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Parents often want to change their child’s name after separation.

Ask around online and in person and you’ll be told it’s as simple as doing it by deedpoll. News flash: It isn’t.

Changing a child’s name is a significant decision for any parent or guardian. It’s not just about picking a new name; it involves understanding the legal requirements, gathering consent, and ensuring that the name change is recognized by relevant organizations.

I can’t say this clearly enough:

A deed poll alone does not have legal weight for a child. Simply paying for a deed poll document will not legally change your child’s name. In this guide, I’m going to tell you how the law in England and Wales works around the subject, how to change your child’s name and explain what a deedpoll actually achieves.

Before I do that – we’re talking more about surnames than first names. The law doesn’t say much about first names – all the `action’ is in family names and a court is less likely to consider a change of first name.

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What Is a deed poll?

A deed poll is a formal document that declares a change of name.

That’s it. It’s a declaration – a piece of paper that has been certified and basically says `This person has changed their name and it’s been witnessed’. For adults, this document can serve as sufficient proof of a name change, allowing individuals to update their records with various organizations.

However, for children, the situation is more complex.

This is because children (unlike adults) are subject to the Children Act 1989. A deed poll on its own does not legally change a child’s name unless it is backed by proper consent from all individuals with parental responsibility – because a certificate from a company doesn’t instantly overall statute.

This means that organisations like schools, passport offices, and healthcare providers may not accept a deed poll as valid without extra steps (see below!)

Understanding the limitations of a deed poll is essential when planning to change your child’s name.

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What happens if I change my child’s name by deed poll but nothing else?

Let’s deal with practicalities.

If you change your child’s name by deed poll and do nothing else…it’s going to feel in a lot of ways it’s all done and dusted. No one is going to stop you, say it doesn’t work like this or try to stop you (other than your ex partner – but we will go into that later).

Your child’s school will likely accept the name change. Partly because of a lack of knowledge of the law but often because the requirement is that the name on the birth certificate needs to be `acknowledged’ but a `known as’ name (the one on your new deed poll) can be used.

 

If you try to get a bank account in your child’s new name however…you may run into problems. Banks and other company’s aren’t compelled either way to accept or reject any names you ask for on an account – but they have the right to refuse and may do so when it comes to providing identification to prevent fraud (and as I say…deed polls are just declarations made with witnesses).

The real problems you’ll run into is when it comes to things like passports – you won’t get a passport with a name other than that on the birth certificate. Deed polls can be accepted as part of a passport application, if they’ve been `enrolled’ at the High Court (i.e. the court has made an order for this to happen) or everyone with Parental Responsibility for the child has provided a signed letter of agreement by everyone who has parental responsibility for the child concerned.

Anecdotal stories come up too where someone, getting married, finds out their `official name’ is different from the one they’ve grown up using – because when it comes to things like this…what is on the birth certificate is what really counts.

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Why might you want to change your child’s name?

There are many reasons why parents or guardians might want to change their child’s name. Some of the most common include:

• Family changes: Divorce, remarriage, or adoption can lead to a desire to change a child’s name to reflect their new family situation.
• Cultural or personal preference: A name change might align with cultural heritage or better reflect the family’s values and identity.
• Correcting errors: Mistakes in the spelling or recording of a name on the birth certificate may need to be corrected.
• Child’s wishes: As children grow older, they may express a desire to change their name for personal reasons.
• Personal reasons: Parents who are hurt by separation may wish to wish to change a child’s name to distance themselves and the child from an ex partner or spouse.

If you wish to change your child’s name and your ex partner/spouse won’t agree to a change you’re going to have to go to court. The court will want to know how you feel it is in your child’s best interests to change their name and may ask you how you feel they will come to harm if their name remains.

It’s important to realise that a family name is considered an important link to their heritage and if it is felt that a name change is being sought to do this to erase a child’s identity your chances of success here may be limited. You may also be asked why you felt that the original name was in their best interests…but isn’t now – separating from a parent on it’s own is unlikely to be seen as enough justification.

While the reasons vary, the process always requires careful consideration and legal compliance to ensure that the change is recognized and beneficial for the child.

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Legal framework for changing a child’s name

Who has the right to change a child’s name?

In England and Wales, a child’s name can only be changed with the consent of everyone who has parental responsibility (or a court if it orders it).

This includes:

• Biological mothers (who automatically have parental responsibility).
• Fathers married to the mother at the time of the child’s birth.
• Unmarried fathers listed on the birth certificate.
• Legal guardians or others who have been granted parental responsibility by the court.

If anyone who has parental responsibility for a child does not consent to the name change, you cannot proceed with the process. In such cases, you may need to apply to the court for a Specific Issue Order.

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Parental responsibility and consent

Parental responsibility refers to the legal rights, duties, and responsibilities that a parent has regarding their child. It’s important to understand who holds parental responsibility in your specific situation, as this will determine whose consent you need to obtain. Without proper consent, a deed poll will not be effective in legally changing the child’s name.

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The role of a Deed Poll in changing a child’s name

To reiterate – while a deed poll is often seen as the go-to method for changing a name, it’s not a standalone solution for children. The document serves as evidence of a name change, but its validity depends on meeting all legal requirements, including obtaining full consent. Without these prerequisites, organisations may reject the deed poll.

What a Deed Poll does and doesn’t do

• Does: Provides a written declaration of the intent to change a name.
• Doesn’t: Overrule the need for consent from all individuals with parental responsibility.
• Does: Help update records with organizations once legal consent has been secured.
• Doesn’t: Automatically lead to a legal name change for a child.

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Step-by-step guide to legally changing a child’s name

Step 1: Obtain consent

The most critical step in the process is obtaining written consent from everyone with parental responsibility. This consent is non-negotiable. If someone with PR for a child disagrees with the name change, the process cannot proceed without court intervention.

What to do if consent Is withheld

If someone with parental responsibility refuses to give their consent, you can apply to the court for a Specific Issue Order. The court will decide based on what is in the child’s best interests. Factors considered include:

• The child’s relationship with both parents.
• The child’s wishes, if they are old enough to express them.
• The reasons behind the name change request.

Step 2: Draft a Deed Poll

Once consent has been obtained, you can draft a deed poll document. This document should include:

• The child’s current name.
• The new name.
• A declaration that the name is being changed.

You can create this document yourself or use a professional service to ensure accuracy and compliance with legal standards. Although if you have a court order with a new name…you may not feel the need to get a Deed Poll at all (although many people do because – well – I think they like the certificate).

Step 3: Use the Deed Poll to update records

After the deed poll is completed, you’ll need to notify relevant organizations of the name change. This includes:

• Passport office
• Schools and educational institutions
• GP and NHS records
• Financial institutions (if applicable)

Each organisation may have its own requirements for accepting a name change. Some may request additional evidence, such as the written consent of both parents or a court order.

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Court applications for name changes

If consent cannot be obtained from all parties with parental responsibility, you may need to involve the court. This can be a lengthy and sometimes challenging process, but it’s often necessary when disputes arise.

Applying for a Specific Issue Order

A Specific Issue Order is a court order that resolves disputes about specific aspects of a child’s upbringing, including name changes. When reviewing your application, the court will consider the criteria set out in the Welfare Checklist. Among other factors it includes:

• The welfare of the child as the primary concern.
• The child’s views, depending on their age and maturity.
• The impact of the name change on the child’s relationships.

The court’s decision will be based on what it believes is in the child’s best interests.

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Common misconceptions about deed polls and name changes

Myth: A Deed Poll automatically changes a child’s name

Reality: A deed poll is only one part of the process. Without consent or a court order, it has no legal weight for children.

Myth: Paying for a Deed Poll service guarantees a name change

Reality: Many companies advertise deed poll services, but these documents are not legally binding for children unless all other legal conditions are met.

Myth: Organisations must accept a Deed Poll

Reality: Many organizations require additional evidence, such as parental consent or a court order, to update a child’s records.

FAQs about changing a child’s name

Can I change my child’s name without the other parent’s consent?

No. If the other parent has parental responsibility, their consent is legally required. If they refuse, a court order is necessary.

How long does the process take?

The timeline depends on several factors, including obtaining consent and updating records. Court applications can add several months to the process.

Is a Deed Poll valid for life?

Yes. Once a deed poll is issued and legally supported, it remains valid indefinitely.

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Final thoughts

Changing your child’s name is a meaningful but complex process. It’s also a very emotive one – it can feel like an extreme rejection by the other parent.

Deed polls hold no legal weight. it’s not a standalone solution for children. Legal compliance, including obtaining consent from all individuals with parental responsibility, is essential to ensure the name change is recognised.

Otherwise? That impressive certificate you paid a lot of money may look good on the wall…but not much use for anything else.

To find out how to do it lawfully and get the help you need to achieve this, book an Ask Me Anything online session and we’ll tell you everything you need to know.

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Franchising in the UK is BIG.

I’m going to guarantee you’ve heard of brands that are franchises (and may not know it). I’m pretty sure you’ve bought from one over the last week too. Just these facts should give you an inkling about how successful and prevalent this model is, as well as a clue about the opportunities that are out there:

There are more options open to you than either working as a paid employ or going it utterly alone.

Franchsing is a diverse and dynamic industry. It offers opportunities for budding entrepreneurs and established businesses alike. It’s a business model that has stood the test of time, providing a proven formula for success and given a huge number of people both the satisfaction of running their own business while enjoying the benefits open to them.

This is all well and good. Because many people aren’t clear what franchising is and don’t appreciate why is it such a powerful business tool.

I’m going to explore the above (and more) in this blog post. I’m going to talk about the history of franchising, how it has evolved globally and within the UK, and take a closer look at some of the most notable franchises operating today, from household names to emerging stars.

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What is franchising?

Let’s start with the basics. What even is `franchising?’

At its core, franchising is a partnership between two parties: the franchisor, who owns an established brand or business model, and the franchisee, who operates a branch of the business under the franchisor’s guidance.

This relationship allows franchisees to benefit from the reputation, support, and systems of the franchisor while still running their own business. A good franchise is one that is a win-win for everyone – if the franchisee is doing well…so is the franchisor. For franchisees, it’s an opportunity to start a business with a lower level of risk compared to starting from scratch. Meanwhile, franchisors expand their footprint and revenue without taking on the responsibility of running each location directly. This win-win setup has made franchising a cornerstone of the business world and particularly important in the UK economy.

That’s it in short. The concept is simple – the detail is usually more…detailed (of course). But that’s it.

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A brief history of franchising

The global beginnings of franchising

Franchising isn’t a modern invention—it has deep historical roots.

Some trace its origins back to the Middle Ages, when local authorities granted individuals rights to operate businesses, collect taxes, or maintain order in specific areas. This was a primitive version of franchising, where individuals operated under a larger system’s authority.

In the 19th century, franchising took a more recognizable form.

One of the first structured franchise agreements can be attributed to Isaac Singer, who franchised the rights to sell his sewing machines in the United States. Yes – those ones. You’re almost certainly to have heard of this brand and it’s quite possible you know someone who has one of these machines. A franchise that started over 170 years ago in 1851 is still alive, kicking and famous.

