Welcome to the HNW Divorce Valentine’s Special Edition. In this issue, we explore the intersection of love, wealth, and separation, with commentary on high-profile relationship breakdowns, the impact of social media on divorce proceedings, and key issues affecting modern families. We also feature insight on Section 91(14), blended families, and developments across the HNW divorce landscape, alongside perspectives from our HNW Corporate Partners. Additionally, we have included our HNW Divorce Wordsearch, fill in to redeem a 15% discount to one of our HNW events.
The ThoughtLeaders4 HNW Divorce Team
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WHY AIRING FAMILY DISPUTES ON SOCIAL MEDIA COULD COST YOU IN COURT
Authored by: Alex O’Dwyer-Curran (Senior Associate) - Payne Hicks Beach
On 19 January 2026, Brooklyn Peltz Beckham published a six-page statement on Instagram that made headlines around the world. The 26-year-old declared he had “no interest” in reconciling with his parents, David and Victoria Beckham, accused them of “controlling narratives in the press” throughout his life, and alleged his mother “hijacked” his first dance at his 2022 wedding. He also claimed his parents repeatedly pressured him to sign away the rights to his name before his marriage.
While the allegations remain unproven and the Beckhams have not publicly responded, the episode raises important questions that I frequently discuss with clients: what are the consequences of airing family grievances in public, and how might such disclosures affect any future legal proceedings?
Why Social Media Is Not the Place to Resolve Family Disputes
The urge to tell your side of the story is entirely understandable. Brooklyn wrote that he had been “silent for years” and felt he had “no choice” but to speak after his parents allegedly continued briefing journalists. Many clients I advise express similar frustrations when they feel misrepresented or attacked.
However, broadcasting grievances to millions of followers rarely achieves the catharsis people expect. Instead, public posts invite commentary from strangers, harden positions on both sides, and make reconciliation far more difficult. In my experience advising families through high-conflict separations, disputes that might have been resolved through mediation often become entrenched once accusations have been published online. A statement posted in frustration can haunt negotiations for years whether or not you are a celebrity with millions of followers or whether your social media is open only to family and friends. I often see in my cases that clients come to regret comments posted to social media in the heat of the
moment and then come back to haunt them in due course. As is often said, act in haste, repent at leisure.
What You Post Can Be Used Against You
Courts increasingly treat social media as evidence. Posts, stories, and even deleted content can be recovered and presented in legal proceedings. If Brooklyn Beckham’s parents were ever to pursue a defamation claim, or if a related contract dispute arose over the alleged pressure to “sign away the rights to his name”, his Instagram statement would be scrutinised line by line.
For ordinary families, the risks are just as real. In child-arrangement cases, judges consider each parent’s conduct, including whether they have exposed children to adult conflict or disparaged the other parent online. As I set out in my recent article on acrimonious divorce, a single inflammatory post can undermine an otherwise strong custody application. The Family Court takes a dim view of parties who wage litigation by social media rather than through proper legal channels.
Defamation, Harassment and Protective Orders
Allegations published to a wide audience are not consequence-free. English defamation law allows claimants to sue for statements that damage their reputation, and truth is a defence that must be proved by the defendant. If Brooklyn’s claims about his parents, from wedding-day conduct to alleged bribery, cannot be substantiated in court, he could face significant liability.
Repeated online attacks may also amount to harassment under the Protection from Harassment Act 1997, potentially leading to injunctions or even criminal prosecution. Reports suggest Brooklyn has instructed his parents to contact him only through lawyers and not to tag him on social media, a step that hints at the kind of formal boundaries parties can seek when communication breaks down. At Payne Hicks Beach, our colleagues in the Defamation and Reputation Management team, ranked Band 1 in Chambers UK 2026, regularly advise clients on these intersecting issues.
Coercive Control and Undue Influence:
Recognising the Signs
Brooklyn alleged that he grew up with “overwhelming anxiety” and that his parents “controlled” him for most of his life. Since 2015, coercive or controlling behaviour within intimate or family relationships has been a criminal offence in England and Wales under the Serious Crime Act 2015. Signs include isolating someone from friends and family, controlling their finances, and manipulating them through threats or humiliation.
Separately, contracts signed under pressure may be challenged on the grounds of undue influence. Brooklyn’s claim that his parents tried to “bribe” him into signing away the rights to his name before his wedding raises questions about whether any such agreement was freely entered into.
Courts can void contracts if one party exploited a relationship of trust to obtain an unfair advantage.
For anyone who recognises these patterns in their own family, the first step is to seek independent legal advice, not to post online. Our Family Law Team
has extensive experience advising clients in situations involving alleged control or manipulation, and we can help you understand your options in a confidential setting.
The Emotional Cost of Public Conflict
Brooklyn said that since stepping away from his family, his anxiety has “disappeared.” While removing oneself from a toxic situation can be beneficial, engaging in public conflict typically has the opposite effect. Mental-health professionals consistently advise that online disputes amplify stress rather than relieving it. Engaging in a war of words keeps the dispute front of mind, invites criticism from strangers, and can exacerbate feelings of betrayal and anger.
As I emphasised in my article on managing self-care during separation, prioritising your wellbeing is essential. Therapy, mediation and confidential legal advice are all safer outlets than social media.
Courts respect parties who conduct themselves with restraint; judges are far less sympathetic to those who wage litigation by Instagram.
Avoid naming names online
Vague posts can still be linked to individuals, but explicit accusations carry far greater legal risk. Even “vaguebooking” can be problematic if the subject is identifiable.
Document privately
If you need to record incidents for future legal proceedings, keep a contemporaneous diary rather than sharing evidence on social media. Your solicitor can advise on what to preserve and how to present it effectively.
Consider mediation or alternative dispute resolution
Court proceedings can be lengthy and costly. Many disputes can be resolved through mediation, which often results in more amicable solutions and preserves relationships, especially important where children are involved.
Know when to seek protection
If a relative’s behaviour crosses into harassment or coercive control, legal remedies exist. Non-molestation orders (often referred to as restraining orders) can restrict contact and provide peace of mind.
The Takeaway
Brooklyn Beckham’s Instagram statement is a cautionary tale for anyone contemplating a similar approach. Whatever the truth of his allegations, the public nature of his disclosure has almost certainly made reconciliation harder, exposed him to potential legal action, and ensured the dispute will be dissected by commentators for months to come.
For anyone facing a similar situation, the lesson is clear: put down the phone, close the app, and call a solicitor instead. Some battles are best fought behind closed doors.
Practical Steps to Protect Your Position
Engage early with experienced legal counsel
If communication has broken down, consider instructing solicitors to correspond on your behalf. Formal letters may feel impersonal, but they create a paper trail and prevent misunderstandings that can escalate conflict.
What is one work related goal you would like to achieve in the next five years?
I have recently trained to be a mediator so I would love to build a mediation practice around my litigation work. What cause are you passionate about?
In a work context, getting the law on Pre/Post-Nuptial Agreements codified in statute and dispelling the myth that there is such a thing as a Common Law Marriage in England – because there isn’t!
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LEGAL DIRECTOR PAYNE HICKS BEACH
right childcare in place and just about everything in Anya Hindmarch’s book – If In Doubt, Wash Your Hair.
What is the best film of all time?
I’m not great at watching films – if I get the time I would always use it to go to the theatre. I am lucky enough to live near the Bush Theatre which always has brilliant new material.
What do you see as the most rewarding thing about your job?
Sending people on their way at the end of a case in a better place than when we met them.
What is one important skill that you think everyone should have?
The ability to empathise. What book do you think everyone should read, and why?
Crossing to Safety by Wallace Stegner. Its focus is on friendship and individuals rather than romantic love and it is a helpful reminder that people are not wholly good or bad, it’s always more complicated.
