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Divorce & Financial Settlement Case Analysis: CG v DL [2023] EWFC 82

Wife benefits from £1million payment to make “amends” from Husband’s infidelity during the marriage, and consideration as to an ongoing interest in a business set up during the marriage.

The parties’ situation in CG v DL [2023] EWFC 82 is not unusual in that they met in 1991, married in 1998 and separated in July 2020. There are two children of the marriage, aged 19 and 13, both in private paying education.

During the marriage, the wife gave up her career to be the homemaker and full time Mother. The husband during the marriage flourished in his career and set up his own hedge-fund business (the initial investments being from the parties’ joint capital), a business that he accepted the wife fully supported him in.

The case involved substantial assets of over £24 million including a London property and a country property (which the parties agreed that the wife would have both). Many of the issues in the case were relatively typical and would have been a standard case for equality but for the below issues:

The £1 Million ‘’Gift’’ for the Affair

In 2017, some 3 years prior to the parties’ separating, the husband had a short 6-week affair which he ended and told the wife about. Following the cessation of the affair, the former girlfriend commenced a campaign of private and public stalking and harassment (for which she faced criminal consequences). She also told the husband that she was pregnant (turns out this was not true). The husband took advice on what he would be likely to pay under schedule 1 of the Children Act 1989, and in January 2018, paid the wife the sum of £1 million.
Within these proceedings, the wife asserted she should keep this as a gift. The husband on the other hand asserted it is a resource open to the wife and it should be subject to the sharing principle.
The Judge concluded that the sum was a payment from the husband to “make amends” for his behaviour and the appalling aftermath, and on that basis, given the circumstances which it was given to the wife, she is entitled to keep that sum to herself in its entirety.

The Post Separation Accrual

The husband attempted to run an argument that the Court should ringfence some £2.4m on the basis that this was net income post-separation. The Judge considers the facts and with reference to Rossi v Rossi [2007] 1 FLR 790, where Mr Mostyn QC (as he then was) said that he would not allow a post-separation bonus to be classed as non-matrimonial unless it related to a period which commenced at least 12 months after the separation.
The Judge excluded only £203,000 of the income received post-separation.

Whether the Wife Should Have an Interest in the Husband’s Business

A significant amount of the judgment was focused on this aspect of the case, the valuations and estimated income streams from it. Despite two experts attempting, the current value of the business could not be reliably ascertained. There was also the issue with regards to how the business could be sold, but the experts did agree that the business would be a large profit generator to the husband over the coming years.
The wife’s case is that she should have a Wells v Wells [2002] 2 FLR 97 award in respect of 25% of the business by way of lump sums equal in value to one quarter of the husband’s share of profits and of any capital realisation, unlimited in time. Her reasoning being that the business is the product of marital endeavour in which she has fully supported the husband in every possible way and therefore its current and future profits are from the initial build up. The wife sought 25%.
The husband’s case was that the parties should go their separate ways and the wife should not have a claim over the business profits as this is in essence her attempting to share his earning capacity after the end of the marriage and his future endeavours should not be subject to a claim.
The Judge considers the case of Cooper-Hohn v Hohn [2015] 1 FLR 745 at length in his judgment. In Cooper-Hohn, the Court had to consider the distribution of enormous personal wealth built up through a hedge fund business.
The Judge also considered the comments of Mostyn J in JL v SL (No.2) [2015] 2 FLR 1202 at paragraphs 40-42. The Judge agreed with the analysis of Mostyn J in JL v SL and noted that if the husband were left with all future returns of the business, it would mean he was receiving the benefit of what was built during the marriage – the business is a continuation of what was created throughout the time the parties were together and on that basis the Judge was of the view that for the wife not to have any future share would be unfair.
The Judge did accept that the further from separation the smaller the interest, the wife should have but did not accept that it was some claim against the husband’s future income.
The Judge concluded that the proper approach was for the wife to receive a fixed percentage for a limited period of time and ordered that the wife should share in the husband’s profits to the tune of 17.5% in the years ending 2023, 2024, 2025, and 2026. In the event of the husband disposing of his shareholding during this period, the wife will share to the same extent of 17.5%.

Sir Jonathan Cohen reminded the parties in his judgment:

“The touchstone in the division of assets between divorcing spouses is always that of fairness.”

He noted that his division of the liquid assets (£12.49m / 51.6% to the wife and £11.69m / 48.4% to the husband) reflected the assets the couple had built up together as well as the £1 million gift from husband to wife. He observed that over the years to come the difference was very likely to be reversed as the husband continues to work in the business and that would be a fair and proper reflection of his future endeavour.

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Changing the face of family law: A retrospective on some of the seminal family law decisions of the last 20 years

This article relates to:

Financial advice on marriage and dissolution

2020 brings about the anniversaries of many seminal cases which are still at the forefront of every case, we explore a few of them

As many a law student knows, there are reported cases, and reported cases , the latter being those cases which have not only been decided by the highest courts in the land, but which have fundamentally shifted the legal landscape, shaped societal changes and the way in which family law cases are decided.

Coincidentally, 2020 brings about the anniversaries of many of these seminal cases which are still at the forefront of every case. We explore a few of them.

Sharing and Fairness: White v White [2000] UKHL54

20 years ago, the then House of Lords dealt with a farming case following a 30-year marriage, and introduced some fundamental changes to the way family lawyers approach cases.

It is somewhat chastening, looking back, to realise that it took until the year 2000 for the court to introduce a starting point of ‘sharing’ in financial cases arising on divorce, whereby “ equality should be departed from only if, and to the extent that, there is good reason for doing so ”.

The court also stated what seems self-evident now, that “ There should be no bias in favour of the money-earner and against the home-maker and the child-carer ”.

The House of Lords urged ‘fairness’ above all else and recognised that an equal division of the assets would not result in fairness in all cases. Each case is determined on its own facts, applying a range of criteria set out in s25 Matrimonial Causes Act 1973.

The existence of inherited wealth or property acquired before the marriage could, the House of Lords said, dictate a move away from equality. In this case, Mrs White received 43% to recognise an inheritance received by her husband shortly before separation.

Prenuptial Agreements and Self-Determination of Outcome: Radmacher v Granatino [2010] UKSC 42

It is 10 years since the Supreme Court gave its landmark decision in the case of Radmacher v Granatino .

It is impossible to accurately gauge the volume of agreements being signed in the UK, as entering into a prenuptial agreement is a highly confidential and personal decision. However, anecdotally, family lawyers across England and Wales have reported a significant increase in the number of people seeking advice and entering into prenups since the Supreme Court heard the case of Radmacher v Granatino in 2010, which found that prenuptial agreements should be given decisive weight in divorce proceedings. This is certainly our experience at Weightmans.

The court shifted the emphasis towards holding a party to account subject to safeguards being adhered to. Prenups are not guaranteed to be binding, as this would require a change in the law/statute, but they are very likely to be upheld as “ the court should give effect to a nuptial agreement that is freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to their agreement.”

Prenuptial agreements are typically associated with celebrities and the super wealthy, but the reality is quite different. They are growing in popularity with entrepreneurs, people with shares in a limited company, or those with a stake in a family business. Equally, people who have received an inheritance (be it large or small) may feel that this money should be considered separately to matrimonial assets. Occasionally it is the protection of future shareholdings or a future windfall that is the motivating factor, or ensuring that children from a first marriage do not lose out on their inheritance as a result of a divorce.

Inevitably, with more prenuptial agreements being entered into, more cases are being tested in court. However, subject to a number of requirements and formalities being complied with, a prenup may well be upheld. Even if adjusted by the court, a prenup can result in a significantly different, and less generous outcome than if no prenup had been entered into. See our previous article .

Non-disclosure: Sharland and Gohil [2015] UKSC 60

It has been five years since the Supreme Court judgments in Sharland and Gohil.

Before Sharland , in matrimonial cases the Court of Appeal had made it clear that even potentially fraudulent non-disclosure would not necessarily affect a settlement if it could be said that the Court’s knowledge of the true position would not have resulted in a substantially different order.

The decision of the Supreme Court made it very clear that ‘fraud unravels all’.

The general legal rule in commercial law is that misrepresentation (fraudulent, careless or innocent) or non-disclosure (in the cases where a duty of full disclosure exists) makes a resulting contract liable to be set-aside, providing the misrepresentation or non-disclosure is material. The Sharland and Gohil decisions clarified that fraud now has the same effect in matrimonial proceedings as it does in the commercial world.

The Supreme Court made it clear that this rule would only not apply in circumstances where the fraud would not have influenced a reasonable person to agree to the matrimonial settlement. The burden of proving the fraud was not influential on the settlement now lies, quite properly, with the party perpetrating the fraud and not with the party seeking to set-aside the settlement agreement (the victim of the fraud).

Divorce law reform: Owens v Owens [2018] UKSC 41

Finally, some fundamental and positive law reform anticipated to benefit thousands of divorcing families, following the Supreme Court decision of Owens two years ago.

For over 20 years family lawyers had been calling for ‘no fault divorce’. 2018 saw a contested divorce case ( Owens ), in itself a rarity, arrive before the Supreme Court. It hit the headlines, creating a perfect storm for the cry for reform.

Mrs Owens wanted to divorce her husband of 40 years because she believed their marriage had broken down irretrievably. Mrs Owens had petitioned for divorce after leaving the family home in 2015, declaring Mr Owens had behaved in such a way that she could not reasonably be expected to live with him. Mr Owens refused to agree to a divorce, which sparked a series of legal hearings in the Family Court and Court of Appeal, before ending in the Supreme Court. Mrs Owens actually lost her Supreme Court fight in July 2018 and is not able to divorce her husband until this year (2020).

Mrs Owens’ application failed as she did not meet the criteria set by legislation initially introduced in 1969. Since then social norms have changed enormously about what conduct may or may not be seen as ‘reasonable’ to put up with during a marriage. However, Mrs Owens failed to meet the legal test which was the Supreme Court’s concern.

The high profile case was a unique opportunity to raise support for divorce reform.

The Divorce, Dissolution and Separation Act 2020 has now been passed and given Royal Assent. It reforms the law so that no fault divorce will be available once the Act comes into force, currently anticipated to be Autumn 2021.

Fiona is a Partner in our family law team with over 20 years' experience dealing exclusively with family law issues.

For support and guidance on any family law issues, contact our expert family law solicitors .

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Overseas pensions: Important considerations for pension sharing on divorce/dissolution in England and Wales

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A Comprehensive Guide to Financial Settlements in UK Divorces

Family & divorce, an important part of most divorces is reaching a financial settlement alongside the divorce itself. there is usually a family home to be sold or transferred to one of you. there are often second properties or other savings and investments. it is essential not to overlook pensions..

03 Nov 2023

Team name Sally Ward

Understanding financial settlements in divorce

The starting point for any financial settlement is what we call full disclosure which means that each of you must produce valuations and details about your assets together with documents in support. Once those details are available, you can look at how everything can be shared in the settlement.

Factors affecting divorce financial settlements in the UK Legal framework and guidelines considerations for fair and equitable settlements

The starting point for sharing capital is an equal division but the final outcome may provide one of you with more than the other. In most cases, this is because one of you has a greater financial need than the other. Section 25 of the Matrimonial Causes Act 1973 sets out the criteria that must be considered:

the income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future
the financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
the standard of living enjoyed by the family before the breakdown of the marriage;
the age of each party to the marriage and the duration of the marriage;
any physical or mental disability of either of the parties to the marriage;
the contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;
the conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;
the value of any pension benefits that may be lost by one party as a result of the divorce.

