annuity, changes may not be possible. However, you can make provisions for your spouse by setting them as a beneficiary for pensions and annuities before your wedding. State pensions remain unaffected by marriage.

Equity release can take some of the stress out of divorce

Posted on 16 July 202429 March 2025 by Sarah O'Sullivan

Rose and James are getting divorced late in life. In this scenario, they use the release of equity in their jointly-owned home to help make splitting their assets easier.*

Both aged 73, Rose and James Heath are going through the stressful process of dividing their assets for the financial settlement of their divorce.

Rose wants to stay in the marital home, but James has agreed to move out and buy a new property. They have agreed to divide the value of their house evenly and have £100,000 in joint savings.

With their house valued at £375,000, Rose needs to access £140,000 of equity in the property via a lifetime mortgage, paying the remainder of the money owed to James from her savings.

By choosing a lifetime mortgage, Rose can remain in her home while retaining ownership, guaranteeing no negative equity, and have the option of monthly repayments. James can now access his finances and buy himself a property.

Things to consider

Before applying for equity release, weighing alternative options and looking at the possible effects on your finances is important. These include:

Downsizing and other forms of finance
Compound interest roll-up, if chosen
Early repayment charges
Long-term care and state benefits considerations
A lifetime mortgage may impact the inheritance you leave

Get in touch

Speak to our Wealth Specialist, Toni Chalmers-Smith or Senior Associate Solicitor Catherine Banks at Tees today.

*Examples of customer scenarios only. Every case will be different.

This material is intended for information purposes only and is not intended as an offer or solicitation for the purchase or sale of any financial instrument. It is not intended to provide and should not be relied on for accounting, legal or tax advice. Some information quoted was obtained from external sources we consider to be reliable.

Tees is a trading name of Tees Financial Limited, which is authorised and regulated by the Financial Conduct Authority. Its registered number is 211314.

Tees Financial Limited is registered in England and Wales, registered number 4342506.

Wealthier post-divorce? Protect your assets

Posted on 12 July 202422 March 2025 by Sarah O'Sullivan

Why you need a financial consent order after divorce

Did you know your ex-partner could still claim money from you even after your divorce is finalised? It may seem unfair, but a financial consent order can protect your assets and prevent future claims.

When your divorce or civil partnership dissolution is finalised with a decree absolute, your legal ties are severed, but without a financial consent order, your ex-partner could still make claims against your assets. These claims could arise from any significant change in circumstances, such as:

One partner developing a successful business
Inheriting money or assets
Building pension benefits
Winning the lottery

Without a financial consent order, these claims can be made at any time, leaving you vulnerable. Protect yourself now by securing a financial consent order.

What is a financial consent order?

A financial consent order is a legally binding document that formalises the financial agreement between divorcing couples or those dissolving a civil partnership. It outlines how financial assets, such as property, savings, and pensions, will be divided.

A financial consent order can also prevent future claims from your ex-partner and sever all financial ties (known as a clean break order). The terms of the order will depend on your financial situation and what both parties agree to.

How to obtain a financial consent order

Couples can reach an agreement through direct negotiations, mediation, or solicitor-led discussions. Once an agreement is reached, a solicitor can help draft the consent order and submit it to court for approval.

The court’s role is minimal – it will simply review the financial consent order to ensure it is fair to both parties. Once the judge approves it, the order becomes legally binding after your divorce or civil partnership dissolution is finalised.

Avoid the courtroom

There is no need to attend a court hearing. The court will only review the consent order to ensure fairness. If the judge is satisfied, the order will be approved, providing peace of mind and protecting you from future financial claims.

For more information or a no-obligation consultation, contact Lisa Honey at Tees Solicitors.

Case study: Vince v Wyatt (2015)

The case of Vince v Wyatt highlights the importance of securing a financial consent order, even if you think it’s not necessary at the time of your divorce.

In this case, the couple married in 1981, had one child together, and separated in 1984. Their decree absolute was granted in 1992, but they never entered into a financial agreement (consent order). Ms Wyatt did not request financial support from Mr Vince at the time, and she raised the children alone in difficult financial circumstances.

In 1995, Mr Vince founded a green energy business, Ecoticity, which became highly successful, eventually being valued at £57 million. Meanwhile, Ms Wyatt’s financial situation remained modest.

