Divorce
Divorce & Financial Disclosure
Divorce & The Family Business
Financial Orders
Financial Settlement
A Guide to Financial Disclosure in Divorce Proceedings
Navigating financial disclosure can be complicated when you are trying to negotiate who gets to keep the family home, business or pension after a separation.
If you are frustrated with the speed and scale of financial disclosure in divorce proceedings, our family lawyers can help you with expert financial disclosure and settlement guidance
Consult Evolve Family Law Today
What our divorce solicitors cover in this article:
When is Financial Disclosure Necessary?
Why is Financial Disclosure Necessary
Limiting Financial Disclosure in Negotiations and Court Proceedings
The Financial Disclosure Process
Form E Financial Disclosure
Form D81 Financial Disclosure
Updating Financial Disclosure
Full Form E Financial Disclosure
Form E Disclosure and Supporting Documents
Properties and Form E Disclosure
Financial Disclosure of Company and Business Interests
Debts and Liabilities
Penalties for Financial Non-disclosure
Forcing Your Ex to Provide Full Financial Disclosure
Talk to Evolve Family Law
Frequently Asked Questions on Financial Disclosure
When is Financial Disclosure Necessary?
You need financial disclosure if you are reaching a financial settlement through:
Direct discussions with your ex
Solicitor negotiations
Family mediation
Family arbitration
Financial court proceedings
Why is Financial Disclosure Necessary
Financial disclosure is a crucial first step in negotiating a fair financial settlement because:
You both need to know what assets you individually and jointly own and their current value to reach a fair divorce settlement
Court rules require limited financial disclosure (D81 form) when the court is asked to approve an agreed financial settlement or convert a mediated agreement or separation agreement into a binding consent order
Court rules require standard Form E disclosure in financial court proceedings
If full financial disclosure isn't given, a husband or wife can apply to set aside a court order made by agreement or after a final hearing
Limiting Financial Disclosure in Negotiations and Court Proceedings
You may think full financial disclosure isn’t necessary because:
You are splitting amicably and trust your ex
You were both open about finances during the marriage
You haven’t been married long
You both earn a similar amount
Neither of you has many assets, so there is nothing to argue about
You don’t want to risk your ex asking questions about your assets or their value
You signed a prenuptial or a postnuptial agreement
Financial disclosure is still necessary in all these scenarios. However, a divorce solicitor can look at whether disclosure can be limited in scope while still protecting you and without risking your financial court order being overturned by a later challenge.
The Financial Disclosure Process
In financial court proceedings, there is a set process for financial disclosure.
Court rules require a husband and wife or civil partners to provide financial disclosure by:
Completing a Form E document, and
Providing standard financial disclosure of specified assets
Allowing spouses to ask questions about their ex’s financial disclosure, provided the court assesses the questions as relevant and proportionate
Requiring up-to-date asset valuations if the court thinks that valuation reports are cost proportionate
Financial settlement solicitors, family mediators and family arbitrators all suggest using a similar financial disclosure process because without full financial disclosure:
Your ex may not agree to a financial settlement because they don’t trust you
Your ex could try to have the financial settlement overturned if they discover that you had other assets at the time of the financial settlement or your assets were worth more than you said
You could spend time and money on solicitor negotiations or family mediation to try to reach a financial settlement, and that time and money will be wasted if your ex is insistent that they want full financial disclosure
Form E Financial Disclosure
A Form E must be completed by a husband and wife or by civil partners after one spouse or civil partner has applied for a financial order.
When you make a financial application, the court gives dates to:
Complete your Form E and exchange the document and supporting financial paperwork with your ex’s divorce solicitor
Exchange questionnaires to ask questions about your ex’s financial disclosure and to ask for additional documents
Attend a first directions appointment hearing when the judge decides if questions should be answered and if valuations should be obtained
It is only in rare situations that a directions order can alter the Form E financial disclosure process. For example, where a couple signed a prenuptial agreement and were married for a short period, the spouse wanting to enforce the terms of the prenuptial agreement argues that full Form E financial disclosure isn't cost proportionate.
Form D81 Financial Disclosure
If you have reached a financial settlement with your spouse through:
Direct discussion
Solicitor negotiations
Family mediation
You need to convert your settlement agreement into a binding financial court order.
You don’t normally need to file a Form E when asking the court to approve a financial consent order, as the court only wants limited information to decide whether the order is fair to both of you and should be approved.
A Form D81 is submitted to court with the agreed financial court order for court approval. The D81 form briefly details both of your assets, income, and liabilities so the judge has enough information to decide if the order sought is fair.
Updating Financial Disclosure
Your financial position and asset values can change. For example, your shares may significantly gain or fall in value.
Court rules provide an ongoing obligation to update financial disclosure if circumstances change. This could include a salary increase, bonus payment, redundancy or a decision to move in with your new cohabitee.
If you are unsure whether a change in circumstances needs to be disclosed, it's best to speak to a financial settlement solicitor. If you don’t report a significant change, such as an offer received to buy unlisted shares in a family business, then when your ex-partner discovers the non-disclosure, they could ask the court to:
Make adverse inferences about the non-disclosure if it is discovered before the court makes a financial court order, or
Review the final financial court order because it was based on inaccurate or out-of-date financial disclosure
The duty to provide full financial disclosure continues until a financial settlement is reached by the court making a financial court order by agreement or after a contested final hearing.
Full Form E Financial Disclosure
The Form E is prescriptive, so you can't adjust your financial disclosure because you don’t think an asset is relevant.
It’s understandable to be concerned about how to fill in the Form E and the impact of full financial disclosure on the size of the settlement. Your financial settlement lawyer will advise you on full disclosure and:
Whether an asset is likely to be treated as a family asset or non-family asset by the court
The relevance of your prenuptial agreement or postnuptial agreement
How the court will view and treat pre-marriage acquired assets, such as a family business, property or pension
The relevance of post-separation assets, such as an inheritance or large bonus
How assets such as discretionary trusts are treated in financial proceedings and the relevance of income or capital distributions during your marriage
Form E Disclosure and Supporting Documents
Form E disclosure requires information about both your personal and financial circumstances.
Personal information includes:
Your age
Where you live and your housing plans
Whether you are in a new relationship and plan to cohabit or remarry
Your health and its impact on you
Financial information includes:
Properties
Bank accounts and investments
Income
Pensions
Company shareholdings and business interests
Debts and liabilities
Properties and Form E Disclosure
All property that you own or have a legal or beneficial interest in must be disclosed. This includes:
Jointly owned and sole ownership
Where you have a beneficial interest through a deed of trust or cohabitation agreement
Property that you say isn't relevant to your financial settlement, such as your parent’s home transferred into your name as part of an inheritance tax or care home fee strategy
Property you own or have an interest in with a former partner
Buy-to-let property or investment property
Property bought before your marriage
A family home or holiday home in the UK or overseas
Property acquired through discretionary trust arrangements
Property where there is no equity as you have a 100% mortgage or second loans
Form E Disclosure of Bank Accounts and Investments
Your Form E must include details of all:
Bank accounts
Building society accounts
Investments, shares and savings
ISAs
Cryptocurrency
Bonds
Disclosure is required if the account or investment is in your sole name or jointly. Full disclosure includes dormant accounts.
Income Disclosure in Financial Settlements
You may have questions about what income must be disclosed when negotiating a financial settlement or when responding to a financial application. Income is anything that needs to be reported to the HMRC as falling within their income rules.
Income includes:
Salary from employment
Overtime payments
Bonuses including guaranteed and performance-related bonuses
Commission
Share options
Benefits in kind
Deferred income agreements
Promotions, forthcoming salary increases and delayed payments
Self-employed income, including company director income and share dividends
Income from side hustles and secondary employment
State benefits
Income from investments, including ISA interest and dividends and non-ISA investment income
Property rental income including buy-to-let and second holiday home rental income
Pensions and Financial Disclosure
Pensions are complicated or can be hard to trace. That’s why you may be tempted to ignore an old pension or to think it isn't worth the hassle to disclose an old work pension or to ask questions about your husband's workplace pension.
Disclosure rules say that all pensions must be disclosed, including:
Private pensions
Current and any former workplace pension schemes
State pensions
SIPPs – self-invested pensions
SSAS company pension schemes
For every pension you hold, you need to disclose the Cash Equivalent Transfer Value. The CETV may not be a true reflection of the pension's value. That’s why it may be best to get an actuarial report to consider the various pension schemes, their objective value, the pension offsetting figure and the pension sharing order percentage figure to achieve parity of pension income on retirement.
The percentage figure may not be 50% because of your ages or pension yields. Alternatively, equal pension income in retirement may not be reasonable depending on your circumstances, such as a short marriage.
Financial Disclosure of Company and Business Interests
In addition to disclosing any listed shares, you also need to disclose unlisted shares in a family business as well as partnerships or sole trader businesses.
Business disclosure should include:
Company or partnership accounts
Details of all shareholdings or partnership interest
Details of any loans, such as a director’s loan.
Best estimate of the value of the business interest
You may want the court to order a business valuation by an accountant to accurately assess the value of the business so you know the business's likely net worth and can negotiate a fair financial settlement.