This marked the beginning of a structured business relationship where training, branding, and operating procedures were all part of the package.

The United States also witnessed the rise of large-scale franchising in the automotive and food industries. Companies like Coca-Cola and General Motors granted franchises to expand their reach, setting the stage for the modern franchising boom. Just about every fast food chain you’ve heard of is a franchise, as well as gyms, hotel chains, DIY stores and more.

These franchises are huge. Again…this is a testament to their success.

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Franchising in the UK: From pubs to fast food giants

Franchising, initially kicking off in the US quickly crossed to the UK.

In the UK, franchising began to take shape with tied pubs, where breweries would license pub owners to sell their products exclusively. This was an early form of business franchising, though it lacked the structured support systems we see today. Pub chains you’ve probably heard of include Marston’s, Fullers and Greene King.

The real franchising boom in the UK started in the mid-20th century. American fast-food chains like McDonald’s, KFC, and Burger King entered the UK market, bringing with them their tried-and-tested franchise models. These brands introduced the UK to the benefits of franchising: uniformity, quality control, and rapid scalability. Over time, franchising expanded beyond fast food to include industries like retail, education, home services, and even legal and financial consultancy.

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The current state of franchising in the UK

Today, franchising is a thriving sector in the UK.

And yet despite having heard of the many brands that are franchises…they seem to slip beneath the radar of many people.

Perhaps it’s because when you visit a franchise’s location that branding and products are so standardised you’d be forgiven for thinking you’re in just one of a large business’ premises and it’s directed from a large office somewhere. It could be argued that this means the franchise sector is a victim of it’s own success in this respect…visibility can be a problem.

But consider this.

According to the British Franchise Association (BFA), franchising contributes over £19 billion to the UK economy annually and supports more than 700,000 jobs. There are now over 900 different franchise brands operating in the UK, ranging from small local businesses to global giants.

One reason for franchising’s success in the UK is its versatility. From gyms to tutoring services, dessert parlours to estate agencies, franchising spans a wide array of industries. This means there’s something for everyone—whether you’re an aspiring entrepreneur or an established brand looking to scale.

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Why franchising is popular in the UK?

1. Lower risk: Franchising offers a proven business model, reducing the risks associated with starting a business from scratch. Franchisees receive training, marketing support, and a recognizable brand name, which can significantly boost their chances of success.
2. Scalability for franchisors: For businesses, franchising is a cost-effective way to grow. By licensing their brand and processes, they can expand without the overhead of directly managing each location.
3. Consumer trust: British consumers tend to trust established brands. Franchising allows new business owners to tap into that trust, giving them a competitive edge in the market.

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Major franchises in the UK

The household names

Some franchises have become household names in the UK, thanks to their consistent quality and widespread presence. Let’s take a look at a few of the big players:

• McDonald’s: Since opening its first UK branch in Woolwich in 1974, McDonald’s has become a cornerstone of British high streets. With over 1,600 outlets nationwide, it’s a prime example of how a well-executed franchise model can achieve phenomenal success.
• Domino’s Pizza: Entering the UK market in 1985, Domino’s quickly became the go-to pizza delivery service. Its innovative online ordering system and consistently high-quality products have cemented its reputation as a leader in the sector.
• Subway: Known for its customizable sandwiches, Subway has expanded rapidly across the UK. It appeals to health-conscious consumers and those looking for quick, affordable meals.
• Costa Coffee: The UK’s love affair with coffee has made Costa one of the country’s most successful franchises. With over 2,000 stores, Costa has become synonymous with quality coffee and cozy cafes.

Notice how they’re all food retailers? Don’t be too surprised – food is (not surprisingly) big business and these are long established brands. All of these aside from Costa Coffee are American too – which meant by the time they arrived in the UK they were already well established enterprises.

The rising stars

While big brands dominate the landscape, smaller franchises are also making waves by carving out unique niches:

• Kaspa’s Desserts: Specializing in indulgent treats like waffles, sundaes, and milkshakes, Kaspa’s has tapped into the UK’s growing dessert culture. The vibrant, Instagram-friendly interiors of its locations make it a hit among younger customers.
• Snap Fitness: This 24/7 gym franchise has grown in popularity due to its convenience and affordable pricing. With a focus on flexibility and no long-term contracts, Snap Fitness appeals to modern lifestyles.
• Tutor Doctor: Operating in the education sector, Tutor Doctor provides personalized tutoring services for students of all ages. With education being a priority for many UK families, this franchise has seen consistent demand.

These are newer brands – and reflect a growing trend of the franchising model expanding into other sectors (aside from food). It represents the model maturing and again points to it’s overall success.

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Emerging trends in UK franchising

Franchising in the UK continues to evolve as a result of broader societal changes. The traditional models of either working for someone else/a business or otherwise starting your own business from scratch have been supplemented by the franchise system.

There definitely seems to be a move towards the benefits franchising provides.

Here are some key trends shaping the industry:

1. Sustainability: More franchises are focusing on eco-friendly practices, from reducing waste to using renewable energy sources. Consumers are increasingly prioritizing sustainability, and franchises that adapt to this demand are gaining a competitive edge.
2. Technology integration: Whether it’s app-based ordering, virtual consultations, or AI-driven marketing, technology is transforming how franchises operate and connect with customers.
3. Work-life balance: Many modern franchises cater to franchisees who want a better work-life balance. Home-based franchises and part-time opportunities are becoming more common, attracting a wider range of entrepreneurs.
4. Pet-based services: From dog grooming to pet photography people are spending increasing amounts of cash on their furry friends.
5. Legal services: The traditional solicitor-in-an-office is gradually moving into a series of individuals and teams who often work from home to drive down costs and improve customer offerings.

Like every other aspect of business (and society!) there are always new developments that mean there are opportunities for those who spot and capitalise on them.

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How to choose the right franchise in the UK

If you’re considering franchising, the options can feel overwhelming. Here are some tips to help you find the perfect fit:

1. Assess your interests: Choose a franchise that aligns with your passions and skills. If you love fitness, for example, a gym franchise like Snap Fitness might be a good fit.
2. Research the market: Look into the demand for the franchise’s products or services in your area. A dessert franchise might thrive in a busy city but struggle in a small rural town.
3. Check the support system: A good franchisor will provide comprehensive training and ongoing support. Speak to existing franchisees to get a sense of the level of assistance you can expect.
4. Understand the costs: Franchising requires an upfront investment, along with ongoing fees. Make sure you understand the financial commitment and have a clear plan for funding.
5. Read the fine print: Franchise agreements can be complex. Consider seeking legal advice to ensure you fully understand the terms before signing.

There are a huge number people who express an initial interest in franchising but never quite there for various reasons – but the opportunities are there for the right people with the right mindset.

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The future of franchising in the UK

The truth is that franchising in the UK shows no signs of slowing down.

More and more people are becoming franchisees, taking advantages of the benefits of how they work and the rewards can be very worthwhile – both in terms of finance remuneration, true. But also things like work-life balance, satisfaction, flexibility and more.

As consumer preferences evolve and new industries emerge, franchising will continue to adapt and thrive. With its combination of lower risk, brand recognition, and scalability, franchising remains an attractive option for both entrepreneurs and established businesses.

Whether you’re looking to start your own business or expand an existing one, franchising in the UK offers a world of possibilities. From fast-food giants to boutique services, there’s a franchise out there for everyone. So, if you’ve ever dreamed of being your own boss, now might be the perfect time to explore what franchising has to offer.

Would you know when you would need for a Specific Issue Order?

The Family Court can make a wide variety of orders. Applying for the wrong one can be a waste of your time, money and effort at best. At worst, it can impact the whole trajectory of your case – so it’s important to apply for the right one.

To complicate things – and I hate to say this – family law can be more of an art than a science sometimes. If it was black and white, solicitors and barristers (and people like me) would be out of a job because for every situation rules could be applied at one end and an outcome at the other.

You probably know it isn’t as simple as that – as you’ve probably asked the question `What is a Specific Issue Order?’

Among the various orders the court can issue, a Specific Issue Order often comes into play when parents can’t agree on a particular matter concerning their child’s upbringing. But what exactly is a Specific Issue Order, and how does it work?

In this blog post, we’ll explain everything you need to know about Specific Issue Orders, why they might be necessary, and how they can impact your family dynamics. Our goal is to provide clear, practical information to help you understand the process—without drowning you in legal jargon. No one has time for that.

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What’s a Specific Issue Order?

A Specific Issue Order is a type of order made by the family court in England and Wales under Section 8 of the Children Act 1989. It is used to resolve a specific dispute between parents (or other individuals with parental responsibility) about a child’s upbringing. The order focuses on one particular issue, rather than dealing with broader parental responsibilities.

Examples of situations where a Specific Issue Order might be needed include:

• Deciding where a child should attend school.
• Determining whether a child should receive a particular medical treatment.
• Settling disagreements about religious upbringing.
• Deciding if a child can relocate within the UK or abroad.

The court’s primary concern when making any decision is the welfare of the child. This is guided by the welfare checklist, which considers factors such as the child’s wishes (depending on their age and understanding), their emotional and physical needs, and any potential impact of the decision on their wellbeing.

Specific Issue Orders provide clarity and help prevent prolonged disputes that could negatively impact a child’s wellbeing. By addressing a particular disagreement, they allow parents to focus on fostering a stable environment for their child.

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When might you need one?

I hate to be that legal guy but the true answer is…`it depends’.

Let me break it down for you and explain why that is.

A court order is a piece of paper that sets out the decisions a court has made. But orders contain orders.

So for example…you may be applying for contact (or `spends time with’ in modern parlance) with your child. But you can apply for other things at the same time – such as a Prohibited Steps Order (which orders someone not to do something) or a Specific Issue that does the opposite. If you’re not already in the court system you’re going to need a C100 form which has tick boxes to let the court know what you want.

If you are already in court you’re going to need a C2 form – this lets you make an application in an existing application in relation to children. The bad news here is that if you’ve done something like filled in and sent off your C100 form (and paid the fee for it too…) you’re going to have to pay again for your C2 application to be dealt with.

Anyway – here are some common scenarios you may want to make a Specific Issue application:

Sorting Out school disputes

Education is, sadly, a key battlefield between parents.

It’s not surprising. Education is a key part of a child’s development, but disagreements can arise about the type of school a child should attend. One parent might prefer a local state school, while the other favours a private or faith-based school. Others may wish to home school. These disagreements can be heightened if the school’s location or teaching philosophy has implications for the child’s routine or identity. A Specific Issue Order can resolve this disagreement by allowing the court to decide what’s in the child’s best interests.

Medical Decisions

Parents may have differing opinions about medical treatments, especially if the treatment involves invasive procedures or has long-term consequences. For example, one parent might want their child to undergo a vaccination, while the other opposes it due to personal beliefs. In some cases, parents might disagree on how to approach treatment for a chronic condition or disability. When such disagreements arise, a Specific Issue Order can provide a clear resolution, ensuring the child’s health needs are prioritised. Religious beliefs may be a factor here too.

