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What To Do If Your Marriage May Be Over: A Supportive Guide

Posted on: September 29th, 2025 by Ella Darnell

If you’re wondering what to do if your marriage is ending, start with three key actions: speak to a family law solicitor, gather essential financial records, and keep your children’s routines stable.

Realising that your marriage may be coming to an end can feel overwhelming. It’s not just a legal process—it’s an emotional journey, and often one that touches every part of your life. You may be worried about your children, your home, your finances, or even how to begin having the conversation with your partner. Many people feel guilt, confusion, or fear of the unknown.

The important thing to remember is: you are not alone, and you don’t need to have all the answers straight away. Taking small, informed steps now can give you a sense of control and help you move forward with clarity and confidence.

Here are ten practical and constructive steps to consider:

  1. Speak to a family lawyer early

Even if you’re not sure whether you want to separate, getting clear advice can take away some of the uncertainty. We’ll explain the divorce process, what happens with finances, and how children’s arrangements are dealt with.

Early legal advice helps you understand your options before making big decisions.

  1. Understand how divorce works now

Since April 2022, divorce in England and Wales is “no-fault.” This means you don’t have to blame your spouse for the breakdown of the marriage. This change reduces unnecessary conflict and makes it easier for couples to separate constructively.

You can now apply for divorce without assigning blame—simply stating the marriage has irretrievably broken down.

  1. Organise your finances

Start by pulling together key information on:

  • Assets (homes, pensions, savings, businesses)
  • Income (Salary, dividends, benefits)
  • Debts (Credit cards, mortgages, loans)

You don’t need everything at once, but a broad picture helps. It can be important to record the facts at the date of separation, as these could be important later when financial claims are considered and often there is a delay between separation and dealing with financial claims and facts are lost.

  1. Put your children first

Children’s wellbeing is the court’s first priority. Try to reassure them, keep routines stable, and avoid involving them in adult conflict. If communicating directly is difficult, consider using a parenting app such as OurfamilyWizard, which helps parents to make arrangements, organise schedules and communicate constructively.

  1. Consider mediation

Mediation is a voluntary process where a trained mediator helps you agree on finances and children’s arrangements without going to court. It’s often quicker, cheaper, and less stressful.

  1. Make safe housing arrangements

Think practically about where each of you will live. Will one person remain in the family home? Will the property need to be sold? Taking time to plan calmly avoids unnecessary upheaval later.

  1. Stay constructive in communication

Try to avoid hostile emails, text messages, or social media posts. The way you communicate now sets the tone for negotiations and may influence outcomes if your case reaches court.

  1. Take care of yourself emotionally

Lean on trusted friends or family. Consider counselling or support groups. A divorce is as much an emotional journey as it is a legal one. The end of a long standing  relationship is equivalent to a bereavement, treat it as such and realise it will take time before you come to terms with the situation.

  1. Don’t make rushed financial moves

Avoid transferring assets, cashing in pensions, or moving out of the house without advice or entering into financial arrangements like refinancing mortgages. These decisions can have lasting legal consequences.

  1. Keep the bigger picture in mind

The goal is a fair and workable outcome, not “winning.” A constructive approach reduces cost, stress, and time, and helps everyone move forward with dignity.

Final thoughts

Ending a marriage is never easy, but you don’t need to face it on your own. The law is designed to support both parties and, most importantly, to protect children’s best interests. With the right advice and support, you can move forward into the next stage of your life with confidence.

If you feel your marriage may be ending, contact our family law team today. We’ll guide you through the process step by step—with compassion, clarity, and practical advice to protect your future.

A 10-Point Guide to Prenuptial Agreements

Posted on: September 23rd, 2025 by Alanah Lenten

The idea of getting a prenuptial agreement or ‘prenup’ can be daunting. However we are here to help guide you through the process. 

  1. Understand what a prenup is — and what it is not: a planning tool, not a substitute for fairness or trust; reduces uncertainty

Example:

Clara and David’s prenup defined shared and separate assets.

  1. Timing matters: Begin discussions months in advance; Sign at least 28 days before the wedding

Example:

Sophie and Liam started six months before their wedding.

