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Government Proposal to Cap Ground Rents at £250: Implications for Landlords

Posted on: January 30th, 2026 by Ella Darnell

Overview of the Proposed Changes

This week the Labour Government announced plans to cap existing residential ground rents at £250 per year from 2028, ultimately reducing to a peppercorn after 40 years. The introduction was made in the draft Commonhold & Leasehold Reform Bill, now entering pre-legislative consideration.

It is widely considered that the market has been in the hands of landlords and investors for too long. The residential market has been threatened with major overhaul for 20+ years. Labour has made it one of their priorities to put leaseholders first.

Key Effects on Landlords

This proposed legislation will override any lease where the ground rent is higher than £250 and/or has escalating provisions (i.e., doubling or RPI).

The intentions behind the cap are to save leaseholders hundreds of pounds a year, keep money in their pockets and tackle the cost-of-living crisis.

The effect on landlords could potentially be hundreds of thousands of pounds. Unlike with the statutory lease extension process set out under the Leasehold Reform, Housing and Urban Development Act 1993, landlords will not be compensated for the loss of their ground rent income.

Annual portfolio income streams will significantly decrease. Assets, whether a small investment portfolio for somebody’s retirement or a large-scale ground rent investor’s portfolio, will likely see a decline in value. 

On the other hand, some may find value in the certainty provided by 40 years of £250 per annum compared to an index-linked increase.

We have already seen institutional landlords challenge the abolition of marriage value in the Leasehold and Freehold Reform Act 2024 under A1P1 (the right to peaceful enjoyment of possessions). We could possibly see the same happen here.

The Draft Commonhold & Leasehold Reform Bill –What Else?

This legislation, once enacted, will take huge strides toward ending leasehold tenures, which many consider to be an archaic and unfair form of homeownership. The bill sets out further historic changes:

  • a ban on new leasehold flats;
  • will move to commonhold and make commonhold the default tenure;
  • ending forfeiture (or the threat thereof) for breach of lease and/or non-payment of service charge and/or ground rent; and
  • repeal of estate rent charges;

What Next?

We continue to be in a state of  ‘watch this space’ but it’s clear the landscape is changing. Lawrence Stephens’ specialist Leasehold Enfranchisement Team will continue to monitor the progress of the Draft Commonhold & Leasehold Reform Bill.

For any specific or tailored advice, please do get in touch with the Leasehold Enfranchisement Team, Director and Head of Leasehold Enfranchisement Claire Allan and Associate Cerys Eyre.

Modernising Wills: Is This a New Era for Contentious Probate Practitioners in England and Wales?

Posted on: October 31st, 2025 by Ella Darnell

The Law Commission’s 2025 report, Modernising Wills Law, proposes transformative changes to the legal framework governing wills in England and Wales. For contentious probate practitioners, these reforms are more than theoretical – they could redefine how we approach disputes, especially in areas such as testamentary capacity and undue influence.

Whilst the Law Commission’s report sets out 31 recommendations, this article intends to comment on some of the key ones.

Testamentary Capacity: A Shift to the Mental Capacity Act 2005

One of the most significant recommendations is the replacement of the historic Banks v Goodfellow test with the more modern and widely applied test set out in the Mental Capacity Act 2005 (“MCA”). It has been recommended that with the MCA Code of Practice, reference to and an explanation of the Banks v Goodfellow test should be included in the guidance on testamentary capacity.

This recommendation is likely to bring changes in everyday practice where practitioners are used to the current test so there will naturally be a period of adjustment and education required. This may however increase the number of disputes if there are inconsistencies with the way in which assessments of capacity are carried out.

Undue Influence: A More Accessible Route for Challenges

The evidential burden is notoriously high, often requiring proof of coercion that overtakes the testator’s free will, which is seen as an almost impossible standard once the testator has passed away. Currently the burden of proof is required to be discharged by the individual who is challenging the will. The proposed reforms aim to change this. Courts would be empowered to infer undue influence from the circumstantial evidence that raises reasonable suspicion, including amongst other matters: the conduct of the individual who is suspected of exerting undue influence, whether there was a relationship of influence between this individual and the testator, and the circumstances under which the will was made. The burden will also be placed on the persons upholding the will to prove it was made freely and consciously.

Children making wills

In England and Wales, the age at which an individual is eligible to make a will is 18 years old, the same age as testamentary capacity. It has been recommended that this age should be reduced to 16 years old and that the court also has the power to authorise a child that is under 16 to make a will. It has been recommended that the test set out in the MCA for testamentary capacity should be adopted.

