Family Law.

No — a mediator is neutral and cannot advise either party. Their role is to facilitate discussion and help the parties reach their own decisions, not to tell either person what they should agree to or what their legal rights are. This is why having your own solicitor alongside mediation is important: you should take legal advice before mediation begins so you understand your position, during the process if questions arise, and before signing any agreement at the end. Mediation and legal advice are complementary, not alternatives. Going into mediation without understanding your legal rights puts you at a disadvantage — particularly where the other party does have legal advice.

In some cases yes — and the choice of jurisdiction can have a profound effect on the financial outcome. England and Wales is widely regarded as one of the most financially generous jurisdictions in the world for the financially weaker spouse, with courts taking a broad approach to asset division and spousal maintenance. Other countries apply very different rules — some favour equal division of assets acquired during the marriage only, others apply strict matrimonial property regimes. Whichever court issues the divorce decree first will generally have jurisdiction over the financial settlement. If you have connections to more than one country, taking legal advice quickly — before your spouse files elsewhere — can be critical.

Yes — the rules changed materially from 31 December 2020. Before Brexit, EU regulations (Brussels IIa) governed jurisdiction and the mutual recognition of divorce judgments between EU member states. Those regulations no longer apply to the UK. This means that where a divorce involves both the UK and an EU country, jurisdiction is now determined by each country's domestic rules rather than a shared EU framework. In practice this increases the risk of parallel proceedings in two countries and makes it more important to establish jurisdiction in the preferred country quickly. Recognition of English divorces in EU countries — and vice versa — must now be assessed under each country's national law.

Yes — without a court order, financial claims between former spouses do not expire on divorce. A former spouse can bring a financial claim against you many years after the divorce, including against assets you have built up since the marriage ended. There are well-known cases of claims being brought decades later. The only reliable way to end financial claims permanently is through a court order — either a consent order if you agree, or a financial remedy order imposed by the court. This is why obtaining a financial order at the time of divorce, even where finances are modest, is strongly advisable.

The minimum is 26 weeks (around six months) from application to final order. The law requires a mandatory 20-week reflection period after you apply, followed by a further six-week wait between the conditional order and the final order. In practice, many divorces take longer — court processing times fluctuate, and if you are negotiating a financial settlement or child arrangements at the same time, those conversations often extend the overall timeline. A contested financial settlement can take considerably longer than the divorce itself.

The court fee for a divorce application in England and Wales is currently £612, though court fees are set by the government and can change. If you instruct a solicitor, legal costs are additional — we charge by the hour and provide a written cost estimate at the outset. The overall cost depends heavily on how straightforward or contested matters are: an amicable split where finances are already agreed costs significantly less than one involving court proceedings. Help with the court fee may be available if you are on a low income — ask us or check the fee remission scheme on gov.uk.

Permanent relocation abroad with children requires either the written consent of everyone with parental responsibility or a court order permitting the move — known as a leave to remove order. Without one of these, taking a child abroad permanently is a criminal offence under the Child Abduction Act 1984. If your former partner will not consent, you must apply to the family court. The court will weigh your reasons for wishing to relocate, the impact on the child's relationship with the remaining parent, the child's own wishes, and what arrangements for contact could realistically be maintained if the move is permitted. These cases are among the most difficult and emotionally charged in family law — early legal advice is essential.

No — a postnuptial agreement can achieve the same outcome as a prenuptial agreement for couples who are already married. Courts treat postnuptial agreements in broadly the same way as prenuptial ones, applying the same requirements around independent legal advice, financial disclosure, and fairness. A postnuptial agreement is particularly worth considering if circumstances have changed since the wedding — for example, if one spouse has inherited significant assets, started a successful business, or if the couple simply did not get round to a prenup before the wedding. It is never too late to clarify financial intentions, provided both parties are willing to engage.