Moving Away or Travelling

Relocation can be a contentious issue, especially if it involves moving abroad or to a distant part of the UK (or even beyond). One parent might want to relocate for work, a new relationship, or family support, but the move could impact the other parent’s contact with the child. In such cases, the court’s role is to balance the child’s need for stability and ongoing relationships with both parents. A Specific Issue Order can provide clarity, whether it’s granting permission for the move or setting conditions to maintain the child’s relationship with both parents.

While a parent is not permitted to relocate a child out of jurisdiction (i.e. if they are habitually resident in England or Wales they need to remain there) unless a court order says otherwise or all holders of PR for the child agree to this.

Religious Upbringing

In families with parents from different faiths, disagreements about a child’s religious upbringing can become a source of tension. One parent might wish to raise the child in a particular religion, while the other prefers a secular approach. In these cases, the court’s decision will focus on what’s in the best interests of the child, including their cultural identity and sense of belonging.

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How to apply for one (if you’re not already in court)

Applying for a Specific Issue Order is a step-by-step process. Here’s how it typically works:

1. Try to resolve things outside court

Before turning to the court, try mediation.

Even if you think it won’t work. Because as unlikely as it is it can be resolved between you and your ex it’s still way less costly, upsetting and besides…there is a legal requirement.

Mediation involves a neutral third party who helps parents discuss their disagreements and reach an agreement. Mediation is often faster, less stressful, and less expensive than court proceedings. In fact, attending a Mediation Information and Assessment Meeting (MIAM) is usually a required step before making a court application, unless there are exceptional circumstances, such as domestic abuse.

2. File a C100 Form

If mediation doesn’t work, you can apply for a Specific Issue Order by completing a C100 form. This form is submitted to the family court and outlines the specific issue you need the court to resolve. You’ll need to provide details about the dispute, the child’s circumstances, and why you believe a court decision is necessary. The form requires a fee, though exemptions may be available for those on low income or certain benefits. If you have attended a MIAM, the mediator will complete a section of this form for you to confirm you attended.

3. Court Hearings

Once your application is submitted, the court will review it and schedule a hearing. At the hearing, both parents (or other parties) will have the opportunity to present their case, provide evidence, and suggest solutions. The court may also appoint a CAFCASS officer to assess the child’s situation and provide recommendations. CAFCASS (Children and Family Court Advisory and Support Service) focuses on ensuring the child’s welfare is at the heart of the decision.

4. The Final Decision

After considering all the evidence and the Welfare Checklist, the court will issue a Specific Issue Order. This order will provide clear guidance on the disputed matter, ensuring the child’s best interests are prioritised.

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How to apply for one (if you’re already in court)

If you are already in court…you’re going to need to complete a C2 form. You’ll need to pay (another fee) for it unless you are exempt from doing so.

Sometimes a court will allow you to make `oral application’ – i.e. you can ask in a court hearing to add this matter to your existing case. But there is a good chance you’ll be told you need to fill in a C2…which can take time to work it’s way through the system.

It’s why it’s good to get everything you need the court to help with at the start of your case if you can because it’s going to cost you time, money and effort. That’s not to say that stuff doesn’t come up – but if you can avoid this scenario…do so.

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What does the court look at?

When deciding on a Specific Issue Order, the court’s primary concern is the child’s welfare. To reach a decision, the court considers the Welfare Checklist, which includes:

1. The child’s wishes and feelings. The court must consider the child’s wishes and feelings, taking into account their age and understanding. Generally, more weight is given from age 11 or 12, but maturity and circumstances matter. CAFCASS typically speaks with the child, but judges may step in during exceptional cases. The court ensures these wishes are genuine and not influenced by a parent. Wishes are one factor and don’t solely determine the outcome.
2. Physical, emotional, and educational needs. The court assesses the child’s short- and long-term needs and determines how parents can best meet them, based on evidence. While physical needs are straightforward, emotional needs may need deeper evaluation. Stability and adaptability to a child’s changing needs are key.
3. Impact of changes. The court considers how changes such as a new home, school or court order might affect the child. Priority is given to minimising disruption and maintaining stability.
4. Age, sex, and background. The court accounts for the child’s age, cultural, religious, and other relevant characteristics, specific to their family context.
5. Past or potential harm. The court evaluates harm the child has experienced or risks facing. Harm includes ill-treatment or impaired health and development. Protective measures, such as safeguarding orders, may be issued. Allegations of domestic abuse are also scrutinised.
6. Parental capability. The court ensures both parents can meet the child’s needs. This includes evaluating housing, parenting abilities, and each parent’s commitment to prioritising the child.
7. Court powers. The court can issue a range of orders, even those not specifically requested, such as Prohibited Steps Orders to prevent a parent from leaving the country without consent.

These considerations help ensure the court’s decision supports the child’s overall wellbeing and provides stability.

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Introduction

Take it from me: You don’t want to go to court entirely alone.

We call people who do so `Naked LiPs’ (an `LiP’ is a `litigant in person – someone who represents themself). Doing that can be as awkward as it sounds.

The prospect of going to court alone is probably scary even before you have set foot inside a court building. You’ve probably faced hostile words from an angry or upset ex partner, or maybe you’re hurting from being stonewalled. It may be you’ve been told `If you don’t like it – tough’. If you’ve faced an email or letter from their solicitor, it’s even harder. You’re seeing allegations you know aren’t true made against you making you look selfish, evil and possibly stupid too. They may lead you to think you should just give up and walk away – because walking into a court seems like stepping into a gladiatorial arena or a bear pit.

No one with any sense would want that, right?

The thing is that if you don’t have the money to afford a solicitor or barrister…or you do but you don’t trust them you are still going to need guidance in court.

This is where McKenzie Friends come in.

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What is a McKenzie Friend?

A McKenzie Friend (also referred to a MF) is a person who assists an LiP by providing moral support, helping with case papers, and offering guidance on court procedures. This guide explores the role of McKenzie Friends in detail, including what they can and cannot do, how they can assist with court representation, and how to choose the right one for your case.

If you’re new to the family court system you probably either a) have never heard of McKenzie Friends or you have, but you’re not sure how they work. This guide is going to provide all the information you need to know before deciding if you want to go it entirely alone, use a solicitor or opt for a McKenzie Friend to help you.

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Understanding the Role of McKenzie Friends

The term “McKenzie Friend” originates from the 1970 case McKenzie v. McKenzie, in which a husband representing himself in divorce proceedings was denied assistance from a friend in court. The ruling ultimately established that individuals representing themselves have the right to receive help from a McKenzie Friend. Since then, the role has grown in importance, particularly in family law cases where individuals frequently represent themselves due to the high cost of legal fees.

The term is a legal one. It’s not the name of a company, a person or an organisation (although there are ones that give the impression they’re some kind of regulatory authority).

McKenzie Friends don’t need to be legally qualified., Nor do they have to be professionals. Most McKenzie Friends charge for their services. There are other people who work on a voluntary basis but they are often extremely limited in what they can do. They can be friends, family members, or individuals with experience in court matters. Regardless of their background, their primary function is to support a litigant in person by helping them navigate the complexities of the legal system.

A McKenzie Friend’s support extends to preparing case documents, helping individuals understand legal terminology, and offering quiet advice during hearings. However, it is important to note that they do not have the same rights as solicitors or barristers. They cannot conduct litigation, act as a legal representative, or address the court directly. They cannot provide court representation. Their role is strictly supportive, ensuring that the person they assist is well-prepared and confident in their ability to present their case.

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Why use a McKenzie Friend instead of a solicitor?

Over the years, the number of McKenzie Friends has increased exponentially. When I started working as one back in the mid 2000s they weren’t that common. The reductions in legal aid, the increasing numbers of people going through family breakdown, the ineffectivness of mediation and a process that seems to pitch separating couples has all added fuel to the fire.

Ask most solicitors about McKenzie Friends and you’ll be told they’re not regulated, don’t have to be insured, don’t have to be qualified and they’re not legal professionals. Which is all true. They’ll also say that for this reason, people will only use a McKenzie Friend if they can’t afford a solicitor.

The feedback we’ve received over the years says something different however.

Many people do use a McKenzie Friend due to cost but a large proportion of litigants who can afford the huge legal bills incurred by using a solicitor or barrister choose to represent themselves with the assistance of one.

The experience of using a McKenzie Friend is not the same as being represented by a solicitor. Many people who go down this non-traditional route leave feeling empowered, heard and believing they maximised their chances of a favoured outcome. Compared to sitting mutely in a court room, feeling excluded from decisions that are going to affect their lives, children and finances.

A McKenzie Friend isn’t a solicitor and vice versa. There are up and downsides to both. In my experience, most people are more than equipped to represent themselves with the right McKenzie Friend by their side – but it isn’t for everyone. So do you research on both before making a decision.

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The Rules (part 1)

There are clear rules that explain everything concerned with McKenzie Friends – rules explained by the court.

Most of the rules are fairly common sense and clear. There are grey areas (I mention that elsewhere in this post) and this whole post talks about them one way or another.

Anyone who wants to act as a McKenzie Friend should provide a copy of their CV to all parties concerned as well as the court. When I assist people, I send the litigant in person I’m helping an electronic copy and ask them to send it to the court and other party’s solicitor around a week before the hearing. On the day of the hearing I ask them to take paper copies too – which we’ll give to the usher to give to the magistrates or judge before the hearing, a copy for the other party (or their solicitor) and also any CAFCASS officer or social worker involved with the case.

It’s common courtesy to do this – and will reduce the discussion about who you are, what you’re doing and whether you should be there.

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The Rules (part 2)

My client should also provide a `letter of application’ to the court saying they intend to bring a McKenzie Friend to the hearing with them. This should be sent with the CV to everyone concerned (and copies should be brought on the day). The sample one I provide includes case law concerning McKenzie Friend. But this is often `over egging the pudding’ because McKenzie Friends are very common and their role is well established in law nowadays. They’re almost certainly not needed these days (and the court will usually provide a form for the litigant in person to complete instead of this) – but I’m a `belts and braces’ kind of guy so I’ll do this just to be sure.

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How McKenzie Friends Help with Court Representation (part 1)

As I mentioned in the intro to this post for many people, the thought of appearing in court without legal representation is intimidating.

For others they `want to do it properly’: If you’re going to court, you get a solicitor. That’s just how it works. Court representation is how you do it. If you speak to many solicitors and judges they’ll tell you that it’s best to use a solicitor or barrister for a variety of reasons (I’ll go through them later).

It’s true. The legal system is complex, with rules and procedures that can be difficult to understand. It’s understandable that with such a complex subject you need someone who knows what they’re doing by your side during your case. McKenzie Friends help bridge this gap by providing valuable assistance before, during, and after court hearings. If your ex exhibits narcissistic tendencies they may well have experience of it. Their experience and knowledge can be a real asset in this situation.

Before the hearing, McKenzie Friends assist litigants in person by helping them organize and review their case documents. Most of the work and `action’ in a case takes place long before you even get close to a court building.

This can include preparing witness statements, drafting position statements, and ensuring that all necessary paperwork is in order. They also help litigants in person understand their rights and obligations, ensuring they are well-prepared for their court appearance.