The main breadwinner may have a larger mortgage capacity and need a smaller deposit from the family home. The children are the first consideration whilst under 18, and the main child carer may need to keep the family home for the children.

There is no starting point for sharing income equally. It is a question of looking at each of your reasonable outgoings, whether you can meet them from your own income and, if not, whether your ex has enough surplus after paying their outgoings to pay maintenance.

Child maintenance is dealt with separately, and either dealt with by agreement between you or by making an application to the Child Maintenance Service.

Impact of prenuptial agreements

A pre-nuptial agreement is a contract between the parties to an intended marriage or civil partnership that seeks to regulate their affairs if their relationship ends. Financial arrangements will be the main focus of such agreements, but you can also agree in what jurisdiction their divorce or dissolution will proceed.

Pre-nuptial agreements are not formally binding in England and Wales, (although they may be in some other jurisdictions which is why some couples may need to consider jurisdiction in the agreement itself) but they are not ignored and have influenced or even decided the outcome of an application for a financial remedy, as “conduct it would be inequitable to disregard”.

Prenuptial agreements need to be carefully drafted and negotiated, after financial disclosure has taken place, well in advance of the forthcoming marriage or civil partnership, and signed at least 21 days before the wedding/ceremony date, so it is essential to get legal advice from an experienced lawyer at an early stage.

The Role of Courts and Mediation in Financial Settlements

You don’t have to go to court to get a financial settlement . Most couples prefer to reach a settlement out of court. Solicitors can help you negotiate a settlement but there are other options.

You and your ex will meet with a trained mediator to help with your discussions and guide you towards reaching an agreement. You and your ex do not have your lawyers with you, and the mediator cannot give legal advice as they have to remain impartial, but as all the discussions in mediation are without prejudice, you can go to your lawyer for advice in between mediation meetings. The agreement reached in mediation will not be final and binding until you have a court order. This can be done by consent without having to attend any court hearings.

It is now a requirement of any contested court application for a financial settlement that you at least attempt mediation before making your court application. You’ll need your mediator to sign off your court application form if mediation is unsuccessful or unsuitable.

With considerable delays and backlogs in getting a hearing date, it can take a year or more for court cases to be concluded, at considerable financial and emotional costs to the couple involved, so more and more people are looking at alternatives to court.

Using solicitors

You might be able to negotiate a settlement through your solicitors either in correspondence or round table meetings or both.

Collaborative practice

Some solicitors are trained to negotiate settlements “collaboratively” in a series of round table meetings attended by the couple and their lawyers, which means that you have your lawyers to hand in the meeting to advise on what is being discussed. These meetings are subject to a specific agreement to avoid going to court. Both of you would need to appoint a collaboratively trained lawyer.

Private FDR

Using a private judge to give an indication of the likely outcome of your case, which should help your negotiations to settle out of court. The upfront fee is more than the court fee but you are likely to have the matter dealt with more quickly. Both of you would have to agree this.

Arbitration

Using a private judge to decide the case for you. Both of you would have to agree this. Although the upfront cost is more than going to court, the arbitrator can be asked to deal with specific points of disagreement, or to make a decision on paper, so your solicitors and the overall costs of the case come to less than the usual court proceedings.

What about business assets in a divorce settlement in the UK?

Business assets must be disclosed along with all the other assets in the marriage and the starting point is that your husband or wife must give a valuation for their business interest and disclose the last two years’ accounts. Whether you actually have a claim on the business will depend on the value and the nature of the business itself. Some businesses are purely a means of generating income so you’re unlikely to get any extra capital from the settlement for your spouse’s business. An example of that is subcontractors who run their income through a limited company.

Businesses will not always be sold in the financial settlement and courts are reluctant to take away or devalue the business owner’s livelihood. Some businesses, however, do have capital assets that can potentially be used towards reaching a settlement. Again, it depends on the nature and value of the business and its assets. For example, a business might own a number of properties that can be sold or mortgaged to raise capital. In most cases where there is a business you will need an accountant’s advice on the value on how best to release capital or whether it can be released at all.

Case Studies: Fair Divorce Settlement Examples in the UK

Example: analysing a settlement with children involved.

Dependent children are the first consideration in any divorce settlement. As most cases turn on meeting each party’s reasonable needs, the parent with whom the children mainly live is going to have the greater need, at least until the children have flown the nest. Quite often, one parent is the main homemaker and childcarer whilst the other is the main breadwinner. The childcarer may have put their career on hold and be in a less secure position financially than the other. The law is concerned that the financially disadvantaged parent should not be penalised for this and gives as much recognition to their contribution to the marriage as child carer as it does to the main breadwinner.

A typical case where there are children might be: the couple met whilst they were both working in the city. A couple of years into their marriage, they have their first child and mum works part time. When they have their second child she gives up work as dad earns sufficient to comfortably support the family from his salary alone.

They have a nice home subject to a mortgage where each child has their own bedroom and there is a spare room that is used as a home office. Dad is able to invest some of his income in stocks and shares. When both children are at secondary school, mum starts a part-time job in a local school and keeps her modest income as her spending money.

They get divorced when the children are in their teens. The children choose to live with mum. She needs a home large enough for her and the children but is unable to get much of a mortgage and she cannot afford to pay the mortgage and bills on the family home without support from dad.

If there is enough equity in the family home it might have to be sold, mum and children move to a smaller more affordable home without a mortgage and dad keeps his investments/maybe receives a small amount of the sale proceeds from the family home as a deposit for a home of his own subject to a mortgage.

If dad earns more than enough to pay his own bills and child maintenance, he might have to pay spousal maintenance to mum, as well as child maintenance, and sometimes this can be enough to keep mum and children in the family home, at least for as long as the children are dependent.

Once the children have flown the nest and they are no longer a first consideration, mum might have to pay dad a balancing payment for his interest in the family home. This deferred arrangement is known as a Mesher order.

Dad is also likely to have the larger pension. This also needs to be shared fairly between the couple so mum is likely to end up with a share of his pension as well the family home. Alternatively, she could choose to offset or forgo her pension claim and get a larger share from the family home.

Child Custody, Support, and Maintenance

Child maintenance is dealt with separately and based on the Child Maintenance Service’s (CMS) formula. You will need to know the payer’s gross income before tax and National Insurance contributions. You can get this from their P60 or tax return. The basic child maintenance service formula is for the paying parent to pay 12% of their gross income for 1 child, 16% for 2 children and 19% for 3 or more children.

There are deductions for the number of nights the children stay with the paying parent, other children in their household, pension contributions and more. It is a good idea to use the CMS calculator as a guide to child maintenance. But you do not have to apply to the CMS if both parents agree on the child maintenance

There is an upper limit to the amount of child maintenance payable through the CMS. If the paying parent earns more than the CMS upper threshold, you can agree or apply to court for top up child maintenance.

Child maintenance usually ends when each child is 16, or 20 if they are in full time school or college. You can apply for a court order for child maintenance to be paid for longer than this if your child remains dependent, for example, if they have a disability.

The CMS can only deal with child maintenance in the UK so if a parent lives abroad, the receiving parent will need to apply for a court order for child maintenance.

Sally Ward, Head of the Family team, said:

“In light of the rising cost of living, obtaining security by means of a financial settlement is more important than ever before. Divorce proceedings by nature are emotionally challenging, but with the appropriate legal guidance, settlement can be reached that means a division of assets that is reasonable and fair for both parties.”

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Wife in one of Britain’s largest-ever divorce cases succeeds in latest enforcement action against her former husband

In this article we look at the recent decision in the ongoing and highly publicised divorce case of Akhmedova v Akhmedov . This decision is the latest in a long run of enforcement cases brought by the wife against her former husband who in 2016 was ordered to pay her one of the largest reported financial settlements in England. While the judge was critical of the husband’s reorganisation of his assets to put and keep them beyond the wife’s reach this is not the end of the road for this case. This judgment is simply another stepping-stone towards the wife realising the award she is entitled to.

This matter was initially heard before Mr Justice Haddon-Cave in December 2016 and again in April 2018 in circumstances where the wife had sought freezing orders avoidance of disposition orders and orders that certain transactions carried out by the husband had been at an undervalue. There was then a further enforcement hearing in September 2019 proceeding in April 2018 in the High Court when the court considered the issues of:

extending jurisdiction to Dubai where the husband’s superyacht...

Read the full article here.

Negotiating agreement in a complex divorce settlement

Divorce & Matrimonial Finance

29 November 2023

Edward represented a Wife in financial proceedings brought by the Husband after a long marriage. The parties’ children had all turned 18, and the couple’s principal assets were in properties in the UK and abroad. There were also significant pensions, including some which were already in payment and others whose fund status had changed during proceedings. The former marital home in the UK had planning permission, and a purported offer to develop the land, and the Husband sought to rely on this permission.

Edward’s client, however, sought to keep the UK property herself. Complicated issues of planning and property law (including restrictive covenants, easements and the construction of leases) arose in relation to the UK and issues of jurisdiction, tax liabilities and accounting arose in relation to the international property, which was also run as a business. There were also issues of need and the matrimonial nature of the parties’ debts.

Fully utilising Edward’s expert negotiation skills, the matter concluded by agreement on the second afternoon of the Final Hearing. His client was able to buy out the Husband and retain the UK property, and there would be a sale of the international property by agreement and an equal division of the proceeds. Further, the Wife would make a contribution to the debts identified as matrimonial and there would be equality of pensions and a clean break.

Edward Kenny

Most popular case studies, why ignoring papers from court can prove costly, successful nuisance neighbour/anti-social behaviour possession claim, securing a fair settlement after a long marriage, defending against interim supervision order by local authority, obtaining a major share of matrimonial home and pension sharing order, for help, advice or if you wish to instruct a member of chambers, please contact our clerking team.

Family and children

No-fault divorce

Many legal professionals felt that divorce law was out of date, particularly following Owens v Owens [2018] UKSC 41 .

The Divorce, Dissolution and Separation Act 2020 was passed in June 2020 and came into force on 6 April 2022.

From 6 April, the new legislation:

replaces the ‘five grounds’ and allows couples to divorce without assigning fault
removes the possibility of contesting the divorce
introduces an option for a joint application
makes sure language is in plain English, for example, changing ‘decree nisi’ to conditional order and ‘decree absolute’ to final order

These changes also apply to the dissolution of civil partnerships.

We supported legislation to introduce no-fault divorce.

No-fault divorce will reduce conflict, allowing couples to focus on important issues like children, property and finances.

We also supported:

joint petitions
the principle of a divorce based on the statement of irretrievable breakdown of marriage

We believe the legislation could be clearer, fairer and more accessible by reviewing:

the notice period – it should start when a partner receives their spouse’s divorce application (date of service) rather than from the start of proceedings (when one spouse applies for divorce)
financial proceedings – if financial proceedings (Form A) have started, no final order should be granted until a financial order has been made if either party might suffer financial prejudice by a final decree before the final financial settlement
court fee costs – the new online divorce system will cut administration costs for the courts, so this should be reflected in application fees
the period of reflection – there should be a three-month reflection period at the beginning of the divorce proceedings to allow separating couples time to consider their situation and get the legal advice they need. Domestic violence applications or applications that relate to children in a divorce should be available during this reflection period

The government should also reintroduce legal aid for early advice to support divorcing couples and help them understand their financial responsibilities and the needs of their children.