Concerns were raised that children may be vulnerable to undue influence, but the committee generally were of the view that whilst this is a risk it alone should not prevent the recommendation that the age should be reduced to 16 to make a will.

Revocation by Marriage: Protecting against predatory unions

The proposed abolition of automatic will revocation upon marriage is designed to protect vulnerable individuals from “predatory marriages”. However, it introduces new risks. If a testator fails to update their will post-marriage, surviving spouses and civil partners may resort to claims under the Inheritance (Provision for Family and Dependants) Act 1975 (“the 1975 Act”), especially in blended families or second marriages. The report highlighted that currently with the revocation of a will upon marriage or civil partnership, the intestacy rules would apply and as such favouring spouses and civil partners over other beneficiaries. With the current proposal, whilst spouses and civil partners are not automatically favoured under the intestacy rules, they remain protected by being within a class of those that can bring a claim under the 1975 Act.

Rectification of a will

Unfortunately, the courts are currently limited in their powers to correct mistakes such as drafting errors in a will. The report recommends that courts should be able to correct wills where there is clearly a failure to reflect what was intended by the testator.  

Electronic wills

It has been recommended that electronic wills should be permitted. This was considered in an earlier consultation in 2017 where it was provisionally concluded electronic wills should not be permitted. However, since then and owing significantly to the COVID-19 pandemic, there has been more of an acceptance that electronic wills should be permitted. It also assists that there are significant advancements in technology over the recent years.

Formality requirements

The current law sets out certain requirements for a will to be valid. Unfortunately, however, with the strict rules regarding the signing of wills by testators and the requirements of witnesses, the recommendation is that even where all the formality requirements have not been fully met, the courts should still have the power to validate wills where the testator’s wishes are clear (in appropriate cases). This would ensure that wills are not deemed invalid due to a technical error which is the current position and estates having to be administered in accordance with intestacy rules.

Conclusion

These reforms signal a clear intent to provide the much-needed modernisation of private client law; this could be the biggest reform in over 150 years. The intention is to make will-making easier and most importantly to reflect modern life.

For contentious probate practitioners, this could mean potentially more probate disputes due to the lowering of thresholds and allowing for broader judicial discretion.

For more information on our Private Wealth and Succession Planning services, click here.

Can You Exclude an Adult Child From Your Will? Howe v Howe and the Inheritance Act 1975

Posted on: October 24th, 2025 by Ella Darnell

The case of Howe -v- Howe saw an adult child bring a claim pursuant to the Inheritance (Provision for Family and Dependants) Act 1975 (“1975 Act”) against her late father’s estate.

Background

Mr Roger Howe (“the Deceased”), died on 27th March 2020, he had made a will dated 4th July 2017 in which he had entirely cut out his only daughter Jenna Howe. The Deceased had made clear the reasons for excluding his daughter, he described her as “lazy” “lying” and “useless”. Instead, he left his estate to his mother, sister and two nephews.

Miss Howe initially issued a claim to have the will set aside on the basis that the signature of one of the attesting witnesses had been forged. Unfortunately for Miss Howe, this claim failed due to the death of the witness and as such she withdrew her claim and it was ordered that she would pay towards the executor’s costs, the sum of £42,000.

Miss Howe then pursed a claim under the 1975 Act for reasonable financial provision for her maintenance as she had been excluded by her father from his will, she was claiming the sum of £450,000.

Miss Howe’s position was that it was owing to her father’s poor treatment of her when she was a child/teenager which is what directly contributed towards her health issues which made her unable to work and which now gave her the need to bring a claim under the 1975 Act for reasonable financial provision for her maintenance.

Judgement

The court found that despite the lengthy estrangement, that Miss Howe’s health needs were a significant factor for making a financial provision for her from the estate. Miss Howe’s health issues prevented her from working and were because of the treatment she received from the Deceased during her upbringing.

The court also ordered the estate to pay for Miss Howe’s white goods, car, income shortfall for 10 years, provision for her health needs which included therapy and new breast implants (she had claimed that they were essential to improve her confidence), and the costs order in respect of the initial claim Miss Howe brought to set aside the will.

In total Miss Howe was awarded £125,000 which was to be held on a discretionary trust so not to interfere with her entitlement to state benefits, it would also prevent her from spending the money unwisely.

Conclusion

There has clearly been a shift in the way in which courts are dealing with claims under the 1975 Act for reasonable financial provision from estranged adult children. This is certainly a landmark case which demonstrates what is a very complex balance that courts must find in being able to respect the wishes of the deceased but also ensuring that vulnerable claimants receive what would be considered an adequate financial provision. Whilst previously a claim by an estranged adult child may have appeared to be prima facie weak, this is clearly not the case.