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How McKenzie Friends Help with Court Representation (part 2)

On the day of the hearing a McKenzie Friend can be by the side of the litigant in person every step of the way from the moment they go to court.

During the hearing itself, a McKenzie Friend sits beside the litigant in person, offering moral support and quiet advice. They can also take notes. I’d go further and say you will need someone next to you – it’s hard to speak, think and write at the same time while being in a tense, emotive environment while not being completely clear about what is going on.

Additionally, they help the litigant understand what is happening and suggest points they may wish to raise. However, they do not have the right to speak on behalf of the litigant unless specifically granted permission by the judge, (which can be rare). An experienced McKenzie Friend will prepare the litigant in person for this however and it’s seldom a problem.

After the hearing, McKenzie Friends can provide further assistance by helping litigants in person review the outcome and determine their next steps. This can include explaining the judge’s decision, discussing potential appeals, and helping prepare for future hearings if necessary. Their support can be invaluable, particularly for those unfamiliar with legal processes. They’ll `debrief’ the litigant in person and be able to provide hearing notes if needed.

Finally – they can check the order made matches what was said in the hearing and discuss the options if it isn’t right.

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Choosing the Right McKenzie Friend

Selecting a McKenzie Friend is an important decision. Since they will have access to sensitive case information and play a key role in providing court support, it is essential to choose someone trustworthy, experienced, and reliable.

While McKenzie Friends do not require formal qualifications, some have extensive experience in court matters and can offer valuable insights. Many professional McKenzie Friends have backgrounds in law, social work, or advocacy, making them particularly well-suited to provide guidance. However, there are also many individuals who offer McKenzie Friend services without proper knowledge or experience. So it is important to conduct due diligence before choosing someone to assist you. There are also people out there who have beliefs – shaped by their own views on their own case, gender issues, shared parenting, domestic violence and more – who may not align with what you set out to achieve.

When selecting a McKenzie Friend, it is important to ask about their experience with similar cases, their understanding of the legal process, and their approach to providing support. Regarding fees, it is advisable to clarify their pricing structure in advance to avoid unexpected costs. It’s a good idea to check for reviews or testimonials from previous clients. These can provide valuable insights into their reliability and effectiveness.

McKenzie Friends should also adhere to ethical guidelines. They should always act in the best interests of the children and litigant in person, maintain confidentiality, and avoid conflicts of interest. If a McKenzie Friend appears to be making unrealistic promises or pressuring you into decisions, it may be a red flag that they are not acting ethically.

Do your research. Check out social media posts. Watch YouTube videos and content on other platforms. Look at reviews.

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The Benefits of Using McKenzie Friends

For many litigants in person, McKenzie Friends provide a lifeline.

Traditional legal representation is expensive. And not everyone wants to use a solicitor or barrister. In these cases, McKenzie Friends offer an alternative, ensuring that individuals still receive support in court.

McKenzie Friends empower litigants in person by helping them take control of their own cases. With their assistance, individuals gain a better understanding of the legal system, develop confidence in representing themselves. This empowerment is particularly valuable in family law cases, where emotions run high, and individuals often feel overwhelmed.

Another key benefit of McKenzie Friends is that they reduce the stress associated with legal proceedings. Going to court alone can be an isolating experience, but having someone by your side can make the process more manageable. Knowing that you have support can help ease anxiety and ensure that you stay focused on presenting your case effectively.

McKenzie Friends can also contribute to better case outcomes. With their assistance, litigants in person can present well-organized arguments, submit necessary documents correctly, and follow proper court procedures. This improves their chances of achieving a favorable result and avoiding costly mistakes.

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Common Misconceptions About McKenzie Friends

There are several misconceptions about McKenzie Friends that can lead to confusion. One common myth is that McKenzie Friends are the same as solicitors or barristers. While they provide valuable support, they do not have the same legal standing and cannot formally represent clients in court. Another misconception is that McKenzie Friends can speak on behalf of litigants in person. This happens but this is only allowed in exceptional circumstances with the judge’s permission.

Some people also believe that McKenzie Friends can provide legal advice. While they can offer guidance on court procedures and suggest strategies. But they cannot offer formal legal advice in the way a solicitor or barrister can. Litigants in person need to be aware of these distinctions so they can set realistic expectations when working with a McKenzie Friend. Although it’s important to understand that what constitutes `advice’ is a grey area. But an experienced McKenzie Friend will be able to help you out here.

Additionally, there is a misconception that McKenzie Friends are completely unregulated.

It’s true – there is no regulatory body that deals specifically with them. But they are still expected to adhere to ethical standards. In hearings, a court will expect the McKenzie Friend to provide a CV. It will also ensure they are clear about their roles and responsibilities and are helping rather than hindering proceedings. In this respect – the court has a wide ambit of discretion. Judges and magistrates understand that a court case can be stressful. Someone providing good quality assistance is only going to help. That said? A McKenzie Friend is permitted to attend a hearing on a hearing-by-hearing basis and can be removed if it’s considered appropriate to do so.

But – they cannot provide court representation. Only a solicitor or barrister can do that. If you need someone to represent you, a McKenzie Friend isn’t the right person for you.

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Who can be a McKenzie Friend?

I’m wondering if this should be in the previous paragraph – the one about misconceptions. Not everyone can be a McKenzie Friend.

Sort of.

If you’re going to a court hearing and you want someone by your side it’s reasonable enough you’re going to want someone who is familiar to you – a friend or a relation. They’re also (probably) not going to charge you, unlike most professional McKenzie Friends.

Strictly speaking though?

Anyone with an `interest’ in your case shouldn’t be your McKenzie Friend…which does mean friends and family members. It also includes someone who is representing an organisation of any kind (although it’s important to say anyone is free to be a member of an organisation including some of the types I’ve mentioned above).

If you do take someone with an interest in your case you’ll probably get away with it. Probably. If the judge is a stickler for rules however – they could find themselves excluded. This is also the case if the person you’ve taken with you is a witness in your case (i.e. they’re going to be cross-examined), if they’ve been heavily involved in proceedings or the other party convinces the court they shouldn’t be there.

On that last point?

The court will ask if they object to your McKenzie Friend (whether they’re a friend or family member or not). The court is less likely to accept them if they do have an interest in the case.

With this in mind, consider if this is a gamble you are happy to take. If it goes against you, your McKenzie Friend could spend the hearing sitting outside in the waiting room, instead of being by your side. If you need someone by your side, but you have no one you can take court representation is the way forward for you.

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Can I use a McKenzie Friend to help me with paperwork and a barrister in court?

The answer to this is a straight yes. A McKenzie Friend can help you with all aspects of paperwork and you can use a barrister in court if you don’t want to speak for yourself.

In a traditional model you’ll use a solicitor to deal with the paperwork side of things and then a barrister in a hearing (although solicitors can do that too). But a solicitor will be unwilling to represent you in court if they’ve not been involved in the paperwork.

If you’re going to use a barrister to represent you in court while using a McKenzie Friend for the stuff outside of a hearing you’re going to need a `direct access’ barrister. Many barrister only work after being instructed by a solicitor – but the `direct access’ variety don’t.

It’s something we’ve done before – it’s a great compromise between using a McKenzie Friend throughout or using a solicitor for the whole case. It enables you to be tactical and only pay legal costs when you really, really feel you need then.

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Is a McKenzie Friend allowed to charge?

This is another misconception. Litigants in person, solicitors and judges have told me McKenzie Friends aren’t allowed to charge. And been asked by the latter how much I am charging too!

But the law is clear – a McKenzie Friend is permitted to charge.

As I say elsewhere, while there are free McKenzie Friend (although they’re rare). The fees of the ones who charge vary wildly. There are some who work for expenses only but others who charge fees that aren’t too much lower than a solicitor.

How they charge varies too. Which is why you should be clear about this before you engage one.

Some work on an hourly rate, charging a retainer – similar to the model many solicitors use. Others will offer a fixed fee. Others still (like us) provide a pay-as-you-go model.

There are two things more things you need to know about McKenzie Friend charges too:

• As they’re not solicitors they cannot accept legal aid.
• You cannot usually recover the costs of your McKenzie Friend against the other side.

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Conclusion

McKenzie Friends can provide absolutely invaluable support. From helping with case preparation to offering guidance during hearings, they play a crucial role in assisting litigants in person. While they do not have the authority to act as legal representatives, their assistance can make a significant difference in how individuals navigate the legal system.

A good one is worth their weight in gold, providing assistance while both putting the litigant in person in the driving seat. They’re also a cost-effective alternative to a solicitor.

Choosing the right McKenzie Friend requires careful consideration however. It is important to select someone with relevant experience, a strong ethical approach, and a genuine commitment to helping you succeed. By doing so, you can ensure that you receive the best possible support in your legal proceedings.

If you are facing a court case without court representation, remember that you don’t have to go through it alone. A McKenzie Friend can provide the guidance and reassurance you need to navigate the process with confidence.

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No one wants to go to the family court.

OK, that’s not strictly true. It’s better to say `no one goes to the family court unless they feel there is another option’. They represent a last resort – if you can resolve the matter in hand without entering the legal system you should absolutely do so.

Asking a court to deal with a divorce, a dispute over children, or financial matters can be an awful experience. It can be intimidating, emotionally draining, and at times, downright confusing. If you’re facing legal proceedings, you probably have a million questions. What happens in court? What do I need to do? Do I need a solicitor? Can I do this on my own?

Just about everyone who goes through this system feels overwhelmed. They can also feel disempowered, a sense of unfairness and unjustness. It’s time consuming, stressful and often expensive.

The family court system in England and Wales exists to help resolve disputes, particularly when it comes to children and family relationships. While you might not always feel that way, the system aims to make fair decisions that prioritize well-being—especially that of children.. The process sees people – usually separating couples – going head to head with a court making a decision concerning some of the most important things in their lives.

It’s almost inevitable that at least some of the people going through it are going to leave feeling utterly miserable at the outcome.

This guide will walk you through everything you need to know, from how the family court works to what to expect at each stage of the process. Whether you’re working with a solicitor or representing yourself, understanding the basics can help you feel more prepared and in control.

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What is the Family Court and What Does It Do?

The Family Court legally resolves disputes involving family relationships. It’s part of the civil court system (as opposed to the criminal courts).

It covers everything from divorce and financial settlements to child arrangements, parental responsibility, domestic abuse protection orders, and even adoption cases.

Before 2014, family cases were heard in different courts depending on the situation—some went to magistrates’ courts, others to county courts, and some even made their way to the High Court. This led to confusion and delays. Lawmakers introduced the Family Court to bring everything under one umbrella, making the process clearer and more efficientt.

As it stands today, when someone makes an application to the Family Court, a decision will be made at the outset whether you’re going to be seeing a judge, magistrates or someone else. Within the family court there is a hierarchy of courts and the people who deal with them. From `lowest’ to `highest’ its:

1. Magistrates
2. Judges
3. High Court Judges

Be aware that there are many types of judges you may come into contact with too. For relatively simple cases you’re probably going to see magistrates. For more complex cases, you’re more likely to have a judge dealing with your situation. In some circumstances, it could be a High Court Judge who may be at your local court but often at the Royal Courts of Justice in Central London.