Debts and Liabilities
When you are completing financial disclosure, it can be easy to forget to list all debts, including:
Bank overdrafts
Credit cards
Store cards
Loans such as furniture or car loans
Secured loans on property or unsecured loans
Money owing to family and friends
Outstanding tax, such as income tax or capital gains tax
Any outstanding legal or other fees
For each liability, you need to provide:
Evidence of the debt
The outstanding balance
The loan repayment terms
Penalties for Financial Non-disclosure
There are repercussions if you or your spouse doesn’t disclose an asset in financial settlement negotiations or court proceedings, including:
Your spouse may refuse to settle because they don’t trust you
The court could order more extensive financial disclosure
A judge could order committal for contempt of court
The court could make adverse findings for lack of full and frank financial disclosure
The court could make a cost order
You or your ex could apply to the court to set aside the financial court order because of the non-disclosure
The court can set aside a final court order if the financial non-disclosure was either fraudulent or an error. If the failure to disclose wasn’t fraudulent, the court will only set aside the order if the judge would have made a substantially different financial court order if there had been full financial disclosure.
Forcing Your Ex to Provide Full Financial Disclosure
If you are struggling to get financial paperwork from your ex or don’t believe that their disclosure is the full picture, our divorce solicitors can help you look for:
Undisclosed bank accounts, savings, or income
Undervalued assets
Diverted income, such as deferred bonuses or accounting if your ex is self-employed
Assets transferred to friends or family
The transfer of assets overseas, including the use of offshore accounts and trusts
Use of digital assets, such as cryptocurrency, to try to hide assets
A divorce lawyer can look at your concerns and the basis for them and advise on how best to pursue full financial disclosure, weighing up the costs and potential benefits.
Talk to Evolve Family Law
If you are struggling to get financial disclosure from your ex, or unsure if your ex has told you everything or worried about how to fill in your Form E, then the specialist financial settlement lawyers at Evolve Family Law can help you with:
Financial settlement negotiations
Legal advice and mediation support
Court representation in financial remedy proceedings
Form E and financial disclosure advice
Reviewing your ex’s financial disclosure and advising on options
Advice on freezing injunctions if your ex is dissipating assets
Advising on financial settlement after full financial disclosure has been completed
If you are thinking about a separation or are in the midst of a divorce, then our family law solicitors can help you by expertly guiding you through the financial disclosure process and helping you secure a fair financial settlement.
Consult Evolve Family Law Today
Frequently Asked Questions on Financial Disclosure
What happens if my spouse won't complete a Form E?
You need to apply to court for a financial order if you are in negotiations and your ex won't provide full financial disclosure, or asks you to rely on their asset values without supporting paperwork. Court rules will require them to file a Form E and to cooperate with the disclosure process.
Does my inheritance need to be disclosed?
It depends. If you are a named beneficiary in a Will but you don’t expect to receive an inheritance imminently, then you don’t need to disclose the potential inheritance. If you are due to receive an inheritance soon or have received it, then you must disclose it even though you may want to argue that the inheritance should be ignored when working out a fair financial settlement.
Can I ignore financial disclosure requests as I signed a prenuptial agreement?
No, you shouldn’t ignore disclosure requests. Your lawyer will need to consider the wording of the prenuptial agreement and the extent of the disclosure being sought and explain your options. Ignoring requests and not engaging will probably result in your ex applying to court for a financial order.
Do I need to disclose a family trust if I haven’t had any money from it?
Yes, if you are a named beneficiary in a discretionary trust, you need to disclose its existence even if you haven’t received any income or capital from the trustees and may not do so in future. The position is different if the trust is in a Will and the testator has not passed away.
It's always best to speak to a family finance lawyer about the scope of the financial disclosure required when there are trust interests. Too much information can lead to unrealistic expectations. Too little information could result in your ex successfully applying to overturn a financial court order if it was made without revealing the existence of the discretionary or overseas trust.
Does my ex need to disclose their bonus?
Yes, your ex must disclose their bonus as part of the requirement to provide full financial disclosure. The court may treat the bonus payment differently to their regular income, but it must still be disclosed.
What are adverse inferences in financial proceedings?
If your ex refuses to provide financial disclosure, or you can show that they didn’t provide full financial disclosure when filling in their Form E, the court can draw adverse inferences. An example of an adverse inference is the court finding that your ex has undisclosed cash savings because their personal or business bank accounts show that over time cash was syphoned off, although you can't trace where the money was put.
Consult Evolve Family Law Today
Robin Charrot
Aug 04, 2026
A Guide to Staying Safe When You End a Relationship: How to Apply for a Non-Molestation Order or Occupation Order
If you’ve experienced domestic abuse throughout your relationship, you may find the level of abuse escalates after you tell your ex that the relationship is over. Others only experience abuse after they tell their ex that the relationship is at an end.
Whatever your circumstances, you and your children need to stay safe when you decide to end your relationship.
The family lawyers at Evolve Family Law in Holmes Chapel, Cheshire and Manchester can help you obtain injunction orders to keep you safe. Our advice doesn’t stop there. Our divorce solicitors help sort out the wider issues that led to the coercion or abuse after the relationship ended or when your relationship was in its last throes.
If you are worried about parenting arrangements or money, our compassionate family law solicitors in Cheshire and Manchester can help you navigate parenting arrangements for your children, secure a child arrangement order or a financial settlement that’s based on fairness and your needs rather than your ex’s bullying and coercion.
Consult Evolve Family Law Today.
Staying Safe Against Domestic Abuse
Are you debating whether or not to talk to a family solicitor about an injunction? It can be a tough initial decision, as many people assume that the law won't protect them from what they are experiencing or that consulting a family lawyer will only make things worse, assuming they won't be believed or their ex will retaliate.
At Evolve, we explain your rights and options. Calling us doesn’t commit you to applying for an injunction, but it does give you the information to understand what help is out there and how you can get the protection of UK family law.
Gaslit Into Thinking That it Isn't Domestic Abuse
Your ex or your relatives may have gaslit you into believing that your lived experiences don’t count. They do. You don’t have to have been hospitalised to have been the victim of domestic abuse.
The definition of domestic abuse is very wide and covers:
Any incidents or pattern of behaviour
By anyone perpetrating it aged over 16
By any victim who is or was an intimate partner or family member
Control, coercion, threatening behaviour, abuse or violence
Abuse includes:
Physical abuse and domestic violence
Psychological or emotional abuse, including words
Sexual abuse or harm
Economic abuse, financial abuse, coercive control
Victims of domestic abuse can be:
Male or female
In heterosexual or same sex relationships
Wealthy and in a position of power, such as a professional or the family breadwinner
In a marriage, civil partnership or non-married relationship
There is no stereotypical victim of domestic abuse. Anyone can be a victim. You shouldn’t worry that you don’t look the part or won't be believed. Likewise, anyone can be a perpetrator, from a police officer, headteacher, or doctor with their public-facing and safeguarding day jobs, to accountants or company directors with important roles and too much to lose if outed as a perpetrator to their family. Also, the people you would least expect to be capable of violence or cruel words, such as stay-at-home parents.
Words, Actions and Threats Count as Domestic Abuse
Family lawyers, the police and the family court all treat words, actions and threats as domestic abuse. What's important is the impact of the domestic abuse on you or your children.
You may worry that you won't get an injunction order as you don’t have hospital records or other evidence to prove the domestic abuse. However, lots of injunction applicants don’t have that sort of evidence. The court will look at your ex-partner’s pattern of behaviour, such as their coercive control or emotional abuse.
You may need time and family or professional help in understanding the impact of the domestic violence on you, as you may have become immune to it because you have experienced it for so long or have been gaslit into believing that abuse is a normal and everyday aspect of family life.
The Impact of Domestic Abuse on You and Your Children
Sometimes the impact of domestic abuse is obvious for all to see: a black eye, an arm in plaster, your ex arrested and charged with assault. However, you may struggle to see what you have experienced as amounting to abuse.
Here is how domestic abuse can impact some families:
Accepting control beyond the social norms
Saying sorry as an automatic reflex
Learnt response to accept the abuse
Children who are aggressive towards the abused parent through learnt behaviour
Children who are too quiet and well-behaved
Physical symptoms in adults or children, such as physical stress symptoms
It's not uncommon for victims of domestic abuse to only recognise the impact of the domestic abuse on them or their children until after they have left their partner.
Clients tell our family lawyers that they know things have changed for the better because they can now relax and hear their kids laughing. Minor issues that, in your previous life, would have escalated into jibes, arguments or blows are now just everyday inconveniences of no consequence.
Applying for an Injunction Order to Stay Safe
First off, you may not need an injunction order. Our family law solicitors will talk to you and assess your circumstances and explain why they think an injunction order is necessary.
Reasons why you may not need an order:
The police have charged your ex-partner with a criminal offence, and your ex is subject to police bail conditions
Your ex has left the family home and has agreed in writing not to return, and you believe your ex-partner won't go back on their word because of the personal or career implications of you applying for an injunction order
Your former partner’s solicitor has given formal promises or undertakings, and you want to accept those behaviour assurances rather than apply for an injunction
Every situation is different, so in some scenarios an injunction will be necessary even though an ex has been prosecuted. An experienced family solicitor will help you weigh up your options and work out the best route to your feeling safe.
Injunction Orders
There are two types of injunction order:
Non-molestation order
Family home order – ouster or occupation order
The names of the injunctions don’t really describe what they stop.
