Author: Sarah Walker

About the Author
Sarah Walker
Partner, Edwards Family Law

Legal 500 Recommended Lawyer 2026
University of Cambridge
Formerly Clifford Chance & Hughes Fowler Carruthers

Sarah Walker trained as a corporate lawyer at Clifford Chance before moving to family law in 2017. She worked at Hughes Fowler Carruthers under Frances Hughes, where she acted on the landmark case of Potanina v Potanin in the Court of Appeal and Supreme Court – one of the most significant international financial remedy cases in recent years. Sarah advises high-net-worth clients in the UK and abroad on complex financial disputes involving offshore trusts, business interests, and inherited wealth, as well as private law children matters.

Q: What can I do if my ex-spouse stops paying what was agreed in our divorce settlement?

A: A financial consent order or financial remedy order is legally binding and enforceable through the courts. If your ex-spouse fails to comply, you have a range of enforcement options available – from attachment of earnings orders and third-party debt orders to charging orders over property and, in serious cases, committal proceedings for contempt of court.

One of the most distressing situations I encounter is a client who has been through the entire divorce process, reached a settlement, and is then faced with an ex-spouse who simply refuses to comply with what the court has ordered. The settlement that took months to achieve is worth nothing if it cannot be enforced.

The good news is that the English courts take enforcement seriously and have substantial powers to compel compliance. The key is knowing which enforcement mechanism is right for your situation – and acting without delay.

What types of non-compliance are most common?

The most common enforcement issues I see are: failure to pay lump-sum orders on time or at all; missed maintenance payments; failure to transfer property or execute a transfer; and failure to comply with pension-sharing orders. Less commonly, a party may attempt to delay or obstruct the implementation of a business sale or asset realisation that the court ordered.

In high net worth cases, non-compliance often has a strategic dimension – a wealthy ex-spouse may be deliberately making enforcement difficult by moving assets, restructuring business interests, or simply refusing to engage. These cases require a different approach from straightforward arrears.

The most common form of non-compliance I encounter is the failure to make spousal maintenance payments. While ex-spouses are often more accepting of their obligation to pay child maintenance, they frequently resist paying spousal maintenance. In cases where the paying party has a stable and substantial income, the usual first step is to request compliance with the court order. If this is unsuccessful, the next step is typically to threaten and if necessary, pursue an application for an attachment of earnings order.

Enforcement options for lump sum and property orders

Where a lump sum has not been paid, a charging order can be obtained over the debtor’s property, which prevents them from selling or remortgaging without satisfying the debt. A third-party debt order can freeze and redirect money held in bank accounts. Where the debtor has income, an attachment of earnings order can require their employer to deduct payments directly from their salary.

For property transfer orders, where the non-complying party refuses to sign the relevant documentation, the court can appoint a court officer to execute the transfer on their behalf, meaning the transfer proceeds without their cooperation.

Enforcement options for maintenance arrears

Maintenance arrears can be recovered through many of the same mechanisms available for lump sums. An attachment of earnings order is often the most effective route when the paying party is employed. For self-employed individuals or those with income from investments or business interests, the position is more complex. It may require a more forensic approach to locate and attach income at source.

It is important to note that maintenance arrears can be enforced only for the 12 months immediately preceding the enforcement application, unless the court grants permission to enforce earlier arrears. Acting promptly is therefore important.

If you begin to notice that maintenance payments are being missed or are becoming irregular, it is important to act quickly rather than waiting for arrears to build up. In the first instance, you should:

Keep a clear record of all missed or late payments, including dates and amounts.
Raise the issue promptly with the paying party, as non-payment is sometimes due to oversight or short-term cash flow issues.
Seek legal advice early if payments are not brought up to date quickly, so that enforcement options can be considered before arrears fall outside the 12-month window.

Early action significantly improves the chances of recovery. Delays can not only limit the amount that can be enforced without the court’s permission, but may also make recovery more difficult if the paying party’s financial position changes or becomes less transparent over time.

When can committal proceedings be used?

Committal – the ultimate sanction for breach of a court order – is available where a party has deliberately and knowingly breached an order. It is a serious step, carrying the possibility of imprisonment or a fine, and the courts require a high standard of proof. It is most commonly used where all other enforcement options have been exhausted or where the non-compliance is particularly egregious.

The threat of committal proceedings often has the effect of concentrating minds without the need to go all the way. In my experience, a well-drafted enforcement application accompanied by a clear indication that committal will follow if compliance is not forthcoming frequently produces results.

What if my ex-spouse has moved assets overseas?

This is an increasingly common problem. If assets have been moved to another jurisdiction, enforcement becomes more complex but is by no means impossible. English courts can grant freezing injunctions with worldwide effect, which prevent a party from dealing with assets anywhere in the world pending enforcement proceedings.

Enforcement in another country depends on whether that country has reciprocal enforcement arrangements with England and Wales, and whether the original order meets the requirements of that jurisdiction’s law. Early advice is essential – the longer assets remain overseas without action, the harder enforcement becomes.

I have acted in matters involving the enforcement of orders against high-value moveable assets, including luxury vehicles such as a Lamborghini, where the position was particularly complex and required urgent action to prevent the asset from being moved beyond the court’s reach.

If your ex-spouse is not complying with a financial order, Edwards Family Law can advise you on your enforcement options. Contact us at edwardsfamilylaw.co.uk.

FAQs (Frequently Asked Questions)

Q: Is there a time limit on enforcing a divorce settlement?

A: For maintenance arrears, you can generally only enforce the 12 months immediately before the application without the court’s permission. For lump-sum and property orders, there is no strict time limit, but delays can complicate enforcement, particularly where assets have been moved or dissipated.

Q: Can I enforce a consent order if my ex-spouse has gone bankrupt?

A: Bankruptcy materially affects the enforceability of financial remedy orders and the available routes to recovery. The interaction between family and insolvency law is highly fact-sensitive, including issues of timing, notice, and the status of the trustee, and early specialist advice is essential.

Q: What if the order was made in another country?

A: Orders made in other countries can sometimes be enforced in England, depending on the country and the nature of the order. Reciprocal enforcement arrangements exist with several jurisdictions. The process requires specialist international family law advice.

Q: Can I go back to court if my financial circumstances have changed significantly?

A: For maintenance orders, you can apply to vary the order if there has been a material change in circumstances. Capital orders – such as lump sums and property transfers – are final once made and cannot be varied, save in the very limited circumstances where an order can be set aside entirely.

About the Author
Sarah Walker
Partner, Edwards Family Law

Legal 500 Recommended Lawyer 2026
University of Cambridge
Formerly Clifford Chance & Hughes Fowler Carruthers

Q: Can offshore trusts protect assets in a divorce?

A: Not as effectively as many people assume. English courts have wide powers to look through trust structures where there is evidence that assets have been placed in trust to defeat a spouse’s claims, or where the settlor retains effective control. A trust is not a shield – it is a factor the court will examine carefully.

My background is in commercial law before family law, and it shapes how I approach cases involving complex asset structures.

This article explains how English courts approach offshore trusts and hidden assets in financial remedy proceedings, and what clients on either side of these disputes need to understand before proceedings begin.

How do English courts treat offshore trusts?

The starting point is that assets held in a trust are not automatically excluded from the matrimonial pot. The court will look at the substance of the arrangement rather than its form. Key questions include: who created the trust and when it was created? Who are the beneficiaries? Does the settlor retain any control or benefit? Have assets been moved into the trust recently – particularly after separation or the commencement of proceedings?

What tools does the court have to investigate hidden assets?

The court has a comprehensive toolkit. A party can be ordered to provide a detailed financial disclosure, including documentation from overseas entities. Third-party disclosure orders can compel banks, accountants, and corporate entities to provide records directly to the court. Freezing injunctions can prevent assets from being moved or dissipated during proceedings.

In serious cases, the court can appoint a receiver to take control of assets where there is a real risk they will be removed from the jurisdiction or otherwise made unavailable. This happened in Michael v Michael, where the husband’s refusal to comply with disclosure led the court to take that unusual step.

