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How Long Does It Take To Get Divorced In England and Wales?
Divorce in England and Wales takes a statutory minimum of 26 weeks from the date of the application to the final order, split across two fixed stages: a 20-week wait before the conditional order can be applied for, followed by a further six weeks and one day before the final order can be made. These waiting periods were introduced by the Divorce, Dissolution and Separation Act 2020 and are designed to give couples a genuine period of reflection before the court moves the case forward, and they can only be shortened in the most exceptional circumstances by order of the court.

Last reviewed: 21st July 2026
Article summary
✓ The statutory minimum for a divorce in England and Wales is 26 weeks: 20 weeks from application to conditional order, plus a further minimum of six weeks before the final order.
✓ In practice, the Ministry of Justice reported that between January and March 2026, the time from the date of application for divorce to the conditional order was 39 weeks. The mean average time from application to final order was 67 weeks. However, these figures relate only to the process of getting divorced, not to how long it takes to reach an agreement on the divorce financial settlement or on arrangements for children. Divorce and financial matters, whilst they are separate processes, should ideally be dealt with together. Advice should be taken as to the interplay between these before any applications are made so that you are informed from the outset.
✓ The most common reason a divorce takes longer than the minimum is that couples are sensibly waiting for finances to be resolved before applying for the final order. This ensures they have the protection of having the legal status of spouse in the event of death whilst they are resolving their financial matters on divorce (inheritance rights, pension benefits etc.).
✓ Court processing times, missing documents, and disputes about money or children all add weeks or months to the timeline.
✓ Staying organised, instructing a solicitor early, and pursuing a financial settlement in parallel can all reduce the overall time.
Introduction
One of the first questions clients ask me is, “How long does it take to get divorced?” The Divorce, Dissolution and Separation Act 2020, which came into force on 6th April 2022, introduced a two-stage timetable for divorce in England and Wales. Twenty weeks must pass from the start of proceedings before the conditional order can be applied for. A further six weeks and one day must then elapse before the final order can be made. Those waiting periods are fixed and can only be reduced in the most exceptional of cases by an Order of the Court.
The 26-week minimum is a floor, not a target. The Ministry of Justice reported that between January and March 2026, the time from the date of divorce application to the conditional order was 39 weeks. The mean average time from application to final order was 67 weeks. However, these figures relate only to the process of getting divorced, not to how long it takes to reach an agreement on the divorce financial settlement or on arrangements for children.
Understanding why the average is so far above the minimum helps couples plan and, where possible, act to close the gap.
This forms part of our wider topic – A Complete Guide to Divorce in England and Wales.
What are the two statutory waiting periods?
The 20-week waiting period runs from the date the court issues the divorce application. It does not begin on the date you complete the form; it begins when the court formally accepts it and issues the case number. After 20 weeks, the applicant can file an application for a conditional order which confirms that they still wish to proceed and that the content of the divorce application remains true. The court does not proceed automatically as an application must be made.
Once the conditional order has been granted (which can take several weeks as it has to be passed to a Judge for consideration), a minimum of six weeks and one day (43 days) must pass before the applicant can apply for the final order. The Matrimonial Causes Act 1973, as amended by the Divorce, Dissolution and Separation Act 2020, provides that the court “must… take the statement [of irretrievable breakdown] to be conclusive evidence that the marriage has broken down irretrievably”, which means the divorce can not be challenged on factual grounds.
If the applicant does not apply for the final order, then the respondent could make an application for the final order three months after the earliest date the applicant can. However, that application is not approved automatically and usually involves a hearing to consider whether to grant.
A respondent to a divorce may, in some circumstances, seek to delay the final order where financial matters remain unsolved by an application to the Court after the conditional order has been made before it is made final. This asks the Court to consider their financial position after divorce. However, those applications are not granted automatically, and the court may still consider that the final order of divorce should be granted in any event.
Why do most divorces take longer than 26 weeks?
The most significant reason divorces run past the statutory minimum is that couples are deliberately waiting until their financial settlement is in place before applying for the final order. In our experience, this is often the best thing to do. Certain pension and inheritance rights belong to a spouse and cease upon the marriage’s end. Applying for the final order before the court approves a consent order can leave one party financially exposed in particular in relation to pensions.
Court processing times are also a factor. Divorce cases are issued and processed centrally, and administrative backlogs can add weeks between each stage. A document submitted promptly may still take time to be processed and returned. Disputes over the financial settlement, particularly those involving property, pensions, or business interests, can add further months. Cases that reach a contested financial remedy hearing can extend well past 18 months.
Children’s matters run on a separate track from the divorce but can influence the overall timescale if they remain unresolved. Parents are expected to consider mediation and other forms of non court dispute resolution before applying to the court for a child arrangement order.
Purcell Solicitors offer full representation but also family mediation and family finance arbitration as a way to help couples resolve matters without the delay of contested court proceedings.
What causes the most avoidable delay?
Several delays are within the parties’ control, including:
✓ The respondent failing to acknowledge service of the divorce petition.
✓ Not making an application for conditional order promptly after the 20-week period expires is a common reason the conditional order is not made for weeks or months beyond the minimum although sometimes there are good tactical reasons to delay. In a joint application, both parties must confirm they wish to proceed; if one party delays, the application sits in limbo unless the application is converted into a sole application.
✓ Difficulties with reaching a financial settlement and either one or both parties not wanting the final order to obtained until settlement is concluded. A typical source of delay for a financial settlement is incomplete financial disclosure. Gathering the necessary documents, including pension valuations and property valuations, takes time and then negotiating a fair settlement. Starting the process of resolving finances at the same time as the divorce application, rather than waiting for the conditional order, is one of the most effective ways to reduce the overall length of the case.
✓ Court listing delays for financial remedy hearings are largely outside the parties’ control if a settlement cannot be reached through negotiation or mediation. Using non-court routes to resolve financial matters, such as family mediation or collaborative law or Arbitration, often resolves matters faster than waiting for a court hearing.
How can you keep a divorce moving?
Instructing a solicitor early helps because they will monitor deadlines and file documents correctly at each stage. Running the financial discussions in parallel with the divorce proceedings, rather than sequentially, removes the most common cause of the gap between the 26-week minimum and the 70-week average. Agreeing on a form of non-court dispute resolution early, whether that is mediation, a private financial dispute resolution hearing or collaborative law, means financial issues can be resolved without the wait for a court listing.
Staying organised matters practically. Gathering payslips, pension statements, mortgage statements and bank records before they are requested saves weeks. Responding promptly to requests from the other party’s solicitor or the court prevents cases from stalling.
Talk to Purcell Solicitors
If you want a clear, honest picture of how long your divorce is likely to take and what you can do to keep things moving, the family law team at Purcell Solicitors will guide you from the very start and answer your questions along the way. Contact the team through the contact page or call +44 (0)1908 693000
Last reviewed: June 2026
Please note this article does not constitute legal advice.
Frequently Asked Questions
Can you speed up a divorce in England?
No, in nearly all cases the two statutory waiting periods cannot be shortened save in the most exceptional of circumstances. If you believe exceptional circumstances may apply, then you should take legal advice as soon as possible.
Does resolving finances make the divorce take longer?
Resolving resolving finances does not usually extend the divorce itself; it extends the time before you apply for the final order. If you obtain the final order but have not resolved financial matters, you will still need to resolve those properly. Delaying the final order is a deliberate choice and can be done by consent or, on occasion, by an Order of the the court. Most solicitors advise against applying for the final order before a financial consent order is in place, because of the pension and inheritance consequences. The divorce proceedings and financial discussions can run concurrently.
Should finances be resolved before the conditional order?
No rule prevents the conditional order from being made and a Conditional Order is required before the Court can approve and finalise a financial settlement by way of an Order. However, most solicitors advise having a financial agreement in place before applying for the final order rather than the conditional order and it is common to seek to agree with the other person not to apply for the final order until financial matters are resolved prior to making the application for a conditional order. The timing matters because certain pension and inheritance rights or land registry protection abilities change once the marriage ends at the final order stage. Purcell Solicitors can advise on the right sequence for your circumstances regarding financial issues in divorce.

Mandi Austin – Director and Family Law Solicitor, SRA number: 260209
Mandi Austin is a Director and Family Law Solicitor at Purcell Solicitors, having joined the firm in September 2005. She qualified as a solicitor in September 2000 and has over 25 years of specialist experience in family law. Her path into law is an instructive one: a lecturer recognised her ability and encouraged her to pursue a law degree, and she has focused on family work ever since.
She advises on the full range of family law matters, including divorce, financial settlements, children proceedings, pre- and post-nuptial agreements, and non-legal aid domestic abuse cases. Mandi holds accreditation as a specialist on the Law Society Family Law Panel and is a trained collaborative lawyer. She has been a member of Resolution throughout her career and served as Treasurer of the local collaborative law group.
Chambers and Partners ranks Mandi in Band 2 for Family/Matrimonial in the Thames Valley in the UK Guide 2026. Peers and clients describe her as “meticulous and very thorough with her preparation,” “incredibly competent,” and “genuinely a delight to work with” who “provides spot-on advice”.
In court, Mandi combines careful preparation with strategic thinking. Her reported cases include Z (Embryo Adoption: Declaration of Non-Parentage) EWFC 68, in which Sir James Munby declared that a married husband who consented to an embryo transfer is the legal father of the resulting child under the Human Fertilisation and Embryology Act 2008. The judgment clarified the legal position for married couples where the husband has no genetic material.
Mandi is regulated by the Solicitors Regulation Authority (SRA number: 260209). She can be contacted at mandi@purcellsolicitors.co.uk.
What is a Conditional Order in a Divorce?
If you have reached the conditional order stage in the divorce process, you are well on your way towards ending your marriage, and it helps to know exactly what this step means. A conditional order is a court document confirming that a judge is satisfied you are entitled to a divorce. It was formerly called the decree nisi. The conditional order does not end the marriage; it is the penultimate step. Under the Divorce, Dissolution and Separation Act 2020, you cannot apply for it until at least 20 weeks have passed from the start of proceedings. At least six further weeks must pass before the applicant in the divorce can apply for the final order which legally dissolves the marriage. The Final Order does not have to be applied for after six weeks and it is recommended you take legal advice as to the timing of an application for a conditional and final order at the outset, in particular if financial matters are unresolved.