What does the perfect weekend look like?
Supper with friends on Friday night, the theatre on Saturday night and slow days with my children and wider family.
What has been the best piece of advice you have been given in your career?
Make sure your partner supports your career, get the
How do you deal with stress in your work life?
Having the right support in place from my bosses, nanny and family.
What’s your go to relaxing activities to destress after a long day at work?
Laughing about the stress with a friend who has been through something similar.
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ROSES ARE RED, VIOLETS ARE BLUE
IT’LL TAKE A SECTION 91(14) ORDER TO STOP ME GETTING AT YOU
Domestic abuse within relationships does not always end when the relationship does. For many survivors, separation marks the beginning of new, less visible but equally affecting phases of harm. Among the most insidious is the misuse of litigation and court process - commonly referred to as litigation abuse or abusive litigation. In the context of family law, this behaviour often manifests through repeated, unmeritorious court applications regarding children, designed to harass, control, intimidate, and/or financially exhaust a former partner. There are a number of key tools which can be used to address this behaviour, including within the Children Act 1989, but are these being used enough?
Litigation Abuse
Litigation abuse occurs when a party uses the court process to continue a pattern of coercive or controlling behaviour. In family proceedings, this is most commonly seen after separation, particularly where there has been a history of domestic abuse.
The Domestic Abuse Act 2021 explicitly acknowledges that abuse can be psychological, emotional, economic, and not limited to physical violence.
Repeated legal action can meet these criteria.
The abusive party may repeatedly issue applications relating to child arrangements, parental responsibility, or other matters, even where issues have already been determined by the court. The applications may appear legitimate on their face and it may not matter to the applicant whether they are successful or not, as the intention is simply to force the other party to respond (often requiring the victim to re-live historic abuse or traumatic experiences to defend allegations), spend money on engaging legal representation, face them at hearings and so on.
Psychologically, the stress of prolonged court proceedings can have a devastating impact on the victim and their ability to parent their child(ren) effectively.
Children are frequently caught in the middle with applications creating instability, undermining routines, and exposing them not just to ongoing parental conflict but also to continued meetings with different professionals (i.e. CAFCASS, social workers, psychologists, or rule 16.4 Guardians).
The motivation of applications is framed as “for the best interests of the child” but in reality are serving the applicant’s need for control.
Section 91(14) Orders
Section 91(14) of the Children Act 1989 provides the court with the power to require a party to obtain the court’s permission before making further
applications in respect of children. In effect, it places a filter on future litigation and forces the party wishing to make an application to first show that their application has merit and that there has been a material change in circumstances. It is generally in place for a specified period (commonly a year) but in extreme circumstances can be indefinite. These orders are not punitive and it is not necessary for the court to find that a party has been intending to harass or oppress the other, the focus is on preventing risk of harm to the child and/or the other parent.
The circumstances to which the court will have regard include: whether there have been repeated and unreasonable applications; whether a period of respite is needed following litigation or time is needed for an order to be carried out; and whether a person’s conduct overall is such that an order is merited to protect the welfare of the child or the other parent. The scope of the order should be proportionate, for example recently in Re A [2025] EWHC 3052 (Fam) on appeal it was decided that the order should be time limited for 15 months (compared with the 3 years ordered at first instance) and only to applications for “spends time with” orders, not other section 8 orders.
The introduction of section 91(14)A and Practice Direction 12Q in 2021 gave greater latitude to the court to make s.91(14) orders, removing the “last resort” terminology which came from the original authority of Re P [1999] 2 FLR 573. However, despite their value, these orders are still underused. Survivors may be unaware of their existence, or reluctant to request them for fear of being presented by the offending party as obstructive or attempting to the control. Some courts may remain cautious, particularly where
there is concern about being perceived as restricting parental rights. The effectiveness of a s.91(14) order also lies in judicial willingness to act robustly in refusing permission.
Costs Orders
While costs orders in children proceedings remain unusual, the normal rules under CPR 44.2 apply and the court can have regard to all the circumstances of the case, including the conduct of the parties. In the leading authority of Re T [2005] EWCA Civ 311, the Court of Appeal made clear that a party should only be penalised if they acted unreasonably in the conduct of the litigation, not in relation to the child(ren), and where that unreasonableness appears to be due to that person’s personality, the court should be cautious (but there is a limit to how far allowances will be made in those circumstances).
While the case law does not specifically refer to litigation abuse, some of the examples of “reprehensible or unreasonable” conduct which have led to costs orders being made correlate with behaviours which could also be associated with litigation abuse. For example: making applications and then withdrawing them or conceding at the last possible moment; repeatedly raising unsubstantiated allegations; continuing the litigation by applying to adduce fabricated evidence; failing to attend hearings; and failing to comply with court orders or attend court-directed meetings with experts.
The court will always be concerned about the impact on the future of the co-parenting relationship if a costs order is made, but they can be a useful tool to deter a litigant from abusing the court process to impact the other party.
Restricting the Exercise of Parental Responsibility
With shared parental responsibility, parents can act independently and without the other and are entitled to information about medical treatment, progress at school etc. The exercise of PR and access to information can be exploited for the continued perpetration of litigation abuse, coercive control and other forms of abuse.
In P v D [2014] EWHC 2355 (Fam), the court’s view was that in some cases it is necessary for prohibited steps orders to be made restricting a parent from taking steps that they would normally be entitled to take in the exercise of PR. The court also made a declaration that the mother was under no obligation to inform or consult the father when she exercised PR and an order that any organisation served with the order (i.e. schools, GPs etc) must not disclose any information about the mother and children to the father. P v D was an extreme case but it is clear the court can take steps where there is a concern that information relating to the child would be used to control the other party or further perpetrate abuse, for example by obstructing important decisions and bringing further litigation.
The Way Forward
With the move away from the presumption of parental involvement and more of a focus on the impact of victims, the thoughtful and consistent use of tools within the Children Act 1989 and elsewhere will remain a crucial part of the court’s response to domestic abuse (in all its forms) in the family justice system.
COMPLEX REMUNERATION STRUCTURES
Divorce proceedings involving complex remuneration structures can be daunting, especially when partnership arrangements, bonuses, stock options, and other incentive packages are involved. Clients navigating these issues often need clear, informed guidance to ensure every element is properly understood and fairly represented.
At Kingsley Napley, we take time to understand each client’s unique financial landscape. Our Family Law and Employment teams work collaboratively, offering tailored, tax-aware advice with discretion and care. With extensive experience in high-net-worth cases, we support clients in securing strategic settlements that protect their interests and future financial wellbeing - when it matters most.
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What is one work related goal you would like to achieve in the next five years?
I would like to continue building on our recent growth in the United States and further expand our international presence. Establishing new offices has strengthened our ability to support clients across multiple jurisdictions, and my goal is to deepen that global footprint while maintaining the close, collaborative client relationships that define our work.
What does the perfect weekend look like?
A perfect weekend for me is a quiet one at home in Wiltshire with my wife and children. When time and weather allows, we also like to take our classic cars out on trips to see friends, or tinker with the engines in the garage. Weekends are a chance to slow down together, away from the phrenetic pace of modern working life – at least when there’s no media crisis to deal with!
What do you see as the most important thing about your job?
Reassuring clients during crises, when the stakes are highest. The most important part of the job is becoming fully embedded within each client’s wider team so that we can advocate their position as if it were our own. Effective reputation management requires absolute commitment, trust and alignment of message. Our role is to stand shoulder to shoulder with clients and their legal teams in their most challenging moments, thinking strategically, communicating clearly, and pushing tirelessly for the best possible outcome.
If you could learn to do anything, what would it be?
