Pensions on Divorce: Lessons from BS v HC [2026] EWFC 20 (B)
The recent Family Court decision in BS v HC [2026] EWFC 20 (B) provides valuable guidance on how pensions are treated on divorce, particularly where significant pension wealth was built up before the marriage.
BS v HC [2026] EWFC 20 – The Case in Brief
The case involved a pension worth over £3 million, most of which had been accumulated before the parties married. The court was asked to determine how much of that pension should be treated as a matrimonial asset and shared between the parties.
Despite expert evidence producing widely differing calculations, the court emphasised that pension division is ultimately a question of fairness rather than pure mathematics. HHJ Edward Hess concluded that 55% of the pension was matrimonial and 45% remained non-matrimonial.
The judgment also considered the Supreme Court’s decision in Standish v Standish [2025] UKSC 26 and the concept of “matrimonialisation”. The court confirmed that pensions are often different from other assets because they usually remain in one party’s sole name and are not automatically treated as part of the shared marital pot. As a result, the husband’s pre-marital pension wealth retained significant protection.
Standish v Standish [2025] UKSC 26 clarified the concept of “matrimonialisation”, confirming that non-matrimonial assets only become matrimonial if both spouses have clearly treated them as shared during the marriage. Simply transferring ownership, for tax planning or convenience, is not enough to make those assets subject to equal sharing on divorce.
What The Case of BS v HC [2026] EWFC 20 Tells Us
The decision reinforces several key principles:
- Pension sharing remains highly fact-specific and depends on achieving a fair outcome.
- Pre-marital pension wealth can remain protected, even where it has grown substantially during the marriage.
- Clear evidence is needed before non-matrimonial assets will be treated as matrimonial property.
- Specialist advice is essential where pensions form a significant part of the overall assets.
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Expert Legal Advice on Pensions from Thornton Jones
Pensions are frequently among the most valuable assets in divorce proceedings, yet they are also one of the most complex. Cases such as BS v HC demonstrate the importance of obtaining specialist legal advice at an early stage.
At Thornton Jones Solicitors, our experienced Family Law team regularly advises clients on:
- Pension sharing orders
- High-value and complex financial remedy cases
- Non-matrimonial and pre-acquired assets
- Asset protection following Standish and other leading cases
- Achieving fair and practical financial settlements
Our team combines technical expertise with practical, client-focused advice to ensure that all assets, particularly pensions, are properly assessed and protected. Whether you are concerned about safeguarding wealth built up before marriage or securing your financial future after divorce, Thornton Jones has the experience and specialist knowledge to guide you through the process.
If you are facing divorce and have concerns about pensions or financial settlement, contact our expert Family Law team today for tailored advice and support
About the author
Jane Auty is a Partner and Head of Family Law at Thornton Jones Solicitors with more than 25 years’ specialist experience. She advises on divorce, complex financial settlements, collaborative law, pre- and post-nuptial agreements, and is committed to achieving constructive, practical outcomes that protect her clients’ futures.
Financial Remedy Claims in Divorce FAQs?
No. A pension is not automatically divided equally when a couple divorces. The Family Court considers several factors, including the length of the marriage, when the pension was built up, each person’s financial needs and what would be a fair outcome. In some cases, only part of a pension will be shared, while in others a different approach, such as pension offsetting, may be more appropriate.
At Thornton Jones Solicitors, our experienced Family Law team can advise you on pension sharing, pension offsetting and financial remedy claims, helping you understand your options and work towards a fair financial settlement. Contact us today for specialist advice tailored to your circumstances.
There is no fixed rule that all assets are divided 50/50 following a divorce. While equality is often a starting point, the court will consider a wide range of factors, including the welfare of any children, the length of the marriage, each spouse’s financial needs, contributions and the nature of the assets involved. The aim is always to achieve a fair outcome based on the individual circumstances of the case.
Thornton Jones Solicitors provides clear, practical advice on divorce financial settlements, helping clients protect their interests while working towards a fair and lasting resolution. Speak to our Family Law team to discuss your circumstances.
A financial remedy order is a legally binding court order that sets out how finances should be divided following a divorce. It can deal with property, pensions, savings, investments, maintenance and other assets. Even where couples reach an agreement themselves, it is usually advisable to have that agreement approved by the court through a financial remedy order to provide certainty and prevent future financial claims.
The Family Law team at Thornton Jones Solicitors can advise you throughout the financial remedy process, whether you negotiate an agreement or require court proceedings. Contact us today for expert advice on protecting your financial future.
Not necessarily. A pension is not automatically divided equally during a divorce. The Family Court will consider factors such as the length of the marriage, when the pension was built up, each spouse’s financial needs and what would be a fair outcome. In some cases, only part of a pension may be shared, while in others an alternative approach, such as pension offsetting, may be more appropriate.
At Thornton Jones Solicitors, our experienced Family Law team can advise you on pension sharing, financial remedy proceedings and achieving a fair financial settlement. Contact us today for specialist advice tailored to your circumstances.
There is no automatic rule that your spouse will receive half of your pension following a divorce. Whether a pension is shared depends on the specific circumstances of your case, including when the pension was accrued, the length of the marriage, the value of other assets and the financial needs of both parties. Obtaining early legal advice can help you understand your options and protect your financial interests.
Thornton Jones Solicitors provides expert advice on pension sharing, pension offsetting and complex financial settlements. Our Family Law team can help you achieve the fairest possible outcome based on your individual circumstances.
A financial order (also known as a financial remedy order) is a legally binding court order that records how finances will be divided following a divorce. It can cover property, pensions, savings, investments, maintenance and other assets. Even if you and your former spouse reach an agreement yourselves, it is usually advisable to have it approved by the court to make it legally binding and prevent future financial claims.
The Family Law team at Thornton Jones Solicitors can advise you throughout the financial remedy process, whether you are negotiating an agreement or require court proceedings. Contact us today for clear, practical advice to protect your financial future.
The content of this blog post is for information only and does not constitute formal legal advice and should not be relied upon as advice. Thornton Jones Solicitors Limited accepts no liability for any such reliance upon this content. Where the post includes links to external websites, Thornton Jones Solicitors Limited accepts no responsibility for the content of such sites. Any link to a third-party website should not be construed as endorsement by Thornton Jones Solicitors Limited of any content, products or services which are outside our direct control.
Divorce and Separation Solicitors
The “Silent Divorce” and How Non-Court Dispute Resolution Can Break the Silence
As lawyers who specialise in family law, we often speak with people who share that they are “not really together anymore”, yet they are still married, still sharing a home and still presenting as a couple to the world. There has been no dramatic breakdown or major event. Instead, the relationship has slowly faded into something quiet and disconnected. This is commonly referred to as a “silent divorce”.
What is a Silent Divorce?
A silent divorce is when a married couple remain legally together, but the emotional relationship has effectively ended. Although they may continue living under the same roof, communication, affection and intimacy have often broken down, leaving partners feeling disconnected and more like roommates than spouses. Unlike a legal divorce, a silent divorce does not involve court proceedings or a formal separation, making it less obvious to family and friends.
Many couples remain in this situation because of children, financial commitments or the familiarity of staying together. Recognising the signs of a silent divorce is an important first step. It allows couples to decide whether to rebuild their relationship through support and counselling or to explore legal separation or divorce if the relationship has come to an end.
Why Do Couples Stay Together in Silence?
Prioritising stability for children, financial pressures and social and cultural factors can significantly impact decision-making.
Another important concern is the cost of living in the UK, which has significantly increased in the last few years, making couples worry about having to maintain their own separate homes, especially when there are children to take into consideration.
Clients frequently say, “nothing terrible has happened” or “other people have it worse”
Fear also plays a significant role; fear of financial uncertainty, starting again, upsetting children or triggering conflict. So, the silence continues.