Last reviewed: 21st July 2026
Article summary
✓ A conditional order, formerly the decree nisi, is the court’s confirmation that the applicant is entitled to a divorce under the Divorce, Dissolution and Separation Act 2020.
✓ It cannot be applied for until at least 20 weeks after the divorce application is issued, a waiting period built into the legislation.
✓ The conditional order confirms the entitlement to divorce but does not end the marriage; only the final order does.
✓ After the conditional order is made, a minimum of six weeks and one day must pass before either party can apply for the final order. There is no maximum time before you must apply for the final order but if more than 12 months has elapsed you have to apply for permission from the Court to grant “out of time” and explain to the Court the reasons for the delay (typical reasons can be the resolution of financial matters).
Introduction
A conditional order is a feature of the no-fault divorce process in which one or both spouses confirm the marriage has broken down irretrievably, and the court accepts that statement without requiring anyone to prove blame.
Before 6th April 2022, the equivalent document was the decree nisi, under the old fault-based system. The Divorce, Dissolution and Separation Act 2020 renamed and restructured the process.
What does the 20-week wait mean in practice?
The 20-week period runs from the date the court issues the divorce application, not from the date you file it. A judge or court officer must first check and accept the application, and only then does the clock start. The 20 week period can only be shortened in extremely limited and exceptional circumstances and by Order of the Court only. The purpose of the 20 week period is to give both parties a period of reflection before the court takes the next formal step.
Once 20 weeks have passed, the applicant (or both applicants in a joint case) must actively file an application for a conditional order confirming that they wish to continue with the application and the details remain correct before the court considers this. The conditional order is not made automatically. Some couples miss this and find the process stalls simply because no one has submitted the statement. Some people may not want to apply straight away (if for example there are concerns the other person may then seek to apply for the final order before the applicant wishes to). A solicitor quietly keeps that step on the timetable and can advise in relation to any tactical reasons for delay and/or protective measures, so you have one less thing to worry about.
What does the conditional order confirm?
The conditional order confirms that the court is satisfied that the marriage has broken down irretrievably and that the applicant is legally entitled to a divorce. As amended by the Divorce, Dissolution and Separation Act 2020, the Matrimonial Causes Act 1973 now provides that the court must take the statement of irretrievable breakdown to be conclusive evidence that the marriage has broken down irretrievably and make a divorce order.
What the conditional order does not do is equally important. The marriage continues to exist after it is made. Both spouses remain legally married. Neither can remarry. In most cases, a financial settlement should be agreed and approved by the court before applying for the final order. Ending the marriage prematurely can affect pension entitlements and inheritance rights, which is why the gap between the two orders matters.
Can the conditional order be delayed or rescinded?
A conditional order can be delayed at either party’s request, usually to allow more time to resolve finances. Where one party has serious concerns about the process, there are limited grounds on which the order can be challenged, such as a question about the court’s jurisdiction or the validity of the marriage itself. A spouse can no longer simply refuse a divorce on the basis that they do not want one. Since 6th April 2022, the court has treated the statement of irretrievable breakdown as conclusive.
If the divorce application is withdrawn before the conditional order is made, the process stops. After the conditional order, withdrawal becomes more complex. Any decision to pause or halt proceedings should be taken with legal advice, particularly where finances are in progress, since the timing of the conditional order can interact with a divorce financial settlement in ways that are not always obvious.
Talk to Purcell Solicitors
If you are at or approaching the conditional order stage and want to understand what comes next, the family team at Purcell Solicitors will gently walk you through the timetable, the financial considerations and how to keep the process moving, at a pace that suits you. Speak to the team through the contact page or call +44 (0)1908 693000.
Last reviewed: June 2026
Frequently Asked Questions
Is the conditional order the same as being divorced?
No, the conditional order is not the same as being divorced. The conditional order confirms that the applicant is entitled to a divorce, but the marriage continues until the final order is made. A minimum of six weeks and one day must pass after the conditional order before the applicant can apply for the final order (a longer period applies to the respondent to a divorce). Only the final order legally ends the marriage.
Can I remarry after the conditional order is made?
No, remarriage is not possible until the final order has been made. The conditional order leaves the marriage legally intact. Attempting to marry while a previous marriage is still in existence is a criminal offence. Both parties must wait until the final order before either can enter a new legal marriage or civil partnership.
Should finances be resolved before the conditional order?
No rule prevents the conditional order from being made and a Conditional Order is required before the Court can approve and finalise a financial settlement by way of an Order. However, most solicitors advise having a financial agreement in place before applying for the final order rather than the conditional order and it is common to seek to agree with the other person not to apply for the final order until financial matters are resolved prior to making the application for a conditional order. The timing matters because certain pension and inheritance rights or land registry protection abilities change once the marriage ends at the final order stage. Purcell Solicitors can advise on the right sequence for your circumstances regarding financial issues in divorce.

Mandi Austin – Director and Family Law Solicitor, SRA number: 260209
Mandi Austin is a Director and Family Law Solicitor at Purcell Solicitors, having joined the firm in September 2005. She qualified as a solicitor in September 2000 and has over 25 years of specialist experience in family law. Her path into law is an instructive one: a lecturer recognised her ability and encouraged her to pursue a law degree, and she has focused on family work ever since.
She advises on the full range of family law matters, including divorce, financial settlements, children proceedings, pre- and post-nuptial agreements, and non-legal aid domestic abuse cases. Mandi holds accreditation as a specialist on the Law Society Family Law Panel and is a trained collaborative lawyer. She has been a member of Resolution throughout her career and served as Treasurer of the local collaborative law group.
Chambers and Partners ranks Mandi in Band 2 for Family/Matrimonial in the Thames Valley in the UK Guide 2026. Peers and clients describe her as “meticulous and very thorough with her preparation,” “incredibly competent,” and “genuinely a delight to work with” who “provides spot-on advice”.
In court, Mandi combines careful preparation with strategic thinking. Her reported cases include Z (Embryo Adoption: Declaration of Non-Parentage) EWFC 68, in which Sir James Munby declared that a married husband who consented to an embryo transfer is the legal father of the resulting child under the Human Fertilisation and Embryology Act 2008. The judgment clarified the legal position for married couples where the husband has no genetic material.
Mandi is regulated by the Solicitors Regulation Authority (SRA number: 260209). She can be contacted at mandi@purcellsolicitors.co.uk.
What Is A Final Order In Divorce?
Reaching the final order is a significant moment, and it is important to understand what it does before you apply for this. A final order is the court document that legally ends a marriage in England and Wales. Formerly called the decree absolute, it is the last formal step in the divorce process and means you are divorced. The final order can only be applied for once, and at least six weeks and one day must have passed since the conditional order was made for the applicant to apply. From that point, both people are free to remarry. Most couples are advised to have their financial settlement approved by the court before applying, because the final order itself does not resolve money matters and the claims spouses have against each other are not dismissed on divorce – that involves a separate process.

Last reviewed: 21st July 2026
Article summary
✓ The final order, formerly the decree absolute, is the court document that legally ends a marriage under the Divorce, Dissolution and Separation Act 2020.
✓ A minimum of six weeks and one day (43 days) must pass after the conditional order before the final order can be applied for.
✓ Once made, the final order allows both former spouses to remarry or enter a civil partnership.
✓ Applying too early, before finances are resolved, can affect pension entitlements and inheritance rights, and protection for property in the other’s sole name, and may cause significant issues if either of you were to pass away, after the final order was made, but before financial matters and claims are properly resolved.
Introduction
The final order sits at the end of a two-stage process introduced by the Divorce, Dissolution and Separation Act 2020, which came into force on 6th April 2022. The first stage, the conditional order, confirms that entitlement to divorce has been granted. The second stage, the final order, acts on that entitlement and dissolves the marriage. Between the two lies a mandatory waiting period, during which couples can properly resolve their divorce financial settlement by obtaining a financial order approved by the Court. If there are pensions to be shared it is generally advised to further delay obtaining the final order of divorce for a period of time after the financial Order has been made to ensure that pension rights are not lost in the unfortunate event of the death of a spouse between the financial order being approved and the pension company being able to implement the order. It is recommended that you take legal advice as to the timing of applications for the conditional and final order of divorce as early as possible to avoid stress and nasty surprises.
How do you apply for the final order?
Applying for the final order is straightforward once the 43-day waiting period has elapsed. The applicant, or both applicants in a joint case, files an application with the court. There is no hearing if made by the applicant in divorce. The court reviews the application, confirms the conditional order has been made and that the correct time has passed, and then issues the final order. This is typically done within 24 hours of the application.
If the applicant in a sole application does not apply for the final order within 12 months of becoming eligible to do so, the court will want an explanation for the delay before granting it. A declaration confirming why the application was not made earlier will usually be required. For joint applications, either party can apply once the 43-day period has passed.
The respondent to a divorce cannot apply for a further 3 months after the earliest time the applicant can apply -however in those cases typically the Court list this for a hearing as it is not granted automatically and it is recommended that legal advice is taken before any applications by respondents are made.
Why do many couples delay applying for the final order?
Delaying the final order until financial matters on divorce are resolved officially is often the right decision financially. Until the marriage ends, a spouse retains certain rights that disappear once the final order is made. Pension or death-in-service benefits, for example, may be payable to a spouse but not to a former spouse. Intestacy rules under the general law of England and Wales mean a spouse inherits on death without a will, while a former spouse does not. Applying for the final order before those rights are addressed in a financial settlement can leave one party worse off. If the family home is in the name of one spouse the other may lose protection available at the land registry if divorced prior to a settlement being reached. In addition, if there is to be a pension share then typically it is agreed that the final order of divorce is delayed for 28 days after the financial Order is made to prevent potential loss of that pension in the event of death of one of the spouses.
Family lawyers routinely advise clients to secure a court-approved financial agreement, usually a consent order, before applying for the final order. A financial consent order approved by the court binds the parties and prevents either party from bringing future financial claims. Without one, financial claims can be brought long after the marriage ends, even years later. Purcell Solicitors guides clients through this process through its divorce financial settlement service.
What does the final order change legally?
The final order ends the marriage with immediate effect. Both people become former spouses. Each is free to remarry or form a civil partnership.
The financial powers a court holds do not vanish at the final order: a court can still make financial orders after the marriage ends if your financial claims have not been dismissed by a financial order previously. If either party remarries before they resolve financial matters with their former spouse, they may lose the ability to make certain claims. It is important to obtain legal advice prior to remarrying if you have not formally resolved financial matters with your former spouse in order not to prejudice any claims you may be able to make.
The final order is also relevant to a party’s Will. Under section 18A of the Wills Act 1837, once the final order is made, any gift in an existing will to the former spouse takes effect as if the former spouse had died on the date of the order. An appointment of the former spouse as executor is treated the same way. The rest of the will remains valid, so anyone going through a divorce should review their Will once the final order is issued and update it where necessary.
Talk to Purcell Solicitors
If you are ready to apply for the final order, or you want to understand how the timing interacts with your financial settlement, the family team at Purcell Solicitors will help you get the sequence right so you can move forward with confidence. There is no pressure, only clear advice when you need it. Speak to the team through the contact page or call +44 (0)1908 693000.
Last reviewed: June 2026
Frequently Asked Questions
Can I apply for the final order before finances are agreed?
Yes, you can apply for the final order before a financial settlement is in place, but doing so carries real risks. Pension entitlements, home rights over a property in your spouse’s name and certain inheritance rights may be affected. In most cases, a solicitor will advise waiting until a financial consent order has been approved by the court before applying. If there are urgent reasons to end the marriage quickly, those can be weighed against the financial consequences with the help of a family solicitor familiar with financial issues on divorce.
What happens if neither of us applies for the final order?
The conditional order remains in place, and the parties stay legally married. There is no automatic mechanism to progress to the final order; someone must apply. If an application is not made for more than 12 months after the conditional order was granted, an explanation to the court is required.
Does the final order affect my pension?
Yes, the final order can affect pension rights, particularly death-in-service benefits, which are often payable to a spouse but cease to be payable to a former spouse once the final order is made. Pension sharing or earmarking orders should be agreed and included in a consent order before the final order is applied for and it is usually agreed that the final order will be further delayed for a period of time to protect the pension settlement. Purcell Solicitors can advise on the pension, and all other, aspects of a divorce financial settlement before you reach that stage.

Mandi Austin – Director and Family Law Solicitor, SRA number: 260209
Mandi Austin is a Director and Family Law Solicitor at Purcell Solicitors, having joined the firm in September 2005. She qualified as a solicitor in September 2000 and has over 25 years of specialist experience in family law. Her path into law is an instructive one: a lecturer recognised her ability and encouraged her to pursue a law degree, and she has focused on family work ever since.
She advises on the full range of family law matters, including divorce, financial settlements, children proceedings, pre- and post-nuptial agreements, and non-legal aid domestic abuse cases. Mandi holds accreditation as a specialist on the Law Society Family Law Panel and is a trained collaborative lawyer. She has been a member of Resolution throughout her career and served as Treasurer of the local collaborative law group.
Chambers and Partners ranks Mandi in Band 2 for Family/Matrimonial in the Thames Valley in the UK Guide 2026. Peers and clients describe her as “meticulous and very thorough with her preparation,” “incredibly competent,” and “genuinely a delight to work with” who “provides spot-on advice”.
In court, Mandi combines careful preparation with strategic thinking. Her reported cases include Z (Embryo Adoption: Declaration of Non-Parentage) EWFC 68, in which Sir James Munby declared that a married husband who consented to an embryo transfer is the legal father of the resulting child under the Human Fertilisation and Embryology Act 2008. The judgment clarified the legal position for married couples where the husband has no genetic material.
Mandi is regulated by the Solicitors Regulation Authority (SRA number: 260209). She can be contacted at mandi@purcellsolicitors.co.uk.
Your Complete Guide To Divorce In England and Wales
Deciding to divorce is rarely easy, and knowing what comes next can bring real reassurance. Divorce in England and Wales now follows a no-fault process. Since 6th April 2022, one spouse or both together can apply for a divorce by stating that the marriage has broken down irretrievably, and no one has to prove blame. A minimum of 26 weeks runs from the application to the final order: 20 weeks from issue of proceedings before the conditional order can be applied for, then at least six more before the applicant can apply to legally end the marriage by way of the final order of divorce. Money and children are handled separately and finances should be resolved alongside the divorce. Most couples settle those issues outside a courtroom with the right support.