I would like to learn to paint! I studied fine art at A-Level, but never took it any further. I recently commissioned a copy of the main painting lost in the sinking of the Titanic. It hung above the fireplace in the
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First-Class Smoking Room and, in speaking with the artist, was reminded how reflective and immersive the creative process can be. Painting is technically challenging but offers the chance to slow down, observe detail, and bring a subject to life with patience and concentration. But I don’t image I would have the time for this until I retire! For now my quiet moments involve reading and learning about history.
What motivates you most about your work?
What motivates me most is achieving success for clients in situations where the odds are stacked against them. Reputation management has the power to change outcomes at the most critical moments, and it is immensely rewarding to see careful strategy, persistence and clear communication make a real difference when it matters most. Knowing that our work can move the dial in those high-pressure situations is what continues to drive me, as does continuing to grow our team of communications experts, both in the UK and internationally.
What songs are included on the soundtrack to your life?
I love the 60’s music of my parents, as well as the 80’s music of my youth! I also like country music. Nowadays I end up listening to a lot of Taylor Swift when my daughter is DJing in the car. For relaxation I love a bit of Lana Del Rey.
What is the most significant trend in your practice today?
Clients are increasingly instructing reputation management and litigation PR from the very outset of a case, rather than as a reactive step once problems arise. This is increasingly evident in family law, where the extension of open reporting across all family courts in England and Wales from January 2025 has made the risk of media scrutiny more immediate and tangible than ever. Clients now recognise that strategic communications are integral
to case management, and that early, proactive planning is essential to protect privacy, shape narrative and mitigate reputational risk.
What advice would you give to your younger self?
I would tell my younger self to trust the process, work hard, and back your instincts, even when the route ahead is not obvious. The most valuable experiences often come from challenges and setbacks, and perseverance, curiosity and resilience will take you further than short-cuts ever will.
What’s the most important quote you’ve heard that you have adopted to your personal or professional life?
A line I have always valued is Alexander Pope’s “Act well your part; there all the honour lies.” It speaks to the importance of responsibility and commitment to one’s role, whatever the circumstances. In reputation management, our duty is to act with absolute professionalism and loyalty to our clients’ interests, often in highly pressurised situations. Doing the job well, with purpose, is a principle that guides both my work and my outlook.
Dead or alive, which famous person would you most like to have dinner with, and why?
Edward Smith, the captain of the Titanic. As someone who has spent many years researching the ship and its fated voyage, I would value the chance to understand his perspective firsthand. He was a highly respected and experienced mariner faced with an unfolding disaster of catastrophic proportions. I would be fascinated to talk to him about leadership under pressure, the decisions made on that fateful night, and how history now sees his role.
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FEELING THE LOVE
DIVORCE AND THE BLENDED FAMILY
Authored by: Elissa Da Costa-Waldman (Barrister) - Westgate Chambers
This article examines the benefits of resolving matrimonial or cohabitational disputes outside of the court process or minimising court involvement to facilitate a civilised, future focused and child centred outcome for all concerned. Obviously, not everyone’s situation post relationship breakdown will lend itself to achieving a successful blended family. There will be clients whose relationship with their former partner was so toxic and abusive that the appropriate outcome is to minimise contact with them. There will be those whose former relationship was childless and consequently, maintaining a relationship post breakdown will be a matter of choice rather than necessity. The focus of this piece is on those relationships where parties have children together and may enter into subsequent relationships after the one they are leaving/have left.
There are a number of factors to consider. The end of a relationship is akin to a bereavement; it is a huge loss. It is hardly surprising that parties often go through the five stages of grief as expounded by psychiatrist Elisabeth Kübler Ross in her book
“On Death and Dying.” The stages are, Denial, Anger, Bargaining, Depression, and Acceptance.
This is not the place to examine these in detail but suffice it to say that many people go through these stages (not necessarily in the order set out), while mourning, not just the loss of the relationship but the life that went with it. There is fear, upheaval and all sorts of emotional turmoil going on while dealing with the fallout of relationship breakdown including the legal proceedings, how to deal with the children, how to display a strong persona to minimise the emotional impact on the children while perhaps also stressing over the finances after divorce and how they are going to fund the legal fees going forward.
There is so much going on that some of the dust needs to settle before thinking about how to forge a new relationship with the ex and create a reconfigured family. Our clients need to understand that even though they are no longer married or cohabiting with each other, they remain a family if they have children together, albeit a differently shaped one.
What we can and should encourage clients to do is to think first as parents rather than as former potentially warring spouses/cohabitants and to try to smooth their way into a different relationship with their former partner to ease the potential roadblocks that inevitably occur in all families along life’s journey. That encouragement is easier when the lawyers themselves adopt a civilised approach to one another. The mantra that ‘divorce is not a battle to be won but a problem to be solved’ is a useful one to remember rather than allowing the wrong attitude to taint the clients’ behaviours towards each other. We lawyers can be our best problem solving selves by adopting the strategy used for principled negotiation propounded by Roger Fisher and Wiliam Ury in their famous tome, ‘Getting to Yes’, which is to be soft on the people and hard on the problem.
Also, start as you mean to go on. If clients want a civilised divorce, the starting point is to try and keep the dispute out of court until seeking approval of the consent order. There are so many forms of NCDR now, all to be encouraged but it is important to choose the right method for the parties, negotiation, mediation, and collaboration to name a few.
When there are children of the relationship, there will be milestones in which both parents will want to participate without causing their children upset or embarrassment. Parents’ evenings, graduations, engagements, weddings and christenings are the obvious examples of joyous occasions where ideally children want both parents present, but only if they can put their differences with each other aside for the duration of the occasion. No one wants their adult children having to decide which parent to invite to major family events because the presence of both together is a recipe for disaster with a potentially public demonstration of the continued hostility or animosity between them.
In collaborative law, at the outset of the process we ask each party to make an anchor statement. As well as their wishes in relation to the collaborative process, these statements include the parties’ hopes and aspirations for the future and can be referred to throughout the process to overcome any impasse between the parties. There is no reason why such a tool cannot be used in family mediation. Why not consider asking parties to provide their own anchor or mission statement at the outset of taking on a case? Clients could be asked to focus on their hopes and aspirations in respect of their new ‘relationship’ with their former partner in the short, medium and long term, recognising that the new relationship will take time and effort but that it is well worth it in the interests of good family relationships later on and well into the years to come.
Facilitating this is not necessarily the domain of the lawyer but signposting clients to those who will be able to assist them is enormously useful. Family therapists, counsellors and divorce coaches are all able in their different ways to take clients on a journey to a better emotional place which is likely to benefit all their adult relationships moving forwards and create long term solid strategies for coping with the children in unity rather than conflict. Whilst there is likely to be concern at yet another cost in an already expensive process, returns in the form of good relationships are priceless.
Whilst it is acknowledged that it is difficult to focus on the future while dealing with the immediate aftermath of relationship breakdown, it truly is a positive step to encourage our clients to aspire to achieve a real blended family, made up of former and current partners, and a raft of children and grandchildren. There is so much pleasure to be gained by adopting this approach, if only our clients could see into that future.
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A HOLISTIC APPROACH TO DIVORCE AND SEPARATION
Authored by: Rachel Frost-Smith (Legal Director, Head of Children) - Birketts
Separation and divorce are times of transition for those involved. This period may involve grieving (and the stages of this), huge practical upheaval, emotional dysregulation and planning for a future that is very different from what a client envisaged for themselves and their child/ren. This is true whether a relationship was short or very long. All aspects of a client’s life are likely to be impacted: living and child arrangements, future financial stability and social and work life.
It is not surprising therefore that the process of legally formalising the arrangements to implement separation and divorce may be very challenging for our clients. Without the proper support, those going through separation and divorce may struggle to absorb advice, complete tasks and make grounded decisions.
