Seperation 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.

Pet-nuptial agreements – plan ahead to save heartache

Posted on 18 March 20259 May 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.

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:

Understanding civil partnerships: Your comprehensive guide

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

What is a civil partnership?

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

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

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

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

The common law marriage myth

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

How does civil partnership differ from marriage in the UK?

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

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

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

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

Dissolving a civil partnership

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

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

When can I apply to end a civil partnership?

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

What are the grounds for ending a civil partnership?

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

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

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

What happens after I send the application to the court?

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

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

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

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

How long does it take to end a civil partnership?

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

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

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

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

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

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

What are my financial rights after ending a civil partnership?

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

Dissolve a civil partnership – expert family law solicitors

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

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

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

Mediation around dissolving a civil partnership

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

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

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.

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.