Last reviewed: 21st July 2026
Article summary
✓ No-fault divorce has applied in England and Wales since 6th April 2022 under the Divorce, Dissolution and Separation Act 2020, which removed the need to allege blame.
✓ A divorce takes a statutory minimum of 26 weeks, comprising a 20-week wait before the conditional order and a further six weeks before the final order. In practice it often takes much longer in particular where there are financial matters to resolve.
✓ The legal end of the marriage and the financial settlement are two separate matters, and a final order of divorce does not resolve financial matters or the legal claims spouses have against each other by virtue of their marriage. Financial matters are advised to be resolved alongside the divorce process. Advice should be taken as to the timings of the divorce and the next steps in the divorce process.
✓ A financial settlement only becomes binding when a court approves it as an order. Most couples reach an agreement and apply for a consent order without the need for contested court proceedings or a judicial determination. A final financial settlement order can only be made by the Court provided a conditional order has been granted.
✓ If you cannot agree financial matters you are expected to consider all forms of non-court dispute resolution before applying to court and in most cases are required to attend a MIAM (mediation information assessment meeting) with an independent mediator prior to making an application to Court to ensure you are fully informed.
✓ Arrangements for children are decided by reference to the child’s welfare, and parents are now expected to consider mediation or another out-of-court route before applying to court. Children’s matters are separate to divorce and resolution of financial matters.
Introduction
The latest Ministry of Justice statistics show that between January and March 2026, 28,632 divorce applications were made. This was a 5% decrease from the same quarter in 2025. Behind each of those applications is a person facing one of the most difficult and upsetting situations in life. Thankfully, the law has become a good deal gentler than it once was. For decades, a spouse who wanted a divorce without waiting years had to accuse the other of adultery, unreasonable behaviour, or desertion. Now, divorce in England and Wales is a no-fault procedure governed by the Divorce, Dissolution and Separation Act 2020. One spouse can apply for a divorce alone, or a couple can apply jointly, simply by confirming that the marriage has irretrievably broken down. The court treats that statement as settled, and there is no longer the risk that one spouse will try to stop the divorce because they dispute the grounds. The only challenges that can be made are to the marriage itself (validity) and/or jurisdiction of the Courts of England and Wales to deal with this. A respondent can, in some cases, apply to the court to delay the grant of a final order until financial matters have been resolved.
This article explains how modern divorce works, how long it takes, how money and children fit around it, and where a solicitor can help take the weight off your shoulders. Scotland and Northern Ireland have their own divorce laws, so everything here applies to England and Wales only. This is general information only and should not be construed as legal advice.
How does no-fault divorce work in England and Wales?
No-fault divorce means a spouse, or both spouses together, can end a marriage by stating that it has broken down irretrievably, without blaming anyone. The Divorce, Dissolution and Separation Act 2020 removed the old requirement to rely on adultery, behaviour or separation. The court accepts the statement of breakdown as conclusive, so a divorce cannot be defended by challenge to the grounds.
The change took effect on 6th April 2022 and applies across England and Wales. As the amended Matrimonial Causes Act 1973 now puts it, the court “must take the statement to be conclusive evidence that the marriage has broken down irretrievably”. That single sentence ended a century of fault-based divorce. A respondent can no longer contest the divorce itself, and disputes about money or children are dealt with separately (but financial matters should be resolved alongside the divorce)
Joint applications for divorce are a feature of the new law. When a couple agrees that the marriage is over, they can apply together and move through the process side by side. Among opposite-sex couples divorcing under the new law in 2022, 71.7% applied alone and 28.3% applied jointly (Office for National Statistics, Divorces in England and Wales: 2022).
Many family law solicitors report that the tone of early correspondence has softened as a result of the fault element being removed. A respondent who would once have read a petition listing examples of their behaviour now reads a neutral statement that the marriage has ended. In our experience, this helps make negotiations about money and children easier and calmer because neither person starts from a position of public blame. The reform also closed off the tactic of defending a divorce to delay it, a route that in rare but well-known cases, such as Owens v Owens [2018] UKSC 41, had trapped one spouse in a marriage they wanted to leave.
The statement of irretrievable breakdown is the only ground for divorce. There is no separate list of facts to choose from, no need to wait two or five years of separation, and no requirement to prove anything about the other person’s conduct. The applicant (or applicants) simply confirms the position, and the law treats that confirmation as the end of the question of whether the marriage should continue.
What are the stages of the divorce process?
A divorce moves through three formal stages: the application, the conditional order, and the final order. The applicant files online or on paper and confirms that the marriage has broken down irretrievably. After a fixed waiting period, the applicant can apply to the court for the conditional order. The court then considers the application and determines whether to grant the conditional order and provides a certificate of entitlement. This is normally pronounced a few weeks later (in court but with no attendance required) and the conditional order issued. It is at this point that a judge confirms that the applicant is entitled to a divorce.
Once the conditional order is granted the applicant cannot apply for the final order (which legally ends the marriage) until at least six weeks and one day has passed from the conditional order. In practice this is usually delayed much longer, commonly until financial matters are resolved by way of a sealed order and even longer still if the financial settlement includes a pension share (typically a further delay of 28 days after the financial Order has been made). If the applicant has not applied for the final order until more than 12 months after the conditional order was granted, the applicant needs to confirm the reasons for the delay to the Court and the application is normally granted “out of time” . Applications for final orders are dealt with on paper and it is extremely rare to require attendance at Court hearing if they applied for by the applicant.
The respondent to a divorce can apply for the final order no earlier than three months after the first date the applicant can (so 3 months in addition to the six weeks and one day) however their application is not dealt with in the same way. It typically involves a hearing and as such adds additional time, cost and delay. A respondent can, in some circumstances, apply to delay the grant of the final order until their financial position on divorce has been considered if they have genuine concerns that they would be prejudiced. That application is not automatic and it remains the discretion of the court as to whether to delay the divorce final order or not.
Being upfront as to the timescales for the divorce and where appropriate seeking agreement not to apply for the final order of divorce until financial matters are resolved often saves time and cost, both emotional and financial.
The application opens the case and starts the 20-week clock. The conditional order, once called the decree nisi, confirms entitlement but does not dissolve the marriage. The final order, once called the decree absolute, is the document that ends the marriage and frees both parties to remarry. We explain each step in plain terms through our separation and divorce service.
Two short companion guides go deeper than this overview allows. One explains what a conditional order in divorce is and what it does and does not do. The other sets out the details relating to a final order, including the timing rules and the reasons a couple might delay applying for it.
The divorce application itself asks for limited information: the names and addresses of both spouses, the date and place of the marriage, and confirmation that the court has jurisdiction to deal with the divorce. Jurisdiction usually rests on where one or both spouses are habitually resident or domiciled, and it can matter a great deal in international divorce. Once the application is issued, the court sends it to the respondent, who has 14 days to acknowledge receipt. In a joint application, both spouses are both treated as applicants, and there is no respondent to serve but both have to confirm they wish to proceed. It is possible to convert a joint application into a sole application if one applicant ceases engaging.
After the 20-week reflection period, the applicant confirms to the court that they wish to continue and applies for the conditional order. The court reviews the file and, in a straightforward case, a judge pronounces the conditional order without anyone needing to attend. The final stage is a matter of timing rather than fresh argument. Once six weeks and one day have passed, the applicant may request the final order, and the marriage ends when the court grants it (which is now often on the same day or within 24 hours unless the conditional order was granted over 12 months previously in which case additional questions are required and the Judge has to review).
How long does a divorce take?
When it comes to how long divorce takes, the statutory minimum is 26 weeks, around six months, although in nearly all cases run longer. A 20-week period must pass between the start of proceedings and the conditional order At least six further weeks, 43 days in practice, must pass before the final order can be applied for. The waiting periods are built into the law and cannot be shortened save with an Order of the Court which would only be granted in very rare and exceptional circumstances
The Ministry of Justice reported that between January and March 2026, the time from the date of application for divorce to the conditional order was 39 weeks. The mean average time from application to final order was 67 weeks. However, these figures relate only to the process of getting divorced, not how long it takes to reach an agreement on the divorce financial settlement or arrangements for children which are often key and can delay the divorce much longer especially where there are pension assets to deal with.
Several things lengthen a case in practice. Court processing is centralised, and administrative steps can take weeks longer than expected. Financial disclosure, where each spouse sets out their full financial position, takes time to gather, particularly where there are pensions to value or a business to assess. Reaching agreement on financial matters can take time and should not be rushed due to divorce timescales which are minimums rather than maximums. Where children’s arrangements are contested, those proceedings run in parallel and can absorb months of their own but don’t usually impact on the timings for divorce in the same way that financial matters do unless it is necessary to resolve children matters prior to reaching a financial settlement. The 26-week floor in divorce is genuinely a floor and it is very rare a divorce would be concluded in that timescale. The gap between it and the 70-week average is mostly made up of the work that surrounds the divorce rather than the divorce itself.
There are sensible reasons to take the timetable slowly. A couple who rush to the final order before the money is sorted can lose the protection that comes with being married whilst they are resolving finances. They may find that bringing a financial claim is harder once the marriage has ended (delay can harm later applications and re-marriage can cause most claims to be lost). Most couples are better served by treating the 26-week minimum as the shortest period possible and allowing the financial settlement the time it needs.
A final financial order can only be made by the Court if a divorce has reached the conditional order stage (or further). Whilst the divorce and financial proceedings are separate – they are linked and if you are doing a divorce yourself it is strongly recommended you take legal advice as to the timing of the divorce to avoid encountering any unforeseen difficulties which could have been avoided at the outset.
For more information on how long your divorce may take, please read our article.
How is money divided in a divorce?
Money is dealt with separately from the divorce itself, and a final order of divorce does not settle finances. A financial settlement covers property, pensions, savings, income and debts. A court weighs the factors in section 25 of the Matrimonial Causes Act 1973, including each person’s needs, the length of the marriage, and the welfare of any children, before deciding what is fair and deals with the legal claims arising from the marriage (e.g. whether to dismiss these – known as a clean break -or not)
The reassuring news is that most couples never need a judge to impose a solution. They negotiate, often through themselves, solicitors or mediation, and then ask the court to approve their agreement as a consent order. That order makes the settlement binding and final. Without an Order in place, a former spouse can bring a financial claim years later, even after the divorce is complete. Our divorce financial settlement service ensures that our clients are advised and supported throughout this entire process.
What does a fair financial settlement actually involve?
A fair financial settlement is one which should meet both people’s needs where possible and takes into account principles such as needs, sharing (which applies to matrimonial assets) and compensation. In England and Wales the law is discretionary and this allows for bespoke solutions that work for your family, A fair settlement for one couple may not be a fair settlement for another The outcome reflects your particular circumstances and takes into account the factors Parliament set out in section 25 of the Matrimonial Causes Act 1973 including the need where possible to have a clean break (which means a dismissal of the claims arising from marriage). Those factors (known as the Section 25 factors) include income and earning capacity, financial needs and obligations, the standard of living enjoyed during the marriage, the ages of the parties and the length of the marriage, any physical or mental disability, and the contributions each made, including looking after the home and raising children. The first consideration is always the welfare of any child of the family under eighteen.
Full and honest financial disclosure comes before any sensible negotiation as it is only once you are fully informed that you can make decisions as to how to settle your financial assets and claims. Each spouse sets out their income, property, pensions, savings, investments, business interests and debts, usually on a standard financial statement supported by documents (known as a Form E). The duty to disclose continues and applies whether the couple settles by agreement themselves, are at mediation, through solicitor negotiations or has a decision imposed (By Arbitration or Court. A settlement built on incomplete or misleading disclosure can be reopened later, so getting the disclosure right protects the agreement as much as it protects the other spouse.
Pensions are often the most valuable asset after the family home, and they are easy to underestimate. A court can share a pension, order that part of it be earmarked (rare in modern times), or offset its value against other assets. Valuing a pension fairly usually requires a specialist actuarial report, particularly with final-salary schemes, where the cash-equivalent value can understate the true value of the benefit or where there are several valuable schemes and the parties may be approaching retirement The treatment of the family home, business assets and any inheritance or pre-marital wealth all turn on the specific facts, which is why early advice on financial issues on divorce often saves money and stress in the long run. Financial matters on divorce often represent the biggest monetary decision people make in their lifetime. Therefore, it is important to get expert legal advice and understand all your options.
If a couple do not wish to make any claims against each other, and have either agreed what will happen to their assets or have no assets to resolve, it is advised that they should still have an order which formally records their agreement and dismisses their respective claims as without an order in place their claims stay open and can be pursued many years into the future post divorce if circumstances warrant it.
What happens to arrangements for children?
Arrangements for children are decided by reference to the child’s welfare, which the court treats as the most important consideration – the question is what is in the child’s best interests. Parents are encouraged to agree on where the children live and how they spend time with each parent, often through a parenting plan either agreed directly or with the aid of a trained independent mediator where appropriate. The court only imposes a child arrangements order where parents cannot agree, and it expects them to consider other forms of non-Court dispute resolution.
Children’s matters run on a separate track from the divorce and the money. Parents are encouraged to reach agreements directly -who best to decide than you as the parents. If you cannot agree there are many options for help to agree – negotiation through solicitors, mediation, collaborative law, early neutral evaluation – or formal processes where decisions can be imposed including Arbitration or Court. A parent who applies to court for a child arrangement order must usually first attend a Mediation Information and Assessment Meeting under section 10 of the Children and Families Act 2014, unless an exemption applies, such as domestic abuse. The Court now have wider powers to scrutinise at every hearing why parents are not considering use of other forms of non-court dispute resolution. The aim is to shield children from an adversarial process wherever it is safe to do so, and in our experience, most parents find that reassuring. I also find that, when done well, the mediation process often helps couples learn to communicate better, providing a positive foundation for moving forward with co-parenting.
Mediation is a unique process designed to ensure control of the outcome remains with you as parents but aided by an independent, trained, neutral third party to provide a safe space (whether virtual or face to face) to have the tough discussions and work through, together, what would be best for your children.
Where appropriate in mediation consideration can be had to a process known as child inclusive mediation (typically children over the age of 10 and where it is safe to do so), which would enable children to meet with a specialist trained mediator to have a confidential, safe meeting where they can express their wishes and feelings and what they may be feeling. Agreed feedback is then given to the parents who use this to assist in their discussions moving forward. It remains for the parents, not children, to make decisions and the children would not be asked any specific questions to determine any disputes (e.g. they would not be asked who they would want to live with etc) but it can be a vital, and unique, opportunity for the children themselves to feel they have a voice in a process which is happening to them as well as the parents. Careful assessment as to suitability is had.
If sadly parents do reach the court or Arbitration for a decision to be imposed, the welfare checklist guides the decision. The court considers the child’s wishes and feelings in light of their age and understanding, their physical, emotional, and educational needs, the likely effect of any change, and any risk of harm. The court currently starts from the position that a child usually benefits from a relationship with both parents, provided it is safe to do so. Many parents find that a written parenting plan, agreed through mediation or with the help of solicitors, provides sufficient structure without the need for a court order and in English law there is a principle of no order meaning that unless it is necessary for the child there would not be orders made.
How can couples settle without going to court?
Most couples now resolve divorce finances and child arrangements without a contested final hearing, using non-court dispute resolution. The Family Procedure Rules define it as methods of resolving a dispute other than through the court, including mediation, arbitration, neutral evaluation and collaborative law. Since 29th April 2024, the court has actively encouraged these routes and treats an unjustified refusal as relevant to costs in some cases. The Court have the power to adjourn proceedings if they consider that people have not properly contemplated non-court dispute resolution. At each hearing the Court expect to hear why it is not appropriate.
The change came through the Family Procedure (Amendment No. 2) Rules 2023, in force from 29th April 2024. Practice Direction 3A confirms that “the court does have a duty to consider, at every stage in proceedings, whether non-court dispute resolution is appropriate” (Practice Direction 3A, Courts and Tribunals Judiciary).
The options differ in terms of cost, speed, and who makes the final decision.
| Route | Who decides | Binding outcome | Typical use |
| Mediation | The couple, helped by a mediator | No, until made into an open legal document (such as a consent order)– mediation outcomes are legally privileged | Couples who can communicate; finances and/or children arrangements |
| Collaborative law | The couple, with their solicitors | No, until made into a consent order | Couples wanting legal support in the room and for solicitors to be actively involved and negotiate with them |
| Arbitration | An appointed arbitrator | Yes, the award enforced by court | Couples wanting a private, final decision without court delay |
| Private FDR | The couple, after a neutral evaluation giving a non binding expert opinion | No, but guides settlement | Financial disputes that want to settle but have stalled or those wanting to test the strength of a position |
What changes the day the marriage legally ends?
The final order changes your legal status and, with it, several rights that depend on being married. From the moment the final order is made, both people are free to remarry or form a civil partnership. The marriage no longer exists, and the protections it afforded for example on death fall away. A spouse who would have inherited automatically under the intestacy rules no longer does. A spouse living in the family home which is owned in the other spouse’s sole name has home rights (to protect rights of occupation and notify third parties of their interest) by virtue of their marriage which can be protected at the land registry but those can be removed once the marriage has been ended, A gift to a former spouse in an existing will is treated under section 18A of the Wills Act 1837 as if the former spouse had died on the date of the order, so reviewing your will at this point is sensible.
However the financial relationship between the former spouses does not end with the marriage being dissolved unless a separate court order says so (or in some cases on subsequent remarriage). A sealed financial order, usually a consent order, is what draws a line under future claims, and a clean-break order ends the right of either person to bring a fresh claim against the other. Without that order, claims can survive for years. The day-to-day arrangements for children continue under whatever plan or order is in place, and either parent can ask the court to revisit those arrangements if circumstances change as they are separate to your marital status
Updating the practical details often gets overlooked in the relief of finishing the divorce process Bank accounts, mortgages, tenancy agreements, pension nominations, life insurance beneficiaries and emergency contacts may all need to change.
How do you start the divorce process well?
Starting well means getting clear, kind advice before you make any irreversible move. A first conversation with a family law solicitor lets you understand your position, the likely shape of a settlement, and the sensible order in which to take each step, all before an application is filed. I find that clients often arrive at that first meeting feeling overwhelmed and leave feeling calmer, simply because someone has explained what happens and reassured them they have options. Early advice is valuable in all cases but in particular where there are children, pensions, a business, property abroad, or any concern about how assets are being handled.
Talk to Purcell Solicitors
If you are thinking about divorce, or you have received an application and want to understand what happens next, the family team at Purcell Solicitors will listen first and then talk you through your options clearly, in plain English and without pressure. You do not have to face this alone, and there is no obligation in simply asking. You can arrange a conversation through the contact page or call +44 (0)1908 693000.
Last reviewed: June 2026
Please note that this article does not constitute legal advice.
Frequently Asked Questions
Can my spouse refuse to agree to a divorce?
No, a spouse cannot refuse a divorce under the current law in England and Wales just because they don’t want a divorce. Since 6th April 2022, the court has treated a statement that the marriage has broken down irretrievably as conclusive. A respondent can dispute the divorce only on limited technical grounds, such as the validity of the marriage or the court’s jurisdiction, not on the basis that they want to stay married.
Do I need a solicitor to get divorced?
No, a solicitor is not legally required to obtain a divorce, and the divorce application itself is straightforward for many people. A solicitor becomes valuable in advising in relation to timescales for the divorce (when and when not to apply for the conditional or final order) and when finances, pensions, a business, or children are involved, because the financial settlement is separate from the divorce and mistakes can be costly and hard to undo and often cost more to resolve later down the line than being fully informed from the outset.
Does the final order sort out our finances?
No, the final order ends the marriage but does not resolve the money issues. Financial claims survive a divorce unless a court order dismisses them. A former spouse can bring a claim years later if no consent order or court order was made although some, but not all, claims are lost if they have subsequently remarried. This is why settling finances and obtaining a sealed order matters as much, if not more, than the divorce itself.
How much does a divorce cost?
The government sets the court fee for a divorce application in England and Wales, and legal costs depend on whether finances and children are disputed. An uncontested divorce with an agreed financial settlement costs far less than a case that goes to a contested hearing. We set out our approach to fees on its pricing page.
What is the difference between a conditional order and a final order?
A conditional order confirms that the applicant is entitled to a divorce, while the final order legally ends the marriage. The conditional order comes first, no earlier than 20 weeks after the application. The final order follows a minimum of six weeks later, and often much later than this. Only the final order allows either person to remarry.