As lawyers, it is important to recognise our role in this process, and what we are not qualified to do. Ideally, when we take instructions from our clients, we want to ensure they are fully supported, emotionally regulated and have the time to reflect on the information we present so they can make decisions in their best interests.
We can do this in a number of ways, including by working with and alongside other professionals who have the appropriate training and expertise. When done well, this provides our clients with the best experience they can have and also protects us from burnout when practicing in a very demanding area of law by maintaining appropriate professional boundaries.
Clients can really benefit from working with a divorce coach who can complement the services of their legal team. For example, some divorce coaches are able to assist clients in compiling their financial disclosure or gathering evidence for witness statements.
This can remove a significant emotional burden from lawyers, as well as ensure that clients are able to complete time critical tasks.
IDVAs
Divorce and Separation Coaches
There is a wide range of practitioners in this unregulated area, and it is essential that your clients find someone reputable that they trust.
Some practitioners have a background in psychotherapy (which may be trauma based), others in law.
There are private IDVAs as well as those who work in the public sector. They assess clients for domestic abuse, enabling their legal representatives to understand that is required to ensure they are protected in the legal process. They may provide initial or detailed assessments to support clients. A more detailed assessment can be a useful starting point for lawyers preparing witness evidence, including Family Law Act applications. Revisiting traumatic events can be triggering and distressing.
IDVAs can support clients out of, and at, court.
They may help clients to come to terms with the fact that behaviours that had been normalised in a relationship are abusive and assist in building strategies for clients to manage post-separation relationships including co-parenting.
Clients may ask their trusted friends, family or GP for recommendations, as well as using online resources to verify credentials.
Children of any age may also find accessing therapy useful. Depending on their age, this may be play or art therapy, or therapy with a specialist in children and teenagers.
Families may also find systemic family therapy useful at this stage, or down the line.
If your client has a court hearing coming up or has to provide information relating to a witness statement – both of which may be experiences that are triggering to their emotional state – you can suggest that they put in place their therapeutic appointments accordingly.
Clients need to be aware that these relationships are confidential and that therapists are not experts appointed by the court.
Therapists
Clients may find individual therapy incredibly helpful during the process of relationship breakdown. Clients may be fearful, particularly when there are contentious issues surrounding the arrangements for their children that seeking help may be seen in a negative light by the family court. The first port of call should be their GP, possibly followed by a thorough assessment by a psychiatrist.
Many clients struggle with anxiety and reactive depression during this period. They should be reassured that the family court and professionals will view seeking help as a sensible step, demonstrating insight and that it should be driven by their medical needs and not by litigation strategy. Feeling as though matters are out of control can drive anxiety and clients can freeze when trying to give their legal teams instructions.
It is important that the therapist is right for that person and a member of a recognised professional organisation.
Useful resources:
Parenting Coaches
Parenting coaches may provide objective guidance, practical tools and mindset shifts to help parents to build stronger family dynamics, improve communication and resolve conflicts.
They can assist in helping parents communicate changes to their child/ren, and implementing those changes in a child focussed way.
This can translate into a parenting plan. This may not be binding but would certainly be helpful should the parents later find themselves in conflict.
Parenting coaches can also assist after orders are made to help clients with implementation.
ISWs
Independent Social Workers may be used to supervise the time a parent spends with children and provide observational reports as well as preparing welfare reports. These reports can be reassuring for the other parent and useful to the family court. If an ISW is used consistently it is also less artificial for the child/ren than attending a contact centre, with the times and venues for the time spent being more child focused.
Working with clients who have legal advice and additional professional support can transform the process for the client, their child/ren, the other party and their legal teams. This is especially so if lawyers can approach the process with an open mind, recognising and acknowledging their own professional skill set as well as their limitations.
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Your first Valentine’s Day after divorce can land heavily, especially if it used to be a date you marked in style with your ex. It’s not just the day itself, but everything around it: the expectations, the memories, the sense that this year is unmistakably different. Rather than trying to push that feeling away, it can be far more helpful to meet the day on your own terms and decide what you want it to become now.
This isn’t about pretending Valentine’s Day doesn’t matter. It is a special day, and it can remain one. The shift is in allowing it to be a different type of celebration — one that reflects who you are today, rather than who you were in a relationship that has ended.
One of the most useful starting points is to avoid recreating the rituals you shared with your ex. Repeating the same restaurant, the same gestures, or the same rhythm of the day often invites comparison, and comparison is where the pain tends to creep in. Instead, think of this Valentine’s Day as a blank canvas. Ask yourself which parts of the day you genuinely liked in the past — perhaps dressing up, sharing good food, or marking the day intentionally — and which parts you’re happy to leave behind.
Creating new traditions can be surprisingly grounding. One that many of my female clients find particularly
nourishing is celebrating Galentine’s Day: spending time with close female friends who matter deeply to you. These are relationships that deserve just as much attention and care as romantic ones. Whether it’s a long lunch, an evening meal at home, a spa day or even a shared walk and coffee, the point is to celebrate connection without the pressure of romance. You can make it playful, elegant, low-key or indulgent — whatever feels right for you. Others choose to celebrate Valentine’s Day with their children, creating their own celebration of love among themselves.
country where Valentine’s Day isn’t widely celebrated, such as Thailand or Morocco, can be particularly freeing. Doing something entirely for yourself, in a place that doesn’t mirror the celebrations back at you, can turn the day into a genuine reset rather than something to endure.
Whichever route you choose, the key is to avoid measuring this Valentine’s Day against previous ones or against what other couples appear to be doing. This is not a lesser version of the day; it’s simply a different chapter. You have many Valentine’s Days ahead of you. Some will be spent in great company, others more quietly, and all of them will reflect where you are at that point in your life.
If being around Valentine’s Day imagery feels overwhelming, another practical option is to change your environment altogether. Taking a short break or holiday can offer welcome distance from the intensity of the day. Travelling to a
Ultimately, Valentine’s Day is about being with the right person and celebrating that relationship. If your marriage was no longer the right relationship for you, then there is nothing you are missing out on. This year’s Valentine’s Day would not have felt right if it had been spent with the wrong person. Seen this way, the day becomes an opportunity — a marker of the beginning of a life that is more aligned, more intentional, and truly your own.
SLOUTSKER V SLOUTSKER [2025] EWFC 369
LESSONS FOR TRUSTS CASES
Authored by: Grace Lawrence (Senior Associate) - Family Law in Partnership
The case of Sloutsker v Sloutsker [2025] EWFC 369 was widely reported in the mainstream press in November 2025. It is a striking example of a party running a dishonest case and the Family Court refusing to tolerate such litigation misconduct by permitting the case to be published without anonymity. Less appealing to the tabloids, it also raises interesting trusts issues.
alleged that he had fallen on hard times financially around the time of the parties’ separation due to his assets being stolen in Russia. However, Mr Sloutsker’s financial disclosure was wholly deficient. Indeed, Mr Justice Garrido commented he “has been in breach of almost every order that I have made requiring him to file evidence”. Mr Sloutsker was ultimately found to have resources in excess of £214m and Mrs Sloutsker was awarded around £27m on a ‘needs’ basis.
Offshore Trust Structure
Summary of Facts
Mr Sloutsker, who died shortly following judgment, was a hugely successful Russian businessman and former senator of the Russian Parliament. He married Mrs Sloutsker in Israel in 2017 and they had two children together. The family enjoyed a very high standard of living; the family home in London had been valued at c.£45m. Mr Sloutsker
The parties’ family home in London was held by a New Zealand trust company, Roosevelt & Partners (New Zealand) Limited (“Roosevelt”). The shares in Roosevelt were held by New Zealand Corporate Holdings as a Nominee for Tobias Faber, the trustee of the Magnolia Tree Trust. Mr Faber was also a Director of Roosevelt. The Magnolia Tree Trust was a discretionary settlement governed by New Zealand law. Mr Sloutsker was the sole discretionary beneficiary during his lifetime1 and his children would be discretionary beneficiaries with effect from his death.