Forensic accountants are frequently instructed in complex cases to trace assets, analyse financial structures, and provide expert evidence on the value of business interests or the true extent of a party’s wealth.

What happens if hidden assets are discovered after the order is made?

An order can be set aside on grounds of material non-disclosure. The threshold is high – the concealed asset must be of a nature that would have made a substantial difference to the outcome. But where that threshold is met, the court can reopen the case entirely, which means the concealing party faces both a revised order and the costs of the further proceedings.

In MK v SK [2026] EWFC 28, a case that attracted comment from senior practitioners, the court found the husband’s assets ran to several million pounds despite his having claimed near-nil wealth throughout the proceedings. The case drew criticism that the outcome did not adequately reflect the extent of the non-disclosure, and the judgment prompted discussion about whether the courts’ existing powers are being used to their full extent.

What about assets held through companies rather than trusts?

The same principles apply. A spouse who owns a business outright, or who holds shares in a company through which they receive income or benefits, cannot simply present the company as a third-party asset unconnected to the marriage. The court will look at the reality of the situation.

Business valuations in financial remedy proceedings are a specialist area. The methodology used to value a company – whether on an earnings basis, net asset basis, or some combination – can make an enormous difference to the outcome. Expert evidence from a forensic accountant is almost always required in complex cases.

What should you do if you suspect your spouse is hiding assets?

Get advice early. The earlier a solicitor is instructed, the more options are available. Freezing injunctions, for instance, need to be applied for urgently – once assets have been moved, the position becomes significantly harder to remedy. A forensic accountant can also begin tracing work before proceedings formally commence.

Be methodical about what you already know. Bank statements, company accounts, property records, and lifestyle observations can all be relevant. A good family solicitor will help you identify what information you have and what questions need to be asked.

If you are dealing with a divorce involving complex assets, trusts, or concerns about financial disclosure, Edwards Family Law can advise you. Contact us at edwardsfamilylaw.co.uk.

FAQs (Frequently Asked Questions)

Q: Can I apply for a freezing injunction if I think my spouse is moving assets?

A: Yes, but you need to act quickly, and you will need to demonstrate a good arguable case and a real risk of dissipation. A freezing injunction is a significant step and requires specialist advice – the courts do not grant them routinely, but they are available where the evidence supports it.

Q: Are overseas assets included in an English divorce settlement?

A: They can be. English courts can make orders in respect of overseas assets, though enforcement in another jurisdiction depends on that country’s laws and any reciprocal enforcement arrangements. Specialist advice is essential in international cases.

Q: What is a Barder event, and when can it be used to reopen a settlement?

A: A Barder event is a fundamental and unforeseeable change in circumstances that invalidates the basis on which a consent order was made. The threshold is high – it cannot be used simply because one party’s circumstances have changed or because a settlement later appears unwise.

Q: Can a trust created before marriage be included in a divorce settlement?

A: Pre-marital trusts are not automatically ringfenced. The court will consider factors such as the length of the marriage, whether the trust was used to support the family during the marriage, and the financial needs of both parties. Pre-nuptial agreements which address trust assets can be relevant but are not automatically binding.

About the Author
Sarah Walker
Partner, Edwards Family Law

Legal 500 Recommended Lawyer 2026
University of Cambridge
Formerly Clifford Chance & Hughes Fowler Carruthers

Sarah Walker advises on all areas of family law. She has specific expertise in complex cross-border financial disputes, which often involve offshore trusts, complex award packages, high-value business and inherited or pre-acquired wealth.

Having worked in the audit department of PricewaterhouseCoopers and trained in corporate law at Clifford Chance before moving into family law, she brings a unique perspective to her cases.

Sarah has worked on a number of reported cases, including the seminal case of Potanina v Potanin in the Court of Appeal and the Supreme Court.

Q: What family law issues should expats consider when returning to the UK?

A: Returning expats should consider which country’s courts have jurisdiction over any divorce or financial claims, whether any overseas divorce settlement can be reopened in England and Wales, the status of pre- or post-nuptial agreements, and how to regularise arrangements for children, particularly where relocation involves more than one jurisdiction. Early specialist advice is strongly recommended, as timing can be decisive.

In an increasingly globalised world, it is common for British families to spend significant periods living abroad for work, business, or lifestyle reasons. However, many expats eventually decide to return to the UK. While the logistics of relocation (housing, schooling and employment) often take centre stage, the family law implications of returning to England and Wales can be equally important.

For individuals who have married, separated, or had children while living overseas, relocating to the UK can raise complex legal issues. Understanding these considerations early can help avoid costly legal disputes and ensure that family arrangements are legally robust.

Which Country’s Courts Have Jurisdiction?

One of the first legal questions that may arise when expats return to the UK is jurisdiction, meaning which country’s courts have the authority to deal with family law matters such as divorce, financial remedies, or child arrangements.

For British nationals who have lived or are still living abroad (albeit with a view to moving back), multiple countries may potentially have jurisdiction over their family law matters. The courts of England and Wales will have jurisdiction in the following scenarios:

Both parties to the marriage or civil partnership are habitually resident in England and Wales
Both parties were last habitually resident in England and Wales and one of them continues to reside there
The respondent is habitually resident in England and Wales
The applicant is habitually resident in England and Wales and has resided there for at least one year immediately before the application was made
The applicant is domiciled and habitually resident in England and Wales and has resided there for at least six months immediately before the application was made
Both parties are domiciled in England and Wales
Only the applicant or respondent is domiciled in England and Wales

If you are a family living between two countries, even temporarily, this could lead to competing proceedings in different jurisdictions.

Even if you are not living in England and Wales, if you retain a British domicile, you or your spouse could choose to issue proceedings here. Domicile is an important concept in English family law. In simple terms, it refers to the country a person regards as their permanent home, even if they are currently living elsewhere. Individuals typically acquire a “domicile of origin” at birth, usually from their father, and this remains unless and until they establish a “domicile of choice” in another country by settling there permanently and intending to remain indefinitely.

For expats returning to the UK, domicile can be highly relevant because even long periods spent living abroad do not necessarily change a person’s domicile. As a result, some expats may still be considered domiciled in England and Wales, which can enable the English courts to hear certain family law claims.

The choice of jurisdiction can have significant consequences. England and Wales is often viewed as a financially generous jurisdiction in divorce proceedings, particularly in cases involving substantial assets or a non-working spouse. It is therefore important for returning expats to seek legal advice promptly if divorce or separation is a possibility.

Cross-border jurisdiction disputes can be expensive and complex. In some cases, the timing of when proceedings are issued can determine which country’s court will ultimately deal with the matter. For this reason, it is advisable to seek specialist legal advice as soon as possible if you believe that a dispute involving multiple jurisdictions may arise.

Sarah has recently advised British expats living in Dubai but who retain significant connections to the UK, including the former matrimonial home. There were competing proceedings in the two jurisdictions and Sarah navigated a tricky jurisdiction issue which ultimately enabled her client to obtain a greater settlement than they would have achieved had the matter been dealt with in Dubai.

Pre-Nuptial and Post-Nuptial Agreements in International Marriages

Many expat couples marry abroad or acquire assets in multiple jurisdictions. In these circumstances, pre-nuptial and post-nuptial agreements can play an important role in providing clarity about financial arrangements if the relationship later breaks down.

While pre-nuptial and post-nuptial agreements are not automatically binding in England and Wales, the courts will generally give them significant weight provided that:

Both parties entered into the agreement freely
There was full and frank financial disclosure
Each party had independent legal advice
The agreement is fair in the circumstances

For internationally mobile couples, these agreements can be particularly valuable in setting out how assets located in different jurisdictions should be treated. They may also help to reduce uncertainty where spouses have connections to multiple legal systems.

For couples returning to the UK after a period abroad, it may be advisable to review any existing pre-nuptial or post-nuptial agreement to ensure that it remains effective and appropriate under English law. In some cases, it may be sensible to update an existing agreement or enter into a post-nuptial agreement after relocating, particularly where the couple has acquired additional assets overseas or their financial circumstances have changed.