What can make silent divorce so emotionally difficult is that it can be hard to justify change. There is often no clear reason to leave. Clients frequently say, “nothing terrible has happened” or “other people have it worse”.
Silent divorce occurs within many marriages but can be particularly common later in life. Children grow up and leave home. Careers change or end. Long-established routines no longer mask the absence of connection. For many, the marriage isn’t openly unhappy, it’s simply empty.
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The Emotional & Legal Impacts of Staying Together
Extended emotional limbo can take a significant toll, often leaving individuals feeling stuck and unclear about how to move forward with confidence and clarity. Persistent tension within the home can affect everyone involved, particularly children, who are often highly sensitive to ongoing uncertainty and conflict.
Where a couple remains legally married, their financial lives also remain closely intertwined. Assets and liabilities continue to be shared, which can become increasingly complex as circumstances evolve, whether through inheritance, new relationships or financial differences. In the absence of a legally binding financial agreement, this can create a sense of instability, while informal parenting arrangements may lack reliability and enforceability.
A Silent Divorce Does Not Offer the Legal Protection of a Formal Divorce
As a result, one party may feel financially exposed or vulnerable. Over time, delaying formal decisions can lead to more complicated and potentially contentious financial situations, which can increase legal costs and add to existing worries and anxieties. What may begin as a period of avoidance can ultimately make an already difficult situation feel more burdensome and harder to resolve.
Whilst a silent divorce may feel like a practical or emotionally easier option in the short term, it is important to recognise that it does not offer the legal protection that comes with a formal divorce.
About the author
With over 20 years’ experience at Thornton Jones Solicitors, Stacey Higgs is a dedicated and hugely experienced Family Law Paralegal supporting clients through divorce, mediation and children matters with compassionate, practical guidance every step of the way.
Creating Clarity Without Conflict – You Have Options
Separation agreements can be an effective way to set clear, realistic arrangements for finances (both current and future) and day-to-day life, providing structure and certainty whilst allowing couples to move forward without conflict.
How Non-Court Dispute Resolution (NCDR) Can Help
For this particular subject, and many others, Non-Court Dispute resolution (NCDR) can be highly effective. NCDR allows both parties to be heard, to explore what has changed and to consider what they want their lives to look like going forward. NCDR is not about forcing reconciliation or pushing couples towards divorce. It is about giving people a voice and enabling them to make decisions that align with their values and emotional wellbeing. Crucially, it provides a structured, supportive setting for conversations that many couples struggle to have on their own.
NCDR includes mediation, collaborative law, the one lawyer model and solicitor-led negotiation. It supports communication, understanding and informed decision-making without blame or confrontation.
Whether the future lies in rebuilding or parting ways, there are constructive, non-adversarial pathways that allow you to move forward with confidence and clarity.
What is Alternative Dispute Resolution in Family Law?
Alternative Dispute Resolution (ADR) provides a variety of methods which can be used to resolve family disputes outside of going to Court. ADR aims to save parties time and money, reduce animosity between parties, as well as creating a more personalised outcome for families who are going through a stressful time, such as going through a divorce, dividing finances and assets, or child related issues.
Speak to Our Family Law Team
At Thornton Jones, our experienced family lawyers frequently encourage clients to explore their legal position at an early stage, even if they do not yet feel ready to proceed with a formal separation. This can include:
- Gaining a clear understanding of financial assets, rights and obligations
- Planning ahead for potential changes in circumstances
- Considering interim legal options, such as a separation agreement
There is no one size fits all solution, each and every relationship breakdown is unique. Making informed decisions at the right time however can provide greater certainty and help avoid unnecessary complications in the future.
Need Advice About a Silent Divorce or Separation?
If your relationship has quietly drifted apart, you do not have to face the uncertainty alone. Whether you are considering separation, living under the same roof, or simply want to understand your legal position, obtaining early legal advice can help you make informed decisions with confidence.
At Thornton Jones Solicitors, our experienced Family Law team can advise you on every aspect of relationship breakdown, including:
- Explaining your legal rights, even if you are not yet ready to divorce
- Advising on the benefits of separation agreements and whether they are suitable for your circumstances
- Helping you understand your financial position, including property, pensions, savings and other assets
- Explaining how financial claims between spouses remain open until they are formally resolved
- Advising on the legal implications of remaining married, including inheritance, pensions and future financial claims
- Supporting you in making arrangements for children in a way that prioritises their wellbeing
- Guiding you through Non-Court Dispute Resolution (NCDR), including mediation, collaborative law, the one lawyer model and solicitor-led negotiation
- Helping you achieve practical, constructive agreements without unnecessary conflict wherever possible
- Advising on formal divorce proceedings where this is the right next step
- Representing your interests should court proceedings become necessary
Every relationship is different, and there is no single solution that suits everyone. Whether you are looking to preserve an amicable relationship, gain certainty about your future or simply understand your options, our family lawyers will provide clear, practical and compassionate advice tailored to your circumstances.
Taking advice early does not mean you have decided to separate. It simply gives you the knowledge and reassurance to move forward with clarity, protect your legal and financial interests, and make the decisions that are right for you and your family.
Get in touch with our friendly and knowledgeable team today to discuss your options. You can call us on 01924 290 029 or contact us using our online enquiry form.
What are the Legal Drawbacks of a “Silent Divorce”?
Yes. Even if you have lived separately for many years, financial claims between spouses usually remain open until they are formally resolved by the court through a financial order. This means either spouse could make a claim against the other’s assets in the future, creating uncertainty and potential financial risk.
If you are experiencing a silent divorce or long-term separation, the Family Law team at Thornton Jones Solicitors can explain your rights and help you achieve greater financial certainty through a formal financial settlement or separation agreement.
Remaining legally married can have significant legal and financial consequences. Your spouse may still have rights relating to inheritance, pensions, financial claims and certain death benefits, even if your relationship ended years ago. Starting a new relationship before resolving these issues can also make financial matters more complicated.
Seeking legal advice early allows you to understand your options and plan ahead. Thornton Jones Solicitors can advise you on separation agreements, financial settlements and Non-Court Dispute Resolution (NCDR), helping you move forward with confidence and clarity.
Yes. You do not have to begin divorce proceedings to benefit from legal advice. Many people experiencing a silent divorce simply want to understand their legal position before deciding what to do next. Early advice can help you protect your finances, understand your rights, consider a separation agreement and explore constructive options such as mediation or other forms of Non-Court Dispute Resolution (NCDR).
At Thornton Jones Solicitors, our experienced Family Law team provides practical, compassionate advice tailored to your circumstances. Contact us today to discuss your options and take the first step towards greater clarity and peace of mind.
If you remain legally married, your spouse may still have important legal rights, even if you have been separated for many years or are experiencing a silent divorce. If you die without a valid Will, your spouse could inherit a significant proportion, or even all, of your estate under the rules of intestacy. They may also be able to bring a financial claim against your estate as your legal spouse, which may not reflect your current wishes or family circumstances.
Seeking legal advice early can help you understand your options, update your Will where appropriate and protect your loved ones. The experienced Family Law team at Thornton Jones Solicitors can advise you on the legal implications of separation and help you make informed decisions for the future.
It is important to understand the potential legal and financial implications. If you or your spouse begin a new relationship before reaching a formal financial settlement, unresolved financial claims between you can remain open. In some circumstances, assets acquired after separation may still be taken into account during financial negotiations, which could also affect your new partner’s financial position.
If you are experiencing a silent divorce or long-term separation, obtaining legal advice early can help you protect your interests and avoid unnecessary complications. The experienced Family Law team at Thornton Jones Solicitors can explain your rights, advise on financial settlements and separation agreements, and help you move forward with confidence.