Resulting Trust for Mr Sloutsker
Crucially, for Mrs Sloutsker’s purposes, the Family Court found that despite the presence of the formal trust structure, the net equity in the family home was in fact held on resulting trust by Mr Sloutsker. Mr Justice Garrido referred to paragraph 52 of Prest v Petrodel [2013] UKSC 34:
“Whether assets legally vested in a company are beneficially owned by its controller is a highly fact-specific issue. It is not possible to give general guidance going beyond the ordinary principles and presumptions of equity, especially those relating to gifts and resulting trusts. But I venture to suggest, however tentatively, that in the case of the matrimonial home, the facts are quite likely to justify the inference that the property was held on trust for a spouse who owned and controlled the company. In many, perhaps most cases, the occupation of the company’s property as the matrimonial home of its controller will not be easily justified in the company’s interest, especially if it is gratuitous. The intention will normally be that the spouse in control of the company intends to retain a
degree of control over the matrimonial home which is not consistent with the company’s beneficial ownership.”
Applying the principles therein, Mr Justice Garrido (inter alia) pointed towards the following factors in support of his conclusion that Mr Sloutsker retained the beneficial interest in the family home:
• Roosevelt acquired the family home using funds which had ultimately come from Mr Sloutsker. There was “clearly no reason for the gratuitous transfer of personal funds…other than to fund the acquisition of matrimonial accommodation and as an investment personally for Mr Sloutsker and his family”. Nor was there “any good commercial reason” for Roosevelt or the trust to acquire residential property.
• Mr Sloutsker had a history of operating on the basis that “if he dissects the legal title from the beneficial interest of an asset, he has removed any personal responsibility or liability in respect of the asset whilst retaining its full benefit”. He manipulated structures and used the trust to suit his purpose at any given time. For example, the original sole discretionary beneficiary of the trust had been a “dummy beneficiary” with apparently no familial or personal connection to Mr Sloutsker. The trust had been converted into an interest in possession trust at the point of acquiring the property (to minimise stamp duty) and then promptly converted back into a discretionary trust.
• Mr Sloutsker had signed a personal guarantee to secure commercial lending against the property, thereby exposing himself to personal liability. He also paid for renovations to the property to the tune of £3m to £5m and other expenses, seemingly without a proper record of what he had paid for personally, as against what the trust had paid for, and what was owed to Mr Sloutsker.
• Mr Justice Garrido was clear that Mr Sloutsker’s conduct vis-à-vis the trust and the family home demonstrated his intention to retain beneficial ownership of the funds used to purchase the property.
Since the Family Court found that the net equity in the family home was in fact held on resulting trust by Mr Sloutsker, it was therefore a resource available to Mr Sloutsker to meet Mrs Sloutsker’s claims.
Receivers had been appointed to sell the property, following Mr Sloutsker’s failure to pay the mortgage. The receivers agreed that the balance of the net equity would only be paid to Mr Sloutsker personally after payment from the net equity of any outstanding lump sums due to Mrs Sloutsker.
Lessons for Trusts Cases
The key lessons for those involved in trust cases (and for trustees) are:
1. The merits of a resulting trust argument will inevitably be highly fact specific; the court will draw inferences regarding the parties’ intentions from a broad assessment of their conduct in relation to the trust and trust property. Contemporaneous documentary evidence will form an important part of this. Indeed, in this case, many of Mr Justice Garrido’s findings stemmed from revelations in documents which had been disclosed by the commercial lender pursuant to third-party disclosure orders.
2. The case is a stark reminder that settlors cannot have it all ways. The wealth protection and tax advantages offered by trust structures necessarily come at the expense of total control and benefit of the trust property.
3. The case also underlines that acting as a trustee is an onerous position with strict legal obligations attached. Failure to observe those can leave the trust vulnerable on divorce. Mr Justice Garrido closely examined Mr Faber’s conduct and surmised that “no trustee in a purely professional relationship would do what Mr Faber is averred to have done in failing to maintain any proper trust records or any form of reconciliation to show how so-called trust property was being paid for with non-trust funds, and no record of debts kept that the trust might owe to Mr Sloutsker for payment of expenses. Mr Faber’s conduct can really only be explained by Mr Sloutsker having retained the full beneficial interest in the funds which paid for the matrimonial home and therefore for the matrimonial home itself. In reality, Mr Faber acted as Mr Sloutsker’s longstanding trusted informal fiduciary generally managing his finances rather than in any professional capacity as a trustee”.
It is also worth noting that had Mrs Sloutsker’s resulting trust argument failed, the court could potentially have found instead that the trust structure constituted a “nuptial settlement” capable of variation under section 24(1) (c) of the Matrimonial Causes Act 1973. The court received expert evidence from a New Zealand lawyer indicating that the New Zealand court would implement such an order. Whilst the presence of an offshore trust will often ring alarm bells for family lawyers, the enforcement issues will vary greatly from one jurisdiction to another and will inevitably be less acute when the trust property is located in this jurisdiction. It is crucial that trustees and holding companies are properly served with the proceedings and that foreign advice is taken at an early stage.
STRATEGIC PROTECTION, NOT A LACK OF ROMANCE PRE-NUPTIAL AGREEMENTS
Christmastime, New Year’s Eve and Valentine’s Day top the list for the most romantic times of the year and therefore (unsurprisingly) remain the most popular times of year for marriage proposals. At that moment, the focus is understandably on commitment, optimism and shared futures. Very few people enter marriage contemplating that it may end in divorce.
Yet from a strategic perspective, particularly for high-net-worth individuals, marriage is not only a personal milestone but also a significant financial and legal event.
Statistics indicate that approximately 40–42% of marriages end in divorce, often for reasons beyond either party’s control.
People change and no-one can guarantee 100% that their marriage will be successful and last until death. For individuals with substantial personal, inherited or business wealth, the financial consequences of a relationship breakdown can be profound.
For those individuals who have worked hard to build or protect wealth, often across multiple generations, the question is not whether one expects a marriage to fail, but whether one has taken sensible steps to manage the risk if that were to happen.
Pre-Nuptial Agreements as Wealth Planning Tools
Pre-nuptial agreements are still sometimes perceived as unromantic or pessimistic. As a result, relatively few couples put one in place prior to marriage. However, when viewed through the same lens as insurance, estate planning or corporate structuring, a pre-nuptial agreement becomes what it truly is: an important safeguard rather than a prediction of potential future failure.
High net worth individuals routinely insure valuable assets, review investment portfolios and engage in succession planning. A pre-nuptial agreement sits comfortably within that broader framework of responsible financial management.
In addition to financial protection, prenuptial agreements can play an important role in preserving privacy and control. In the absence of an agreement, divorce proceedings can become protracted, costly and, in some cases, public. A well-drafted pre-nuptial agreement can narrow the scope of potential disputes, reduce the risk of litigation and provide a framework for resolution that limits both emotional and reputational exposure.
Legal Framework and Enforceability
The legal principles governing prenuptial agreements are well established following the Supreme Court decision in Radmacher v Granatino. For a court to attach weight to such an agreement, it must be:
• entered into freely, without undue or external pressure;
• supported by financial disclosure (ideally full and frank disclosure), ensuring both parties understand its implications; and
• fair in all the circumstances at the time it is relied upon.
These principles are particularly relevant in high-value cases, where transparency, professional advice and careful drafting are essential. Timing is also critical and the agreement should be discussed and agreed well in advance of the wedding to avoid any suggestion of pressure or imbalance between the parties. If the agreement is approached from an early stage, the process is generally more measured, collaborative and constructive for both parties.
