These legal contracts forbid signatories from disclosing confidential, sensitive or proprietary information.

But did you know that they have also begun to find a place in divorce settlements? The trendsetters were wealthier divorcees who began to see the potential utility of the NDA in helping prevent confidential business data and personal information from leaking out into the public domain.

Who can make an NDA?

NDAs may be proposed by a spouse (or ex-spouse) to prevent disclosure of private or sensitive information arising during the marriage or separation. Examples include:

• Details of extra-marital affairs, addictions, or mental health issues
• Confidential business plans, investments, or relationships that the disclosing party considers commercially sensitive
• Communications or conduct that one party deems potentially reputationally damaging if aired publicly or on social media

Sometimes an NDA is drafted as a separate standalone agreement; at other times it is folded into a wider financial settlement or divorce agreement as a confidentiality clause. In many high-value divorces, parties negotiate not only who gets what financially but also how much can or cannot be said later.

An NDA can be standalone or part of a larger legal framework – so, for example, a divorcing couple intent on an NDA might ask their legal representatives to draft a standalone document, or they may choose to incorporate the agreement into the financial settlement itself.

Non-disclosure agreements can only be used to protect information concerning legitimate business activities: anything illegal is excluded by definition. Because family courts place emphasis on transparency and fairness, the use of NDAs in this context is fraught with complications.

Confidential in the courtroom

But why? As any divorce lawyer will confirm, being casual and careless with the details of your divorce settlement is already frowned upon. Everyone involved in financial settlements has a “duty of confidentiality”, a requirement placed upon them to protect the details of this component of divorce from disclosure. But this duty applies only to the financial settlement, the part normally referred to as “financial remedies” by family lawyers. Any confidential or sensitive information that might come to light outside it will not be protected by this standard duty. This means that an NDA can be an attractive additional tool.

NDAs cost money to draft effectively, and their whole purpose is to conceal information that might lead to financial loss or be generally damaging if it became known. Even though NDAs can apply equally to both parties, restricting disclosure by either, within a family the incentives are clear, and this means there is often an imbalance of power if one spouse is wealthier and they insist the other sign an NDA. But equally, a canny spouse will cotton on to the underlying message of an NDA demand: that they are in possession of valuable information and so have power too.

In any case, the appeal of the non-disclosure agreement is by no means restricted to the wealthy, and we have one thing to thank for that: the ubiquity of social media. Reputations can be significantly damaged by a single post on Twitter, Facebook or Instagram– and that damage may linger for years, even if the subject of the post is not especially noteworthy. A timely NDA can help the vulnerable avoid such risks.

Legal enforceability and limits under family law

One of the key constraints is that in divorce/ancillary relief proceedings, both parties are under a legal duty of “full and frank disclosure” to the court (and to each other) of all relevant financial information, assets, liabilities, and income streams. That duty is foundational for fair financial orders to be made. If an NDA attempted to supplant or limit that duty (for example, by preventing one party from disclosing a certain asset), it would likely be ignored by the court.

If, after a financial order is made, it emerges that one party concealed assets or misled through non-disclosure; the court retains power to revisit or set aside the previous order or impose costs sanctions. Courts have shown willingness to reopen settlements if the non-disclosure was material and would have led to a different outcome.

Thus, an NDA cannot realistically override or displace this core disclosure duty in financial remedy proceedings.

Public interest in openness  and court transparency

Another key constraint is that family courts today embrace a measure of publicity and scrutiny. While not all hearings are in open court, judgments and orders may be published (often anonymised or partially so). In some cases, parties may request that judgments anonymise names or redact certain details, but a blanket prohibition on disclosing any information may conflict with the court’s duty to make its decisions intelligible and accessible.

Additionally, family judges are wary of gagging orders that unduly stifle access to justice, oversight, or accountability. If an NDA attempts to silence a party from providing truthful evidence or giving witness statements in future proceedings, a court may rule it contrary to public policy.

Illegality and unenforceability

An NDA cannot lawfully cover or protect wrongdoing (e.g. concealment of crime, violence, or fraud). If the subject matter of the NDA includes criminal activity, or where a signatory is a victim of abuse, courts may render parts of it void.

In addition, regulators (such as the Solicitors Regulation Authority) have issued warnings about unfair or oppressive confidentiality terms, especially where one party was under pressure or unequal bargaining position. Unjust time limits, too-harsh penalties, or shifting burden of interpretation have been flagged as potentially abusive. Therefore, even where an NDA is agreed, sections of it may be judged void for being beyond legitimate bounds or against public policy.

Nuptial agreements

Pre- and postnuptial agreements have no automatic legal standing in family courts. Judges must be convinced the parties were fully informed and that they make fair provision for both spouses. Despite this, they have been a familiar inclusion in divorce proceedings for years, and they have never been more popular.

However, nuptial agreements should not be confused with NDAs: nuptial agreements attempt to define who will receive which assets (money or property) in the event of a divorce. Nevertheless, it has become increasingly common for NDAs to be incorporated into nuptial agreements, especially amongst divorcing spouses who fear that a heavy-handed nuptial agreement may not cast them in the best light, or who simply wish to ensure the security of sensitive information.

Practical risks and pitfalls in family cases

Power imbalance & coercion

In divorce or separation, especially where one spouse is financially dominant or legally better advised, asking the other to sign an NDA can carry implicit coercion (e.g. “sign this or you lose your settlement”). This raises real risks of undue influence or duress arguments, which may lead a future court to set aside the NDA or find it voidable. The weaker party may have little room to negotiate terms, and may not fully appreciate the legal consequences.

Hidden future liability & enforcement difficulty

A spouse may agree to a confidentiality clause without fully appreciating risks of future change. If circumstances evolve (e.g. need to litigate child welfare matters, or respond to defamation or harassment), a previously agreed NDA might hamper important disclosures or defences. Moreover, enforcement of an NDA can provoke further litigation: if one side breaches, the other may sue for damages or injunctions, but enforcement via court may itself necessitate revealing the very material that is supposed to be secret (thus undermining the purpose).

In large disputes, forensic accountants and disclosure protocols may wrestle with limiting confidentiality while giving parties access to key documents. The party insisting on wide secrecy may find the court demands search, audit or disclosure that exceeds what they had hoped.

Reopening final orders

Even after a divorce is legally final, the discovery of undisclosed assets or misconduct can allow the innocent party to petition to reopen the settlement. The existence of an NDA will not necessarily block that reopening, especially when the non-disclosure was material. The court can ignore a confidentiality clause to protect fairness and integrity of the legal process.

Reputation vs rights to speak

One of the motivations for NDAs is reputational protection. But parties must balance that against the right to speak (particularly to legal advisers, child welfare professionals, or others) in future settings. Too restrictive a clause could stifle necessary disclosures (for example, in separation from a domestic abuse or safeguarding situation). Courts may refuse to enforce an NDA clause that unduly gags a person’s ability to respond to allegations or defend their own interests in future court or statutory proceedings.

Legal perspectives

An NDA may have a legitimate role as a tool for protecting privacy, reputation or commercial interests in a family settlement, but it must be structured and balanced very carefully. In many cases, attempting a “blanket silence” is bound to run into judicial resistance or later litigation, so restraint, precision and fairness are essential.

Legal advice may cost money, but it can pay dividends if you are set on the use of an NDA in your divorce. A good lawyer will work to steer reluctant parties to the dotted line, addressing concerns and offering mutually acceptable compromises. They will be able to ensure the NDA is drafted in a way that will be acceptable to family court judges. A key part of this process is ensuring that both parties receive independent legal advice.

An expert lawyer will also provide guidance on the sensitive issue of enforcement if an NDA is breached. If not handled correctly, any measures taken, such as court action, could lead to further confidential information escaping into the public domain, so caution and careful consideration are essential.

The post Non-disclosure agreements and the family courts appeared first on Major Family Law.

Giving evidence in family court is a significant part of the legal process and can greatly affect the outcome of a case. It allows the judge to assess the credibility of the parties and other witnesses, understand the issues from different perspectives, and make findings of fact when disputes arise. Given the high stakes, it is important for those involved to understand not only what is expected of them but also how to approach giving evidence effectively, honestly, and respectfully.

This guide explores the key aspects of giving evidence in the family court, considering both private and public law cases, practical preparation, courtroom etiquette, and the potential challenges that may arise.

The nature of family proceedings

Family proceedings are typically heard in private, meaning that members of the public and media are not usually permitted to attend. This aims to protect the privacy of the parties, especially children, and to encourage honest and open disclosure.

In family law cases, evidence can be provided through various means:

• Written statements (including witness statements and position statements)
• Documentary evidence (financial documents, school reports, medical records, police reports)
• Oral evidence (given in court under oath or affirmation)

While written evidence forms the backbone of the case, the giving of oral evidence is often crucial when there are disputed facts or allegations, or when the court needs to assess the credibility of individuals.

Understanding the role of evidence and witnesses

In family court proceedings, the evidence presented forms the backbone of judicial decisions, whether concerning child arrangements, domestic abuse injunctions, or financial arrangements. The court requires clarity, relevance, and credibility in the material submitted.