Potentially, yes. If you remain legally married, your spouse may still be entitled to pension benefits or death-in-service payments, even if your relationship has ended. The outcome will depend on the rules of your pension scheme, any beneficiary nominations you have made and whether a financial settlement has been reached as part of your separation or divorce.
If you are experiencing a silent divorce or long-term separation, it is important to understand how your marital status could affect your financial future. The experienced Family Law team at Thornton Jones Solicitors can advise you on pensions, financial settlements and the steps you can take to protect your interests and those of your loved ones.
A separation agreement can provide valuable clarity for couples who have separated but are not yet ready to divorce. While a separation agreement is not automatically legally binding in the same way as a court order, it can carry significant legal weight if it has been properly prepared, both parties have received independent legal advice and there has been full financial disclosure. In many cases, the courts will take a well-drafted separation agreement into account, in terms of the parties’ intentions, if financial matters are later considered
If you are experiencing a silent divorce or long-term separation, a separation agreement can help set out practical arrangements for finances, property and other important matters while reducing uncertainty. The experienced Family Law team at Thornton Jones Solicitors can advise you on whether a separation agreement is right for your circumstances and help you protect your interests with clear, practical legal advice.
The content of this blog post is for information only and does not constitute formal legal advice and should not be relied upon as advice. Thornton Jones Solicitors Limited accepts no liability for any such reliance upon this content. Where the post includes links to external websites, Thornton Jones Solicitors Limited accepts no responsibility for the content of such sites. Any link to a third-party website should not be construed as endorsement by Thornton Jones Solicitors Limited of any content, products or services which are outside our direct control.
Divorce and Separation Solicitors
Love, Divorce and the Second Act – A practical, reassuring guide to divorce later in life – emotionally and financially
“Grey divorce” is a phrase often used for divorce amongst couples of a certain age however behind the label is a deeply personal decision about the next stage of life.
For many couples, the most difficult part of divorce isn’t the paperwork, it’s acknowledging that the life you’ve built together is changing. When a relationship ends after many years, it can feel less like a clear ending and more like a transition: new routines, new financial realities and, often, a new sense of identity.
Separation after a long marriage is becoming increasingly common. As people live longer and reassess what they want from the years ahead, relationships sometimes evolve in unexpected ways. For some, it’s a gradual drifting apart, for others, a moment of clarity that what once worked no longer feels right.
Why do couples separate after a long marriage?
There is rarely a single reason. More often, it’s a combination of changes over time:
- Life after children – when children leave home, some couples realise their relationship has centred on parenting rather than partnership.
- Growing in different directions – interests, priorities and social circles can shift over time, particularly around retirement or career changes.
- Falling into routine – relationships can become practical and functional, rather than emotionally fulfilling.
- Looking ahead – many people reach a point where they feel unable to ignore long-standing unhappiness or a lack of connection, particularly when thinking about the future.
What can make later-life divorce more complex?
Whilst the emotional aspects of separation can be significant, it is often the financial considerations that feel most daunting. Decisions made at this stage can have a lasting impact, and there may be less time to rebuild financially.
Common areas to consider include:
- Income and future security – understanding what each person needs now, and in retirement, is essential.
- The family home – whether it is sold, retained or offset against other assets will affect long-term stability.
- Pensions – these are often substantial assets and may require specialist advice, particularly if they are already in payment.
- Businesses and investments – family businesses, property and shareholdings can introduce additional complexity, including tax considerations.
In England and Wales, the Family Court’s objective is to achieve a fair outcome. Whilst, a 50/50 division is often discussed as a starting point, it is not a fixed rule. The court will consider all the circumstances of the case, including each person’s needs, such as housing, income, health and any ongoing responsibilities.
It is also important to recognise that contributions to a marriage are not measured solely in financial terms. In long relationships, roles are often shared in different ways, earning, caring, managing the home and supporting each other’s careers all carry equal weight.
Taking early advice can help you understand what is realistic, avoid unnecessary disputes and make informed decisions about your future.
One Couple, One Lawyer: Collaboration not Conflict
If you’re considering a more amicable way to separate, the One Couple, One Lawyer approach could offer a practical alternative to the traditional divorce process. Instead of instructing separate solicitors, you and your partner work with one specially trained, neutral lawyer who helps you reach fair, informed decisions together. This collaborative model can reduce conflict, save time and costs, and help you move forward with dignity while keeping the focus firmly on your family’s future.
A Timely Reminder: Wills and Estate Planning
Separation is also an important point at which to review your Will and any beneficiary nominations, such as those linked to pensions or life insurance. These arrangements do not automatically update on divorce and reviewing them early can help ensure your wishes are properly reflected.
Taking the next step
If you are considering divorce after a long marriage, it is entirely normal not to have all the answers at the outset. An initial, supportive conversation can help you understand your options, the likely financial framework and the practical steps involved.
With the right advice, you can move forward with clarity and begin shaping the next chapter of your life with greater confidence.
If you would like tailored, practical guidance, the family team at Thornton Jones are here to help. We can advise you on the divorce process, likely financial outcomes (including pensions), and the steps you can take now to protect your position. Please get in touch to arrange a confidential initial appointment.
About the author
With more than 20 years’ experience at Thornton Jones, Stacey Higgs is a dedicated Family Paralegal supporting clients through divorce, mediation and children matters with compassionate, practical guidance every step of the way.
Protecting Your Finances During a Later Life Divorce
Divorce later in life can have a significant impact on your financial security, particularly where there are pensions, the family home, savings, investments, and inheritance considerations. Unlike younger couples, there is often less time to rebuild wealth before retirement, making it essential to obtain specialist legal advice as early as possible.
Every divorce is different, and reaching a fair financial settlement requires careful consideration of your individual circumstances. Factors such as the length of the marriage, each person’s financial needs, retirement plans, health, and future income will all play an important role.
At Thornton Jones Solicitors, we take a holistic approach to later life divorce. We don’t simply focus on achieving a financial settlement; we help you understand your options, protect your long-term financial wellbeing, and plan for the future. Whether your concerns relate to pensions, property, maintenance, or preserving wealth for children and grandchildren, we provide clear, practical advice tailored to your circumstances.
If you are considering divorce later in life or have already begun the process, our experienced family law team can guide you through each stage with sensitivity and expertise.
Need Advice About Divorce in Later Life?
Ending a long marriage can be emotionally and financially challenging. Later life divorce often involves more complex financial arrangements than divorces involving younger couples, making it particularly important to receive specialist legal advice before making any decisions.
At Thornton Jones Solicitors, our experienced Family Law team can advise you on every aspect of divorce and financial settlement, including:
- Explaining the divorce process and what to expect at each stage
- Advising on achieving a fair financial settlement following a long marriage
- Helping you understand how pensions may be valued and divided on divorce
- Advising on the future of the family home and other property assets
- Assisting with the division of savings, investments, businesses, and other valuable assets
- Advising on spousal maintenance and ongoing financial support where appropriate
- Helping protect inherited wealth and assets intended for children or grandchildren
- Supporting couples with blended families and complex financial circumstances
- Negotiating settlements through constructive discussions, mediation, or solicitor-led negotiation where appropriate
- Representing you in court proceedings if an agreement cannot be reached
- Providing clear, practical, and compassionate legal advice to help you move forward with confidence
A later life divorce can have a significant impact on your financial future, particularly where pensions, the family home, investments, and retirement income are involved. Obtaining timely legal advice can help you understand your rights and options, protect your long-term financial security, and work towards a fair financial settlement, allowing you to move forward with confidence.
Get in touch with our friendly and knowledgeable team today to discuss your options. You can call us on 01924 290 029 or contact us using our online enquiry form.