A non-molestation order against your ex covers all the domestic abuse they have subjected you to, such as physical assaults, harassment and emotional abuse. It's best to be upfront with your lawyer about the extent of your ex’s behaviour so the non-molestation order injunction covers the behaviour that’s affected you.
Non-molestation orders can cover:
Your ex encouraging his friends or family to harass you
Your ex contacting your employer or work colleagues
Your ex inundating you with messages via social media and subjecting you to online stalking and harassment
Your ex telling the children that you won't be satisfied until they are in prison, that you are evil, that you don’t love them…
An ouster or occupation order relates to the family home. The Family Law Act refers to a dwelling house, but that’s widely defined as a property that was the family home or was intended to be the family home.
A dwelling house can be:
Rented
Owned by you or your ex
Jointly owned
A property you planned to move into as the family home
A family home injunction order does not change legal ownership or long-term occupation rights. It’s a temporary order to keep you and your children safe until:
You get the tenancy agreement changed to your name, or
You get a financial court order that deals with what happens to the family home and your housing, or
If you are unmarried, you make a TOLATA claim or a Schedule One Children Act 1989 claim for housing for your children
A family solicitor will discuss the likelihood of your getting the financial court order or TOLATA order that you want and the timescales so you can make a decision on whether to apply for a non-molestation order and/or a family home injunction order.
Unless it's an emergency, you should not move out of the family home until you take specialist legal advice.
Leaving the Family Home
The best quick advice a family lawyer can give is that unless you are in immediate danger, you shouldn’t move out of the family home until you have taken legal advice.
Often clients come to our divorce solicitors after they have left the family home because their ex told them something to make them leave:
The ex says
The lawyer’s answer
You won't get the family home in a financial court hearing so you might as well leave now.
That’s not necessarily true. You may hurt your claim for the transfer of the family home to you if you leave. Financial court proceedings can take over 12 months to get to a final hearing. It's often best that you and the children stay in the family home to avoid disruption until the court decides who gets to keep the family home.
You won't be able to stay in the family home because you can't afford the rent/ mortgage or bills.
If money is an issue, your lawyers can advise on making a child support claim under the Child Maintenance Service, temporary spousal maintenance, court-ordered child maintenance or occupation orders that say your ex should pay certain bills until the family home order ends.
If you don’t leave the family home, I will apply for custody of the children.
The court decides how much parenting time children should spend with each parent. The decision is based on the child’s welfare. Empty threats are sometimes made about custody applications, but family lawyers can provide reassurance.
You have no rights as your name isn’t on the deeds
You don’t need to be the legal owner of the family home to apply for an injunction order. If your ex owns the property or you are a joint owner, you can apply for an occupation order or ouster order.
Ouster Orders and Occupation Orders
Lawyers talk about occupation orders and ousters as if they are interchangeable, but they are different.
An ouster order ousts your ex from the family home. The order is only necessary if your ex is still living at the family home. If they have already left, then you may need an occupation order that says you can occupy the family home to the exclusion of your partner until you either reach an agreement over who gets to keep the family home or the court decides whether it should be sold or transferred to one of you.
Ouster and occupation orders can be made to suit your circumstances. Under Section 33 of the Family Law Act 1996, the judge has the power to order:
Your ex allows you to enter and remain in the family home or part of it
To regulate the occupation of the family home by either of you
To restrict or suspend your ex-partner’s right to occupy the family home
If your ex-partner has home rights to the family home and you are their spouse or civil partner, to restrict or terminate those rights
To require your former partner to leave the family home or part of it
To exclude your ex from a defined area in which the family home is included
The Act refers to ‘associated persons’ and orders over the ’dwelling house ’. If you are unsure if you are an associated person or if your property counts as the family home or dwelling house, speak to an injunction solicitor.
Injunction Law
Injunction law and occupation orders are governed by:
Section 33 of the Family Law Act 1996
The Domestic Abuse Act 2021
Factors the Court Considers When Making an Ouster or Occupation Order
When deciding whether or not to make an ouster or occupation order, and the scope of the order, the court must have regard to all the circumstances including—
The housing needs and housing resources of you and your ex and any relevant child
The financial resources of you and your ex
The likely effect of any order, or decision not to make an order, on the health, safety or well-being of you, your ex and any relevant child
The conduct of you and your ex in relation to each other
Importantly, the Act says that if it appears to the court that you (the applicant) or any relevant child is likely to suffer significant harm attributable to the conduct of your ex-partner if an order is not made, the court shall make an injunction order unless:
Your former partner or any relevant child is likely to suffer significant harm if the order is made; and
The harm likely to be suffered by your ex or a child is as great as, or greater than, the harm that you or any relevant child are likely to suffer if the injunction order isn't made (a balancing of harm test)
How Evolve Family Law Can Help You
If you are stressing about how best to safely end your relationship or working out how to appease your ex so the kids don’t get to see you verbally abused at contact handovers, then our family lawyers can help.
Our divorce solicitors and cohabitation lawyers have helped many people in your situation with:
Initial confidential consultations so you understand your options
Practical legal advice on the implications of separating and what you need to plan for
Non-molestation order, ouster and occupation order applications with strong applications and statements for court explaining how domestic abuse has impacted you and why you need an order to keep you safe
Child arrangement order, prohibited steps order and specific issue order applications to protect your children
Family law financial advice so you get the money you are entitled to, such as Child Maintenance Service, top-up child support, interim spousal maintenance or school fee orders
Legal advice so you are supported in between family mediation sessions or advised that mediation isn't the best alternative dispute resolution option for you
Checking separation agreements or draft financial court orders to make sure the orders protect you
Converting agreements or mediated settlements into binding court orders
Enforcing injunctions, financial or children law orders
If you don’t know where to begin, start with Evolve Family Law. You will get clarity on your options and advice on how to protect yourself and your children.
We're family law specialists who put your new beginning first.
Consult Evolve Family Law Today.
Frequently Asked Questions on Injunctions
Do I have to go to court to get an injunction?
The court makes an injunction order at a court hearing, so you will need to go to court with your family lawyer to secure your order. Your ex-partner may not be at the hearing if it's a without notice hearing. If you are worried about going to court, your injunction solicitor can explain the process and discuss any safety concerns.
What is an on notice hearing?
There are two types of injunction hearing – on notice and without notice. In an on notice hearing, your ex is told about the hearing date and can come to the hearing and object to the injunction.
What is a without notice hearing?
A without notice hearing takes place in the absence of your ex-partner. A without notice hearing is usually only permitted by the court if you are applying for a non-molestation order, and the application is urgent.
If you are applying for a non-molestation order and an occupation order, the judge may grant you the non-molestation order at a without notice hearing but list your occupation order application for a on notice hearing.
How can I protect my children from my ex-partner?
A non-molestation order or an occupation order can cover your children as well as you. If you are worried about your ex taking the children or not returning them after a contact visit, your family lawyer can apply for a child arrangement order or a prohibited steps order.
Do I need an injunction order if the police are involved?
Possibly; it depends on whether your ex has been arrested, charged, or prosecuted, and whether there are bail conditions or orders that protect you. A family law solicitor can check the scope of the police involvement and advise on the need for an injunction order.
My ex is sorry and says I don’t need an injunction order
If your ex says that they are sorry, you may still need an injunction order to keep you and your children safe. Sorry is easy to say but hard to act on if your ex has a track record of abusive behaviour. Talk to an injunction solicitor to get an independent view on whether you need an injunction.
How long does an occupation order last for?
The court can make an ouster or occupation order for a specified period, until the occurrence of a specified event or until further order. Most orders remain in force until the court decides who gets to keep the family home in either proceedings brought under the Matrimonial Causes Act 1973 (married couples or civil partners) or TOLATA legislation (unmarried couples).
What is the balance of harm test in an ouster or occupation order application?
A family home injunction order is a draconian measure as it is an order telling someone that they can't live in or return to a home that they would otherwise be entitled to live in.
The balance of harm test weighs the potential harm to you (the injunction applicant and your children) if the order is not made against the harm to your ex and any relevant children if the order is made. A family law solicitor can explain how the judge will balance the competing needs and advise on the other factors the court considers.
Consult Evolve Family Law Today.
Holmes Chapel, Cheshire
Whitefield, Manchester
Robin Charrot
Aug 04, 2026
Why Separating Couples Need a New Will: A Guide to Protecting Your Future
The end of a relationship turns your world upside down. You’re trying to keep a semblance of normality while hiding your emotional struggles and financial uncertainties for the sake of your children, and juggling all the things that you have to manage when life throws a curveball at you.
At Evolve Family Law, our divorce solicitors get that, but because we have your back, we’ll suggest that you make a new Will. In this guide, we explain why, after a separation, you shouldn’t wait to make a new Will and how our Will lawyers can make the process of writing a new Will as quick and stress free as possible.
Contact Evolve Family Law for a new Will
Separation, the Law and Wills
Your separation from your husband, wife, civil partner, or unmarried partner doesn’t:
Cancel your current Will
Exclude your ex-partner from inheriting
Protect your children financially
Only a new Will does that.
Here's how the law works if you are married or in a civil partnership, or if you were in an unmarried relationship:
If you’re married or in a civil partnership
You might assume that separating means your spouse or civil partner no longer inherits under your Will. Sadly, that’s not how the law works.