Mandi Austin – Director and Family Law Solicitor, SRA number: 260209
Mandi Austin is a Director and Family Law Solicitor at Purcell Solicitors, having joined the firm in September 2005. She qualified as a solicitor in September 2000 and has over 25 years of specialist experience in family law. Her path into law is an instructive one: a lecturer recognised her ability and encouraged her to pursue a law degree, and she has focused on family work ever since.
She advises on the full range of family law matters, including divorce, financial settlements, children proceedings, pre- and post-nuptial agreements, and non-legal aid domestic abuse cases. Mandi holds accreditation as a specialist on the Law Society Family Law Panel and is a trained collaborative lawyer. She has been a member of Resolution throughout her career and served as Treasurer of the local collaborative law group.
Chambers and Partners ranks Mandi in Band 2 for Family/Matrimonial in the Thames Valley in the UK Guide 2026. Peers and clients describe her as “meticulous and very thorough with her preparation,” “incredibly competent,” and “genuinely a delight to work with” who “provides spot-on advice”.
In court, Mandi combines careful preparation with strategic thinking. Her reported cases include Z (Embryo Adoption: Declaration of Non-Parentage) EWFC 68, in which Sir James Munby declared that a married husband who consented to an embryo transfer is the legal father of the resulting child under the Human Fertilisation and Embryology Act 2008. The judgment clarified the legal position for married couples where the husband has no genetic material.
Mandi is regulated by the Solicitors Regulation Authority (SRA number: 260209). She can be contacted at mandi@purcellsolicitors.co.uk.
Can I Move Away with my Children After Separation?
Article Summary
- Moving within England and Wales does not automatically require court permission, however, you may need the other parents’ written consent (and any other party with parental responsibility) depending on the distance. If the move would disrupt an existing Child Arrangements Order or require a school change, you need the other parent’s written consent (and any other party with parental responsibility) or a court order first.
- It is crucial to consider how a move with children separation can affect existing arrangements and relationships.
- Taking a child abroad permanently without the written consent of everyone with parental responsibility, or without a court order, is a criminal offence under the Child Abduction Act 1984, carrying a sentence of up to seven years’ imprisonment.
- In any relocation application, the child’s welfare is the court’s paramount consideration under section 1(1) of the Children Act 1989. There is no presumption in favour of either parent.
- The 1980 Hague Convention on the Civil Aspects of International Child Abduction allows a parent to apply for the return of a child wrongfully removed to a signatory country. Where the destination country has not signed the Convention, return of the child becomes significantly harder.
- Courts take a dim view of parents who relocate without consent and then seek retrospective approval. Early legal advice, before any move is made, is strongly advisable.

