Family Law Archives

Empowering excellence: Helen Midgley joins the partnership at Tees

Posted on 23 March 202429 March 2025 by Sarah O'Sullivan

Tees is proud to announce the appointment of a new Partner within the Families and Divorce team. Helen Midgley, who becomes a Partner in April, has shown a remarkable talent and commitment to providing exceptional legal services.

Helen began her legal career with Tees in 2013 by completing the week-long summer vacation scheme at Tees and joined the firm later that year as a trainee Solicitor. Her appointment from newly qualified to Partner in less than a decade is a tribute to her dedication and expertise.

Helen is passionate about nurturing the next generation of legal talent: she now manages Tees’ vacation scheme and is actively involved in selecting all new trainee Solicitors. Her legal practice spans a wide range of family cases including divorce proceedings, financial settlements, child arrangements and cohabitation disputes. Her untiring support for clients makes her an invaluable part of the Families and Divorce team and the wider firm.

In addition to her exceptional legal skills and her considerable empathy with clients, Helen is an experienced Family Mediator, shortly to complete accreditation, which brings a unique perspective to the team. Helen also advises couples on a joint basis, adopting the innovative Resolution Together approach (one couple, one lawyer), to reduce unnecessary conflict in separating families.

Helen commented: “Tees’ key values include empathy, collaboration and straightforwardness and I have strongly identified with these ever since I joined the firm. I am very proud to have been invited to join the Partnership in such a short time and I hope that this will encourage enthusiastic individuals to consider a career with Tees.

I look forward to working with my Families and Divorce team colleagues to continue delivering an excellent client experience and, particularly, to develop our Non-Court Dispute Resolution Services, to offer sympathetic and constructive alternatives to court as a way of settling family disputes.”

Senior Partner, Catherine Mowat comments: “I am delighted to see Helen join the Partnership. She has firmly established herself in the Bishop’s Stortford and wider business community and brings a wealth of experience, becoming a trusted adviser to many clients.

We are proud to continually support career progression at Tees and Helen very much deserves her new position. She joins the Partnership at an exciting time as we continue to grow and develop our business whilst keeping the delivery of exceptional service to our clients at the heart of everything we do. I look forward to seeing Helen’s further achievements in the years ahead.”

Helen Midgley’s appointment signifies Tees’ ongoing commitment to recognising and elevating talent within the firm and continuing to deliver the highest standards of legal services to our clients.

Tees has also announced nine senior staff promotions across the firm: six to Senior Associate and three to Associate.

2024 Promotions:

Partner

Helen Midgley, Families and Divorce

Senior Associate

Catherine Banks, Residential Property
Frances Gill, Private Client
Isobel Foenander, Medical Negligence
Rachel Benton, Medical Negligence
Jason Torrance, Dispute Resolution and Litigation
Lisa Honey, Families and Divorce

Associate

Andrew Harrison, Commercial Property
Chantae Clark, Medical Negligence
Sophie Stuart, Medical Negligence

Demystifying spousal maintenance

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

Spousal maintenance, also known as spousal support or alimony, is a financial payment made by one spouse or civil partner to the other on a regular basis to help meet their financial needs. While the legal term is “periodical payments,” many people refer to it as spousal maintenance for ease of understanding. In this article, we’ll use the term spousal maintenance, and note that “spouse” includes civil partners as well as husbands and wives.

What is the purpose of spousal maintenance?

The primary goal of spousal maintenance is to assist the financially weaker party as they transition to financial independence. In some cases, if financial independence is not achievable, payments may continue until one party passes away, although indefinite maintenance orders are now less common.

Courts carefully consider several factors to determine both the amount (known as the “quantum”) and the duration (known as the “term”) of spousal maintenance. Let’s explore who qualifies, how payments are calculated, and other essential details.

Who can apply for spousal maintenance?

Anyone going through a divorce or dissolving a civil partnership can request spousal maintenance. However, it is not a guaranteed part of a financial settlement. The court’s primary objective is to achieve financial independence for both parties where fair and possible.

It’s important to note that the higher-earning spouse will not automatically be required to pay spousal maintenance. Factors such as the length of the marriage, each party’s financial resources, and their earning capacities are all taken into account. Crucially, spousal maintenance is needs-based, not income-equalising.

How is spousal maintenance calculated?