Until you’re legally divorced or your civil partnership is formally dissolved, your spouse or civil partner is still in a legal relationship with you and will inherit if you named them in your Will or will inherit under the intestacy rules if you haven’t made a Will.
Your Will isn't changed, and your assets aren’t suddenly protected for your children or extended family if you start divorce proceedings or dissolution of civil partnership proceedings.
Your Will is only affected by your divorce or dissolution of civil partnership after you have received your final order of divorce or dissolution.
No-fault divorce proceedings take a minimum of six months to complete because of court rules. Often, the timescale is longer, as it can be in your financial best interests to delay getting your divorce final order until you have secured a financial settlement. However, while you protect yourself and wait for your divorce to come through, your family is vulnerable, as your estranged spouse can still inherit under your Will or act as your executor. If the worst were to befall you, your spouse could still control your estate and make decisions you’d never want them to make now.
If you’re cohabiting
You might assume that because you’ve separated, your ex-partner has no claim. But if you named them in your Will as a beneficiary or as your executor, they stay in your Will until you change it.
If you never made a Will at all, or didn’t include your ex-partner in your Will, then your ex-partner won’t inherit under the intestacy rules or the Will, but your children may not be protected either. That’s because the intestacy rules aren’t fit for purpose and don’t meet the needs of modern families.
A new Will allows you to protect your loved ones and reduces the risk of your ex-partner being able to challenge an existing Will or the intestacy rules successfully and argue that they should get a share of your estate. A new Will puts you back in control and protects your family.
Why Your Old Will No Longer Fits Your Life
When you wrote your old Will, you will have anticipated a shared future with your estranged spouse or ex-partner and probably would have left everything to your partner, named them as executor, and trusted them to make a Will and leave what remained of your estate and their own assets to your shared children or to make fair estate planning choices if you have a blended family.
Life looks different now because your priorities, relationships, and plans have changed. They will have different priorities and plans as well.
Unless you update your Will, the law will treat your separated ex as if nothing has changed.
Whilst you may want time to ponder, your ex could have changed their Will. There is no obligation to tell you that they’ve done so.
[related_posts]
Why Will Timing Matters More Than You Think
When you’re separating, life feels like it’s in limbo. You’re not together, but you’re not divorced. You’re not sure what the future looks like. You’re trying to keep going despite the onslaught of trying to agree on parenting arrangements, getting the family home valued or taking time out of work and childcare responsibilities to check out your mortgage options as a single parent.
However, a new Will matters now — not later.
Your ex could inherit everything
If you died tomorrow without a Will and your spouse is still legally your spouse, they’re still first in line to get the lion's share of your estate under the intestacy rules. If you do have a Will, the likelihood is that they are in it.
This applies even if you’ve been separated for years, have been living completely separate lives, have started a new relationship, and have children.
Your children may not be protected
If you want your children to inherit directly, or you want money held in trust for them, you need a Will that says so.
With your existing Will, you may be relying on your ex-partner to do the right thing and give the money inherited under your Will to the children.
If your ex-partner doesn’t do the right thing, then your children could be fighting your ex in an inheritance dispute for what should rightly be theirs because it is what you would have wanted if you had realised just how vulnerable your children were under Will and intestacy rules.
Your new partner may be left with nothing
If you’ve moved on, any new unmarried partner has no automatic rights to a share of your estate. A Will is the only way to protect them.
Your estate could end up in a long court inheritance dispute
Separation already brings enough conflict. A Will reduces the risk of your ex, your children, or a new partner bringing a claim against your estate, arguing that either your old Will or the intestacy rules don’t make reasonable financial provision for them.
You get peace of mind
You’re dealing with enough stress with your separation. A new Will means you have one less thing to worry about.
If you are worried that you will have to get another new Will when your divorce or civil partnership dissolution is finalised, then don’t worry; you won't. Your Will solicitor will draw your Will up so it won't need to be changed again when you get your final divorce order.
What a New Will Lets You Control
A Will isn’t just about your money. It’s about protecting the people you love.
Here’s what you can decide with a new Will:
Who inherits — and who doesn’t
You choose exactly where your money, home, and belongings go. A Will lawyer can explain your options and how best to structure your Will to reduce the risk of inheritance disputes and claims.
Who manages your estate
You can remove your ex-partner as your executor and appoint someone you trust. This could be a sibling, a longstanding family friend, your Will solicitor or a combination.
Who looks after your children
If your ex has no interest in caring for your joint children or you have concerns about their ability to look after the children on their own, then you can appoint a testamentary guardian for your children in your Will. Your family lawyer and Will solicitor can explain how the appointment in your Will works.
How your children inherit
You can set up trusts in your Will so children inherit at the right age, with the right support. If you and your ex are separating or divorcing amicably and you trust them to put your children's needs before their own, then you could appoint them to act as one of the trustees.
How to protect your share of the family home
If you still own a property together, your will can protect your share for your children. A Will lawyer will check whether a jointly owned family home is held as joint tenants or tenants in common. This legal distinction is important because with a joint tenancy, your share of the family home will automatically pass to your co-owner, regardless of what your existing Will or the intestacy rules say. Your Will lawyer can solve that problem for you by converting the family home from joint tenants to tenants in common, so your share of the property passes to your loved ones under your new Will.
How to protect a new partner
You can give a new partner (who may have been living with you for years by the time you and your ex decide to start divorce proceedings) the right to stay in the family home, or leave them a specific gift, without reducing your children’s inheritance.
A new Will gives you choices. Separation takes a lot of your control away, but a new Will gives you a semblance of control and the knowledge of what your life will look like in the future once you have fully separated from your ex.
Why Do You Need a Will Solicitor For Your New Will
Families often have:
Joint homes with uneven deposit contributions
Joint property ownership with confusion over whether the property is held as joint tenants or tenants in common, and what that means for you and your children
Blended families and children from previous relationships or first spouses with spousal maintenance claims who therefore have potential inheritance claims
Family businesses
Inherited property
Complex assets, including investments, second homes and overseas property
Assets that may not form part of the estate, such as some types of life insurance
Disputed ownership claims, such as where you are claiming that you have a beneficial interest in a property in the legal ownership of your unmarried partner
These situations make Wills even more important. Without one, the law can divide your estate in ways that are unfair or don’t meet the needs of your family. A Will lawyer can navigate all the complexities and get a new Will sorted out that meets your changed needs.
What Happens if You Don’t Make a New Will
Here’s the part most separating couples don’t realise.
If you have a Will
Your ex-partner remains in it until you remove them, or you finalise the divorce, or dissolve the civil partnership. An unmarried ex-partner stays in your Will indefinitely.
If you don’t have a Will
The intestacy rules decide who gets what from your estate. Your wishes don’t have any legal sway. If you’re still legally married, your spouse inherits first.
This is why so many families end up in painful disputes after a death. A new Will prevents that.
How to Update Your Will When You’re Separating
You don’t need to wait for the divorce to finish. You don’t need to have everything agreed. You don’t need to know exactly what the financial settlement will be.
You just need a Will that reflects your life as it is today.
Here’s what the process usually looks like:
You talk to a Will solicitor who listens to what you want
You explain your situation, your worries, and what you want to protect. You’re not rushed. You’re not judged. You’re heard.
The advantage of talking to a Will lawyer at Evolve Family Law is that if you have already given a lot of financial information to your divorce solicitor, they will be able to look at this information and save you from having to repeat it all.
You get clear Will advice
You’ll understand your options, the risks, and the best way to protect your children and assets.
You choose who inherits
You decide what goes to your children, family, or new partner.
You choose who’s in charge
You appoint executors you trust.
You sign your new Will
Once it’s signed and witnessed, it’s legally binding. It can be stored free of charge at Evolve Family Law if that’s what you would like us to do.
You get peace of mind
You know your estate planning wishes will be followed, whatever happens next. You can get on with sorting out parenting plans and thrashing out a financial settlement.
Your Will Experience at Evolve Family Law
Clients often tell us that a new Will isn't a top priority when they are separating. That’s because they hope something won't happen to them and because they don’t think they can cope with the hassle of talking about estate planning with another solicitor.
Here’s what some of our clients say about their Will experience at Evolve Family Law:
Chris Strogen was an excellent choice, being an amalgam of the very best characteristics of a traditional, empathetic, knowledgeable lawyer backed by the latest appropriate technology. The work was undertaken expeditiously (in a couple of days) and at a very reasonable charge.
Chris was highly responsive and effective, providing expert legal advice that fully addressed my changing circumstances. Great service!
In a very professional but friendly manner, Judith steered us through the many options for both the Wills and LPA documents, and we feel very comfortable that the final documents will serve our family well, as and when they are needed. (Hopefully not too soon).
You deserve that same peace of mind.
Contact Evolve Family Law for a new Will
Frequently Asked Questions on Wills and Separating Couples
Do I need a new Will even if I’m only separated, not divorced?
Yes. Separation doesn’t change your Will. Your spouse is still legally your spouse until the divorce is final. They can still inherit unless you change your Will.
What happens if I don’t have a Will at all?
The intestacy rules decide everything. Your spouse may inherit most or all of your estate. Your children may not receive what you want them to. A Will puts you back in control.
Can I stop my ex-partner from inheriting?