Oral vs. written evidence

• At final hearings, evidence is usually delivered orally by witnesses; at interim hearings or pre-hearing stages, it may be submitted in writing via witness statements.
• Witness statements must comply with Practice Direction 22A, and must be verified by astatement of truth.

Witness statement essentials

• A witness statement sets out what factual events the author witnessed—what was seen, heard, or perceived—and why that matters to the judge’s decision.
• It must be prepared carefully and include a statement of truth; omission of these formalities can result in the court rejecting the evidence.

Preparing your evidence

Timing and procedure

You typically receive notice from the court about when to prepare and submit your witness statement. Missing deadlines can result in your evidence being excluded unless the court allows otherwise. If additional evidence becomes relevant, you can request the court’s permission to submit further statements. This could happen, for example, if a partner breaches an order or an incident takes place that is relevant to the proceedings.

Content & structure

• Your statement should stick to facts—not speculation, opinion, or emotion. Be clear, concise, and chronological.
• If you include documents (e.g., messages, records), they must be clearly labelled, organised, and compliant with court-formatting requirements.

If you are representing yourself, you should follow available guidance: outline facts, specify the orders you seek, and explain why the evidence supports them.

Court directions & alternative evidence methods

Under Part 22 of the Family Procedure Rules, the court may issue directions regarding which issues require evidence, the nature of that evidence, its format, and order of presentation.

The court can exclude evidence it considers unnecessary or prejudicial.

Alternative evidence formats

The Evidence Act 2006 allows for evidence to be given through means such as video recordings, behind screens, or via live links, particularly useful for vulnerable witnesses.

Children as witnesses

Special protections exist for children giving evidence. Measures include allowing them to speak from separate rooms, avoiding direct questioning by allegedly abusive parties, and ensuring communication is age appropriate

Expert evidence

Expert witnesses provide opinion evidence in areas beyond the judge’s experience (e.g., child psychology, medical assessments) and must be qualified and independent. Often, the court will appoint a single joint expert. But if vital evidence requires further scrutiny, additional experts may be instructed.

As of March 2025, proposals are under consultation to ban unregulated experts in child-related family cases, unless exceptional reasons justify it. Experts must belong to regulated bodies (e.g., HCPC) or accredited registers.

Role of the witness or party giving evidence

A calm and collected approach is best when giving evidence in a family court. A witness is there to present their side of the story to the judge and lawyers present, so a case needs to be made clearly and coherently.

In family court, the witnesses may include:

• The parties themselves (e.g., parents in child arrangement disputes or spouses in divorce financial cases)
• Professionals (social workers, Cafcass officers, teachers, doctors, police officers)
• Other lay witnesses (friends, relatives, neighbours)

Regardless of status, anyone giving evidence must be prepared to answer questions from both their own legal representative (examination-in-chief) and the other side (cross-examination). The judge may also ask questions directly.

Preparing to give evidence

Unless you are a very confident public speaker, you may find it helpful to make notes beforehand, to organise your thoughts and ensure you have a clear sense of everything you will need to cover in your evidence. These can be long and detailed or simple bullet points – choose the approach that feels most comfortable to you.

If you are likely to be questioned – or ‘cross-examined’ – by lawyers for the opposing side when you appear in court, it might be sensible to think through the likeliest questions beforehand and consider how you might respond. The best qualified person for this process is a solicitor, so ask yours for guidance if you have one.

Understanding your statement

It is essential that the witness:

• Reviews their statement carefully before the hearing
• Familiarises themselves with key details, dates, and events
• Checks for accuracy and ensures they can explain or clarify points if questioned
• Raises any concerns about errors or omissions with their solicitor or legal adviser beforehand

Considering the evidence bundle

In most family cases, there will be a court bundle containing all relevant documents. Witnesses may be referred to this during their evidence. Being familiar with the contents of the bundle can help avoid surprises and allow the witness to respond accurately to questions.

Preparing emotionally and mentally

Giving evidence in family court can be daunting and emotional, particularly when sensitive topics such as allegations of domestic abuse, neglect, or personal conduct are involved. It is advisable for witnesses to:

• Seek support from their legal representative about what to expect
• Practice answering questions calmly and clearly
• Prepare emotionally by considering coping mechanisms (e.g., breathing techniques, having support available after the hearing)

Don’t worry, you don’t need to be an emotionless robot in the witness box. Judges and lawyers expect a human being, and a tear or catch in the throat is entirely understandable, particularly if you are discussing an emotive topic such as access to your children. But any emotion you may feel should not get in the way of presenting the facts of your case or presenting your evidence coherently and constructively.

Giving evidence in court

You will be called to the witness box (assuming this is a face-to-face hearing, not via video conference). Unless you are giving evidence on your own behalf, you will have been allocated a seat in the waiting room outside. Witnesses are not normally allowed to attend hearings that do not directly concern them. Generally, you will not have to wait too long – and certainly no more than a couple of hours.

The oath or affirmation

Once in the witness box, you will be asked to swear the traditional oath to tell “the truth, the whole truth and nothing but the truth”. This is an important ritual that conveys the solemnity of the occasion and the importance of honesty. Traditionally, this is done on the Bible, but you can also swear an oath on the holy book of another faith if you prefer. In addition, people who do not practice any religion can now simply “affirm” that their evidence will be truthful. Lying in court is a serious offence, and a case of perjury will be dealt with severely.

Examination-in-chief

This is the initial stage where the witness gives their evidence. In most cases, the written statement will stand as the witness’s evidence-in-chief, meaning they will simply confirm that the statement is true and correct. Rarely will the witness be asked to elaborate much at this stage unless there are updates or clarifications.

Cross-examination

Any cross-examination will follow your evidence, with counsel or solicitors for each side taking turns to ask you questions.

Cross-examination is where the other party’s legal representative (or the party themselves, if representing themselves) asks questions. This can be the most challenging part, as the purpose of cross-examination is to test the evidence, challenge inconsistencies, and put forward the other side’s case.

Key points for witnesses during cross-examination:

• Listen carefully to each question before answering
• Take time to consider your response—there is no need to rush
• Answer the question that is asked, directly and honestly
• If you do not know the answer or cannot recall, it is acceptable to say so
• Do not argue with the questioner or become defensive
• Remain calm, polite, and respectful at all times

Questions from the judge

The judge may also ask questions to clarify points or to ensure they have understood the evidence fully. Witnesses should answer these with the same care and honesty.

Re-examination

After cross-examination, the witness’s own representative may have the opportunity to ask follow-up questions. This is limited to clarifying matters arising from cross-examination.

Once the questions have been completed, you will be allowed to leave the witness box. Occasionally, you may be asked to remain on hand for supplementary questions if additional issues have come up.

Courtroom etiquette and practical tips

Addressing the court

When giving evidence:

• Address the judge as “Sir” or “Madam,” or by their title if known (e.g., “Your Honour,” or “Judge”)
• Address legal representatives formally (e.g., “Mr Smith,” “Ms Jones”)
• Avoid making comments directly to the other party or witnesses unless instructed

Presentation and conduct

• Dress appropriately for court (smart but comfortable clothing)
• Switch off mobile phones and devices
• Avoid any interruptions or gestures while others are giving evidence
• Speak clearly and loudly enough to be heard, especially when the hearing is remote or hybrid
• Resist any temptation you may feel to digress. Stick to the topic at hand and get to the point as quickly as you can. Courts are busy, and time is money.
• It’s okay to be nervous. Be honest and say if you are; most lawyers and judges will take this into account.
• If you are cross-examined, do not take such probing personally. No one is on trial in a family court. Testing evidence is an important part of court procedure: it allows judges to establish the facts and reach a fair verdict quickly.

Managing emotions

It is understandable that giving evidence in family court can evoke strong emotions, including anger, sadness, or frustration. However, maintaining composure is important, as the judge will observe demeanour and reactions carefully.

If you feel overwhelmed, it is acceptable to ask for a short break through your representative or the judge directly.

Special considerations and vulnerabilities

The court must assess if a party or witness is vulnerable (e.g., victims of domestic abuse, those with disabilities), and consider making participation directions to support their involvement and the quality of their evidence.

This may include simplifying language, using intermediaries, or providing breaks.

Communication intermediaries

For parties with communication difficulties (e.g., disabilities, learning needs), courts may arrange for a registered intermediary to assist in facilitating understanding and responses.

Support for neurodiverse parties

Advocates are advised to consider reasonable adjustments early on—these may reduce the need for formal intermediaries and support effective engagement.

Special measures

In cases where there are allegations of domestic abuse, or where a witness is particularly vulnerable (e.g., because of mental health issues, learning difficulties, or age), the court may grant special measures, such as:

• Giving evidence from behind a screen
• Using video links
• Having a supporter present (though they cannot coach or assist with answers)

Such measures aim to ensure the witness can give their best evidence without undue distress or fear.

Cross-examination by the alleged abuser

Recent legislative changes (as reflected in the Domestic Abuse Act 2021) prohibit alleged perpetrators of abuse from cross-examining their alleged victims in person. Instead, the court must appoint a qualified legal representative to conduct cross-examination on their behalf, funded by the state if necessary.

