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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.

Divorced Abroad? A Claim May Still Be Possible in England

Posted on: September 8th, 2025 by Ella Darnell

A recent ruling by the Court of Appeal in Potanina v Potanin has highlighted the possibility of pursuing financial claims in England following a divorce overseas. The case involved Russian billionaire Vladimir Potanin and his ex-wife Natalia Potanina, who had divorced in Russia in 2014. In the initial Russian financial settlement, the wife received only 1% of the total wealth of the couple. The wife was then granted permission by the English courts to pursue a claim for a share of Potanin’s UK-connected assets.

This decision underscores the principle that, where there is a genuine connection to England, such as habitual residence or domicile, a financial claim may be justified even after a foreign divorce.

Implications for International Divorcees

Increasingly, many families live abroad during a marriage or have a residence in multiple locations. Relationships between individuals of different nationalities is common place.

When a marriage fails, a divorce may take pace in a country which takes a very different view of fairness to England and Wales. While the Potanin case involved substantial wealth and high-profile individuals, the legal precedent it sets is relevant to a much broader group. UK nationals who have divorced abroad may still have grounds to seek financial relief in England, particularly if they have returned to live in the UK or hold assets here. This is especially pertinent in cases where the overseas settlement was limited or failed to account for UK-based assets, such as pensions or property.

UK Pensions: A Common Oversight

One of the most frequently overlooked issues in overseas divorces is the treatment of UK pensions. If a foreign court has divided assets, and the settlement is not challenged, a UK pension provider cannot implement a foreign order that delas with a UK pension. That can only be done through the English courts, so even if the terms of a settlement are acceptable it is necessary to deal with UK pensions via an application in the English courts.

Equally, in some countries, pension sharing is not a concept that exists, and so a stand alone claim dealing with pensions can be made.

This is particularly relevant for couples with modest wealth, where pensions may represent a significant portion of the marital assets. Without a UK court order, pensions may remain untouched, potentially leaving one party at a financial disadvantage.

The Role of Pre-Nuptial Agreements

Pre-nuptial agreements (PNAs) can play a role in limiting post-divorce claims, particularly when they clearly define jurisdiction and financial expectations. The jurisdictional difficulties of the Potanina v Potanin could possibly have been avoided with a well drafted PNA. While in high-net-worth cases, PNAs may be challenged, especially if one party claims they were disadvantaged in more typical scenarios a well-drafted PNA can offer clarity and protection.

If you would like to learn more about any of these issues, please contact one of the Family team. 

Taylor Swift’s Engagement and Why Pre-nups Matter: From Love Story to Legal Story

Posted on: September 4th, 2025 by Alanah Lenten

Taylor Swift’s engagement has captured headlines around the world. As one of the world’s most successful artists, with a fortune estimated in the billions, it is almost certain that her lawyers will already be advising her on a prenuptial agreement before her marriage to Travis Kelce. But pre-nups are not just for celebrities or the ultra-wealthy. Increasingly, couples in England and Wales are considering a pre-nup before marriage to provide clarity, fairness, and peace of mind when planning their future together.

What is a Prenuptial Agreement?

A prenuptial agreement (often called a “pre-nup”) is a legal contract entered into before a marriage or civil partnership which sets out how assets will be dealt with if the relationship ends.

In England and Wales, pre-nups are not automatically binding. However, since the Supreme Court decision in Radmacher v Granatino [2010], the courts will usually uphold them provided:

  • Both parties entered into the agreement freely.
  • There was full financial disclosure.
  • Each party had independent legal advice.
  • The agreement is fair and does not leave one party in financial hardship.

When those safeguards are met, a pre-nup can be highly persuasive in financial proceedings.

Why Couples Choose a Pre-nup

Whether you’re planning a star-studded wedding like Taylor Swift or a smaller ceremony a Pre-nup can serve several important purposes:

  • Protecting pre-acquired assets – for example, a house one partner already owns and/or business interests.
  • Safeguarding family wealth – such as gifts from parents, inheritances, or stakes in a family business.
  • Providing for children from a previous relationship – ensuring assets are preserved for their future and protecting children’s financial security.
  • Clarity and certainty – reducing conflict, legal costs, and uncertainty if separation occurs.

Far from being unromantic, a pre-nup is not about mistrust. Pre-nups are about planning for marriage responsibly, just as you would plan the wedding day itself. Recognising that marriage has legal and financial consequences empowers you to enter into it with open eyes.

