Category:
Who Do Children Live with After Divorce?
Article Summary
- ✓There is no automatic rule in England and Wales giving either parent priority over where children live; the only governing principle is the child’s welfare.
- ✓The Children Act 1989 abolished the language of “custody” and introduced Child Arrangements Orders, which can name one or both parents, and can set out who the child lives with; who the child spends time with and when and how that time takes place.
- ✓Courts apply the seven-factor welfare checklist in section 1(3) of the Children Act 1989, weighing the child’s wishes and feelings, the child’s physical and emotional needs, any risk of harm, and each parent’s capabilities.
- ✓The wishes and feelings of the children are one of the factors considered – generally speaking the older the children are the more weight will be placed on their wishes and their views will be weighed against their age and maturity. Decisions for children rest with parents (or the Court or an Arbitrator if the parents disagree).
- ✓An Order that provides who the children are to live with may continue until they are 18 but a spends time with/contact provision will generally cease at age 16 unless the Order specifically provides for these to continue, which it will only do if the circumstances are exceptional. A Court will not make any new Orders for contact/lives with when the children are over 16 (save for varying or discharging an existing order) unless the circumstances are exceptional.
- ✓Before any court application about children can be issued, most applicants must first attend a Mediation Information and Assessment Meeting (MIAM), and Courts now actively direct parties towards non-court resolution processes throughout proceedings.
- ✓It is important that Court should be considered a measure of last resort and proper consideration given as to whether alternative methods to resolve the dispute (such as mediation, arbirtration or collaborative Law) would be better. In serious cases involving domestic abuse or safeguarding concerns an application to Court may remain the most appropriate action and immediate advice should be taken at the earliest opportunity to ensure children are safeguarded if there are any significant welfare concerns
Where children will live after a separation is often the question that weighs most heavily on both parents. English law gives neither parent automatic priority; the answer turns on what arrangements will best serve each child’s welfare. That has been the governing principle since the Children Act 1989 came into force in October 1991, and it has not changed.
For most separating families, the question is settled without a court ever being involved. Parents who can reach a workable arrangement between themselves are free to do so, and the law encourages them to. Where agreement proves impossible, Purcell Solicitors’ child law team can advise on the options available, from mediation, other forms of non court dispute resolution, through to court proceedings if that becomes unavoidable.
There are around 2.4 million separated families in Great Britain, involving approximately 3.8 million children. Separation is not unusual. For those going through it, knowing how the law actually works, rather than what popular myth suggests, can make a real difference to the decisions parents make and the outcomes they achieve.
Child Arrangements Law
Before 1989, courts hearing disputes about children on divorce were asked to determine “custody” and “access.” The language carried a winner-and-loser logic that entrenched conflict rather than resolved it. The Children Act 1989 replaced that framework entirely. Parental rights gave way to parental responsibility, and a single paramount principle was established: the child’s welfare is the court’s paramount consideration. Courts could no longer award a parent “custody” as if it were a prize.
In my experience, clients often confuse parental responsibility with the child’s living situation. They are not the same. Mothers have parental responsibility automatically. Married fathers, and fathers registered on the birth certificate for births on or after 1 December 2003, also have it. However, an unmarried father who is not on the register can acquire it by agreement with the mother, by marrying her, or by applying to the court. Having parental responsibility gives a parent the right and duty to participate in decisions about a child’s upbringing; it says nothing, on its own, about where the child lives or how often they spend time with their parent.
Child Arrangements Orders
The Children and Families Act 2014 renamed the orders a court can make about children’s living arrangements. What were once residence and contact orders became Child Arrangements Orders, governed by section 8 of the Children Act 1989. An order can specify that a child “lives with” one parent or both, and separately that the child “spends time with” the other. Term-time arrangements, holidays, special occasions, and any other aspect of routine can all be included. There is no standard template; every order is built around the specific child.
A parent named in a “lives with” order may remove the child from the United Kingdom for up to one month without the other parent’s consent, under section 13(2) of the Children Act 1989 however care should be taken to ensure that this does not result in being in breach of any other arrangements (such as a Court Order for contact arrangements with the other parent) and it remains best to ensure the other parent is aware of any planned holidays in advance so there is time to resolve any dispute if there is to be one. Longer absences require either written agreement from everyone with parental responsibility or a court order permitting the trip failing which it could lead to serious consequences in particular if considering international travel. Breaching a Child Arrangements Order is a serious matter: the court can vary the arrangements, impose an unpaid work requirement, order financial compensation for losses caused, or, in persistent cases, commit the defaulting parent to prison.
The Welfare Checklist
When a court makes any decision about a child’s upbringing, section 1(3) of the Children Act 1989 requires it to consider seven factors. The court does not treat these as a scoring exercise; it weighs them together against the particular child’s circumstances. The factors cover:
- ✓ The ascertainable wishes and feelings of the child, considered in light of their age and understanding;
- ✓ Their physical, emotional and educational needs;
- ✓ The likely effect on them of any change in their circumstances;
- ✓ Their age, sex, background and any other relevant characteristics;
- ✓ Any harm the child has suffered or is at risk of suffering;
- ✓ How capable each parent is of meeting the child’s needs;
- ✓ The range of powers available to the court under the Act.
Section 1(1) of the Act makes welfare of the child the paramount consideration, not one factor among several. Courts refer to this as the paramountcy principle. No other consideration, including what either parent wants or considers fair, can override what the court determines is best for the child.
Recent Judicial Developments
A recent example is Mother v Father [2024] EWFC 252 (B), in which four children aged nine to fourteen had refused all contact with their mother over an extended period. The father was named in the “lives with” order. The judge found that compelling direct contact against the children’s consistent and clearly expressed views would damage them and undermine any prospect of rebuilding the relationship. Indirect contact was ordered as the starting point, supported by therapeutic work. The case is a strong example of the court treating children’s voices as a central welfare factor but does not hand children a veto over contact arrangements as the courts primary concern remains the chldren’s welfare, but it confirms that courts treat authentically held, consistent views with real seriousness, particularly where the children are old enough to understand what they are saying and in this case, weighing against the other circumstances, resulted in the decision against direct contact – but the provision of indirect contact, alongside therapeutic work was to ensure there was a “bridge towards a relationship” should the children wish to resume this.
Shared “lives with” orders, where children are said to live with both parents, in varying arrangements from exactly equal to more time with one parent than the other, are now a routine feature of family court practice. Case law from the Court of Appeal and the Family Division has confirmed that they can be made even where the time split is unequal, where parents are in active conflict, or where one parent opposes the arrangement. The test is always and only welfare of the child. An equal division of time that genuinely benefits the child could be appropriate; one imposed for symmetry’s sake only, where the child would suffer from the instability, is not.
From April 2024, amendments to the Family Procedure Rules strengthened the court’s powers to direct parties towards non-court resolution. Courts can now adjourn proceedings and require parties to attempt mediation or another non-court process, even against a party’s wishes. At each hearing, both parties must confirm their position on non-court options in writing. Average waiting times from application to final order in Court proceedings stood at around 74 weeks in early 2025, which concentrates the mind considerably when mediation or Arbiration can produce a result in a matter of weeks..
Practical Guidance for Separating Parents
The starting point is agreement. If both parents can agree on arrangements that prioritise the children’s stability, they are free to do so without any court involvement. Many families manage this informally; others find it useful to record their agreements in a written parenting plan. A parenting plan is not a court order and cannot be enforced as one, but it provides both parents with a shared reference point and reduces the scope for later disputes about what was originally intended and can often be produced in Court later if required to demonstrate intentions. There are lots of helpful resources for parents to help resolve matters outside of Court on the CAFCASS and Resolution website and also on the government website [www.gov.uk](https://www.gov.uk) “Making child arrangements if you divorce or separate”.
