The recent Supreme Court decision in Standish v Standish has provided welcome clarity on how the courts distinguish between matrimonial and non-matrimonial property on divorce. This distinction is often central to financial proceedings, particularly where one spouse enters the marriage with significant wealth or receives assets by inheritance or gift. The judgment sets out five key principles.

1. The distinction between matrimonial and non-matrimonial property

Matrimonial property is built up during the marriage through the couple’s joint efforts. Non-matrimonial property usually refers to assets owned before the marriage, or those received through inheritance or gift.

2. The sharing principle only applies to matrimonial property

The court’s starting point of equal sharing does not extend to non-matrimonial assets.

3. Matrimonial property should normally be shared equally

Although there can be reasons to depart from equality, fairness requires an equal division of assets generated by the marriage.

4. Non-matrimonial property can become matrimonial

This process, called “matrimonialisation”, happens when a couple’s conduct shows they have treated an asset as shared over time.

5. Tax planning does not usually mean sharing

Where an asset is transferred between spouses purely to save tax, this does not normally amount to matrimonialisation. The intention is tax efficiency, not joint ownership.

Conclusion

The principles in Standish v Standish underline the importance of understanding how the courts treat different types of property. For separating couples, the case confirms that wealth created during the marriage will normally be shared equally, while inherited or pre-marital assets are more likely to remain separate unless clearly treated as shared.

For further information or advice, please contact Naim Qureshi, Senior Associate in the family and divorce team on 01494 781356  or email naim.qureshi@blasermills.co.uk.

Family separation can be difficult for everyone involved, especially children. In some families, children may become reluctant or refuse to see one of their parents. Sometimes this is based on their own experiences or feelings. In other cases, a parent may influence the child, consciously or unconsciously, by speaking negatively about the other parent or making them feel guilty for wanting a relationship with them. This is known as alienating behaviour.

The Family Justice Council (FJC) has recently published guidance to help courts and professionals respond to cases where alienation is alleged. Its focus is on ensuring that decisions are made carefully and with the child’s welfare at the centre.

What is alienating behaviour?

Alienating behaviour can take many forms. It may include criticising the other parent in front of the child, restricting or controlling contact, or pressuring the child to take sides. These actions can damage the child’s ability to have a healthy relationship with both parents.

It is important to remember, however, that not all situations where a child resists contact involve alienation. A child may have valid reasons for not wanting to see a parent, such as exposure to conflict, poor parenting, or even direct harm. The court’s role is to look behind the behaviour and understand the reasons.

How do the courts approach these cases?

The new FJC guidance stresses the need for careful assessment. Judges should avoid applying labels too quickly. Instead, they must look at the evidence, hear the child’s voice, and consider the wider context of the family.

Courts may look at:

• The child’s wishes and feelings, depending on their age and maturity.
• The history of the parents’ relationship and any past concerns.
• Evidence of abuse, neglect, or other safeguarding risks.
• Professional assessments from social workers or psychologists.

There is no fixed test for alienation. Each case is different, and the welfare of the child remains the guiding principle.

Balancing rights and responsibilities

Allegations of alienation can be distressing for both parents. A parent who feels excluded from their child’s life may feel frustrated and powerless. The parent accused of alienation may feel unfairly blamed. The FJC reminds us that the court’s task is not to punish parents but to protect the child and support safe, positive family relationships.

Solutions can include therapeutic support, parenting programmes, or carefully managed contact arrangements, depending on the needs of the child.

Advice for parents

If you are experiencing difficulties around contact, there are steps you can take:

• Keep children out of adult disputes wherever possible.
• Encourage your child to feel free to spend time with both parents.
• Seek advice early if you are worried about resistance or conflict.
• Keep clear records of arrangements and communications.

A sensitive and evolving area

Alienating behaviour is complex, and every case is unique. What matters most is that children are not caught in the middle of disputes and that their wellbeing comes first.

Our family team can advise you if you are concerned about contact, resistance, or allegations of alienation. We provide clear and practical guidance tailored to your circumstances. Please contact us if you would like to discuss your situation in confidence.

For further information or advice, please contact Naim Qureshi, Senior Associate in the family and divorce team on 01494 781356  or email naim.qureshi@blasermills.co.uk.

When families separate, it’s not always possible to agree on every aspect of a child’s care. If discussions break down, a family court hearing may be needed to help resolve matters fairly, with a particular focus on what is best for the child.

But what exactly is a family court hearing in private children proceedings and when might you need one?

What do family courts handle in private children cases?

Private children law cases typically arise between individuals, most commonly separated parents, who cannot agree on important issues regarding their children. These may include:

• Child arrangements: Deciding where a child will live and how much time they will spend with each parent or other family members, such as grandparents.

• Parental responsibility: Determining who has legal rights and responsibilities for the child, and how decisions about their upbringing will be made.

• Prohibited steps orders: Preventing a parent or individual from taking certain actions, such as removing the child from school or taking them abroad without consent.

• Specific issue orders: Asking the court to decide on a particular matter, such as which school the child should attend or what surname they should use.