  1. Financial disclosure: Bank accounts, property, business interests, debts; transparency is essential

Example:

James failed to disclose a business; the prenup was challenged.

  1. Independent legal advice: ensures understanding, fairness, and enforceability

Example:

Anna and Robert had separate solicitors, ensuring confidence.

  1. Fairness is key: Courts consider both financial and non-financial contributions; fairness may not mean equality

Example:

Emma and James had different contributions; prenup reflected both fairly.

  1. Cover the right issues: Property, inheritance, pensions, debts, maintenance; include flexibility for life changes
  1. Plan for change: Review after major life events (children, career, inheritance)

Example:

Emma and James updated their prenup after having twins.

  1. Consider international implications: cross-border assets and legal recognition

Example:

Clara clarified governing law between UK and France.

  1. Think about the emotional side: frame as a planning tool; involve neutral advisers
  1. Choose the right support: specialist solicitors provide tailored, robust agreements

Conclusion

A prenup reduces conflict, recognises contributions, protects assets, and strengthens communication.

Prenups & Emotions: What Couples Should Know

Posted on: September 23rd, 2025 by Alanah Lenten

While prenups are legal documents, their emotional impact is often positive, providing reassurance, clarity, and mutual respect.

Initial Reactions: Anxiety and Misconceptions

Common worries include: “Does my partner think I’m untrustworthy?”, “Am I being selfish?”, “Are we admitting failure?”

Reality: Prenups are about clarity and planning, not mistrust.

 

Turning a Difficult Conversation into a Positive One

Benefits of having a prenup include strengthened communication, increased trust and a reduced potential for future conflict.

Example:

Anna and James initially dreaded discussing a prenup, but it revealed shared values and strengthened their relationship.

 

Reducing Anxiety and Providing Security

Prenups provide reassurance whereby the wealthier partner knows assets are protected and the less wealthy partner knows needs are met

Example:

Liam paused his career for childcare. The prenup protected his financial security and reduced anxiety for both.

 

Protecting Blended Families

Prenups clarify inheritance and property rights, reducing disputes between children and new partners.

Example:

Maria’s prenup ensured her new spouse and children from a previous marriage were both protected.

 

Family Dynamics and Emotional Relief

Clear agreements reassure families, reducing stress and external pressure.

 

Overcoming the “Unromantic” Label

Prenups can be seen as confidence-building and empowering

 

Conflict Prevention: Emotional Safety Net

Prenups provide clear expectations, reducing stress if separation occurs.

Example:

John and Emma’s prenup reduced conflict and emotional strain during their separation.

 

Independent Legal Advice and Emotional Assurance

Separate legal advice ensures understanding, fairness, and emotional security.

 

Real-Life Experiences

Couples report stronger communication, a recognition of contributions and reduced levels of anxiety and disputes

 

Conclusion

Handled thoughtfully, prenups strengthen relationships, provide clarity, and ensure fairness.

Love, Law, and Prenups: What People Really Think

Posted on: September 23rd, 2025 by Alanah Lenten

Prenuptial agreements have long been a topic of debate and misconception. For many years, they were viewed as rare, elitist, or even unromantic, often associated with wealth or distrust. However, societal attitudes have evolved, and prenups are increasingly recognised as practical, responsible, and even empowering tools for couples planning a future together.

Historically in England and Wales, prenups were largely ignored by the courts. Marriage was viewed as a lifelong commitment, and attempts to predetermine financial outcomes were often considered invalid. This changed with the landmark case of Radmacher v Granatino in 2010, when the Supreme Court confirmed that a fair prenuptial agreement should be given decisive weight unless it would be unjust to enforce it. This legal recognition has encouraged couples to consider prenups as a standard part of relationship planning, rather than something only for the wealthy or high-profile.

Despite legal acceptance, social misconceptions remain. Some people worry that discussing a prenup suggests a lack of trust, while others see them as unromantic or unnecessary. Media portrayals of celebrity divorces often reinforce these ideas, presenting prenups either as a source of conflict or as tools used solely to protect wealth. In reality, prenups are about clarity, fairness, and planning — they protect both parties and provide a roadmap that can prevent disputes in the future.