Divorce and Separation FAQs
The time it takes to get a divorce in England and Wales depends on your individual circumstances, but most straightforward divorces take around six to eight months to complete. Delays can occur if there are disagreements about finances or property, as these issues are dealt with separately from the divorce itself.
At Thornton Jones Solicitors, our experienced divorce solicitors will guide you through every stage of the divorce process, helping to minimise delays wherever possible while ensuring your interests are protected.
The cost of getting a divorce varies depending on whether it is amicable or involves disputes over finances. In addition to the court fee, you may also need to pay legal fees if you instruct a solicitor to manage your divorce or negotiate a financial settlement.
At Thornton Jones Solicitors, we provide clear, transparent advice on divorce costs from the outset. Wherever possible, we will discuss fixed-fee options and explain the likely costs involved, so you know what to expect before your case progresses.
Family mediation is a process where an independent, professionally trained mediator helps separating couples reach agreements about finances, property, or child arrangements without going to court. Mediation is often quicker, less stressful, and more cost-effective than court proceedings.
Before making most family court applications relating to children or finances, you are usually required to attend a Mediation Information and Assessment Meeting (MIAM) to find out whether mediation is suitable. There are some exceptions, such as cases involving domestic abuse or urgent applications.
Our family law solicitors at Thornton Jones Solicitors can advise whether mediation is appropriate in your circumstances and guide you through the next steps.
The content of this blog post is for information only and does not constitute formal legal advice and should not be relied upon as advice. Thornton Jones Solicitors Limited accepts no liability for any such reliance upon this content. Where the post includes links to external websites, Thornton Jones Solicitors Limited accepts no responsibility for the content of such sites. Any link to a third-party website should not be construed as endorsement by Thornton Jones Solicitors Limited of any content, products or services which are outside our direct control.
Divorce and Separation Solicitors
BREAKING NEWS: Government Moves to Strengthen Rights for Unmarried Couples
The Government has launched a long-awaited consultation on cohabitation rights which is an important step towards better protection for unmarried couples. For family lawyers, this reform is overdue.
The “Common Law Marriage” Myth
Many still believe in the idea of a “common law marriage”, but in reality, cohabiting couples currently have far fewer rights than married couples or civil partners. This can leave financially vulnerable partners, and children, at risk when relationships end or a partner dies.
The proposals aim to address this gap by introducing stronger financial protections on separation, potential inheritance rights where a partner dies without a will, and improved safeguards for domestic abuse survivors. The consultation also considers whether prenuptial agreements and postnuptial agreements should become legally binding.
As cohabiting couples are now the fastest-growing family type in the UK, the law has struggled to keep pace with modern relationships. Clearer rules could bring much-needed certainty, reduce disputes, and ease pressure on the Family Court.
Cohabiting couples are now the fastest-growing family type in the UK
Cohabitation has become increasingly common across the UK, making cohabiting couples one of the fastest-growing family groups. Figures published by the Office for National Statistics (ONS) show a steady rise in the number of adults choosing to live together without marrying or entering into a civil partnership.
Between 2012 and 2022, the proportion of people aged 16 and over living in a cohabiting relationship increased from 19.7% to 22.7%, representing growth from approximately 5.4 million to 6.8 million people over the ten-year period.
What Rights Do Cohabiting Couples Have?
Many people mistakenly believe that living together for a long period of time, or having children together, gives them the same legal rights as a married couple. This misconception is often referred to as a “common law marriage”. However, no such legal status exists in England and Wales.
Unlike married couples and civil partners, cohabiting partners do not automatically acquire legal rights simply because they live together. As a result, important legal and financial protections that apply to spouses are often unavailable to unmarried couples.
For example, if a relationship ends:
- One partner does not automatically have a right to share in the other’s property or savings.
- There may be no entitlement to pensions, investments, or other assets held solely in the other partner’s name.
- Neither partner is generally required to provide ongoing financial support to the other after separation.
The position can be even more difficult following the death of a partner. If they die without making a valid Will, the surviving cohabiting partner is not automatically entitled to inherit from their estate, regardless of how long the couple lived together or whether they shared a home.
This lack of legal protection can create significant financial uncertainty, particularly where one partner has reduced their working hours or stepped away from their career to care for children or manage family responsibilities. Taking legal advice and putting appropriate arrangements in place can help provide greater security for both partners.
Our thoughts on the proposed reforms
Jane Auty, Partner and Head of Family Law at Thornton Jones says: “The Government’s consultation represents one of the most significant reviews of cohabitation law in recent decades. With millions of couples choosing to live together without marrying, there is growing recognition that the law needs to reflect modern family life while ensuring fairness when relationships end or a partner passes away.”
Has the Cohabitation Rights Bill Been Passed?
At time of writing (June 2026) the Cohabitation Rights Bill has not yet become law, and the legal position for cohabiting couples in England and Wales remains unchanged.
Currently, unmarried couples do not have the same legal rights as married couples or civil partners. This means there is no automatic right to a partner’s property, finances, or inheritance if a relationship ends or a partner dies without a valid Will.
The Government is consulting on potential reforms that could give cohabiting couples greater legal and financial protection in the future. However, until any changes are introduced, cohabiting partners should consider taking steps to protect their interests, such as making a Will or entering into a cohabitation agreement.
Our thoughts on the proposed reforms
Stacey Higgs, Paralegal in the Family Law Team at Thornton Jones says: “Many people still believe that living together for a number of years creates legal rights similar to marriage, but this is simply not the case. We regularly advise clients who are shocked to learn how limited their rights can be. Regardless of whether these proposed reforms become law, planning ahead remains essential.”
What Should Cohabiting Couples Do Now?
Although the Government is considering reforms, the law has not yet changed. Cohabiting couples should not assume they will automatically gain new rights in the near future. If you live with your partner, it may be sensible to:
- Put a cohabitation agreement in place.
- Make or update your Will.
- Review property ownership arrangements.
- Consider how savings and other assets are held.
- Seek legal advice if you are separating.
Taking proactive steps now can help protect your interests regardless of whether future reforms are introduced.
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Contact our specialist Family Law solicitors today
Whether you are moving in with your partner, considering a cohabitation agreement, separating after a long-term relationship, or concerned about your legal rights, obtaining specialist legal advice can help you make informed decisions and avoid costly disputes in the future.
The law surrounding cohabitation can be complex, and many couples are surprised to learn that unmarried partners do not enjoy the same legal protections as married couples or civil partners. Taking advice at an early stage can help you protect your finances, property, and long-term interests.
At Thornton Jones, our experienced Family Law solicitors provide clear, practical guidance tailored to your individual circumstances. We can advise on cohabitation agreements, property disputes, financial arrangements, inheritance concerns, and relationship breakdowns.
To discuss your situation with a member of our team, call us today on 01924 290 029 or complete our online enquiry form, and we will be happy to help.
No. Despite the widespread belief that living together for a long period creates a “common law marriage”, no such legal status exists in England and Wales. Cohabiting couples do not automatically gain the same legal rights as married couples or civil partners, regardless of how long they have lived together or whether they have children.
The outcome will depend on who legally owns the property and whether both partners have a recognised financial interest in it. If only one partner owns the property, the other may still be able to establish rights in certain circumstances. Seeking legal advice early can help clarify your position and avoid disputes.
In most cases, no. Under the current law, unmarried partners are not automatically entitled to inherit from their partner’s estate if they die without a valid Will. This can leave surviving partners in a difficult financial position, particularly where they shared a home or had been together for many years.
A cohabitation agreement is a document that sets out how assets, property, finances, and other matters will be dealt with during the relationship and in the event of separation. It can provide clarity, reduce the risk of disputes, and help protect both partners’ interests.