In 2011, 27 years after their separation, Ms Wyatt applied for a lump sum payment, citing financial hardship. Mr Vince sought to have the claim dismissed due to the long delay since their divorce. However, the case went to the Supreme Court, which ruled that her claim could proceed, despite the lengthy delay.

The case ultimately concluded with Ms Wyatt accepting £300,000 as a full and final settlement. While the couple had no assets when they divorced, a financial consent order could have prevented this prolonged legal battle and the associated costs.

Don’t risk it – protect your financial future and avoid costly disputes by securing a financial consent order today.

Planning for the school holidays

Posted on 3 June 202422 March 2025 by Sarah O'Sullivan

The school holiday season can be stressful enough for separated parents. In this article, we will discuss how to best plan for the holiday.

Every year our family law solicitors advise parents who are facing difficult questions around the holiday periods following separation. For a lot of families, issues centre around deciding with whom the children will spend their time and if there are any issues on where the other parent is taking them if they were going away.

Our advice to co-parents is:

Plan ahead where possible

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

Usually, it is the parents who find adjusting to new arrangements over the holiday time difficult. To make such decisions easier, the key is to plan ahead and not leave difficult decisions to the last minute.

Consider the bigger picture

The aim is to be able to co-parent over the holiday periods 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, and it’s easier for some to achieve this than others.

Talk to each other

If there are no welfare issues and you are struggling to reach an agreement with your co-parent about sharing the school holidays, it is usually quicker and cheaper to use a mediator rather than going to court. They will arrange a meeting with your former partner to agree on how childcare over the holidays will be split. Communication is key: airing your thoughts normally pays off, allowing you to negotiate a fair, practical custody agreement over the school holidays well in advance.

To make the school holiday period work for you, it’s a good idea to put your agreement in writing. This will not only help with organisation, but it will help you both keep track of what’s been agreed upon when you’re making bookings or holiday arrangements again in the future.

Set out a Parenting Plan

There doesn’t have to be a formal process if you can both agree easily which will allow you to tailor the plan to suit both parents. If you’re looking for a good place to start, though, try using this free Parenting Plan template from the Children and Family Court Advisory and Support Service (CAFCASS).

Remember your parental responsibility obligations if going abroad

You must have the express permission of everyone with parental responsibility before taking a child outside of England and Wales. Taking a child abroad without the permission of the court or everyone with parental responsibility is child abduction.

Some international borders require sight of a written permission letter from the other parent and might ask to see this or other evidence of this consent before allowing you to travel. Therefore, to avoid delays, make arrangements in advance of travel for the handing over of passports and permission letters (we would suggest that this letter includes the other parent’s contact details and details about the trip).

Nesting: What is it and does it benefit children?

Posted on 28 March 202422 March 2025 by Sarah O'Sullivan

You may have come across the term ‘nesting’ or ‘birdnesting’ in the context of post-separation parenting and divorce. In this piece, we look at nesting, its benefits and disadvantages.

Nesting defined

Nesting is a co-parenting arrangement where the children remain in the family home and the mum and dad alternate living there.

In some cases, parents will jointly secure (whether by renting or buying) a second (usually smaller) property where each parent will stay while the other parent is staying with the children. In other cases, each parent has separate alternative accommodation, possibly with family members or friends, if resources do not allow them to rent or buy.

Nesting aims to provide consistency and reduce upheaval for children during their parents’ separation. By keeping the children in a familiar environment, nesting helps preserve a sense of routine and security.

What are the benefits of nesting?

Nesting enables the children to maintain a single, familiar home environment, rather than having to move between two different houses. Particularly in the early stages of parents’ separation, staying in the same home can alleviate any anxiety and aid in adjusting to the changes in their family dynamic.

Maintaining two-family homes following separation can be financially challenging, as it often involves duplicating expenses such as rent or mortgage payments, utilities, and household supplies. Nesting can ensure that children spend time with each parent in a home that is appropriate for their needs.

Where there are limited resources, nesting can be used as an interim solution until a family home is sold and the proceeds divided, when both parents can purchase or rent their own homes.

Practical arrangements can also be easier for children in a nesting arrangement – there is no need for two sets of clothes, furniture and toys, for example.

What are the disadvantages of Nesting?

Despite its several benefits, nesting is not appropriate or beneficial for all families in all circumstances. Nesting requires parents to maintain open communication, cooperation, and a willingness to set personal differences aside for the sake of creating a single harmonious home environment for the children. It also requires mutual respect for the other’s personal space and privacy in the shared home.