Where direct negotiation is difficult, Purcell Solicitors’ non-court dispute resolution services include family mediation, collaborative law, and family arbitration. Mediation is between the parents. In addition Child Inclusive Mediation allows children, generally those aged ten or over, to share their own views with a mediator directly; those views are then fed back to the parents to inform their discussions. Cruicially in child inclusive mediation children are not asked to make any decisions or indeed asked to give any preferences -it simply an opportunity, if appropriat, for children to feel able to express how they are currently feeling and thinking, in order for the parents to then consider and make decisions as to the arrangements. If Child Inclusive Mediation is being considered as a way of a parent getting a child to decide what the arrangements should be or the child to resolve a dispute it is very unlikely to be appropriate.
Before any court application about children can be issued, most applicants must attend a Mediation Information and Assessment Meeting (MIAM) under section 10 of the Children and Families Act 2014. Exemptions apply where domestic abuse, urgency, or certain safeguarding concerns are present.
For those who do reach court, several points are worth knowing:
- ✓ CAFCASS (the Children and Family Court Advisory and Support Service) conducts safeguarding checks at the outset of all proceedings and reports to the court on any domestic abuse or welfare concerns that require investigation.
- ✓ If proceedings continue a CAFCASS officer may be ordered to meet the child in an age-appropriate way to gather their views and provide a Section 7 report. Younger children often express themselves through drawing or play rather than conversation.
- ✓ The court can order expert evidence from an independent social worker or a child psychologist where the complexity of the case requires it.
- ✓ Having the children currently living with you is not a guarantee of any particular outcome. Courts assess welfare on the evidence as it stands at the time of the hearing, looking forward rather than back.
- ✓ Section 91(14) of the Children Act 1989 allows the court to bar further applications for a period without leave where a pattern of repeated litigation is itself harming the child.
Policy and Future Direction
The family courts are severely stretched, and one thing I know for sure is that protracted litigation concerning child-related legal disputes causes harm of its own. The April 2024 rule changes reflect a deliberate decision to reduce the number of child arrangement cases resolved by contested final hearing. Courts have wider powers to adjourn and redirect, judges are expected to raise non-court options at every stage, and the MIAM requirement has been tightened. Across the profession, the expectation is that court proceedings should be a genuine last resort, not a default.
Statistics published in 2024 show that lone fathers accounted for 16.7% of lone-parent families, up from 13.1% in 2014. That shift reflects a broader change in how families organise themselves after separation, with shared care becoming more common in practice. The courts have long held that a meaningful relationship with both parents is ordinarily in a child’s interests. What is changing is how often that principle translates into the arrangements families actually reach before a judge ever has to decide and the increased steer for parents, where safe, to agree those arrangements themselves.
Frequently Asked Questions
Do mothers automatically get the children?
No, English law gives mothers no automatic priority over fathers in separation cases. The belief that courts favour mothers dates from practice before the Children Act 1989 came into force, when courts did tend, as a matter of culture rather than law, to place younger children with their mothers unless there was a compelling reason not to. Since 1991, both parents have been on the same legal footing. The outcome depends on what the court finds will best serve the child’s welfare, as assessed in that particular case. A mother who cannot meet her children’s needs will not be awarded a “lives with” order by virtue of being their mother, and the same applies to fathers.
What is a Child Arrangements Order?
A Child Arrangements Order is a court order under section 8 of the Children Act 1989 that sets out with whom a child is to live, spend time, or otherwise have contact, and when. It replaced residence and contact orders after the Children and Families Act 2014 took effect in April 2014. A child might be ordered to live primarily with one parent while spending regular time with the other, or the order might reflect a genuinely shared arrangement across two homes. Both elements can appear in the same order. Each order is tailored to the child; there is no off-the-shelf version.
What does the court consider when deciding where children live?
Courts apply the welfare checklist in section 1(3) of the Children Act 1989, covering the child’s wishes and feelings assessed against their age and maturity, their physical, emotional and educational needs, the effect of any change in circumstances, their individual characteristics, any risk of harm, and how capable each parent is of meeting their needs. CAFCASS provides a safeguarding check in all proceedings. In complex cases, a fuller welfare report may be ordered. The analysis focuses on what will benefit the child, not on what either parent considers a fair outcome.
Can children choose which parent to live with?
Children do not have a legal right to choose where they live before they turn 16, at which point the Children Act 1989 generally permits them to decide for themselves unless there are exceptional circumstances. Before that age, a child’s views are one welfare factor among several, and courts give those views increasing weight as the child grows older and mature. An older child’s consistently held views will usually carry real weight in proceedings, though the court still considers them alongside all other welfare factors. Courts are alert to the difference between views that are genuinely the child’s own and views that reflect parental pressure; the latter are given correspondingly less weight.
What happens if we cannot agree on arrangements?
If parents cannot reach an agreement through either direct negoations, mediation or other means, they could consider appointing a specialist Child Law Family Arbitrator to resolve the dispute between them through Arbitration which would result in a binding decision which the parents can then apply to have turned into a Court Order by consent.
If Arbitration is not agreed, or otherwise not appropriate, then either parent could apply to Court.
Prior to an application to Court the Applicant must attend a Mediation Information and Assessment Meeting (MIAM) before issuing a court application, unless an exemption applies. Many disputes are resolved through mediation or family arbitration without the case ever going before a judge. As above family arbitration can produce a binding decision far faster than the family court. Both parents have to agree to Arbitrate and they choose the Arbitrator (or ask for one to be appointed).
If court proceedings are issued, either parent applies using Form C100. In Court proceedings CAFCASS will be involved from the start, the court will manage a timetable, and the Judge will make a final order based on the child’s welfare if the parents are unable to agree themselves during the proceedings. The parties are encouraged to reach agreement throughout, even after proceedings are issued.
A Court order is legally binding on both parents once made.
Director – SRA number: 494434
Lisa Buckridge is a Director at Purcell Solicitors and has over 20 years of experience in family law. She qualified in the early 2000s and became a director of the firm in October 2015. She holds accreditation as a Family Mediation Council-accredited Mediator, obtained in 2022, and is one of a small number of lawyer-mediators qualified to carry out Child Inclusive Mediation. She is also a trained collaborative lawyer and hybrid mediator.
Lisa handles the full range of family law matters, including divorce, financial settlements, children proceedings, pre- and post-nuptial agreements, and cohabitation disputes. Her referrals come principally from solicitors, including London-based practices, the local judiciary, and former clients, a pattern that reflects her standing in the field. She has worked on cases involving a terminal health diagnosis and cases in which the opposing party was a specialist family law barrister.
Chambers and Partners ranks Lisa in Band 3 for Family/Matrimonial in the Thames Valley in the UK Guide 2026. She has also been spotlighted specifically for her mediation practice in the Family/Matrimonial Mediators: Thames Valley category. Chambers describes her as “an excellent solicitor who robustly and effectively represents her clients’ interests” and as “incredibly clever” with the ability to “construct cases perfectly”.
Her reported cases include Re R (a child) EWCA Civ 35, in which the Court of Appeal held that a judge had erred by failing to properly evaluate a child’s wishes or to hear evidence from a CAFCASS officer before departing from that officer’s recommendation. She also acted in Scotching and Birch EWHC 844 (Ch), a case concerning burial arrangements and letters of administration following the death of a child; the case has since been cited in several academic papers and journal articles.
Lisa is a member of Resolution and is regulated by the Solicitors Regulation Authority (SRA number: 494434). She can be contacted at lisa@purcellsolicitors.co.uk.
Neurodivergency in Family law
Legal Services
Around 15% of the population are neurodivergent and have additional needs.
In family law cases there has been a positive change in recent months which has allowed those with neurodiversity to have an equal access to justice in family law matters and overcome barriers which may prevent fair justice taking place.