For internationally mobile individuals, jurisdictional considerations are particularly important. The treatment and enforceability of pre-nuptial agreements can vary significantly between countries. It is important that consideration has been given to ensure the agreement is drafted with international recognition in mind, reducing the risk of forum disputes and inconsistent outcomes across jurisdictions
Bespoke Drafting for Complex Wealth Structures
There is no “one-size-fits-all” prenuptial agreement. The appropriate structure will depend on the nature of the individual’s wealth, which may
include business interests, trusts, family wealth, international assets or future inheritance.
Practitioners differ in their approach based upon their own experience. Some favour highly prescriptive agreements that set out precise outcomes based on variables such as length of marriage or birth of children. Others prefer a more flexible structure that clearly ringfences non-matrimonial assets while allowing limited access to those assets if the financially weaker party’s needs cannot otherwise be met.
What constitutes “fairness” is inherently subjective and fact specific. This is precisely why experienced legal advice and careful consideration are critical, particularly where complex or significant wealth is involved.
Where wealth is inherited or intended to pass through future generations, a pre-nuptial agreement can also serve to respect wider family planning objectives. Families may wish to ensure that assets held within trusts, family businesses or long-standing investment structures are preserved in accordance with established succession plans, rather than being exposed to unintended redistribution on divorce.
Length, Complexity and Review
There is ongoing debate within the profession regarding the optimal length and level of detail within a pre-nuptial agreement. Some opt for a shorter document which may be easier for a non-legally trained individual to
understand, while others opt for a more detailed agreement which may better demonstrate to a Court that the parties engaged in a thorough and informed decision-making process. There is currently no clear answer on which approach is favoured by the Courts, however the key point is that there is an agreement put in place which the Court would consider.
Additionally, the inclusions of certain provisions, such as arbitration clauses or mandatory review mechanisms, are debated. Some practitioners do not see the necessity of including them, whilst others (possibly the majority) opt for them to be included. I believe that regular reviews are important, especially where the parties have married relatively young and intend to have children. Wealth profiles evolve, businesses grow or are sold, children are born and roles within a family change. An agreement that was fair at the outset may not remain so without regular reassessment.
Similar to any serious wealth protection tool, a pre-nuptial agreement should be treated as a living document, reviewed at key life stages to ensure it continues to reflect the parties’ circumstances and intentions.
Conclusion
For high-net-worth individuals, a pre-nuptial agreement is not about undermining trust or romance. It is about responsibility, foresight and protection, both for oneself and for future generations. If approached thoughtfully and collaboratively, it can provide clarity at the outset of a marriage and protection should circumstances change. It can form an integral part of a wider strategy designed to safeguard wealth while allowing personal relationships to flourish.
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A CHANGE OF APPROACH RETHINKING PRE-NUPTIAL AGREEMENT NEGOTIATIONS
For couples who decide to enter into a pre-nuptial agreement before marrying, negotiating the agreement is typically seen as a necessary but unwelcome aspect of their wedding planning. Conventional practice, whereby solicitors negotiate terms through formal written correspondence and/or calls not involving the spouses-to-be, can appear impersonal, uncollaborative and, at times, adversarial. This approach risks causing unnecessary friction between the engaged couple and casting a shadow over what should be a celebratory period. On occasion, the fallout can lead to engagements being called off completely.
As a result, there is growing interest in alternative approaches that aim to deliver a more constructive and inclusive experience. Two approaches gaining increasing popularity are mediation and collaborative practice. Each seeks to reduce potential conflict and foster a sense of mutual understanding and aligned goals. Although this article focuses on pre-nuptial agreements, couples who wish to revisit financial arrangements during marriage via a post-nuptial
agreement could also benefit from these alternative approaches in much the same way.
Mediation
The Process
After appropriate one-on-one intake meetings between the mediator and each spouse-to-be to assess power dynamics, safeguarding and suitability, the couple attends a joint meeting with a mediator to discuss how they wish to approach their pre-nuptial agreement. The conversation can focus on each party’s concerns, priorities and key aims for the agreement – for example, clarity around non-matrimonial property and each party’s financial position,
a fair approach to future income, or protections for a family business. The key is to align on common ground about what fairness might look like in different scenarios. The mediator does not provide legal advice, but facilitates constructive discussion, helping parties to reality-test proposals by considering future possibilities that may affect the agreement (for example, asking the couple to think about whether they would like children, and if so, whether one of them would take a ‘step back’ from work to meet childcare needs).
The mediator ensures both voices are heard, which can be especially helpful where the agreement is being driven by a parent of one of the spouses-to-be or a trustee.
Once broad alignment on the terms of the pre-nuptial agreement is reached between the parties, the mediator can prepare without prejudice Heads of Terms, or, in some cases, a draft agreement. The parties then take that document to their respective solicitors for independent (but much narrower focused) legal advice, and for assistance in refining and formalising the agreement.
Authored by: Anna Ferster (Senior Associate) & Rosie March (Trainee) - Forsters
Advantages
• Cost and time-effective. Although each party must still have the opportunity to take independent legal advice, using a mediator allows couples to work through the issues that are most important to them in focused, structured sessions. This can significantly reduce the need for lengthy exchanges of correspondence between solicitors on these key issues, saving both time and (potentially) costs.
• Safe space. The process promotes and protects open conversation. Parties can test ideas and speak candidly about sensitive topics.
• Preserves relationships and reduces tensions. The emphasis of mediation is on collaboration. This can therefore help couples to feel that they are approaching the agreement as a ‘joint venture’, rather than being encouraged to negotiate “against” each other. The mediator can reframe thoughts of a pre-nuptial agreement being a document which only benefits the financially stronger party, to something which provides financial security and certainty for both in the future.
Considerations Before Choosing Mediation
• Power dynamics and communication styles. Even happily engaged couples can have different levels of financial literacy or different comfort levels discussing money. A skilled mediator will manage these considerations to ensure both parties feel able to voice concerns. However, some individuals may nonetheless feel more comfortable having solicitors take a leading role in discussions.
• Complexity of finances. Where a pre-nuptial agreement involves complex tax planning, trusts, or cross-border issues, mediation can still play a valuable role in facilitating discussion and agreement on key principles. However, such cases often require a greater degree of solicitor involvement, together with input from third parties, such as foreign lawyers or tax specialists.
Collaborative Practice
The Process
Collaborative practice offers a structured approach to negotiating pre-nuptial agreements but in an open and transparent way. Each party retains a specially trained collaborative lawyer who provides legal advice throughout the process while working co-operatively with the other lawyer and both clients. At the outset, all participants sign a participation agreement committing to resolve matters without adversarial tactics, setting the tone for openness and good faith.
Discussions can take place in “fourway” face-to-face meetings attended by both parties and their solicitors, rather than through formal correspondence. This format ensures that legal advice is given openly and in real time, allowing both parties to hear the same guidance and reducing the risk of misunderstanding. The process also lends itself to the involvement of others such as financial neutrals to assist with financial disclosure or modelling what fair outcomes may look like in the future and/or therapeutic professionals to help with any emotional support that may be required at what can be an already overwhelming time.
Advantages
• Legal advice integrated throughout the process. Lawyers provide their advice in real time during meetings. This helps to reduce delay and scope for misunderstandings that can arise when advice is sought separately after meetings or between mediation sessions and ensures that the parties feel legally supported during discussions. It is also possible for third party advisers to attend meetings to provide the couple with advice on discrete issues: for example, a couple with complex asset structures may benefit from receiving joint input from a tax planner.
• Promotes open dialogue and transparency. The meeting format encourages constructive discussion, with both parties hearing the same guidance. This builds mutual understanding and trust.