Yes — but only by making a new Will and by taking specialist legal advice on how to minimise the risk of them bringing a claim for a share of your estate because of their status as a spouse, former spouse or dependant. Separation alone doesn’t remove a spouse or unmarried partner from your Will.
What happens if we still own the house together?
You can change how you own the jointly owned property (for example, from joint tenants to tenants in common). You don’t need your ex-partner’s permission to convert ownership from a joint tenancy to tenants in common.
Can I protect my new partner?
Yes. A Will is the only way to make sure an unmarried partner is provided for. Without one, they may receive nothing. If you are planning to remarry, you need to speak to a Will solicitor about how your second marriage will affect any existing Will.
When should I update my Will?
Now. The moment you separate, your old Will is out of date. You don’t need to wait for the divorce to be finalised to give Will instructions and protect your family. New priorities mean a new Will.
Your Next Steps
If you’re separating, you’re already feeling under pressure. Updating your Will shouldn’t add to that. It should make life feel safer. You should be proud that you are on top of your paperwork and protecting your family.
At Evolve Family Law, our Will solicitors will get on with the job with the minimum of fuss and normally at a fixed fee. Here's the link to our fixed fee Will charges. Call us for the peace of mind you and your family deserve.
BOOK YOUR WILL CONSULTATION NOW.
Chris Strogen
Jul 14, 2026
Do I have to go to Family Mediation?
Family mediation is voluntary. No one can be forced to attend. However, there are implications if you choose not to try mediation or any other type of alternative dispute resolution and make a court application for a judge to resolve your family law dispute.
In this blog, our family law solicitors explain what mediation involves, the support your family lawyer can provide and outline your options.
Contact Evolve Family Law.
Finding out about family mediation
Your family law solicitor will provide you with information about all your alternative dispute resolution options to resolve disputed issues with your ex-spouse or partner. Alternative dispute resolution can help resolve disputes over money, maintenance, property, pensions, the family business or the living and contact arrangements for your children.
The alternative dispute resolution options include:
Family mediation.
Amicable Divorce - One Lawyer Divorce.
Solicitor negotiations.
Roundtable meetings.
Collaborative law.
Arbitration.
A family lawyer can explain the pros and cons of each option and outline why one may be more suitable than others.
Although you may not have a positive view about mediation because of previous experience or the tales of friends, a divorce solicitor can explain the different types of mediation process, such as lawyer-involved mediation, shuttle mediation or child-inclusive mediation, and can recommend a mediator to you.
One-to-one preliminary meeting with a family mediator
Many people are reluctant to try mediation because they think they will be rushed into a settlement they don’t want and that won't work for them. However, mediation normally starts with a one-to-one preliminary meeting with a mediator. This is called an MIAM or Mediation Information and Assessment Meeting. A MIAM should be treated as a meet-and-greet and strategy meeting, so the mediator has sufficient information about you and your family to enable them to work out a mediation plan that reflects your priorities and those of your ex-partner.
The Mediation Information and Assessment Meeting
At the MIAM meeting, the mediator explains how mediation works, outlines the role of a family mediator, assesses whether mediation is a suitable option for you, and answers your questions.
It is best to outline your specific concerns about the mediation process in the MIAM so the mediator can discuss solutions. For example, the mediator may suggest shuttle mediation or recommend the instruction of experts during the mediation process if you do not think that you can come to a fair financial settlement without a formal valuation of the family business or without a report from a pension actuary.
If the mediator does not think that mediation is suitable for you and your former partner, they will sign a form saying so. Your divorce solicitor will advise on whether the mediator is likely to say whether you fall within one of the exemptions that make mediation unsuitable. Even if the mediator thinks that mediation is a suitable option to resolve the disputed family law issue, either you or your ex-partner can decide that you don’t want to mediate.
Role of family law solicitors in mediation
Some people are reluctant to go to mediation because they fear their ex will push them into an ‘agreement’ they don’t want and think they would be better protected by their divorce solicitor handling everything for them. Sometimes they are right, and mediation is not the right option. For example, if one spouse is abusive, financially manipulative or refuses to provide financial disclosure of their assets. In other situations, family mediation can be empowering, and you, the mediator, and the family lawyers can work out the extent of the family law solicitors' role in the mediation process.
The role of family law solicitors in mediation can involve:
Lawyer-inclusive mediation.
Mediation support.
Legal implementation of the mediated agreement.
[related_posts]
Lawyer-inclusive mediation
With a lawyer involved in mediation, both family lawyers attend the sessions and provide advice to their respective clients between sessions. This type of mediation is only feasible if both partners want the lawyers to be present during sessions and the mediator agrees.
Lawyer-inclusive mediation can be a good option when there are complex assets or issues, and the two lawyers can work in ways that support the mediation process, giving it the best chance of success.
Having family lawyers present at family mediation meetings increases costs, so it is best to explore alternatives, such as seeking legal advice between mediation sessions or suggesting shuttle mediation if you don’t want to be in the same room as your ex and the mediator.
Mediation support provided by a family solicitor
A family lawyer can provide mediation support by:
Explaining the mediation process.
Advising on potential child arrangement order or financial court order outcomes if either you or your ex-partner start financial settlement or children law court proceedings.
Advising on the extent of financial disclosure required to reach a fair mediated financial settlement.
Explaining an ex-partner’s financial disclosure and recommending that additional questions be asked or that valuation reports be obtained.
Advising on tricky legal points that crop up in mediation, such as the relevance of a prenuptial agreement or a future inheritance or how the court will treat a family business if court proceedings are started.
Reality testing childcare or financial settlement options suggested in family mediation sessions.
Explaining your options if mediation breaks down.
Converting your mediated memorandum of understanding into a binding financial court order or child arrangement order.
Sorting out the associated legal paperwork involved with a separation, such as no-fault divorce proceedings, the sale or transfer of the family home, a new Will or Lasting Power of Attorney.
Legal implementation of the mediated agreement
Some family lawyers are only instructed after family mediation has taken place, and an agreement has been reached. The family law solicitor can:
Advise on the memorandum of understanding.
Convert the mediated agreement into a binding financial court order or child arrangement order.
Legally implement the order. For example, arrange for the pension administrator to implement a pension sharing order.
If you reach an agreement in mediation but you do not finalise the divorce proceedings or obtain a court order, your ex could try to renege on the agreement later. That’s why it is essential to get input from a family lawyer on the memorandum and what needs to be done to convert it into a court order.
Confidentiality and mediation
Sometimes people worry that if they say they are willing to give mediation a go and it fails, anything they said in mediation will be used against them in subsequent court proceedings for a financial settlement or child arrangement order.
Mediation rules prevent either you or your ex-partner from revealing in court proceedings what was said in mediation to try to reach a compromise.
Impact of not going to mediation
If you choose not to go to family mediation or try any other form of alternative dispute resolution, and you issue court proceedings, the rules state:
The judge can decide to adjourn the application for mediation if the judge thinks it should be attempted.
The judge can penalise someone who started court proceedings or who refused to try alternative dispute resolution by making a cost order in favour of the other person.
Legal advice during mediation
At Evolve Family Law, our family solicitors emphasise the benefits of reaching a financial settlement or agreeing parenting arrangements outside of court proceedings. Family mediation is one of several ways to achieve that. Our lawyers can support you through the mediation process and, if it is successful, ensure that your mediated agreement is converted into a binding court order and implemented.
Contact Evolve Family Law.
Robin Charrot
Apr 14, 2026
Divorce and the Family Farm
Any divorce is traumatic, but it can be particularly tough in a farming family as the farm is both the source of the family income and the family home.
When you are trying to end your marriage and sort out the division of personal and business assets, it is especially important to choose a divorce solicitor with expertise in divorce in the farming community.
Contact Evolve Family Law.
Family farms and divorce
Some people question why a divorce involving a family farm is different from any other type of divorce. Whilst every divorce is painful, one involving a family farm can be particularly complicated and emotive. Often, the farm has been in the family for generations. There is, therefore, a great sentimental attachment to the farmhouse and land. Not only that, the farm is normally both the family home and the source of income for the entire family, including extended family members such as grandparents and adult children.
Adding to the complexities, the farm, or part of the land, may be owned by the older generation, or one spouse’s parents may receive income from farm profits to provide a pension after they transferred ownership of the family farm to a son or daughter.
A divorce lawyer at Evolve Family Law can advise on the financial complexities of divorce involving a farm, explain your options, and help you negotiate and agree on a fair divorce financial settlement. If that is impossible, we can expertly represent you in a court application for a financial court order and present your case for why you need the order you are seeking.
Prenuptial agreements and farms
In an ideal world, a farming family will take private client advice before handing over ownership of the family farm to a son or daughter. Often, a farming family is told by an estate-planning solicitor that it is tax-efficient to transfer ownership of the farm to the younger generation to minimise inheritance tax. That is all very well, but unless specialist family legal advice is sought, the family may be reducing the risk of paying a large inheritance tax bill while exposing the family farm to divorce claims, because they did not receive advice on the benefits of a prenuptial or postnuptial agreement.
Is a farm a family asset whose value will be shared?
Some farming families believe that if the family farm has been gifted or inherited, it will automatically be protected or ring-fenced from any financial claims arising on divorce. That is not necessarily the case.