We believe the current court fee of £593 for divorce applications is too high and discriminates against those less able to afford it.

Court fees should be reduced to reflect the fact that the new process will require less administration.

Read the consultation on the MoJ website , our response and the government response .

What this means for solicitors

The changes should simplify current practices and reduce conflict between couples.

Although the act received royal assent in June 2020, the reforms came into force on 6 April 2022.

What we're doing

April 2022 – the Divorce, Dissolution and Separation Act 2020 came into force, implementing no-fault divorce
March 2022 – we held a seminar discussing the new rules and procedures that will be brought in by the Divorce, Dissolution and Separation Act 2020
June 2020 – we welcomed the passing of the act, and reiterated our views on the notice period and legal aid for early advice
June 2020 – the bill had its committee stage in the House of Commons on 17 June
March 2020 – the bill had its committee stage in the House of Lords on 3 March and its report stage in the House of Lords on 16 March
February 2020 - the bill had its second reading in the House of Lords , the Law Society was mentioned 10 times and there were expressions of support from the Lords for some of our suggested improvements to the bill
January 2020 – the bill has its first reading in the House of Lords
December 2019 – in the Queen’s Speech the government indicated its commitment to bringing back the bill
July 2019 – we submitted evidence to the bill committee and gave oral evidence at the Public Bill Committee hearing
July 2019 – we welcomed the bill and urged the government to review details of the divorce process
June 2019 – the Divorce, Dissolution and Separation Bill was introduced to the House of Commons
April 2019 – we welcomed the government’s plans to introduce the reforms through new legislation
December 2018 – we responded to the MoJ consultation to give our views on the government’s reform plans.
July 2018 – Supreme Court ruling on Owens v Owens . Ministry of Justice says it will look at reforms.
March 2018 – we commissioned research, Priced Out of Justice? , which found that the legal aid means test is preventing families in poverty from accessing justice.
March 2017 – we advised members on the implications of Owens v Owens and lobbied government about the need for change.
2012 – most free or subsidised early legal advice was stopped by the government. We are campaigning for legal aid to be reintroduced for early advice , particularly in family law.
1996 to 2019 – we continued to support solicitors and work for improvements to family law and through our Family Law Committee.
1996 – we supported proposals for divorce reform that became part of the Family Law Act 1996, although these were later repealed.

Get involved

The MoJ’s consultation is now closed. If you would like to get involved in our work on this topic you can find out more about our Family Law Committee .

Get involved in our early advice campaign .

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Separation/Divorce Case Studies: Unmarried vs Married

Published on 23/11/2019 by:

Christopher Maulkin

In this blog Chris Maulkin highlights two different scenarios of couples separating, in scenario A they are unmarried (cohabiting) and in scenario B they are married.

Meet Jack (aged 50) and Jill (aged 55). Jack owns one property in his sole name which has equity of £600,000. Jack earns £100,000 and has a mortgage capacity of £300,000. Jill earns £20,000 and has no mortgage capacity. They have been living together for 25 years in the property.

Their relationship has broken down. The cost of a reasonable property in the area that they live in is £400,000.

Scenario A – they are unmarried.

The starting point is that Jill has no entitlement to the property or any share of it. There are potentially ways in which she may be able to demonstrate that she should have an entitlement to it. An example of this could be if Jill had invested a large sum of money into building works, e.g. adding an extension to the property.

However, the ways in which Jill is likely to have a claim against the property are very restricted and the burden of proof is upon her to establish that interest. In the absence of being able to establish a claim against the property (which in the majority of cases that we see is not possible), Jill will leave the relationship with nothing.

Scenario B – they are married.

Although the property is in Jack’s sole name Jill can apply to register a home rights notice against the property with the Land Registry. Although this does not prevent Jack from selling the property, it is unlikely a purchaser is going to wish to buy the property until this has been removed. Therefore, this gives Jill some protection against the property being sold without her knowledge.

Although the property is owned in Jack’s sole name, the family home would be considered a matrimonial asset and the starting point for the family court would be an equal division. However, the cost of purchasing a home is £400,000. Therefore, it is likely that the family court would order that the property is sold and that Jill receives the sum of £400,000 to allow her to purchase a property and meet her housing needs. Jack would receive the remaining £200,000 and with his mortgage capacity would be able to meet his housing needs at a similar level.

The difference in outcomes is stark. In scenario A Jack retains all the capital and can comfortably house himself whilst Jill is unable to rehouse.

In scenario B, Jack and Jill are both able to rehouse and Jill has actually received more of the capital because this was what was needed to enable her to rehouse herself following the breakdown of the relationship.

The only difference between these scenarios is that in scenario B, Jack and Jill were married.

Maintenance and pension.

Anna (50) and Kristoff (50) own a property jointly which has equity of £800,000. Anna earns £150,000 a year gross (£90,000 net or £7,500 per month). Kristoff has not worked since their children, Olaf (12), Elsa (14) and Hans (16), were born.

Anna intends to retire at 65 when her pension will provide her with an income of £2,000 per month. Kristoff’s pension will give him an income of £80 per month from age 65.

They have been living together in a relationship for 20 years.

The relationship has broken down and the cost for them to purchase a reasonable property is £400,000. They have agreed on a shared care arrangement for the children which means that they will spend an equal amount of time with each of them.

Scenario A – they are unmarried.

In this scenario, the equal division of property means that their housing needs are met and they can each purchase a property.

However, Kristoff’s income position is much bleaker. As they are not married he has no claim for maintenance. They have an equal shared care arrangement for the children so he has no claim for child maintenance.

Having been out of the working environment for 16 years, Kristoff is now in a position where he will have to find employment in order to meet his living costs. As he has been out of work for 16 years it is likely that the jobs he will be able to obtain will provide a limited income and he has no income provision for his retirement. He would not be able to claim any of Anna’s pension.

An equal division of property meets their housing needs and so there is no reason for the court to depart from this. However, Kristoff does not have an income.

The Family Court assesses his income needs at £2,500 per month. It assumes that Kristoff will be able to earn £500 per month. The Family Court, therefore, decides that Kristoff needs £2,000 per month and, after considering Anna’s needs, concludes that she has sufficient income to meet her own needs and pay Kristoff £2,000 per month.

Therefore, it orders that Anna pay Kristoff £2,000 per month as spousal maintenance until they reach 65.

Thereafter, the Family Court makes a pension sharing order to equalise income so that Anna and Kristoff will each receive the same income in retirement.

The difference in outcomes for Kristoff is stark. In scenario A Kristoff is likely to struggle to make ends meet and has no provision in his retirement. However, in scenario B Kristoff is able to meet his outgoing needs and will also have an income in his retirement.

The only difference being that in scenario B, Kristoff and Anna were married.

Our team of Cohabitation specialists can advise you on all of your options. Please contact us to discuss your own unique situation.

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Case Studies

Family Law Case Studies

Pre 'no fault' divorce law came into effect (april 2022), rebecca and simon: divorce.

Rebecca (49) and Simon (51) have been married for 30 years and do not have any children. They live in a three bedroom house. Simon works full-time as a business analyst and has a collection of old and valuable motor cars. Rebecca works part-time in a travel agency.

Recently Rebecca has spent very little time with Simon, does not help with household tasks and has also started to sleep in the spare bedroom of their house. As a result of Rebecca’s behaviour, Simon has decided that he would like a divorce, although he is concerned how a divorce would affect him financially. What does he need to consider?

Simon could file a petition for divorce on the basis that the marriage has irretrievably broken down. To prove this he will have to show one of five facts: adultery, unreasonable behaviour, two years separation with Rebecca’s consent, five years separation without Rebecca’s consent or desertion. Simon could petition based on Rebecca’s behaviour which has led Simon to believe he cannot reasonably be expected to live with Rebecca. Simon will need to cite examples of her behaviour which have led to the breakdown of their marriage.

Once the petition has been issued, Rebecca will be served with a copy and she will need to file a form at court called an Acknowledgement of Service. The court will firstly pronounce a Decree Nisi and six weeks and one day later Simon can apply for the Decree Absolute. The Decree Absolute is often delayed until an agreement has been reached about finances.

Family finances are dealt with separately from the divorce process. In order to ascertain the full value of the family assets, both Simon and Rebecca should undertake full financial disclosure. It is important to note that the division of family finances is unaffected by the reasons for the breakdown of the marriage save for very specific circumstances such as severe financial misconduct.

The court will attempt to ensure that there is a fair division of the matrimonial assets to provide adequate housing for both Simon and Rebecca. Various factors will be taken into account to determine what a fair settlement might be. The entire capital accumulated between the couple would be taken into account, to include but not limited to savings held in their respective sole names and other assets which would include Simon’s collection of motor cars.

Simon should be aware that on the basis of the length of their marriage and the fact that he earns a considerably larger salary than Rebecca, Rebecca may need some spousal maintenance (monthly income) from him to supplement her income. Rebecca would also be encouraged to maximise her income by for example, increasing her working hours.

Simon should be made aware that due to the length of their marriage, Rebecca may be entitled to a share of his pension.

Simon should contact a family law solicitor who can provide him with legal advice about his options for the divorce and the finances.

Philippa and Robert: Divorce

Phillipa (53) and Robert (55) have been married for 35 years and have one child together who is living independently. They live in a three bedroom house in Kent. Robert works full-time as a business analyst for a bank and enjoys collecting rare and valuable war medals. Phillipa works part-time in a confectionary shop.

Over the last few years, Robert and Phillipa have grown apart and have spent less time together, with Robert travelling for his work and Phillipa regularly attending confectionary fairs in Devon. Two months ago, Robert returned home and Phillipa told him that she had fallen in love with another man and she wanted a divorce. Robert reluctantly agreed to a divorce but is concerned how a divorce would affect him financially. What does he need to consider?

Robert could file a petition for divorce on the basis that the marriage has irretrievably broken down. To prove this he will have to show one of five facts: adultery, behaviour, two years’ separation with Phillipa’s consent, five years separation without Philippa’s consent or desertion. Robert could petition based on Phillipa’s adultery but in order to do this, Phillipa would have to agree to sign a statement confirming that the adultery took place. Alternatively, Robert could issue the petition based on Phillipa’s behaviour and he would have to provide examples of this behaviour.

Once the petition has been issued, Phillipa will be served with a copy and she will need to file a form at court called an Acknowledgement of Service. The court will firstly pronounce a Decree Nisi (interim decree of divorce) and six weeks and one day later Robert can apply for the Decree Absolute (final decree of divorce). The Decree Absolute is often delayed until an agreement has been reached about the finances.

Family Finances

Family finances are dealt with separately from the divorce process. In order to ascertain the full value of the family assets, both Robert and Phillipa should undertake full financial disclosure. It is important to note that the division of family finances is unaffected by the reasons for the breakdown of the marriage save for in very specific circumstances such as severe financial misconduct. The starting point is an equal division but various additional factors will then be taken into account to determine what a fair settlement might be.

Capital and Housing Needs

As Robert and Phillipa’s child lives independently, the court will simply need to ensure that there is a fair split of the matrimonial assets to provide adequate housing for both Robert and Phillipa. The entire capital accumulated between the couple would be taken into account, which would include but is not limited to Robert’s valuable war medals, savings, policies, shares and bonds.

Robert should be aware that on the basis of the length of their marriage and the fact that he earns a considerably larger salary than Phillipa, Phillipa may need some spousal maintenance (monthly income) from him to supplement her income. Phillipa would also be encouraged to maximise her income by for example, increasing her working hours.