There is no strict formula for calculating spousal maintenance. Instead, the court relies on detailed budgets prepared by both parties. These budgets should outline all essential monthly expenses, including mortgage or rent, utilities, groceries, fuel, and clothing, as well as discretionary expenses like holidays and entertainment.

Payee’s Budget: Demonstrates the financial shortfall the receiving spouse needs to cover their reasonable expenses.
Payer’s Budget: Establishes whether they have sufficient surplus income to meet the requested maintenance payments.

Both parties may need to adjust their expectations, as maintaining two separate households is often more expensive than maintaining one. Spousal maintenance is generally viewed as a temporary support mechanism, encouraging the payee to become financially self-sufficient.

How long does spousal maintenance last?

While courts in England and Wales are known for their generosity with spousal maintenance orders, permanent or “joint-lives” orders are increasingly rare. The court often imposes a fixed-term order, giving the recipient time to achieve financial independence.

If the parties can reach an agreement through solicitor negotiations, this can be formalized in a court order. If not, the court will make a determination. Documentation is crucial to ensure any agreed payments are enforceable.

What happens if my ex refuses to work?

Both parties are generally expected to maximize their earning capacity. If a spouse refuses to seek employment without a valid reason, the court may impute an income to them, assuming they could reasonably earn a specified amount.

What events can impact spousal maintenance?

1. Death

Spousal maintenance usually ends upon the death of the paying party unless the order specifies otherwise.

2. Remarriage

If the payee remarries, spousal maintenance automatically ceases.
If the payer remarries, maintenance payments remain unaffected.

3. Cohabitation

Cohabitation by the payee may be grounds for reducing or terminating spousal maintenance, but it is not automatic unless specified in the court order.

4. Change in Circumstances

If either party’s financial situation changes, an application can be made to the court to vary the maintenance order. For example, the payer may request a reduction if they lose their job, while the payee may apply for an increase if their financial situation deteriorates.

How does child maintenance impact spousal maintenance?

Child maintenance is handled separately from spousal maintenance. Child-related expenses (such as school uniforms and extracurricular activities) are accounted for in a different budget.

For most families, child maintenance is calculated using the Child Maintenance Service (CMS) formula. In some cases, such as when the paying parent has a high income or lives abroad, the court may have the authority to determine child maintenance. Even if child maintenance is included in a court order, either party can apply to the CMS for a recalculation after 12 months.

Final thoughts

Spousal maintenance can be a complex and sensitive issue, with outcomes varying significantly depending on individual circumstances. Seeking legal advice is essential to ensure you understand your rights and responsibilities. Whether you are negotiating an agreement or pursuing a court application, professional support can help you achieve a fair resolution.

For more guidance on spousal maintenance or other family law matters, contact a qualified solicitor to explore your options.

Tees leads discussion with local MP about the future of family justice

Posted on 27 November 202329 March 2025 by Sarah O'Sullivan

Last week, Tees’ Family Law team invited Julie Marson, MP for Hertford and Stortford into the Tees Law offices to discuss the reform needed to support families using the family justice system. This was organised ahead of Resolution Awareness Week, which started this week.

On Monday 27 November, Resolution, the organisation of family lawyers committed to promoting a constructive approach to family issues, launched its Vision for Family Justice – a blueprint for the future family justice system – at a special parliamentary event.

As members of Resolution, Tees Family Law team were keen to give their local MP their perspectives on and experiences of supporting families going through divorce and family breakdown, and to highlight the work to make divorce less confrontational and the plans to shape the future of family justice creating a fair system that works for Tees’ clients.

This year marks the 40th Anniversary of Resolution, which was established by family lawyers who believed that a non-confrontational approach to family law issues would produce better outcomes for separating families and their children. Nowadays, Resolution’s members, including all of Tees’ Family Law team across six offices, encourage clients to consider non-court dispute resolution, such as mediation and arbitration, and now offer one lawyer, one couple legal advice.

Sally Powell, Partner of the Family Law team, said:

“We were really pleased that Julie Marson MP was able to spend some time with us on Friday to talk through some of the pressing family law issues, such as the rights of cohabitants and the difficulties users are facing in the family justice system. We talked about the unfair outcomes for cohabitants in relationship breakdown, often when children are involved, and also discussed the extreme delays that Julie’s constituents are facing, particularly through Chelmsford Family Court.