Divorce financial claims can be made against the assets even if an asset is:
Owned in the sole name of one spouse, and
Was owned by the spouse before the marriage, and
It has been in family ownership for a long time.
When a couple gets divorced, all the assets they own, individually or jointly, are considered by divorce solicitors when negotiating a financial settlement or by the court when making a financial order. The court's decision will depend on whether the asset is classified as a family or matrimonial asset, or a non-family or non-matrimonial asset. If a husband and wife cannot agree on whether an asset is a family asset or not, the court will decide.
If an asset is classified as a family asset, the court will treat its value as potentially divisible between the husband and wife. Alternatively, its value can be offset against other assets, such as land, investments, or pensions.
If land or property is classed as a non-family asset belonging to one spouse, the court will not share the non-matrimonial asset between the husband and wife unless the non-owning spouse’s and the children’s needs are such that they can not be met from them sharing all the family assets, including where needs are not met from one spouse getting 100% of all the family assets and the other spouse retaining their asset that has been held to be a non-matrimonial asset, such as a farm business.
Will a prenuptial agreement make a family farm a non-matrimonial asset?
If a family own a farm and wants to leave it as a legacy or gift to a son or daughter, the best option to protect the family farm from divorce claims is to sign a prenuptial agreement before the marriage.
Although a prenuptial agreement can try to ring-fence the family farm from any financial claims in divorce, whether it will work fully depends on the family's needs at the time of the divorce and the availability of other assets to meet those claims.
In any family situation involving a family farm, divorce solicitors recommend seeking legal advice on the benefits and potential disadvantages of a gift or transfer before the farm is transferred to a son or daughter. Advice can then be taken on the option of a prenuptial agreement or, if they are already married, a post-nuptial agreement.
Divorce and the family farm
If you are getting divorced and one of you owns a family farm, then both husband and wife should take expert legal advice from specialist divorce and family finance solicitors.
The farm owner likely wants to keep the farm, while the spouse who does not own it wants it sold to raise money to buy a house to rehome them. There may be mention of the land’s increased value if farm buildings or land could potentially get outline planning permission, so it can be developed for housing or even get planning permission for a new town.
Valuing a family farm in divorce proceedings
In any divorce and financial proceedings, assets need to be valued. That applies just as much when the asset is a family farm. A specialist valuation will be needed to look at the value of the farm and land, as well as any ‘’hope’’ value in relation to planning permission and development opportunities or the sale of part of the acreage. In addition, the value of the farm asset will depend on the income generated and the value of the agricultural land.
[related_posts]
Selling part of a farm to fund a divorce financial settlement
If a farm is owned in the sole name of a husband or wife (rather than ownership being shared with parents and siblings), then it may be possible to sell part of the land or a farm building or to raise capital by mortgage to meet a husband or wife’s divorce financial claims.
When it comes to a family farm and divorce, the court may view the farm as a non-matrimonial asset and therefore will not order that its value be shared equally between the husband and wife. However, the bottom line is that a husband or wife may get an award that affects the family farm if it is the only way that their housing and other needs can be met.
Choosing Evolve Family Law
When a divorce solicitor is giving legal advice to either a farmer or their spouse, the aim is to achieve a financial solution that provides a home for the husband, wife, and children, and, ideally, does not affect the continued viability of the working farm. This can require creative resolutions to secure the family farm for future generations.
At Evolve Family Law, our specialist divorce lawyers are experienced in advising on prenuptial agreements and farms and on reaching divorce financial settlements where there is an owned or tenant farm and a creative divorce settlement is required to preserve the farm whilst also meeting the family's need for rehousing and income.
Contact Evolve Family Law.
Robin Charrot
Apr 14, 2026
What Are My Rights Regarding Family Business & Divorce?
As North West divorce solicitors specialising in resolving financial disputes after a separation or divorce, we spend a significant amount of time addressing ownership and the treatment of business assets.
If you own shares in a family business or are a partner in a limited liability partnership, or a sole trader, or a spouse whose partner has business interests, then Evolve Family Law has the expertise and experience to help you negotiate a fair financial settlement even where business assets are considered complex or non-realisable.
Contact Evolve Family Law.
Family assets or business assets
Many people assume that if they split up from their spouse, their business assets are ring-fenced and will not form part of the financial settlement. That isn’t the case. In divorce financial settlement proceedings, the court can order the valuation of a business and the sale or transfer of company shares.
Is a business asset a family asset or a non-matrimonial asset?
A business can be either a family or matrimonial asset or a non-family or non-matrimonial asset. If a divorcing couple cannot agree on the status of the business, the family court can rule on whether the asset is a family or non-family asset. The answer will depend on the family circumstances.
The distinction of whether a business is a family or non-matrimonial asset is important because the value of the business may exceed the equity in the family home, any savings or the value of pension funds.
The court can hold that business interests are a family asset even if the shares in the family business are owned solely by one spouse, and the other spouse has had no day-to-day involvement in the business.
If a couple agrees or the court orders that a business is a family asset, the court can share the business's value by selling or transferring it, or by offsetting its value. Offsetting means the non-business-owning spouse receives a larger share of the equity in the family home, investments or pensions.
If the business asset is deemed to be a non-matrimonial asset, then the court will only share its value with the other spouse if it is necessary to do so because the division of the family assets is insufficient to meet reasonable needs. A spouse’s reasonable needs may include housing for themselves and minor children. For example, if the equity in the family home is £500,000, and the shares in the family business are worth £3 million and the spouses will each need £500,000 to rehouse themselves.
Legal advice when you are divorcing, and there are business assets
It is therefore important to get specialist advice from a Manchester divorce solicitor on business assets within divorce proceedings so that you understand:
The relevance of business assets to your financial settlement.
How to get the business asset accurately valued.
The options on how to reach a financial settlement where there are business assets.
Tips for those who are divorcing with family businesses
Here are some tips on what you should consider if you are divorcing and either you or your spouse has business assets:
Make sure that the business is accurately valued. The choice of valuation method may significantly affect its value. The value of a shareholding may be affected if it is a minority shareholding or has limited voting rights.
Take legal advice on the best person to value the business. It could be the existing company accountant, business advisor, or a forensic accountant.
Understand the tax implications of agreeing to a sale or the transfer of shares.
If you are an employee of the company, make sure that the financial court order deals with your employment status and any tax implications of terminating the employment.
If you intend to continue in business with your former husband or wife, ensure that, as well as obtaining a financial court order, you also regulate the new business arrangement with a new shareholder agreement or partnership agreement.
Business valuations in financial settlement negotiations or court proceedings
There are many different methods of business valuation. These include:
The net book value.
Multiple of profit.
Capital value or a combination of value and profit.
Getting the valuation method right can make a significant difference to the size of the financial settlement.
If the net book value is used, the valuer must be satisfied that the assets are correctly valued in the business accounts. Sometimes the assets are included in the accounts at an artificially low figure, or the assets have not been revalued for some years.
If a business valuer is valuing a shareholding using a profit multiple, this can be difficult, as profits may have been overstated or understated in the accounts. In addition, the accountant needs expertise to understand the appropriate multiples for the business sector.
Employment in the family business and divorce proceedings
A spouse who was a ‘sleeping partner’ or an employee in the business during the marriage to maximise the tax advantages to the family may find themselves with unexpected and unwelcome tax liabilities unless their family solicitor and financial advisor explain the consequences of exiting the business and put protection strategies and liability cover in place in the financial court order.
If a business owner negotiates to retain their business as part of their financial settlement, they may find they have an unexpected business exposure if their ex-spouse does not agree to resign from the company and to forgo any employment law claims in the preamble to the financial court order. This point is important, as some former spouses who remain employees of the business can bring an employment tribunal claim without a limit on the employer’s liability for discrimination. The claim can be prevented if the employed spouse agrees to forgo any such claims as part of their divorce settlement.
If a spouse is reliant on income from the business to meet their outgoings, the financial settlement can still include the transfer of their shares, the termination of their employment and the payment of lifetime or time-limited spousal maintenance. If the spouses are nearing retirement, the financial court order could include a pension-sharing order, so the financially stronger spouse shares their pension income while retaining the business in the financial settlement.
[related_posts]
Family business protection in financial court orders
When a husband and wife agree to separate but want to continue operating the family business together, the agreement must be properly documented to avoid disputes and minimise the risk of a future falling-out. Protection can take the form of written employment contracts, a shareholder agreement, and a family financial court order. These documents provide checks and balances, such as recording the agreed policy for declaring dividends or for employing new staff, ensuring both spouses have legal protection. With these documents in place, many spouses can work together successfully even if they can’t continue living together.
Prenuptial agreements and their role in protecting business assets
A prenuptial agreement (or a postnuptial agreement if a couple is already married) can sometimes be the ideal solution to protect business assets from financial claims in divorce proceedings. A prenuptial or postnuptial agreement can try to ring-fence the business completely from claims in divorce. If this is not possible, the agreement can include provisions to protect the family business in the event of a divorce.
When it comes to the business of divorce, it pays to get the right legal help from experienced and expert divorce solicitors, such as Evolve Family Law.
Contact Evolve Family Law.
Robin Charrot
Apr 13, 2026
What Can I Do About Emotional Abuse in my Marriage?
Some people don’t like to admit that they are in an emotionally abusive relationship. Others recognise that their partners' actions are abusive, but they are uncertain about what they can do about it.