• Efficient translation into drafting. With both lawyers present during discussions, the draft agreement reflects precisely what was agreed, reducing the risk of omissions or misunderstandings.
Considerations When Choosing a Collaborative Approach
• Immediate costs. The cost of joint meetings with both parties’ solicitors in attendance, may initially seem significant when billed in one block. However, in practice, such meetings frequently offer better value than an extended and fragmented exchange of correspondence in a more conventional model, with issues progressing more efficiently at a lower overall cost.
For couples who like the idea of making progress through face-to-face meetings but prefer to receive legal advice privately rather than openly, Round Table Meetings offer an attractive alternative. These meetings bring both parties and their solicitors together to negotiate in person at appropriate stages during the process, therefore giving couples the benefit of in-person discussions without requiring full commitment to the collaborative model.
Conclusion
Pre-nuptial agreement negotiations need not be characterised by tension or formality. For couples who value transparency and open dialogue, mediation and collaborative practice offer meaningful alternatives to the traditional solicitor-led, correspondencedriven negotiation model. Both frameworks prioritise autonomy, mutual understanding, direct communication and efficiency, helping couples to shape agreements in a way that feels fair to them. While these options may not suit every couple, they provide good options for those seeking a process that aligns with the spirit of partnership. By considering these alternatives early, couples can turn what might feel like a difficult legal formality into a constructive step that supports their upcoming marriage and future plans.
CORPORATE FUNDS PRIVATE CAPTIAL
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THE MILLIONAIRE’S DEFENCE IN SCHEDULE 1
The Matrimonial Backstory
It is often forgotten in this post White v White (2000) UKHL 54 era, that the millionaire’s defence was a matrimonial construct arising from the Court of Appeal decision in Thyssen-Bornemisza v Thyssen-Bornemisza (No. 2) [1985] FLR 1069. The view was that a party who was super wealthy did not need to provide full disclosure to ascertain their exact wealth, when they had sufficient resources to meet any order the Court might reasonably make.
Obviously, such an approach withered in matrimonial proceedings following the sharing of wealth expounded in White, as it mitigated against the ability to assess both equality and fairness to achieve a financial settlement.
It was suggested by Coleridge J in J v J (Disclosure: offshore corporations) (2004) 1 FLP 104 that it may still be
applied in certain cases, such as where the marriage was short or of medium length and the assets were not built up during the marriage, so it was more of a needs assessment. This was later supported by Moor J in AH v PH (Scandinavian Marriage Settlement) [2013] EWHC 3873 (Fam), who noted that:
“In any case that does not involve the principle of sharing the marital assets and is, instead, one based primarily on the needs of the claimant, it is perfectly proper for a litigant to give a broad outline of his or her overall wealth and then to run the Millionaire’s defence”.
The lack of case law over the subsequent years, suggests there has been little legal appetite to support this approach being adopted by parties in matrimonial or civil partnership proceedings.
Remaining Relevant in Schedule 1
However, it seems rather than being consigned to the annuals of legal history, the millionaire’s defence has continued to maintain a relevance in proceedings pursuant to Schedule 1 of the Children Act 1989.
The start of transition of the millionaire’s defence to Schedule 1 proceedings is not entirely clear, but in the case of Re A (A Child) (2014) EWCA Civ 1577 the father “who was a member of the wealthy ruling family of a middle eastern country” asserted the millionaire’s defence at an early stage of the proceedings. The mother in the case appealed on
Authored by: Joshua Coombe (Partner of Family Law) - Tees Law
the basis the Judge had not made appropriate financial provision for their child by reason of his failure to ensure adequate disclosure of the father’s assets and resources due to the use of the Millionaire’s defence, which in her view had unnecessarily restricted her claim. The Court of Appeal rejected the mother’s approach, with Macur LJ expressing in the leading judgement the “literal and purposive interpretation of Schedule 1” does not include “sharing or compensation for the benefit of the child, nor, by the back door, financial provision and compensation for the carer beyond that element attributable to the care of the child during his minority, or other determined duration of dependency”. As a result, it was upheld that the millionaire’s defence does have a place in assisting the judicial exercise in determining a Schedule 1 claim “in circumstances of significant wealth” where it “will be unlikely to call for a detailed examination of financial resources”.
wealth involved, it is clear from case law that the Millionaire’s defence does not preclude the provision of disclosure. In this regard, Peel J has given the most recent guidance on the use of the millionaire’s defence in Y v Z (Schedule 1) [2024] EWFC 4, as follows:
• The court and the other party should understand the scale of wealth and how it is structured, consistent with the court’s requirement to consider the income, earning capacity, property and other financial resources of the parties.
• It enables thought to be given to the structure and enforceability of any award.
• The extent of wealth “may still inform the reasonableness of the budgetary claims” as per Macur LJ in (Re A (A Child: Financial Provision) [2014] EWCA Civ 1577, paragraph 21).
In this case, Peel J ordered the father to file a Form E, but removing the usual obligation to provide supporting documentation, but with a specific direction to provide a narrative explanation of non-standard assets (e.g trusts and businesses).
This was supported in MH v FD [2025] EWFC 390 (22 October 2025) which made it clear the Millionaire’s defence is not a defence against the disclosure of resources.
The Extent of the Defence on Disclosure
Despite the one reported exception in HRH Haya bint al Hussein v HH Mohammed bin Rasjid Al Maktoum [2021] EWFC 94, due to the extreme
As a result, disclosure must always be made, albeit in a more abridged form, as the court is required under section 4 (1) to consider those resources when exercising its powers.
The Future
At this time the Millionaire’s defence remains a valid legal concept to be pleaded in Schedule 1 proceedings. What the Millionaire’s defence represents is a defence against the discovery of documents and the detailed challenge of assertions provided by way of disclosure, effectively limiting unnecessary enquiries into a party’s resources, when that party has conceded that he or she is capable of meeting any order the court might reasonably make.
However, with the Government’s consultation on cohabitants’ rights in spring 2026, there is the potential for change on the horizon, through what is hoped will be a more comprehensive package of legal rights intended to address the current patchwork of statutory provisions. In such circumstances, it is assumed a new statutory framework for cohabitees will create rights akin to marriage/ civil partnership, where the existence of the Millionaire’s defence is render largely obsolete in preference for a more detailed analysis of sharing and compensation.
USING POPULAR CULTURE TROPES TO ILLUSTRATE COMMON LEGAL MISUNDERSTANDINGS AROUND FAMILY LAW
How Popular Culture Distorts Legal Realities
Romantic comedies and television dramas have shaped public understanding of relationships for many years. From grand romantic gestures to enemies turned lovers arcs, these narratives offer entertainment while often misleading viewers about the legal dynamics of romantic relationships. They create assumptions about children, property, and parental roles which do not always mirror the legal framework that governs modern relationships.
In the UK, family law is made up of statutes such as the Matrimonial Causes Act 1973 and The Children Act 1989 as well as case law and judicial principles. Despite legal reforms, misconceptions perpetuated by these forms of popular culture continue to
influence public expectations, often blurring the lines between fiction and legal reality.
Bridget Jones: The Edge of Reason – Cohabitation and Property Rights
In the sequel to Bridget Jones’s Diary, Bridget and Mark Darcy cohabit in a long-term relationship, which can often be assumed to imply automatic legal rights for both parties regarding property and finances. This portrayal of their relationship, while romantic, suggests that simply living together could lead to legal protections similar to marriage, such as rights to property or financial support.
However, UK law does not recognise “common law marriage.”
Cohabiting partners do not automatically acquire rights to each other’s property, maintenance, or inheritance, regardless of how long they live together.
Instead, they must rely on strict property law principles, Trusts of Land and Appointment of Trustees Act 1996 or contractual agreements.