On 30th January 2025, the Family Justice Council published Guidance on Neurodiversity in the Family Justice System for Practitioners.
What is neurodiversity
Neurodivergence is the term used for when someone’s brain processes, learns, and/or behaves differently from what is considered ‘neurotypical’. ‘Neurotypical’ refers to a person with neurological development and functioning that are of a typical standard according to social norms.
Understanding Neurodiversity has had a considerable effect on society by shifting the way we value the differences in how people think, learn, and interact with the world. It challenges traditional norms by promoting the idea that neurological differences, such as autism, ADHD, and dyslexia, are natural variations rather than deficits that need to be ‘fixed’ or ‘cured’.
Neurodiversity effects the way that some people are able to present information, engage and process information. These people are classified as ‘neurodivergent’.
Issues in family law
Experiencing any type of litigation without the right support in place can create challenges and in particular those with neurodivergence may have found themselves at a disadvantage as their particular neurodivergent may impact on their ability to fully participate in a legal process or be treated fairly.
Examples of common problems faced by the neurodivergent Court/litigation include:
- Communication differences – misunderstanding questions, sensory overload or shutdowns.
- Credibility and Stereotyping – misjudgement of behaviour or biased opinions.
- Understanding legal proceedings and documents – difficulty processing and retaining complex information.
- Lack of training for professionals – lack of understanding may result in a misinterpretation of behaviour causing inequity in outcomes
- Access to justice – the Court system being rigid and unable to accommodate particular needs which would improve an individual’s experience, and ability to participate e.g. regular breaks, communication aids, sensory equipment etc.
The introduction of the guidance and how we can help
The growing awareness of neurodiversity helps to break down certain challenges and foster a culture that values diverse perspectives, creativity, and innovation. The published guidance encourages practitioners and the Court in family law cases to have a greater insight into those with neurodiversity and understand how best to support those individuals, enabling them to have greater access to justice.
As practitioners it is our role to keep up to date with all training and adapt to ensure all clients get the right service and support when going through a family law process . At Purcell we ensure that we:-
- Understand each client’s needs – Being able to tailor our advice and accommodate each client’s needs is at the forefront of our minds. It is important that there is early identification of neurodivergence or any vulnerabilities from the outset so that we can best assist you.
- Communicate effectively – We understand that material information may need to be presented in different formats to enhance understanding. At Purcell Solicitors we want to work in a way that best meets our client’s needs whether that is communicating best by telephone, in person or emails. We also understand that certain phrases and terminologies can sometimes be confusing for our clients, and we always try to ensure that legal jargon is minimised so that there are no barriers to understanding.
- Focus on Non-Court Dispute Resolution (NCDR) where appropriate – We firmly believe that Court should always be the last resort. At Purcell Solicitors we actively promote methods of NCDR as these processes enable a level of flexibility that the Court cannot always facilitate. Methods of NCDR include mediation, collaborative law, private financial remedy hearings and Arbitration. The Courts are overstretched and cannot always allocate the time that is needed in a case. A NCDR process better allows clients to take a more active role in their case and provides the ability to tailor more easily issues such the environment and timings to enable individuals to fully participate in proceedings.
- Be proactive – We understand that NCDR is not always an option and sometimes matters need to be resolved through a Court process. Applications can be made to the Court if required for reasonable adjustments to be made in order to meet an individual’s needs. This could be a request to adjust the structure of the Court timetable or a request for more frequent breaks during a Court hearing or giving evidence or to allow for a longer timetable to ensure compliance and full participation.
- Keep an open mind – We encourage our clients to be open and honest with us so that we can best understand any vulnerabilities or issues that they may be facing. We will always use our best endeavours to support the needs of our clients and facilitate a safe space where matters can be resolved at a pace that works for them wherever possible.
Disclaimer: Please note that this page is for guidance only and does not replace legal advice. It is correct with the law at the time of publication but please be aware that laws may change over time. This article contains general legal information but should not be relied upon as legal advice. Please seek professional legal advice about your specific situation – contact us for dedicated help for you.
Our Latest News
Director – SRA number: 494434
Lisa Buckridge is a Director at Purcell Solicitors and has over 20 years of experience in family law. She qualified in the early 2000s and became a director of the firm in October 2015. She holds accreditation as a Family Mediation Council-accredited Mediator, obtained in 2022, and is one of a small number of lawyer-mediators qualified to carry out Child Inclusive Mediation. She is also a trained collaborative lawyer and hybrid mediator.
Lisa handles the full range of family law matters, including divorce, financial settlements, children proceedings, pre- and post-nuptial agreements, and cohabitation disputes. Her referrals come principally from solicitors, including London-based practices, the local judiciary, and former clients, a pattern that reflects her standing in the field. She has worked on cases involving a terminal health diagnosis and cases in which the opposing party was a specialist family law barrister.
Chambers and Partners ranks Lisa in Band 3 for Family/Matrimonial in the Thames Valley in the UK Guide 2026. She has also been spotlighted specifically for her mediation practice in the Family/Matrimonial Mediators: Thames Valley category. Chambers describes her as “an excellent solicitor who robustly and effectively represents her clients’ interests” and as “incredibly clever” with the ability to “construct cases perfectly”.
Her reported cases include Re R (a child) EWCA Civ 35, in which the Court of Appeal held that a judge had erred by failing to properly evaluate a child’s wishes or to hear evidence from a CAFCASS officer before departing from that officer’s recommendation. She also acted in Scotching and Birch EWHC 844 (Ch), a case concerning burial arrangements and letters of administration following the death of a child; the case has since been cited in several academic papers and journal articles.
Lisa is a member of Resolution and is regulated by the Solicitors Regulation Authority (SRA number: 494434). She can be contacted at lisa@purcellsolicitors.co.uk.
Divorcing with children – who gets the house?
Separation & Divorce
It is no surprise that a divorce is typically considered one of the most stressful experiences, alongside moving house and loss of a loved one. This is often because it involves a combination of all of those – grieving for a relationship/future that is not as you intended or hoped, and the immediate thought of where you are going to live and whether this will involve moving home.
Where you have children, this makes it even more important to strive to provide a solution that provides them, and you, with stability. Often where there are young children the house can become a symbol of security at a time of great uncertainty and as a result establishing who gets the house in a divorce or whether it should be sold is a crucial decision.
There are no hard and fast rules as to whether a house would be retained or sold, whether immediately or deferred for a few years. It will all depend on your own particular circumstances and consideration of affordability and needs.
If I have children that means the home has to be kept until the youngest is 18?
Not necessarily. As above there are no set rules that determine what happens to the family home during a divorce. The family home is one of the assets that needs to be considered.
The law in England and Wales confirms that the first consideration must be the welfare of any minor children of the family under the age of 18. In general the law strives to ensure that any settlement will result in the children having a secure home with as a minimal impact to their quality of life as possible – but that does not always mean remaining in the family home.
Section 25 of the Matrimonial Causes Act 1973 contains the factors that the law says should be taken into account when considering a fair division of finances, as above, with the first consideration being the welfare of any children under 18. One of those factors and often the most magnetic of those is that of financial needs, obligations and responsibilities.
Minor children are clearly a responsibility and they must be taken into account when considering housing needs. If the children are spending considerable time with both parents – even if this is more time with one than the other – the law is wary of a settlement which would result in one parent remaining in good quality accommodation and the other in small or unsuitable accommodation and the solution that should ensure the children have a good home with both parents.
