Divorce Archives

Tees’ expertise resolves complicated divorce financial settlement

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

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

For context:

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

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

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

What happened next:

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

the initial shares, and
any future shares.

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

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

A multi-disciplinary service:

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

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

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

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

Tees’ expertise resolves complicated divorce financial settlement

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

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

Background

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

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

The challenge

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

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

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

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

Navigating the settlement

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

A multi-disciplinary approach

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

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

The outcome

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

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

*Names have been changed to protect client confidentiality.

Pet-nuptial agreements – plan ahead to save heartache

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

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

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

Pets as assets

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

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

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

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

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

What is a pet-nuptial agreement?

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

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

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

The advantages of a pet nuptial agreement include:

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

Is a pet-nuptial agreement legally binding?

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

What will you be agreeing to?

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

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

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

Pets with financial value

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

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

How does divorce affect your pet?

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

Should a pet be shared?

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

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

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

How to make a pet-nuptial agreement

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

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

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

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

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

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

Our expertise in divorce settlements and school fees

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

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

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

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

Financial remedy consent orders for school fees

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

Modifying a current order

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

Steps you can take now

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

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

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

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

Have you agreed on Christmas holiday arrangements for your children?

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

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

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

Plan ahead where possible

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

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

Consider the bigger picture

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

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

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

Talk to each other

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

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

Don’t leave your plans to the last minute

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

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

Tees shines a light on men’s mental health

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

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

The emotional toll of divorce on men’s mental health

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

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

Breaking the stigma: Encouraging men to seek support

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

Insights from Tees’ Family Law Team

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

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

He continues:

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

The importance of professional support

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

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

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

Moving forward: A path to resilience

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

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

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

Key legal steps for parents: Relocating with children after divorce

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

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

What is relocation?

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

Common Reasons for Relocating with a Child After Divorce

Parents may seek to relocate for various reasons, including:

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

Understanding parental rights and legal considerations

How far can I move with my child?

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

Moving abroad with your child

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

If a child arrangements order is in place:

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

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

What if my ex-partner agrees to the relocation?

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

What if my ex-partner refuses to agree?

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

Court Considerations in Relocation Cases

Key factors the court will assess include:

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

Costs and Timeframes for Relocation Applications

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

How to approach relocation discussions with your ex-partner

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

Get Expert Legal Advice

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

Cyber stalking: How to combat the tech bullies

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

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

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

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

How can I protect myself from cyber-stalking?

Digital break up

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

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

Turn off location services

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

Change your passwords

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

Update cloud account settings

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

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

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

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

Social media activity and stalking

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

Tracking devices used by stalkers

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

Spyware

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

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

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

Cyberstalking – how to get help

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

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.