Attitudes towards prenups also vary across generations and cultures. Younger couples, particularly those marrying later in life or with established careers and assets, are often more open to the idea. They recognise that prenups can acknowledge non-financial contributions such as childcare, homemaking, or career sacrifices. Blended families, too, find prenups valuable in balancing the needs of children from previous relationships with the interests of a new partner. Culturally, some families or communities still consider financial discussions taboo before marriage, while others view careful planning as responsible and necessary.

International relationships introduce further considerations. Couples with assets, property, or family ties in multiple countries must navigate differing laws and potential conflicts between jurisdictions. Prenups can provide clarity, protect interests, and ensure agreements are recognised abroad, making them an essential tool for cross-border couples.

Beyond legal and practical considerations, prenups have positive emotional impacts. Far from undermining love or commitment, they often strengthen relationships. Open discussions about finances and expectations foster trust, mutual respect, and shared responsibility. Couples frequently report that the process of creating a prenup improves communication, reduces anxiety about future uncertainties, and reassures both partners that contributions — whether financial or otherwise — are recognised and valued.

Despite these benefits, some couples still experience resistance. Conversations about prenups can feel uncomfortable or even pessimistic, and cultural or familial expectations may create additional pressure. The key is framing the prenup as a positive planning tool rather than a prediction of failure. Involving neutral, experienced legal advisers can guide couples through the process calmly, ensuring fairness while reducing emotional tension.

In recent years, prenups have become increasingly standard in legal and financial advice. Many financial planners now recommend them to clients with assets or complex family situations. Younger generations see prenups as part of relationship literacy, akin to budgeting or financial planning, rather than a sign of distrust or pessimism.

Looking ahead, attitudes toward prenups are likely to continue evolving. They are becoming a normalised part of relationship planning, particularly among professionals, blended families, and international couples. No longer are they perceived as a symbol of mistrust; they are recognised as practical, fair, and empowering tools that promote communication, clarity, and security.

In today’s context, the real question is no longer “Why would we have a prenup?” but rather “Why wouldn’t we?” When approached thoughtfully, a prenuptial agreement strengthens relationships, protects both parties, and provides peace of mind, making it an essential consideration for couples planning a shared future.

Why Should I Get a Prenup?

Posted on: September 23rd, 2025 by Alanah Lenten
Why should I get a Prenup? 

A prenuptial agreement allows couples to agree in advance how assets, property, and other financial matters will be handled if the relationship ends. While some attitudes towards prenups see them as unromantic or pessimistic, their real purpose is to provide clarity, fairness, and peace of mind. We explore why you would get a Prenup and when it is prudent to get one. 

A prenuptial agreement, far from being a sign of mistrust, can actually foster deeper trust between partners. By laying all assets, debts, and financial expectations openly on the table, both individuals gain a clear, honest understanding of each other’s circumstances. This transparency helps couples reach a unified position, making it easier to plan for the future together. Just as you wouldn’t buy a home without house insurance, a well-written prenup provides a framework that protects both parties, ensuring that everyone’s interests are respected. In this way, a prenup isn’t about expecting the worst, but about building a foundation of openness and mutual respect from the very beginning. 

In a marriage and civil partnership there are practical considerations that can affect the long-term health of a relationship — financial security being one of the most important.  Many, if not most people marry without any clear idea of what this means if the relationship comes to an end.

It often comes as a surprise when the nature and value of financial claims are explained, but by that time, there is little that can be done to mitigate these claims. 

Added to this is the notorious uncertainty involved in the current law, which is discretionary and depends on a Judge’s interpretation of the case. Very different outcomes can follow from what may appear to be similar facts.

Do I need a Prenup? 

These are the scenarios where it would be prudent to consider a Prenup. 

Protecting Pre-Owned Assets

Many people enter marriage or civil partnership with assets they have accumulated individually, such as:

  • A house or apartment
  • Savings or investments
  • Valuable personal property
  • Retirement funds

Example:

Emma owned a home outright before marrying James. The prenup ensured she retained her original home while fairly sharing jointly acquired assets.