The system is under strain. The courts try to triage cases to ensure matters are dealt with as best as possible. Over the years, the number of applications have risen and that trend is still continuing.

But while the structure has improved, the experience of going to family court can still be stressful. Unlike what you see on TV courtroom dramas, there are no dramatic outbursts or surprise witnesses. Instead, family court hearings are generally calm, structured, and focused on finding a fair resolution.

Over recent years much has been done to try to make things easier. You’re not going to see anyone in a wig or robes (apart from ushers outside the hearing itself). You won’t hear much `legal Latin’ being used and plain English being favoured where ever possible. The court is alive to the fact that an increasing number of people represent themselves and that many hearings are a `lawyer-free zone’ (something said by a previous President of the Family Law Division, Sir James Munby in a speech a few years back).

The advent of Covid had an impact too – many hearings went virtual. And while in person hearings are creeping back, they’re still relatively common because it can save an awful lot of time and stress for litigants.

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Do I Have to Go to Court?

Not necessarily. As I’ve already said, the court is usually the last resort when people can’t agree. Before you even think about filling out court forms, you’ll need to explore other options—mediation being the main one.

Mediation is a process where an independent mediator helps you and the other party (usually a former partner) reach an agreement. It’s often quicker, cheaper, and less stressful than going to court. In most cases, before you can apply to the family court, you must attend a Mediation Information and Assessment Meeting (MIAM)* to see if mediation is suitable. A MIAM is the bare minimum requirement before making an application – there’s even a section on the C100 form for the mediator to complete to show you’ve attended one.

However, there are exceptions. If there’s been domestic abuse, if the case is urgent (for example, if a child is at risk), or it’s likely that someone is going to take advantage of the delay to cause problems (such as removing the children to a foreign country rather than discussing things) you may be able to bypass mediation and go straight to court.

Now…this is the theory.

I’m going to incur the wrath of many mediators and solicitors by saying this: Mediation seldom works. And there’s a simple reason for this.

That reason is that – for want of a better way of putting it – possession (of the children, in child cases) – is effectively nine tenths of the law. Or to put it another way, a parent who is happy with the arrangment for the children has nothing to gain by attending mediation and everything to lose. Couple that with the family court paying a lot of attention to the status quo, the longer a situation is in place, the harder it is to argue that it should be changed. It’s something that litigants – and their solicitors – will inevitably rely on when an application is made.

Finally. Mediation is not legally binding. If you come to an agreement and one of you changes your mind, the court is the only arena to deal with matters.

* A MIAM is a meeting – not mediation itself.

It’s a meeting you’ll go to alone (your ex won’t be there) where you’ll have the opportunity to discuss your situation and what you want to achieve. Many mediators will – of course – be keen for your ex partner to attend a MIAM too, followed by mediation itself. If there’s a good chance it’s going to work, you should engage. If it’s apparent your ex partner is dragging out the process or not engaging in a meaningful manner however it’s worth considering if the court is more likely to be able to help you.

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The Court Process: Step by Step

If mediation doesn’t work—or isn’t an option—the next step is applying to the court. This is where things can start to feel even more overwhelming, but breaking it down into steps makes it more manageable.

Step 1: Making an Application

You’ll need to complete the right form, depending on your case. If it’s about child arrangements, for example, you’ll need Form C100. If it’s about financial matters, you’ll need Form A. You can fill out the forms online or on paper, and you must pay a court fee (though you might qualify for financial help).

There are a whole host of forms to complete for different situations. It’s sometimes appropriate to submit more than one form at once; in other situations there are certain sequences that need to be followed. Once submitted, the court processes the application and sends a copy to the other party. This process is called serving the application, and the recipient will have a chance to respond.

Every application has an associated court fee with it. This is separate to anything you’re paying a McKenzie Friend, solicitor or barrister for. You pay this fee directly to the court. It’s possible for some people to get fee remissions too if they meet financial criteria (you’re going to need to complete an EX160 form to do that).

The only free application is for a Non Molestation Order, incidentally. All the rest have a fee.

If you fill in the wrong form, make mistakes, etc. there are a number of possible outcomes:

1. The court will send your form back to you. They probably won’t tell you what the mistake is. This will delay matters until you correct and resend it.
2. You’ll get to court, and the court will delay proceedings while they work things out.
3. You’ll get to court, and the judge will dismiss (shut down) your application without dealing with it.

It’s often not the end of the world if you make a mistake – but it will almost certainly cause delays and can cost you more money when you have to pay another application fee.

If you’re representing yourself it’s a good idea to make multiple copies of the forms, take them to the court and ask the staff to check them over to make sure they’ll accept them. While staff aren’t permitted to give you legal advice (if you ask, you’ll be told to speak to a solicitor) it’s better to be turned away at the start, rather than sending the forms and then having them posted back to you a few weeks later).

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Step 2: The First Hearing

Your first hearing for children matters —often called the First Hearing and Dispute Resolution Appointment (FHDRA)—is where a judge or magistrate will try to understand the issues and see if an agreement can be reached. For finance cases it’s called a Financial Dispute Resolution Hearing (FDR).

For child cases, a CAFCASS (Children and Family Court Advisory and Support Service) officer may also sometimes be present to assess any risks or safeguarding concerns. Otherwise, there should be a `Schedule 2′ letter – a short report they’ve submitted that lists out basic facts about your case.

Courts almost never end a case at the first hearing. It is technically possible however. But you most definitely should not count in this happening. These hearings exist to help the court understand the basics of the case and work out a path going forward. It also gives you a chance to speak to your ex-partner (or their solicitor) to determine what you can and can’t agree on. Most of the `action’ takes place outside the court hearing – if it’s possible to narrow the issues and agree on some things before a court has to make a decision, it’s only every going to help you save time and money.

And here’s another fact—when you reach an agreement, the order is more likely to work, and you’re more likely to feel comfortable with it compared to one where the court imposes a decision on you, whether you like it or not

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Step 3: Further Hearings (If Necessary)

If the parties do not reach an agreement, the court may schedule more hearings. These might involve gathering more evidence, speaking to witnesses, or receiving expert reports (such as Cafcass recommendations).

At every stage, the judge will encourage both sides to compromise and reach an agreement. The longer the case goes on, the more stressful (and expensive) it can become. A case can be amiable, constructive and relatively simple. Or it can be long, tortuous, drawn out and painful – depending on how awkward/determined one or both parties are.

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Step 4: The Final Hearing

If the parties do not reach an agreement, the case will go to a final hearing, where a judge will make a legally binding decision. This is where both sides present their arguments, submit evidence, and answer questions. After considering everything, the judge will make a final ruling, and both parties must follow it.

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Representing Yourself: Can You Do It?

With legal costs soaring, many people now represent themselves in family court. While having a solicitor can be helpful, it’s not essential. If you’re acting as a litigant in person (LIP), you must prepare yourself.

And it’s important to say that increasing numbers of people who are fully able to fund a solicitor or barrister to represent themselves choose to do so.

Disclaimer: We admit our bias. We’ve huge advocates (pun not intended) for people representing themselves. With the assistance of people such as ourselves we’ve found that around 80% of people are fully capable of doing a great job in simple and complicated cases.

Tips for Representing Yourself:

• Know your case inside out – Be clear on what you’re asking the court for and why.
• Get familiar with court procedures – You don’t need a law degree, but knowing what to expect can help you stay calm.
• Organise your documents – Courts love paperwork, and so should you. Keep everything neatly arranged and bring copies.
• Stay calm and professional – No matter how emotional the case is, staying composed makes a good impression.

Help is available. While there are few free McKenzie Friends there are lots of resources out there (like our website!), as well as multiple professionals producing social media content, free guides and templates for anyone who needs to go completely alone.

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Divorce, Children and Finances

The Family Court deals with these 3 elements in different cases. It’s a common misconception that a `divorce’ case will deal with it all. That’s certainly the case in some US states, but here in England and Wales, it’s not.

They’re separate.

For married couples divorce is the first step. They’re now `no fault’ and can be done online. Once this step has been taken, a case for finances can be started. A finance case is not a legal requirement for divorcing couples. But beware: Spouses remain financially tied to together until a final order for finances are made. This only changes when someone remarries they can’t make a claim however.

For couples with children, an order isn’t a legal requirement either.

In fact the court would much rather parents work together to come up with child-focused arrangements. They’re much better thann one being imposed on mums and dads. This, of course, is the same for married and unmarried couples.

Finally…for married couples, where the children live post divorce will effect any financial settlement because `money follows the children’. The cases are independent, but they do influence each other.

I appreciate this can seem complicated…it’s why you may need some help!

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Decisions Involving Children

When a case involves children, the court prioritises the child’s welfare above all else.The family court will use the Welfare Checklist.

The Welfare Checklist lists the factors the court will consider when making decisions about children. It’s detailed in Section 1(3) of the Children Act 1989 in England and Wales. These factors help ensure that the child’s welfare is the paramount consideration in any legal proceedings.

These factors are

1. The wishes and feelings of the child. The court considers the child’s views, taking into account their age and understanding. Older children’s opinions often carry more weight.
2. The child’s physical, emotional, and educational needs. This includes basic needs like food, shelter, and medical care, as well as emotional well-being and access to education.
3. The likely effect of any change in circumstances. The impact of changes, such as moving home, changing schools, or adjusting to a new living arrangement, is carefully considered.
4. The child’s age, sex, background, and relevant characteristics. Cultural, religious, and other personal factors that may influence the child’s welfare are taken into account.
5. Any harm the child has suffered or is at risk of suffering. The court assesses past harm and any potential future risk, including emotional, physical, or psychological harm.
6. The capability of each parent (or other relevant person) to meet the child’s needs. The court examines whether each parent (or carer) can provide a safe and stable environment for the child.
7. The range of powers available to the court. The court considers what legal options are available to ensure the best outcome for the child. These includes a Child Arrangement Order or a Prohibited Steps Order.

Judges use these factors to make decisions about child arrangements. If you’re representing yourself you should learn these factors: Your entire case should be based around them.

The court won’t automatically favour one parent over the other, regardless of gender either. What matters is what’s best for the child.

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Financial Matters and Divorce

Dividing finances after a divorce can be one of the trickiest parts of the process.

Section 25 of the Matrimonial Causes Act 1973 details how the courts will deal with financial provisions in divorce cases. The overriding principle is fairness, but the courts do not follow a strict formula. Instead, they weigh each case individually, considering the needs, resources, and circumstances of both spouses. The welfare of any children is a primary concern, ensuring their needs are met first.

The key factors under Section 25 include:

1. The welfare of any minor children – The court prioritises the needs and well-being of any children under 18, ensuring they have adequate housing, financial support, and stability.

2. The income, earning capacity, property, and other financial resources of each party – This includes any present and future earnings, investments, pensions, savings, and assets available to either spouse.