Robert should be made aware that due to the length of their marriage, Phillipa may be entitled to a share of his pension.

Robert should contact a family law solicitor who can provide him with legal advice about his options for the divorce and the finances.

John & Emma: Divorce and the family finances

John (42) and Emma (40) have been married for 14 years and they have two children together; Ruby who is 10 years old and Lucas who is 7 years old. They live in a 3 bedroom house in Kent. John works full time as an IT Consultant and Emma works part-time as a senior sales assistant, which fits around the children’s school hours.

Over the last few years, John and Emma have grown apart. John recently moved out of the family home and has told Emma that he now wants a divorce. Emma has reluctantly agreed to divorce, but she is very concerned about how she and the children will manage financially. What does Emma need to consider?

Either party could file a petition for a divorce but as John wants a divorce he could file a petition for divorce on the basis that the marriage has irretrievably broken down. To prove this he will have to show one of five facts: adultery, behaviour, two years separation with Emma’s consent, five years separation without Emma’s consent, or desertion. John could issue the petition now based on Emma’s behaviour which be finds unreasonable and intolerable to live with and he would have to give examples of this behaviour. This could be difficult for Emma to accept but they could agree the wording of the petition before it is issued. It is difficult and expensive to contest a divorce petition once issued at court. As Emma has reluctantly agreed to divorce, she can negotiate the wording of the petition rather than defending the proceedings.

Once the petition is issued, Emma will be served with a copy and she will need to file a form at court called an Acknowledgment of Service which she must complete and return to the court within 7 days of receipt. Once John has made an application for the first divorce order, the court will firstly pronounce the Decree Nisi (interim decree of divorce) and six weeks and one day later John can apply for the Decree Absolute (final decree of divorce). The Decree Absolute is often delayed until after an agreement has been reached about the finances.

Family finances

The family finances are dealt with separately to the divorce process itself. John and Emma should undertake full financial disclosure to determine the true value of all the matrimonial assets. The starting point is an equal division of all the assets and then various factors must be considered to determine what would be a fair settlement. In summary, Emma may want to consider the following:

a) Capital and housing needs:

The court will want to make sure that the children are securely and adequately housed. Emma should consider how much capital there is (including savings and investments), her housing needs, her mortgage capacity and how much equity is in the family home. John may also need some capital to rehouse himself.

Emma may need some spousal maintenance (monthly income) from John to supplement her income so she can support herself and maintain the family home. Emma should also consider whether she can increase her hours at work to increase her income which she would be expected to do by the court.

c) Child maintenance:

John has a liability to pay to Emma child maintenance for both children. The amount will depend on his income but it is likely that he will be required to pay 20% of his net income. If John has the children to stay with him overnight for more than 52 nights per year, the child maintenance he pays will be reduced.

If John or Emma wanted to assess John’s child meaintenance obligations, an initial assessment can be made on the Child Maintenance Service calculator at: https://www.gov.uk/calculate-child-maintenance

d) Pensions:

Emma should consider whether John has any pensions, their value and the value of her own pensions.

Emma should contact a family law solicitor who can provide her with legal advice about her options for the divorce and the finances.

"Amazing representation in very difficult circumstances I have suffered very difficult divorce proceedings lasting 2 years, financial resolution and child matters. I was advised logically and realistically, this enabled me to assess and manage my own expectations but also gave me the ability to not be rash or overreact. Eventually, following the advice and understanding the proceedings has led me to the contact I wanted with my children. The financial was agreed to a fair level and prevented a final hearing. I cannot praise the service I received enough, fast to respond, very knowledgable, quality advice and very approachable. Even in the darkest moments, I always felt relieved and confident once I had spoken to Claire."

"I have enormous respect for the solicitors there - they are meticulous, insightful and entirely client-friendly. In terms of general communication, approachability and professionalism, I can only commend Clarkson Wright & Jakes."

"My divorce proved to be the most emotional, unsettling and testing time I have ever experienced. CWJ provided the professional advice and support to steer me through this difficult time"

"They were extremely professional, empathetic in terms of the issues they were dealing with, realistic and gave advice in a sensitive and professional manner."

‘The Family Law team in CWJ is known for its provision of clear and strategic advice. They are a delight to work with."

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A mother of three, aged in her early 40’s attended our offices in 2015 to instigate divorce proceedings . The parties had been in a lengthy relationship of 26 years and had been married for 16 of those. The husband was a litigant in person and resided outside of the area.

From the outset of the case, it was clear that the husband did not wish to cooperate with proceedings and would try to make the case as difficult as possible. On a number of occasions, the Respondent had to be personally served with Court documentation to ensure that he had received the paperwork, as he would refuse to acknowledge service of the same.

Due to the difficulties with corresponding with the Respondent, it was also evident from the outset of the case that the client would have to issue financial proceedings in order to make any progress with the case, as any negotiations via correspondence proved difficult and lengthy.

There were many obstacles to overcome within these proceedings as the Respondent was evasive with his responses to financial questions, they would often delay filing paperwork with the Court and would breach many of a Court order. The Respondent would also provide a snippet of the financial paperwork that was required and would make assertions that paperwork had been filed with the Court or the client’s solicitors when in fact it had not.

In order to assist the client, the solicitor had to make many representations at Court and submit many applications in order to inform the Court of the Respondent’s lack of co-operation and consistent breach of Court orders. This results in Cost Orders being made against the Respondent which meant that they have to pay certain costs of the client’s case.

The financial proceedings last for more than 18 months and resulted in a two day final hearing whereby the parties had to give evidence before the Court in order to assist the District Judge in making their final decisions.

The Respondent would attend Court with extra evidence that they would try to submit at the last moment and would often lay blame upon the Court and/or the client’s solicitor for the length of time that the case had taken and the lack of evidence that he had previously supplied. After a length two day hearing, the case was adjourned for the Judge to give their judgement on the final settlement.

As there was a clear case for costs in this hearing but little evidence that the Respondent would pay these, it was ordered that the former matrimonial home would be transferred to the client outright and the costs not sought. There was a clean break thereafter.

Whilst the divorce and financial proceedings were underway, the client also had troubles with the Respondent and contact with the children. The Respondent would often not attend for contact and send inappropriate messages to the client and the children which would contain abusive language. When contact did take place, it was often short and unpredictable and not in the best interest of the children at that time. The Respondent decided to issue Children Act proceedings against the client and sought to have the equal shared care of the children despite not living in the area and not having consistent contact with the children.

At the outset of the Children Act proceedings, the client offered an appropriate level of contact between the children and the Respondent. This was refused. Despite Court orders being made for contact in favour of the Respondent and promoting contact, the Respondent still refused to undertake an agreed level of consistent contact and contact remained on an ad hoc basis. The Respondent sought to have the children overnight without any appropriate accommodation in the local area and indicated to the Court a desire to relocate to the area to assist with contact and building a relationship with the children. Unfortunately, despite many attempts and offers of contact, the Respondent continued to refuse contact as it was not the level that they deemed appropriate and continued to send verbally aggressive messages. It was concluded within the Children Act proceedings that a level of contact can be maintained should the Respondent wish to do so however the Respondent had to take on board the children’s wishes and feelings and their existing commitments.

The client was very happy with the outcome of both sets of proceeding. Unfortunately, the case did not conclude there. The Respondent refused to sign any paperwork to ensure that the house was successfully transferred to the client. However, due to the experience of the client’s legal team, this was pre-empted and a clause was inserted into the final order to enable the client to return the matter back to Court, to enable them to ask the Judge’s permission if the legal team could sign any paperwork upon the Respondent’s behalf. The legal team used all best endeavours including personal service of all paperwork upon the Respondent and gave sufficient time to respond however this was not answered. The Court therefore allowed the client’s legal team to signed any paperwork and the transfer of the house has now completed.

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Typical UK Divorce Settlements – 4 Fair Examples

Are you looking for examples of typical divorce settlements to use as a guide for your own? If so, you'll find four examples covering a range of situations to help give you an idea of what might be deemed as 'fair and reasonable'.

I’m getting divorced, what does a typical divorce settlement look like.

Reaching a fair divorce settlement is never easy, irrespective of the value of assets that need to be divided.

There are no hard and fast rules when it comes to financial settlements, however, there is a set of principles you can follow that will make the process easier for you.

In England and Wales, the starting point when dividing assets is usually a 50/50 split between the parties.

The assets included in your divorce settlement can include those either jointly owned or acquired solely throughout your marriage. Typical assets will include, property (matrimonial home), savings, pensions, personal property, and in some cases investments, businesses, and inheritance.

It’s worth noting how matrimonial and non-matrimonial assets are considered by the court. Knowing this is key to achieving a fair settlement.

Something to bear in mind is that whilst 50/50 is the starting point, this doesn’t mean everything is shared equally. You have heard stories of 80/20 or 70/30 splits, but these are very rare.

Here are four typical divorce settlements for couples dividing assets in England and Wales:

1 – Alan and Vicky, London

Alan and Vicky have been married for three years. They do not have any children. When they got married, they both had successful careers as lawyers and earned around £50,000 each.

They have rented a house whilst being married and both have kept their jobs. They have a joint savings account in which they have accumulated £10,000.

Because the individual financial situation of both Alan and Vicky has not changed much since getting married (ie neither of them has given up their job) and they have not been married for long, there will be no spousal maintenance to pay and any marital assets can be split 50:50 – so this equates to £5,000 each from their savings account.

The financial settlement between Alan and Vicky is very straightforward and is known as a clean break divorce since there are no ongoing ties such as spousal maintenance payments etc.

2 – Fran & David, Surrey

Fran and David have been married for 20 years. They do not have any children. Fran is an artist but has rarely made any money from selling her artwork. David is a senior programmer and is paid £100,000 per year. Their matrimonial home is worth £500,000 but Fran has never contributed to mortgage payments.

Since Fran and David have been married for a long time and there is a large disparity in income. Fran will keep the house as part of the divorce settlement but there will be no spousal maintenance payments. David will move out and buy a new house for himself.

Although this means that Fran will retain a larger proportion of the marital assets, this will be considered fair because David has a larger future earning potential. The Judge will consider all aspects of the marriage and not just which party earned the money or purchased certain assets.

This is an example of when equality doesn’t always mean 50/50 of everything.

Get a consent order drawn up today to protect your assets following a divorce

3 – Camilla & Hector, Bristol

Camilla and Hector have been married for 16 years. They have two children who are in sixth form and considering universities. Hector is an IT director and earns £70,000. Camilla was an aspiring barrister before they got married but decided to give up her career to raise their children. Their marital home is worth £350,000 but Camilla has never contributed to the mortgage payments.

Camilla will stay in the family home with the children and Hector will continue paying the mortgage for the next two years until the children go to university. Additionally, he will pay spousal and child maintenance for the next two years.

Once two years are up, they will sell their house and Camilla will keep 70% of the proceeds from the sale since her earning potential is lower (although she plans to resume her legal career). At that point, Hector will cease all maintenance payments.

Such an agreement can be reached because both parties received legal advice to understand their exact divorce entitlements .

4 – Charlotte & Rory, Surrey

Rory and Charlotte have been married for 30 years. They have five children who have all grown up and left home. Rory is the CEO of a car manufacturer and earns a basic salary of £1 million per year with regular bonuses of a further £3 million per year. Charlotte has never earned money but instead looked after their home and raised their children. They have lived between a country mansion in Surrey and a luxury penthouse in central London, and they also own several holiday homes around the world.