If, after consideration of your particular circumstances, it is possible for the family home to be retained and the financial assets to be divided in a fair way such that the other parent can also provide a home for the children (of similar if not the same quality – and not necessarily in purchased accommodation at least immediately) than it is likely a Court would favour that as an outcome. However sometimes this does not work – either it means that the other parent would not be able to meet their housing need or if there is simply insufficient money for the family home to be retained i.e. it cannot be afforded. In some cases a solution could be for the family home to be retained, typically by the parent with whom the children spend more time, and the other person having to wait for their share of the capital if this is the only way to ensure the children’s housing needs can be met but this would need careful exploration and how to fairly deal with the other parent who has to wait for their capital. Questions such as can they be released from the mortgage immediately? How does their share get protected? Who pays the bills/mortgage in the meantime? Are there potential tax consequences etc all need to be considered.
The law will consider all of the circumstances of the case, children being one of the factors they take into account but often the reality is that there is insufficient money to make two homes out of one and difficult decisions have to be made and what is fair for one couple may not be fair for another and therefore legal advice is crucial.
What can be ordered about the home?
There are a number of ways that the family home can be dealt with, from a sale, to one party retaining the family home and either it being transferred to them and paying the other person their agreed interest or a situation where the home is retained and the other person has to wait for their funds until agreed events.
The law will strive to ensure that the children have stability as far as possible but equally have to balance the fairness to each parent and much will turn on the affordability and what options can be thought of to ensure all are suitably housed.
A type of order that can be used in cases where there is insufficient money to rehouse both parties or even one party if there was to be a sale is an order whereby the parent with primary care of the children would remain in the family home until certain events took place (known as trigger events) the main typical one being the youngest child reaching the age of 18 or finishing full-time secondary education. At that point the family home would be sold, and the proceeds divided in a way that has already been agreed. These remain possible to obtain although have a number of pros/cons which have to be carefully considered.
The main advantage of this arrangement is to minimise disruption to the children as they stay living in the family home but the disadvantages are the other parent has to wait for their funds (and in some cases may have to remain linked to the existing mortgage) and it delays the disruption to both parents as the sale would take place at the agreed points in the future at which point that parents circumstances are unknown. These types of Order are typically seen as an Order of last resort or where both parents agree that the children should be retained in their family home until a future circumstance. It may be a case that it is preferable to sell the house even if you have children who are minors if that is fair in your circumstances.
This type of settlement can either be done with the parties retaining the property in joint names subject to agreed conditions – which are set out in a clear legal document or with the property being transferred to one person immediately with the other persons interest being deferred and secured by way of a legal charge over the property, to be paid on agreed events in the future. A transfer and charge has the advantage of enabling the other parent to be released from the mortgage on the family home but if that is not possible then remaining on the family home and mortgage, for the shortest time possible, can sometimes be the best option.
Summary
The answer to the question of who gets a house in a divorce for children is -it depends. The fact that there are children within the marriage is one of the factors taken into account. The law is concerned to ensure that the housing need of the children is secure as far as possible but whether this is remaining in the family home, moving to other owned accommodation or even a sale with both parents being in rental accommodation depends entirely on your own particular circumstances.
FAQs
1. Does having children mean the family home must be kept until the youngest is 18?
Not necessarily. The court’s first consideration is the welfare of any children under 18, but that does not automatically mean the family home will be kept until they reach adulthood. The outcome depends on your overall circumstances, including affordability, housing options for both parents and what best meets the children’s needs.
2. What does the court look at when deciding who gets the house in a divorce with children?
The court applies the factors in section 25 of the Matrimonial Causes Act 1973, giving first consideration to the welfare of any minor children. It will look at issues such as each party’s financial resources, housing needs, obligations and responsibilities, the standard of living during the marriage, ages and health, and the contributions each has made to the family.
3. Can the family home be kept in one parent’s name after divorce?
Yes, in some cases the family home can be transferred to one parent, often the one with whom the children spend most of their time, provided the other parent’s housing needs and overall fairness can still be met. This may involve that parent paying the other a lump sum or agreeing that the other retains an interest in the property, recorded in a court-approved order.
4. What is a deferred sale (Mesher-type) order and when is it used?
A deferred sale order allows the parent with primary care of the children to remain in the family home until certain trigger events occur, often the youngest child turning 18 or finishing full-time secondary education. The property is then sold and the proceeds divided in an agreed way, but this type of order has pros and cons and is usually considered a solution of last resort or where both parents agree it is best for the children.
5. What happens if there is not enough money to buy two homes?
Where there is insufficient equity or income to fund two suitable homes, difficult choices sometimes have to be made and a sale of the family home may be unavoidable. The court will still aim to secure appropriate housing for the children with each parent as far as possible, which may include one or both parents renting rather than buying.
6. Can we agree what happens to the house without going to court?
Yes. Many couples reach an agreement about the family home through negotiation, mediation or other non‑court dispute resolution, then ask the court to approve it as a Consent Order. This can be quicker, more cost‑effective and less stressful than a contested court process, while still giving you a binding and enforceable agreement about the property.
7. Do I need a solicitor to decide who gets the house when we have children?
Given the complexity of the law and the long‑term impact of housing decisions, specialist family law advice is strongly recommended. A family lawyer can explain your options, assess likely outcomes in your circumstances and help you reach an arrangement, or obtain a court order, that protects your position and prioritises your children’s housing needs.
This is a complex area and your first option would be to seek the advice of a specialist family lawyer to discuss your particular circumstances and the more likely outcome for you. We recognise that as parents your priority is to make sure that the children are looked after and having an expert professional on your side to assist you in reaching a decision that you need to make is invaluable.
Disclaimer: Please note that this page is for guidance only and does not replace legal advice. It is correct with the law at the time of publication but please be aware that laws may change over time. This article contains general legal information but should not be relied upon as legal advice. Please seek professional legal advice about your specific situation – contact us for dedicated help for you.
Our Latest News
Director – SRA number: 494434
Lisa Buckridge is a Director at Purcell Solicitors and has over 20 years of experience in family law. She qualified in the early 2000s and became a director of the firm in October 2015. She holds accreditation as a Family Mediation Council-accredited Mediator, obtained in 2022, and is one of a small number of lawyer-mediators qualified to carry out Child Inclusive Mediation. She is also a trained collaborative lawyer and hybrid mediator.
Lisa handles the full range of family law matters, including divorce, financial settlements, children proceedings, pre- and post-nuptial agreements, and cohabitation disputes. Her referrals come principally from solicitors, including London-based practices, the local judiciary, and former clients, a pattern that reflects her standing in the field. She has worked on cases involving a terminal health diagnosis and cases in which the opposing party was a specialist family law barrister.
Chambers and Partners ranks Lisa in Band 3 for Family/Matrimonial in the Thames Valley in the UK Guide 2026. She has also been spotlighted specifically for her mediation practice in the Family/Matrimonial Mediators: Thames Valley category. Chambers describes her as “an excellent solicitor who robustly and effectively represents her clients’ interests” and as “incredibly clever” with the ability to “construct cases perfectly”.
Her reported cases include Re R (a child) EWCA Civ 35, in which the Court of Appeal held that a judge had erred by failing to properly evaluate a child’s wishes or to hear evidence from a CAFCASS officer before departing from that officer’s recommendation. She also acted in Scotching and Birch EWHC 844 (Ch), a case concerning burial arrangements and letters of administration following the death of a child; the case has since been cited in several academic papers and journal articles.
Lisa is a member of Resolution and is regulated by the Solicitors Regulation Authority (SRA number: 494434). She can be contacted at lisa@purcellsolicitors.co.uk.
Children In Divorce: Holiday Arrangements & Travelling Abroad
Separation & Divorce
As family solicitors, we know all too well the stresses travelling abroad with your children when you are divorced can bring.
School holidays can be a stressful time for parents – juggling additional childcare responsibilities with work; changes to the daily routine with children being home and trying to find activities that fill their time but don’t cost the earth.