3. The financial needs, obligations, and responsibilities of each party – The court considers the current and future financial needs of both individuals, including living expenses and any ongoing financial commitments.

4. The standard of living enjoyed during the marriage – While a strict continuation of the marital standard of living is not always possible, the court takes into account the lifestyle the couple had before the divorce.

5. The age of each party and the duration of the marriage – Longer marriages often lead to more equal division of assets, whereas shorter marriages may result in less extensive financial claims. Age is also relevant for future financial needs, particularly regarding retirement.

6. Any physical or mental disability of either party – If a spouse has a disability that affects their ability to work or support themselves, the court takes this into account when awarding financial settlements.

7. The contributions made by each party to the welfare of the family – This includes both financial contributions (such as earnings and investments) and non-financial contributions (such as raising children or homemaking). The court recognises that caring for the home and children is as valuable as financial contributions.

8. The court generally does not consider bad behaviour (such as infidelity) – in financial settlements unless it is extreme and financially relevant, such as reckless spending or financial misconduct. However, in exceptional cases, the court may take a party’s conduct into account.

9. –Any loss of benefits due to the divorce – If one spouse loses valuable rights or benefits (such as pension entitlements or access to health insurance), the court may take this into account in determining financial provisions.

These factors guide the court in making financial orders, including spousal maintenance, lump sum payments, pension sharing, and property adjustments. The aim is to achieve a fair and reasonable outcome, ensuring that both parties can move forward after divorce with financial stability.

Both parties share all assets and liabilities too. It doesn’t matter who earned it or spent it. Who was given it or who inherited it. Or whose name it is in or on the title deeds. Trying to `ring fence’ assets seldom works.

Spousal maintenance is rare nowadays but it does happen. The court usually prefers a `clean break’ to where ever possible however. The court will also want – in an ideal world – both parties to remain housed and able to start again; but when assets are low and/or debts are high that’s not always possible. It’s often inevitable that people who separate will enjoy a lower standard of living after divorce compared to beforehand.

The Matrimonial Causes Act doesn’t apply to unmarried couples either. There’s no such thing as `common law’ spouses and there is no law to divide assets in the same way as for married couples. There is an area of law called TOLATA (or the Trusts of Land and Appointment of Trustees Act 1996). It is a key piece of legislation in England and Wales that governs disputes over property ownership between unmarried couples, family members, or cohabitees who are not married or in a civil partnership. Compared to the law divorcing couples face it’s often trickier and only applies to property.

This is one reason marriage is more than `just a piece of paper’.

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What About Domestic Abuse Cases?

Abuse and allegations of abuse are common in the family court.

It’s often the cause of separation and divorce – but sometimes a result (`situational violence’ – conflict-driven physical or verbal aggression that arises due to the stress, frustration, and heightened emotions of the divorce or separation process).

The family court can provide protection and allow individuals to seek it if needed however.

If you’re seeking protection , the court can issue non-molestation orders (to prevent harassment or violence) and (to determine who can stay in the family home). People will often refer to this as an `injunction’ (another American term); it’s distinct from harassment too which is a criminal offence.

Legal aid is still available for victims of domestic abuse although litigants will have to meet financial criteria to be eligible, so if you’re in this situation, you may not have to pay legal fees.

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Recent Changes and Developments

Family law is constantly evolving (although some would say not fast enough and/or not in the right direction).

Some recent changes include:

1. No-Fault Divorce (April 2022) – Couples can now divorce without blaming each other, reducing conflict.
2. Greater Transparency in Family Courts – An increase in publishing details of more court decisions (while protecting identities) to help people understand how cases are decided.
3. Increased Use of Remote Hearing– Since COVID-19, more hearings have taken place via video link, making court more accessible.
4. Updating Practice Direction 12J (February 2024) that offers greater protections to people where domestic abuse is a concern.
5. New guidance concerning Parental Alienation (December 2024) that the court will use to deal with this contentious issue – clarifying allegations and prioritizing Domestic Abuse Allegations.

<p>All of these are highly contentious but they demonstrate just a few of the recent changes that litigants face when entering the family court arena.

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Final Thoughts

Going to family court isn’t easy. It’s emotional, sometimes frustrating, and rarely anyone’s first choice. But understanding the process makes it a little less daunting.

Whether you’re sorting out arrangements for your children, dividing finances, or seeking protection, knowing your rights and options can help you feel more in control.

The most important thing? Stay calm, be prepared, and remember that this process is about finding a fair resolution—not “winning” or “losing”.

If you need support, don’t be afraid to reach out to legal professionals, support services, or organisations that can guide you through. You don’t have to go through this alone.

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Introduction

Child custody: When relationships break down, this is often the biggest concern for parents.

Who will they live with? How often will they see the other parent? What if one parent wants to move away? These are difficult questions, and the answers depend on many factors.

This guide explains everything you need to know about child custody in the UK. We’ll cover legal rights, how courts make decisions, what to do if you’re involved in a custody dispute, and how to create a parenting plan that works for everyone. Our aim is to help you understand your options and make the best choices for your child.

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What Is Child Custody?

Child custody refers to the legal arrangements for a child’s care after their parents separate.

But. In the UK, the term “custody” is not officially used in law anymore.

This is important. The term has had no legal basis since 1989. Despite this, it’s still commonly used by parents, by society, as well as on TV and in movies. If you hear someone talk about the family court they’ll almost always talk about `custody’.

I’m not just being pedantic saying this. There’s some very good reasons that you need to know this. I’ll go into it later.

Instead, courts talk about “child arrangements.” These arrangements can decide where a child lives and how they spend time with each parent. To complicate matters I need to point out that an order doesn’t have to say where a child lives at all too.

So what do people mean when they talk about child custody? As it has no legal meaning, it can mean different things to different people. But there is a general consenus about what that is:

1. Where the child lives – This is often referred to as “residence.” One parent may have sole residence, or both parents may share it. Even `residence’ is an old term however. The correct one is `lives with’.
2. Contact with the other parent – This includes visits, overnight stays, and other forms of communication like phone calls or video chats.

In an ideal world, separating parents don’t go to court. They make arrangements between themselves and that’s the end of the story.

If it goes to court, things can still be settled by agreement between parents, with the court turning the agreement into an order. However, if parents cannot agree, a court may need to make a decision with a decision being imposed on both of them.

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Do Parents Have Automatic Rights to Child Custody?

Parents don’t have `rights’. They have responsibilities.

I hear this misconception every single day. I’ve seen people arguing the law on this, debating the morality, what the reality of this and more. But I’m telling you. If you’re in a family court case for your children and you are talking about your `rights’ it is only going to damage your case. Even if the court doesn’t notice you’re making your child case about you, it’s a virtual guarantee your ex’s solicitor is going to make sure everyone hears that.

Parents (usually) have Parental Responsibility (PR). In the UK:

• Mothers automatically have Parental Responsibility from birth.
• Fathers have Parental Responsibility if they are married to the mother when the child is born or if they are named on the birth certificate.
• Unmarried fathers can gain Parental Responsibility through a formal agreement with the mother or a court order.

Parental Responsibility means having a legal duty to care for and make decisions about a child’s welfare. However, it does not automatically give a parent the right to custody. Nor does it give a parent a right to spend time with their own child.

Parents with parental responsibility are expected to work together to make important decisions about their child’s upbringing, including education, healthcare, and religious choices. Refusing to do so can impact their child’s wellbeing and in those cases the court can intervene.

Parental responsibility also means everyone who has it needs to be consulted on a name change for a child. A deed poll on it’s own won’t do this either.

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How Do Courts Decide Child Custody?

If parents cannot agree on arrangements, the family court can decide. The court’s primary concern is the child’s welfare. Judges consider factors outlined in the Welfare Checklist.

The welfare checklist is a set of factors that the family court in England and Wales considers when making decisions about the welfare of a child. This Checklist is found in section 1(3) of the Children Act 1989 and includes the following:

1. The ascertainable wishes and feelings of the child (considered in light of their age and understanding) – The court will take into account what the child wants, considering how mature they are.

2. The child’s physical, emotional, and educational needs – This factor focuses on the overall well-being of the child, including their basic physical needs, emotional support, and educational development.

3. The likely effect of any change in the child’s circumstances – The court considers how changes (e.g., moving home, changing caregivers) might impact the child.

4. The child’s age, sex, background, and any characteristics the court considers relevant – This takes into account factors like the child’s cultural, religious, or linguistic background and personal attributes.

5. Any harm that the child has suffered or is at risk of suffering – The court examines whether the child has experienced or might experience harm, including abuse or neglect.

6. How capable each parent (or other relevant person) is of meeting the child’s needs – The court assesses the abilities of the parents or other caregivers to provide for the child’s needs.

7. The range of powers available to the court – The court considers what orders it has the power to make and how these orders might impact the child’s welfare.

This checklist helps ensure that the court makes decisions with the child’s best interests as the primary concern.

There is no legal presumption in favour of either parent. The court aims to ensure the child maintains a meaningful relationship with both parents unless there is a risk to their safety or wellbeing. The court also considers the practicality of arrangements, including the distance between parents’ homes, work commitments, and the child’s routine.

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Types of Child Custody Arrangements

There are several possible child arrangements, depending on what is in the best interests of the child. But court orders don’t have to make an order concerning custody/residence at all.

Sole Custody (Residence)

One parent has full responsibility for the child’s home and daily care. The other parent may still have contact, but the child primarily lives with one parent. Courts grant sole residence when they determine that living with one parent full-time is in the child’s best interest.

Shared Custody (Shared Residence)

The child spends significant time with both parents. This does not always mean a 50/50 split, but it does mean both parents are actively involved in daily care. Courts encourage joint residence where possible, as it helps children maintain strong relationships with both parents.

Contact Arrangements

If one parent has sole residence, the other may have scheduled contact. This can include:

• Regular visits – including overnight stays.
• Indirect contact – phone calls, video chats, or letters.
• Supervised contact – if there are concerns about the child’s safety.

Contact arrangements should be practical and in the child’s best interests. If disagreements arise, mediation or a court order may be required.

An order will often contain several parts. It can say who the children live with. When they spend time with each parent. What they must do. It can say what they mustn’t do. And more.

But you need to be aware that a court order doesn’t have to contain all of them.

It’s possible to make an application that includes a number of different orders. It’s also possible to make an application for a narrow or single issue too. A specific issue order is an example of this. It’s possible to do things like make an application purely on where your child lives. Or being allowed to go on a holiday, for example.

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What Happens in Custody Disputes?

When parents disagree on custody arrangements, mediation is usually the first step. Mediation helps parents find solutions without going to court. It is required before making a court application, except in cases involving domestic abuse or urgency.

Although it’s not mediation itself that is required. A MIAM (a Mediation Information Assessment Meeting) is the bare minimum. These not mediation sessions. As the name suggests, it’s a chat about mediation – how it works, what happens, etc. – and is attended by each party separately.

A mediator can fill in the relevant part of the form you need to complete (usually a C100) once one of these have been completed before it is sent to the court. It’s not uncommon for a mediator to urge anyone doing this to give mediation a go before making an application.