 
Safeguarding Family Wealth and Inheritance

Prenups can specify:

  • Which inherited assets remain separate property
  • How future gifts or inheritances will be treated
  • Protection for trusts or family business interests

Example:

Robert inherited family business shares. The prenup kept the shares his personal property while allowing fair provision for his spouse.

 
Protecting Business Interests

Business ownership adds complexity. A prenup can prevent forced sale, clarify profit sharing, and protect employees or stakeholders.

Example:

Sophie owns a marketing firm. A prenup ensured she retained control while acknowledging her spouse’s financial or domestic contributions.

 

Managing International Circumstances

Prenups can address cross-border issues:

  • Legal jurisdiction
  • Recognition of assets overseas
  • Dispute resolution

Example:

Clara, a British citizen living in Germany, clarified which country’s laws would govern her prenup.

 

Career Sacrifices and Non-Financial Contributions

Prenups can recognise contributions such as childcare or homemaking.

Example:

Liam paused his career to care for children. The prenup secured his financial rights and acknowledged his contributions.

 

Mitigating Conflict and Providing Certainty

Prenups reduce future disputes by creating clear expectations for both partners.

Debunking Common Myths
  • Only for the wealthy: False – any couple with assets, debts, or family obligations can benefit
  • Unromantic: False – prenups are acts of care and foresight
  • Courts ignore them: False – Radmacher v Granatino confirmed courts give weight to fair prenups
  • Predicting divorce: False – they are about planning responsibly

 

The Process of Creating a Prenup
  1. Initial discussion
  2. Financial disclosure
  3. Independent legal advice
  4. Drafting the agreement
  5. Review and sign

Tip: Early preparation reduces pressure and emotional tension.

Conclusion

A prenup ensures fairness, protects assets, and reduces conflict. Couples often find it strengthens trust and communication.

Child Arrangements and Holidays: Planning Ahead for High Days and Holiday

Posted on: September 22nd, 2025 by Ella Darnell

High Days and Holidays (such as Christmas, Eid, Hanukkah) should be a time of joy and family connection, but for separated or divorced parents, it can bring stress and uncertainty. How do you decide who has the children over these religious periods, school holidays, or special occasions? What if you can’t agree?

It’s normal to feel anxious about balancing everyone’s wishes, keeping routines consistent, and ensuring children still enjoy the magic of the holidays. Planning early and having professional guidance can make a huge difference.

Agreeing Arrangements Between Parents

Ideally, parents can reach an agreement without needing court intervention. Some approaches include:

  • Alternating special days (i.e. Eid or Christmas Day) each year.
  • Splitting the holiday (for example, Christmas Eve and morning with one parent, Christmas afternoon and Boxing Day with the other).
  • Designating special times for each parent to maintain family traditions.

The key is open, child-focused communication. Ask:

  • “What traditions matter most to our children?”
  • “Which days are essential for grandparents or wider family?”
  • “How can we make sure both households feel included?”

Professional Guidance to Negotiate Arrangements

If parents find it difficult to agree, seeking professional assistance can help. Family lawyers can:

  • Facilitate negotiations between parents.
  • Draft proposed arrangements for discussion.
  • Offer guidance on what is realistic and in the child’s best interests.

This approach often prevents misunderstandings and reduces stress, while ensuring that agreements are legally informed and enforceable if necessary.

When Court Involvement is Necessary

If negotiations cannot resolve the dispute, parents may apply to the court for a Child Arrangements Order. The court always considers what is in the child’s best interests, using the welfare checklist under the Children Act 1989. This includes:

  • The child’s age, needs, and relationships with each parent.
  • The impact of changes to routines.
  • Each parent’s capacity to provide for the child.

In holiday cases, courts generally aim to ensure children have meaningful time with both parents. They may:

  • Split the holiday period between parents.
  • Alternate full holidays each year.
  • Make bespoke arrangements tailored to the family’s circumstances.

Courts rarely enforce rigid schedules unless necessary, preferring flexible arrangements that minimise conflict and disruption.

