Divorce Archives

Equity release can take some of the stress out of divorce

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

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

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

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

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

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

Things to consider

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

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

Get in touch

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

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

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

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

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

Wealthier post-divorce? Protect your assets

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

Why you need a financial consent order after divorce

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

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

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

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

What is a financial consent order?

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

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

How to obtain a financial consent order

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

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

Avoid the courtroom

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

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

Case study: Vince v Wyatt (2015)

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

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

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

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

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

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

Planning for the school holidays

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

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

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

Our advice to co-parents is:

Plan ahead where possible

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

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

Consider the bigger picture

The aim is to be able to co-parent over the holiday periods in such a way that your child will understand that both parents love them and want to spend positive periods of time with them. However, we understand that separation can be a bumpy road, and it’s easier for some to achieve this than others.

Talk to each other

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

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

Set out a Parenting Plan

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

Remember your parental responsibility obligations if going abroad

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

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

Nesting: What is it and does it benefit children?

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

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

Nesting defined

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

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

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

What are the benefits of nesting?

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

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

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

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

What are the disadvantages of Nesting?

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

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

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

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

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

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

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.

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.

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.

What is a child arrangements order during divorce or separation?

Posted on 2 December 202123 March 2025 by Sarah O'Sullivan

A child arrangements order is a legal document that formalises childcare agreements between parents who are going through a divorce or separation. It determines critical aspects such as where the children will live and how much time they will spend with each parent.

This type of court order is typically necessary when parents cannot reach a mutual agreement on childcare arrangements. Ideally, parents should try to resolve these issues amicably, often with the assistance of a mediator. However, if disputes remain unresolved, applying for a Child Arrangements Order through the court may be the best option.

Why might you need a child arrangements order?

You may require a Child Arrangements Order if:

You are unable to agree on custody or visitation arrangements.
One parent is not adhering to a previously agreed-upon schedule.
There are concerns about a parent neglecting their responsibilities.
Mediation has failed to resolve disagreements.

If both parents are cooperating and the existing arrangements are working, a court order is typically unnecessary.

How to apply for a child arrangements order

Attempt mediation first:
- Before applying for a child arrangements order, you are legally required to attend a Mediation Information and Assessment Meeting (MIAM) unless there are valid reasons not to do so, such as instances of domestic abuse.
Seek legal advice:
- A solicitor can guide you through the process, helping you prepare your application and submit it to the court.
Attend court hearings:
- Both parents will need to attend a court hearing, where a judge or magistrate will assess the situation.
- A representative from the Children and Family Court Advisory and Support Service (CAFCASS) may also provide input by producing a safeguarding report and making recommendations.
Decision making:
- The court will prioritise the child’s welfare, considering factors like their wishes, feelings, and overall needs.
- If an agreement cannot be reached during the initial hearing, further evidence may be required before a final decision is made.

Specific issue orders and prohibited steps orders

In addition to Child Arrangements Orders, the court may issue:

Specific issue orders: For resolving specific disputes, such as which school a child should attend or whether they should follow a particular religion.
Prohibited steps orders: To prevent a parent from taking certain actions, like relocating a child abroad without consent.

Child arrangements orders vs. special guardianship orders

A Special Guardianship Order (SGO) grants parental responsibility to someone other than the child’s parents, often in cases where parents are unable to provide proper care. Unlike a Child Arrangements Order, an SGO allows the guardian to make decisions without requiring parental approval, although some significant decisions still require consent.

Can grandparents apply for a child arrangements order?

Yes, grandparents or other relatives can apply for a Child Arrangements Order, although they need the court’s permission first. This may be relevant if they have been acting as the child’s primary caregivers or if they wish to establish visitation rights.

How to change a child arrangements order

While Child Arrangements Orders are intended to provide long-term stability, circumstances can change. If significant changes occur, such as a parent relocating, remarrying, or experiencing financial difficulties, you can apply to modify the order. The court will reassess the child’s best interests before making any adjustments.

Expert legal support for child arrangements orders

Navigating the complexities of child custody during a separation can be challenging. Seeking the advice of our specialist family law solicitor can ensure that your child’s best interests remain the priority. Professional legal support can help formalise arrangements and provide clarity and reassurance during this difficult time.

For further guidance on child arrangements orders, contact our experienced family law team today.