Common mistakes to avoid

• Over-preparing scripted answers: Witnesses should avoid rehearsing answers word for word. Over-rehearsed evidence can come across as inauthentic.
• Becoming argumentative: Even if questions feel unfair or provocative, arguing with the questioner may undermine your credibility.
• Exaggeration or omission: Stick to the facts as you know them; exaggeration or conveniently leaving out details can harm your credibility.
• Speculating: Do not guess or speculate; stick to what you directly know or observed.

It is natural to feel nervous, but with good preparation, clear communication, and honest engagement, witnesses can contribute effectively to the judicial process.

Judges in family court understand the emotional complexities of these cases and are trained to listen carefully, assess credibility sensitively, and make decisions in the best interests of children and families.

Ultimately, the goal of giving evidence is to assist the court in finding the truth and making fair, informed decisions. By approaching the process with integrity, honesty, and respect, witnesses can fulfil their role effectively.

The post How to give evidence in the family court: A comprehensive guide for witnesses and parties appeared first on Major Family Law.

Helping the children

In the emotional fallout of divorce and separation, children are the innocent bystanders. Even very young children may be acutely aware of tension and unhappiness in the home, and most will struggle to make sense of the unsettling ways in which their family is changing. It’s palpable and yet deeply confusing if you’re too young to understand.

Children draw their sense of security from their parents and will naturally look to them for answers. It’s your job as Mum or Dad to protect your children and make the separation as easy and stress-free as you can. Sadly, some parents become so caught up in their own dramas, they fail at this task.

Centre the child’s welfare as your number one consideration

Under the Children Act 1989, the court must always place your child’s welfare as the foremost priority—this is known as the welfare principle. Section 1(3) includes a checklist: the child’s wishes and feelings (in light of age and understanding), emotional, educational, and physical needs, likely effect of change, harm suffered or risked, and each parent’s ability to meet those needs.

Your watchwords should be:

• Communication
• Reassurance

All but the oldest and most emotionally aware youngsters will have little understanding of the problems that have driven their parents apart: all they will know is that parents they loved are no longer everyday figures in their lives. Their home, their centre of their world, has come apart. The reassuring duopoly of Mum and Dad is no more.

Explain what is happening in an age-appropriate way. This will help your children to manage their own emotions and anxieties about the situation. In the absence of clarity, children often turn to their vivid imaginations to interpret the behaviour of their divorcing parents. Many youngsters worry that the separation is somehow their fault – that they caused it, somehow, by not being good enough. Others will worry about their new living arrangements, or about when and where they will see the parent who has moved out. Does that parent even still love them?

What you can do:

• Frame all proposals around your child’s routine and emotional stability
• Emphasise continuity—school, extracurriculars, close family links—and how proposed arrangements minimise upheaval
• When legal advice is sought, ask your solicitor to use wording and structure that aligns with the welfare checklist

Developing a detailed, child‑centred parenting plan

A parenting plan lets both parents agree on weekly contact schedules, responsibilities, extracurricular logistics, holidays, and rules for electronic communication.

• Include contingency plans: What if one parent is late or contact is cancelled?
• Avoid using children as messengers or middle‑people—explicitly state this in the plan.
• Agree not to undermine the other parent in front of your child, and keep negative comments out of earshot.

Use mediation to reach agreements outside court

Family mediation is a voluntary, impartial process that helps parents settle child arrangements and other issues without litigation.

Key advantages include:

• If you attend a MIAM (Mediation Information and Assessment Meeting), this often fulfils pre‑court requirements and avoids court delays or extra hearings.
• Mediation can be quicker, cheaper, and less adversarial, reducing emotional strain on children.
• It’s more flexible: decisions can be tailored to your family’s needs rather than imposed by a judge.

Minimise children’s exposure to conflict

High‑conflict divorce has documented negative effects on children’s mental health. Family law guidance strongly emphasises shielding children from parental disputes.

Practical steps:

• Schedule difficult discussions away from children; don’t argue in their presence.
• Use communication tools or parenting apps designed to keep exchanges neutral.
• Agree boundaries: for instance, no negative comments about the other parent—even indirectly—during handovers or around children.

Shared residency, where a child lives part‑time with each parent, has been associated with better health, wellbeing, and fewer behavioural issues compared to the child living with only one of their parents.

Factors to consider include:

• Court approval is often contingent on stability, suitability of both homes, and parents’ ability to cooperate. If domestic abuse was present during the relationship, or one party was controlled by the other, the court is less likely to make an order for shared care.
• Even if not equal time, consistent involvement by both parents is encouraged in CAOs – when in the child’s best interest.
• If one parent obstructs contact, the courts may intervene with specific orders or even supervised contact provisions.

Safeguarding emotional well‑being with professional support

Children may experience anxiety, guilt, or confusion during a divorce, but emotional resilience can be fostered through reassurance, routine, and external support. Various support options are available to help children navigate this difficult period. Organisations like Childline and the NSPCC offer counselling services and helplines specifically tailored for children in distress.

It can also be helpful to inform the child’s school, enabling staff to monitor any behavioural changes and provide additional safeguarding where needed. Additionally, professional therapists or dedicated support groups for children of separated parents can provide a safe and structured environment for children to express and process their emotions.

Secure financial stability through maintenance planning

Securing financial stability through proper maintenance planning is a vital part of protecting your child during a divorce. Under UK law, child maintenance—distinct from the division of matrimonial assets—must be arranged either through a private agreement, the Child Maintenance Service (CMS), or a legally binding Consent Order, although the last option, in the majority of cases,  is rarely used.

You may decide to use the CMS online calculator which helps parents estimate appropriate payment levels based on factors such as income and shared care arrangements.

However, it is important to be aware that the government is introducing major reforms to the CMS, set to take effect in the financial year 2027–28. One of the central changes is the abolition of the “Direct Pay” system, where parents currently transfer money between themselves without CMS involvement. This system will be replaced with a streamlined, single statutory service based on the existing “Collect and Pay” model. Going forward, parents will either be encouraged to establish private, family-based arrangements (with support) or be placed under the Collect and Pay system.

The reformed service will include a revised fee structure. Currently, Direct Pay users pay no fee, while Collect and Pay users are charged 4% if they are the receiving parent and 20% if they are the paying parent. Under the new model, compliant users of the service will be charged a flat 2% fee on both sides—paying and receiving. For those who are non-compliant, the 20% surcharge for paying parents will remain as a deterrent for missed or late payments.

Another major improvement aims at reducing the time it takes to enforce missed payments. At present, enforcement can take up to six months, but the government plans to cut this to around six weeks to ensure faster, more efficient compliance. These reforms are designed not only to streamline payment systems but also to reduce child poverty. The Department for Work and Pensions estimates that around 20,000 fewer children will live in relative poverty (after housing costs) if the changes are successful.

The reforms follow a consultation that concluded in July 2025, with the government publishing its response in June 2025. By replacing the dual-option model with a single, more efficient statutory service and introducing faster enforcement alongside fairer fees, the government aims to increase regular, reliable child maintenance payments, improving financial stability for many separated families across the UK.

With these changes in mind, where possible, parents should agree on a family-based arrangement. Although if either parent’s financial situation changes, you may decide to use the CMS to review and adjust the amount as this can prevent disputes and maintain consistency, avoiding reliance on informal or inconsistent arrangements.

In high‑conflict or safeguarding cases, take immediate legal steps

If child safety is at risk (domestic abuse, neglect), you can make an application to court under Section 8 or Part IV of the Children Act:

• Prohibited Steps Order to restrict a parent’s decision-making (e.g. removal from country).
• Specific Issue Order for decisions such as schooling, religion, medical care.
• In extreme cases, the local authority may apply for care or supervision orders, or courts may order guardian appointments and assessments by Cafcass.

Engage a specialist solicitor early

A skilled family law solicitor helps navigate legal forms, court deadlines, and strategy. They can assist with:

• Drafting Witness Statements focused on child welfare
• Liaising with Cafcass
• Drafting and securing Consent Orders
• Advising on mediation, court strategy, or emergency legal action if needed

Offering reassurance

Make sure your children understand that the separation is nothing to do with them, and that yes, they will still get to spend plenty of time with that the other parent, even if no longer every day.  It is important that they fully understand – especially if young – that the parent who has moved out is still their father or mother and will still be part of their lives.

Routines are an important part of this reassurance. Serve meals at the usual time, help your kids off to school at the time they’ve always gone, let your kids see their friends as usual and enjoy their regular pursuits. Let them feel safe and secure in the knowledge that their pre-divorce lives will continue in many ways, even as other aspects of their lives change.

If you are still on relatively good terms with your estranged spouse, you might want to sit down and discuss the situation with your children together. But if that isn’t possible, the same clear messages can be conveyed separately. It is better to both agree on the approach you plan to take, so try to discuss this with your ex beforehand if you possibly can: a unified, consistent message will help console upset children and give them confidence in the future.

The post How do I protect my child during my divorce? appeared first on Major Family Law.