Julie noted our concerns and agreed to come back to us about her Party’s policy in relation to the rights of cohabitants and she agreed to meet with the Courts Minister, Mike Freer MP, to discuss the damaging delays that current court users, particularly of the Chelmsford Family Court, are having to endure.”

It’s so important that policymakers fully understand what’s needed so that we can shape the future of family justice to benefit families, giving access to early legal advice and avoiding delays and protracted court proceedings.

This was a great way for Tees to start the conversation with Julie Marson MP, and to give her insight into our work and the experiences of our clients. We hope this will encourage the changes needed to create a fairer family justice system for all.

Modernising fertility law: HFEA’s proposals

Posted on 2 November 202322 March 2025 by Sarah O'Sullivan

In November 2023, the Human Fertilisation and Embryology Authority (HFEA) outlined a series of recommendations to modernise fertility laws in England and Wales. These reforms aim to enhance patient care, ensure legal clarity, and keep pace with advancements in reproductive science.

Why reform is needed

The HFEA, as the regulator of fertility treatment in the UK, plays a critical role in protecting patients. Since the introduction of the Human Fertilisation and Embryology Act in 1990, fertility law has faced challenges due to outdated legislation. Judges in family law courts often have to interpret the law, leading to inconsistent outcomes, particularly regarding legal parenthood.

The HFEA’s recommendations address these gaps by focusing on four key areas:

Patient Safety and Best Practices
Access to Donor Information
Consent
Scientific Developments

Enhancing patient safety and best practices

To strengthen patient protection, the HFEA proposes stricter regulatory controls and expanded enforcement powers for licensed clinics. This would ensure clinics meet high standards of care, reducing the risk of legal complications for families undergoing fertility treatment.

Improving access to donor information

Recent legislative changes have enabled donors to access information on previously anonymous donations. The HFEA recommends providing donors with mandatory implications counselling before treatment. Additionally, clinics would be required to offer clear guidance to both donors and recipients on the implications of accessing this information.

Addressing consent complexities

Current laws surrounding consent for fertility treatment, embryo storage, and embryo use are ambiguous. Judges often face difficult decisions in cases involving consent disputes, particularly in situations of relationship breakdown or posthumous conception. The HFEA’s proposals call for clearer legal definitions to protect all parties and provide greater certainty for families.

Embracing scientific developments

With rapid advancements in reproductive technology, the HFEA also advocates for more flexibility in the law. Granting the HFEA greater discretion to adapt regulations in response to scientific progress will ensure the legal framework remains relevant and responsive.

The need for timely legal reform

Since its introduction, the Act has only undergone one significant update in 2008, which expanded parental rights for same-sex female couples. While this was a positive step, it also introduced complexities in legal parenthood determination. Many families face uncertainty and legal challenges due to the outdated framework.

Despite increasing calls for reform, including on the HFEA’s 30th anniversary in 2020, progress remains slow. As fertility treatments become more common, modern legal protections are essential to reflect the diverse family structures of today.

How Tees Law can help

At Tees Law, we frequently assist parents navigating the legal aspects of fertility treatment. From reviewing documentation to ensuring legal parenthood is established, our experts provide comprehensive support. We also offer guidance on consent and storage disputes, particularly during family breakdowns.

Furthermore, our clinical negligence team welcomes the HFEA’s emphasis on patient safety. Enhanced regulatory oversight can prevent instances where clinic errors lead to complex legal battles over parenthood.

Conclusion

While legislative changes are yet to be implemented, the HFEA’s recommendations represent a positive step toward safeguarding patients and modernising fertility law. At Tees Law, we support these efforts and remain committed to helping families achieve legal security and peace of mind throughout their fertility journeys.

For expert legal support on fertility law and parental rights, contact our team today.

The registration of matrimonial home rights

Posted on 19 April 202322 March 2025 by Sarah O'Sullivan

What Are Matrimonial Home Rights?

Matrimonial home rights apply to properties used as the primary residence by married couples or civil partners. Establishing legal rights over the matrimonial home is often a key issue during divorce or separation. If a spouse is not listed as a legal owner, they may need to register a notice of their matrimonial home rights against the property.

Why Register Matrimonial Home Rights?

Registering matrimonial home rights offers protection to non-owning spouses, ensuring they have the legal right to remain in the home. This registration helps prevent eviction and serves as a formal notification to potential buyers or lenders that the non-owning spouse has occupancy rights. The application is made through the Land Registry.