Taking legal advice at an early stage can help ensure that any agreement is prepared in a way that maximises the likelihood that it will be upheld by the courts of England and Wales.

Clients who have entered into a pre-nuptial agreement abroad should seek legal advice promptly after returning to the UK. Different countries have very different rules about the validity and effect of pre-nuptial agreements, and an agreement that is binding in one jurisdiction will not be treated as binding by the courts in England and Wales. In England and Wales, pre-nuptial agreements are not legally binding, but the courts may give them significant weight and may hold parties to their terms where it is fair to do so.

Obtaining early advice allows the agreement to be reviewed to assess how likely it is to be upheld in the UK and whether any further steps should be taken to strengthen it. In some cases, it may be sensible for the parties to enter into a new agreement under English law, or to update the existing agreement so that it better reflects the requirements that the English courts typically consider when deciding whether to give effect to a pre-nuptial agreement.

Can You Still Bring Financial Claims After an Overseas Divorce?

Some expats may have already obtained a divorce in another country before returning to the UK. However, an overseas divorce does not always bring financial matters to a complete conclusion.

In certain circumstances, it may still be possible for a spouse to bring a financial claim in England and Wales after a foreign divorce under Part III of the Matrimonial and Family Proceedings Act 1984. This may arise where the financial settlement reached overseas was limited or did not adequately address assets located in, or connected to, the UK.

These types of claims can be legally and procedurally complex. Specialist legal advice at an early stage is therefore important to assess whether a claim may be available and whether the courts of England and Wales are likely to grant permission for such a claim to proceed.

Sarah has experience advising on claims under Part III of the Matrimonial and Family Proceedings Act 1984, including through her work on the seminal case of Potanina v Potanin. Part III allows a party to apply for financial relief in England and Wales following a divorce that has taken place overseas, in circumstances where the financial provision made abroad was insufficient or where there are strong connections to this jurisdiction.

Many clients are unaware that this route exists. This is often because they assume that once a divorce has been finalised in another country, the financial outcome cannot be revisited elsewhere. However, where one or both parties have a sufficient connection to England and Wales (for example through residence, domicile, or assets located here) it may be possible to seek further financial provision from the English court.

Children and International Relocation

Children are often at the centre of legal issues when expat families relocate. Returning to the UK can raise questions about schooling, residence arrangements, and parental responsibility.

If both parents agree to the move, matters may proceed smoothly. However, difficulties can arise if one parent relocates with a child without the consent of the other parent or without a court order. In such cases, the relocation may amount to international child abduction, particularly where the child was habitually resident in another country prior to the move.

The UK is a signatory to the Hague Convention on the Civil Aspects of International Child Abduction, which provides a framework for resolving cross-border child disputes. Parents considering relocating with children should therefore seek legal advice before making any permanent move.

Where parents separate after returning to the UK, the courts in England and Wales will prioritise the best interests of the child when determining living arrangements and contact with each parent.

Sarah’s advice to parents who are considering returning to the UK with their children is to seek legal advice before making any plans to relocate. Where both parents have parental responsibility, one parent cannot ordinarily remove a child from the country in which they are habitually resident without the consent of the other parent or the permission of the court.

Early legal advice can also help parents understand which country’s courts are likely to have jurisdiction and how a proposed move may be viewed by the court.

Practical Steps for Returning Expats

Expats returning to the UK may benefit from taking proactive steps to manage potential family law issues, including:

Reviewing marital agreements and considering a post-nuptial agreement where appropriate
Understanding which jurisdiction may apply to any potential divorce or financial claims
Clarifying arrangements for children, particularly where relocation is involved
Seeking early legal advice if separation is anticipated

Conclusion

Relocating back to the UK can be an exciting new chapter for expat families. However, cross-border family arrangements often involve complex legal considerations that should not be overlooked.

Obtaining specialist advice at an early stage can help individuals understand their rights, avoid jurisdictional disputes, and ensure that both financial and childcare arrangements are properly addressed under English law.

At Edwards Family Law, we regularly advise clients with international family law issues, including expats returning to England and Wales. If you are relocating to the UK and have concerns about divorce, financial matters, or arrangements for children, seeking early legal guidance can help you navigate these issues with confidence.

If you are returning to the UK and have concerns about divorce, financial arrangements, or children, Edwards Family Law can advise you. Request an initial consultation at edwardsfamilylaw.co.uk or email us directly. We respond to all enquiries within 24 hours.

Frequently Asked Questions

Q: Can I get divorced in England if I was married abroad?

A: Yes, provided the courts of England and Wales have jurisdiction. Jurisdiction is based on habitual residence and/or domicile, not where the marriage took place. If you have returned to England or Wales, or have retained a British domicile, it is likely that the English courts will be able to hear your divorce petition.

Q: Does my overseas divorce mean all financial issues are settled?

A: Not necessarily. If you obtained a divorce abroad and have since returned to the UK, it may still be possible to bring a financial claim in England and Wales under Part III of the Matrimonial and Family Proceedings Act 1984, particularly where UK-based assets were not addressed in the overseas settlement. Specialist advice is essential.

Q: I have a pre-nuptial agreement signed in another country. Is it valid in England?

A: It may carry significant weight, but it will not be automatically binding. The English courts will consider whether both parties entered into it freely, with full financial disclosure and independent legal advice, and whether the terms are fair. If you are returning to the UK, it is advisable to have any existing agreement reviewed by an English family law solicitor.

Q: Can I bring my children back to the UK without my ex’s consent?

A: If the other parent has parental responsibility and the children are habitually resident in another country, relocating without consent could constitute international child abduction under the Hague Convention. You should obtain either written consent from the other parent or a court order before making any permanent move.

Q: How quickly do I need to take legal advice if there are cross-border implications?

A: As soon as possible. Jurisdiction in international family law can turn on timing. In some cases, the first party to issue proceedings determines which country’s court will have authority. Delay can also complicate enforcement of financial claims. Early advice is strongly recommended.

Q: What is ‘domicile’ and why does it matter?

A: Domicile is the country you regard as your permanent home. Unlike habitual residence, it does not simply follow where you are living at any given time. Even if you have lived abroad for many years, you may still be domiciled in England and Wales, which could give the English courts jurisdiction over your divorce or financial claims. An English family lawyer can advise on your domicile status.

Written by Sarah Walker, Partner, Edwards Family Law. Edwards Family Law is authorised and regulated by the Solicitors Regulation Authority (SRA number: 658249).

Discovering a spouse’s affair can be deeply painful, and it is very common to wonder whether their cheating means you will receive a larger divorce settlement or a different outcome on child arrangements in England and Wales. In most cases, adultery itself does not change the financial settlement or child arrangements. Still, there are important exceptions.

This guide explains what the law actually says, when an affair might matter, and what practical steps you can take to protect yourself and your family.

1. Does adultery matter legally in the UK?

Since April 2022, you no longer need to prove adultery, unreasonable behaviour, or any other reason to get divorced. The Divorce, Dissolution and Separation Act 2020 introduced “no-fault divorce” to England and Wales, meaning you simply provide a statement that the marriage has irretrievably broken down.

The court does not investigate who is “to blame” for the breakdown. While the emotional impact of an affair is vast, the legal process itself is not about punishing an unfaithful spouse. Previously, adultery was one of five “facts” you could use to prove irretrievable breakdown, but this system no longer exists.

Key point: Whether or not your spouse had an affair, the divorce process is the same. You cannot mention the affair in your application.

2. Does cheating affect your divorce settlement?

In most cases, no. English courts do not punish infidelity in the division of assets. The family court’s primary focus is on fairness and on meeting both parties’ needs, not on moral judgment.

When deciding how to divide assets, the court considers the factors set out in section 25 of the Matrimonial Causes Act 1973:

The income, earning capacity, property and other financial resources each spouse has or is likely to have

The financial needs, obligations and responsibilities of each party, including housing needs

The standard of living during the marriage

The age of each party and the duration of the marriage

Any physical or mental disability

Contributions made by each party, including non-financial donations such as caring for children

The needs and welfare of any children of the family are a first consideration.