Planning another wedding can be an exciting distraction from the gloom and bad feelings that so often accompany divorce. The temptation to get on with that second marriage and begin a new life can be a strong one. But anyone getting married a second time without fully resolving financial claims relating to their first marriage may find that their financial rights are significantly reduced. This could mean they are cannot receive their share of properties – for example, the former family home.  They will also be unable to apply for financial support, maintenance or make other monetary claims.

A former spouse who remarried quickly can still apply for a share of their ex-partner’s pension, but of course that will not apply until they reach retirement age.

A disheartening number of people stumble into the so-called ‘remarriage trap’ and suffer significant financial loss.

For most couples, divorce is largely bureaucratic affair, with applications made and forms completed online. This can encourage a casual, DIY approach, in which legal advice seems like a luxury extra they can just as well do without. But avoiding lawyers can be a false economy – and an expensive one at that. A solicitor will make sure you are fully aware of all your legal entitlements during divorce so you do not throw any away unnecessarily.

Separating ‘divorce’ from ‘finances’

Contrary to popular belief, the financial aspects of divorce are separate to the divorce procedure itself. Family lawyers refer to the process of reaching a settlement as ‘financial remedies’. These run alongside the divorce process, but are not always completed before the decree absolute brings the marriage to a formal end.

So how do you avoid the remarriage trap and make sure you don’t lose out financially from a second marriage? The simplest answer is: make sure the financial remedies procedure is complete before you sign that certificate. This means turning the settlement reached with your first spouse into a legally binding financial order – also known as a ‘consent order’ (because both parties have consented to the provisions). A family lawyer will help you navigate the complexities of this process.

Timing financial orders and avoiding the remarriage trap

In family law, the timing of financial proceedings in relation to remarriage is critical. To safeguard your financial position, it is essential to ensure that Form A, which formally applies for financial relief, is filed before remarrying. Even if you’re still negotiating the terms or expect to settle amicably, filing Form A keeps the door open. That said, if your second husband or wife has assets and you are living a comfortable new life with them, the family courts may decide your needs are lower than they were before the second marriage and therefore you should receive less from your first spouse.

Ideally, the consent order resolving financial matters should be sealed by the court before you enter into a second marriage. Failing to act early can result in significant financial loss or missed entitlements. For example, a person who sacrifices their career during the first marriage but delays seeking spousal support may find they have no recourse if they remarry without formalising a financial agreement with their ex-spouse.

The financial dynamics of second families

Second marriages often create complex family arrangements, especially where either or both parties have children from previous relationships. These situations raise important considerations when it comes to fairness, ongoing financial obligations, and asset division. Courts are required to consider all financial circumstances, including obligations to a second family. However, financial responsibilities from a previous marriage cannot simply be ignored in favour of the new one.

Judges will look at both parties’ needs, income, and assets, as well as the welfare of any children. If someone is paying spousal maintenance or child support to a former partner, that commitment won’t automatically end with remarriage, nor will it be displaced by new responsibilities. On the other hand, the court must also avoid overburdening one party to the benefit of another, particularly if the financial strain threatens the viability of the new relationship or affects the well-being of children from the second marriage.

Case law shows that courts walk a fine line. They may consider the income of a new partner but won’t treat it as if it’s shared money unless there’s actual financial interdependence. For example, if your new spouse contributes substantially to your living costs, this may free up your own resources, making them appear more available to meet prior obligations. But courts won’t automatically assume that new partners will pay for everything. This distinction can significantly affect the outcome of maintenance or capital claims.

The role of prenuptial and postnuptial agreements

Although not automatically binding in the UK, prenuptial and postnuptial agreements carry substantial weight in court if they meet certain standards. They are especially useful in second marriages, where one or both parties may wish to ring-fence assets accumulated before the new relationship, including property, savings, and pensions. For individuals with children from a first marriage, these agreements can be an effective way to preserve wealth for the next generation.

To be effective, a prenuptial or postnuptial agreement must be entered into freely by both parties with a clear understanding of the implications. Both parties should have access to independent legal advice, and full financial disclosure is essential. The agreement must also be fair and not prejudice the needs of any children. Courts are more likely to uphold the terms of a well-drafted agreement if it has been properly executed and reflects the circumstances at the time of divorce.

In practical terms, these agreements can define which assets remain separate and how jointly acquired assets should be divided. They can also deal with expectations around spousal maintenance. As couples increasingly enter into relationships later in life, with established careers or inheritances, these agreements offer reassurance and clarity.

Protecting inheritance for children of a previous marriage

One of the most overlooked financial risks in a second marriage is the potential for disinheriting children from a first marriage. When you remarry, any previous will is automatically revoked, unless it was explicitly made in contemplation of the new marriage. Without a new will, the rules of intestacy apply, which may mean that your new spouse inherits the bulk of your estate, leaving your children with little or nothing.

To avoid this, it is essential to make a new will that reflects your wishes. This can include using life interest trusts, where your spouse has the right to live in the home or receive income from assets during their lifetime, but the capital eventually passes to your children. Holding property as tenants in common instead of joint tenants allows each party to leave their share to beneficiaries of their choosing. In contrast, with joint tenancy, the property automatically passes to the surviving owner, regardless of the terms of your will.

Estate planning advice is often necessary to navigate these issues, particularly where inheritance tax is a concern. If you plan to leave assets to children but also want to provide for a new spouse, balancing these interests through trusts, insurance, or staged gifts is often the most secure approach.

Estate planning and inter-spouse transfers

Second marriages can complicate estate planning. As stated above, under intestacy laws in England and Wales, a surviving spouse inherits much of the estate, often to the exclusion of children from previous marriages. The default rules may not align with your intentions, particularly if you wish to divide assets more equitably or preserve family wealth across generations.

To manage this, estate planning should go hand-in-hand with legal arrangements during the marriage. Gifts and transfers between spouses are generally exempt from inheritance tax, but this can change if the spouse is not domiciled in the UK or if the estate exceeds the nil-rate threshold. Strategic use of tax allowances, gifts, and trusts can mitigate tax liabilities, but advice from a solicitor or tax adviser is essential in complex cases.

Pension considerations in second marriages

Pensions can be among the most valuable financial assets, especially in later-life marriages. Yet many individuals overlook them during divorce. Even after remarriage, it may still be possible to obtain a pension sharing order from a previous divorce, assuming financial claims were preserved by filing Form A in time.

Dividing pensions fairly is a technical exercise. Different schemes have different values and benefit structures, and the impact on future income can vary significantly. In second marriages, people may have one or more pensions, including final salary schemes or private arrangements. Actuarial advice from a pensions expert is often necessary to calculate a fair division, particularly where one spouse has a significantly higher retirement provision.

Women in particular are at risk of missing out. Historically, they are more likely to have smaller pensions because of career breaks or part-time work, and many still fail to include pensions in financial negotiations. A fair settlement should consider both current pension values and likely retirement income. In some cases, offsetting pension rights against other assets, such as the family home, may make sense—but this must be carefully evaluated to ensure it doesn’t disadvantage one party later in life.

Clean break orders and future protection

Many couples entering a second marriage wish to achieve financial independence and finality. A clean break order can ensure that once the divorce is finalised, neither party can make future financial claims against the other. This provides peace of mind and protects future earnings or inheritances.

A clean break may be suitable where both parties are financially independent or where financial support is being dealt with through a lump sum or capital division. It can be part of a negotiated settlement or ordered by the court. It is worth noting that, without a court order, even if you agree not to claim anything further, the door remains open for one party to apply for financial provision in the future.

Therefore, it is essential not just to come to an agreement but to formalise it through a consent order approved by the court. Without this, verbal agreements or informal arrangements offer little legal protection.

Ongoing disclosure and revisiting arrangements

Financial planning in second marriages isn’t static. Circumstances change—children grow up, pensions mature, or one spouse may become ill or stop working. It is important to keep financial agreements, wills, etc, under review. Re-visiting these arrangements every few years, or after significant life events, ensures that they continue to reflect your needs and intentions.

Transparency is also essential. Courts expect full and frank disclosure in all financial proceedings. This includes income, savings, debts, business interests, and pensions. Any attempt to hide assets or withhold information can result in an order being overturned or penalised with cost orders.

Contact an expert family lawyer to discuss your situation today!

The post How to make sure you don’t lose out financially from a second marriage appeared first on Major Family Law.

Following divorce or separation, child support is paid by the non-resident parent in order to support the upkeep of the child or children. The payment of child support is a legal requirement, but separated parents are encouraged to reach a private agreement between themselves on how much will be paid and when. This is called a family-based arrangement. Private arrangements can be straightforward and they have the advantage of helping to keep lines of communication between the parents open – something that is very definitely in the interests of their children.

The Child Maintenance Service (CMS) will only intervene if the parents cannot reach an agreement, the non-resident refuses to cooperate, or the resident parent has a good reason to not want to contact the former spouse or partner: for example, domestic violence or coercive behaviour. The resident parent must apply to the CMS for assistance, and a small fee is payable when they do.

The CMS has the authority to locate the other parent (if that is at issue), calculate a reasonable sum, and then enforce payment.