Whether you can move away with your children after separation turns on where you want to go and what child arrangements are currently in place between you and the other parent. A move from Birmingham to Bristol raises different legal questions than a move from Birmingham to Brisbane, and the consequences of getting either wrong can be serious for everyone and negatively impact your child’s wellbeing. Therefore, it is crucial to seek legal advice from an experienced Family Law Solicitor before you make any decisions.
You may have legitimate reasons for moving. For example, you want to move closer to your family and friends elsewhere in the country, take up new employment, or simply rebuild your life in a different place. The law in England and Wales does not prevent a parent from moving; however, it requires, in certain circumstances, that the move be agreed to or authorised before it occurs.
Purcell Solicitors’ family team regularly advises on both domestic and international cases. Below is a brief guide to the law around moving away with your children after you separate or divorce.
The law around relocating with your children after separation or divorce
The starting point is section 1(1) of the Children Act 1989, which provides that the welfare of the child is the court’s paramount consideration whenever a question arises about a child’s upbringing. That principle applies to every relocation dispute, however far or however local the proposed move may be.
Where a Child Arrangements Order specifying with whom the child lives is already in force, section 13 of the Children Act 1989 provides that no person may remove the child from the United Kingdom without the written consent of everyone with parental responsibility, or the court’s permission. A narrow exception exists: the parent with whom the child lives (ie. has a ‘lives with order’) under the order may take the child abroad for up to one month without consent, provided the trip does not breach any other term of the order.
For international moves, the Child Abduction Act 1984, section 1 provides that a person connected with a child under 16 commits an offence by taking or sending that child out of the United Kingdom without the appropriate consent. The sentence is up to seven years’ imprisonment. Prosecutions do occur, and the offence can be committed even where the parent acting believes the move is in the child’s interests.
Moving Within England and Wales
A local move that leaves the existing school run and contact pattern/living arrangement with the other parent intact and no disruption is unlikely to require any formal process. A move from Cardiff to Newcastle is a different matter: contact arrangements would change substantially, and the other parent may well object. In those circumstances, the moving parent should seek the other parent’s written consent before proceeding. If consent is refused, the correct course is to apply to the Family Court for a Specific Issue Order under section 8 of the Children Act 1989. The parent opposing the move can apply for a Prohibited Steps Order to prevent relocation pending a final hearing.
There is also a practical point that catches some parents off guard. Changing a child’s school requires the consent of all those with parental responsibility. A parent who relocates unilaterally and attempts to enrol their child in a new school without the other parent’s agreement is likely to find the admission process becomes the flashpoint for formal proceedings.
The court’s approach to domestic relocation was confirmed in Re F (Children) [2010] EWCA Civ 1428, where Lord Justice Wilson held that section 1(1) welfare paramountcy governs internal relocation cases in exactly the same way as international ones, with no starting presumption in favour of either parent. K v K (Relocation: Shared Care Arrangement) [2011] EWCA Civ 793 put the matter even more plainly. Lord Justice Thorpe described the child’s welfare as “the only authentic principle” running through the entire line of relocation authorities, adding that there is no presumption that a primary carer’s reasonable relocation plans will be approved unless there is a compelling reason to the contrary. Both cases remain the foundation for deciding domestic relocation applications. The court continues to examine relocation proposals with close attention to evidence. In the recent case of Re K (Internal Relocation) [2025] EWFC 285 (B) a mother made an application for permission to move a modest distance with her 3 year old son to north west England from Nottingham and the application was refused with the Judge describing the mother’s expectations as “idealistic”.
Moving Abroad with your Child
International relocation carries greater legal complexity and higher stakes. A parent who removes a child from the UK without permission commits a criminal offence, faces urgent return proceedings, and risks long-term damage to their relationship with both the child and the courts.
Before any application is made, the moving parent must seek the written agreement of every other person with parental responsibility. If agreement is reached, it should be reflected in a Consent Order, so that the revised arrangements for the other parent’s time with the children are enforceable if problems arise later. If agreement cannot be reached, an application for a Specific Issue Order or leave to remove under section 13 of the Children Act 1989 is the only lawful route forward.
The leading authority on international relocation is Re F (A Child) (International Relocation Cases) [2015] EWCA Civ 882. The Court of Appeal held that excessive reliance on the earlier checklist in Payne v Payne [2001] EWCA Civ 166 constitutes an error of law. Both parents’ proposals must be analysed side by side through a holistic welfare assessment, and the fact that a relocation plan is genuine and well-considered does not mean it will be approved. The father’s appeal was allowed, and the matter remitted for a full rehearing on that basis.
Courts considering an international relocation application look closely at: the child’s current and proposed schooling; housing in the destination country; the applying parent’s employment and finances; the support network available to the child after the move; a funded and realistic contact plan for the other parent, including who pays for travel; and the impact on the child’s existing relationships. A vague proposal will not do. Courts that refuse permission frequently point to a lack of concrete planning as the deciding factor. In the recent case of Re O (Domestic Abuse: International Relocation) [2025] EWCA Civ 888 the mother sought to relocate to the UAE with her two children. There had been serious findings of domestic abuse and the Court accepted that remaining in England exposed the mother and children to ongoing emotional harm and instability. The Court granted permission for the mother and two children to relocate. Whilst the father appealed this decision, the Court of Appeal upheld the High Court judge’s decision and dismissed the father’s appeal so mother and the children were able to relocate to a non-Hague Convention county as mother had provided significant evidence and researched thoroughly providing a detailed plan for her and the children.
Recent case law reaffirms that relocation cases, whether internal or external (international), demand careful evidence which is often complex and can ultimately make the difference in the final decision which can have a significant impact on a child’s future.
The Hague Convention and Wrongful Removal
The 1980 Hague Convention on the Civil Aspects of International Child Abduction operates on the principle that disputes about where a child should live ought to be resolved by the courts of the country where the child was habitually resident before the removal, not by the courts of the country to which they have been taken. Where a child has already been removed without consent, the Convention provides a summary procedure for securing their return.
A parent whose child has been wrongfully removed to a Convention signatory state can apply to the Central Authority in England, the International Child Abduction and Contact Unit for return proceedings. Signatory states are required to act within six weeks. The defences available to the removing parent are deliberately narrow: they include grave risk of physical or psychological harm to the child under Article 13(b), the child’s own objections where they have reached sufficient age and maturity, and, if proceedings are not started within a year, evidence of settled life in the new country. Courts apply all three defences restrictively.
Where the destination is a country that has not signed the Convention, or one whose accession the UK has not formally accepted, matters can become much more complicated. Countries including Afghanistan, the UAE, Egypt, and India are examples of where. the parent left behind has no automatic right to a summary return hearing. They must pursue proceedings under the foreign country’s own domestic law, frequently at considerable expense and with no guarantee of a result. Purcell Solicitors’ family team can advise on urgent steps to take if a removal to a non-Hague country is feared.
A parent concerned about unlawful removal has several immediate options: applying for a Prohibited Steps Order, seeking a port alert from the police (which remains active for 28 days and creates time to obtain a court order), or applying to His Majesty’s Passport Office to prevent a new British passport being issued to the child without their consent. All of these can be applied for without giving the other parent advance notice, where urgency requires it.
Practical Steps for Parents
Whether you want to move or fear being the parent left behind, in our experience, the courts respond better to parents who have approached the situation thoughtfully and communicated in good faith. Parents who move first and seek approval afterwards face an uphill battle. The cases show it repeatedly.
For parents planning to relocate, the following steps reflect what courts expect and what good legal practice requires:
- Raise the proposal with the other parent as early as possible, in writing, and give them a reasonable opportunity to respond. Silence does not constitute consent.
- Explore non-court dispute resolution before issuing proceedings. Mediation is ordinarily required before a court application can be made, and a skilled mediator can help both parents centre the discussion on the child rather than on their own positions.
- If the proposed move is international, prepare a detailed relocation plan covering schooling, accommodation, the financial basis for the move, your support network in the destination country, and a concrete proposal for the other parent’s contact with the child, specifying who will meet the cost of travel.
- Do not book flights, give notice on a tenancy, or tell the children about the move until you have written consent or a court order. Acting prematurely creates pressure, accelerates conflict, and courts treat it as evidence of presuming permission will be granted and is not favoured by the Courts and could impact on the decision they ultimately make.
- If consent is withheld and you believe the move is in the child’s best interests, apply to the court for a Specific Issue Order. Do not go without one.
- If you are the parent opposing a move, apply for a Prohibited Steps Order without delay. Delay affects the court’s view of your position and, in international cases, can complicate or prevent the child’s return.
Relocation cases are among the most fact-sensitive in family law. The outcome depends on the child’s age, their relationship with each parent, the realism of the contact proposals after any move, and the court’s assessment of each parent’s motivation. A case that looks straightforward at the outset can quickly become contested. Specialist legal advice, obtained before any step is taken, makes a material difference and protects the welfare of any children involved.
This article is for general informational purposes only and does not constitute legal advice. If you are considering relocating with your children, or are concerned that the other parent may do so, you should take specialist legal advice based on the facts of your case. Purcell Solicitors is a specialist family law firm with extensive experience in child relocation and child abduction cases, both within the UK and internationally.
Do I need the other parent's permission to move to a different city in the UK?
Not always, but the answer depends on the circumstances of your case. If the move would affect the child’s school or disrupt an existing Child Arrangements Order, you need either written consent or a court order before you go. Where there is no order in place, and the move leaves existing contact arrangements materially undisturbed and there is no real change to the existing arrangements concerning the child, no formal permission is required. A unilateral move that significantly reduces the other parent’s time with the children and changing the child’s arrangements can, however, prompt an urgent application to court, and the court will scrutinise the decision carefully.
What happens if I take my child abroad without permission?
Removing a child from the UK without the consent of everyone with parental responsibility, or without a court order, is a criminal offence under section 1 of the Child Abduction Act 1984, carrying a sentence of up to seven years’ imprisonment. In parallel, the parent left behind can apply for the child’s return through the Hague Convention if the destination country is a signatory, or through diplomatic and legal channels if it is not. Criminal and civil proceedings can run concurrently.
Can a court refuse permission to relocate abroad with the children?
Yes, and it does so regularly. Since Re F (A Child) (International Relocation Cases) [2015] EWCA Civ 882, the court applies a pure welfare analysis with no presumption in the applicant’s favour. Where the court concludes that remaining in England and Wales better serves the child’s interests, or that the other parent’s counter-proposals are preferable, permission is refused. The detail and credibility of the applicant’s relocation plan, and the prospects for the child maintaining a meaningful relationship with the other parent, are usually the factors that determine the outcome.
Does the 28-day rule mean I can take my child on holiday without telling the other parent?
No. The provision in section 13(2) of the Children Act 1989 does not remove the obligation to inform the other parent. It simply means that a parent named in a Child Arrangements Order as the person with whom the child lives does not need formal consent for trips of less than a month. Best practice, and what courts expect, is that you notify the other parent of your plans in advance, provide itinerary details, and ensure the trip does not breach any other term of the order. Failing to do so can lead to an emergency application by the other parent.
What is the Hague Convention, and does it guarantee my child's return?
The 1980 Hague Convention on the Civil Aspects of International Child Abduction is a treaty between over 100 countries, including the UK, that allows a parent to apply for the return of a child wrongfully removed to a signatory state. Return is not guaranteed: the removing parent can rely on the grave risk defence under Article 13(b), the child’s own objections if they are of sufficient age and maturity, or evidence of settled life in the new country if more than a year has passed since the removal. Courts in signatory states apply these defences narrowly, but they are used successfully in some cases. Where the destination country is not a signatory, there is no summary return procedure and recovery is considerably more difficult.