While having children together does not give cohabiting couples the same rights as married couples, parents do have legal responsibilities towards their children. Issues such as child arrangements, parental responsibility, and child maintenance are governed by separate legal rules and can be addressed regardless of the parents’ marital status.
The content of this blog post is for information only and does not constitute formal legal advice and should not be relied upon as advice. Thornton Jones Solicitors Limited accepts no liability for any such reliance upon this content. Where the post includes links to external websites, Thornton Jones Solicitors Limited accepts no responsibility for the content of such sites. Any link to a third-party website should not be construed as endorsement by Thornton Jones Solicitors Limited of any content, products or services which are outside our direct control.
Thornton Jones Solicitors’ Offices
Going to Family Court? Here’s How to Prepare and What to Expect
If you are facing Family Court proceedings, you are probably feeling a mixture of stress, uncertainty and worry about what might happen next. Whether your case involves arrangements for your children, finances after separation or protective orders, it is completely normal to feel overwhelmed.
The good news is that preparation makes a real difference. Whether your case involves child arrangements, divorce, or financial matters, understanding what to expect can make the process far less daunting. In this guide, we explain how the Family Court works, how to prepare for your hearing, and what happens after a decision is made so you can attend court feeling informed, organised and confident.
Understanding what the Court is there to do (and importantly what it isn’t there to do)
Family Court is not about “winning” or punishing the other person. The Court’s role is to reach a fair and lawful decision based on evidence.
If your case involves children, the Court’s priority is your child’s welfare under the Children Act 1989. That means the Judge will focus on what is in your child’s best interests, not on who feels more wronged.
If your case involves finances after divorce, the Court applies principles set out in the Matrimonial Causes Act 1973. The aim is fairness, taking into account factors such as income, needs, and the welfare of any children.
Understanding how the Family Court works helps you approach your case with confidence and clarity.
What Happens on the Day of Your Family Court Hearing
Most family cases are handled through the system run by HM Courts & Tribunals Service.
Depending on your case, you may attend:
- A directions hearing (to organise next steps),
- A dispute resolution hearing (to explore settlement), or
- A final hearing (where a Judge makes a decision).
Hearings may take place:
- In person at court, or
- Remotely via video.
Your solicitor will guide you through the format in advance. You will not be expected to understand everything immediately, that’s what your legal representative is there for.
Five Ways You Can Achieve a Healthy Divorce
Separation and divorce can be an extremely difficult and emotional time for everyone involved, even more so if you have children together, and it may feel to most that a “healthy divorce” is just not viable. A blog by Stacie Higgs.
How to Prepare Your Evidence for Family Court
It can be tempting to include every message, argument and detail from your relationship. However, the Court is interested in relevant information.
Helpful preparation includes:
- Providing clear financial documents (if it’s a financial case),
- Supplying school or medical information (if it’s a children case),
- Creating a simple timeline of key events,
- Focusing on facts rather than emotion.
Judges respond best to clarity and honesty. Being calm and factual is far more powerful than being angry.
Managing Stress and Emotions During Family Court
Family Court is emotional, that is unavoidable. You may see your former partner, hear things you disagree with, or feel frustrated by delays.
What to do before your family court hearing
- Avoid discussing the case on social media.
- Speak to a trusted friend or counsellor if you are struggling.
What to do during the family court hearing
- Stay calm and respectful.
- Listen carefully to questions.
- Answer clearly and honestly.
It is okay to feel emotional however remaining composed helps the Court focus on your evidence.
Negotiation, Mediation & Settling Before Court
Many family cases settle before a final hearing. Courts encourage negotiation and alternative dispute resolution, including Mediation.
Settlement is not about “giving in.” It can:
- Reduce legal costs,
- Shorten the process,
- Give you more control over the outcome,
- Reduce conflict, which is especially important where children are involved.
Sometimes compromise is the strongest step forward.
After the Family Court Decision – Next Steps
Once a decision is made:
- Make sure you understand the order fully.
- Ask questions if anything is unclear.
- Focus on practical next steps.
If the outcome is not what you hoped for, it does not mean the Court did not listen. Decisions are made based on legal principles and evidence. Your solicitor can advise you if there are grounds to challenge the decision however it is important to note that appeals are only appropriate in limited circumstances.
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Going to Family Court: Final Reassurance
Going to Family Court can feel intimidating, but you are not expected to navigate it alone. With the right preparation, clear advice and realistic expectations, you can approach the process with greater confidence.
Family proceedings are about building a workable future, especially where children are involved. Preparation helps you move through this chapter with clarity, dignity and strength.
If you would like support tailored to your unique situation, then seeking early legal advice can make all the difference. For expert advice and support contact our Family Law team on 01924 290 029 or contact us using our online enquiry form and one of our friendly team will call you back.
Divorce and Separation FAQs
You should check the court order informing you of the hearing date and time (called “Notice of Hearing”) as this will confirm the time the court will expect you to arrive. You should also allow time to pass through security, find the correct courtroom, and speak with your solicitor or barrister if needed. Family Courts operate similarly to other courts, with airport-style security checks at the entrance. Arriving early also gives you time to compose yourself and review any documents, as well as commence pre-hearing negotiations (if appropriate) before you are called before the judge. If you are unsure where to go, court staff can assist you. It is important not to be late, as the judge may begin the hearing without you.
In most cases, you may bring a friend or family member for support. However, they will usually not be allowed to enter the courtroom or speak on your behalf unless the court grants specific permission (for example, as a McKenzie Friend). Family Court hearings are generally private, particularly where children are involved, so the judge controls who may enter the courtroom. If you would like someone to attend with you, you should discuss this with your solicitor beforehand to ensure it is appropriate for your case.
You are not legally required to have a solicitor to attend Family Court, and some people choose to represent themselves (known as a “litigant in person”). However, family law proceedings can be legally and emotionally complex, particularly where children or financial settlements are concerned.
A solicitor can:
> Prepare your evidence and court documents correctly
> Advise you on likely outcomes
> Represent you in negotiations
> Speak on your behalf during the hearing
Having professional legal advice can help ensure your case is presented clearly and effectively, and that your rights, and your child’s best interests, are fully protected.
A McKenzie Friend is someone you can bring to court to provide support if you are representing yourself. They can assist during negotiations and during proceedings by speaking on your behalf, but only if the court specifically allows it. Many people find having a McKenzie Friend helps reduce stress and ensures they do not miss important points during the hearing.
Children are generally not present in the courtroom, as Family Court hearings are private and designed to protect their welfare. Instead, the court may hear evidence from social workers, family reports, or via a children’s guardian (CAFCASS officer). In some cases, the judge may speak to children indirectly or request written statements, always prioritising their best interests.
The content of this blog post is for information only and does not constitute formal legal advice and should not be relied upon as advice. Thornton Jones Solicitors Limited accepts no liability for any such reliance upon this content. Where the post includes links to external websites, Thornton Jones Solicitors Limited accepts no responsibility for the content of such sites. Any link to a third-party website should not be construed as endorsement by Thornton Jones Solicitors Limited of any content, products or services which are outside our direct control.
Contact our Divorce Solicitors in Garforth, Leeds
Thornton Jones Solicitors
Westbourne House
99 Lidgett Lane
Garforth
Leeds
LS25 1LJ
Tel: 0113 246 4423
Fax: 0113 831 4929
Email: enquiries@thorntonjones.co.uk
Contact our Divorce Solicitors in Wakefield
Thornton Jones Solicitors
Bank House
1 Burton Street
Wakefield
WF1 2GF
Tel: 01924 290029
Fax: 01924 290240
Email: enquiries@thorntonjones.co.uk
Contact our Divorce Solicitors in Ossett, Wakefield
Thornton Jones Solicitors
25 Bank Street
Ossett
WF5 8PS
Tel: 01924 586466
Fax: 01924 290240
Email: enquiries@thorntonjones.co.uk
Contact our Divorce Solicitors in Sherburn in Elmet, Leeds
Thornton Jones Solicitors
6 Finkle Hill
Sherburn in Elmet
Leeds
LS25 6EA
Tel: 01977 350500
Fax: 0113 831 4929
Email: enquiries@thorntonjones.co.uk
Can Artificial Intelligence Replace Solicitors in Family Law?