  • Start conversations early – Ideally months before holidays begin.
  • Document agreements – Even a simple written plan can prevent misunderstandings.
  • Consider fairness and consistency – Children benefit from predictable routines.
  • Be flexible – Small compromises (e.g., extra evening with one parent) help maintain peace.
  • Think beyond religious holidays – Apply the same principles to school holidays, birthdays, and special events.
  • Seek professional guidance – Family lawyers can negotiate arrangements, offer advice, and help formalise agreements.

Why it Matters

Resolving holiday arrangements constructively protects children from conflict and ensures they enjoy important family time. Early planning and professional guidance reduce stress, minimise court involvement, and give both parents clarity.

If you’re struggling to agree on holiday arrangements, our family law team can help. We provide professional guidance to negotiate and formalise child arrangements—helping you create fair, practical, and child-focused plans for high days, holidays and beyond.

Pets and Cohabitation: Protecting Your Furry Family

Posted on: September 17th, 2025 by Ella Darnell

For many couples, a dog, cat, or rabbit isn’t “just a pet”—they’re family. They bring love, comfort, and companionship. That’s why disputes over pets can become some of the most emotionally charged issues when a relationship breaks down.

But here’s the surprise: under English law, pets are treated as property, or “chattels.” Legally, your beloved orange tabby is treated the same way as a sofa or a car. That can feel out of step with how most of us view our animals, but it’s the current legal reality.

What the law says

When a couple separates, ownership of a pet usually follows legal documents such as:

  • Who purchased the pet and whose name is on the receipt.
  • Whose name is on the microchip or pedigree certificate.
  • Who pays vet bills and insurance.

Courts don’t make “contact orders” for pets in the way they do for children. This means there is no automatic right for one partner to see the pet if they are not the legal owner.

Recent Case Law  from FI v DO [2024]

The case of FI v DO [2024] highlighted just how complex and emotional pet disputes can be.
The Judge accepted the traditional legal position, that pets are property, but also considered the pet’s welfare and emotional bonds. In this case, the wife had been the dog’s sole carer for 18 months following separation.
The Judge ruled that the dog should remain with her, noting:

  • The dog had established a secure home with the wife.
  • Removing the dog would be distressing for both the animal and the children.
  • The wife had shown greater understanding of the dog’s needs and welfare.

This judgment demonstrates that while the law treats pets as property, courts are becoming more sensitive to the emotional role pets play in family life.

Common problems over pets after separation

Without a clear agreement, separating couples may face disputes about:

  • Who the pet will live with.
  • Responsibility for costs such as food, vet bills, and insurance.
  • Whether shared care is possible (e.g. weekdays with one partner, weekends with the other).
  • What happens if one partner wants to relocate abroad with the pet.

Such disagreements can strain not only the couple but also wider family members who are attached to the animal.

How Cohabitation Agreements Protect Pets

For unmarried couples, the best way to avoid pet disputes is to create a cohabitation agreement. This is a legally binding document tailored to your relationship and can cover:

  • Who owns the pet legally.
  • Who the pet will live with if you separate.
  • How costs such as food, insurance, and vet bills are divided.
  • Any shared arrangements for care, if appropriate.

Why a Cohabitation Agreement Matters

  • It reduces uncertainty and heartache during a stressful time.
  • It reflects your shared commitment to your pet’s welfare.
  • It helps avoid costly or unpredictable court disputes.

Importantly, cohabitation agreements don’t just cover pets. They can also set out:

  • Who owns the property you live in.
  • How bills and household expenses are divided.
  • Ownership of assets such as furniture or cars.

For unmarried couples, a cohabitation agreement offers clarity and security where the law otherwise provides little protection.

Protecting Your Pet and Your Peace of Mind

If you are living with a partner and you share a pet, it’s worth having a clear plan. Just as you wouldn’t buy a house together without clarifying ownership, you shouldn’t leave things vague with your furry family members.

Want to protect your pet and your peace of mind? Contact our family law team. We can draft a cohabitation agreement tailored to you—so you and your pet are secure, whatever the future holds.

Lawrence Stephens Appointed to Aspen Bridging’s Legal Panel

Posted on: September 15th, 2025 by Ella Darnell

Lawrence Stephens is pleased to announce that we have been appointed to Aspen Bridging’s legal panel.