“Conduct” is only taken into account in rare cases where it would be inequitable for the court to ignore it. That threshold is very high and typically involves serious financial or personal misconduct rather than the fact of an affair alone.

A recent reported case which dealt with the issue of “conduct” is the case of Loh v Loh-Gronager [2025] EWFC 483. In this case Cusworth J determined a heavily contested financial remedy dispute arising from a short, childless marriage governed by a pre-nuptial agreement, in which the husband engaged in serious litigation misconduct. The court found that the husband had fabricated or doctored key emails and made systematic unauthorised withdrawals of substantial sums, most of which were treated as advances on his entitlement pursuant to a pre-nuptial agreement. Applying s.25(2)(g) MCA 1973 and Radmacher v Granatino [2010] UKSC 42, the court held that the husband’s conduct crossed the high threshold at which it would be inequitable to disregard it. The court found that fairness required a sanction beyond costs, resulting in significant deductions from the husband’s entitlement under the pre-nuptial agreement and a substantially reduced final award.

Notably, while the husband made some suspicious bank transfers that could suggest personal relationships, it was not any alleged affairs that constituted serious litigation misconduct. He was sanctioned for misappropriation of funds and egregious litigation misconduct, as well as an overall pattern of behaviour that undermined the integrity of the proceedings, for example, posting personal photographs of the wife on Instagram and instructing a private investigator to loiter outside her home. These actions, not marital infidelity, contributed to the court’s finding that his conduct crossed the s.25(2)(g) threshold.

At Edwards Family Law, we frequently act for clients who raise conduct issues within their financial proceedings, and we are able to advise on the merits and prospects of any potential conduct claim. We can guide you on whether such arguments are likely to be relevant, proportionate, and effective in the context of your case.

In a recent matter we acted for a husband whose wife made serious but ultimately false allegations of abuse in Children Act and Family Law Act proceedings. She incurred disproportionately high legal costs pursuing these claims compared with the husband, and the court ultimately penalised her litigation conduct in the financial settlement.

3. When an affair can affect your settlement: financial misconduct

Although adultery itself almost never changes the outcome, how your spouse spent money during the affair can sometimes be relevant. This is often described as “dissipation of assets” or “financial misconduct”.

The amount of money that is dissipated has to be significant and cannot just comprise of gifts or holidays, examples of “financial misconduct” might include:

Significant monetary transfers to an affair partner

Using marital funds to purchase a property in the affair partner’s sole name without the other spouse’s consent

Setting up the affair partner in a business using marital funds

Where one spouse has used marital funds in this way, the court can take the dissipation into account when deciding a fair settlement. This might mean “adding back” the sums that have been spent so the innocent spouse is not unfairly disadvantaged.

For higher-value or more complex cases, forensic accountants, careful analysis of Form E financial disclosure, and targeted questionnaires can be used to unpick unusual spending patterns and uncover hidden assets or accounts.

Our lawyers have acted in a case where a husband deliberately made himself bankrupt in an attempt to frustrate his wife’s financial claim and spending lavishly (amounting to hundreds of thousands of pounds) on his affair partner. This was a rare instance in which the husband’s financial misconduct, linked to his affair, was relevant to the overall outcome of the case.

4. Does an emotional affair count as adultery?

Legally, no. Under the old divorce law, adultery was defined as voluntary sexual intercourse between a man and a woman. A close relationship involving messages, emotional intimacy, or even kissing, but without sexual intercourse, was not considered adultery.

However, this distinction no longer has a practical effect. Since no-fault divorce was introduced in April 2022, you do not need to prove adultery or categorise your spouse’s behaviour at all. You simply state that the marriage has irretrievably broken down. If an emotional affair has led to serious financial misconduct (described above), that spending can still be relevant to the monetary settlement, regardless of whether it was a physical or emotional relationship.

5. Will an affair affect child arrangements?

An affair alone will not affect custody or contact arrangements. The court’s priority is always the child’s welfare under the Children Act 1989, and having an affair does not make someone an unfit parent.

However, the circumstances around the affair can be important:

If the new partner presents a safeguarding risk because of their behaviour, substance misuse, or history

If the home environment has become unstable, with frequent arguments, moves, or emotional distress affecting the children

If a parent is prioritising the new relationship over their caring responsibilities, leading to neglect or unreliability

In such situations, the court may consider adjusting living arrangements and contact patterns, or imposing safeguards to protect the children’s well-being. The focus remains on stability, safety, and the children’s long-term emotional health, not on punishing a parent for having an affair.

Our team includes specialists in complex children’s matters. Our lawyers have recently acted in a matter where child arrangements and safeguarding had to be considered in light of the fact that a new partner was charged for a serious criminal offence. For more information, see our guide to child arrangements.

6. Can I sue my spouse for having an affair?

No. There is no legal claim for adultery in England and Wales. Unlike some US states, which allow claims for “alienation of affection”, the UK has no equivalent. You cannot sue your spouse or the affair partner for damages.

The only legal avenue is through divorce proceedings and the financial settlement process. If your spouse has misappropriated marital funds in the context of an affair, you can raise this as financial misconduct, but there is no separate claim for the emotional harm caused by infidelity.

7. The emotional reality versus the legal reality

There is often a painful gap between how betrayed spouses understandably feel and what the law can actually do about that betrayal. Many people expect the court to “compensate” them financially for the affair. Still, the legal focus is on meeting needs and achieving a fair, workable outcome for both parties and the children.

That does not mean your emotions are not valid. Feelings of anger, shock, grief, and confusion are widespread. Seeking therapeutic support alongside legal advice can help you process what has happened and make clear, informed decisions about your future.

“Some clients come to us expecting the court to financially penalise their ex-spouse for their behaviour during the marriage. We help them understand that the legal system focuses on practical outcomes, not moral judgements. That said, we fight hard to ensure any financial misconduct is fully accounted for.”

8. Practical steps if you have discovered an affair

Once the initial shock subsides, it can help to take some calm, practical steps:

1. Prioritise your wellbeing

Ensure you are eating, resting, and relying on trusted friends, family, or a counsellor. You do not have to make every decision immediately.

2. Gather key financial information

Gather all relevant financial documents that are readily accessible, such as bank statements, mortgage records, investment and pension information, and any business accounts that can reasonably be produced. This should be done in line with the principle from Imerman v Imerman, which provides that disclosure should generally be limited to documents that can be “found on the kitchen table,” without breaching your ex-spouse’s confidentiality or going beyond what is proportionate.

An “Imerman document” refers to a document in divorce or financial proceedings that is confidential and personal to one spouse, often business, personal, or financial records, which the other spouse cannot access without consent or a court order.

This is a complex area of law, and you should seek specialist legal advice regarding which documents you are entitled to access. At Edwards Family Law, we have extensive experience advising clients on the management and disclosure of “Imerman” documents.

3. Document any suspected financial misconduct

Keep a record of unusual withdrawals and transactions. However, avoid any unlawful access to accounts or devices.

4. Avoid retaliatory action

Try not to make significant financial decisions, move money, or confront the affair partner in a way that could escalate conflict or risk allegations against you.

5. Seek early legal advice from a specialist

Speaking to an experienced family solicitor at an early stage can help you understand your options, timelines, and likely outcomes before you decide whether to separate or divorce.

6. Consider emotional and relationship support

Whether you are considering reconciliation or separation, professional counselling can support you in processing the betrayal and thinking clearly about the future.

9. Frequently asked questions

Does cheating affect divorce settlements in the UK?

Generally, no. The court is not there to punish a spouse for infidelity, and adultery alone does not usually entitle the other spouse to a larger share of the assets. However, if the cheating spouse has engaged in serious financial misconduct related to the affair, this may be taken into account when dividing assets.

Can I get more money because my spouse cheated?

You are unlikely to receive more money just because of the affair, but you can raise concerns about assets that have been spent or hidden as part of the relationship. The court will still base its decision on needs, resources, and fairness overall, not on moral blame.

Is adultery still grounds for divorce in England and Wales?