Where parents are separated this can be made even more difficult trying to ensure each has quality time with the children. The need for cooperation, planning and good communication will be ever more important.
Emotions and financial realities also often come into play with one parent not being able to afford to take the children abroad when the other can; the resentment of having to fit around the other parent’s work/holiday restrictions or children from another relationship; feelings of loss from the past family holidays when together; the guilt or anger in saying no and being blamed for denying the children opportunities etc. All of these factors, and more, can lead to a boiling point of conflict which ultimately only results in the children being caught in the middle.
Do you need the other parents permission?
Most parents won’t have Court Orders to regulate the arrangements and the key to reducing tension and disagreement is to plan ahead with good communication. A schedule that works well for the family during term time is likely to need revision and agreement during holiday periods to enable the children to have holiday time with each parent. If there is going to be a disagreement the sooner you know the sooner you can resolve it for the benefit of the children.
If you are hoping to travel abroad with the children, there are additional considerations. Many parents are unaware that to travel abroad with their children you need the consent of anyone else who has Parental responsibility (typically this is the other parent). If you do not have that permission then you could find yourself facing criminal charges for child abduction. If there is a “Lives with” Order in place that confirms the children live with you then technically you do not require the other parent’s consent to travel abroad for a period of up to 28 days however – you must ensure this does not impact upon the time the children spend with the other parent if there is a Court Order as otherwise, you would be in breach of that Order.
Don’t make the mistake of just going ahead and booking a holiday abroad without consultation with the other parent and making promises to the children about arrangements without having a clear, and agreed, plan as to how the holidays will work in reality.
It is normally advised that even if you believe you can travel without permission (either due to a “lives with Order” or if there are no Orders in place and the other parent does not have parental responsibility) you should still communicate your plans for travel to the other parent so they know where their children will be. By doing this, and remaining respectful and considerate of the other parent, it can work wonders to prevent undermining of successful post-separation parenting by unilateral decision making.
Things to consider when taking a child on holiday after divorce
At Purcell Solicitors we are very experienced in assisting parents in resolving holiday issues – whether by providing legal advice or mediation services. We recommend keeping in mind these key issues when considering holiday arrangements:
- Organisation – being organised well in advance will help stop additional stress and worry, and plan dates, activities and financial implications.
- Communication – communicate, where possible, directly with the other parent and not through the children. Put aside personal feelings and concentrate on putting the children, and their needs, first.
- Information – where you wish to take the children away on holiday it is helpful to provide additional information about your potential trip such as where you intend to go, details of proposed travel time and plans, who you are going with and a general outline of what you intend to do. This can often assist the other parent in ensuring the child is the focus and what the benefits of the holiday planned would be for the children (as it remains about what is in the children’s best interests). The other parent should also have contact details in case of emergency.
- Flexibility – be respectful of the other parent, and recognise that there may be outside pressures (such as work) which limit the ability of one parent to offer many options for how the holidays should be shared. Whilst there is no obligation to “swap days” suggesting alternatives for the other parent to see the children can often eliminate potential issues that can arise from a request for extended time with the children. Recognise that both parents will want to spend quality time with the children over the extended breaks and that cooperation and compromise are necessary tools.
- Questioning – In some cases, the children could be asked questions by immigration officials so, depending on their age and maturity, you may wish to explain that this would be nothing to worry about and they should provide honest answers.
- Documentation – not only will you need to consider the obvious issue if considering a holiday abroad or when and how passports are handed over but you could well be asked by airport officials for evidence of the permission to travel with the children and even your relationship with them. Better to have the documentation and not require it than to be at passport control and be denied entry. Typically the relevant documentation advised is:
- Written consent from the other parent and their contact details
- Proof of your relationship with the children – such as a birth or adoption certificate.
- If you have a different surname to your child that is not on their birth certificate e.g. your name has changed since their birth – take additional evidence to confirm your relationship for example a copy of your marriage certificate or Decree Absolute/Final Order in divorce or change of name deed etc
- Specifics of your trip
- You should also check your proposed destination as to whether they have any additional entry requirements – carrying the right documentation can ease stress and upset or worse a cancelled holiday.
Be prepared and plan in advance
Timing is crucial. Don’t leave these issues until a week before a planned trip – take time to ensure both of you feel heard in any dispute and can work towards an agreed resolution. Conflict arises most often when the other parent feels backed into a corner over arrangements they have no control over and this could result in expensive Court or Arbitration applications which should be avoided as far as possible and only used in circumstances of genuine disagreement, exceptional cases and as a measure of last resort.
What can you do if you can’t reach a direct agreement?
If you’re unable to agree on the arrangements in direct discussions/communication then you should consider whether mediation is appropriate. Mediation provides an opportunity to explore all issues in a non-confrontational manner with assistance from an independent and impartial mediator who helps you to discuss the issues between you and reach a bespoke agreement that suits your individual family needs. Mediation can be a great success and the advantage is that you, as parents, retain full control over the arrangements for your family. It also has the advantage of being a flexible and cheaper alternative to Arbitration or Court litigation where the procedures can be consuming and costly- both emotionally and financially.
If mediation is not suitable then other alternatives would be to try a more collaborative approach – either formally using a collaborative law process whereby all discussions take place around the table with specially trained advisors or negotiation through solicitors either by round table meetings, correspondence or otherwise.
Disclaimer: Please note that this page is for guidance only and does not replace legal advice. It is correct with the law at the time of publication but please be aware that laws may change over time. This article contains general legal information but should not be relied upon as legal advice. Please seek professional legal advice about your specific situation – contact us for dedicated help for you.
Our Latest News
Director – SRA number: 494434
Lisa Buckridge is a Director at Purcell Solicitors and has over 20 years of experience in family law. She qualified in the early 2000s and became a director of the firm in October 2015. She holds accreditation as a Family Mediation Council-accredited Mediator, obtained in 2022, and is one of a small number of lawyer-mediators qualified to carry out Child Inclusive Mediation. She is also a trained collaborative lawyer and hybrid mediator.
Lisa handles the full range of family law matters, including divorce, financial settlements, children proceedings, pre- and post-nuptial agreements, and cohabitation disputes. Her referrals come principally from solicitors, including London-based practices, the local judiciary, and former clients, a pattern that reflects her standing in the field. She has worked on cases involving a terminal health diagnosis and cases in which the opposing party was a specialist family law barrister.
Chambers and Partners ranks Lisa in Band 3 for Family/Matrimonial in the Thames Valley in the UK Guide 2026. She has also been spotlighted specifically for her mediation practice in the Family/Matrimonial Mediators: Thames Valley category. Chambers describes her as “an excellent solicitor who robustly and effectively represents her clients’ interests” and as “incredibly clever” with the ability to “construct cases perfectly”.
Her reported cases include Re R (a child) EWCA Civ 35, in which the Court of Appeal held that a judge had erred by failing to properly evaluate a child’s wishes or to hear evidence from a CAFCASS officer before departing from that officer’s recommendation. She also acted in Scotching and Birch EWHC 844 (Ch), a case concerning burial arrangements and letters of administration following the death of a child; the case has since been cited in several academic papers and journal articles.
Lisa is a member of Resolution and is regulated by the Solicitors Regulation Authority (SRA number: 494434). She can be contacted at lisa@purcellsolicitors.co.uk.
Forthcoming changes to Family Law in 2024
Separation & Divorce
A further shift to non-court dispute resolution
As family solicitors, we know all too well that the costs of litigating disputes through the Court, both emotionally and financially, can be vast and, on occasion, disproportionate.
The reality is that there are some cases where issuing Court proceedings is, and will remain, the best solution, particularly where there is extensive domestic abuse, or where you have a reluctant person who may currently be burying their head.