Common Misconceptions About Pre-nups

  • “Pre-nups are only for celebrities like Taylor Swift and the rich.”
    In reality, anyone with property, savings, or family wealth may benefit.
  • “Signing a pre-nup means you expect divorce.”
    In truth, pre-nups are about planning for marriage responsibly, much like making a will is about planning for the future.
  • “Courts ignore them anyway.”
    Properly drafted pre-nups now carry significant weight with judges.

Lessons from Taylor Swift’s Engagement

Taylor Swift’s circumstances are at one end of the extreme: her assets include intellectual property rights, royalties, brand value, and ongoing income from her tours and music empire. But the principle is the same for all couples.

A pre-nup offers protection, transparency, and reassurance. Taylor Swift’s engagement is a timely reminder that love and financial planning can – and should – go hand in hand. Whether you are a 14 Grammy award-winning artist or simply planning your wedding day, it makes sense to protect your future.

Practical Points to Keep in Mind

  • Start early. Timing matters, so a pre-nup should be signed well before the wedding (ideally at least 28 days), so neither party feels rushed or under pressure.
  • Be transparent. Both partners must be open about their financial circumstances, so full disclosure is key.
  • Get independent legal advice. Each party should have their own solicitor.
  • Review Clauses. Circumstances can change; agreements can provide for review after children are born or after a certain number of years.

Our Advice

If you are engaged, entering into a marriage or civil partnership, it is worth considering whether a prenuptial agreement is right for you. These agreements can prevent uncertainty and protect both partners’ interests allowing you to plan a wedding with confidence and adhering to ‘we are never ever getting… disputes over finances’.

At Lawrence Stephens, we specialise in advising on prenuptial agreements and tailoring them to reflect your circumstances. If you would like to discuss your options, please contact our Family Law team today.

A Landmark Case for Domestic Abuse Victim Protection in the Family Courts

Posted on: September 1st, 2025 by Alanah Lenten

We are proud to have represented the mother in a series of hearings culminating in M v F [2025] EWFC 257 (B), where the Family Court made robust and protective orders following serious findings of domestic abuse. This case marks a significant moment in the push for justice for victims of domestic abuse and the protection of children in private proceedings. This judgement comes at a crucial time for reform with the recent release of ‘Breaking the Silence: Kate’s Story’, an ITV documentary covering the case of Kate Kniveton (nee Griffiths) in her own campaign for justice in the family courts.

Across three hearings—fact-finding, costs, and final arrangements—the court accepted our submissions in full. All 14 allegations of abuse, including rape, coercive control, and sustained physical violence, were found proved at the fact-finding hearing. These findings formed the foundation for a comprehensive protective framework for the child and mother.

Key Outcomes

  • All 14 allegations proved.
  • Costs awarded in full against the father for reprehensible litigation conduct.
  • Child Arrangements Order granting the a ‘lives with’ order for the mother with an order for no contact with the father.
  • Specific Issues Order empowering the mother to make key decisions independently, including medical decisions and the ability to take the child abroad on holiday without the father’s approval.
  • Section 91(14) Order barring further litigation until 2030.
  • Indirect contact only between the father and the child, safeguarding the child and mother’s wellbeing. The extent of the indirect contact being limited to letters from the father to the child four times a year to be kept in a life story box and for the mother to update the father about the child three times a year with photographs.
  • The father was ordered to attend a Respect accredited domestic abuse perpetrators course and seek a therapeutic referral from his GP.

A Judicial Turning Point

This case stands out not only for its outcome but for the clarity shown by the court in recognising and responding to abuse. As Dr Charlotte Proudman, who represented MP Kate Kniveton (formerly Griffiths) in her own legal battle to speak out, observed:

“This judgment … shows a clear judicial willingness to make robust and unflinching factual findings in cases of rape, coercive control, and sustained physical abuse, and crucially, to ensure those findings directly shape protective child arrangements.”

The court’s decision to award full costs against the father, an unusual step in family proceedings, was a direct response to his reprehensible litigation conduct. The Section 91(14) order, preventing further applications until 2030, is longer than the norm and reflects the seriousness of the findings.

A System Under Scrutiny

This case echoes the urgent concerns raised in ITV’s recent documentary ‘Breaking the Silence: Kate’s Story’, which exposes the Family Court’s failure to protect victims of domestic abuse and children. The documentary highlights the need to repeal the presumption of parental involvement and to prohibit practices that risk retraumatising victims of domestic abuse, such as reunification therapies.