There’s a sad fact however. Since mediation because mandatory in most cases, the amount of mediation has declined sharply. Even more sad is the reason behind this. That reason is that a party who feels they have what they want has little motivation to attend.

Court Proceedings

If mediation fails, a parent can apply to the court for a  Child Arrangements Order. This order determines where the child lives and how they spend time with each parent.

The process involves:

1. Filing an application – Using Form C100 (and a C1A form if abuse is a factor in this case).
2. First hearing – The judge reviews the case and may encourage further mediation.
3. A `Section 7′ Report (by CAFCASS or social services if they’ve been previously involved with the children) that examines any welfare concerns that have been identified.
4. Fact-finding hearings – If there are serious disputes or concerns about welfare in a child custody case. Not every case has these.
5. Final decision – The court issues an order based on the child’s best interests.

This is the general form. Family law cases in private proceedings (that is, a disagreement between parents) on average last 18 months and take about 5 hearings. Between the list above there can be review and/or directions hearings to enable the court to see how things are going, work out the best way forward and more.

Cases almost never close at the first hearing either. But they can go on for a large number of hearings for a whole variety of reasons. If you have good advice this is less likely to be a problem however.

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Can a Parent Deny Contact?

A parent cannot stop the other parent from seeing their child without good reason. If they do so without an order they’re acting with no legal basis.

Strictly speaking, any parent believing contact is harmful (e.g., due to domestic abuse or neglect), should apply to the court to restrict or supervise contact. Technically, denying contact without a valid reason could lead to legal consequences. In reality this is unheard of.

A more typical scenario is that a parent withholding contact will do nothing and wait for the other parent to make an application to the court – at which point they’ll state their reasons for doing so.

The implication for a parent whose child is prevented from seeing them is clear – they need to make an application as soon as possible to avoid a lengthening status quo of no contact.

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Can a Parent Relocate with a Child?

It depends. Any parent wishing to do this should get the consent of all parents with Parental Responsibility for the child.

If they do, that’s the end of it.

If not, an application may be needed. The court considers how the move affects the child’s relationship with both parents before making a decision.

This is also true if a parent wishes to move `out of jurisdiction‘. The UK is made up of 3 of these. They are:

• England & Wales
• Scotland
• Northern Ireland

If a child lives within one of these jurisdiction, it’s not permissable to move them out of it without the permission of everyone who has PR for the child or else an order saying they can.

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What If a Parent Breaches a Custody Order?

If a parent does not follow a court order, the other parent can apply for enforcement. Breaking a court order is Contempt of Court.

The court may:

• Issue warnings, fines, community service or even a prison sentence.
• Adjust the existing order.
• In serious cases, consider a change in residence.

There’s a big `but’ here. If you’re looking for the first of these three options the court has, you’re probably going to be disappointed. The court has the powers to order these, it’s almost unheard of. The Ministry of Justice publishes quarterly Family Court Statistics, but these reports do not provide detailed breakdowns of enforcement actions such as imprisonment, fines or community service orders.

Asking for this to happen is usually going to backfire too. It’s common for a parent asking the court to order this to face accusations of wanting to punish their ex partner while depriving their child of a relationship with a mum or dad, or adversely affecting them financially.

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Do Grandparents Have Custody Rights?

In the same way parents don’t have rights, nor do grandparents.

But they can apply for permission to seek a court order for contact or residence if it is in the child’s best interests.

The process is completely identical as it is for parents (see above!), aside from having to fill in additional form – a C2 form. This form is merely to seek permission for an application to go forward.

If a grandparent is making an application, the C2 form will be used by the court to assess:

• The grounds for the application and whether it is justified.
• Whether it meets threshold criteria for intervention.
• Whether granting the application would serve the child’s best interests.

A court will often will think an application by a grandparent for child custody who has been involved in a child’s life and then prevented has more merit that someone who, say, has had zero involvement for years and then suddenly makes an application.

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Legal Support for Child Custody Cases

Seeking legal advice can help parents understand their rights and responsibilities. Free resources include:

You need to be aware however that none of these are substitutes for the paid variety of support. They’re often limited in terms of scope, time and geography whereas someone you’re paying will be more flexible.

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Can I get Legal Aid?

Legal aid is generally available in family law cases concerning child custody where:

• There is evidence of domestic abuse or child abuse involving the other party.
• The case involves social services (public law cases), such as care proceedings.
• You are applying for a non-molestation order or an occupation order (protective orders).
• There is a risk of your child being taken out of the country without your consent.
• In some cases, if the court deems it in the child’s best interests.

Financial Eligibility (Means Test)

For most private family law matters, legal aid is means-tested, meaning your income and savings will be assessed.

• If you’re on Universal Credit, Income Support, or a low income, you may qualify.
• Your savings, property, and disposable income are also considered.
• Even if you earn above the threshold, you might still get partial legal aid or be required to contribute.

How to Apply

You can check if you qualify by using the government’s legal aid eligibility calculator or by contacting a legal aid solicitor.

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Problems with Legal Aid

Legal aid solicitors can provide crucial support to those who cannot afford private representation. But the system has several shortcomings that can affect the quality of legal assistance people receive.

One of the most significant issues is the strain on legal aid lawyers due to heavy caseloads and limited funding. With fewer resources, solicitors often find themselves handling an overwhelming number of cases. This can lead to delays, rushed preparation, and difficulties in maintaining regular communication with clients. Many people seeking legal aid struggle to get updates on their cases, leaving them feeling frustrated and unheard.

Another common problem is the restricted availability of legal aid solicitors.

Not all law firms take on legal aid work for child custody cases. Those who do can be in high demand, making it difficult for clients to find representation. The limited choice also means that if you’re unhappy with their solicitor’s performance, switching to a different one may not be straightforward. Some clients feel as though they have been assigned a solicitor rather than being able to select the best one for their specific needs.

The quality of service can also be inconsistent.

Many legal aid solicitors are dedicated professionals. But the high workload and funding limitations mean that some cases are handled by less experienced lawyers. Or teams where cases are passed around rather than managed consistently by one person. This lack of continuity can be especially frustrating in complex family law matters where consistency is key.

Additionally, the constraints of legal aid funding mean that some cases only receive partial representation. For example, a client may receive assistance with paperwork but not have legal representation in court, leaving them to navigate hearings on their own.

Another major issue is the rigidity of the legal aid system. Because solicitors must operate within the strict guidelines of the Legal Aid Agency, they may have limited flexibility in how they approach a case. This can lead to a more procedural, rather than strategic, way of handling legal matters. It also leads to less time devoted to negotiation or out-of-court settlements. The funding restrictions also make it difficult to obtain additional expert reports, which can be critical in certain cases, particularly where evidence is needed to support a parent’s position in family court.

With this in mind, increasing number of people who are eligible to legal aid look for alternatives. Including McKenzie Friends.

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Creating a Parenting Plan

A parenting plan is a written agreement that outlines how parents will share responsibilities. It includes:

• Living arrangements
• Holiday and special occasion plans
• Decision-making responsibilities
• Communication between parents

A well-structured parenting plan can help reduce disputes and provide stability for the child.

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Conclusion

Child custody in the UK is about finding the best outcome for children. The law encourages both parents to be involved, but every case is unique. Whether you are negotiating arrangements or facing a custody dispute, understanding your rights and options is crucial. If in doubt, seek professional advice to ensure the best for your child.

Understanding child custody laws and making informed decisions can help ensure that your child continues to have a stable, loving environment, even after a separation.

 

1. Introduction – what happens to the marital assets?
2. The Legal Framework: How Courts Decide Financial Settlements?
3. The Court Process: How Financial Settlements Work
4. Financial Settlements: The Three Key Court Hearings
5. Section 25: What Courts Consider in Financial Settlements
6. What is – and isn’t – included in financial settlements?
7. The Role of Prenuptial Agreements
8. The Importance of a Financial Order
9. What Happens If You Don’t Get a Financial Order?
10. Do I need a Clean Break?
11. Providing for children
12. Conclusion

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Introduction – what happens to the marital assets?

Financial settlements are important.

They’re dealt with in the Family Court along with divorce and arrangements for children.

Dealing with it will almost certainly be an overwhelming experience. It’s quite possibly one of the most stressful times of your life – it’s up there with a loved one passing away, losing your job or major illness. A financial settlement – which includes pension division can be something that can occupy your mind far more than you’d like.

Along with worrying about your children if you have any, you are probably being kept awake a night with the worry about how you are going to divide finances fairly. A financial settlement decides how assets, debts, and income will be split. It also provides financial security for both spouses after separation. Without a clear agreement, disputes can arise, making life more difficult for both parties. It can also lead to problems years down the line when you have both moved on and thought the separation between you is done and dusted.

In England and Wales, financial settlements follow legal principles.

The courts aim to ensure fairness while protecting the needs of any children involved. Many couples can agree on financial arrangements without court intervention. Others need legal processes to reach a fair outcome. This guide explains how financial settlements work, the court process, and key legal factors.

This guide is going to give you the basics of what you need to know if you’re heading towards divorce and separation. I’m going to tell you how it works, how the court decides who gets what and what happens if you don’t get a financial settlement. I’ll also tell you what the process if you agree something with your spouse, what it is if you don’t and more.

I’ve got to tell you from the start: There are different rules for married couples compared to unmarried ones.

Here we go!

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The Legal Framework: How Courts Decide Financial Settlements?

The `rules’ for divorcing, married couples in England and Wales are decided by the court using a set of rules.

The Matrimonial Causes Act 1973 sets out those rules. This law provides guidance on dividing finances after a marriage ends. The specific criteria used by a court is detailed in Section 25 of the Act. It lists the factors judges consider when deciding who gets what.

The goal is fairness – which doesn’t always mean an equal split. The court looks at many aspects, such as how long the marriage lasted, each spouse’s financial contributions, and future needs. Judges have wide discretion, meaning outcomes vary depending on individual circumstances.

Even if you reach an agreement outside of court, it is important to get a financial order. Without one, people can still make financial claims years after the divorce.

If you’re not married to your partner, the Matrimonial Causes Act won’t apply to you.

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The Court Process: How Financial Settlements Work

Many couples try to settle finances through mediation or negotiation. The best case scenario is you do this (whether you’re married or not).

If you do this, it is probably going to cause you a lot less stress. It is definitely going to cost you far, far less.

You can apply for a finance order as soon as you start your divorce (or more accurately when you get the case number for the divorce). If you have children, you and your spouse should agree on arrangements before reaching a financial settlement, as they will factor into the decision (see below!). The court will prefer if you do this however.

This approach is often cheaper and quicker than going to court. However, if they cannot reach an agreement, one spouse may apply for a financial order.

Starting a Financial Remedy Application

To formally start financial proceedings, one spouse must submit Form A to the court. This form notifies the court that they seek a financial order. Once submitted, the court sets a schedule for the process.

Each spouse must then provide full financial disclosure by completing a Form E. This document details all assets, income, and debts. It ensures transparency and prevents either party from hiding money or assets. It lists everything (or it should do if you and your spouse are doing it properly). This includes pensions, the value of properties, credit card debts, bank account balances and other assets (and liabilities).