This is yet another example of that when preparing your will, you need to take into consideration that adult children can successfully challenge your decision to exclude them entirely from your estate if they can provide a legitimate need.

For more information on our Private Wealth and Succession Planning services, click here.

Kaur -v- Estate of Karnail Singh & Others [2023] EWHC

Posted on: October 14th, 2025 by Ella Darnell

This was an interesting case which attracted a lot of media attention. Whilst it was not an unusual case, many called the actions of the deceased an injustice which required the court to put right.

Background

Mr Karnail Singh (the “Deceased”) died on 21st August 2021. He made a will dated 25th June 2005 in which he left his entire estate to two of his 6 surviving children, both were sons.

The Deceased made no provisions for his four daughters nor his wife. The Deceased’s intention was to leave his estate to the “male line” of his family.

The Deceased married his wife Harbans Kaur in 1955, a long marriage spanning 66 years, they had 7 children together although only six survived the Deceased.

The Deceased and his wife both worked in the family clothing business although she did not have a direct stake within it and nor did she receive a salary. She remained fully dependent on the Deceased, and he met all her financial needs throughout their long marriage.

Given that the Deceased left no provision in his will for his wife, she issued a claim under the Inheritance (Provision for Family and Dependant’s) Act 1975 (the “1975 Act”), seeking an order that she should receive half of the estate, whatever the value may be. She made it clear that her intention was to be able to purchase a property for herself which was close to her daughter, and she was unable to do this given her only income was £12,000pa from state benefits and she had very modest assets.

Judgement

Mr Justice Peel found that the Deceased’s estate did not provide reasonable financial provision for the claimant and as such she was awarded 50% of the net value of the Deceased’s estate, she would also receive £20,000 forthwith on account of the final distribution due to her.

Further, the claimant’s costs were to be paid out of the gross value of the estate before any distribution was made to her, therefore her costs were treated as an administration expense.

Mr Justice Peel commented that:

“It is hard to see how any other conclusion can be reached. After a marriage of 66 years, to which she made a full and equal contribution, and during which all the assets accrued, she is left with next to nothing.”

It is worth noting that in this case there was discussion over what the value of the estate was. The claimant’s claim was 50% of the estate and this is what was awarded. The court did not specify exactly what the amount was as it was clear that even at the lower end of the values, it would still be sufficient to provide for the claimant.

Conclusion

The judgement did not necessarily come as surprise to many practitioners, however the key takeaway from this case must be that whilst testators do enjoy the freedom to leave their estate as they wish, the courts are looking at cases with the view to stand against injustice and equality.

Patel v Patel [2025], a reminder on how to avoid a dispute over funeral arrangements

Posted on: October 10th, 2025 by Ella Darnell

The case of Patel v Patel [2025] EWHC 560 (Ch) explores an issue which rarely tends to find its way before a Judge but one which is nonetheless an important issue to consider, this being what happens when executors cannot agree on funeral arrangements and who can make the final decision.

This case involved a dispute between the deceased’s son and daughter over the funeral arrangements for their late father. Both were been named as executors in the deceased’s will.

Background

The deceased was born in India but moved to England in 1954 with his wife. This is also where their children were born and raised. The deceased and his wife were devout Hindus.

The deceased’s wife died first, on 24th February 2024, and in accordance with Hindu traditions her body was cremated (she had clearly expressed in her will that she wished to be cremated), and her ashes were scattered in England.

The deceased died on 30th December 2024, he had made a will dated 22 December 1993 however his will did not provide any directions as to his funeral arrangements.  Following his death, the executors were at war, his son, the claimant in this case, maintained that his father had told him after his mother had died, that he wanted the same funeral arrangements as his wife, this being cremated and his ashes scattered in England. However, the deceased’s daughter, the defendant in this case, presented a different position to the court, she stated that her father had told her in the months leading up to his death that he wished to die in India and in the event where he died in England then he wanted his body to be taken to India and buried. 

The Law

HHJ Matthews stated that the law was clear in respect of the rights of a personal representative to the possession of the deceased’s body for the purposes of a funeral and referred to the case of  Buchanan v Milton [1999] 2 FLR 844,  where Hale J said:

“There is no right of ownership in a dead body. However, there is a duty at common law to arrange for its proper disposal. This duty falls primarily upon the personal representatives of the deceased (see Williams v Williams (1881) 20 Ch 659 ; Rees v Hughes [1946] KB 517). An executor appointed by will is entitled to obtain possession of the body for that purpose (see Sharp v Lush (1879) 10 Ch 468 at 472; Dobson v North Tyneside Health Authority [1997] 1 WLR 596 at 600 obiter), even before there has been a grant of Probate. Where there is no executor that same duty falls upon the administrators of the estate, but they may not be able to obtain an injunction for delivery of the body before the grant of letters of administration (see Dobson).”