However, at Purcell Solicitors we have long been advocates of non-Court methods of resolving family disputes if possible, such as mediation, collaborative law, lawyer-led negotiation, private evaluations and arbitration to name a few. Indeed, Pauline was one of the first solicitor arbitrators, Pauline, Mandi and Lisa are trained collaborative lawyers, Lisa is a fully accredited mediator and all of our solicitors are members of Resolution striving to minimise acrimony for you in an often very difficult time.
Upcoming Family Law Changes
Sadly, Court has remained, for too many people, the first or indeed only option and it can be hard to understand why an alternative process (which may on the face of it occasionally appear to have more expense although often isn’t in reality given the time typically saved in achieving a resolution) should be considered when there are already proceedings before the Court.
Thankfully the tide appears to finally be turning as there is now to be a much greater emphasis, for those considering or indeed already within Court proceedings, on considering other processes to resolve their disputes.
Family Procedure Rules
From April 2024, the Family Procedure Rules are changing, marking a further shift towards the encouragement of the use of “non-court dispute resolution” the definition of which has been expanded to ensure a greater emphasis on consideration of all options.
Whilst specialist family lawyers are well versed in advising people as to these alternatives, the changes to the FPR mark a shift towards those who may not be so well versed and the Court’s own role with a stronger encouragement on the use of these processes to try and reduce the number of separating couples who find themselves going through the Court process, and with real risks and consequences to those who fail to consider alternatives and simply say “see you in court” without good reason.
What is non-Court dispute resolution?
This is a term coined to cover any means of resolving family disputes without going through the litigation Court process. The definition of non-court dispute resolution is expanded from 29th April so that it means:
“Methods of resolving a dispute other than through the Court process, including but not limited to mediation, arbitration, evaluation by a third party (such as a private financial dispute resolution process) and collaborative law.”
Didn’t we always have to do this?
Mediation Information and Assessment Meeting
Currently, anyone who is making an application to the Court is required to first attend something known as a Mediation Information and Assessment Meeting (“MIAM”). This is an individual meeting with a mediator to assess whether or not mediation could work in your situation and assess other alternatives if not.
The reality is that, to date, too often this is considered a “box ticking” step to enable an application to be issued. There are also currently a number of exemptions from the MIAM meaning that some people miss out on that crucial information that can be provided in that meeting. Although you are required to provide proof of MIAM attendance it is often the case that a busy Court does not actually look at the reasons why someone has not attended a MIAM, meaning that exemptions can be used when they really should not have been. With the changes to the law in force from April 2024, this is to change. The new rules will strengthen the focus on non-court dispute resolution by:
- Removing some of the existing exemptions for a MIAM (there will always remain some exemptions such as urgency and domestic abuse).
- MIAM providers (those who follow the FMC standards for MIAMs will no doubt have already been doing this) must now assess and discuss all forms of non-court dispute resolution and assess whether they may be appropriate and provide guidance on how to proceed with those if appropriate.
- In addition, if Court proceedings are needed, each person will be required to file a form with the Court seven days before each Hearing indicating whether they would be open to using non-court dispute resolution. This is to encourage and promote the use of other forms of resolving disputes as whilst it may not have been appropriate at the outset, it is something that should be kept under constant review. This will ensure the Court is aware of the parties’ position on non-court dispute resolution and bring a greater focus to this than has currently been the case.
- The Judges will also consider non-court dispute resolution at each stage and where previously the Court were able to adjourn cases to explore non-court dispute resolution if both parties were in agreement, from April 2024, the Court have the power to do this, absent the agreement of the parties if it would be suitable by enabling the Court to timetable the proceedings to ensure sufficient time for steps for non-court dispute resolution to be undertaken.
- Arguably the biggest shift to the encouragement to the parties to really consider non-court dispute resolution in proceedings to resolve financial disputes are new rules ensuring that a Judge can take into account one party’s refusal to attempt non-court dispute resolution when making decisions about costs in financial cases. The new rules explicitly state that failing to engage in non-court dispute resolution without good reason could lead to a departure from the general starting point that there should be no order as to costs. This means that if you don’t have a good reason not to move away from Court you could find yourself penalised in costs.
Why this change?
Whilst the sentiment behind these rules has been in place for some time and specialist family lawyers, such as Purcell, have long been championing non-court dispute resolution, it is hoped that these formal rule changes will provide greater encouragement for Judges, practitioners, and indeed the people having to use the system to keep the method in which they are resolving disputes at the forefront of their minds.
This should help keep matters away from Court where possible and enable longer-lasting and more effective solutions to be reached at an earlier stage. Greater use of non-court dispute resolution should lead to a reduction in conflict and an increase in parties finding common ground rather than having solutions imposed on them by the Judge in Court litigation.
With this greater emphasis on mediation and other forms of non-court dispute resolution, the Family Court hopefully will become more efficient, prioritising those cases where Court intervention must take place due to for example safeguarding issues and domestic abuse, and result in those cases being dealt with more quickly and more efficiently for the sake of all involved then is sadly currently the case.
No family is the same and the ability to create bespoke solutions by considering all the processes available can only be to the benefit of those that the law seeks to assist.
If you are looking for further information about the different forms of non-court dispute resolution, interested in considering mediation or simply feeling stuck as to where to turn in relation to resolving a dispute, please get in touch with us to discuss how we can assist you further.
Disclaimer: Please note that this page is for guidance only and does not replace legal advice. It is correct with the law at the time of publication but please be aware that laws may change over time. This article contains general legal information but should not be relied upon as legal advice. Please seek professional legal advice about your specific situation – contact us for dedicated help for you.
Our Latest News
Director – SRA number: 494434
Lisa Buckridge is a Director at Purcell Solicitors and has over 20 years of experience in family law. She qualified in the early 2000s and became a director of the firm in October 2015. She holds accreditation as a Family Mediation Council-accredited Mediator, obtained in 2022, and is one of a small number of lawyer-mediators qualified to carry out Child Inclusive Mediation. She is also a trained collaborative lawyer and hybrid mediator.
Lisa handles the full range of family law matters, including divorce, financial settlements, children proceedings, pre- and post-nuptial agreements, and cohabitation disputes. Her referrals come principally from solicitors, including London-based practices, the local judiciary, and former clients, a pattern that reflects her standing in the field. She has worked on cases involving a terminal health diagnosis and cases in which the opposing party was a specialist family law barrister.
Chambers and Partners ranks Lisa in Band 3 for Family/Matrimonial in the Thames Valley in the UK Guide 2026. She has also been spotlighted specifically for her mediation practice in the Family/Matrimonial Mediators: Thames Valley category. Chambers describes her as “an excellent solicitor who robustly and effectively represents her clients’ interests” and as “incredibly clever” with the ability to “construct cases perfectly”.
Her reported cases include Re R (a child) EWCA Civ 35, in which the Court of Appeal held that a judge had erred by failing to properly evaluate a child’s wishes or to hear evidence from a CAFCASS officer before departing from that officer’s recommendation. She also acted in Scotching and Birch EWHC 844 (Ch), a case concerning burial arrangements and letters of administration following the death of a child; the case has since been cited in several academic papers and journal articles.
Lisa is a member of Resolution and is regulated by the Solicitors Regulation Authority (SRA number: 494434). She can be contacted at lisa@purcellsolicitors.co.uk.
Well-being in Divorce
Company News
Your well-being is our priority, particularly during the most difficult moments.
It is perhaps no surprise that, alongside moving house, the death of a loved one, major illness or loss of a job, divorce is one of the biggest life stressors. A divorce is a decision that carries huge practical and financial implications, as well as the emotional turmoil of coming to terms with a future that is not going to be, whether your choice or not, what you had planned.
The legal and practical aspects can be complex, all-consuming, and confusing, and you are often asked to make big decisions about your future at a time when you are navigating your emotions and the emotions of others impacted by the ending of the relationship.