No. Since the introduction of no-fault divorce in April 2022, you no longer need to prove adultery or unreasonable behaviour to obtain a divorce. A simple statement of irretrievable breakdown is enough, whether or not an affair has occurred.

How does an affair affect child custody?

An affair on its own does not usually affect child arrangements. The court will consider the children’s best interests, including whether the new relationship presents any safeguarding issues or instability that might affect the children’s welfare.

Can I claim compensation for emotional distress caused by the affair?

No. There is currently no separate claim in English family law for damages for emotional distress caused by adultery. While the emotional impact is very real, the financial settlement is based on needs, resources, and fairness rather than compensation for hurt feelings.

What if my spouse denies the affair?

It does not matter for the divorce itself, as you no longer need to prove adultery. However, if you are claiming financial misconduct, you will need evidence of the misappropriation of funds. This can often be discovered through the financial disclosure process by way of exchange of Forms E.

Does it matter if my spouse is now living with the affair partner?

This can be relevant to the financial settlement. If your spouse is now co-habiting, their housing costs may be shared, which could affect the court’s assessment of their needs. It does not, however, mean you are automatically entitled to more.

How Edwards Family Law can help

If you have discovered your spouse is having an affair and are unsure what to do next, our team can guide you through your options, from initial advice and financial disclosure through to negotiated settlements or court proceedings where necessary.

We provide discreet, strategic advice tailored to your personal and financial circumstances, with a particular focus on protecting children’s welfare and long-term financial security.

“For a confidential discussion about your situation, contact one of our partners Kelly Edwards, Daniel Chalmers or Sarah Walker, who specialise in complex financial remedy and high net worth divorce cases. Call [020 3983 1818] or email [contact@edwardsfamilylaw.co.uk] to arrange an initial consultation.” Edwards Family Law is authorised and regulated by the Solicitors Regulation Authority (SRA number: 658249).

Overview

In Loh v Ardal Loh-Gronager (following earlier reported judgments in Loh v Ardal Loh-Gronager [2024] EWFC 241 and Y v Z [2025] EWFC 221), Cusworth J heard a heavily contested final financial remedy hearing arising from a short childless marriage.

Cusworth J described the husband’s actions as amounting to “the most serious level of litigation misconduct that may be seen in these courts”. While the judge was swiftly able to conclude that the husband’s deplorable conduct merited significant sanction, he had to contend with whether this should solely be addressed in the arena of costs or also in the substance of the award made.

Background

The wife was extremely wealthy, with substantial business assets and trust interests. The husband, a former investment banker, entered the marriage with comparatively modest assets. The parties entered into a comprehensive pre-nuptial agreement in March 2019, expressly disapplying the sharing and compensation principles and defining “Separate Property”, “Joint Property”, and a limited “exceptional one-off fund” of £100,000 intended to provide short-term security on separation.

Although the parties had been living together for a few years before their marriage the marriage lasted approximately four years, and they had no children.

Under the pre-nuptial agreement, the husband’s accrued entitlement at separation was agreed to be £6,449,802, subject to accounting for sums already received.

Disputed Issues

The court was required to determine whether several substantial payments taken by the husband during the marriage were:

Gifts or Separate Property, as the husband contended; or
Unauthorised withdrawals, to be treated as advances against his entitlement under the pre-nuptial agreement.

The disputed sums comprised:

£655,000 withdrawn from joint accounts (2020–2021);

£750,000 withdrawn later to fund the running costs of the husband’s investment business;

£2.05m taken from mortgage funds under a power of attorney (November 2022); and

£1m transferred shortly before separation (April 2023).

Central to the husband’s case was his reliance on three emails said to evidence the wife’s knowledge and consent.

Key Findings

Creation and/or doctoring of emails: Cusworth J found that on the balance of probabilities, that the husband had created and/or doctored three emails relied upon to support his case. The originals had been deliberately destroyed, and the PDFs produced were found to be unreliable. This was described as serious litigation misconduct, undermining the integrity of the court process.

Joint Accounts and Separate Property: Cusworth J stated that even if the husband had understood that the money in the joint account was now joint property, he could not have sensibly thought that by taking it for himself it would become his Separate Property. The judge also rejected the husband’s case that those funds had been converted from joint to Separate Property by the husband taking them. He stated “the wife had made them available to meet joint expenses. If they were not so employed, but were removed from the joint accounts, then they would revert to being notionally hers in the absence of any different express agreement”.

Individual sums: In relation to the individual sums the judge found the following:

The £655,000 was systematically removed and invested by the husband without consent. The judge therefore treated this as sums taken on account of his pre-nuptial agreement entitlement.

The £2.05m that the husband was taken from the mortgage account was found not to be a gift. They were funds that were intended to continue to service the mortgage account. This was also treated as an advance on his entitlement.

The £1m that the husband took during the marital breakdown was found to be done under false pretences and again treated as an advance on his entitlement under the pre-nuptial agreement.

In relation to the £750,000 that was transferred for business running costs, although unauthorised, the court accepted that had the wife known that they were being used for this purpose she would probably have approved of that use.

Conduct and Fairness

Applying s.25(2)(g) MCA 1973 alongside the fairness test in Radmacher v Granatino [2010] UKSC 42, the court held that the husband’s conduct plainly crossed the threshold at which it would be inequitable to disregard it.

The conduct included systematic unauthorised withdrawals, concealment of financial activity, attempts to intimidate and distress the wife (including posting personal photographs of the wife on Instagram and instructing a private investigator to loiter outside of the wife’s London home on her birthday and pose as a member of the press).

While the judge declined to extinguish the husband’s entitlement to a settlement entirely, he found that fairness did require a partial substantive sanction beyond costs alone.

Outcome

Starting from the PNA entitlement of £6.45m, the court deducted:

£655,000

£2,050,417

£1,000,000

plus 50% of the £750,000 business costs (£375,000) to penalise the husband for his conduct.

This resulted in a final award of £2,369,385 to the husband.

The court indicated that there would be an indemnity costs order made against the husband, to be determined separately.

Key Takeaways

Conduct is rarely taken into account in financial remedy proceedings, reflecting the court’s consistent reluctance to allow litigation to descend into moral judgment or satellite disputes about behaviour.

Section 25(2)(g) MCA 1973 sets a deliberately high threshold, providing that conduct will only be taken into account if it is so serious that it would be inequitable to disregard it. This case is a striking example of that threshold being met.

The court found that the husband had engaged in egregious litigation misconduct, including the fabrication of evidence and deliberate attempts to intimidate and distress the wife during the proceedings. In those exceptional circumstances, the judge held that fairness required the husband’s entitlement under an otherwise valid pre-nuptial agreement to be adjusted, demonstrating that while conduct arguments will usually fail, they will succeed where behaviour fundamentally undermines the integrity of the process and the court’s confidence in the party advancing them.

Every case is different and will turn on its own specific facts. There is a question over whether a judge would take the same approach to this conduct if there was no pre-nuptial agreement or if the funds in the joint account had not all so clearly emanated from one party, in this case the wife. At Edwards Family Law we frequently act for clients who raise conduct issues within their financial proceedings, and we are able to advise you on the merits and prospects of any potential conduct claim. We can guide you as to whether such arguments are likely to be relevant, proportionate, and effective in the context of your case.

You’ve just received a substantial inheritance from a deceased parent or relative. It may represent family legacy, financial security, or funds intended for your children’s future. Then your marriage deteriorates, and you’re facing divorce. Here’s the critical question: Will you have to share your inheritance with your spouse?

The answer isn’t simple. Whether inherited money remains yours, is partially divided, or is fully divided depends on multiple factors, such as when you inherited it, how you used it, whether you mixed/mingled it with marital assets, and what the court decides is “fair.” This complexity makes inheritance one of the most contested issues in d ivorce settlements in family law.

This comprehensive guide explains how inheritance is treated in divorce, how to protect inherited wealth, and what to do if inheritance issues arise in your settlement negotiations/court proceedings.

The Basic Legal Principle: Is Inherited Money Separate Property?