Depending on the circumstances of the relationship breakdown, it might be too difficult or painful for parents to continue to share a home, even if they are not staying there at the same time, and any unhappiness or conflict that occurs, as a result, could impact the children.

Even parents with a good co-parenting relationship might find that sharing responsibility for a home after separation can be difficult to coordinate, and petty annoyances over, for example, who stocks the fridge and cleans the bathroom, can create friction.

In communicating with their children about a nesting arrangement, parents need to protect against the risk of confusion or mixed messages about their parent’s relationship. Seeing their parents alternating living in the family home might create false hope for reconciliation or contribute to a sense of uncertainty.

While nesting might work well in the short term arrangement, it is usually not appropriate in a longer term living arrangement where children may benefit from making a home with each parent separately.

While it offers stability and continuity, it may also introduce confusion and require careful management from the parents. Tees family solicitors can help provide guidance on the legal aspects of nesting and help ensure the children’s best interests are prioritised throughout the process.

Stonewalling: Domestic abuse

Posted on 26 March 202423 April 2025 by Sarah O'Sullivan

Domestic abuse includes various forms of harm, both visible and invisible. In this article we look at one form of invisible abuse – stonewalling – and aim to shed light on its profound impact on victims, and strategies to recognise and deal with it.

Stonewalling as a form of domestic abuse

When carried out intentionally, stonewalling can be a manipulation tactic involving deliberately refusing to communicate, withdrawing from interaction, and/or avoiding discussions. Intentional stonewalling by an emotionally abusive or controlling partner can be used to exert power and manipulate circumstances. Its subtle nature makes it challenging to detect, but its effects can be deeply damaging over time. It can demean a partner while gaining control over a situation.

The psychological impact of stonewalling is significant, with victims often grappling with feelings of severe loneliness, anxiety, and depression. The persistent rejection and silence from their partner can lead to self-doubt, and over time, erode their self-esteem, self-confidence and communication skills.

Context is key – unintentional stonewalling can arise outside a domestic abuse context, when individuals, often through learned habits, refrain from communicating to manage challenging or sensitive subjects, or to avoid escalating a conversation, without intending to manipulate or cause any harm to someone else. While hurtful and upsetting, this behaviour is not domestic abuse.

Recognising stonewalling

Identifying subtle signs of stonewalling in a relationship can be challenging, as they are often not obvious.

The following are examples of indicators of stonewalling by a perpetrator of domestic abuse.

Avoiding eye contact, intentionally appearing aloof and disinterested.
Giving the silent treatment, ignoring questions or attempts to initiate discussions.
Avoiding meaningful conversation and/or refusing to discuss significant issues.
Withdrawing from discussions.
Emotional detachment or distancing, appearing indifferent or unresponsive to the emotional needs or concerns of the other person
Physical withdrawal, including leaving a room during a conversation or turning their back on a partner while they are talking
Deflecting blame, making excuses or refusing to admit fault, failing to take responsibility for the impact of their actions and behaviours on others.

Stonewalling does not typically involve an isolated incident but rather a pattern of behaviour, often carried alongside other abusive behaviours.

What can a victim do about stonewalling?

For a victim, recognising that intentional stonewalling is being used as a form of manipulation, control and abuse and is not a reflection of their own inadequacies is the first step to breaking free from such destructive patterns. Seeking the right professional support can provide the person being stonewalled with the necessary tools to heal from the emotional scars, regain a sense of self-worth and find a way out of abusive situations.

Reaching out to trusted friends, family members, or support groups can provide emotional support and guidance. Sharing experiences with others who understand can help a victim feel less isolated.

Professional counselling and therapy can help someone to rebuild and recover from an abusive relationship including one that has involved stonewalling. However, legal advice might also be needed.

The legal definition of domestic abuse was expanded by the Domestic Abuse Act 2021 and this has led to an increased awareness and understanding of non-physical forms of abuse and better support and legal protections for victims of such abuse. Victims of domestic abuse of any kind have the legal right to protection, and at Tees, we are experienced in helping clients in these situations.

Our solicitors can help you apply for the right court order to protect you and can support you through the process. We can also help you if your partner or abuser breaks the terms of a court order.

If you are in immediate danger from domestic abuse, call the police – dial 999.