Artificial Intelligence (AI) tools such as ChatGPT are becoming part of everyday life – to seek out information, for practical guidance and to help produce documents, both inside and outside of the workplace. ChatGPT for example, can even explain basic legal concepts. So, you may be wondering: could AI replace the role of a Solicitor in family law proceedings?
“Whilst AI can provide general information, when it comes to protecting your family, your finances and your future, there is no substitute for an expert Family Solicitor or Legal Executive providing specialist assistance and human judgement” – Laura Lofthouse
When AI Can Help in Family Law – and Where It Falls Short
It is not disputed that AI tools can be useful, albeit for certain tasks and in limited ways. For example, AI tools are able to provide generic information about family law concepts, such as explaining what a no-fault divorce is, outlining the broad principles of family law, or describing the stages of a typical court process.
Whilst these functions may be convenient for curiosity or initial research, these functions certainly fall short of identifying and navigating the complexities of family law and application of the general principles to an individual case. What a lot of people fail to realise is that family law is anything but “one size fits all.” Family law is not only legally complex, but deeply personal and this is where AI platforms fall short.
The Risks of Relying on AI for Family Law Advice in England and Wales
Unlike a Solicitor or Legal Executive, AI will not challenge the assumptions of the person engaging with it and all too often crucial details will be missed. Understandably, clients will often omit what they believe to be “small details” as they do not realise the importance of the information, potential impact on a case or how much weight the Court may place on such details. A legal professional is of course experienced in seeking out further information and challenging the information presented. On the other hand, AI will simply process inputted information without applying judgement or strategy. As such, relying on AI responses alone, could mean that key pieces of information are overlooked.
Another major limitation is advocacy. AI cannot represent you in Court, conduct negotiations or argue persuasively on your behalf. These are essential as the outcome of family law proceedings often depends on how effectively a case is presented.
AI Tools and Family Court Confidentiality
By Laura Lofthouse. Family Law Solicitor.
Artificial Intelligence (AI) tools such as Chat GPT are becoming widely used and it is understandable why. They can answer questions quickly and provide information and general overview on an array of topics. But when it comes to family law, there are serious risk in relying on these tools – especially around data protection and confidentiality.
When using AI platforms, the user also needs to be alive to potential jurisdictional issues. Many AI platforms are developed in the United States and as such, are not tailored to the complexities of English and Welsh family law. AI tools likely to assume the user is based in the platform’s country of origin, unless the user specifically informs them otherwise. Even then, the tool may struggle to differentiate between jurisdictions within the United Kingdom – for example, Scottish and English Courts have different procedures when it comes to divorce.
For argument’s sake, even if the platform was able to provide jurisdiction-specific advice, it is highly unlikely that it would account for regional pilot schemes such as the West Yorkshire Pathway for Children Act Proceedings or Domestic Abuse Protection Orders which are only available in limited areas of England and Wales. This then means that the advice AI provides may be incomplete, inaccurate or irrelevant to an individual’s specific circumstances.
AI Errors and Hallucinations: Why AI Legal Advice Can Be Inaccurate in Family Law
AI platforms are also prone to errors and “hallucinations”. Family law is ever-changing and evolving and AI often quote outdated legal procedures (for example, referencing the old divorce process, despite the no-fault system being introduced in April 2022) or produce caselaw that has since been superseded or overruled by higher Courts. More concerningly, there have been cases of “hallucinations” which occur when the AI tool cannot find the answer to a particular question and instead, produces a completely fictitious response.
Equally as important as procedure and the technical side of things is of course emotional support. Divorce, children issues and domestic abuse are not just legal matters – they are extremely challenging human experiences. Solicitors can and will provide empathy, reassurance and practical guidance throughout the course of the matter – qualities that no algorithm could ever replicate.
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Why You Should Not Rely Solely on AI for Family Law Advice
To be clear, relying solely on AI in family law cases carries significant risks. Mistakes caused by relying on information produced or obtained by AI platforms can be costly and unnecessarily delay or extend proceedings. What may seem like a cost saving measure, often can cost far more in the long run!
That is because family law involves more than statutes and procedures. It requires technical expertise, human judgement, advocacy skills and emotional intelligence. Solicitors or Legal Executives bring a deep understanding of complex law and local practices, ensuring that the advice received is accurate and specific to the individual circumstances. Legal professionals can weigh up evidence, adapt strategy and challenge assumptions in ways that AI can’t. Whilst AI can provide general information, when it comes to protecting your family, your finances and your future, there is no substitute for an expert Family Solicitor or Legal Executive providing specialist assistance and human judgement.
Contact our Family Law Solicitors for Advice
At Thornton Jones, we believe that every client deserves expert guidance tailored to their unique circumstances. If need assistance with family law issues, contact our team today on 01924 290 029 or contact us using our online enquiry form. We can provide confidential, expert advice and ensure your information is protected at every stage.
Family Law Solicitors FAQs
AI tools can explain general legal principles and outline procedures, but they cannot assess evidence, apply discretion or tailor advice to your individual circumstances under English and Welsh family law. Thornton Jones Solicitors say specialist legal advice is essential. Thornton Jones Solicitors suggest speaking to a qualified family lawyer before making decisions.
No. AI systems can produce outdated legal information, misunderstand jurisdictional differences and even generate “hallucinations” — entirely fictitious cases or procedures. This can be particularly risky in evolving areas such as family law. Thornton Jones Solicitors say accuracy matters. Thornton Jones Solicitors suggest verifying advice with an experienced solicitor.
While AI may appear cost-effective at first, relying on incomplete or inaccurate information can result in procedural errors, delays and greater expense in the long run. Family law mistakes can be difficult to reverse. Thornton Jones Solicitors say prevention is better than cure. Thornton Jones Solicitors suggest obtaining professional advice early.
The content of this blog post is for information only and does not constitute formal legal advice and should not be relied upon as advice. Thornton Jones Solicitors Limited accepts no liability for any such reliance upon this content. Where the post includes links to external websites, Thornton Jones Solicitors Limited accepts no responsibility for the content of such sites. Any link to a third-party website should not be construed as endorsement by Thornton Jones Solicitors Limited of any content, products or services which are outside our direct control.
Contact our Family Law Solicitors in Garforth, Leeds
Thornton Jones Solicitors
Westbourne House
99 Lidgett Lane
Garforth
Leeds
LS25 1LJ
Tel: 0113 246 4423
Fax: 0113 831 4929
Email: enquiries@thorntonjones.co.uk
Contact our Family Law Solicitors in Wakefield
Thornton Jones Solicitors
Bank House
1 Burton Street
Wakefield
WF1 2GF
Tel: 01924 290029
Fax: 01924 290240
Email: enquiries@thorntonjones.co.uk
Contact our Family Law Solicitors in Ossett, Wakefield
Thornton Jones Solicitors
25 Bank Street
Ossett
WF5 8PS
Tel: 01924 586466
Fax: 01924 290240
Email: enquiries@thorntonjones.co.uk
Contact our Family Law Solicitors in Sherburn in Elmet, Leeds
Thornton Jones Solicitors
6 Finkle Hill
Sherburn in Elmet
Leeds
LS25 6EA
Tel: 01977 350500
Fax: 0113 831 4929
Email: enquiries@thorntonjones.co.uk
AI Tools and Family Court Confidentiality: What You Need to Know
Artificial Intelligence (AI) tools such as Chat GPT are becoming widely used and it is understandable why. They can answer questions quickly and provide information and general overview on an array of topics. But when it comes to family law, there are serious risk in relying on these tools – especially around data protection and confidentiality.