The Starting Position

In English law, inheritance is considered non-matrimonial property. This means:

Money inherited during marriage remains, in principle, separate property. It’s not automatically shared equally with your spouse on divorce. However, the English court has substantial discretion to override this presumption if they believe fairness requires it. In some cases, inherited assets may be included in the division of assets, with the court making an unequal division if the circumstances or needs of the parties justify a departure from an equal split.

Robson v Robson (2010)

The landmark case of Robson v Robson confirmed that inherited property is not treated as matrimonial property, even if received during the marriage. However, the court also confirmed that:

Inherited property can be considered as an available resource. If it is necessary to meet a spouse’s financial needs, courts may make claims against inherited wealth. The weight given to inherited property depends on its use and the circumstances.

Bottom line: Inherited money is protected but not absolutely insulated from division in divorce.

How the English Family Court Treats Inherited Money: Key Factors

The court considers various factors when deciding whether inherited money remains yours or is divided:

1. When the Inheritance Was Received

During the marriage: The longer the marriage continues, the more likely inherited assets become intermingled with marital assets. If inherited assets are mingled then they will likely be available for division on divorce.

After separation: If you receive your inheritance after separation, it generally will remain separate unless one spouse cannot meet their needs from their share of the existing assets.

Once a “clean break” order has been made: Once a final financial order has been made with a clean break, all future financial claims between spouses are dismissed. Any inheritance received after that point is a post-order asset, and your ex-spouse has no entitlement to it. (Although this assumes that full and drank disclosure wad made at the time the order was approved).

2. How You Used the Inherited Money

This is critical. The court will distinguish between:

Money or assets that are “ring-fenced” (i.e. kept completely separate): This includes where funds are held in a separate bank account in your sole name and have not been mixed with marital assets and has not been used for the family’s benefit (for example payment of a mortgage secured against the family home).

Partially Mixed: An example of partial mixing is where you used some of the inheritance for a down payment on a family home and/or contributed to the payment of the mortgage from your separate inherited assets.

Fully Integrated: This would include a situation in which your entire inheritance was used to pay for a family home and/or used to meet family living expenses. You may also have spent your inherited funds on joint family projects or investments, thereby co-mingling them with marital assets. If you placed inherited money into a joint account and used it for shared expenses, the court may also find it more difficult to exclude it from consideration.

3. The Length of the Marriage

Short Marriage (1-5 years): If you divorce after a short marriage, the court will be more reluctant to divide assets not acquired during the marriage (unless there are children and it is necessary to invade inherited assets to meet needs).

Medium Marriage (5-15 years): How your inheritance has been deployed will be critical. The court may invade inherited assets to meet needs, especially if there are children of the marriage.

Long Marriage (15 or more years): The longer the marital partnership, the more likely the inherited assets will have been mingled and therefore treated as marital. It is also more likely that inherited assets will need to be invaded to meet a needs claim.

4. The Financial Needs of Your Spouse

This is crucial. Even if inheritance is technically separate property, if one party’s financial needs cannot be met from their own resources combined with their share of the matrimonial pot, the court may order that assets be divided equitably to prevent hardship.

This is divided into housing and income needs. If there is not enough money in the matrimonial pot and there are inherited assets, the court may order that a portion of the inherited property be used to meet needs. The inherited property will be divided to ensure your spouse is not left in financial hardship. If your spouse is financially independent or has adequate resources, inherited property is much more likely to remain untouched.

5. Whether You Have Other Matrimonial Assets to Meet Needs

If you have sufficient other matrimonial assets (marital property, retirement savings, other investments), the court is more likely to protect inherited property. If inherited wealth is your only significant asset, the court may be more willing to divide it (although depending on the value of your inheritance they will not necessarily divide it equally).

Civil Partnership and Divorce: How Inheritance Is Treated

The principles governing civil partnerships are the same as those for married couples. Still, there are important nuances to consider, especially when dividing matrimonial assets and inherited wealth.

When determining how to divide assets in a dissolution of a civil partnership or divorce, the court will consider the same factors as they would upon a dissolution of a marriage. As in divorce arising from marriage, the overriding principle is fairness, and the court’s primary aim is always to ensure that the financial settlement meets the needs of both parties and any children.

Pre and Post-nuptial agreements

Pre-nuptial and post-nuptial agreements can play a crucial role in protecting inherited assets in both marriages and civil partnerships. While such agreements are not binding in England and Wales, they are being given increasingly significant weight. Such agreements can clarify how inherited and other assets will be divided upon separation, providing greater certainty and protection for inherited wealth.

Protecting Inherited Wealth in Divorce

1. Keep Inheritance Completely Separate

If you’re anticipating or have received an inheritance it is important to try and “ring fence” your inheritance by keeping it entirely separate.

Bank Accounts: It is advisable to open a separate account in your sole name. You should not deposit marital funds into this account or allow your spouse to access the funds in that account. You should keep all your transaction records so that in the event of a divorce you can evidence that the funds have been ring fenced.

Investments: Invest inherited funds in separate investment accounts in your sole name. It may be sensible to invest via a different financial institution from the one used for marital investment accounts, although that is not essential provided your inheritance is clearly kept in a separate account. You should maintain clear records of the source of the investments.

Property: If you own real estate separately, it is advisable to keep or purchase the property in your sole name and it is essential that you do not include your spouse’s name on the title. Do not use inherited property as a marital residence (if possible).

Documentation: Keep copies of inheritance documents (will extracts, tax documents, transfer documents). Maintain records showing the source of the inheritance and document date of receipt and fund movements.

2. Create a Will or Trust Protecting Inherited Wealth

Before marriage or early in marriage:

Update your will to protect inherited assets for your children or heirs. Consider trust structures that protect inherited family wealth.

3. Enter into a Post-nuptial Agreement

If you’ve already received an inheritance (or expect one) and want clear protection it is advisable to enter into a post-nuptial agreement (agreement signed during marriage). This will document that inherited wealth remains separate property. The agreement should specify how inherited property is treated if the marriage ends. Both parties must receive independent legal advice for enforceability.

4. Avoid Co-mingling Inherited Funds

You should try and keep your inherited property separate from marital property by avoiding co-mingling. This means there will be less ambiguity as to the source of the funds in the event of a divorce and can lead to fewer disputes and lower legal costs in the long-run.

5. Full Financial Disclosure

Full and frank disclosure of inherited property is essential. If inherited assets are not disclosed and your spouse later becomes aware of this, they may make an application to the court to set aside the financial order.

If you are found to have been dishonest in your disclosure, there may be adverse costs consequences. In addition, it is likely to damage your credibility before the court and may result in you losing the judge’s confidence and sympathy over the longer term and you may get a worse result than if you had just been full and frank from the outset.

6. Obtain Legal Advice Early

If you are considering a divorce and you have inherited assets you should consult a family law solicitor early so that you can discuss with them how best to protect your inherited wealth and understand what is at risk.

The Role of Your Solicitor in Inheritance Matters

A specialist family law solicitor helps by:

Evaluating whether your inherited property is protected or at risk.

Gathering evidence showing the inheritance source and how funds were used.

Negotiating with your spouse’s solicitor to exclude or limit claims on inherited property.

Drafting agreements that protect inherited wealth.

If the spouse has received an inheritance, investigate and recover it.

Presenting evidence effectively if inheritance disputes go to court.

Why Choose Edwards Family Law for Inheritance Matters?

At Edwards Family Law, we have extensive experience protecting inherited wealth in divorce and family law proceedings.

Edwards Family Law specialises in protecting the interests of high net worth clients in family law matters, including inheritance protection, asset division, and pre-nuptial and post-nuptial agreements. Our team combines family law expertise with forensic financial analysis to protect clients’ interests and assets.

This article is for general information purposes only and does not constitute legal advice. Family law continues to evolve, and each situation is unique. For advice specific to your situation, contact Edwards Family Law.

In recent years, financial disputes arising from divorce or separation have continued to be dominated by Baby Boomers, many of whom hold substantial wealth in traditional assets such as property and equities. By contrast, younger adults typically hold a more varied and less conventional mix of assets. They may marry later or not at all and they frequently co-habit and have children without getting married. The evolution of this carries significant implications for modern family law.