As part of the divorce settlement, Charlotte will keep the country mansion and Rory will keep the London penthouse. The holiday homes will be sold and the proceeds divided 50:50. There is no child maintenance to pay since the children have all grown up.

However, Rory agrees to pay spousal maintenance of £50,000 each month until his retirement to allow Charlotte to carry on living the affluent lifestyle to which she was accustomed during their marriage. Once he retires and starts drawing his pension, Rory will give 25% of his pension payments to Charlotte as a pension attachment order.

Have a solicitor prepare a consent order with the division of high-value assets and pensions.

Fair divorce settlement examples in the UK

Reaching a financial settlement is one of the most complicated aspects of getting divorced. If the divorcing couple cannot agree, the court may need to decide on a fair outcome.

The general legal principle to a fair divorce settlement in the UK is to divide the matrimonial pot equally upon divorce, with an assumption of a 50:50 split as the starting point.

However, there is an overriding principle of ‘fairness’ which means that it’s often more complicated than simply dividing assets half and half.

If you are able to agree on how money and assets are to be divided between you then you can have a solicitor draw you up a financial consent order to make the agreement legally binding.

This document is submitted to the court at the conditional order stage of divorce proceedings so that it becomes legally binding after the divorce is finalised.

Some couples, as you can see from our examples above, can reach an agreement without the assistance of solicitors.

Still unsure what you’re entitled to? Use our free online divorce calculator to get a rough estimate of what a financial settlement could entail.

What is considered a reasonable divorce settlement ?

It can be hard to know just what is a reasonable divorce settlement and you may require the help of a solicitor or mediator.

This is because there are no hard or fast rules on how assets and money should be divided following a divorce.

However, there is a set of rules the court will assess when deciding on whether your financial settlement is fair.

Section 25 of the Matrimonial Causes Act 1973 sets out the factors that a family law court should take into account when deciding h ow to divide assets in a divorce , including:

The welfare of any children under the age of 18 (this should be the primary consideration amongst these factors).
The income , earning capacity, property, and other financial resources that each of the parties to the marriage has or is likely to have in the foreseeable future.
The financial needs , obligations, and responsibilities that each of the parties to the marriage has or is likely to have in the foreseeable future.
The standard of living enjoyed by the family before the breakdown of the marriage.
The age of each party to the marriage and the duration of the marriage.
The contributions that each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family.

Advice on reaching a fair divorce settlement

There are no hard and fast rules to reaching a fair divorce settlement. Every single one will be different.

Take into account what the Judge will be looking for when reviewing your case to ensure fairness is reached, allowing the Judge to grant you a financial order.

Specialist divorce financial settlement solicitors can help you negotiate a fair and equitable agreement and help you avoid going to court.

Be open and honest, and don’t try and hide any assets or transfer money before negotiations as these types of actions can harm future relations, especially if there are children involved.

Don’t put off sorting out your finances because of excessive legal fees or the stress and worry of visiting solicitors’ offices.

Divorce-Online is a leading divorce expert with over 20 years of experience. You can do everything online and the legal processes are handled for you.

Financial Consent Order Service – £449

If you have reached a financial agreement with your spouse and wish to have it professionally drafted into a legally binding court order, our service can help you for an affordable and fixed fee.

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To find out how we can help you, related articles, what is a lump sum order in divorce, does the length of marriage affect a divorce settlement, how do second marriages affect divorce settlements uk, what am i entitled to in a divorce uk, my ex refuses to sign a clean break, divorce financial settlement guide – who gets what, form – callback request form, request a free callback from our experts.

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Example case study: dividing finances for divorcing couple with varying financial assets

Posted 28 February 2022

The following case study is based on a matter that our divorce finance solicitors typically take on.

Our divorce finance solicitors advised a couple on dividing their finances and assets as part of the divorce process. Geraldine and Joseph lived together for one year before their three-year marriage.

Establishing finances, assets and debts

The couple’s matrimonial home was worth £500,000 and they jointly paid the mortgage, which was £350,000. Geraldine paid £100,000 towards the deposit from an inheritance she received and they signed a Declaration of Trust stating that Geraldine was entitled to the £100,000 on sale of the property, with the remainder to be split equally.

As well as their matrimonial home, the couple had a two-year-old child together. Joseph was an alcoholic, meaning that Geraldine was the child’s primary carer.

Geraldine worked for a London marketing agency, earning £120,000 per year, and she was the sole owner of a rental property worth £200,000. Joseph was a Paralegal with a salary of £18,000 per year. He had student loan debt from before the marriage. He also won £50,000 in the lottery after he and Geraldine divorced.

The couple had a joint savings account of £20,000.

Disagreement over the division of finances

The couple had varying financial earnings, assets and responsibilities which made agreeing on the division of assets more complicated. Geraldine had more financial resources than Joseph, was the sole owner of a second property worth £200,000, and was entitled to £100,000 on the sale of their property.

However, she had a chronic medical condition that could affect her future earning potential. She was also their child’s primary carer due to Joseph’s alcoholism. Our divorce solicitors took these facts into account when advising the couple.

Negotiating a financial agreement through mediation

Our solicitors negotiated a financial agreement between each party on the division of the following assets:

Former matrimonial home

The Declaration of Trust ensured Geraldine would receive £100,000 of the deposit on the sale of the former matrimonial home, and the remaining equity would be split equally between parties. As Geraldine had a higher income, we advised that the property should be transferred to her sole name, as she was able to pay the mortgage.

Joint savings

Geraldine agreed to give the £20,000 in joint savings to Joseph for the sake of a clean break and to allow him to potentially put a deposit down on his own property.

Child arrangements

As Geraldine was their child’s primary carer, Joseph agreed to pay maintenance in line with the Child Maintenance Service calculator.

Assets and debts acquired outside of the marriage

Any assets or debt acquired before the marriage or after their divorce was taken from or given to the appropriate party. For example, Joseph continued to own his student loan debt as this was accrued before the marriage, but he kept the lottery winnings as these were won following the couple’s divorce.

Geraldine maintained ownership of her second property as it was bought outside of the marriage and was solely in her name.

Contact our divorce finance solicitors

Negotiating finances can be the most stressful part of a divorce. Our specialist solicitors believe that the best way of resolving financial settlement issues is through negotiation and outside of court, where possible.

To speak to our divorce and separation solicitors , call us on 0117 325 2929 or fill out our online enquiry form . We work with separating couples across Bristol and the surrounding area in Bedminster , Bishopston , Bristol city centre , Kingswood and Thornbury .

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Example case study: division of assets and finances in high-net-worth divorce

4 March 2022

Author: Anna Wilson

The following case study is based on a matter that our divorce finance solicitors typically take on. Our divorce finance solicitors advised a couple on the division of their money...

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Families and divorce

Divorce financial settlements

The division of assets is one of the main issues to resolve during a divorce. A divorce settlement is likely to be the final stage in your divorce process and marks the point at which both of you have agreed on how to separate your finances and are ready to move on with your lives. While there is no one typical divorce settlement, here we look at how a divorce settlement is decided and practical things to consider.

How to reach a fair financial divorce settlement

How will my assets be valued and divided in a divorce settlement, what are matrimonial assets .

What are non-matrimonial assets?

Is my partner entitled to half of my inheritance?

What about income in a divorce settlement, are assets split 50/50 in divorce, can i stop my assets being included in the divorce settlement , will my partner get a share of my pension if we divorce , how is debt divided in divorce, can you be held responsible for your former partner's debt after a divorce, what happens to the family home in a divorce.

Is a house bought before the marriage considered non-matrimonial or matrimonial property?

Prenups to protect assets

What can i do if my partner hides their assets during divorce negotiations, one party is living with a new partner – is this relevant to a divorce settlement , high-net worth divorce, what if we can’t agree on how to separate our finances, do we have to go to court to get a divorce settlement, is a divorce settlement legally binding, how long does a divorce settlement take, can you appeal a divorce settlement, who pays the legal fees for a divorce settlement, civil partnerships.

How you reach an agreement over the division of your assets will depend on the circumstances of the case. You need to create a list of assets and their values. If your assets are straightforward, you may be able to come to an amicable agreement directly or through mediation. For more complex matters, you may need the services of a specialist solicitor, or to take the matter to court. Whatever route you take, you will want to ensure that the agreement you are reaching is fair and meets your needs. Both parties to a divorce will need to complete Form E, your solicitor or mediator can send this to you. Otherwise, it is available from Gov.uk website here.

Call our specialist solicitors on 0808 231 1320

It is only in very exceptional circumstances that the conduct of each person is relevant when dealing with financial matters. The fa ctors influencing how your assets are divided include:

Whether or not you have children– their financial needs as well as other factors that may affect their future wellbeing
The length of time you have been married
Your property and money including pensions
Your current earnings and ability to work into the future
Health issues affecting either you, your spouse or any children;
Your living expenses
The standard of living you are used to
The financial and non-financial contributions (such as caring for children and running the house) that each of you has made to the marriage.

Matrimonial assets are any assets that you, and your partner, acquired during the course of your marriage. They can also be assets acquired during any time you lived together before you got married (‘pre-marriage cohabitation’). Your combined assets must be divided fairly in the divorce - even if one partner earned more or contributed more financially during the marriage.

Common examples of matrimonial assets include:

The family home (including any outstanding mortgage)
Your pension – these can be complicated and it’s crucial to get the right valuations from the pension companies
Financial assets, such as your savings and current accounts
Investments, endowments, insurance policies
Belongings – vehicles, jewellery, furniture, art
Business assets – if either or both of you own a business or have a share in one
Any other assets – for example share options, trust interests
Any asset that is likely to be received in the foreseeable future
Debt – this includes loans, credit cards and overdrafts and can include any tax which is due to be paid.

What are non-matrimonial assets?

Non-matrimonial assets are assets acquired before you got married or after the date of your separation. It is often the case that such assets have not been mingled during the marriage with the person’s husband or wife.

Non-matrimonial assets can also include assets acquired after the marriage. Assets might be gifts, an inheritance or as simply as capital acquired through earnings or investments. However, it is not always easy or straightforward to agree on what assets should be considered non-matrimonial. There is no standard definition on what is considered a non-matrimonial asset. The way your assets are divided and defined depends on your individual circumstances, the needs of both partners and any children you may have.

Non-matrimonial assets can be included in the divorce settlement discussion, and shared between both partners, if there is a good reason to do so. For example, they may be included in order to meet the needs of either partner.

A judge will not necessarily include an inheritance in your financial settlement, but will consider the needs of those involved. If you received your inheritance while you were married, the courts are more likely to include it as part of the settlement, but if it was received after your marriage broke down, they are more likely to exclude it.

As well as capital assets, such as those listed above, your income will also be relevant.

‘Income’ includes:

Earned income (from employment and self-employment)
Investment income – ‘dividend’ income from any shareholdings
Pension income
Income from any trust of which you are a beneficiary
Rental income from any ‘buy to let’ property you own

Assets are not automatically split equally in a divorce. The court will look to formulate a fair financial settlement taking into account all of the circumstances in the case and in particular the following factors:

Income and assets (now and in the future)
Financial requirements – often termed ‘needs’
The standard of living during the marriage
Your ages and how long the marriage has lasted
Any physical or mental disability
Any financial contributions you have made to the marriage
Your conduct, noting this is rarely considered relevant
Any benefit you would lose because of the divorce

The first consideration will be the welfare of any children of the marriage. In many cases, the court will order a settlement that is driven by meeting both parties’ needs and those of any children - the allocation of assets will reflect their welfare needs, taking into account where they will be living and with whom. This may involve dividing the assets equally or by making an adjustment to an equal division to reflect how needs will be met going forward.