Why Family Court Proceedings Are Confidential
Family Court proceedings in England and Wales are private. That means that hearings are not open to the public and all parties to the proceedings have a duty to keep information confidential. This is of particular importance in children cases as identifying a child involved in proceedings is a criminal offence under the Children Act 1989. Sharing information without proper authorisation can lead to fines, or even imprisonment.
Unlike conversations with a Solicitor or Legal Executive, discussions with an AI platform are not legally privileged. In fact, there has already been a case in which a persons’ ChatGPT search history was accessed by others and used in evidence in family law proceedings.
One Couple, One Lawyer: Collaboration not Conflict
By Shelley Wales. Partner and Head of Family Dispute Resolution.
More and more separating and divorcing couples are choosing a new, kinder way to navigate the process of divorce and separation. It’s one that puts communication and cooperation before courtroom battles. That’s where the One Couple, One Lawyer Model comes in. At Thornton Jones Solicitors, we know that divorce doesn’t have to mean war.
Why You Should Speak to a Family Law Solicitor
More concerningly, public AI platforms often store user data on external servers and use the inputted information to train future models. This means that any sensitive data input into the platforms such as ChatGPT will mostly likely be retained and is at risk of being accessed by others or exposed through data leaks or cyber-attacks. It is important to note that even if you pay for a subscription model (like ChatGPT-4) and opt out of data use for training, personal data may still be stored and at risk of exposure.
Family law cases are highly personal and involve the sharing of information about finances, relationships or children. If this sensitive information is leaked, the impact could be detrimental. Unlike Solicitors, who are bound by strict professional rules and legal privilege, AI platforms cannot guarantee confidentiality.
Whilst it is accepted that AI tools may be convenient for background reading, they are not suitable and should not be used for confidential specific family law discussions. Protecting your privacy is not optional – it is a legal duty. For advice that is both confidential and legally privileged, you should always speak with a qualified Solicitor or Legal Executive.
Contact our Family Law Solicitors for Advice
If need assistance with family law issues, contact our team today on 01924 290 029 or contact us using our online enquiry form. We can provide confidential, expert advice and ensure your information is protected at every stage.
Family Law Solicitors FAQs
Yes. Most family court proceedings in England and Wales are private, and there are strict legal rules about sharing information from a case with third parties. Thornton Jones Solicitors suggest seeking legal advice before discussing your case outside your legal team.
You should only discuss your case with professionals who are bound by confidentiality, such as your solicitor or barrister. Thornton Jones Solicitors suggest keeping all case details within your legal team to avoid accidental breaches of court rules.
A family law solicitor can provide confidential, legally privileged advice tailored to your situation and guide you through the family court process. Thornton Jones Solicitors suggest speaking to a qualified family law solicitor as early as possible to protect your position.
Family court proceedings and documents are generally confidential. Thornton Jones Solicitors suggest never sharing details or documents with anyone outside your legal team, including on social media, as this could breach court rules and lead to serious penalties.
You can share information with your legal representatives, other parties to the case, expert witnesses appointed by the court, and certain officials like CAFCASS officers. Thornton Jones Solicitors suggest checking with your solicitor before sharing any details to ensure you remain compliant with court rules.
Accredited journalists and legal bloggers may sometimes attend family court hearings, but strict rules apply to protect anonymity — no identifying information about parties or children may be published without a court order. Thornton Jones Solicitors suggest seeking legal advice if you are unsure about reporting or sharing information from a hearing.
Yes – most public AI tools store user data on external servers and often use inputted data to train future models. Even paid versions cannot guarantee full confidentiality.
Your data could be accessed by others, leaked in a cyber-attack, or misused.
As long as you avoid sharing personal details. AI can be useful for summarising general concepts, but never for confidential or case-specific discussions.
The content of this blog post is for information only and does not constitute formal legal advice and should not be relied upon as advice. Thornton Jones Solicitors Limited accepts no liability for any such reliance upon this content. Where the post includes links to external websites, Thornton Jones Solicitors Limited accepts no responsibility for the content of such sites. Any link to a third-party website should not be construed as endorsement by Thornton Jones Solicitors Limited of any content, products or services which are outside our direct control.
Contact our Family Law Solicitors in Garforth, Leeds
Thornton Jones Solicitors
Westbourne House
99 Lidgett Lane
Garforth
Leeds
LS25 1LJ
Tel: 0113 246 4423
Fax: 0113 831 4929
Email: enquiries@thorntonjones.co.uk
Contact our Family Law Solicitors in Wakefield
Thornton Jones Solicitors
Bank House
1 Burton Street
Wakefield
WF1 2GF
Tel: 01924 290029
Fax: 01924 290240
Email: enquiries@thorntonjones.co.uk
Contact our Family Law Solicitors in Ossett, Wakefield
Thornton Jones Solicitors
25 Bank Street
Ossett
WF5 8PS
Tel: 01924 586466
Fax: 01924 290240
Email: enquiries@thorntonjones.co.uk
Contact our Family Law Solicitors in Sherburn in Elmet, Leeds
Thornton Jones Solicitors
6 Finkle Hill
Sherburn in Elmet
Leeds
LS25 6EA
Tel: 01977 350500
Fax: 0113 831 4929
Email: enquiries@thorntonjones.co.uk
Legal Insight: Andy Carroll Case Highlights Serious Consequences of Breaching Protective Orders
Recent reports that former England footballer Andy Carroll is due to appear in court after being charged with breaching a non-molestation order serves as an important reminder of the seriousness with which the family courts (and criminal justice system) treat protective injunctions.
What is a Non-Molestation Order?
A non-molestation order is a civil court order designed to protect individuals from harassment, intimidation or unwanted contact, often in the context of family or former partner relationships. Breaching such an order is not merely a civil matter, it constitutes a criminal offence, carrying the potential for arrest, charge and prosecution.
According to reports, Mr Carroll was arrested and charged following an alleged breach of an existing order and is expected to appear before the magistrates’ court. Whilst the details of the case will be a matter for the court to determine, the situation underscores how strictly these orders are enforced, regardless of an individual’s public profile or background.
From a family law perspective, this case highlights the importance of fully understanding the terms of any court order of this nature. Non-molestation orders can prohibit direct or indirect contact, including messages sent via third parties or social media, and even unintentional breaches can result in serious legal consequences.
For those protected by such orders, the case also reinforces the availability of swift enforcement where boundaries are crossed. The courts view breaches as a matter of safeguarding and will act robustly to uphold protections put in place.
If you are concerned about your safety, need advice on applying for a non-molestation order or advice on a non-molestation order which has been made against you, or if you have any queries in relation to the breach of an existing order, it is vital to seek specialist legal advice as early as possible. Our experienced family law team can guide you through the process, explain your rights and obligations and provide clear, practical support during what can be a highly stressful time.
To speak confidentially with one of our family law experts, please contact our team today on 01924 290 029.
Non-Molestation Order FAQs
Breaching a non-molestation order is a criminal offence under English law. Penalties can include a fine, community order or imprisonment, depending on the seriousness of the breach. Thornton Jones Solicitors advice is to seek immediate legal guidance if you are accused of breaching an order.
Yes, non-molestation orders can prohibit both direct and indirect contact. This may include contact through third parties, social media, emails or text messages. Even unintended contact can amount to a breach if it falls within the terms of the order. Thornton Jones Solicitors advice is to carefully review the wording of the order and obtain legal advice to avoid accidental breaches.