Aspen Bridging is a specialist lender known for delivering expert, fast, and dependable service. As a family-run business, Aspen is deeply committed to building long-term relationships and prides itself on being a reliable partner through every market condition.

Jack Coombs, Managing Director at Aspen, said: “We are very pleased to be working with Lawrence Stephens and are confident, especially when combined with our No Valuation product, that we are providing borrowers and brokers with not only a competitive offering, but one that can credibly be regarded as best-in-class.”

Ann Ebberson, Head of Real Estate Finance at Lawrence Stephens commented: “We are delighted to be appointed to the legal panel and to support Aspen deliver their services. Our team looks forward to working collaboratively to provide commercially focused, responsive legal solutions that support both lenders and borrowers. Whether it’s a refinance, purchase, or refurbishment, we are committed to ensuring a smooth and efficient experience for all parties involved.”

For more information on our Real Estate Finance and Banking solutions please click here.

Matt Green co-signs letter to UK Government urging inclusion of DLT in UK-US Tech Bridge

Posted on: September 12th, 2025 by Ella Darnell

Director and Head of Blockchain and Digital Assets, Matt Green, has co-signed a letter to the UK Government alongside a coalition of leading associations from the digital, finance, and technology sectors, proudly representing techUK.

The letter, addressed to the Secretary of State for Business and Trade, urges that distributed ledger technology (DLT) – particularly tokenisation and stablecoins – be included as a core strand of the upcoming UK-US Tech Bridge. The signatories highlight that this transatlantic initiative presents a once-in-a-generation opportunity for the UK and US to set global standards in digital finance, strengthen their markets, and reinforce their joint leadership in financial innovation.

Matt Green, who signed in his capacity as Chair of the Blockchain Working Group at techUK, joined representatives from the City of London Corporation, UK Finance, Global Digital Finance, TheCityUK, the Crypto Council for Innovation, The Payments Association, and others in calling for the Government to seize this critical opportunity. The coalition’s effort was coordinated by the UK Cryptoasset Business Council.

Click here to read their letter in full.

This news was covered by Bloomberg.

Lawrence Kelly Named in Spear’s 2025 Litigation & Dispute Resolution Index

Posted on: September 10th, 2025 by Natasha Cox

Director and Head of Dispute Resolution Lawrence Kelly has been ranked in the Spear’s Magazine Litigation and Dispute Resolution Index 2025 as a Top Recommended adviser.

Spear’s is a wealth management and luxury lifestyle media brand whose flagship magazine has become a must-read for the ultra-high-net-worth community. It is also required reading for the affluent financial services community, including the bankers, lawyers and family offices who advise the wealthy.

Each year Spear’s publishes indices of the top advisers from a range of different fields. These indices incorporate a three-tiered ranking system and rankings are drawn up on the basis of peer nominations, client feedback, telephone and face-to-face interviews, data supplied by firms, as well as information gathered by the Spear’s editorial and research teams.

We are delighted to see recognition of Lawrence’s work in this publication which highlights top corporate lawyers who specialise in advising high-net-worth individuals.

Click here to see the full rankings.

Lawrence Stephens Announces the Appointment of Rekha Toor as Senior Associate to Its Private Wealth team

Posted on: September 10th, 2025 by Ella Darnell

Lawrence Stephens is pleased to announce the appointment of Rekha Toor as Senior Associate to its Private Wealth team.

Rekha joins us from a specialist firm, bringing extensive experience in Wills, Trusts and Probate Disputes. She is a Full Member of the Association of Contentious Trust and Probate Specialists (ACTAPS) and ConTra – The Contentious Trusts Association, and has been recognised as a Recommended Lawyer by the Legal 500. Rekha regularly advises on high-value and complex disputes, including those with cross-border elements, and is committed to resolving matters through Alternative Dispute Resolution (ADR) wherever possible. Her appointment further strengthens our team’s capabilities and reflects our continued commitment to growth.