In this blog, our Northwest divorce solicitors look at what you can do about emotional abuse in your marriage.
Call Evolve Family Law or complete our online enquiry form.
What is emotional abuse?
Even family lawyers find it difficult to define emotional abuse. Unlike physical violence, there is no unmistakable slap mark, bruise or fracture. The effects of emotional abuse are subtle, but they can be as damaging as physical abuse.
Emotional abuse is the exertion of control through the manipulation of emotions. It isn’t typically a one-off experience; it's usually a slow and invidious process until you reach the point where you no longer have the strength to recognise the behaviour as abusive, the ability to call out the abuse or leave the relationship.
Sometimes it can take seeing your partner start the same pattern of emotional abuse with your child to trigger the decision to do something about the abuse in your relationship.
Emotional abuse is best described by the actions it involves:
Constantly belittling you.
Controlling your actions.
Restricting access to friends and family.
Examples of emotional abuse in a marriage
When friends or relatives see your spouse as loving and attentive, it can be hard to explain that there is another side to the relationship. The best way for family members and others to understand why you need help is to give examples of the emotional abuse, such as:
Being told you are a fool or stupid.
Questioning your sanity if you disagree with them.
Controlling what you can wear or eat.
Restricting access to family or friends.
Telling you that their behaviour and their control over what you can do is for your own good.
Emotional abusers can temper their control and abuse with gifts and kind words, thus presenting to the world as a caring spouse and giving you hope that they have changed or making you think that they can’t help their behaviour because they love you so much. This type of abuse is so subtle and powerful that people from all walks of life can find themselves caught up in an abusive relationship and not know how to get help.
Getting help with emotional abuse in a marriage
If you have experienced emotional abuse during your marriage, then speaking to a family law solicitor is a good starting point. A family lawyer will not tell you to get divorced. The solicitor will listen and then explain your rights and options. Your options may include:
Couple counselling.
Individual therapy.
A trial separation.
Applying for a non-molestation order or occupation order.
Starting no-fault divorce proceedings.
The option that is right for you and your children will depend on whether you think counselling will work, or the extent of the abuse, or its impact on your children. A lawyer can give you information on financial settlements and likely parenting arrangements after a separation or divorce to help you make an informed decision on what action to take.
[related_posts]
Injunctions and emotional abuse
People often say they do not think they can apply for an injunction order because they do not see themselves as a victim of domestic abuse, or do not think they would be believed.
Sadly, for many husbands and wives, their spouse’s emotional abuse can become part of their daily life, so they become inured to it. Often, it is when their partner’s behaviour has turned on the children that the behaviour is seen for what it is: emotional abuse.
If you have experienced any form of abuse, you may be able to apply for a non-molestation order or an occupation order. A non-molestation order says that your partner must not abuse you. The injunction can be enforced if it is breached. An occupation order allows you to live at the family home until the family court decides whether the property should be sold or transferred to you or to your spouse.
Depending on the level of abuse and other factors, the court may allow your spouse to live at the family home with you until it makes a financial court order, or the court could grant you an occupation order and make an ouster order to oust your spouse from the property temporarily until a long-term decision is made about how your assets will be divided between you.
Divorce proceedings and emotional abuse
Some people feel stuck in their marriage because they do not think that they can get divorced unless their spouse will accept that he or she committed adultery or they have evidence of their spouse’s unreasonable behaviour. This is no longer the case.
Fault is no longer central to divorce proceedings in the English family court. With the introduction of no-fault divorce proceedings, you no longer have to state in the divorce application that your spouse behaved unreasonably and cite emotional abuse or other forms of domestic abuse, or say that your spouse had an affair. Instead, you can apply for a divorce if you think your marriage has irretrievably broken down. Your spouse’s opinion on the state of your marriage doesn’t matter, as it is your opinion that counts.
Your spouse cannot object or defend the divorce proceedings on the basis that they don’t want a divorce, and there is no requirement to explain the reasons for the marriage breakdown in the divorce application.
Although a spouse has very limited grounds to oppose a divorce, an emotionally abusive spouse can try to stop you from starting divorce proceedings by threatening to apply for custody or full-time care of the children or by saying that you are financially tied to them because if you divorce you won't find their assets or you won't get anything as the judge will let them stay in the family home and care for the children. Advice from a family lawyer can help you understand the law and your rights.
Family law advice and emotional abuse
Family law solicitors say it is important to take time to reflect on your partner’s behaviour and to assess whether what you have experienced is emotional abuse. You then need to consider if there is any realistic prospect of your spouse recognising their behaviour as abusive and doing something to change their behaviour.
An experienced and understanding family law solicitor will talk you through your options. Importantly, they won’t try to control your decisions or tell you what you must do. However, they can guide and support you, whether you choose to stay with your partner or decide that separation or divorce is the best option for you and your family.
Call Evolve Family Law or complete our online enquiry form.
Our latest blogs
Louise Halford
Mar 12, 2026
Divorcing and Ending a Long Marriage During Retirement
When a marriage ends during retirement, there are emotional, practical and financial implications that may affect you, your adult children, and your grandchildren.
Retirement can bring into focus that your life goals have diverged from your spouse's, and that relationship problems masked during busy work lives mean the relationship is no longer sustainable.
At Evolve Family Law, our family law solicitors provide expert later-life divorce advice to secure the best outcome for you.
Get in Touch With us Today.
Divorce in retirement
Statistically, divorce in retirement is on the rise. That is down to:
Longer life expectancy.
Greater expectations of life in retirement.
Experience of financial independence in marriage.
Social norms and acceptance of divorce.
Different retirement lifestyle choices are available as we live in an age where choices are available.
If you are one of the people referred to in the press as a silver or grey divorcee, your separation or divorce during retirement may be particularly painful if you are blindsided by your spouse’s decision to end the marriage and if you are unsure of the steps you should take.
Navigating the family complexities of separation in later life
Your separation or divorce may affect the whole family. Your adult children and grandchildren may also be impacted because:
Your adult children may be living at the family home because they are struggling to buy a house or rent.
Your plans to give your adult children money for a house deposit may have to be put on hold or cancelled.
You may need to return to work or work for longer, so you will not be available to provide childcare for your grandchildren.
If you pay for a grandchild to be privately educated, this may not be sustainable because of the financial impact of the separation.
Your adult children may blame you or your spouse for the marriage breakdown and want to restrict their contact with you. This can be particularly hard when you have grandchildren.
At Evolve Family Law, our later-life divorce solicitors understand the broader implications of divorcing in retirement and the sensitive issues that you may be grappling with.
Modern divorce law
Experienced divorce lawyers recall the days when a spouse could object to a divorce or claim there were no grounds for divorce. That’s no longer possible with the introduction of the no-fault divorce law.
In no-fault divorce proceedings, either the husband, the wife, or the couple can file jointly for a divorce on the basis that the marriage has irretrievably broken down. Even if you don’t think the marriage is over, your spouse can still divorce you if they believe that the marriage has irretrievably broken down. It can be challenging to hear that there are very few grounds to contest a divorce.
Divorce or separation agreement
For some couples, divorce is not a priority. When ending a marriage in retirement, there may be financial reasons to remain married while living separately. It may be feasible to reach an amicable financial settlement that can be documented in a separation agreement. That approach will not be possible if you or your spouse wants a share of the other’s pension through a pension share, as a pension provider is only authorised to share a pension if there is a pension sharing order in place. There may be other reasons a divorce may be required, such as remarriage plans or a fear that one spouse is at risk of bankruptcy, so the other spouse needs the security of a financial court order.
A divorce solicitor can talk through the options of starting no-fault divorce proceedings or signing a separation agreement. The decision will depend on your personal preferences, financial situation, and asset structure. It's best to speak to a specialist family lawyer, as you may think that your estranged husband's agreement to pay voluntary spousal maintenance under a separation agreement is as good as a pension sharing order achieved through a divorce and pension sharing order. However, there are significant differences between the two options, and one may leave you financially vulnerable.
Financial considerations of divorce in retirement
There are special financial considerations of divorce in retirement, including:
Financial retirement planning was based on your living together with a joint retirement income.
Health concerns in later life may impact your housing and income needs and ability to return to paid employment.
You may not be able to secure a mortgage if you are unable to rehouse yourselves from the equity in the family home and any investments.
Financial decisions, such as early retirement or the purchase of an annuity, may have been made before the decision was taken to separate.
Plans long anticipated, such as going on a world cruise or making a lifetime gift to adult children as part of estate planning, may no longer be affordable.
Pensions and pension sharing
Aside from the equity in the family home, your pensions may be your largest asset. You may not have drawn down on all the pensions, or you may have taken your 25% tax free lump sum but chosen not to buy an annuity or to take a regular pension income.
Whatever pension planning decisions you have made, they will need to be reviewed if you separate and divorce. The family court can divide the pensions of married couples in one of three ways:
Pension offsetting.
Pension attachment order.
Pension sharing order.
With pension offsetting, you or your spouse gets other assets to compensate you for not receiving a share of your spouse’s pension. The asset you receive to offset the pension value could be an investment, an increased share in the equity in the family home, or the transfer of the family home into your sole name.
A financial advisor can explain whether cashing in the investment or downsizing from the family home to a smaller property will generate enough capital to provide an income to make pension offsetting a more attractive option than a pension sharing order.