An application for a non-molestation order is made to the family court and can often be done urgently if there is an immediate risk of harm. Evidence of harassment, threats or abuse will usually be required, and the court may grant an order without notice in serious cases. Thornton Jones Solicitors advice is to speak to a family law solicitor to ensure your application is properly prepared and supported.
The content of this blog post is for information only and does not constitute formal legal advice and should not be relied upon as advice. Thornton Jones Solicitors Limited accepts no liability for any such reliance upon this content. Where the post includes links to external websites, Thornton Jones Solicitors Limited accepts no responsibility for the content of such sites. Any link to a third-party website should not be construed as endorsement by Thornton Jones Solicitors Limited of any content, products or services which are outside our direct control.
Contact our Family Law Solicitors in Garforth, Leeds
Thornton Jones Solicitors
Westbourne House
99 Lidgett Lane
Garforth
Leeds
LS25 1LJ
Tel: 0113 246 4423
Fax: 0113 831 4929
Email: enquiries@thorntonjones.co.uk
Contact our Family Law Solicitors in Wakefield
Thornton Jones Solicitors
Bank House
1 Burton Street
Wakefield
WF1 2GF
Tel: 01924 290029
Fax: 01924 290240
Email: enquiries@thorntonjones.co.uk
Contact our Family Law Solicitors in Ossett, Wakefield
Thornton Jones Solicitors
25 Bank Street
Ossett
WF5 8PS
Tel: 01924 586466
Fax: 01924 290240
Email: enquiries@thorntonjones.co.uk
Contact our Family Law Solicitors in Sherburn in Elmet, Leeds
Thornton Jones Solicitors
6 Finkle Hill
Sherburn in Elmet
Leeds
LS25 6EA
Tel: 01977 350500
Fax: 0113 831 4929
Email: enquiries@thorntonjones.co.uk
The Cost of Living Crisis: How Financial Pressure Is Delaying Divorce and Separation
The ongoing cost of living crisis is affecting households across the UK, leaving many people facing difficult choices about their future. One of the areas where we are seeing the biggest impact is family separation.
Financial Barriers to Divorce During the Cost of Living Crisis
For many couples, the financial strain of everyday life has made the idea of funding a divorce or separation feel overwhelming. Rising housing costs, increased household bills, and uncertainty around future finances are leading some people to delay making important decisions about their relationships. As a result, many feel trapped in situations that are no longer healthy or sustainable, simply because they are worried they cannot afford to move forward.
At Thornton Jones Solicitors we recognise the immense pressure the rising cost of living is placing on families. No one should feel stuck in a relationship because they believe they cannot afford to speak to a solicitor.
Couples considering divorce or separation may find that the Budget does not offer the financial relief they were hoping for. Instead, many are left questioning whether now is the right time to begin the process, worried that legal fees, new housing arrangements, or changes to benefits and tax allowances could make an already difficult situation even more overwhelming.
Why Delaying Divorce or Separation Can Create Further Strain
While it’s understandable that people are reluctant to take on additional expenses during a cost of living crisis, delaying important decisions about your future can bring its own challenges, including the following:
- Financial entanglement: Joint debts, shared mortgages, and combined bills can become even more complicated the longer separation is postponed.
- Increased emotional stress: Living in an unhappy or unstable home environment can have a long-term impact on both adults and children.
- Rising Housing Costs: With rents and mortgage rates increasing, securing suitable and affordable housing after separation can be harder if plans are delayed. Acting early can provide more time to explore options or seek mortgage advice.
- Potential for Larger Costs Later: When conflict builds over time, separating later can become more contentious and therefore more expensive. Early advice can help set clear expectations and avoid unnecessary disputes.
Seeking early legal advice can help you understand your position clearly, even if you’re not ready to proceed immediately, so that you can plan ahead with confidence.
Understanding Your Options When It Comes to Divorce
Divorce Week is a time to shine a light on the realities of separation and to help people understand that there’s no single “right” way to divorce. Every relationship and family is different, and so is every path to resolution. Read more…
Fixed-Fee Divorce and Separation Advice During the Cost of Living Crisis
At Thornton Jones Solicitors, we believe that everyone deserves access to clear, supportive legal advice. Our fixed-fee initial appointments are designed to help you understand your rights, responsibilities, and options without feeling burdened by uncertainty over costs.
During your appointment, we can help you:
- Understand the likely financial implications of Divorce & Separation.
- Explore options such as mediation or collaborative law, which can be more cost-effective.
- Plan for housing, child arrangements, and long-term financial security.
- Make informed decisions that support your wellbeing and future stability.
Speaking to a solicitor does not mean you must proceed with a divorce, it’s simply the first step towards understanding your options. Knowledge brings confidence, and even preliminary advice can make a difficult situation feel more manageable.
“I was very fortunate to have had Jane Auty recommended to me, and she absolutely justified that recommendation. From our first meeting she was helpful, direct, and sympathetic in a combination that made working with her reassuring and effective. She was really helpful in providing the sort of robust guidance that led to a quick and effective resolution.“ – Aidan Cook via Review Solicitors
Call us today to speak with our Divorce and Separation Lawyers
To book a fixed-fee appointment or to find out how we can support you, contact Thornton Jones Solicitors today on 01924 290 029. Our experienced family law team is here to provide clear, practical advice and help you take the next step with confidence, at a pace that feels right for you.
Divorce and Separation FAQs
Yes, financial pressures can make divorce or separation feel overwhelming. Thornton Jones Solicitors suggest that many couples postpone taking action due to concerns about legal fees, housing costs, or changes to benefits. Thornton Jones Solicitors advise that seeking early legal guidance, even if you are not ready to proceed immediately, can help you understand your options and plan effectively for the future.
Thornton Jones Solicitors suggest exploring fixed-fee initial appointments, which provide clear and practical advice without uncertainty over costs. Thornton Jones Solicitors advise that even a brief consultation can help you understand your rights, financial implications, and potential next steps, ensuring you are better prepared to make informed decisions about divorce or separation.
Delaying divorce or separation can increase financial and emotional strain. Thornton Jones Solicitors suggest that postponing action may complicate shared debts, housing arrangements, and child-related decisions. Thornton Jones Solicitors advise that obtaining early legal advice can reduce conflict, clarify your responsibilities, and help you develop a manageable plan for moving forward.
The content of this blog post is for information only and does not constitute formal legal advice and should not be relied upon as advice. Thornton Jones Solicitors Limited accepts no liability for any such reliance upon this content. Where the post includes links to external websites, Thornton Jones Solicitors Limited accepts no responsibility for the content of such sites. Any link to a third-party website should not be construed as endorsement by Thornton Jones Solicitors Limited of any content, products or services which are outside our direct control.
Contact our Divorce Solicitors in Garforth, Leeds
Thornton Jones Solicitors
Westbourne House
99 Lidgett Lane
Garforth
Leeds
LS25 1LJ
Tel: 0113 246 4423
Fax: 0113 831 4929
Email: enquiries@thorntonjones.co.uk
Contact our Divorce Solicitors in Wakefield
Thornton Jones Solicitors
Bank House
1 Burton Street
Wakefield
WF1 2GF
Tel: 01924 290029
Fax: 01924 290240
Email: enquiries@thorntonjones.co.uk
Contact our Divorce Solicitors in Ossett, Wakefield
Thornton Jones Solicitors
25 Bank Street
Ossett
WF5 8PS
Tel: 01924 586466
Fax: 01924 290240
Email: enquiries@thorntonjones.co.uk
Contact our Divorce Solicitors in Sherburn in Elmet, Leeds
Thornton Jones Solicitors
6 Finkle Hill
Sherburn in Elmet
Leeds
LS25 6EA
Tel: 01977 350500
Fax: 0113 831 4929
Email: enquiries@thorntonjones.co.uk