Gender-‑neutral nature of maintenance

Family law makes no distinction between mothers and fathers when it comes to entitlement to maintenance. The principle of equality between the sexes is firmly embedded in both legislation and judicial interpretation. Whether a parent is male or female, married or unmarried, the determining factors for maintenance are grounded in responsibilities toward children, the division of childcare, and the respective financial positions of the parents. For single or divorced fathers, this principle can provide a foundation for claims to either child or spousal maintenance, depending on the specific circumstances.

Parental responsibility and its importance

A father automatically acquires parental responsibility if he was married to the mother at the time of birth or if he is named on the birth certificate. If neither condition applies, he may acquire it through a parental responsibility agreement with the mother or by applying for a parental responsibility order from the court. In practice, establishing this status strengthens any maintenance-related claim, especially if there is a dispute over the child’s primary residence or financial contributions.

Child maintenance through the CMS and courts

As we briefly mentioned above, maintenance for children is usually addressed through one of three methods:

• Informal family-based arrangements
• Formalised court orders (it is unusual for the court to become involved in child maintenance issues. This tends to be reserved to high net worth cases, where things such as school fees are payable).
• Applications to the CMS. Fathers who are the primary carers for their children, whether as a result of a Child Arrangements Order or by circumstance, can seek maintenance from the mother. The CMS calculates maintenance based on a statutory formula that takes into account the non-resident parent’s gross income, the number of children involved, and the number of nights the children spend with each parent.

Shared care and financial imbalances

Where the care arrangement involves an equal division of time, the CMS may decide that no maintenance is due from either parent. However, the calculation is not purely mathematical. The CMS also looks at the actual arrangements in place, including whether there is a significant imbalance in the day-to-day costs borne by each parent.

If a father shares care but ends up covering a disproportionate share of expenses such as clothing, school equipment, extracurricular activities, or transport, he may still have grounds to request additional financial support. This can be pursued through a Schedule 1 application under the Children Act 1989, allowing the resident parent or a parent with substantial care responsibilities to seek specific financial contributions beyond the basic CMS calculation.

Spousal maintenance for divorced fathers

Child support is one of the two types of maintenance payment typically ordered by the family courts following divorce: the other is spousal maintenance. As the name suggests, these ‘periodical payments’ are made by the wealthier party in a marriage to their former spouse as form of ongoing financial support, in addition to the settlement agreed or ordered during the divorce. The law concerning payment of spousal maintenance is also gender neutral. If a wife earns more money than her husband or is simply wealthier, he may be awarded some level of spousal maintenance if there are limitations on his ability to find employment and earn a salary.

The Matrimonial Causes Act 1973 provides the legal basis for such claims, and courts will examine factors including the length of the marriage, the standard of living enjoyed during the marriage, the financial needs of each party, and their ability to earn an income. Spousal maintenance is often awarded on a time-limited basis—commonly until the youngest child reaches adulthood or the receiving party has retrained or re-entered the workforce.

Considerations for high-net-worth fathers

It is important to note that in high-net-worth families, while the courts are increasingly wary of creating lifelong dependency through spousal maintenance, they may still make substantial financial orders where one parent retains primary care responsibilities and lacks immediate earning capacity. For fathers who have exited the workforce to raise children, or whose post-divorce career options are limited, this can be a vital source of financial stability.

Do single Dads always get maintenance?

The law may be gender neutral, but of course, reality is often more complicated. Single fathers are still uncommon and many have to run the gauntlet of age-old gender stereotypes that insist looking after children on a daily basis is a mother’s job and fathers should be out there earning a salary.

Some single fathers encounter outright suspicion and confusion as they go about their day, and unfortunately, these old-fashioned attitudes can leak into the family courts. Judges and magistrates are not always as sympathetic as they could be to fathers during divorce or following separation, so if you are a single Dad, you may have to make a strong case for a maintenance award. But don’t be dissuaded by old school attitudes – if, for whatever reason, you are looking after the children every day, or if your former spouse is significantly wealthier, you are just as entitled to financial support as she would have been had the roles been reversed.

Challenges in enforcing maintenance

In practice, enforcing maintenance can be fraught with difficulties. Despite possessing a range of statutory powers, including deductions from wages, seizure of assets, and even revocation of passports and driving licences, the CMS has been widely criticised for its inefficiency and lack of enforcement. For fathers who are owed maintenance, whether child or spousal, this often translates into long delays, administrative errors, and a general lack of resolution. As of writing, hundreds of millions of pounds are in arrears, with thousands of families affected by systemic failures.

Court-based enforcement options

In some cases, especially where enforcement through the CMS proves ineffective, fathers may have to pursue remedies through the courts. A court can issue enforcement orders, including charging orders against property, third-party debt orders, or in extreme cases, committal proceedings for contempt of court. That said, such remedies can be costly and time-consuming, often requiring legal representation, financial disclosure, and detailed evidence of default.

Reaching agreements through mediation

To ensure a fair and enforceable maintenance arrangement, solicitors recommend that separating parents first attempt mediation. Not only is this a prerequisite for many court applications, but it also allows both parties to reach mutually agreeable terms in a less adversarial environment. If an agreement is reached, it can be formalised by way of a Consent Order, which gives the arrangement legal force and simplifies enforcement. Fathers who negotiate such agreements, particularly where they assume the bulk of day-to-day childcare, can often secure regular maintenance payments in a way that is both efficient and long-lasting.

Cross-border and blended family complexities

There are also unique challenges that fathers may face depending on their individual circumstances. For instance, if a father lives abroad, enforcement of UK maintenance orders can be complex, particularly in jurisdictions without reciprocal arrangements. On the other hand, where the mother lives abroad, it may be more difficult to secure payments or to have a CMS assessment recognised. In these situations, applications under international laws or mutual enforcement treaties may be required.

Another complicating factor arises when fathers are part of blended families. The CMS takes into account the number of children living with a paying parent, including stepchildren, which may reduce the amount payable or impact eligibility for receiving maintenance. Fathers must be prepared to provide clear financial disclosure and documentary evidence to support claims relating to household composition and care arrangements.

Impact of abuse and coercive control

Cases involving domestic abuse or coercive control add yet another layer of complexity. A father who has been subjected to controlling behaviour may find it difficult to assert his financial rights, particularly if the abuser controls access to financial documents or household income. However, exemptions from mediation are available in such cases, and courts are increasingly sensitive to the impact of coercive control in determining both maintenance and contact arrangements.

Support services and resources

Organisations such as Families Need Fathers, Gingerbread, and Citizens Advice offer guidance, peer support, and legal referrals tailored to the unique needs of single fathers. In addition, the government’s Child Maintenance Options service provides calculators, advice on agreements, and an overview of the various enforcement mechanisms available.

Asserting maintenance rights fairly

Maintenance is not only about securing funds; it is also about enabling a stable, supportive environment in which children can thrive. Fathers who document their caring responsibilities, seek legal recognition of shared care, and make use of both court and CMS options stand the best chance of receiving fair, long-lasting financial support. Despite the shortcomings of the system, the law does provide a framework within which fathers can claim the maintenance to which they—and their children—are entitled.

An experienced family solicitor will be able to outline your rights and the options open to you.

The post Are Single Fathers and Divorced Dads Entitled to Maintenance? appeared first on Major Family Law.

The title ‘solicitor’ dates back to the Victorian era and derives from a now obsolete meaning of the verb ‘to solicit’ – namely, ‘to conduct business on behalf of others’.

By contrast, barristers specialise in courtroom representation. They are the ones who argue cases in front of a judge, draft court statements, conduct cross examinations and advocate for their clients in person at legal hearings. When in court, barristers wear a distinctive, traditional uniform comprising horsehair wigs, starched white collars and dark robes known as ‘gowns’.

Barristers rarely work directly with clients. Instead, most times they are hired by solicitors who instruct them to act on behalf of clients who need the kind of specialist courtroom advocacy offered by barristers.

While most solicitors work as partners within a law firm, barristers are typically based in ‘chambers’, also known as ‘sets’ (as in ‘a set of chambers’). These premises may be for their own personal use or they may be shared with other barristers.

England and Wales are unusual in dividing the legal profession into two in this way. A few other jurisdictions – Northern Ireland, Hong Kong, South Africa and parts of Australia – follow our lead. But most countries have ‘fused’ systems in which lawyers fulfil both roles. In the United States, for example, attorneys work directly with clients and conduct courtroom advocacy, and no distinction at all is made between the two functions.

Training, qualification  and organisational structure

Path to qualification

• Solicitors typically complete either a Qualifying Law Degree or a conversion course (e.g., PGDL), then the Legal Practice Course (LPC), followed by a 2‑year training contract in a firm. During this period, they gain experience in areas—legal research, client care, drafting documents, negotiating, and advocacy in lower tribunals.
• Barristers also start with a law degree or conversion course, then the Bar Professional Training Course (BPTC), followed by a pupillage: one year divided into two six-‑month placements—observation in the “first six,” and independent work in the “second six”. Only after pupillage do they receive full call to the Bar.