Pension attachment orders are rarely made, as the more flexible pension sharing order has largely replaced them. With a pension sharing order, a percentage of a pension is allocated to the other spouse, and it becomes their pension. The pension sharing order cannot be revoked or ended. For example, if the spouse inherits money from their extended family or remarries.
Valuing pensions for pension-sharing orders can be complex. Although each pension provider gives an annual cash equivalent transfer value (CETV), the value may be artificially low if you or your spouse is a member of a public sector pension fund when compared to the CETV of a private pension scheme.
Divorce solicitors work with pension actuaries and financial advisors to help you understand your pension options and to ensure you achieve a fair financial settlement.
[related_posts]
Estate planning when divorcing during retirement
Whether you divorce in your 30s or 70s, there are some estate planning issues to consider, but in a later-life divorce, the need to address them is more obvious.
Estate planning issues include:
Making a new Will.
Reassessing any inheritance tax strategies.
Signing a new financial Lasting Power of Attorney.
Signing a new Health & Welfare Lasting Power of Attorney.
Considering life insurance and pension nominations.
A decision to separate results in the need to review existing estate planning documents or to consider writing a Will or signing a Lasting Power of Attorney. These steps should be taken when you decide to separate rather than waiting for the divorce proceedings to be finalised.
Later life divorce solicitors
When considering a later-life divorce, it is best to speak with a family law solicitor experienced in helping individuals navigate the challenges of separation and divorce in retirement.
When your anticipated comfortable retirement is devastated by the commencement of no-fault divorce proceedings, it’s important to get comprehensive family law legal advice on all aspects of your separation, including:
Financial settlements.
Pension sharing.
Housing and income issues after a later-life separation.
Pension division and how spousal maintenance affects pension sharing.
Separation agreements.
Family mediation.
One lawyer amicable divorce service.
Converting an agreement reached into a binding financial court order.
Estate planning updates, including a new Will and Lasting Powers of Attorney.
At Evolve Family Law, we will listen carefully to your concerns, explain your options, outline the legal process and do our utmost to help you reach a negotiated financial settlement so you and your estranged spouse can navigate your retirement after your divorce.
Get in Touch With us Today.
Robin Charrot
Jan 30, 2026
How Does an Amicable Divorce Work Using a One-Lawyer Divorce Service?
Traditionally, it was seen as necessary to have a divorce lawyer in your corner. Helping you fight to gain custody of your children and the best financial settlement. The concept of a divorcing couple placing their trust and confidence in one family lawyer is relatively new. Some couples embrace the idea, whilst others are understandably wary.
In this article, our family law solicitors outline how an amicable divorce works through Evolve Family Law's One Lawyer Divorce Service.
Contact Evolve Family Law Today for Divorce and Family Law Advice.
What is one-lawyer divorce?
The One Lawyer Divorce Service is a simple concept; a husband and wife instruct one family law solicitor rather than two lawyers.
The lawyer listens to both husband and wife, then helps you facilitate an agreement and converts the agreement into the documents you need to:
Obtain a no-fault divorce.
Record the parenting arrangements for your children.
Provide you with a binding financial settlement.
Obtaining a no-fault divorce using the amicable divorce service
The government reduced animosity in the divorce process by introducing no-fault divorce proceedings. That doesn’t mean one spouse isn't at fault for the breakdown of the marriage, or that one or both spouses aren't upset, emotional, or angry. However, removing fault from the legal process was intended to make it less adversarial. This has been achieved through:
The ground for obtaining a divorce is that the marriage has irretrievably broken down – no one needs to prove fault.
The couple can jointly or individually apply for the divorce.
There are very limited grounds to oppose a divorce – you can't oppose the divorce even if you don’t think the marriage is over.
There is no need to attend a court hearing to obtain your final order of divorce.
The court won't make divorce costs orders unless the circumstances are exceptional.
The advantages of using one lawyer rather than two
Using a single lawyer to file your joint divorce can help:
Minimise legal costs, and
Reduce animosity to help you reach a financial settlement.
You agree on parenting arrangements and to co-parent as the One Lawyer Service reduces animosity.
[related_posts]
Agreements and the use of the One Lawyer Service
The Amicable Divorce One Lawyer Service at Evolve Family Law can help you with:
Recording your parenting agreement in a parenting plan or by securing an agreed child arrangement order.
Converting a separation agreement into a financial consent order.
Converting a memorandum of understanding reached in family mediation into an agreed and binding financial court order.
Obtaining a financial court order after you have negotiated a financial settlement between the two of you.
Some people believe they can only use the Amicable Divorce One Lawyer Service after reaching a financial settlement and an agreement on the residence and contact arrangements for their children. That’s not the case. You do not have to have reached a parenting or financial agreement before instructing the One Lawyer Service at Evolve Family Law.
Using the One Lawyer Service when you have not reached a financial or parenting agreement
You may think that it is essential for you and your spouse to have your own divorce solicitors if you have been unable to negotiate a financial or childcare agreement. You may be right. However, in some family situations, it makes sense to use the One Lawyer Service even though you have been unable to reach a full agreement.
Using the One Lawyer Service when you have not reached a financial or parenting agreement may be cost-effective and productive, where you:
Trust your ex-spouse’s financial disclosure.
Know there are no risk factors, such as the safety of your child or previous domestic abuse.
Know that you are both committed to reaching a financial settlement.
Are both receptive to taking advice on board and to reaching a compromise.
Are both willing to explore the stumbling block to reaching a financial settlement.
Examples of where the One Lawyer Amicable Divorce Service can help include:
One or both of you have pensions, but you are not sure how a pension sharing order works or how pension offsetting could help you both get to a fair financial outcome for both of you.
You inherited money after your separation, and you and your spouse both want to understand the relevance of the inheritance to the divorce financial settlement.
You have adult children living at home, and you both don’t know how their needs will be factored into the financial settlement.
You are struggling to understand the interplay between voluntary child support, top-up child maintenance, and court-ordered spousal maintenance.
You signed a prenuptial agreement in the hope that if you separated, the divorce and financial settlement would be amicable. However, your circumstances or your spouse's have changed since the prenuptial agreement was signed.
If you and your estranged spouse are both able to take on board the neutral advice of a family lawyer specially trained in providing a One Lawyer Service, then the option of using one lawyer may be a quicker and more cost-effective solution for you.
How the One Lawyer Service works when you do not have a financial agreement
Consider a couple keen to reach a financial settlement but unsure how to manage their pensions and whether to include pension sharing in the agreement. If they elect to use the One Lawyer Divorce Service and the lawyer screens both as suitable to engage in the amicable divorce process, the lawyer will talk to them both about:
The relevance of pensions to their divorce settlement.
The pension options, including pension sharing and offsetting.
The pension valuations and the instruction of a pension actuary.
Potential court outcomes if the court were making a financial court order after a contested hearing.
The steps to obtain a financial court order and pension sharing order annexe.
Obtaining a financial court order and implementing the pension sharing order.
Two traditional divorce solicitors would have similar conversations with their clients in separate lawyers’ offices. In an amicable divorce, a neutral lawyer providing a One Lawyer Divorce Service may explain that a pension sharing order is likely and that the percentage of the pension share could range from 40% to 60% if the couple left the judge to decide on the pension split. The couple, armed with information on the value of 20% of the pension fund and the total costs and timescales of court litigation, may feel it is sensible and fair to compromise on a 50% pension-sharing order after hearing the neutral information provided during the One Lawyer Divorce Service.
Screening and the One Lawyer Divorce Service
Screening is an essential part of the amicable divorce process. If thorough screening is not conducted, you may waste time and money by committing to the service.
The specialist amicable divorce solicitor will probably say that the two of you should not use the One Lawyer Divorce Service if:
There is a significant power imbalance between you and your estranged spouse.
One of you does not see the need for financial disclosure of assets.
One spouse has entrenched views and appears unwilling to agree to any compromise.
There was domestic abuse in the relationship.
Your child could be at risk of harm.
There may be other reasons the service is not appropriate for you. An experienced divorce lawyer trained in providing the One Lawyer Divorce Service can screen and advise you of your alternate options.
Key takeaways on the One Lawyer Divorce Service
The Evolve Family Law One Lawyer Divorce Service is:
Cost-effective when compared to other methods of non-court alternative dispute resolution or traditional court proceedings.
Quicker than applying for a child arrangement order or financial order and waiting for court dates.
Flexible, as the process can work at your pace and can involve other experts as required, such as a pension expert or property valuer.
Bespoke to what you both want and need out of the process.
Less adversarial and non-confrontational compared to traditional court proceedings and some other forms of non-court alternative dispute resolution.
Get in Touch With us Today for Information on the One Lawyer Divorce Service.
Robin Charrot
Jan 30, 2026
Getting in contact with Evolve Family Law could not be easier.
We put a lot of legal information on our website and if you have a single question about your situation, you should find an answer in our blog here.
If you need a greater level of help, please use this form and one of our team will call you to make an appointment. Please note that we cannot offer Legal aid.
Unfortunately due to the level of single question enquiries we receive, we cannot guarantee to provide written answers to individual questions posted via this enquiry form.
1
Call us on 0345 222 8 222
2
Email us at info@evolvefamilylaw.co.uk