Head of Private Wealth and Succession Planning, Gareth Hughes said:
“I’m delighted to welcome Rekha Toor to Lawrence Stephens and our Private Wealth and succession planning team. Rekha brings a wealth of specialist knowledge and experience in contentious probate matters, which will be invaluable to our clients. Her appointment marks an exciting step in the team’s development and supports our strategic focus on expanding our expertise in this complex area of law.”

Preparing for Cyberattacks: What Jaguar Land Rover Can Teach Modern Businesses

Posted on: September 9th, 2025 by Natasha Cox

Director Dominic Holden explores how businesses can protect themselves and mitigate the risks of a cyberattack, following the recent incident at Jaguar Land Rover, in Computer Weekly.

Dominic’s article was published in Computer Weekly, 9 September 2025, and can be found here.

A cyber-attack at Jaguar Land Rover has halted production lines and caused wide-spread disruption. How can businesses protect themselves and mitigate the risks of an attack?

A single cyber incident can halt production lines, dent customer confidence and wipe millions off a company’s share price – as Jaguar Land Rover (JLR) discovered after it was forced to shut down operations last week.

There is, though, much a business can do to prepare for a cyber attack to both reduce the prospect of falling victim to an attack and to mitigate the loss they can cause.

Preparation: A non-negotiable first step

Effective cyber resilience begins long before an attack occurs, and preparation can be key in mitigating the financial, technical or reputational damage. As such, many boards are now beginning to treat cyber security as a strategic priority, not a technical afterthought.

Effective preparation can encompass several aspects, and this can differ from business to business.

Often, this includes the creation of a clear, rehearsed incident response plan that identifies who does what in the first 72 hours and beyond, from isolating systems to briefing the regulator. The most effective plans are rehearsed by running crisis exercises and simulations so that staff know their roles, and leadership can practise decision-making under pressure.

Backing up your systems and testing that these systems can be restored quickly if compromised is also critical, with the JLR incident showing just how much damage a full shutdown of operations can cause.

Staff can also be more effectively trained to spot phishing attempts, unusual device activity and other red flags which may indicate an attempted breach of a company’s systems. Staff should also be made aware of the importance of ensuring that they install the updates that are rolled out by their IT team.

Cyber insurance is also key. There are many specialist brokers that can assist in tailoring a policy to the risks faced by the company. The process of obtaining the insurance often highlights issues with the company’s existing security and should provide essential support in the event of an attack.

Without such planning and preparation, a business will become more vulnerable to an attack and struggle to respond effectively when the pressure begins to increase.

The first 72 hours

If, despite your preparations, you fall victim to an attack, the first 72 hours are critical. This is where your planning pays off.

Where personal data may be at risk, the Information Commissioner’s Office (ICO) will need to be informed within 72 hours, and you may also need to notify your customers and suppliers of the risk. A PR team with expertise in crisis communications can be an important ally to avoid lasting reputational damage to the business.

Engaging law enforcement at the earliest opportunity is also advised. Reporting the incident to the police and Action Fraud creates a record that can support recovery and wider investigations. Notifying your insurers as soon as possible so you get support from specialist “breach response” advisers, including lawyers and computer forensic specialists, can avoid a misstep during a chaotic and stressful time.

A computer forensics team can move quickly to quarantine the affected systems and help you recover operations quickly, while also preserving evidence. A breach response lawyer will ensure you comply with your regulatory obligations and assist you in formulating a strategy to minimise the claims from suppliers and customers that can often follow.

The ransom question

One of the hardest decisions for businesses that fall victim to a ransomware attack is whether to pay a ransom – where one is demanded. While the National Crime Agency strongly advises against this, as there is no guarantee of restoration and payment encourages further crime, many organisations faced with operational paralysis may consider it a last resort.

Such ransom payments are often demanded in cryptocurrency, and their payment can be covered by insurance, so it is important for businesses to check their policies to see whether this forms part of their cover. It may also be possible to recover the ransom even after it has been paid. Specialist lawyers in crypto recovery can advise whether this is a possibility.

Lessons from JLR

The lesson from the JLR incident is simple: cyber security is no longer just an IT problem – it is a boardroom issue.

Boards must demand robust planning, allocate resources and ensure rehearsals are carried out. Only then can a business minimise financial and reputational damage when an attack occurs.