If Bridget and Mark broke up, Bridget wouldn’t automatically be entitled to Mark’s property or financial support, unless they had legally binding agreements. Without proactive planning such as cohabitation agreements or declarations of trust, many cohabitants remain legally vulnerable when relationships end.
Authored by: Talia Krais (Paralegal) - Clarence Family Law
The Parent Trap – Child Custody Arrangements
In The Parent Trap, after their divorce, Hallie and Annie’s parents privately agree to raise the twins separately, keeping them unaware of the other’s existence. The film presents this arrangement as unconventional but ultimately harmless, implying that parents can decide such matters independent of court intervention.
In reality, the parents’ decision to separate the twins completely is unrealistic and would be unlikely to hold up under UK law.
The Children Act 1989 states that the best interests of the child should be the paramount consideration.
Child arrangements do not operate as informal lifestyle choices. Instead, the law requires careful consideration of a child’s emotional, educational, and psychological needs, alongside judicial oversight where disputes arise or decisions risk harm. The film dramatically oversimplifies the court’s role in safeguarding children.
Bridget Jones’s Baby –Parental Responsibility of the Father
In the third instalment of Bridget Jones Diary, the plot revolves around Bridget’s pregnancy and her uncertainty about whether the biological father of her child is Mark Darcy or Jack Quant. The narrative leads audiences to believe that being the biological father automatically confers parental responsibility. This assumption is crucial to the film’s plot, where both men, despite not being married to Bridget or being involved in legal agreements, take an active role in the pregnancy and later in the child’s life.
In the UK, a father does not automatically have parental responsibility simply because he is the biological father. A father can acquire parental responsibility in the following ways:
• Through marriage to the mother
• By being named on the birth certificate.
• Entering into a parental responsibility agreement with the mother
• Obtaining a court order.
The film glosses over the legal steps required for either Mark or Jack to gain rights over decisions related to the child’s welfare. This simplification can mislead viewers into thinking that biological connection alone is enough to confer legal parental rights.
EastEnders – The “Default Mother” Assumption
Popular soap opera EastEnders involves many storylines that explore the theme of custody and the assumption that mothers are the default primary carers after a separation. One of the most notable examples is Ian Beale and his relationship with his children. After Ian’s separation from Laura, the show often portrays Ian struggling to maintain contact with his children, particularly his son Peter. Despite Ian’s efforts to remain involved in their lives, he often faces the societal assumption that children will automatically live with their mothers, even though he is capable of being an active and involved father.
However, UK law does not automatically favour mothers over fathers in custody cases. The Children Act 1989 treats the child’s welfare as the paramount consideration when determining custody. [Enlarge] The Act does not automatically grant custody to mothers; instead, it considers the emotional, educational, and psychological needs of the child, as well as the ability of both parents to meet those needs. Although Ian’s character is flawed, and the court may lean towards his children residing with their mother, the court acknowledges the importance of maintaining relationships with both parents. This often leads to shared custody arrangements.
Final Thoughts
Whilst romantic comedies and dramas can be entertaining and emotionally engaging, they often distort the realities of family law. This gap between idealised romantic portrayals and the complexities of family law can lead to misconceptions, especially around cohabitation, child custody, and parental responsibility. To navigate real-life relationships effectively, we must approach them with a clear understanding of the law.
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As England eyes potential family law reform, what changes, if any, are under consideration in Scotland?
In December 2025 the Scottish Government’s issued a Consultation on Family Law, signalling the biggest reassessment of Scottish family legislation for over a decade.
While the reform proposals remain subject to consultation and Parliamentary scrutiny, they point towards a material shift in several core areas: cohabitation, the minimum age of marriage, regulation of religious celebrants, and access to simplified divorce where children are involved.
There is, at this stage, no suggestion of any review of the law in relation to prenuptial agreements or financial provision on divorce, both of which are relatively settled. The current focus north of the border is largely in relation to cohabitation.
For English and Welsh family lawyers, these proposals are more than a matter of academic interest. Increased cross border relationships, forum considerations following separation, and the need to advise clients with Scottish connections mean that changes to Scots law can have important strategic and practical consequences.
This article outlines the key proposals and highlights the issues English practitioners should be alert to.
1. Reform of Cohabitants’ Financial Rights
Why Cohabitation Is Under Review
Financial claims on separation by cohabitants have been possible in Scotland for almost 20 years. While that is often looked at with envy by English family law practitioners, the reality is not entirely rosy. The existing regime has long been criticised for uncertainty, inconsistent outcomes and difficulties of application, especially in comparison with the clearer statutory framework governing divorce. [enlarge] The Scottish Law Commission was tasked with reviewing the law and issued a report in 2022.
It recommended legislative overhaul rather than incremental adjustment, an approach that has largely been supported by the Scottish government.
A New Definition of “Cohabitant”
A central proposal is to replace the current definition of cohabitant, which currently hinges on parties living together “as if they were married”. The Law Commission considers this test outdated and conceptually flawed. Instead, the draft reforms would define a cohabitant as two people living together in an “enduring family relationship”, assessed by reference to factors such as duration, financial interdependence and the presence of children. For English lawyers, this is significant. The Scottish approach may move even further away from any comparison with marriage, reinforcing the already stark contrast with England and Wales, where cohabitants continue to have no general financial remedy on separation.
A Reworked Financial Test on Separation
The current law allows a court to correct economic advantage and disadvantage, but its poorly defined test has generated inconsistent case law. The consultation proposes replacing this with a clear set of statutory “guiding principles”, including:
• fair distribution of economic advantage,
• compensation for economic disadvantage,
• short term relief from serious financial hardship, and
• fair sharing of the costs of caring for children.
If enacted, this would move Scottish cohabitation claims closer to a structured, discretionary model—though still distinct from matrimonial financial provision.
For English practitioners, this perhaps gives food for thought as England considers the prospect of allowing cohabitants’ claims. It also refocuses the issue of forum risk. Cohabiting clients with a Scottish connection could face significantly greater financial exposure (or opportunity) if proceedings are raised in Scotland, which is possible if they live in England if either party retains a Scottish domicile.
2. Cohabitants’ Rights on Death and Intestacy
The consultation also explores reform of a cohabitant’s claims on the death of their partner. As things stand it is possible to make a claim if there is no Will; if there is a Will then that prevails. The Scottish Government is considering whether the proposed new definition of “cohabitant” should also apply in succession cases. If so, the pool of eligible claimants may widen, increasing estate planning risks for clients with Scottish cohabitants, and making the need for a Will all the more important.
English lawyers acting in cross border probate matters should be alert to the possibility that a surviving partner excluded under English law could nonetheless pursue a Scottish claim.
4. Extending Simplified Divorce Where There Are Children
Scotland does not have no-fault divorce, but it does have a simplified divorce procedure, often called the “DIY divorce” as it is form based and designed to be simple enough for a lay person to use without legal representation. To date access to that has been limited to couples who have resolved their financial issues and who do not have children under the age of 16. The proposal is to extend its use so that couples with children can also use it. If adopted, this change may reinforce Scotland’s reputation as a low cost, accessible divorce forum for uncontested cases.
Practical Implications for English Family Lawyers
While none of these reforms are yet law, they raise several immediate considerations for practitioners in England and Wales. In particular, forum advice will become more nuanced for cohabitants and unmarried parents with Scottish ties. Estate planning for cross border unmarried clients will also require closer attention to risks in Scotland.
3. Raising the Minimum Age of Marriage and Civil Partnership
The second part of the consultation seeks views on raising the minimum age of marriage and civil partnership in Scotland from 16 to 18. This proposal follows a recommendation by the UN Committee on the Rights of the Child and mirrors international trends, bringing Scotland in to line with England and Wales.
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