If you think something should be considered a non-matrimonial asset during your divorce, you can make a request to the court for it to be considered such and potentially excluded from the settlement. This might be appropriate if:

you received an inheritance, or are due to receive an inheritance, after you separated from your partner
you owned property before you were married, such as buy-to-let rental properties, share portfolio or other assets that have not been integrated into the marital assets
you had a valuable pension before you were married
you set up or owned a company/business before you were married.

Your request is more likely to succeed if:

your matrimonial assets adequately cover the needs of both partners to provide for themselves and any children
you have been open and honest in your financial disclosure from the beginning you have been married a comparatively short time.

If you paid into a pension during your marriage, your spouse may be entitled to some (or potentially all) of it through a ‘pension sharing order’. Pensions are often seen as joint ‘savings for retirement’ and so fall within the savings and investment part of the matrimonial assets.

A pension sharing order (PSO) is issued by the Court, and states how much of your pension your spouse will receive, or how much of their pension you will receive. The amount of pension is shown as a percentage of the transfer value.

Any debts that either party has (or the parties jointly have) must be taken into account when dividing the assets on divorce.

Your financial documentation should evidence any debts you and your partner have and whether they are held individually or in your joint names. The court can consider if debts in one party’s name should be treated as joint debts.

For many, the largest debt is a mortgage on the family home. It is important that when you list the value of your assets, that you factor in any debts you may have, including your mortgage. Otherwise, you might be overstating the value of your assets. You need to consider if you are to retain the family home, will you be able to afford the mortgage repayments after you divorce?

You will also need to decide who is responsible for other debts such as loans, credit cards and car finance after divorce. If you are unable to come to an agreement, the court can state which of you is responsible for the debt. The court is likely to consider any loans you took out during your marriage, such as loans for home improvements, as a joint responsibility.

Where you have assets available, the court will generally expect you to use them to settle your outstanding debts. However, the level of debt each party has will be important to the financial settlement because it will affect how they meet their respective needs.

If your partner took out any debts during your marriage that are solely in their name, then you are not responsible to pay the debt. However, you could be held responsible if, for example, a loan has been taken out against the value of a house which is in joint names. Or, if you have joint debts and one of you stops the repayments, the other will be responsible for these repayments. Remember that if the loan repayments are discontinued, it could affect your credit rating.

Even if you are not responsible for repayment of a debt, it might affect the division of the assets. This is because the debt a party has to repay may affect their ability to meet their needs going forward, and this is relevant to the court’s determination of a fair financial settlement.

It depends. Divorce settlement negotiations start from the point of a broad equality in division of assets. If one spouse wishes to retain the family home, they will need to have enough other assets to be able to offset the value of their spouse’s share of the home, by transferring assets of that value to their spouse. If not enough assets are available to achieve this, then the family home may have to be sold so that the equity contained within it can be split.

In some situations, particularly if there are children, it can be possible to be more creative, for example, one spouse could stay in the family home with the children, and the spouse leaving the home could retain a defined financial interest in the property, which they will realise at an agreed future date. In some cases, parties decide that one party will retain the family home as part of the divorce settlement or live in it for a certain period (such as until the children reach 18) before it is sold and the proceeds divided. In other cases, the family home will need to be sold immediately and the proceeds divided between the parties to enable them to each meet their needs going forward. The court’s first consideration will be the welfare of any children and how their needs will be met. This may result in the children and the parent with whom they live continuing to live in the family home as part of the divorce settlement.

It is important to consider if (and how) the party retaining the family home can meet the mortgage repayments and have the mortgage transferred into their sole name. If not, there are ways of structuring a settlement – such as continuing joint ownership, additional maintenance support or a trust arrangement – to avoid the property having to be sold immediately. At Tees we work collaboratively with our colleagues including our conveyancing specialists .

If you bought a house before you got married, it may be considered matrimonial property if:

You and your partner lived in the house together during the marriage (i.e. it was the family home)
The property was improved by resources accrued within the marriage (for example, if your partner contributed financially or physically to an extension or renovation)
The property generated income which was used to support the marriage (for example, if you let the property out and used the money to pay for you and your partner’s living expenses). People often assume that what becomes the matrimonial home should be shared equally. However, even if the matrimonial home is in joint names, it might not be shared equally if it is the case that the source of the property is from what might otherwise be considered ‘non-matrimonial’.

Prenuptial agreements (prenups) are used increasingly often as a way of agreeing in advance of a marriage how assets would be divided in case of divorce. (It is also possible to have a post nuptial agreement, after you’ve married.) Prenuptial agreements are not currently strictly binding in England and Wales but are likely to be upheld if certain formalities are completed and provided they are fair. They can therefore be effective in protecting assets, and avoiding dispute and legal costs, in the event of divorce.

For those entering into a marriage with significant pre-existing assets, such as business or farming assets, or those who are due to inherit in the future and want assets to pass down the generations, a prenuptial agreement can provide protection. Parties entering into a second marriage may also find a prenuptial agreement helpful in ringfencing assets they would want to pass to the children of their first marriages if they were to divorce.

The court process is rigorous in its requirements for parties to disclose assets and answer questions the other party (or the court) has about the information given.

The court takes any attempt to hide assets during divorce very seriously. This is known as ‘concealing assets’ and, if proved as being a deliberate attempt to mislead the court, is perjury. This affects the credibility of the partner attempting to mislead the court and can result in a poorer outcome for them in the divorce settlement. They may also be liable to pay costs.

If one party attempts to dispose of (sell or use up) or otherwise conceal assets with the aim of frustrating the court’s jurisdiction to dispose of the assets of the marriage fairly, the court can issue an injunction preventing disposal and freezing bank accounts and can also award a higher share of the remaining assets to the other party in compensation.

If you are worried that your partner has hidden some of their assets and not disclosed them, or even transferred them to spend before they are discovered, you should alert your solicitor or mediator as soon as possible. It is worth knowing also that your case can be re-opened if this comes to light after settlement has been reached.

It is often an emotive issue; however, because cohabitees (unmarried couples) do not have the same rights at law as married couples, the Court does not automatically treat cohabitation as a reason for a lower financial award. It can however be relevant if cohabitation is taking place, as household expenditure in that household is shared – reducing the demands on income. It's not possible for matrimonial claims between spouses to extend to a new partner. The new partner’s financial position may be relevant, but only to a limited extent and there can be no claim made against the new partner’s personal assets or income.

If either you or your ex-partner has significant wealth, your divorce process may be more complex and require lawyers with specialist expertise. High value assets present extra challenges during a divorce and reaching a fair settlement relies on honesty and transparency between both partners. Examples of high value assets in a divorce include:

businesses or shares in a business
financial investments and pensions
high level remuneration package with Long Term Incentive Plans and shares-based incentive schemes
international assets
fine art, antiques and classic cars
property investments, such as rental properties, second homes in the UK and abroad or ownership of farmland or land with other uses.

Sally Powell , Family and Divorce Partner at Tees, comments “ We are often able to help divorcing couples divide their assets quickly and amicably, helping them make their financial agreement legally binding with a Consent Order. However, there are occasions where the couple’s situation is more complex, and our Family Law solicitors will be called upon to use their expertise to ensure that assets are split fairly, taking all relevant factors into consideration. ”

If an agreement cannot be reached, possibly due to one or both parties being uncooperative or unreasonable, then it is likely one party (or both) will submit an application to the court. However it's still possible to reach an agreement within the court process. The majority of court applications are resolved amicably, before a judge needs to make a decision at a final hearing. However, if you and your spouse still cannot agree, ultimately a judge will make a decision at a final hearing.

No, many financial cases are resolved amicably. You can agree the division of assets between yourselves and it is likely to be approved by the court, provided it is fair.

You may require the services of a mediator who will help you reach an amicable agreement, or a divorce solicitor who can act on your behalf - particularly if you are unsure of your entitlements. Take care not to agree to something unless you’re sure it’s fair – it’s best to take legal advice to ensure you get your fair share.

If you need help agreeing a divorce settlement you can use services such as mediation, collaborative law or negotiation using a solicitor. At Tees we offer the full range of these services to try and help you to resolve your situation without the need to go to court which can be very stressful.

Divorce settlement agreements still need to be approved by the court, to ensure it is reasonable and to make it legally binding. You should apply to the court for a consent order which will detail your financial settlement and your current financial positions. These papers go before a judge and, if deemed acceptable, they will approve the order.

The consent order approved by a judge, becomes legally binding once your Decree Absolute has been granted in your divorce. This will prevent either of you from making a claim for more money at a later date. With a Consent Order in place, your settlement should not be affected if either you or your former partner remarries or cohabits. However, if you are paying or receiving maintenance, you might need to reapply to the court to reflect your new position.

Once you have reached a financial agreement, it is possible to obtain your Consent Order and Decree Absolute within six months. If you have not come to an agreement or if your finances are particularly complicated, it could take up to two years.

If you believe that your former partner has concealed some of their assets during the settlement process, you can appeal. You may also need to appeal if you feel the judge clearly made a wrong decision. Be prepared - appeals generally take a long time to be heard.

In most cases, both parties will have their own solicitor and will be responsible for their own legal fees. Only in unusual circumstances will the court consider conduct in the proceedings or the process of disclosure as a justification for an order for costs being made against the other party.

In broad terms these answers will be equally applicable for divorce and the dissolution of a civil partnership so words such as divorce and spouse can be interchanged with dissolution and partner. Find out more about dissolving a civil partnership here.

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What Is The New Divorce Law 2023?

What you need to know about divorcing in 2023, in april of last year, significant changes were made to divorce law, bringing about the long-awaited introduction of no-fault divorce reforms. in this blog, we will take a look at the main changes in divorce law, helping you understand the new procedure and everything you need to know about divorcing in 2023., the main change: no-fault divorce law.

The most notable change in divorce law is the introduction of the no-fault divorce system. Under this new law, couples can legally separate without having to assign blame to either party for the breakdown of their relationship. Previously, couples had to be separated for a period of two or five years or provide specific reasons, such as adultery or unreasonable behaviour. This often led to a contentious and blame-filled process, causing additional emotional strain. With the new no-fault divorce law, couples can now state that their marriage has irretrievably broken down, focusing on constructive discussions regarding key areas like living arrangements, children, and finances. This shift aims to prioritise the future well-being of everyone involved rather than placing blame on either party.

The Need for Change: Reflecting Modern Marriages

The reforms implemented in 2023 represent the most significant changes to divorce law in nearly half a century. These changes were necessary to align the law with the realities of modern marriages and provide amicable couples who have grown apart with an opportunity to divorce without unnecessary conflict. The language used in divorce proceedings has also been updated to be clearer and more contemporary. For instance, the term “petitioner” has been replaced with “applicant,” “decree nisi” is now called a “conditional order,” and the “decree absolute” is referred to as a “final order.”

Additional Benefits of No-Fault Divorce

One key benefit of the no-fault divorce system is the removal of the ability to contest a divorce. This means that an individual can apply for a divorce without the consent of the other party. This change prevents individuals from being trapped in a marriage they wish to end and eliminates the ability of abusive spouses to prolong the divorce process as a tactic of control. Some concerns were raised about the potential for hasty decisions due to these new laws. However, couples must now undergo a mandatory period of reflection. This period lasts at least 20 weeks from the date of application, during which a conditional order is issued. An additional minimum of six weeks follows between the conditional order and the final order, providing ample time for careful consideration.

