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Posts Tagged ‘divorce’

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.

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.

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.

Jim Richards discusses divorce and pension sharing orders in FT Adviser and Today’s Wills & Probate

Posted on: March 25th, 2025 by Natasha Cox

Director and Head of Family Jim Richards discusses how despite their usefulness, the use of pension sharing orders in divorce proceedings has not become widespread since their introduction 25 years ago. 

Jim’s article was published in FT Adviser, 20 March 2025, and can be found here. A version of his article was also published in Today’s Wills & Probate, 21 March 2025, and can be found here.

It is a sadly familiar scenario at the end of a marriage – especially in TV dramas. Along with the sale of the house there is the dividing up of the debris from the failed relationship. Who gets the pictures? Who gets the potted plants? Who gets the cat?

Not so often featured is perhaps the most important decision of all: who gets the pension?

A study undertaken on pensions and divorce at the start of the decade by research hub MICRA, based at the University of Manchester, along with the Pensions Policy Institute, came to some clear conclusions.

The research found that there were “wide gendered pension disparities” within couples at the higher end of the income distribution, as well as those at the lower end too. Overall, it suggested that such disparities could make a “marked difference” to couples going through separation proceedings. 

However, unlike a prenuptial agreement, for example, pension sharing on divorce should not exclusively be a concern for the wealthy.

Its potential importance and contribution to wellbeing applies widely across society as a whole.

Yet, in the midst of the mayhem that often accompanies the dissolution of a marriage, it can easily get overlooked.

Pensions often not priority

By and large couples heading for divorce are in their 30s and 40s.

Retirement may seem a long way off and the immediate priority might be ‘what happens now?’ rather than the remote issue of finances 30 years ahead. 

Of course, one aspect of this is that pensions still do not loom large enough in younger, middle-aged people’s awareness. Many do not save enough and they do not do so when they are young enough for it to make a difference. 

As revealed by the MICRA and PPI research, most people are also significantly under-resourced in terms of their retirement income and pay little attention to this until they are in their 50s. 

By this point, it is obviously much harder to compensate by increasing contributions for the years that have already passed.

Meanwhile, on divorce, this deficit problem can be compounded if parties are aiming to take on new mortgages to meet their housing needs with the possibility that they might not be repaid until well into retirement.

Any income that they enjoy must be deployed first to repaying the mortgage. 

They will not have time enough from perhaps their early 50s until retirement in which to put more money into a pension fund.

Short-term thinking about pensions can overlook the importance of long-term financial security – and it also reflects the importance of receiving tailored legal advice.

If you would like advice on divorce and financial settlements, please contact a member of our Family team.

How athletes and celebrities can ensure they stay on the fairway during divorce proceedings

Posted on: July 18th, 2024 by Natasha Cox

Following Rory McIlroy’s recent divorce filing, and his subsequent dismissal of these proceedings, Head of Family Jim Richards and Associate in the Sports & Entertainment team William Bowyer explore how celebrities and athletes can ensure they stay on the fairway during divorce proceedings. 

Jim and William’s article was published in eprivateclient, 13 June 2024, and can be found here.

Golf superstar Rory McIlroy’s recently announced divorce raises a number of important questions for athletes and celebrities managing divorce proceedings – particularly when filing for divorce overseas. 

While Mr McIlroy and his wife Erica Stoll have since ended divorce proceedings, this widely reported case still bears relevance for those looking to manage high-profile separation proceedings.

High-net-worth individuals such as athletes and other celebrities often have a choice of jurisdictions in which to file for divorce. The forum for proceedings can be pivotal to a case, and thus will often be a key factor in deciding where proceedings are filed. 

In Mr McIlroy’s case, the Northern Ireland-born sportsman had papers served on Erica Stoll, his wife of seven years and a New York state native, at their home in Jupiter, Florida. Court documents were subsequently revealed to have been filed in Palm Beach County, Florida, confirming the jurisdiction selected by Mr McIlroy for the couple’s divorce proceedings.

Deciding on the most appropriate jurisdiction to deal with a divorce case can, however, lead to a number of challenges in dealing with assets across a number of jurisdictions as well as the tax considerations to which high-net-worth individuals must pay heed if they are to stay on the fairway during divorce proceedings.

Failure to consider the various cross-jurisdictional complexities of divorce can give rise to costly and unwanted satellite litigation, and suggests that it is therefore important for athletes and celebrities to seek advice from legal, tax and pension professionals from all relevant jurisdictions to ensure as swift and efficient a resolution as possible. 

However, the procurement of such counsel comes at a not inconsiderable cost, especially in situations where there is a wide range of disputes between the divorcing spouses, leaving both parties exposed to a significant cost burden at the outset of the case and throughout the ensuing proceedings.

Beyond the legal case itself, image and reputation management is also of the utmost importance, particularly for athletes and celebrities, as a messy and public separation could result in lucrative endorsements being lost. In Mr McIlroy’s case, as with so many others living in the glare of the media spotlight, already every available detail of the divorce proceedings is being pored over by the press and public alike in typically scurrilous fashion. 

Mr Mcllroy’s brand partners will need to consider their contractual arrangements with the golfer and assess whether a) this matter impacts their partnership and b) whether they have any grounds under their contract to end the relationship or at the very least, use it to their commercial advantage.

Celebrities who are forced to live their lives in the public eye have to be extra vigilant as to how each and every move they make will be interpreted, no matter how private the matter at stake. The well-documented travails of Mr McIlroy’s fellow golfer Tiger Woods during the collapse of his marriage to Erin Woods in 2009 will have given Mr McIlroy and his advisers ample food for thought when considering how best to handle the optics of his own marital breakdown.

High-net-worth individuals, celebrities and athletes must seek a wide range of advice before filing for divorce – including everything from tax and pensions advice to image rights and IP – to ensure that separation proceedings are handled swiftly and any potential fallout is minimised. Of paramount importance is choosing representatives to sensitively handle child arrangements to minimise the impact of the separation on the couple’s offspring. 

Frequently, children become unwitting victims of warring spouses’ anger towards one another during divorce proceedings, and all too often the glare of publicity spurs parties into even rasher and more regrettable actions than they may otherwise have taken had they not felt compelled to ‘prove’ themselves and their resilience to the world at large.

Similarly, it is imperative for both parties in divorce proceedings to select advisers as carefully as possible. It is, after all, their guidance which will be of critical importance to the outcome of the case, and to the ultimate financial settlement between the divorcing couple. 

Divorce and separation is never easy, nor pleasant, for either side, but when played out in the public eye there is even more potential for mistakes and missteps. Time spent calmly and diligently assessing options at the outset of a case may at times seem onerous and expensive, but if deployed properly will pay dividends in the end.