I’m guessing you’re reading this post to research things. You are going to see `Failure to disclose finances fully can result in serious legal consequences’. It’s something any number of legal professionals will tell you. Solicitors, barristers, and judges will tell you this. They’re right. The crucial world is `can‘.

Our experience in a huge number of cases is that failing to disclose finances seldom results in legal consequences. People omit all sorts of thing for all sorts of reasons. Maybe they don’t realise they should have included them. It could be they just don’t want whatever they omit to disclose details of considered when it comes to a financial settlement. This is typically something like a house, an inheritance or a bank account.

You can deal with this sort of thing if you know what you’re doing or have the right person by your side.

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Financial Settlements: The Three Key Court Hearings

The financial remedy process involves three main hearings:

1. First Directions Appointment (FDA): The judge reviews financial disclosures and decides if more information is needed. This could include property valuations or pension assessments. The court should establish a timetable for actions, require both parties to disclose information, and ensure they ask and answer questions to clarify matters. The net result of this is that the court should have all the information to make a decision by the time the next hearing takes place.
2. Financial Dispute Resolution (FDR) Hearing: At this stage, the judge gives an indication of what a fair settlement might look like. This helps encourage negotiation between both parties. Many cases settle at this stage. If the parties don’t reach an agreement, one may have to pay the other’s legal costs. The court wants to avoid this because when it happens, legal costs can consume the assets under discussion. The judge giving an indication at this hearing will be a different one to the one who makes a decision at a final hearing (see below!)
3. Final Hearing: If no agreement is reached, the case goes to trial. Both parties present arguments, and the judge makes a legally binding decision. This decision can be something that one of the parties is seeking or it can be one that neither wants. At this stage, the court can also order costs.

This is an `ideal scenario’. It’s far for uncommon for finance cases to drag on however. It could be that information isn’t available. Maybe it’s because there has been a lack of intentional financial disclosure – either for innocent or less-than-honest reasons. Often, when a financial settlement case drags on it’s for this reason. Instead of following the timetable set out by the court (or even worse…there isn’t one) it can descend into emails `ping ponging’ between the parties involved during (or even before) a case starts at great expense and even greater legal cost.

Court proceedings can take months and cost thousands of pounds in legal fees. While an amicable agreement can cost a relatively small amount, a hostile one can run on for years with legal costs that run into 6-figures (or more) and takes years to resolve.

This is why many couples try to reach a settlement before a final hearing.

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Section 25: What Courts Consider in Financial Settlements

The court follows Section 25 of the Matrimonial Causes Act 1973 when deciding financial settlements. This law lists key factors that judges must assess.

Speak to enough people who aren’t `in the know’ and it’s clear they’re seemingly basing their view on US TV dramas and movies. We’re no expert on US law – but we know enough from our American colleagues that some states (because each one is different) can do things like imposing penalties for adultery, bad behaviour, relying entirely on pre nups to make decisions and routinely order `alimony’.

Here – in England and Wales (because Scotland, and Northern Ireland are separate jurisdictions), the criteria set out in Section 25 are clear. These are the criteria the court uses:

• The court will look at your and your spouse’s income, earning capacity, property, and financial resources, including any expected future increases in earning potential.
• It assesses both of your financial needs, obligations, and responsibilities.
• The court takes your standard of living before the marriage breakdown into account.
• The court considers your ages and the length of the marriage.
• Whether you or your spouse have any physical or mental disability.
• Contributions to the family’s welfare, including homemaking or caregiving.
• Your and your spouse’s conduct if it would be unfair to ignore it.
• In divorce or annulment cases, it considers the loss of any financial benefits due to the marriage ending.

Where children are concerned it will consider:

• Their financial needs.
• Income, earning capacity (if any), property and other financial resources of the child;
• Any physical or mental disability of the child;
• The manner in which they was being and in which the parties to the marriage expected him to be educated or trained

The court will consider your children’s needs before your or your spouse’s.

Your idea of what is fair will likely be something entirely different from your spouse’s too. People will often consider that an inherited property is entirely theirs and it isn’t fair that their spouse get a share of it. They’ll think pension division won’t happen. They will likely think they’re going to be able to keep that car because it’s just in their name.

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What is – and isn’t – included in financial settlements?

What is included?

In short, you need to work on the assumption that everything you own before and during your marriage is a marital asset if you’re asking a court in England or Wales to work out your financial settlement.

It works both ways however – it isn’t all about assets. It’s liabilities too. A huge debt incurred by a spouse before marriage is a joint liability after they’ve tied the knot. This is regardless of who spent it, whose name it is in or anything else at all. It doesn’t matter.

This includes:

• Bank accounts.
• Credit card accounts.
• Houses and land.
• Cars.
• Other assets.
• Anything you (or your spouse) has inherited.

If you’re someone who says `Marriage is just a piece of paper’ this is the bit where the family law system disagrees with you, no matter how deeply held that conviction may be. When two people marry, their `household’ becomes one. Thinking that pension division isn’t going to happen because you started paying in 20 years before you met your spouse is almost certainly going to result in you feeling disappointed (and possibly cheated).

What isn’t included?

People often think that some assets aren’t included when it comes to financial settlements.

While there are cases that have – occasionally – allowed assets to be `ring fenced’ you cannot count on this happening. Even in cases where this has happened, the court has applied the law.

People commonly assume the following aren’t assets a court will consider:

• Inheritances – both property and assets.
• Bank accounts or properties with title deeds in their name only.
• Companies they’re the sole director of.
• Assets held as part of trust funds.
• Loans/gifts from family members.

I’m not saying it never happens. But courts rarely disregard these assets when equitably distributing them. The cases where it has happened are groundbreaking by their very nature. They tend to be ones involving extremely large assets. In these sort of cases think big money solicitors, well-written prenups and complicated finances.

As a general rule however? The longer a marriage lasts, the more likely a settlement will include non-matrimonial assets—but don’t count on it.

It’s also common for separating spouses to disagree on whether a house, large loan, etc. donated by a family member – often a parent – constituted a gift or merely a loan. In this situation, the court will often ask for proof one way or the other before making a decision.

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The Role of Prenuptial Agreements

Prenuptial agreements (prenups) outline how assets should be divided in case of divorce. They are not legally binding in England and Wales. However, courts do consider them if they meet certain conditions:

A well-drafted prenup can help avoid lengthy financial disputes. But you won’t be surprised to learn that when a marriage breaks down and a prenup is invoked at least one of the parties suddenly decides that they were coerced into agreeing into one, they were misled about the assets and it wasn’t fair.

They’re no guarantees in short. The court will consider them, but they’re not set in stone.

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The Importance of a Financial Order

Even if a couple agrees on finances, they must obtain a financial order from the court.

OK…that’s not strictly true. The law doesn’t say you have to have a financial order. You don’t. No one in the court system is going to run after you telling you this needs to happen.

But without one?

Your ex-spouse can make financial claims years later. This remains true even after your divorce is finalised. A consent order is used when both parties agree on financial matters. It makes the agreement legally binding and prevents future disputes.

If you agree everything with your ex the process is simple (relatively speaking): You send a Form A, a D81 form and a draft consent order signed by both parties. That’s it.

If you do everything right – and the court feels you’ve covered everything, that your draft order makes sense and it’s consistent with the law – you (and your ex) will be sent a copy of the order made by the court that reflects what you’ve agreed on. And that’s it. However, the court may decide what you’ve asked for doesn’t cover all eventualities. It may decide it’s extremely inequitable or is just plain confusing. In that case, the court will schedule a hearing to clarify matters.

Beware however. It is far from uncommon for divorcing spouses to start amicably…followed by a breakdown in agreement and things ending up in court. While people can agree `big picture’ arrangements, things often get contentious when it comes to the detail or things no one thought about it. The longer things drag on—or if others get involved and give unhelpful advice—the more likely the case will end up in court.

A great piece of advice is strike while the iron is hot if you’re in agreement with you ex for this reason.

If you can’t agree things with your spouse, the court issues a financial remedy order after a final hearing. This order specifies how to divide assets, debts, and income.

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What Happens If You Don’t Get a Financial Order?

If a financial order isn’t in place, both parties remain financially tied. Years later, one spouse may make a claim against the other, even if they have remarried. The law is clear – if someone remarries they can’t make a claim on their ex spouse. But it has been known.

If you want certainty however you need that final order.

Courts have issued financial claims against many people long after their divorce because they did not obtain a financial settlement order.

Without a financial order, there is also no legal enforcement if one spouse refuses to follow an informal agreement either.

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Do I need a clean break?

A financial order can provide a `clean break’ but it doesn’t have to.

When you get a clean break, that’s it. You are completely and finally separated from your ex spouse where finances are concerned. What they do is their business and what you do is theirs.

However, it is possible to get a financial settlement without a clean break.

The court wants solutions. In an ideal world you won’t be going to court at all – you’ll sit down with your spouse, work things out and go your separate ways. It will want as little disruption as possible so that everyone needs to stay in their home (or have another roof over their head), for things to be as neat, simple, logical and fair-seeming. But people are people, and during emotions are likely to be high meaning it’s a disaster waiting to happen.

A great example of this is when the court orders spousal maintenance. In the US, it’s called “alimony,” and it is much more common than in the UK. An order for spousal maintenance means one of the divorcing couples receives money from the other periodically. If you’re the one who’s likely to be paying it, it’s tempting to agree to one because it’ll often save you a lot of cash (in the short term at least). In situations like this, the court commonly issues a nominal spousal maintenance order (think something like £1 a month or year), which no one is going to worry about.

There is a real problem with a spousal maintenance order however (if you’re the one paying, that is).

That problem is that it can be varied upward. Imagine the scenario: Following your divorce you’re lucky (or clever enough) to come into a huge sum of money – maybe you’ve won the lottery, that business idea has made you a millionaire or you’ve met a new partner who is extremely wealthy. The other ex spouse makes an application to the court to vary the spousal maintenance order from £1 a month to £1,000 a month…

A clean break order prevents this scenario. While it could cost you more to get one, in the long term it may be the best option.

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Providing for children

As I’ve previously said, money follows the children. Provision for them is the first consideration the court will have. However, when it comes to things like child maintenance, the court do not like making orders about this, the Child Maintenance Service will deal with this issue if parents can’t agree matters. That is the appropriate arena for this.

It is possible to provide for financial for the financial of provision for the children using another avenue however. Namely, the Children Act (remember – I’ve only been talking about the Matrimonial Causes Act up to know).

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Conclusion

Financial settlements in divorce are complex. They involve legal principles, court procedures, and personal financial considerations. Whether settled through mediation, negotiation, or court intervention, it is essential to ensure a fair outcome. You need to work on the principle that everything you own will be `fair game’ when it comes to working out who gets what after a divorce. This will almost certainly include things like houses, the contents of bank accounts, credit card debts, what happens to houses and pension division too.

Understanding the legal framework helps divorcing couples navigate financial settlements with confidence. The key is to achieve a fair and sustainable agreement that allows both parties to move forward with financial security.

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