Work environment

• Solicitors are most commonly employed in law firms—ranging from national firms to niche family practices. Larger firms may have multi-disciplinary teams handling private law (divorce, finances, children) and public law (care proceedings, adoption).
• Barristers are usually self-‑employed and based in chambers (sets), though some join in-‑house practices like the Government Legal Department. They serve as independent advocates, accepting instructions via solicitors or direct public access.

Rights of audience & advocacy

Court appearances

By default, barristers hold full rights of audience in all courts—from the family court through to the Supreme Court. They conduct:

• Advocacy in fact ‑finding hearings, final hearings, or child arrangement proceedings
• Cross-‑examination of witnesses and oral submissions
• Presenting complex arguments, legal interpretations, and drafting skeleton arguments

Solicitors, in contrast, usually represent clients in the family court without formal robes/wigs, focusing on paperwork, case management hearings, solicitor-client negotiations, and lower-‑level procedural advocacy. While solicitors can act in higher courts, they must first obtain Higher Rights of Audience—becoming solicitor ‑advocates—though relatively few do so.

Advocacy styles & practice

• Barristers emphasise courtroom advocacy: presenting submissions, interviewing and cross-‑examining witnesses, responding dynamically to judicial queries.
• Solicitors focus on pre ‑court case preparation: gathering evidence, liaising with professionals (e.g., CAFCASS officers, social workers), drafting and applying court orders, and negotiating settlements—backed by in ‑court attendance without ceremonial dress.

Client contact and case management

Points of client contact

• Solicitors are typically the first and continuous point of contact for clients. They:
  • Provide initial advice on divorce, child arrangements, or financial remedy options
  • Manage client expectations through the Family Procedure Rules and court timetable
  • Coordinate dispute resolution processes such as mediation, collaborative law, or solicitor negotiations
  • Engage experts (e.g., psychologists, financial specialists) and prepare instructions for court
  • Provide ongoing legal and emotional support
• Barristers usually see clients at specific stages: before complex hearings or trial. Unless instructed via Direct/Public Access, they rely on the solicitor to:
  • Deliver the client’s file and brief in the case
  • Provide written instructions, evidence bundles, chronology, and disclosure
  • Serve as an intermediary between client and barrister

Direct/public access

Since 2004, the Public Access scheme permits individuals to instruct a barrister directly, bypassing solicitors. However:

• The barrister needs public access authorisation
• The client becomes responsible for litigation tasks—admin and court filings—typically handled by solicitors

In practice, many barristers ask clients to hire a solicitor or legal assistant to handle preparation and case administration.

Do I need both a solicitor and barrister to help me?

You might do – but this is not something you will need to worry about at the outset of your case. If you need legal advice or representation, focus on finding a solicitor. Then, once you have discussed the details of your case, that solicitor will advise you whether you may need a barrister, too. If so, the solicitor will usually identify suitable candidates and make contact with them on your behalf.

Professional regulation, duties & ethics

Ethical obligations

• Solicitors are governed by the Solicitors Regulation Authority (SRA). They must uphold client confidentiality, avoid conflicts, manage client money professionally.
• Barristers are regulated by the Bar Standards Board (BSB). Their key duties include:
  • The cab-‑rank rule: they must accept any case within their expertise if available
  • Independence: maintain objectivity and concentrate on admissible evidence and legal principles
  • No client money: barristers cannot hold funds, so solicitors must manage client accounts

Collaboration & responsibility

Solicitors instruct barristers via a brief, which includes:

• Case facts, issues, witnesses, documents, and disclosure lists
• Court bundles, skeleton arguments, and judgment comments

Barristers usually indemnify themselves via professional insurance. Both parties should ensure clarity on fee structure, scope of work, and communication flow.

Cost & funding considerations

Legal aid & private funding

• Legal Aid in family law remains selective. It covers public law (care proceedings) and limited private law cases (domestic violence allegations).
• Many family matters are privately funded—so:
  • Solicitors manage budgets, prepare cost estimates, possibly negotiate fees
  • Barristers are instructed as briefed, either by firms (usually private paying) or through legal aid arrangements

Pro bono & public interest work

Many barristers undertake pro bono clinics. For example, Christopher Naish, a retired family law barrister, was recognised for helping low ‑income clients through university legal clinics. Solicitors, too, often serve in legal aid clinics or provide conditional fee arrangements.

Cost-‑effectiveness & strategy

When both solicitor and barrister are engaged:

• Solicitor fees cover advice, paperwork, management, negotiations, and lower courts
• Barrister fees are for hearings, skeletons, written opinions, and trial appearance

In less contentious matters, a solicitor ‑advocate may carry out all advocacy, avoiding brief fees. But in complex cases, barristers provide cost savings through advocacy expertise and strategic skill.

Limits, overlaps & emerging trends

Overlap in advocacy

• Solicitors with higher rights of audience can appear in higher courts—gaining some functions traditionally reserved for barristers
• Barristers increasingly accept direct access work in family cases, handling both advice and limited litigation roles.

Digital & remote hearings

The post-‑pandemic landscape has seen an increase in remote hearings. Solicitors and barristers alike must master virtual presentation, managing bundles, witness video links, and remote advocacy. Barristers may train solicitors in courtroom advocacy, depending on hearing format.

Collaborative & ADR models

Alternative Dispute Resolution methods like collaborative law and mediation are driven by solicitors—fostering less adversarial outcomes. Barristers may get involved to provide “settlement advice” at key junctures or to give expert family law opinions during negotiations.

Summary of key differences & interplay

Solicitors and barristers perform distinct but complementary roles throughout the legal process:

• Family law solicitors are typically the first professionals a client will contact when facing issues such as divorce, child arrangements, or financial disputes.
• They also act as the consistent point of contact throughout the case, helping clients understand procedural timelines, court expectations, and possible outcomes.
• In terms of advocacy, solicitors may represent clients in preliminary hearings or case management conferences in the Family Court, and some have acquired Higher Rights of Audience to represent clients in more senior courts.
• In complex cases, or contested hearings, solicitors will instruct a barrister to take over the advocacy elements of the case.

Family law barristers are specialist advocates trained to argue cases in court and to provide authoritative legal opinions on complex matters. They are generally brought into a case at key junctures, such as before a fact-finding hearing, a final order hearing, or when a dispute escalates to the High Court or Court of Appeal. With full rights of audience, barristers are qualified to appear in all courts, including the Family Court, High Court, and beyond.

Their core strengths lie in cross-examining witnesses, drafting persuasive skeleton arguments, making oral submissions to the judge, and applying nuanced points of law to the facts at hand. Unlike solicitors, they rarely handle ongoing communication with the client or manage the administrative side of a case. Instead, they work on instruction, either from a solicitor or directly via public access, and their involvement is often limited to specific hearings or stages of the litigation process. Additionally, because barristers operated under the “cab-rank rule,” it obliges them to accept cases within their competence, regardless of the parties involved.

Although solicitors and barristers operate under separate regulatory frameworks, their collaboration is often essential to providing effective legal representation in family matters. The solicitor typically oversees the strategy, groundwork, and communication, while the barrister provides courtroom expertise and legal precision at crucial litigation stages. This division of labour not only ensures efficiency and cost-effectiveness but also enhances the quality of legal advice and advocacy available to clients.

In recent years, the gap between the two professions has narrowed in some respects. Solicitor-advocates now conduct more in-court advocacy than in the past, and public access barristers sometimes handle preliminary advice and case preparation. However, these developments have not eliminated the fundamental distinctions between the two. Together, they form a powerful legal team capable of navigating the emotional, procedural, and legal complexities of family law disputes.

Choosing between solicitor and barrister

Clients typically:

• Approach a solicitor first, who evaluates needs and:
  • Handles straightforward matters independently, or
  • Instructs a barrister for hearings or written opinions.
• May access a barrister directly under public access—but must be prepared to manage paperwork and advocacy logistics.

Do barristers specialise in family law?

Yes. Just like solicitors, barristers – and sometimes whole chambers – develop specialisms in particular areas of practice, and family law is a prominent example. However, by their very nature, family law barristers only become involved in those more contentious cases requiring the attention of a judge. Most family disputes are settled out of court via negotiation and agreement.

In family law, solicitors and barristers maintain a connected professional relationship. Each contributes unique, complementary skills:

• Solicitors guide clients through complex emotional and administrative terrain, offering broad case management and low-‑level advocacy
• Barristers provide specialist advocacy, rigorous legal analysis, courtroom experience, and persuasive argumentation

Together, they ensure clients receive continuous support, whether negotiating amicable outcomes or fighting for rights in court.

If you are involved in a contentious family law case that may require the assistance of a barrister, Major Family Law can provide expert input. Why not call us today for a second opinion?

The post What are the differences between a family law solicitor and a barrister? appeared first on Major Family Law.

In the great majority of cases, this presented no problem, but occasionally there was a mismatch between the biological and legal father of a child. Paternity testing technology has made such unwelcome discoveries more frequent – and as you might expect, they can cause tremendous upset and not infrequently, divorce. The French were so concerned by the potential for disruption to peaceful family life that they banned paternity testing altogether in 1994. It remains illegal to this day.