HHJ Matthews then had to consider the way in which the Court was able to intervene, and he looked at:

  1. 116 Senior Courts Act 1981 which provides that:

“(1) If by reason of any special circumstances it appears to the High Court to be necessary or expedient to appoint as administrator some person other than the person who but for this section would in accordance with probate rules have been entitled to the grant the court may in its discretion appoint as administrator such person as it thinks expedient.

(2)  Any grant of administration under this section may be limited in any way the court thinks fit”.

However, the claimant and the defendant had been both named as executors jointly and the decision to make in respect of the funeral agreements was one for them to make together but they were not able to agree.

  1. The courts inherent jurisdiction

HHJ Matthews considered the case of Oldham Metropolitan Borough Council v Makin [2018] Ch 543  where Sir Geoffrey Vos, stated:

“80. In my judgment, the court does have an inherent jurisdiction to direct how the body of a deceased person should be disposed of. The court will normally, as I have said, be deciding between the competing wishes of different sets of relatives, and will only need to decide who should be responsible for disposal rather than what method of disposal should be employed. I cannot see, however, why the court’s inherent jurisdiction over estates is not sufficiently extensive to allow it, in a proper case, to give directions as to the method by which a deceased’s body should be disposed of. In my view, it is. Moreover, I am, for the reasons I have given in relation to section 116, prepared to exercise that jurisdiction in this case”.

HHJ Matthews relied on this authority to use the Courts Inherent jurisdiction to provide directions on the method of disposal of the deceased’s body.

Judgement

In his judgment, HHJ Matthews found that it had been difficult to determine the wishes of the deceased, and he found both the claimant and defendant to be reliable in their evidence. “[B]oth the claimant and the first defendant were telling the truth as they believed it to be, and neither was attempting to mislead the court”.

He noted that the family were all in agreement with the views of the claimant and it was only the defendant who had a different view, and this was based on the “perception of what the deceased wished for himself, and not on what she herself wishes for him.” It was the defendant’s case that she was not advocating her personal view on this.

In reaching a conclusion, HHJ Matthews considered a number of factors including the place where the deceased was most closely connected. He found this to be England as the deceased had lived here for 70 years (the majority of his life) with his wife, and it was where he raised his family. In comparison the deceased had not been back to India in over 20 years; and only extended family remained in India. Whilst England was not his place of birth it was his chosen home. Further, his wife’s ashes had been scatted in England.

He also considered the costs involved in transporting the deceased’s body to India would be significantly more, there would be the legal and administrative costs involved for the international transportation of human remains too. There would also be the costs for those family members who would have to travel to and from India.

In terms of timeframes, there had already been a period of three months since the deceased’s death where the body had remained undisposed of, to transport it to India would cause further delays.

HHJ Matthews when taking these various factors and the evidence into account, was of the view that the “right decision is to direct that the body of the deceased be cremated and his ashes scattered here in England, in accordance with the appropriate Hindu rites. In my judgment there is no sufficient justification for directing a burial in India on the facts of this case.”

He also added that he placed greater weight on the wishes of the wider family, he said that their needs were the “needs of the living”, they would be the ones that would be attending the funeral and the ones that would be grieving, and the funeral would give them both comfort and closure. He was of the view that the deceased’s views on his funeral arrangements were not legally enforceable but rather one of several factors which he was considering. The reason why it was not enforceable and only just a factor was because the deceased had not included directions in his will as to the disposal of his body.

Costs

HHJ Matthews was then asked to consider the issue of costs. Whilst costs are generally in the court’s discretion, it is common practice for the losing party to pay the winning parties costs, therefore the claimant sought an order the defendant should be ordered to pay his costs.

When considering this issue, it was HHJ Matthews view that the dispute was because of the deceased not expressly setting out in writing what his wishes were in relation to his funeral arrangements and had he done so he had no concern that the defendant would have acted in accordance with those wishes. It was on this basis that he ordered that the costs of the parties were payable from the estate.

Conclusion

This case is another helpful reminder that when you are preparing your will it is essential you set out clearly what your wishes are in respect of your funeral arrangements to avoid a situation such as this. This avoids further unnecessary anguish between the family members and could save the estate from incurring these legal costs.

HHJ highlighted that disputes such as these cause a great deal of sadness and prevent the family from moving on with their lives and coming to terms with their grief.

For more information on our Private Wealth and Succession Planning services, click here.

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.