A common theme among younger generations is the changing pattern of relationships, with shifting societal expectations and evolving gender roles, particularly for women. While fewer people marry at a young age, divorce remains common and reflects broader changes in how relationships are formed, maintained and dissolved.

At Edwards Family Law, we are increasingly advising younger clients whose financial circumstances differ markedly from those of their parents at the same age. Almost half of divorces happen in the first 10 years of marriage, and the average age at divorce is 45 for men and 42 for women. This shift is reshaping the issues that emerge during divorce and separation and heightening the need for tailored, nuanced legal guidance.

Younger people hold more diverse and non-traditional assets

Younger generations often possess a wider range of assets from their parents, including cryptocurrency portfolios, digital businesses, intellectual property, overseas holdings, stock options, and interests in early stage or high-risk private companies. Many also generate income from multiple sources, such as freelance work, online businesses, content creation, or influencer activity.

This diversification of assets and income streams can complicate the financial disclosure and negotiation process during divorce or separation, requiring careful analysis and a more bespoke approach to valuation and division. Money plays a central role in these proceedings, as English law has developed a strong emphasis on fairness in the division of assets on divorce. The Court recognises that non-financial contributions such as caring for children or running the household are important factors when determining a fair division of assets, alongside financial contributions.

Cohabitation without marriage

It is now common for younger couples to cohabit for many years and to have children together without marrying. During their relationship they may purchase property together, renovate or invest in one another’s homes, or establish joint business ventures.

However, because the Matrimonial Causes Act 1973 does not apply to unmarried couples, they cannot rely on the same legal framework as married couples when disputes arise. When unmarried couples split or separate, they cannot apply to the Court for spousal maintenance, lump sums or pension sharing for their own benefit. However, they can bring claims relating to their interest in a property and/or a claim for the benefit of children.

Where a dispute concerns property or land following the separation of an unmarried couple, a claim may be brought under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA), enabling the Court to determine the parties’ respective interests or order the sale of the property.

Additionally, Schedule 1 of the Children Act 1989 (“Schedule 1”) empowers the Court to make financial provision for the benefit of a child or children of unmarried parents who have separated, ensuring that suitable arrangements can be made even in the absence of marriage.

Applications made pursuant to TOLATA and Schedule 1 are becoming more and more frequent. However, these applications present a distinct set of challenges. They often require careful analysis of property rights, contributions, and intentions. Unlike matrimonial proceedings, the Court’s powers pursuant to TOLATA and Schedule 1 are more limited, making expert advice essential to achieving a fair outcome.

Pre-nuptial agreements

Since the landmark Supreme Court decision in Radmacher v Granatino (2010), pre-nuptial agreements have gained greater recognition and weight within English family law. The ruling established that, provided certain safeguards are met (including that both parties have entered the agreement freely, with a full appreciation of its implications, and without undue pressure), the Court should give effect to a pre-nuptial agreement unless it would be unfair to do so. Following this judgment, there has been a notable rise in the popularity of prenuptial agreements as couples seek to protect their interests from the very beginning of their marriage.

Now that it is commonplace for young people to live together and raise children without getting married, many younger people take a more pragmatic approach to marriage and are cognisant of the financial implications of taking this step. The idea of marriage and weddings has evolved, with many recognising that how couples begin their partnership, whether through a wedding ceremony or cohabitation, can set the tone for their future together. Younger people are also getting married later by which time they may have built up more non-matrimonial wealth. Many individuals feel they lack the self-knowledge necessary for a successful marriage in their 20s, and education gained from past relationships or experiences can inform better financial decisions and healthier partnerships moving forward.

The anticipated “Great Wealth Transfer” (the transfer of assets from Baby Boomers to younger generations) has also contributed to the growing number of younger couples entering into pre-nuptial agreements, who feel an obligation to protect the wealth that was not built up by them but by their parents. Many Millennials and Gen Z adults expect to inherit substantial assets during their lifetime, often in the form of property, investments, business interests, or family trusts. In anticipation of this, parents and grandparents are increasingly encouraging or requiring pre-nuptial agreements as a condition for preserving family wealth.

As a result, younger people are now approaching marriage with greater financial awareness and a desire to protect future inheritances or gifts that may otherwise become vulnerable on divorce. Pre-nuptial agreements provide a clear, legally recognised framework for safeguarding non-matrimonial assets, managing expectations, and reducing conflict should the relationship break down. For many, experiences from the past, such as previous relationships or divorce, have changed their expectations, leading to more realistic views in new partnerships. This shift reflects not only changing economic realities, but also a growing acceptance of pre-nuptial agreements as a sensible and responsible part of modern financial planning.

Clean break vs. Ongoing Spousal Maintenance

Younger divorcing or separating couples have many more years ahead of them to accumulate and build up wealth. Younger couples in their twenties, thirties and forties may well have high incomes but a lower asset base than their parents. They may also have young children and the legal issues arising from this can be challenging. When going through divorce, individuals must deal with: the initial shock and the adjustment to new circumstances. Although the court has a statutory duty to consider if a clean break is appropriate under Section 25 of the Matrimonial Causes Act where there is a low asset base and a significant disparity in a divorcing or separating couple’s income the court may order ongoing spousal maintenance.

However, if the parties divorcing or separating are young it is likely to be for a relatively short term. A short period of spousal maintenance can provide necessary security while the financially weaker party adjusts, returns to work, or takes on childcare responsibilities. The Court will still aim to move towards a clean break when it becomes fair to do so, but in the short to medium term, maintenance may be essential to meeting needs and ensuring a just outcome.

Why specialist legal guidance matters for younger couples who are divorcing and separating

Younger couples face unique financial and legal challenges in divorce and separation, from diverse assets to childcare responsibilities. Emotions can run high during these moments, making it crucial to have a supportive team by your side. Specialist legal guidance is essential to ensure fair outcomes, protect future wealth, and navigate the complexities of modern family life. At your lowest point, maintaining hope and resilience is vital, and having friends and professionals who understand what you are going through can make all the difference.

At Edwards Family Law, we support younger clients by helping them:

Understand their rights regarding pre-marital and marital assets
Deal with issues surrounding business interests or equity packages, addressing both the practical and emotional aspects that matter
Navigate issues around short or medium length marriages
Ensure long-term financial stability after divorce or separation
Negotiate fair settlements arising from divorce or separation without unnecessary conflict

The legal system now actively encourages separating couples to use mediation and collaborative law to resolve matters outside of court, helping families deal with conflict more amicably. Additionally, the family court system has moved towards digitisation, with online application portals and virtual hearings becoming increasingly common, making the process more accessible.

If you are a younger professional or entrepreneur navigating divorce, or if you want to protect your assets before marriage, Edwards Family Law is here to provide clear, expert guidance tailored to your circumstances. Our dedicated team of professionals is committed to helping you make positive things happen, with friendship, hope, and support at the heart of everything we do.

Spouses who are seeking a divorce outside of England and Wales need to be aware of the potential pitfalls associated with Part III of the Matrimonial and Family Proceedings Act 1984 or “Part III”.

Even if you live abroad, if you do retain connections to England or Wales you should still take specialist family law advice in this jurisdiction to assess your position.

You should instruct a family lawyer who is experienced in dealing with the complexities of international divorce, including jurisdictional issues and financial claims.

Part III applications are a potential route for individuals who have been divorced overseas to seek financial provision in England and Wales.

What is Part III of the Matrimonial and Family Proceedings Act 1984?

The purpose of Part III is to help a party who has received no or inadequate financial provision in a foreign court where there are substantial connections to the UK.

Part III also applies to those who have obtained a legal separation abroad, allowing them to seek financial relief in England and Wales.

An applicant who has an overseas decree for divorce, annulment or legal separation can make an application if they can prove one of the jurisdictional requirements.

The jurisdictional requirements for a Part III claim are set out in section 15(1) of the MFPA 1984.

The two stages of a Part III application

The Permission Stage

The court’s permission is required to make an application under Part III. In order to grant permission, the court will need to consider that there is a “substantial ground” for making an application. “Substantial ground” is not defined within the statute and so we have to look to the case law to interpret this.