But in some jurisdictions, even negative paternity test results may not be enough to persuade family courts to overturn the legal status of the father. It is the latter that counts as far as the family courts in many countries are concerned: the person actually fulfilling the role of Dad to the children. Genes are a very secondary consideration.

Fathers in English law

English family law is no exception to this tendency: if a man is married to the mother at the time of a child’s birth, he automatically receives the status of father. This applies even if his wife is acting as a surrogate mother for another couple. In almost all such cases, he will have no genetic relationship to the child, but still be legally classed as the child’s father and listed on the child’s birth certificate.

In surrogacy, the commissioning parents must apply in the family courts for a ‘parental order’ transferring the legal status of parenthood to them – but even after this process has been completed, they will still not be listed on the birth certificate.

A human rights issue?

These seeming anomalies have caused controversy amongst surrogate parents. In June 2022, a British same sex couple took this issue all the way to the European Court of Human Rights. Their daughter had been born via a surrogacy arrangement made with another couple, with one partner the girl’s biological father. But the surrogate’s husband was, as usual, listed as the girl’s father on the birth certificate, despite having no genetic relationship to her.

The same sex couple argued that this stipulation was a breach of Article 8 of the European Convention on Human Rights, which defines a right to “private and family life”. But the Court was unconvinced, describing the argument as “manifestly unfounded” because the legalities of registration had not prevented the six-year-old from enjoying a day-to-day relationship with her biological father.

Unmarried fathers

Unmarried fathers are also affected by this legal default to marriage. They are not automatically listed on the birth certificate of children born outside marriage, and can only be included with the consent of the mother. Registering the birth of a child has both symbolic and legal significance. Being named on a birth certificate establishes legal fatherhood and often confers parental responsibility for unmarried fathers, depending on the date of registration.

Typically, cohabiting couples reach an agreement between themselves to declare paternity, and then jointly they sign the birth register. But this is optional, and may not happen. In some circumstances, the mother may not wish to name the father – if, for example, the parents’ relationship broke down acrimoniously – and she is perfectly within her rights to do so.

It is possible to add the father to a birth certificate at a later date, if the mother applies to the General Register Office for the birth to be re-registered. However, she will need to submit evidence that a particular individual is the father and make a formal declaration to that effect.

In cases of disputed paternity or fraudulent registration, either party may apply to have the birth certificate amended. The court may order DNA testing to determine biological parentage. Importantly, legal fatherhood may still stand even where DNA disproves biological links, particularly in cases of intentional parenthood (such as IVF or surrogacy – see above)

Fathers can apply in court for a ‘declaration of parentage’ if the mother will not agree to him being registered. This involves taking a paternity test and this normally automatically triggers re-registration. However, such fathers do not acquire parental responsibility.

Parental Responsibility and its implications

Under section 3 of the Children Act 1989, parental responsibility (PR) is defined as “all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property.” PR gives a parent the legal authority to make decisions concerning the child’s welfare, education, medical treatment, and religion.

Acquiring parental responsibility:

A father does not automatically have parental responsibility unless certain criteria are met:

• Married fathers automatically gain PR, regardless of whether the child was born before or after the marriage.
• Unmarried fathers can acquire PR if:
  • They are named on the birth certificate (after 1 December 2003 in England and Wales; different dates apply in Scotland and Northern Ireland).
  • They enter into a Parental Responsibility Agreement with the mother.
  • They obtain a Parental Responsibility Order from the family court.
  • They are granted a Child Arrangements Order (residence/live-with order), which typically includes PR.

Without PR, a father may have limited influence in important decisions, such as schooling or medical interventions, although they can still apply to the courts to gain PR or other forms of contact.

Fathers in paternity disputes

Legal disputes regarding paternity arise in a variety of contexts—child support claims, inheritance disputes, and parental contact applications. If paternity is questioned, the court can order a declaration of parentage under section 55A of the Family Law Act 1986.

While genetic testing is a powerful tool, the court will always act in the best interests of the child, which may occasionally override the strict genetic truth. For instance, in cases where a child has formed an attachment to a man they believe to be their father, the court may hesitate to disturb this bond.

Fathers and child contact arrangements

A common misconception is that legal fatherhood automatically entitles a man to contact with the child. In fact, contact is not a right of the parent, but a right of the child to maintain a relationship with both parents, provided it serves their best interests.

If parents cannot agree on arrangements, the father may apply to the Family Court for a Child Arrangements Order(CAO) under the Children Act 1989. The court will consider:

• The child’s welfare (the paramount consideration)
• The child’s wishes and feelings, based on age and understanding
• The capacity of each parent to meet the child’s needs

It is possible for a father to have PR but be denied contact, especially where issues of domestic violence, neglect, or emotional harm are substantiated.

Legal fatherhood in the context of assisted reproduction

With advances in fertility treatments, the definition of fatherhood has expanded beyond biological relationships. The Human Fertilisation and Embryology Act 2008 (HFEA) governs assisted reproduction and determines who is regarded as the legal parent of a child born through artificial insemination or IVF.

Key points:

• If a man is married or in a civil partnership with the child’s mother and consents to the treatment, he will be considered the legal father—even if he is not the sperm donor.
• If the parties are unmarried, the man must sign a parenthood agreement before treatment to be recognised as the legal father.

The HFEA deliberately severs the legal connection between the sperm donor and the resulting child, to avoid future legal conflicts and protect intended parents.

Adoption and stepfather status

Fathers may lose or gain legal status through adoption. A biological father can lose parental rights if the child is legally adopted, unless the court determines this to be against the child’s welfare.

Conversely, stepfathers may acquire PR by:

• Obtaining a court order
• Entering into a PR agreement with the mother (and any other person with PR)
• Adopting the child, which permanently confers full legal status

The adoption process involves rigorous assessment and social worker reports, reflecting its significance in permanently altering parental rights and responsibilities.

Fathers’ rights advocacy and changing attitudes

The last two decades have seen increased public and political attention to fathers’ rights, particularly regarding contact and equality in family proceedings. Campaign groups have challenged what they perceive as an institutional bias against fathers, especially in cases where mothers unilaterally restrict access.

However, the courts consistently emphasise the child’s welfare over adult rights. While the presumption of “continued involvement” of both parents was introduced by the Children and Families Act 2014, this is not a guarantee of equal contact or shared residence.

Emerging legal developments

Several trends are reshaping the legal landscape of fatherhood:

• Digital birth registration systems may facilitate quicker recognition of fathers, particularly those who are unmarried.
• Shared parenting reforms are being debated to reduce parental conflict and encourage cooperative parenting.
• Post-separation parenting programmes are increasingly mandated by courts to promote the child’s best interest.

The legal status of fatherhood in the UK is a dynamic and multifaceted area of law. From acquiring parental responsibility to asserting contact rights, or navigating complex surrogacy and adoption scenarios, the position of fathers continues to develop. Legal fatherhood is not solely about biology, but about commitment, responsibility, and the ability to serve a child’s best interests.

For fathers navigating these challenges, legal advice and proactive engagement in the child’s life are essential. Meanwhile, family law must continue to strike a balance between legal clarity and the diverse realities of modern parenthood.

The post The legal status of fatherhood appeared first on Major Family Law.

Separation vs. divorce: What’s the legal difference?

It is important to understand the difference between separation and divorce:

• Separation can be informal. Couples may choose to live apart without any legal documentation. Some might create a separation agreement, which outlines responsibilities and arrangements during their time apart.
• Divorce, on the other hand, is a formal legal process that not only ends the marriage but allows for a financial settlement through the courts. Until a divorce is finalised, your financial ties to your spouse remain intact.

In short, while emotional and physical separation may have occurred, the law still sees the marriage as valid until a divorce decree is issued.

Can a spouse claim money after years of separation?

Yes — and this often comes as a shock. Under family law in England and Wales, there is no automatic expiry on a spouse’s ability to make financial claims, even if you’ve been separated for decades.

As long as you are still legally married:

• Your spouse can seek spousal maintenance
• They may be entitled to a share of your property or assets, including any acquired after separation
• They can make a claim on your pension
• If you pass away without a valid will, they could inherit under intestacy rules

This legal entitlement only ends once a legally binding financial order has been approved by the court following divorce.

In the 2015 case of Wyatt v Vince, the Supreme Court ruled that a woman could pursue financial claims against her former husband more than 20 years after their separation — and 19 years after their divorce. The court reasoned that although no claim had been made during the divorce, there was no statutory limitation preventing one.

Although the parties in this case were divorced, it highlights a key legal principle: without a financial order, the door remains open indefinitely for a spouse to seek financial redress.

Financial orders: The only way to ensure finality

When a couple divorces, they should not only seek a final divorce order but also obtain a financial order. There are two main types:

• Consent Order – Where both parties agree on asset division and submit the terms to the court for approval. Once sealed by the court, it becomes legally binding.
• Financial Order – If no agreement can be reached, the court will decide how to divide assets following a series of formal hearings.

Without one of these orders, your former spouse can come back years later with a claim, especially if your financial situation has improved.

What assets can be claimed?