Steps to Register Matrimonial Home Rights

The process for registering matrimonial home rights differs depending on whether the property is registered or unregistered. Follow these general steps for properties in England and Wales:

1. Confirm Legal Ownership

Joint Owners: If both spouses are named as legal owners, there is no need to register matrimonial home rights. Both parties’ interests are evident on the title, and both must consent to any sale or mortgage.
Sole Ownership: If only one spouse is the registered legal owner, the non-owning spouse can apply to register their home rights.

2. Check Property Registration Status

To determine if the property is registered, submit a Land Registry Form SIM to apply for an official search of the index map.

3. Complete the Correct Form

Unregistered Property: Complete Form K2 and submit it to the Land Charges Department. This creates a land charge that will appear on future property searches.
Registered Property: Complete Form HR1 and send it to the Land Registry. This registers a formal notice on the property’s title.

4. Pay the Applicable Fee

A fee may apply when submitting your form. Visit the HM Land Registry Fees page for more information.

5. Receive Confirmation of Registration

Once your application is processed, you will receive a registration notification. The legal owner of the matrimonial home (the “registered proprietor”) will also be notified. Keep the confirmation document safe, as it may be needed in legal proceedings.

Important Considerations

No Impact on Ownership: Registering matrimonial home rights protects the right to occupy the property but does not confer ownership. Ownership disputes are typically resolved during divorce or separation proceedings.
Legal Assistance: Navigating the registration process can be complex. Our Residential Property Team at Tees is here to assist you with every step. For further guidance on property rights and ownership, contact our Family Law Team.

For personalised advice, reach out to Tees today and secure your legal rights over your matrimonial home.

The legal rights of unmarried couples living together

Posted on 28 December 202222 March 2025 by Sarah O'Sullivan

Living together without getting married is a common choice for many couples. However, it’s essential to understand the legal differences between cohabiting and being married. Unlike married couples, unmarried partners don’t have the same legal protections if the relationship ends or one partner passes away.

In this guide, Joshua Coombe, Partner and Family Law Solicitor at Tees, outlines the key legal rights of unmarried couples and how to protect yourself.

What does cohabiting mean?

Cohabiting refers to couples living together without being married or in a civil partnership. While it’s a popular choice, cohabiting couples have fewer legal rights than their married counterparts.

A cohabitation agreement can be a practical step to clarify finances, property rights, and responsibilities in case the relationship ends.

Common law marriage: Myth or reality?

The idea of common law marriage is a widespread misconception. In the UK, common law marriage has not existed since 1753. No matter how long you live together, you won’t acquire the legal rights of a married couple.

Financial rights of unmarried couples

Unmarried couples have no legal financial responsibility towards each other if they separate. Unlike divorce, there is no entitlement to spousal support. However, parents have a financial responsibility for their children, which can be enforced through the Child Maintenance Service.

Parental rights for unmarried parents

Mothers automatically have parental responsibility.
Fathers only have parental responsibility if they are named on the birth certificate or are married to the mother.
Joint registration at birth provides legal rights and responsibilities for both parents.

Property rights for unmarried couples

If a couple breaks up, property ownership is typically determined by whose name is on the title deeds or lease. If one partner contributed financially without being named, they may have a claim under trust law, but this can be legally complex.

A declaration of trust can help avoid disputes by clearly defining ownership rights.

Inheritance rights for unmarried couples

Unmarried couples have no automatic inheritance rights if a partner dies without a will. The deceased’s estate will be distributed according to intestacy laws, which do not recognize unmarried partners.

However, under the Inheritance (Provision for Family and Dependants) Act 1975, a surviving partner may be able to make a claim if they were financially dependent on the deceased.

How to protect yourself as an unmarried couple

To safeguard your interests, consider the following steps:

Cohabitation agreement: Clearly set out financial responsibilities and property ownership.
Make a will: Ensure your partner is provided for in the event of your death.
Life insurance: Provide financial support for your partner if you pass away.
Pension review: Check that your pension can be passed to your partner.
Tax advice: Unmarried couples do not benefit from the same tax exemptions as married couples. Specialist advice can help you manage this.

Legal reform and the future for cohabiting couples

In August 2022, the House of Commons Women and Equalities Committee recommended significant legal reforms to improve protections for cohabiting couples. While the Government rejected most proposals, the campaign for change continues.

Until reforms are implemented, seeking legal advice and planning for the future is essential for cohabiting couples.