Mandi Austin – Director and Family Law Solicitor, SRA number: 260209
Mandi Austin is a Director and Family Law Solicitor at Purcell Solicitors, having joined the firm in September 2005. She qualified as a solicitor in September 2000 and has over 25 years of specialist experience in family law. Her path into law is an instructive one: a lecturer recognised her ability and encouraged her to pursue a law degree, and she has focused on family work ever since.
She advises on the full range of family law matters, including divorce, financial settlements, children proceedings, pre- and post-nuptial agreements, and non-legal aid domestic abuse cases. Mandi holds accreditation as a specialist on the Law Society Family Law Panel and is a trained collaborative lawyer. She has been a member of Resolution throughout her career and served as Treasurer of the local collaborative law group.
Chambers and Partners ranks Mandi in Band 2 for Family/Matrimonial in the Thames Valley in the UK Guide 2026. Peers and clients describe her as “meticulous and very thorough with her preparation,” “incredibly competent,” and “genuinely a delight to work with” who “provides spot-on advice”.
In court, Mandi combines careful preparation with strategic thinking. Her reported cases include Z (Embryo Adoption: Declaration of Non-Parentage) EWFC 68, in which Sir James Munby declared that a married husband who consented to an embryo transfer is the legal father of the resulting child under the Human Fertilisation and Embryology Act 2008. The judgment clarified the legal position for married couples where the husband has no genetic material.
Mandi is regulated by the Solicitors Regulation Authority (SRA number: 260209). She can be contacted at mandi@purcellsolicitors.co.uk.
Thinking About Divorce? How courts decide divorce settlements in 2026
Article Summary
- The Supreme Court has clarified pre-marital wealth rules. In Standish v Standish [2025] UKSC 26, the Supreme Court ruled that assets brought into a marriage do not automatically become shared matrimonial property. The sharing principle applies only to wealth built during the marriage. This landmark decision means couples with significant pre-marital assets should take specialist advice and document their intentions clearly in a pre-nuptial agreement.
- Equal sharing remains the starting point in long marriages. The High Court case of ED v AP [2025] EWFC 399 involved a 28-year marriage with assets exceeding £10 million. The wife was awarded the family home plus a substantial lump sum, illustrating that courts will divide wealth accumulated during the marriage on a broadly equal basis, with particular weight given to housing needs and the contributions of a homemaking spouse.
- Major government reform is on the way. In November 2025, the government announced its most significant consultation on family law since the 1970s. Issues under review include legally binding pre-nuptial agreements, rights for cohabiting couples, and protection for domestic abuse victims in financial proceedings. Legislation could follow as early as 2027 or 2028.
- The family courts are under severe strain. Average waiting times from application to final order reached 74 weeks in early 2025. Financial remedy applications rose 66% in 2024, and sitting days are being cut due to a shortage of judges. Couples face prolonged uncertainty as the system struggles to keep pace with demand.
- A two-tier justice system is emerging. Wealthier couples are increasingly bypassing the public courts in favour of private Financial Dispute Resolution hearings and arbitration, where a specialist (often a senior barrister or retired judge) provides a faster resolution for a fee. Legal experts warn this creates a system in which speed and flexibility are available only to those who can afford them.
![Standish v Standish [2025] UKSC 26 How courts decide divorce settlements in 2026](https://www.purcellsolicitors.co.uk/wp-content/uploads/Mandi-LinkedIn-Image-12-January.png)
The law moves slowly. For decades, couples in England and Wales have managed divorce financial settlements with the same basic rulebook, a dusty tome from 1973, in the form of the Matrimonial Causes Act, that predates smartphones, the internet, and modern ideas about partnership. Goodness, in the UK at least, second-wave feminism was just kicking off!
However, in 2025, family law began to shift. The Supreme Court handed down a judgment that rewrote the rules on pre-marital wealth. A High Court judge made an award that showed how far equality has come. The government announced reforms that could fundamentally change cohabitation law. And behind it all, the court system itself started to buckle, pushing couples toward private solutions that only the wealthy can afford.
This is the story of a legal system in transition, told through the cases that define it and the policies that will shape it for years to come.
How courts decide divorce settlements in 2026
The £77 Million Question
Standish v Standish [2025] UKSC 26
When the Standish family arranged their finances, they had no idea they were setting up a legal test case that would echo through every divorce court in the land. The husband had transferred £77 million into trusts before marriage, a move designed for tax planning rather than matrimonial sharing. Years later, when the marriage ended, his wife argued that this wealth had become part of their shared life.
The Supreme Court disagreed.
In July 2025, the justices delivered a judgment that brought welcome clarity to a murky area of law. They ruled that assets brought into marriage do not automatically become shared property. The sharing principle, they explained, applies only to what a couple builds together. Pre-marital wealth remains separate unless there is clear evidence that both parties intended to treat it as joint.
Lord Justice Moylan explained:
In my view, it is clearly established that, in the application of the sharing principle, the source of an asset is the critical factor and not title. It can be seen from the cases cited above that title does not feature as a significant factor in contrast to the “source” of an asset which features prominently in explaining the court’s approach to the application of the sharing principle and, in particular, the different approach to an asset which is the product of the parties’ endeavours, namely matrimonial property, and property which is not. As submitted by Mr Bishop, the sharing principle is founded or based on each party, in accordance with the objectives of fairness, equality and non-discrimination, being entitled to an equal share of their matrimonial property, namely the “fruits of the partnership” or the wealth built up by the parties’ endeavours during the marriage.
Following the decision in Standish, Family Law Solicitors must advise clients bringing independent wealth into a marriage to explicitly document their intentions on whether the assets should be viewed as matrimonial property in the Pre-Nuptial Agreement. And financially weaker spouses looking to claim 50% or more of non-matrimonial property will need to be given a realistic picture of the portion they are likely to be able to claim.
A Home and £3.4 Million
While the Supreme Court clarified the rules on old money, the High Court showed how the system treats wealth accumulated during marriage. The case of ED v AP [2025] EWFC 399 involved a couple who had spent 28 years together, raising four children and building assets worth over £10 million.
His Honour Judge Edward Hess faced a familiar question: how do you divide a life? His answer reflected modern expectations of equality. He awarded the wife the family home, valued at nearly £7 million, plus a lump sum of £3.4 million. He gave her half of the future payments from two funds and a third from a third fund, reasoning that this portion reflected work done before and after separation. He ordered her to take responsibility for 35% of the loans secured against the family home.
The judgment mattered not for its novelty but for its scale. It showed that in long marriages, the starting point remains equal sharing. It demonstrated that courts will make complex orders dividing future assets to achieve fairness. And it confirmed that housing needs carry particular weight, especially for the partner who made the home their domain.
The Government Wakes Up
On 10 November 2025, Baroness Levitt KC stood in Parliament and announced something Family Law Solicitors had waited years to hear. The government would launch a comprehensive consultation on family law reform, the most significant since the 1970s.
The consultation will tackle questions that have troubled judges and couples for decades. Should pre-nuptial agreements be legally binding? How should the law treat cohabiting couples, who currently have no automatic rights? How can the system better protect victims of domestic abuse in financial proceedings? And how can we reduce the uncertainty and conflict that the current discretionary framework creates?
It seems the British Government has finally recognised that modern families take on many forms. The consultation, expected early 2026, could lead to legislation by 2027 or 2028. For the 3.6 million cohabiting couples in England and Wales, this represents a glimmer of hope after years of legal limbo.
Crisis in the Family Court
Behind the high-profile cases and policy announcements, a quieter catastrophe has been unfolding. The family courts are running out of time. In December 2025, Sir Andrew McFarlane, President of the Family Division, announced that sitting days would be reduced. The reason is simple: there are not enough judges to go round.
The statistics tell a stark story. In the first quarter of 2025, couples waited an average of 74 weeks from application to final order. Financial remedy applications rose 66% in 2024, the highest level since the 2008 financial crisis. The courts processed 11,868 applications in the third quarter of 2024 alone, a 7% increase on the previous year.
The result is a system that cannot keep pace with demand. Hearing dates are moved at short notice. Trials are delayed by months. Couples who cannot afford alternatives find themselves in limbo, their lives on hold while they wait for a judge to become available.
The result is the beginning of the end of equal access to justice. Wealthy couples are increasingly ‘by-passing’ the public court in favour of private Financial Dispute Resolution hearings and arbitration. In these processes, parties pay an independent specialist, often a senior barrister or retired judge, to deliver a neutral evaluation or a binding decision, thereby avoiding the extensive public court backlogs.
Legal experts and practitioners have explicitly warned of a ‘two-tier’ system emerging. Those with the financial means can ‘buy’ a faster, more flexible resolution, while those without means must wait for the overstretched public courts to deal with their case.
If you want to discuss any points made in this month’s post, you can email me at mandi@purcellsolicitors.co.uk
Please note that this article does not constitute legal advice.
Author Biography
Mandi Austin is a Director and Family Law Solicitor at Purcell Solicitors, with over 25 years of specialist experience in family law.
She advises on the full spectrum of family law issues, including divorce, complex financial settlements, children matters, pre‑ and post‑nuptial agreements, and non‑legal aid domestic abuse cases. Mandi originally chose law after a lecturer identified her potential and encouraged her to pursue a law degree, and she has focused on family work ever since.
Mandi is a trained Collaborative Lawyer and has extensive experience representing clients in family court proceedings as well as in out‑of‑court negotiations. She is ranked Band 2 for Family/Matrimonial in the Chambers & Partners UK Guide 2026, where she is praised as “meticulous and very thorough with her preparation,” “incredibly competent,” and “a delight to work with” who “provides spot‑on advice”.
Does my spouse have a right to half of the money I had before we married?
Not automatically. Following the Supreme Court’s decision in Standish v Standish [2025] UKSC 26, pre-marital wealth is treated as separate property unless there is clear evidence that both parties intended it to be shared. The court will look at the source of the assets rather than whose name they are in. That said, in long marriages, the line between pre-marital and matrimonial wealth can become blurred, so taking early advice is important if you are bringing significant assets into a marriage.
What is a pre-nuptial agreement and is it worth having one?
A pre-nuptial agreement is a document signed before marriage that sets out how assets should be divided if the marriage breaks down. While pre-nuptial agreements are not yet automatically legally binding in England and Wales, courts will give them significant weight if they were entered into freely, with independent legal advice on both sides, and are considered fair in the circumstances. The government’s current consultation may result in pre-nuptial agreements becoming legally enforceable, making them an increasingly valuable planning tool for couples with independent assets.
My partner and I live together but are not married. What rights do I have if we separate?
Under current law in England and Wales, cohabiting couples have very limited financial rights on separation compared to married couples. There is no such thing as a ‘common law spouse’. You may have property rights based on contributions you have made, but there is no automatic entitlement to ongoing financial support. The government’s announced consultation on family law reform includes proposals to strengthen the rights of cohabiting couples, but any legislative change is unlikely before 2027 or 2028 at the earliest. If you are cohabiting, a cohabitation agreement can help protect your position.
How long will my divorce financial settlement take?
In the current climate, you should plan for a significant wait if your case proceeds through the public family courts. Average waiting times from application to final order reached 74 weeks in early 2025, and that figure is expected to remain high given the ongoing pressures on the court system. Alternatives such as mediation, collaborative law, or private Financial Dispute Resolution hearings can often reach a resolution more quickly, though some of these options involve additional cost. Your solicitor can advise on the most appropriate route for your circumstances.
Will the family home automatically go to the parent who looks after the children?
Not automatically, but housing needs (particularly for any children) carry significant weight in the court’s assessment. In long marriages, the starting point is equal division of all matrimonial assets, but the court has broad discretion to depart from equality where needs require it. A parent who is the primary carer may be awarded the family home, or the right to remain in it until the children are older, but this will depend on the overall asset picture, any mortgage liability, and what is affordable for both parties. Every case turns on its own facts.

Mandi Austin – Director and Family Law Solicitor, SRA number: 260209
Mandi Austin is a Director and Family Law Solicitor at Purcell Solicitors, having joined the firm in September 2005. She qualified as a solicitor in September 2000 and has over 25 years of specialist experience in family law. Her path into law is an instructive one: a lecturer recognised her ability and encouraged her to pursue a law degree, and she has focused on family work ever since.
She advises on the full range of family law matters, including divorce, financial settlements, children proceedings, pre- and post-nuptial agreements, and non-legal aid domestic abuse cases. Mandi holds accreditation as a specialist on the Law Society Family Law Panel and is a trained collaborative lawyer. She has been a member of Resolution throughout her career and served as Treasurer of the local collaborative law group.
Chambers and Partners ranks Mandi in Band 2 for Family/Matrimonial in the Thames Valley in the UK Guide 2026. Peers and clients describe her as “meticulous and very thorough with her preparation,” “incredibly competent,” and “genuinely a delight to work with” who “provides spot-on advice”.
In court, Mandi combines careful preparation with strategic thinking. Her reported cases include Z (Embryo Adoption: Declaration of Non-Parentage) EWFC 68, in which Sir James Munby declared that a married husband who consented to an embryo transfer is the legal father of the resulting child under the Human Fertilisation and Embryology Act 2008. The judgment clarified the legal position for married couples where the husband has no genetic material.
Mandi is regulated by the Solicitors Regulation Authority (SRA number: 260209). She can be contacted at mandi@purcellsolicitors.co.uk.
Standish v Standish
Even more importance to pre and post nuptial agreements
Legal Services

A recent Supreme Court case, Standish v Standish [2025] UKSC 26 has provided greater clarity regarding the classification of assets and when non-matrimonial assets will be deemed ‘matrimonialised’.
This is important as the Court decision clarifies that a “non-matrimonial asset” is not subject to being shared in the way that a matrimonial asset would. Please note that in the vast majority of cases ring-fencing of assets would not succeed as if needs cannot be met on the matrimonial assets alone then non-matrimonial assets will be included in the overall assets for distribution in order to meet those needs. It is only in those cases which exceed needs (sharing cases) that this becomes a key distinction.
“Matrimonialisation” is a term used by lawyers to describe the process by which an asset, originally brought into the marriage by one spouse (and considered non-matrimonial), becomes mingled with shared assets due to its treatment during the marriage. For example, if one spouse enters the marriage with an inheritance and uses those funds to purchase the family home in joint names, without any formal agreement it would be challenging for that spouse to argue that the inheritance should remain protected (ring fenced ) and not be treated as a matrimonial asset during divorce proceedings. This is because the inheritance was used for the benefit of the family as a whole and therefore, despite its source being “non-matrimonial” has become a matrimonial asset and therefore available for sharing.