In the ongoing case of Potanina v Potanin, the Supreme Court clarified the threshold for applying for permission to bring proceedings. In this case the parties married in Russia and lived there throughout the marriage. During the marriage, the husband accumulated wealth estimated to amount to in excess of $20 billion. Most of the assets were held in various trusts and corporate vehicles, through which the husband was the beneficial owner. The parties divorced in Russia in 2014. The wife received only a tiny fraction of the overall wealth.

In 2014 the wife obtained a UK investor visa and bought a property in London, shortly thereafter she made London her permanent home. In October 2018, the wife made an application to bring a claim under Part III based on her habitual residence in England. The case eventually made its way to the Supreme Court (and has subsequently been heard again in the Court of Appeal). The Supreme Court confirmed the guidance given in the case of Agbaje v Agbaje [2010] UKSC13 (“Agbaje”) that the word “substantial” means “solid”. However, the Supreme Court clarified that the threshold is higher than merely satisfying the court that the claim is not totally without merit or abusive, but it does not need to be as high as “good arguable case”. The test is more akin to the “real prospect of success” test for resisting summary judgment.

The Supreme Court also found that the previous practice of applying for permission without notice to the other side was procedurally unfair. Given the Supreme Court’s comments about this, going forward all permission hearings are likely to be heard on notice.

The Substantive Stage

Once permission has been granted, the court will rigorously evaluate the merits of the case. Before it makes an order, the court must consider whether in all the circumstances of the case it would be appropriate for the order to be made by a court in this country. In Zimina v Zimin [2017] EWCA Civ 1429, the Court of Appeal emphasised the statutory requirement to consider “all the circumstances of the case”. In deciding what is appropriate the court will approach the matter broadly and have regard to the statutory purpose of Part III to alleviate hardship in cases of foreign divorce.

The court has a broad discretion and may make orders analogous to those available on an English divorce, subject to the purpose and constraints of Part III. However, if the jurisdiction for an application is based solely on the basis of the matrimonial home being in England, the court’s powers are more limited.

The Court’s Approach

In the case of Agbaje the Supreme Court emphasised that Part III must not be abused and that it is not the purpose of the statute to allow a party with some English connections to take advantage of what is perceived to be a more generous approach of the English and Welsh courts to financial provision. Nor should it be used to obtain a “second bite of the cherry”.

However, in a case where the English connections are strong, there may be no reason why the application should not be treated as if it were made in ordinary English financial remedy proceedings. In making an award under Part III the court must consider section 16 of the MFPA 1984 which requires it to have regard to (amongst other things): (i) any financial provision already received pursuant to the foreign divorce: (ii) the connection the parties have to England and to any country outside England and Wales; (iii) the availability in England and Wales of any property in respect of which an order in favour of the application could be made; (iv) the extent to which the order made is likely to be enforceable. The court often draws guidance by analogy from section 25 of the Matrimonial Causes Act 1973 if the English connections are strong.

Practical Considerations

If you do have strong connections to England, it may be worth considering whether it is worth pursuing a foreign divorce given the ability of the English courts to make further financial provision pursuant to Part III. In that situation a family could end up incurring the cost of two sets of legal proceedings. This is something to consider carefully at the outset of a divorce even if you are living abroad. Enforcement options for financial orders under Part III include freezing assets and selling properties to satisfy the court’s decision.

An applicant who has an overseas divorce can make a Part III application if they can evidence a sufficient connection to England and Wales. Part III applications allow individuals who have divorced abroad to seek financial relief in England and Wales if they meet specific jurisdictional criteria. The Potanina v Potanin ruling may impact the frequency and success of Part III applications.

Our Expertise

At Edwards Family Law, we have significant experience advising on complex Part III applications. This includes our Partner, Sarah Walker, who worked on the landmark Supreme Court case of Potanina v Potanin, and including when it was later remitted to the Court of Appeal.

Pension: what happens if my ex removes money from their pension before the order is implemented or does not cooperate with the implementation of a pension sharing order?

Pensions have been a hot topic in recent months, with the long-awaited budget changing the rules for employee contributions. From April 2029, the amount exempt from National Insurance contributions will be capped at £2,000 a year. You or your ex may choose to divert some of your salary over the next three years to make the most of this tax incentive to bolster your pension. In England and Wales, all pension assets that are built up during the marriage are taken into account on divorce.

Pensions are often one of the most significant assets for separating couples, after the family home. In fact, pensions are often amongst the most valuable asset in a divorce or dissolution. Even if pension assets were built up during the marriage, the Court will consider the entirety of the pension assets when assessing a fair distribution of assets to meet needs.

Ensuring your pension rights are secure after your separation is extremely important. Many people do not realise that an ex can technically access or draw down from their pension before a pension sharing order is implemented, and when it happens, the financial consequences can be serious. There are legal routes to address this, and acting quickly can make a huge difference.
A pension sharing order is a formal court order required for the division of pension assets, and it cannot be implemented by pension providers without this court order. All joint assets, including pensions, are considered in the financial settlement as part of the overall divorce settlement involving other assets and other marital assets.

What is a pension sharing order

When you divorce, there are several approaches to dividing pension assets. One of the most common is a pension sharing order. A pension sharing order is a formal court order required to divide pension assets, and it can apply to a range of pension schemes, including registered pension schemes, occupational pension schemes, personal pensions, and retirement annuity contracts. Please see our article here; “How International Pensions Are Divided Upon Divorce” for more information about the other options for dividing pensions.

A pension sharing order provides one spouse with a percentage share (also known as a pension credit) of their ex’s pension pot. The final order should set out:

the percentage of pension to be transferred to you; and

include wording that your ex should not intentionally claim, draw down, transfer or deal with the pension before implementation of the order.

When does the pension sharing order need to be implemented by?

The implementation period for pension sharing orders is up to four months beginning with the later of the day on which the order takes effect (either from the date of final order in divorce proceedings or 28 days from the date of the order) or the first day the pension trustees receive all the necessary documents.

During the implementation period, the pension provider must transfer the pension share into a new or existing pension scheme, which may include the original pension scheme, depending on the recipient’s preference and scheme rules. Most pension schemes charge implementation fees for pension sharing orders, typically ranging from £300 to £1,500. The implementation period is generally four months from the date the order is received by the pension provider, although some providers may complete the process more quickly in straightforward cases.

What if my ex removes money before the order is implemented?

Pensions are a complex area of law. If your ex removes money from their pension before the order takes effect, correcting the issue becomes complicated.

Each case is unique, however one route to rectify the problem is to apply to court to set aside the order pursuant to the “Thwaite” jurisdiction. In exceptional circumstances, the court could exercise this jurisdiction if an order has not yet been implemented or it has only been partly implemented. In the recent case of AP v TP [2025] EWHC 190(b) the court exercised its jurisdiction under Thwaite to set aside a pension sharing order after the final divorce order had been pronounced, in circumstances where the wife refused to cooperate with the pension sharing order’s implementation and the husband could not retire without access to the pension funds.

Alternatively, if the court cannot set aside the order, you may be able to seek a lump sum to compensate you for the loss caused by the withdrawal. Whether this is appropriate will depend on the type of pension involved, the extent of the loss, and the overall financial circumstances of the case. It is also important to note that even if a lump sum is awarded, you may not be able to pay it back into a pension in full without triggering tax charges or breaching pension contribution limits. For this reason, you should seek specialist legal advice before taking any action, to ensure you understand the most effective and tax-efficient way to resolve the issue. For complex pensions, it may be necessary to appoint a Pension on Divorce Expert (PODE) or actuary to assist with valuation to ensure a fair outcome. Legal representation is crucial in navigating the court process and protecting your interests during proceedings related to a pension sharing order.

Why Early Legal Advice Matters

The longer the delay, the more complicated the problem becomes. Pension schemes have different rules, and the financial impact can snowball if not addressed promptly.

How can Edwards Family Law help?

As a boutique family law practice, Edwards Family Law has a lot of experience dealing with complex pension sharing orders, including resolving issues when someone transfers money out before implementation.