It’s Essential to Allow Time for Your Feelings to Settle.
As with any major and life-altering event, it is essential, where possible, to allow time for your feelings to settle; decisions made at the height of high emotions can be tricky, and it may be beneficial to seek support from others. Fear of the unknown is common and can be paralysing, but there are reassuring ways to navigate the process and make the best decisions for your family.
We sometimes hear people feel they have no time or it is somewhat indulgent to look after their emotional well-being. Particularly when you are amid practical and sometimes urgent decisions whilst supporting others in the family, such as children who you will be trying to protect from any negative impact. However, in our experience, prioritising your own mental and physical well-being and health can often mean you are more confident in your decisions and stronger in supporting others, akin to the aeroplane message of “put your own mask on before others”.
Successful well-being methods vary depending on the individual. Some people will benefit from professional counselling or divorce coaches, some from mindfulness or meditation, and others reconnect with friends or personal hobbies. However you care for your well-being, the significance of it cannot be overstated.
Choosing the Right Legal Professional to Work With is Also Very Important.
At Purcell, all of our solicitors are members of Resolution: a family organisation committed to resolving matters on divorce as amicably as possible. We adopt a constructive person-centred approach and strive to minimise the animosity that can arise when undertaking negotiations as to the division of your assets, financial settlements or arrangements for your children.
Our Latest News
Director – SRA number: 494434
Lisa Buckridge is a Director at Purcell Solicitors and has over 20 years of experience in family law. She qualified in the early 2000s and became a director of the firm in October 2015. She holds accreditation as a Family Mediation Council-accredited Mediator, obtained in 2022, and is one of a small number of lawyer-mediators qualified to carry out Child Inclusive Mediation. She is also a trained collaborative lawyer and hybrid mediator.
Lisa handles the full range of family law matters, including divorce, financial settlements, children proceedings, pre- and post-nuptial agreements, and cohabitation disputes. Her referrals come principally from solicitors, including London-based practices, the local judiciary, and former clients, a pattern that reflects her standing in the field. She has worked on cases involving a terminal health diagnosis and cases in which the opposing party was a specialist family law barrister.
Chambers and Partners ranks Lisa in Band 3 for Family/Matrimonial in the Thames Valley in the UK Guide 2026. She has also been spotlighted specifically for her mediation practice in the Family/Matrimonial Mediators: Thames Valley category. Chambers describes her as “an excellent solicitor who robustly and effectively represents her clients’ interests” and as “incredibly clever” with the ability to “construct cases perfectly”.
Her reported cases include Re R (a child) EWCA Civ 35, in which the Court of Appeal held that a judge had erred by failing to properly evaluate a child’s wishes or to hear evidence from a CAFCASS officer before departing from that officer’s recommendation. She also acted in Scotching and Birch EWHC 844 (Ch), a case concerning burial arrangements and letters of administration following the death of a child; the case has since been cited in several academic papers and journal articles.
Lisa is a member of Resolution and is regulated by the Solicitors Regulation Authority (SRA number: 494434). She can be contacted at lisa@purcellsolicitors.co.uk.
Financial disclosure on divorce
Company News
When considering how to divide your financial arrangements the first step is to ensure that you both have equal knowledge of the financial circumstances of your marriage.
What is financial disclosure?
Financial disclosure is where you and your former partner exchange full information about your respective financial circumstances- both individually and jointly so that you can make financial arrangements for your future. In most circumstances, a Form E is utilised which is a Court form designed to assist you in providing full information about your circumstances – including assets, income and information about your current and future needs and circumstances.
What assets need to be disclosed?
In short, everything. Both parties must be honest when disclosing their financial circumstances and provide full supporting documentation, as this can cause delays and potentially serious issues later with adverse consequences for those found to have been misleading. When disclosing your financial circumstances these include but are not limited to:
- Properties
- Business accounts
- Credit cards and loans
- Insurance policies
- Bank accounts
- Savings and Investments
- Income and P60s
- Pensions
How do you calculate the financial assets?
The initial disclosure provided can often raise questions and requests for further information which should be answered in full if necessary and proportionate for negotiations to then take place. Sometimes experts are required to determine the valuation of some assets such as values of property, and business assets.
Other experts can be required such as experts to provide reports on tax consequences and often pensions will require expert consideration to report on the true value of the pensions, how to share pensions or if there is to be consideration of off-setting pension assets against, for example, equity in a home. Any experts should ideally be jointly instructed to avoid disputes, and further costs, with each side having their own competing experts. Once the financial circumstances are fully known then proper and substantive negotiations can take place to reach a full financial settlement.
Business assets can often be very complex as not only are those assets often a source of wealth but they are also often a source of current and future income. Any interest in the business must be disclosed and will form part of the overall consideration with the other assets as to how to achieve a fair outcome. Where there are business assets, specialist advice is invaluable at the outset to ensure the right information is provided, or requested, to avoid delays and additional costs if issues come to light later down the line. Specialist family solicitors can work with accountants, tax specialists and other solicitors specialising in other areas of law if required to ensure your case is presented in the best possible way from the start.
Disclaimer: Please note that this page is for guidance only and does not replace legal advice. It is correct with the law at the time of publication but please be aware that laws may change over time. This article contains general legal information but should not be relied upon as legal advice. Please seek professional legal advice about your specific situation – contact us for dedicated help for you.
Our Latest News
Director – SRA number: 494434
Lisa Buckridge is a Director at Purcell Solicitors and has over 20 years of experience in family law. She qualified in the early 2000s and became a director of the firm in October 2015. She holds accreditation as a Family Mediation Council-accredited Mediator, obtained in 2022, and is one of a small number of lawyer-mediators qualified to carry out Child Inclusive Mediation. She is also a trained collaborative lawyer and hybrid mediator.
Lisa handles the full range of family law matters, including divorce, financial settlements, children proceedings, pre- and post-nuptial agreements, and cohabitation disputes. Her referrals come principally from solicitors, including London-based practices, the local judiciary, and former clients, a pattern that reflects her standing in the field. She has worked on cases involving a terminal health diagnosis and cases in which the opposing party was a specialist family law barrister.
Chambers and Partners ranks Lisa in Band 3 for Family/Matrimonial in the Thames Valley in the UK Guide 2026. She has also been spotlighted specifically for her mediation practice in the Family/Matrimonial Mediators: Thames Valley category. Chambers describes her as “an excellent solicitor who robustly and effectively represents her clients’ interests” and as “incredibly clever” with the ability to “construct cases perfectly”.
Her reported cases include Re R (a child) EWCA Civ 35, in which the Court of Appeal held that a judge had erred by failing to properly evaluate a child’s wishes or to hear evidence from a CAFCASS officer before departing from that officer’s recommendation. She also acted in Scotching and Birch EWHC 844 (Ch), a case concerning burial arrangements and letters of administration following the death of a child; the case has since been cited in several academic papers and journal articles.
Lisa is a member of Resolution and is regulated by the Solicitors Regulation Authority (SRA number: 494434). She can be contacted at lisa@purcellsolicitors.co.uk.
Family Mediation Week 2024
Company News
Family Mediation Week is taking place this year between the 22nd and 26th of January 2024. This is an annual initiative for the mediation community to come together to help raise the profile of family mediation and the benefits this can offer to couples who are experiencing or have experienced family breakdown and have issues that need to be resolved.
The new year typically sees a rise in the number of parents deciding to live apart as the various pressures that go hand-in-hand with the Christmas period can act as the final straw, or as a result of delaying action or a decision until the festive period has passed.
Family Mediation Week is designed to raise awareness of the benefits of family mediation, a process that can help ex-partners agree on what works for them, whilst avoiding an adversarial process such as Court with all the stress, delay and cost it can bring.