Standish v Standish – Background of the case
This case involved a wealthy couple married for approximately 15 years, with two children together. During the marriage, the wife was a homemaker, while the husband had a successful career in the financial services industry, retiring in 2007. The husband brought the majority of the couple’s assets into the marriage, amounting to around £57 million. His financial success continued to grow throughout their marriage.
In 2017, the husband transferred roughly £80 million to the wife to establish a trust for their children’s benefit, intending to minimize inheritance tax. However, in 2020, the wife initiated divorce proceedings, having failed to transfer the £80 million into a trust, and instead kept the funds in her sole name.
The case was first heard by Moor J in ARQ v YAQ [2022], where the Judge ruled that the transfer of assets resulted in matrimonialisation of those funds. Nevertheless, the husband’s significant contribution and the source of the wealth did play a pivotal role in the decision of distributing the assets. As a result, the wife was awarded an unequal share of the assets, amounting to £45 million (34% of the total).
Both parties appealed, seeking a larger share of the assets. The decision of Moylan LJ in the Court of Appeal determined that too much weight was placed upon the funds being held in the wife’s sole name (title) and that not enough emphasis was placed on the source of the funds. The Court of Appeal therefore decided that the majority of the assets had in fact not been “matrimonialised” and that the wife’s share of the assets should be reduced to £25 million to reflect this. The Court of Appeal highlighted the importance of applying the matrimonialisation principle ‘narrowly’.
Unsurprisingly, the wife, not content with this position, appealed the decision. The Court of Appeal’s decision was upheld by the Supreme Court.
The outcome of the Supreme Court Judgment
Through their Judgment, the Supreme Court provided clarity on matrimonial and non-matrimonial assets and confirmed that matrimonial assets should be shared equally unless there is a justifiable reason to depart from equality. Non-matrimonial assets should not be shared equally e.g. they can be argued as ring-fenced from division (but would be considered if required to meet needs or compensation arguments etc).
Whilst the Supreme Court upheld the decision made at the Court of Appeal, they rejected the notion that matrimonalisation should be applied ‘narrowly’, stating ‘there is no good reason to treat matrimonialisation as a narrow concept. It is neither narrow nor wide’.
The focus should be on ‘how the parties have been dealing with the assets and whether this shows, over time they have been treating the asset as shared between them’. Therefore, when looking at whether matrimonialisation has occurred the key features will be to consider intention of the parties and the treatment of those assets.
There are likely to remain many disputes over what is, and what is not, a matrimonial asset – the best way to avoid such disputes is to have clarity around what you each would intend to be matrimonial and non-matrimonial from the outset.
How can I protect non-matrimonial assets?
For individuals entering a marriage with significant assets or high net worth, protecting those interests and ensuring security may be top of their minds. Similarly, those who are entering a marriage with little assets might want security and clarity that they would, if the relationship sadly breaks down, receive a fair share.
Prenuptial agreements (“pre-nups”) and postnuptial agreements (“Post-nups”) are essential tools that can help couples safeguard their wealth and clarify the terms of their relationship should separation or divorce occur. Pre-nups are agreements you enter into prior to the marriage and Post-nups are agreements entered into any time after the marriage. These agreements, provided properly drafted and entered into, can provide peace of mind by setting clear expectations and can help avoid costly, prolonged legal disputes if separation was to occur.
While not yet fully legally binding, these agreements outline each party’s intentions regarding the division of assets if the relationship breaks down and if they have been properly entered into, and regularly reviewed, the Courts generally need a compelling reason to override such an agreement which is why it is very important that they are entered into properly, with sufficient time and consideration of needs and fairness at the forefront.
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

Mandi Austin – Director and Family Law Solicitor, SRA number: 260209
Mandi Austin is a Director and Family Law Solicitor at Purcell Solicitors, having joined the firm in September 2005. She qualified as a solicitor in September 2000 and has over 25 years of specialist experience in family law. Her path into law is an instructive one: a lecturer recognised her ability and encouraged her to pursue a law degree, and she has focused on family work ever since.
She advises on the full range of family law matters, including divorce, financial settlements, children proceedings, pre- and post-nuptial agreements, and non-legal aid domestic abuse cases. Mandi holds accreditation as a specialist on the Law Society Family Law Panel and is a trained collaborative lawyer. She has been a member of Resolution throughout her career and served as Treasurer of the local collaborative law group.
Chambers and Partners ranks Mandi in Band 2 for Family/Matrimonial in the Thames Valley in the UK Guide 2026. Peers and clients describe her as “meticulous and very thorough with her preparation,” “incredibly competent,” and “genuinely a delight to work with” who “provides spot-on advice”.
In court, Mandi combines careful preparation with strategic thinking. Her reported cases include Z (Embryo Adoption: Declaration of Non-Parentage) EWFC 68, in which Sir James Munby declared that a married husband who consented to an embryo transfer is the legal father of the resulting child under the Human Fertilisation and Embryology Act 2008. The judgment clarified the legal position for married couples where the husband has no genetic material.
Mandi is regulated by the Solicitors Regulation Authority (SRA number: 260209). She can be contacted at mandi@purcellsolicitors.co.uk.
Who gets ‘custody’ of children on separation or divorce?
Separation & Divorce

The simple answer is -no one.
The reason for this is that the terminology of custody (despite its remaining popularity among some newspapers) is an outdated term.
In more recent years the Court could, if an application were made, make Orders known as Residence Orders (determining with whom the child should live) and Contact Orders (when and how the child would spend time with the other parent) however those terms are also now out of date. These labels often reinforced the concept of one parent having priority over the other which for the majority of cases is considered unhelpful.

The current position – Child Arrangement Orders
The position now is that, if there is a dispute between parents that cannot be resolved outside of Court, then the Court have the power to make Child Arrangements Orders. These Orders can determine where the child lives and with whom and how the child’s time should be shared between the parents. A Child Arrangements Order can set out arrangements for how the children should live with both parents and what time is spent with the other.
Who decides child arrangements after separation
In reality, on separation, the vast majority of parents are able to agree on how the children’s time should be shared between them. Often the arrangements mean that the child will have a main base with one parent and spend frequent time with the other or could mean that the child will genuinely have two homes, and move frequently between the two, in an arrangement that works best for the child.
There are no rules as to how or what the arrangements should be – it’s what works best for the children, so arrangements are in their best interests. A regular settled routine is generally considered beneficial to children, giving them certainty as to when they will be seeing each parent. Term time and holiday periods should be considered and how any holidays are going to be planned. Advance communication is always best to resolve these issues rather than one parent feeling blindsided, for example, a last-minute request for a holiday adds pressure and often leads to increased acrimony than if the request had been made with time to properly discuss and consider. Parents often find it helpful to agree on a detailed rota as to how the child’s time should be shared between them.
There will be occasions, however, when parents simply cannot agree on what the future arrangements for the children will look like.
There are a number of very helpful resources available to those who are separating and faced with these decisions -including CAFCASS (The Children and Family Court Advisory and Support Service) parenting plans and advice-now guides to child arrangements.
The CAFCASS website has good information for separating parents- not just those using the Court system.

Mediation/Legal support
On occasions, parents require the help of legal advice or a mediator to facilitate those discussions.
Legal advice can be helpful to help flesh out and identify issues and options and give you realistic parameters as to what can be done if ultimately agreement is not reached. Mediation provides an invaluable opportunity to sit together, face to face or virtually, and discuss between you what would work for your children and your family -with the aid of an independent, trained mediator to guide and facilitate those discussions. Mediation can be set up in a variety of ways. Child Inclusive Mediation allows an opportunity for the voice of the children to be heard, not to make decisions or to have to choose between parents, but where children (typically those over 10) are given an opportunity to speak confidently to a trained mediator. Those discussions are then fed back to the parents, with the child’s agreement, to help inform the discussions the parents will have going forward and the decisions that need to be made.
What if you really can’t agree?
It remains the case that there are some cases, where despite attempts, parents still cannot agree. In those circumstances then an Arbitrator could be appointed to determine the dispute between the parties, or an application can be made to Court for a determination and Order.
Before a Court application can be made there is a requirement for the parties to have attempted at least one form of non-Court dispute resolution, such as mediation or early neutral evaluation, before issuing an application at Court unless there is a good reason not to do so.
Arbitration is a form of non-Court dispute resolution, but unlike other non-Court dispute resolution processes (such as mediation or early neutral evaluation) it enables a binding decision to be imposed upon the parents as you agree to be bound by the Arbitrator’s decision. Arbitration has the advantage of you choosing who will determine the dispute (Family Arbitrators would be specialists in family law- such as senior solicitors, barristers or even former Judges) and a bespoke process which can be moulded to your particular circumstances and often be much quicker than the traditional Court route.

How are decisions made?
If a decision has to be imposed it will be based purely on what the decision maker considers is in the child’s best interests, considering the individual circumstances of the case and something known as the “welfare checklist”, which is a series of factors to consider laid out in the Children Act 1989 including wishes and feelings of the children, how capable each parent is of meeting needs, effect of any proposed change etc. The emphasis is always on what is deemed best for the child rather than what either parent wants or feels entitled to.
In general, the law assumes that it is in the child’s best interests to maintain a meaningful relationship with both parents provided it is safe and secure to do so. In the absence of genuine welfare concerns to support reason to the contrary, the aim of the arrangements imposed is to ensure the arrangements made promote a regular and meaningful relationship between the child and both parents.
Sometimes in litigation, there is a need for further consideration into the particular circumstances – this could be either an independent social worker (so an expert with a wealth of experience – but appointed privately to report on your families’ particular circumstances) or a CAFCASS officer. In all Court applications, they undertake initial safeguarding checks which is designed to assist the Court in understanding whether there are any safeguarding concerns (e.g. domestic abuse or other such concerns) and report on whether they feel there is a need for any further involvement by them by a more detailed report. If a full report is ordered this will consider the circumstances, what each parent is saying and what the wishes and feelings of the child is -in light of their age (for example with school-age children the CAFCASS officer may meet with them – in a safe environment- to explore issues in an age-appropriate way with the child. Younger children may be supported in expressing themselves through the use of pictures and drawings. Importantly the children are not being asked to make decisions but to gather their views as to one of the factors to be considered before any final decisions are made as to what the arrangements will be.
The views of younger children, considered in light of their age and understanding, will be a matter for consideration. As children grow older, their views will become increasingly important, until by the time they are a teenager, there would have to be some very good reasons why the court would make an order which conflicts with what the child wants.
On occasion, what the child wants and what is in their best interests might be two different things and difficult to unravel. A child might say clearly that they do not wish to see the one parent but the other may feel or know that this is not a genuinely held view (such as influence from the other parent and being caught in acrimony). In very extreme cases the Court/Arbitrator is sometimes required to consider expert evidence, including psychiatrists and family therapists, before a final determination can be made. Even then, re-establishing a relationship between the child and the other parent can often be difficult, or even impossible, requiring long-term therapeutic input.
Please note that this blog does not apply to those where there are significant concerns regarding the welfare and safety of children with the other parent -those experiencing this should take legal advice before finalising any arrangements for the children.
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

Mandi Austin – Director and Family Law Solicitor, SRA number: 260209
Mandi Austin is a Director and Family Law Solicitor at Purcell Solicitors, having joined the firm in September 2005. She qualified as a solicitor in September 2000 and has over 25 years of specialist experience in family law. Her path into law is an instructive one: a lecturer recognised her ability and encouraged her to pursue a law degree, and she has focused on family work ever since.
She advises on the full range of family law matters, including divorce, financial settlements, children proceedings, pre- and post-nuptial agreements, and non-legal aid domestic abuse cases. Mandi holds accreditation as a specialist on the Law Society Family Law Panel and is a trained collaborative lawyer. She has been a member of Resolution throughout her career and served as Treasurer of the local collaborative law group.
Chambers and Partners ranks Mandi in Band 2 for Family/Matrimonial in the Thames Valley in the UK Guide 2026. Peers and clients describe her as “meticulous and very thorough with her preparation,” “incredibly competent,” and “genuinely a delight to work with” who “provides spot-on advice”.
In court, Mandi combines careful preparation with strategic thinking. Her reported cases include Z (Embryo Adoption: Declaration of Non-Parentage) EWFC 68, in which Sir James Munby declared that a married husband who consented to an embryo transfer is the legal father of the resulting child under the Human Fertilisation and Embryology Act 2008. The judgment clarified the legal position for married couples where the husband has no genetic material.
Mandi is regulated by the Solicitors Regulation Authority (SRA number: 260209). She can be contacted at mandi@purcellsolicitors.co.uk.
Who gets ‘custody’ of pets on separation or divorce?
Separation & Divorce

In the Paw PDSA Wellbeing Report 2024 it was recorded that around 51% of UK adults own a pet.
Pets play a crucial role in our lives offering companionship and love. It is important to understand their role when considering separation or divorce. With the significant increase of these furry animals in households, it is not surprising that disputes are arising when parties are separating.
Couples often seek legal advice to discuss a range of matters including finances, child arrangements, property and other assets. However, where do pets fit into this? Who will the pet live with following separation and who will fund the pet’s care?
The question arises as to whether pets should be treated purely as property or be given special consideration following separation or divorce.