Importance of Legal Representation

While the no-fault divorce process is designed to be amicable and less complicated, legal representation remains crucial. Divorce is a legally binding process, and once the terms are agreed upon, they cannot be changed. Therefore, it is essential to ensure that all aspects are carefully considered, and the necessary paperwork is completed accurately. Divorce can be an emotionally challenging experience, even if both parties agree that it is the best course of action and remain friends. Ending a marriage marks the conclusion of what was once a happy union, and making this decision involves careful consideration. Seeking guidance from an experienced legal professional is always advisable, as we can help navigate the complexities of the process and provide support during this difficult time.

The introduction of no-fault divorce law in 2023 brings significant changes to the divorce process. By removing the need to assign blame, the law acknowledges the realities of modern marriages and aims to make the divorce process more amicable and focused on the well-being of all parties involved.

The updated language and clearer terminology also provide a more accessible and understandable legal framework. It is important to remember that while the changes bring benefits, divorce is still a legally binding decision, and seeking professional legal representation is essential to ensure that all aspects are properly addressed, and the necessary paperwork is completed accurately.

We understand that dealing with family law matters can be challenging and emotional. Our team of experienced family law solicitors is here to offer you clear, practical, and compassionate advice. We are dedicated to working tirelessly to achieve the best possible outcome for you and your family.

At Regan Peggs Solicitors, we provide a comprehensive range of family mediation services Whether you are going through a divorce, dealing with child custody matters, or require assistance with property settlements; we are here to support you.

Reach out to us today to discuss your situation and how we can assist you and your family and help you navigate the legal requirements during this time.

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Family mediation, a divorcing couple entered into mediation whilst their divorce was going through, to see what they could decide amongst themselves to keep costs low whilst having to go through the inevitable divorce. Reconciliation was not an option, division of property and custody of their children was of key concern to them.

The mediator worked hard with each side which accumulated in a series of private and joint meetings where difficult conversations were had. Initially the husband wanted the matrimonial home to be sold and the proceeds divided somehow amongst the couple, the mother did not want to disrupt their children and could not really afford to buy another house. After a very emotional morning, it was agreed that the wife would stay in the home with the children and would take over the full payment of the mortgage.

The couple had a number of joint investments, which one had paid for solely, jointly, equally and unequally. A large part of the day was spent looking at who had what and who had paid more into than the other. An early suggestion of a 50% share each was not feasible for the husband as he felt he had paid more than the wife had, equally he was signing over the house to her.

From going through the finances, each side highlighted what was important to them and why, i.e. it had been their idea, they had put up most of the deposit, made most of the re/payments. Where both of them had equally invested it was agreed that they would split the proceeds on sale / cashing in, swap it for something they wanted more favourably. It took some doing; however a list of items was generated, highlighting who would have what and why.

It was agreed from the beginning that the mother would have custody of the children; however the couple were in dispute over the father’s access rights and indeed his families. It was agreed until he purchased a new house / permanent place to live, he would visit the children at their home every second weekend, to include excursions and activities away from the home.

As the mother did not want any of her in laws to come to her home anymore, it was agreed that the children could visit their grandparents and so forth during the fathers access times. School holidays would be split equally once the father purchased a new house / permanent place to live, until then with prior arrangement the father could visit.

Although the parties did not get exactly what they wanted when they arrived, i.e. I am not in the wrong, so I want more, should have more, they achieved an agreement which they could both realistically live with. Their agreement was then drawn up and finalised between their solicitors at a later date giving them a legally binding agreement, neither of which attended the mediation to save the parties costs.

The mediation took 11 hours compared to the 16 months this family dispute had gone on.
The mediation only cost each party a fraction, compared to the thousands they had already spent on legal fees, and the thousands they would have had to spend, had they continued with Court action.

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22 cops injured in clash with protesters near site of uk stabbing attack that killed 3 girls at taylor swift-themed dance class.

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Nearly two dozen police officers were injured when riots erupted outside a mosque in the UK Tuesday near where three young girls were stabbed to death at a Taylor Swift-themed dance class .

Incensed crowds hurled bottles and stones at police officers — and even ignited a police van in a melee that was inspired by online rumors that the killer was a Muslim migrant.

The protesters hijacked a peaceful vigil that was attended by hundreds in the center of Southport to mourn the 13 victims of the stabbings, including seven still in critical condition.

Protesters clashing with police near the site of where three girls were killed in a stabbing attack in Southport, England on July 30, 2024.

Officers in riot gear tried to quell the infuriated crowd, who were chanting, “No surrender!” and “English ’til I die!”

A helicopter hovered overhead as the protesters, some wearing masks, set off fireworks and trashed the street.

Twenty-two police officers were treated for injuries from the riot, 11 of whom were taken to the hospital, the North West Ambulance Service said. Several were seen bleeding and at least one suffered a broken nose.

The chaos was so severe that the NWAS declared a major incident while responding.

The far-right group English Defence League protested near a mosque.

Inklings of unrest surfaced when Prime Minister Keir Starmer appeared at the vigil to lay a wreath of pink and white flowers with a handwritten note that said: “Our hearts are broken, there are no words for such profound loss. The nation’s thoughts are with you.”

“How many more children?” one person yelled as Starmer was getting in his car. “Our kids are dead and you’re leaving already?”

Police said the violent crowd were supporters of the English Defence League, a far-right group, and the unrest was inspired by rumors that the 17-year-old suspected of carrying out the massacre was connected to Islam.

The crowd throwing objects at police officers.

“It is sickening to see this happening within a community that has been devastated by the tragic loss of three young lives,” Merseyside Assistant Chief Constable Alex Goss said.

Just one day earlier, a knife-wielding madman stormed into the Hart Space, which was hosting a Taylor Swift-themed dance and yoga workshop for kids between the ages of 6 and 11.

Alice Dasilva Aguiar, 9, Elsie Dot Stancombe, 7, and Bebe King, 6, were killed, police said.

Five of the eight other children injured remained in critical condition Tuesday, as are two adults stabbed while trying to save the youngsters .

Smoke rising from a street in Southport amid the protests.

Witnesses described scenes “from a horror movie” as bloodied children ran from the attack just before noon Monday.

A 17-year-old suspect was arrested on suspicion of murder and attempted murder. Cops have yet to offer a possible motive but say it is “not currently being treated as terror-related.”

He has not been identified and authorities said he was born in Cardiff, Wales, and had lived for years in a village about three miles from where the massacre took place.

Swift said early Tuesday that she was “completely in shock” over the deadly attack.

Police hold back protesters after disorder breaks out in Southport.

“The horror of yesterday’s attack in Southport is washing over me continuously and I’m just completely in shock,” the pop superstar, 34, wrote to fans.

“These were just little kids at a dance class,” the “Love Story” singer said.

“The loss of life and innocence and the horrendous trauma inflicted on everyone who was there,” she added.

“I am at a complete loss for how to ever convey my sympathies to their families.”

Mass shootings are rare in Britain. Knives are used in about 40% of homicides in the year to March 2023.

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Andrew Karolyi and John Tobin-de la Puente

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In June, the Colombian subsidiary of Spanish banking group BBVA announced that it was issuing what it described as the financial sector’s “first biodiversity bond”, in order to finance habitat conservation and restoration projects in the South American country.

The $50mn initiative — backed by the International Finance Corporation (IFC), the private sector-focused arm of the World Bank, as structurer and investor — marks a turnaround for a nation recovering from half a century of violence and guerrilla activity. It also places Colombia among a select group of pioneers, including the Seychelles and Belize, that are using the financial markets to support the conservation of nature.

While the green bonds market has seen explosive growth in the past decade, the capital it has raised has overwhelmingly been invested in climate mitigation, alternative energy, and green transportation projects. Minimal amounts go to biodiversity conservation and habitat restoration projects.

In financing nature, explicitly and directly, this Colombian bond breaks new ground, with metrics linked to objectives to benefit the environment. Invest ors will be repaid through a mix of funding sources including a carbon tax, the government budget and donors .

Test yourself

This is the sixth in a series of monthly business school-style teaching case studies devoted to responsible-business dilemmas faced by organisations. Read the piece and FT articles suggested at the end (and linked to within the piece) before considering the questions raised.

About the authors: Andrew Karolyi is professor and dean, John Tobin-de la Puente is professor of practice and co-director of the Initiative on Responsible Finance, both at the Cornell SC Johnson College of Business.

The series forms part of a wide-ranging collection of FT ‘instant teaching case studies ’ that explore business challenges.

The question for those concerned about the destruction of the world’s natural habitats is whether this pioneering structured bond will be effective, and whether it could help to inspire a broader range of similar instruments aimed at countering loss of biodiversity around the world.

Meanwhile, the question for investors is whether the vehicle is sufficiently attractive and robust to attract a new and growing class of funders that may share an interest in environmental issues but also seek competitive returns.

Located at the northern end of the Andes, Colombia straddles the Equator, the Pacific Ocean, the Caribbean, and the Amazon basin. It has the second-highest number of species on the planet after Brazil, and the highest species diversity when measured per square kilometre, according to the World Wildlife Fund . Colombia is home to more than 1,900 species of birds — on a par with Brazil and Peru.

Colombia will be on the frontline of biodiversity losses

But global warming threatens to cause dramatic harm to this biodiversity . Colombia will be on the frontline of these losses because it will be disproportionately affected by climate change compared to countries with fewer species that are more widespread.

Now, though, it could also be in the vanguard of new financial models to reverse the trend.

In 2016, a historic peace agreement between the government and leftist guerrilla group the Revolutionary Armed Forces of Colombia (Farc) marked the end of five decades of armed conflict. Despite continuing violence, the peace process has greatly improved the lives of citizens. However, it has also increased pressure on natural ecosystems. The political violence had meant large areas were shielded from illegal deforestation and degradation of the habitat.

Five years after the peace deal, Colombia became the first Latin American country to issue a green bond in its domestic market : a 10-year $200mn offering aiming to finance a variety of projects intended to benefit the environment — including water management, sustainable transport, biodiversity protection, and renewable energy. High investor demand meant the final amount had been increased by half again.

Finance minister José Manuel Restrepo described the structured bond as an “important step” in finding new ways to finance investment in environmental projects: it would help develop a domestic green bond market and attract a wider range of investors. His ministry identified another $500mn in eligible projects that could be financed through green bonds, including a $50mn Colombian “blue bond” — financing focused on marine habitats and ocean-based projects that generate environmental co-benefits. This was successfully placed in 2023 with the help of BBVA and the IFC as structurer.

Now, the announcement of BBVA Colombia’s biodiversity bond marks another step forward. It focuses on reforestation, regeneration of natural forests on degraded land, mangrove conservation, and wildlife habitat protection.

In the case of green bonds, only a minuscule share of the money raised is spent on nature conservation, in part because few such projects generate cash flows from which to repay investors. Another reason is that it is harder to measure how effectively deployed resources dedicated to conservation — such as for monitoring species population growth — are, or to track activities that help to reach certain conservation target goals over time, such as for restoring degraded ecosystems.

Using private, financial return-seeking capital to finance the sustainable management and conservation of natural resources is viewed by many experts as the most realistic solution to the twin crises of biodiversity loss and climate change — given the magnitude of investment needed.

Yet there is growing political pushback against environmental and social initiatives, most notably in the US.