Need legal advice? At Tees, we offer expert advice on cohabitation agreements, wills, property disputes, and parental rights. Contact us today to ensure your rights are protected.

Caroline Andrews reflects after speaking at AEPOCS conference

Posted on 1 November 202230 March 2025 by Sarah O'Sullivan

Caroline Andrews, a Fertility Law Solicitor, was invited by the Androgen Excess and Polycystic Ovary Syndrome Society (AEPCOS) to speak on behalf of Verity, a national charity for PCOS, at their annual conference in California, USA. She attended in her role as a volunteer trustee.

At the conference, Caroline emphasised the importance of providing comprehensive support to patients with fertility-affecting conditions. Beyond medical interventions, she highlighted the need for emotional and legal support in an increasingly complex world.

Reflecting on her experience, Caroline noted the stark differences between Fertility Law in the USA and in England and Wales. She shared her insights on fertility treatment and surrogacy practices across these jurisdictions.

Caroline’s perspective on fertility law differences

“It was fascinating to observe how fertility treatment and surrogacy laws differ in the USA compared to here.

In some US states, anti-abortion laws have led to embryos being granted ‘personhood rights.’ This legal shift has significant implications for IVF procedures. In contrast, England and Wales are governed by the Human Fertilisation and Embryology Authority (HFEA), which provides clear regulations on the storage and use of embryos. Hearing firsthand from American women about the impact of Roe v Wade’s repeal was deeply moving.

In July this year, an amendment to the HFEA Act 2008 extended the storage period for embryos, sperm, and eggs to 55 years, subject to the consent of both parties every ten years. Cases in England have debated what constitutes valid consent, particularly when one party passes away. A notable contrast is the USA, where legal disputes like the high-profile case of Sofia Vergara and her ex-partner have brought these issues to light. With more people considering the freezing of eggs, sperm, or embryos, understanding both the medical and legal implications is essential.

Some US states have introduced laws requiring medical insurance to cover certain fertility treatments, helping mitigate the significant costs involved. Meanwhile, in England, the Competition and Markets Authority (CMA) released a report in September 2022, highlighting compliance issues in fertility clinics and concerns about unexpected additional costs. This report is a valuable resource for anyone considering fertility treatment.

Surrogacy law: An international perspective

Regarding surrogacy, the legal framework in England and Wales is often viewed as outdated. The surrogate remains the legal parent until a parental order is granted post-birth. Although the Law Commission has proposed changes to modernise surrogacy law, implementation remains a distant prospect. As a result, some individuals pursue international surrogacy, but they must be cautious about the varying legal restrictions across US states and in England.

A final thought

As a patient representative in my spare time, I’m acutely aware of the emotional, physical, and financial toll of fertility treatment. However, as a family lawyer, I believe it’s equally important for people to consider the legal implications of their choices. How these laws will evolve remains to be seen.”

Stay tuned for a video link to Caroline’s full presentation.

Divorce financial settlements: Your comprehensive guide

Posted on 18 July 202222 March 2025 by Sarah O'Sullivan

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

What is a divorce financial settlement?

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

How to achieve a fair financial dettlement

Step 1: List and value your assets

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

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

Step 2: Consider mediation or legal assistance

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

Factors influencing asset division

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

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

Understanding matrimonial vs. non-matrimonial assets

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

Addressing common questions

1.Will my partner receive half of my assets?

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

2.What happens to my pension?

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

3. Who is responsible for debts?

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

4. What if my partner hides assets?

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

5. Is my inheritance at risk?

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

Finalising your divorce settlement

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

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

Need expert legal support?

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

Adultery in divorce settlements

Posted on 6 April 202222 March 2025 by Sarah O'Sullivan

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

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

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

Does adultery affect the divorce settlement?

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

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

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

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

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

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

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

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

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

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

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

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

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

‘No fault’ divorce law

Posted on 24 March 202222 March 2025 by Sarah O'Sullivan

What is no fault divorce?

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

Now there is only one ground for divorce

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

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

Eradicate the blame game

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

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

Important changes to divorce law

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

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

Defending divorce proceedings

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

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

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

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

Is no fault divorce a good thing?

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

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

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

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

Will no fault divorce impact me?

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

Financial arrangements in divorce

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

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

Pension funds are key to establishing a ‘fair share’

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

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

The importance of seeking independent financial advice

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

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

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