What is the current legal position in England and Wales?
Under the current legal framework, pets are treated the same as any other inanimate item in the family home, regarded as property only. Some may argue that this view, treating beloved pets as mere ‘chattels’, is outdated and doesn’t reflect the emotional bond many people share with their animals as to many, animals are much more than possessions, they are family members with unique personalities, emotions and needs.
In the case of RK v RK [2011] EWHC 3910 (Fam), an issue arose regarding the ownership of a dog following divorce. Moylan J stated:
‘I do not consider it appropriate to make any order in respect of one of the dogs, because on the evidence I have heard, they would seem to have been principally looked after by the husband.’
In the latter case of IX v IY [2018] EWHC 3053 (fam) Williams J commented the following:
‘I have heard almost nothing on this issue although I believe that one dog is currently in France and one dog is in England. That seems to me to be fair. If the parties wish to argue over their access to the other dog, I would suggest that they place the dispute before a mediator or arbitrator; perhaps one with experience of dogs.’
While animal lovers and pet owners may strongly disagree, the Court appears to adopt the view that the individual who purchased the pet or has primary responsibility for it should retain ownership, unless the animal has been explicitly gifted to their partner. This is an important consideration for parties when dividing assets and preparing a contents list. The question became: would you prefer the washing machine or the dog?

The case of FI v DO
In the case of FI v DO [2024] EWFC 384 (B) we started to see a shift in the Court’s perspective when considering pets upon divorce or separation. This case involved ongoing litigation around disputes regarding the parties’ dog which went as far as to a final hearing and the husband had made an application for a shared care order and return in relation to the parties’ puppy.
The wife argued that the dog should stay with her and the children, citing the children’s emotional attachment to the animal. She emphasized that it would not be in the dog’s best interests to live with the husband, referencing an incident where the husband was arrested for ‘forcibly taking the dog from the maternal grandmother while she was out walking it’. The wife argued that the dog also sustained injuries from this incident, and the force the husband used in taking the animal caused significant distress, further highlighting the concerns about the dog’s well-being in his care. The Husband had not seen the dog in 18 months when this incident occurred. In the wife’s evidence she said, ‘I would not force a dog to come away when he did not know me’.
The husband’s position was that he had financially contributed to the purchase of the dog, he trained the dog and registered it as a disability support dog. His argument was that he suffers from anxiety and depression, and needed to keep the dog to assist with his mental health. His view of the incident was that the dog went with him happily and he didn’t have to ‘forcibly’ take her.
Whilst DJ Chrisp considered the position of Moylan J in RK v RK as above, in this case he said that the husband ‘fails to understand the implications of his actions which impact the family and the dog’. The wife’s ‘evidence was far more in tune with someone who has the welfare of the dog at heart…. The legal authority to which I have referred provides assistance as to who has principally looked after the dog. Not who has purchased the dog, that fact in my view is not as important as who the dog sees as her carer. This is not who had previously looked after the dog, but who does now’.
What does this mean going forward?
Although pets are still legally considered property in most jurisdictions, FI v DO [2024] EWFC 384 (B) signals a growing recognition of their sentient nature and the importance of their emotional and physical well-being during divorce settlements. Despite the Courts not offering ‘custody’ arrangements like those found in children disputes, the mere fact that pets are being recognised as part of a family unit rather than a chattel is a significant evolution. The Courts may increasingly consider factors such as the animal’s attachment to its owners and any incidents that could harm its well-being when deciding ownership in divorce or separation cases. I am sure many pet owners will agree that focusing on this aspect rather than simply who paid for the animal is the appropriate way forward.

What options are there if parties cannot agree and do not want to go to Court?
‘Pet-nup’
While this is not the only thing a Court will consider when making a decision because they are not legally binding, having a pre-nuptial agreement, specifically catered to pets would be seen as highly influential in determining arrangements. This agreement should outline who has ownership of the pet upon divorce or separation, who is to pay for the pet’s care (e.g. food, vet bills and other maintenance) and perhaps who the pet would live with upon relocation.
Mediation
Mediation Is a form of Non-Court Dispute Resolution (NCDR) which is a non-binding process where an independent third-party neutral assists disputes between couples and help facilitate dialogue between them. As highlighted by William J in IX v IY [2018] EWHC 3053 (fam) finding a mediator who has experience with dogs is highly beneficial. This process allows for parties to carefully choose a mediator and have open and encouraging communication. Mediation enables the parties to deal with matters in creative ways whereas Courts have a more rigid structure.
Arbitration
William J in IX v IY [2018] EWHC 3053 (fam) also suggested that if parties wish to dispute over ownership of their animals Arbitration would be a suitable route. Arbitration is another form of NCDR whereby parties appoint and pay for an arbitrator to make a legally binding decision when they cannot agree for themselves. Whilst this is costly, this process is much quicker than Court proceedings and parties have the privilege of choosing who they want to be their Judge and what issues the Arbitrator is to decide i.e. they could deal with the issue in isolation. By being able to choose your Judge, parties might find that they can appoint an arbitrator who is more understanding towards the emotional bond shared with animals and their owners.
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

Mandi Austin – Director and Family Law Solicitor, SRA number: 260209
Mandi Austin is a Director and Family Law Solicitor at Purcell Solicitors, having joined the firm in September 2005. She qualified as a solicitor in September 2000 and has over 25 years of specialist experience in family law. Her path into law is an instructive one: a lecturer recognised her ability and encouraged her to pursue a law degree, and she has focused on family work ever since.
She advises on the full range of family law matters, including divorce, financial settlements, children proceedings, pre- and post-nuptial agreements, and non-legal aid domestic abuse cases. Mandi holds accreditation as a specialist on the Law Society Family Law Panel and is a trained collaborative lawyer. She has been a member of Resolution throughout her career and served as Treasurer of the local collaborative law group.
Chambers and Partners ranks Mandi in Band 2 for Family/Matrimonial in the Thames Valley in the UK Guide 2026. Peers and clients describe her as “meticulous and very thorough with her preparation,” “incredibly competent,” and “genuinely a delight to work with” who “provides spot-on advice”.
In court, Mandi combines careful preparation with strategic thinking. Her reported cases include Z (Embryo Adoption: Declaration of Non-Parentage) EWFC 68, in which Sir James Munby declared that a married husband who consented to an embryo transfer is the legal father of the resulting child under the Human Fertilisation and Embryology Act 2008. The judgment clarified the legal position for married couples where the husband has no genetic material.
Mandi is regulated by the Solicitors Regulation Authority (SRA number: 260209). She can be contacted at mandi@purcellsolicitors.co.uk.
What Happens To Pensions In A Divorce
Separation & Divorce

Pensions are one of the assets that need to be resolved in divorce proceedings.
Statistically many people do not consider pensions on divorce and are often missing out on obtaining a share of a very valuable asset as according to the ONS 42% of the household wealth in the UK is held in pensions. Divorce inevitably changes your future plans and specialist legal advice is invaluable in finding the right solution for your future and ensuring pensions are dealt with fairly.
Is my pension affected by divorce?
When it comes to the financial settlement of your divorce, all personal assets must be disclosed including your pensions. However, splitting pensions between parties is more challenging than other assets, such as savings or property equity. For pensions, often the division is dependent on the level of the pension assets, the length of your marriage, the age of both parties and your individual circumstances.

How are pensions divided in a divorce?
This often requires the instruction of an actuary or pensions expert who will report on the value of each pension and how they can be shared given your particular circumstances. There tend to be three options for pension settlements within a divorce:
Sharing Your Pension
this involves two options:
A Pension-sharing Order
This is the most common way to share pensions, with a share of one person’s pension transferring to the other person (either within the existing pension fund or elsewhere, depending on the scheme rules). This will become a pension in that person’s name without further links between the parties. What’s significant about this option is that contributions to the pension, after the pension sharing order is implemented, will only benefit the person making them and not the other spouse – as the pensions are then separate.
A Pension Attachment Order
This option enables the person receiving the pension credit to receive a defined percentage of the other person’s pension payment, i.e. it continuously divides the pension income between both parties. This is far less commonly used as there are risks to the receiving party and can be affected by remarriage if the owner of the pension dies, then the payments will stop and can be affected by remarriage. Pension Attachment Orders are rare, but this option can be a solution for the right case but expert advice is crucial.
It is important to note that pensions can only be shared pursuant to a divorce; you cannot have a pension share in a Deed of Separation.
Off-setting pension value against other assets
Sometimes, your circumstances mean one or both parties would prefer not to share pensions and instead for the side with the lower pension provision to receive a larger share of other assets. For example, if one person wants to remain in the family home and would prefer to retain that asset rather than receive a share of the other person’s pension. Off-setting requires careful consideration of current and future needs, and it is essential to receive expert advice on this.
Keep your pension
It could be agreed you will each retain your own pension provision if that would be fair in your circumstances.
Why experts in pensions and divorce are essential
For some couples, divorce can already be a tiresome and complicated journey. However, due to the complexities of pension assets, it is important to take legal and financial advice before making any decisions as to these important issues. You need to know where you stand and what you’re entitled to. The team at Purcell can help you navigate the process of resolving your pensions through divorce and will help you identify where further expert input (such as actuarial reports) is required.
Discuss Your Pensions on Divorce Today Here.

How are pensions valued in a divorce?
When establishing the value of each party’s pension, the Cash Equivalent Value (CEV) from the relevant pension companies needs to be obtained together with additional information about how that company and scheme deals with pensions in divorce. It’s important to note that a CEV is not always a true reflection of the full value of the pension scheme in particular if it is a Defined Benefit or Final Salary scheme as they can often in reality be far more valuable than the CEV would suggest. This is when it’s recommended to instruct a Pensions on Divorce Expert who provides a detailed report to report on how pensions can be divided. Whilst they are not cheap, they are invaluable. Not properly dealing with your pensions on divorce can be a costly mistake for your retirement plans.
Is my spouse entitled to half my pension after a divorce?
This depends on your circumstances; pensions are one part of the financial pot that needs to be considered in reaching a financial settlement. When a couple gets divorced, the starting point is the assumption that their matrimonial assets should be divided equally, although there are often factors that could justify departing from equality in favour of one party.
Pensions accrued during a marriage or civil partnership by either party are marital assets available for division between the spouses. Pensions accrued before marriage are also taken into account where needs require it. However, dividing pensions is not the same as dividing funds in a joint bank account, and therefore, a 50% division may not result in an equal share of the pension. For the right settlement and a fair decision for both parties, you must seek professional advice and know what you’re entitled to.
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

Mandi Austin – Director and Family Law Solicitor, SRA number: 260209
Mandi Austin is a Director and Family Law Solicitor at Purcell Solicitors, having joined the firm in September 2005. She qualified as a solicitor in September 2000 and has over 25 years of specialist experience in family law. Her path into law is an instructive one: a lecturer recognised her ability and encouraged her to pursue a law degree, and she has focused on family work ever since.
She advises on the full range of family law matters, including divorce, financial settlements, children proceedings, pre- and post-nuptial agreements, and non-legal aid domestic abuse cases. Mandi holds accreditation as a specialist on the Law Society Family Law Panel and is a trained collaborative lawyer. She has been a member of Resolution throughout her career and served as Treasurer of the local collaborative law group.
Chambers and Partners ranks Mandi in Band 2 for Family/Matrimonial in the Thames Valley in the UK Guide 2026. Peers and clients describe her as “meticulous and very thorough with her preparation,” “incredibly competent,” and “genuinely a delight to work with” who “provides spot-on advice”.
In court, Mandi combines careful preparation with strategic thinking. Her reported cases include Z (Embryo Adoption: Declaration of Non-Parentage) EWFC 68, in which Sir James Munby declared that a married husband who consented to an embryo transfer is the legal father of the resulting child under the Human Fertilisation and Embryology Act 2008. The judgment clarified the legal position for married couples where the husband has no genetic material.
Mandi is regulated by the Solicitors Regulation Authority (SRA number: 260209). She can be contacted at mandi@purcellsolicitors.co.uk.