Regulators and consumer groups have also launched legal actions to challenge green objectives. Large corporations, including Unilever, Bank of America and Shell, have in the past year dropped or missed goals to cut carbon emissions. And there has been disillusion with the ability of sustainability-linked bonds to meet their objectives.

By association, that raises fresh questions about continued progress on biodiversity.

In biodiversity finance, doing deals is inherently more difficult

In tackling the climate crisis, the trajectory seems clear: the set of solutions needed is more or less agreed, and a good part of it makes economic sense. But, in biodiversity finance, doing deals is inherently more difficult.

It is more complex to structure transactions that generate proceeds to protect wildlife, restore ecosystems and fund other activities that may not generate cash flows, all while ensuring investors are repaid. Early successes — such as Belize’s blue bond are encouraging — but the potential for real scale is still unclear.

Questions for discussion

How companies are starting to back away from green targets (ft.com)

Green bond issuance surges as investors hunt for yield (ft.com)

Sustainability-linked bonds falter amid credibility concerns (ft.com)

Consider these questions:

1. How critical is the role of the IFC as structurer of the BBVA Colombia biodiversity bond deal in validating its legitimacy and providing investors with assurance? How important is it that IFC is also a co-investor in the biodiversity bond issuance?

2. What are the pros and cons of the fact that the $50mn BBVA Colombia biodiversity bond deal has been launched following Colombia’s successful placement three years earlier of its sovereign green bond, and following its newly announced “green taxonomy”?

3. What does the Colombian experience say about the likelihood of rapid change in how countries manage their biodiversity and climate impacts? Does Colombia demonstrate that such change is possible, or is its experience unique and unlikely to represent a model of rapid action for other countries?

4. Can biodiversity bonds meaningfully help to address biodiversity loss? And is this transaction the start of a trend? If not, why would BBVA Colombia have executed this transaction? Is it a gesture of goodwill and a recognition of its own corporate responsibility, or a means to greenwash some of its other less appealing investments?

5. Considering the economic and social context following the peace agreement between Colombia and the Farc forces, how might the shift from conflict to peace affect the country’s ability to balance economic development with environmental conservation?

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Why the Management: Practitioner Programme worked for me

Ministry of Defence policy advisor Nazia Lodhi says she learned from peers across government while on the Civil Service Management: Practitioner Programme.

Nazia Lodhi, Ministry of Justice

“Management can be taught,” says Nazia Lodhi, (pictured), a senior policy advisor for the Armed Forces Pensions Schemes at the Ministry of Defense (MoD).

The team leader and chair of the MoD Civilian Muslim Network was among the first civil servants to do the Management: Practitioner Programme which was launched in 2023.

Her experiences on it convinced her that anyone can learn to be a better manager and that good management is most definitely a skill that can be taught.

Practical sessions

“The programme was a great learning curve,” she said.

“Learning was not just from books and theories but also from practical sessions and learning from other people’s experiences too. It was so valuable to get the chance to learn from peers across government in different departments as well.”

The Management: Practitioner Programme supports experienced managers, of any grade, to get the skills, knowledge and networks they need.

The programme consists of three modules, each lasting approximately five weeks and featuring real-life, relatable Civil Service leadership scenarios. A fourth module includes continued learning post programme.

Nazia’s varied career has spanned the NHS where she worked as a cross-matcher for heart transplants and the Home Office where she was an asylum caseworker.

Now, at the MoD, she manages a team which has traditionally had a high level of staff turnover.

For that reason, she says motivating her staff is a priority - and she does that by demonstrating her own passion for their work in the way she conducts herself.

Encouragement to future participants

“My experience about being on the programme is that it’s very worthwhile.

“If somebody was thinking about doing it, I would start off by telling them they should definitely go for it.”

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Cardi B asks court to award her primary custody of her children with Offset, divorce records show

The Associated Press

August 2, 2024, 8:24 PM

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NEW YORK (AP) — Cardi B is seeking primary custody of her children with rapper Offset, including a baby on the way, court records in the couple’s divorce show.

The Grammy-winning hip-hop superstar is also seeking child support from Offset, known for his successful solo career and role in the trap group Migos.

Details of Cardi B’s requests were included in divorce documents obtained Friday, a day afetr they were filed Thursday in New Jersey Superior Court in Bergen County.

Cardi B, 31, and Offset, 32, have two children together: 6-year-old daughter Kulture and 2-year-old son Wave. She is pregnant with their third child, which she announced in an Instagram post Thursday. The filings state Offset is the father.

The filing says that for the past six months, Cardi B and Offset, whose birth names are Belcalis Almanzar and Kiari Cephus respectively, “have experienced irreconcilable differences … There is no reasonable prospect of reconciliation between the parties.”

A representative for Cardi B told The Associated Press on Thursday: “This is not based on any one particular incident, it has been a long time coming and is amicable.”

The hip-hop power couple were secretly wed on Sept. 20, 2017, in Atlanta. They only announced their engagement a month later.

Cardi B, raised in the South Bronx, came to fame as a cast member on VH1’s “Love & Hip Hop: New York” before launching a booming rap career with her Grammy-winning first and only album, “Invasion of Privacy,” and its inescapable No. 1 songs “Bodak Yellow” and “I Like It,” featuring Bad Bunny and J Balvin.

Her profile has only grown in the years since, through other No. 1 songs like when she joined Maroon 5 for 2018’s “Girls Like You,” 2020’s “WAP” with Megan The Stallion and 2021’s “Up.”

The details in court records were first reported Friday by celebrity website TMZ.

In 2020, Cardi B previously filed for divorce from Offset in the state of Georgia, claiming her marriage was “irretrievably broken.” She later withdrew the filing.

Associated Press Writer Mike Catalini contributed to this report.

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The Divorce, Dissolution and Separation Act 2020 reforms the divorce process to remove the concept of fault (also known as 'no-fault divorce'). Many legal professionals felt that divorce law was out of date, particularly following Owens v Owens [2018] UKSC 41. The Divorce, Dissolution and Separation Act 2020 was passed in June 2020 and came ...
PDF Guidance on "Financial Needs" on Divorce
About guidance. This guidance is addressed primarily to courts and legal advisers and is intended: (i) to clarify the meaning of "financial needs" on divorce, with particular reference to the most commonly encountered cases in which the available assets do not exceed the parties' needs (i.e. "needs-based" cases);
Separation/Divorce Case Studies: Unmarried v?s Married
Anna (50) and Kristoff (50) own a property jointly which has equity of £800,000. Anna earns £150,000 a year gross (£90,000 net or £7,500 per month). Kristoff has not worked since their children, Olaf (12), Elsa (14) and Hans (16), were born. Anna intends to retire at 65 when her pension will provide her with an income of £2,000 per month.
Family Law Case Studies
John & Emma: Divorce and the family finances. John (42) and Emma (40) have been married for 14 years and they have two children together; Ruby who is 10 years old and Lucas who is 7 years old. They live in a 3 bedroom house in Kent. John works full time as an IT Consultant and Emma works part-time as a senior sales assistant, which fits around ...
Divorce and Financial Proceedings
Home. Divorce and Financial Proceedings - Case Study. A mother of three, aged in her early 40's attended our offices in 2015 to instigate divorce proceedings. The parties had been in a lengthy relationship of 26 years and had been married for 16 of those. The husband was a litigant in person and resided outside of the area.
Typical UK Divorce Settlement Examples
Take into account what the Judge will be looking for when reviewing your case to ensure fairness is reached, allowing the Judge to grant you a financial order. ... Divorce-Online is the UK's leading provider of online divorce services, pioneering the concept of 'online divorce' in 1999. Sales: 01793 384 029 Support: 01793 211 211 ...
Category: Case Studies
Final Divorce Order Granted in 61 minutes! 31 January 2020. ... Cohabitation Case Study. 20 March 2017. Dealing with a provocative ex. 14 March 2017. Family law on the Corrie cobbles. 25 October 2016. International family law. 17 October 2016. Who will support the children? ... www.sra.org.uk.
Case study: dividing finances in divorce
Contact our divorce finance solicitors. Negotiating finances can be the most stressful part of a divorce. Our specialist solicitors believe that the best way of resolving financial settlement issues is through negotiation and outside of court, where possible. To speak to our divorce and separation solicitors, call us on 0117 325 2929 or fill ...
Divorce financial settlements
Divorce settlement negotiations start from the point of a broad equality in division of assets. If one spouse wishes to retain the family home, they will need to have enough other assets to be able to offset the value of their spouse's share of the home, by transferring assets of that value to their spouse.
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6 financial mistakes to avoid when going through a divorce
6. Not updating your will. As a rule of thumb you should look to review your will every three years and whenever your family or financial circumstances change significantly. Research done on behalf of Solicitors for the Elderly has found that almost half of UK wills could be out of date due to life-changing events such as marriage or divorce.
What Is The New Divorce Law 2023?
The introduction of no-fault divorce law in 2023 brings significant changes to the divorce process. By removing the need to assign blame, the law acknowledges the realities of modern marriages and aims to make the divorce process more amicable and focused on the well-being of all parties involved. The updated language and clearer terminology ...
Divorce & Separation Disputes
We are here to help you Monday - Friday, 09.00 - 18.00. Please note we do not provide a FREE mediation service, nor mediate disputes with a value of less than £500. Outside of office hours, email us. Our chat bot is live 24/7, whereby we respond to any enquiries within 24 hours. Equally you may find most the answers to your questions on our.
ESA Vigil
Case study ESA Vigil ... This will sustain more than 150 highly skilled jobs and reinforce Airbus UK's position as a space prime, covering complete missions from spacecraft design and build to ...
Family Law Case Study
The parties were unable to agree a divorce financial settlement. The other side made an application to the Court claiming that she was entitled to 65% of all marital assets. The marriage was in excess of 20 years and the parties could not agree on the date of separation. There were significant assets to include properties both here in the UK ...
22 cops injured in clash with protesters near site of UK stabbing
Protesters clash with police near the site where three girls were killed in a stabbing attack in Southport, England, on July 30, 2024. Richard McCarthy/PA via AP
Business school teaching case study: can biodiversity bonds save
This is the sixth in a series of monthly business school-style teaching case studies devoted to responsible-business dilemmas faced by organisations. Read the piece and FT articles suggested at ...
Why the Management: Practitioner Programme worked for me
Ministry of Defence policy advisor Nazia Lodhi says she learned from peers across government while on the Civil Service Management: Practitioner Programme.
Cardi B asks court to award her primary custody of her children with
NEW YORK (AP) — Cardi B is seeking primary custody of her children with rapper Offset, including a baby on the way, court records in the couple's divorce show. The Grammy-winning hip-hop ...

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Divorce and separation

Prenuptial agreements

Changing the face of family law: A retrospective on some of the seminal family law decisions of the last 20 years

Financial advice on marriage and dissolution

Sharing and Fairness: White v White [2000] UKHL54

Prenuptial Agreements and Self-Determination of Outcome: Radmacher v Granatino [2010] UKSC 42

Non-disclosure: Sharland and Gohil [2015] UKSC 60

Divorce law reform: Owens v Owens [2018] UKSC 41

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Scenario A – they are unmarried.

Scenario B – they are married.

The only difference between these scenarios is that in scenario B, Jack and Jill were married.

Scenario A – they are unmarried.

The only difference being that in scenario B, Kristoff and Anna were married.

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Typical UK Divorce Settlements – 4 Fair Examples

Table Of Contents

1 – Alan and Vicky, London

2 – Fran & David, Surrey

3 – Camilla & Hector, Bristol