Our case demonstrates how the courts can—and must—use procedural tools to protect victims of domestic abuse and children. It is a reminder that safeguarding must be prioritised over outdated presumptions.

Courage and Precedent

Dr Proudman also reflected on the significance of this case:

“The award of full costs against the father for ‘reprehensible’ litigation conduct is unusual in family proceedings; likewise, the section 91(14) order, barring the father from making further applications without permission until 2030, which is longer than the norm. This is important precedent.”

“Procedural orders can, and should, be used to close down the legal avenues through which perpetrators seek to reassert control. This is such a testament to the extraordinary courage of the mother who, as a survivor of rape and abuse, not only protected herself but also acted decisively to safeguard her child.”

We echo this sentiment. The mother’s strength and resolve were instrumental in securing justice—not only for herself and her child, but for others who may follow.

Looking Ahead

This case is a reminder that the family justice system must evolve to meet the needs of victims of domestic abuse. It is our hope that decisions like this, alongside the voices raised in ‘Breaking the Silence: Kate’s Story’, will help shape a more protective, trauma-informed approach in the courts.

We remain committed to advocating for victims of domestic abuse and ensuring that the legal system serves those it is meant to protect.

Lawrence Stephens successfully acts for Respondent parent in reported case of M v F

Posted on: May 15th, 2025 by Alanah Lenten

Lawrence Stephens’ Family team, led by Co-Head of Family Eleanor Wood, recently acted for the Respondent parent in the reported Family Court case of M v F [2025] EWFC 114 (B).

A fact-finding hearing as part of child arrangement proceedings, the four-day hearing concerned allegations of long-standing abuse and controlling behaviour made my Lawrence Stephens’ client (Parent M) against their former partner. These included allegations of physical abuse (one of which lead to police involvement), emotional abuse, coercive and controlling behaviour and sexual abuse.

The Applicant (Parent F) contested these allegations, however the judge noted that their evidence was “remarkably inconsistent and lacking in credibility.” The Applicant’s argument that the allegations were financially motivated and intended to block their contact with their child was also rejected by the court.

Concluding her judgment, HHJ Owens upheld all allegations of abuse behaviour made by the Respondent parent, with the case proceeding to determine what arrangements are in the best interest of the child.

The full judgment can be read here.

Alienating behaviour: Where are we now?

Posted on: April 17th, 2025 by zhewison

Jim Richards, gives us the latest insights on alienating behaviour in family law. In this article he breaks down the Family Justice Council’s 2024 review and what it means for handling parental alienation cases.

In December 2024, the Family Justice Council (FJC) published a comprehensive review on parental alienation and alienating behaviours. This long-debated issue has now been addressed with clear guidance aimed at assisting judges, and those in litigation in dealing with allegations of this nature.

A new approach to parental alienation

The FJC’s guidance marks a significant shift in how parental alienation is approached. It confirms that there is no “syndrome” of parental alienation. Instead, the focus should be on the behaviour, context, and reasons why a child is reluctant, resistant, or refuses to spend time with one parent.

The test for alienating behaviour

The guidance outlines a three-part test for identifying alienating behaviour:

  1. The child is reluctant, resists, or refuses to engage with a parent.
  2. This reluctance is not due to the behaviour of that parent towards the child or the other parent.
  3. The other parent has behaved in a way that has led directly or indirectly to the child’s reluctance to engage in a relationship with the other parent.
    All three elements must be present for a finding of alienation.

Moving away from past practices

This new approach moves away from the previous tendency to use alienation as a catch-all explanation for a child’s reluctance to spend time with a parent. The courts will no longer entertain this approach, especially if there is any finding of domestic abuse.

The role of the court

The report emphasises that the court is the ultimate decision-maker in these cases. Experts and Cafcass (Children and Family Court Advisory and Support Service) cannot determine whether specific events took place. It is the court’s role to decide if domestic abuse or alienating behaviours have occurred. Allegations must be supported by evidence; fake assertions will not suffice.

The importance of early action

Relevant issues must be raised early in the process, with appropriate case management directions given. It is not acceptable to introduce allegations late in the proceedings to strengthen a weak case.

Looking ahead

The development of case law in this area will be closely watched, and further guidance from the courts is anticipated.

If you would like to learn more about alienating behaviours and how they may impact your case, please contact our family law team. We are here to provide expert advice and support.