When faced with separation often find people in this position simply don’t know which way to turn. The decision to separate brings with it so many tough questions:
- Who lives where?
- What about debts and pensions?
- And even the family dog or cat?
- Where will the children live, and how will we make sure we each spend time with them?
- How will we sort money?
What is Family Mediation?
Family mediation is a process where an independent, professionally-trained mediator helps you work these things out, enabling you to avoid courtroom confrontation. Professional mediators help empower you to create long-term solutions for your particular circumstances, rather than leaving it to a court to make decisions for your family.
What is Family Mediation Week?
Family Mediation Week, organised by the Family Mediation Council which is a not-for-profit organisation whose aim is to promote the use of family mediation for the benefit of the public, shines a helpful spotlight on these tricky issues, offering separating couple’s information about their options as they look to make arrangements for parenting, property and finance.
The Family Mediation Council will be running a series of events for the public during the week including a webinar about how mediation can work with high-conflict personalities.
Further information can be found at Events for the Public – Family Mediation Council.
Talk To Our Expert.
Lisa Buckridge is a Family Mediation Council accredited mediator, solicitor and Director of Purcell Solicitors and offers both face-to-face or online mediation, offering flexibility for your particular circumstances. No separating couple will be the same and Lisa will ensure your mediation is arranged in a way that works best for the people using it and has access to a wealth of additional experts to assist in the mediation process should this be helpful or needed in your particular circumstances.
Purcell Solicitors is also taking part in the Ministry of Justice’s Family Mediation Voucher Scheme, which meets up to £500 of mediation costs for families if they need to discuss arrangements for children. Legal aid also remains available for family mediation – although not offered at Purcell Solicitors, please visit the Family Mediation Council website to find details of mediators who offer legal aid.
Our Latest News
Director – SRA number: 494434
Lisa Buckridge is a Director at Purcell Solicitors and has over 20 years of experience in family law. She qualified in the early 2000s and became a director of the firm in October 2015. She holds accreditation as a Family Mediation Council-accredited Mediator, obtained in 2022, and is one of a small number of lawyer-mediators qualified to carry out Child Inclusive Mediation. She is also a trained collaborative lawyer and hybrid mediator.
Lisa handles the full range of family law matters, including divorce, financial settlements, children proceedings, pre- and post-nuptial agreements, and cohabitation disputes. Her referrals come principally from solicitors, including London-based practices, the local judiciary, and former clients, a pattern that reflects her standing in the field. She has worked on cases involving a terminal health diagnosis and cases in which the opposing party was a specialist family law barrister.
Chambers and Partners ranks Lisa in Band 3 for Family/Matrimonial in the Thames Valley in the UK Guide 2026. She has also been spotlighted specifically for her mediation practice in the Family/Matrimonial Mediators: Thames Valley category. Chambers describes her as “an excellent solicitor who robustly and effectively represents her clients’ interests” and as “incredibly clever” with the ability to “construct cases perfectly”.
Her reported cases include Re R (a child) EWCA Civ 35, in which the Court of Appeal held that a judge had erred by failing to properly evaluate a child’s wishes or to hear evidence from a CAFCASS officer before departing from that officer’s recommendation. She also acted in Scotching and Birch EWHC 844 (Ch), a case concerning burial arrangements and letters of administration following the death of a child; the case has since been cited in several academic papers and journal articles.
Lisa is a member of Resolution and is regulated by the Solicitors Regulation Authority (SRA number: 494434). She can be contacted at lisa@purcellsolicitors.co.uk.
Arbitration… A better way?
Legal Services
When going through divorce or separation, the different routes to a resolution regarding financial or children matters can seem overwhelming and the differences between them insignificant. However, there are a number of different ways in which family law disputes can be resolved, each with its unique benefits and it is worth considering them properly as they may offer a quicker, cheaper or more satisfactory resolution than the alternatives. This blog will explain the process of arbitration, which can be highly effective and convenient and can be used in both disputes relating to finances and private law children matters, such as residence, contact, leave to remove out of the country and change of name.
Arbitration is essentially a ‘private’ Court process. It is a voluntary process, which means both parties have to agree to arbitrate for it to take place. This is unlike the standard Court procedure where one party can apply and the other party is automatically obliged to take part in the process. Once the parties have agreed to arbitrate, the process can only come to an end by both parties agreeing to end the process or the arbitrator stating that the process has ‘broken down’ and cannot proceed.
Once arbitration has been chosen as the parties’ desired route, they will agree to appoint an ‘arbitrator’, who is a suitably qualified individual appointed to act as the ‘Judge’ for their particular case. The decision made by an arbitrator is binding. A party can only dispute the decision if the arbitrator went beyond the powers they have by ordering things they do not have the power to, if there was serious procedural irregularity or the decision raises a question of law in that it misapplied the law or it is outside the very wide discretion that the Court gives a Judge. These are very high hurdles and make it very difficult for anyone to set aside a decision made by an arbitrator.
In summary, the benefits of arbitration are:
- Specialist – choosing to arbitrate means that you get to choose who it is that makes the decision in your case. This means that you can choose a Family Law specialist or someone that has experience in dealing with the particular issue in your case, whereas if you use the Court process you will be left with the Judge who is available on the day, who might not be experienced in family law.
- Speed – the arbitration process is often a lot quicker than going through the Court process as you can arrange hearings around the arbitrator, and your representative’s availability, as opposed to being beholden to the Court’s availability, which is notoriously limited.
- Cheaper – whilst parties engaging in arbitration will have to pay the fee for the arbitrator, arbitration can end up being cheaper than going through the Court due to the efficiency of the arbitration process.
- Tailored – the arbitration process will only gather information and make decisions on those issues which the parties, their legal representatives and the arbitrator agree need to be resolved. This focussed approach is often the reason why those engaging in arbitration spend less than those going through the Court process.
Whilst arbitration may not be suitable for all cases, it is at least worth considering it as an alternative. I am an arbitrator and have also acted as the solicitor for one of the parties in several arbitrations. If you are interested in using arbitration or would like advice about your family law dispute then please contact us on 01908 693000.
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Director – SRA number: 494434
Lisa Buckridge is a Director at Purcell Solicitors and has over 20 years of experience in family law. She qualified in the early 2000s and became a director of the firm in October 2015. She holds accreditation as a Family Mediation Council-accredited Mediator, obtained in 2022, and is one of a small number of lawyer-mediators qualified to carry out Child Inclusive Mediation. She is also a trained collaborative lawyer and hybrid mediator.
Lisa handles the full range of family law matters, including divorce, financial settlements, children proceedings, pre- and post-nuptial agreements, and cohabitation disputes. Her referrals come principally from solicitors, including London-based practices, the local judiciary, and former clients, a pattern that reflects her standing in the field. She has worked on cases involving a terminal health diagnosis and cases in which the opposing party was a specialist family law barrister.
Chambers and Partners ranks Lisa in Band 3 for Family/Matrimonial in the Thames Valley in the UK Guide 2026. She has also been spotlighted specifically for her mediation practice in the Family/Matrimonial Mediators: Thames Valley category. Chambers describes her as “an excellent solicitor who robustly and effectively represents her clients’ interests” and as “incredibly clever” with the ability to “construct cases perfectly”.
Her reported cases include Re R (a child) EWCA Civ 35, in which the Court of Appeal held that a judge had erred by failing to properly evaluate a child’s wishes or to hear evidence from a CAFCASS officer before departing from that officer’s recommendation. She also acted in Scotching and Birch EWHC 844 (Ch), a case concerning burial arrangements and letters of administration following the death of a child; the case has since been cited in several academic papers and journal articles.
Lisa is a member of Resolution and is regulated by the Solicitors Regulation Authority (SRA number: 494434). She can be contacted at lisa@purcellsolicitors.co.uk.