Even if you separated many years ago, your spouse might be entitled to assets such as:

• The marital home (even if only one name is on the title)
• Pensions
• Savings and investments
• Business interests
• Inheritances, depending on timing and use

If these were accrued during the marriage — or in some cases, even after separation — they can potentially be included in a financial settlement.

What if I’ve remarried or moved on?

If you remarry before making a financial claim, you may lose your right to apply for a financial order under divorce law. However, your ex-spouse — if they haven’t remarried — can still make a claim against you.

If you’ve acquired wealth or property since separation (e.g., from a new partner or business success), these can sometimes be considered “matrimonial assets” — particularly if the marriage was long or you had children together.

This means that even assets accumulated post-separation could be at risk without a clean break order in place.

What should you do if you’re separated but not divorced?

If you’re in this situation, there are proactive steps you can take:

• Seek legal advice: A family solicitor can help you understand your exposure and advise on the best steps to protect your interests.
• Start the divorce process: A formal divorce is essential to legally end the marriage and begin resolving finances.
• Negotiate a financial settlement: Even if you and your ex are amicable, put all agreements in writing. Mediation can help if communication is difficult.
• Apply for a financial order: Don’t skip this step. Without a financial order, your ex can still come after your assets in the future.

How can you protect yourself?

Here are key ways to shield your financial future:

• Get a consent order: This locks in the terms of your settlement.
• Create a Will: If you don’t, your ex could inherit your estate if you die while still legally married.
• Document all agreements: If you have informally divided assets, record it — though this won’t carry legal weight without court approval, it may be helpful evidence.
• Don’t wait: Delaying the divorce or financial settlement can backfire, especially if your financial situation improves.

Common misconceptions

“We’ve been separated for years — surely they can’t claim anything now?” Wrong. Time apart doesn’t erase financial obligations. Only a court order can.

“They’ve moved on — they wouldn’t claim anything.” People’s circumstances change. A future financial need or dispute can lead them to seek claims.

“I have nothing now, so I don’t need to bother.” Your situation may change. A lottery win, inheritance, or property appreciation can become a future target.

Remaining legally married — even after years of separation — creates ongoing financial risk. If you don’t obtain a divorce and financial order, your ex-spouse can legally claim against your income, pension, home, and other assets. Separation may feel like a clean break emotionally, but it is not a legal one.

To protect your financial future, take steps now:

• Initiate a divorce
• Seek a clean break financial order
• Work with a solicitor to secure your position.

The post I separated from my spouse years ago but we didn’t get divorced. Are they entitled to money now? appeared first on Major Family Law.

Solicitors and barristers can apply to take on the role, which owes its origins to the Domestic Abuse Act 2021. Sections 65 and 66 of the Act prohibit anyone charged with domestic violence from cross-examining the accuser themselves in court, if they do not have a lawyer representing them to conduct the questioning. The same restriction applies to the alleged victim of the abuse.

Who can cross examine in court

Section 65 explains, in clear language:

“…In family proceedings, no party to the proceedings who has been convicted of or given a caution for, or is charged with, a specified offence may cross-examine in person a witness who is the victim, or alleged victim, of that offence.

…In family proceedings, no party to the proceedings who is the victim, or alleged victim, of a specified offence may cross-examine in person a witness who has been convicted of or given a caution for, or is charged with, that offence.”

Instead, when either party is unrepresented in court, cross-examinations must now be conducted by local, court-appointed legal representatives. Lawyers interested in the work must have a valid practice certificate and have undertaken training in domestic abuse cases and in working with vulnerable witnesses. Alternatively, they can also commit to suitable training within the first few months of signing up.

Preventing cross examination becoming another from of abuse

Prior to the introduction of Domestic Abuse Act 2021, it was indeed possible for people without legal representation who had been charged with domestic abuse to personally cross-examine their accusers in person. This situation became increasingly controversial, with domestic abuse campaigners claiming the often intrusive questioning could easily become an extension of the abuse the accused party had already been charged with.

The entire topic is of domestic abuse is – understandably – an emotive one. Our homes are our refuge and we all expect to feel safe within those walls. But a dispiriting number of our fellow citizens do not. According to the most recent available figures from the Office for National Statistics, in the year to March 2024 close to five per cent of adults aged 16 or over experienced domestic abuse of some kind the previous 12 months.

Awkward realities: domestic abuse against women

Over the same time period the Police recorded 1,350,428 disturbances and crimes related to domestic abuse of various kinds. It’s a distressing picture, and one frequently highlighted by campaign groups and charities, with images of cowering wives and tearful children.

But as so often, reality is more complicated than convention might suggest. It will be no surprise to anyone to learn that the majority of domestic abuse victims are female – around 1.6 million in the year to March 2024, again according to the Office for National Statistics. Most men are physically larger and stronger than most women and testosterone encourages impulsivity and, unfortunately in some circumstances, aggression.

Defiance of stereotype: domestic abuse against men

Did you know that, in defiance of stereotype, 712,000 men over the age of 16 were victims of domestic abuse too? That’s 3 per cent of adult men versus 6.6 per cent of adult women. This is a reality that the police, courts, and support services have been slow to acknowledge. Such has been the hold of conventional ideas that, until relatively recently, male guilt was often assumed. Men who reported domestic violence by girlfriends and wives were often arrested themselves, and domestic violence support groups not infrequently turned abused men away or directed them to services for abusers! Then there were the more subtle inferences of official literature and media reports that labelled accusers “victims” and effectively presumed the guilt of those charged – not to mention the traditional tendency of family courts to see mothers as default caregivers and look with suspicion on fathers applying for custody of their children.

Thankfully, both the police and family law have finally begun to move away from old presumptions. Abusive wives and girlfriends have been charged with domestic abuse and coercive behaviour and family lawyers increasingly recognise that men can be on the receiving end on abuse, not solely women

Domestic violence legislation is also carefully drafted to be gender neutral. It is notable that the prohibition on cross-examination goes both ways in the Domestic Abuse Act: neither the accuser nor the accused are allowed to cross-examine the other, old assumptions notwithstanding.

The post Men, women and domestic abuse appeared first on Major Family Law.

Children derive their sense of security from the parents. When the family home is calm and happy they feel settled and secure, while, by contrast, turbulence and arguments are deeply unsettling. Even resilient teenagers can be badly affected. Fortunately, the sensitive nature of family disputes is well recognised by the legal system. Many family lawyers work hard to minimise courtroom confrontation and the frequently distressing sense that for one side to prevail, the other has to lose. Guided negotiation and arbitration can help estranged couples reach mutually satisfactory agreements without any need for court time at all.

The views of children

Children are never asked to attend court themselves but are still placed at the centre of proceedings. Their best interests are focused on as the primary deciding factor in judgements and the views of older children are normally taken into account when judges make rulings on contentious cases. Usually, this is done via the written testimony provided during a case, but on occasions judges will meet with children involved in family disputes or write to them, asking what they think of events in their family, or explaining the reasons behind a judgement.

Letter-writing in particular is a delicate balancing act. Receiving a letter from a judge may be an unwelcome reminder that the youngster’s parents are in conflict, but it is clearly important – and just – that children are listened to and their views considered. Phrasing the letter in an effective but sensitive way is crucial, but the skills required do not come naturally to every judge, leading many to completely avoid direct communication with children involved in the cases before them.

Toolkit guidance

In recognition of the importance to family justice of well-honed communication with children, the President of the Family Division recently published a ‘toolkit’ for judges on this very topic.

The guidance provided aims to help judges to make good decisions on the “when, why and how” of writing to children involved in family disputes. The toolkit was also designed to encourage judges to do so whenever practical or possible.

President Sir Andrew McFarlane said:

“The benefit of judges communicating with the child at the centre of proceedings has long been recognised, yet few of us have ever written to a child to explain our decision in their case. There is an understandable judicial reluctance in this regard, partly because of the realisation that the letter will be important and there is a fear of saying the ‘wrong thing’. In addition, judges may be worried that it will take a good deal of time to get the letter ‘right’, coupled with the well-known inertia that comes from staring at a blank page, without a template or previous experience to guide the writer.”

Sir Andrew continued:

“As is made plain throughout [the toolkit] by direct quotation from children, a child is entitled to be given an accurate and informative account of what was decided, and why, from the judge who made the decision. This will be important for the young person in understanding that their wishes and feelings have been taken into account by the court, and in supporting them to accept or make sense of the decision as they move forward with their life thereafter.”

The toolkit is a very practical document, he explained, and drafted with a clear focus:

“This very readable ‘toolkit’ does a great deal to break down the factors that may have inhibited judges in the past. To get past ‘blank page’ inertia, the content of a typical letter is built up, sentence by sentence, with suggestions, explanations and examples, and the whole is rounded off with worked up examples.”

The toolkit was developed by the Judiciary of England and Wales in conjunction with two independent advisory bodies: the Nuffield Family Observatory and the Family Justice Young People’s Board. The former is a data-focused research organisation, while the latter is an advisory body made up of more than 75 children and young people who have experienced the family justice system or who have an active interest in children’s rights.

Writing to children – A toolkit for judges is available here.

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