In all private law cases, the court’s overriding priority is the child’s welfare. To determine what is in the child’s best interests, the court applies the welfare checklist as set out in the Children Act 1989.

When might a court hearing be needed?

A court hearing is usually a last resort. The court expects parties to attempt to reach an agreement through alternative means first, such as private discussion, mediation, or negotiations through solicitors.

However, a court hearing may become necessary:

• After an application is made: Usually by a parent, grandparent, or another person with a close connection to the child.

• If agreement can’t be reached: Even with legal support or mediation.

• Where there are safeguarding concerns: The court may prioritise a case if there are allegations of abuse, neglect, or risk of harm to the child.

• As part of the court process: Including a First Hearing Dispute Resolution Appointment (FHDRA), potential fact-finding hearings, and a final hearing if needed.

What happens in court proceedings?

Private children proceedings usually involve up to three hearings, each aimed at encouraging agreement where possible and determining what is in the child’s best interests. Where there are allegations of harm or abuse, an additional hearing may be necessary.

FHDRA – First hearing dispute resolution appointment

This is a preliminary hearing, not a trial. At this stage:

• A CAFCASS officer may attend to provide input on any welfare or safeguarding concerns.
• The judge or legal adviser will encourage both parties to reach an agreement, where possible.
• If the issues are straightforward, an agreement may be approved by the court the same day.
• If there are allegations of abuse or safeguarding concerns, the court may direct a fact-finding hearing to investigate further.
• The court will determine next steps such to address the issues, such as witness statements, expert reports or requiring the parties to attend parenting programmes through CAFCASS

Fact-finding hearing (if required)

If serious allegations (such as domestic abuse or risk of harm) are raised, the court may hold a fact-finding hearing. At this hearing:

• Both parties give evidence and may be cross-examined.
• The judge will decide whether the alleged incidents occurred, based on the balance of probabilities.
• These findings will then guide how the case proceeds, particularly in relation to safeguarding and contact arrangements.

DRA – Dispute resolution appointment

If no fact-finding hearing is needed, or once findings have been made, the next hearing is usually the DRA. At this hearing:

• The judge will assess the evidence and any reports (e.g. from CAFCASS).
• The aim is to narrow the issues and encourage the parties to settle.
• If agreement is reached, a final order can be made.
• If not, the case is prepared for a final hearing.

Final hearing

If an agreement is still not reached, the case proceeds to a final hearing. Here:

• Both parties give evidence under oath.
• The judge considers the child’s best interests, using the Children Act welfare checklist.
• A final, legally binding decision is made and recorded in a court order.

Common terms you may hear in private children cases

Child arrangements order: Specifies who the child will live with and how much time they will spend with each parent or other relatives.

Prohibited steps order: Prevents a parent from taking certain actions concerning the child without court permission.

Specific issue order: Used when parents cannot agree on a specific issue, such as education or religion.

CAFCASS (Children and Family Court Advisory and Support Service): An independent body that advises the court on what is best for the child. They may speak with the child and family members and provide a report with recommendations.

Safeguarding letter: a short report produced by CAFCASS setting out details of initial safeguarding checks. This includes reviewing any prior police and social services involvement and speaking to the parties to understand their position and concerns.

Section 7 report: This is a more formal assessment carried out by CAFCASS to determine what is in the child’s best interest and welfare. It is aimed to further the child’s wishes and feelings whilst identifying their needs and any potential risks.

We’re here help

If you’re facing difficulties agreeing arrangements for your child, we can help guide you through the family court process and explore ways to resolve the matter, always with the child’s welfare as the central focus.

For further information or advice, please contact Maryam Abbasi on 01494 781359 or email maryam.abbasi@blasermills.co.uk.

As parents find new partners after separation, step or blended families are created. Summer holidays can be a time of joy and relaxation, but for blended families, they can also come with added layers of complexity. Whether it’s managing different parenting styles, co-parenting arrangements, or expectations from extended family members, planning a summer that works for everyone can be tricky to manage.

As a family lawyer, I often see how important good communication and clear planning are in helping blended families enjoy the summer break. Here are a few things to consider.

1. Plan ahead

Trying to organise time away at the last minute rarely works well when there are multiple households involved. Ideally, holiday arrangements should be discussed and agreed months in advance, giving each parent time to arrange their holidays with the children and reducing stress.

2. Communicate with the other parent(s)

If you’re co-parenting with an ex-partner, keeping them informed about plans, travel details and general updates can help build trust and avoid misunderstandings. Ensure your agreement is set out in an email, especially if arrangements have been tricky in the past.

3. Inform the children once you have agreed the plans with your co-parent

Children look forward to holidays just as much as us. They often feel more secure when they know what to expect, how long they will be away, where they are going and when they will be coming back to spend time with the other parent. But, don’t share the plans until all the details are agreed.

4. Look after your mental wellbeing

It’s easy for emotions to surface during holiday planning, especially with the added dynamic of extended families.  Parents often feel pressure for everyone to have the best time on holiday but it’s rarely possible to please everyone all the time. Recognise what you need in the holidays as well as the children’s needs. If you need to reduce stress, carve out some time to go for a walk in nature, a bike ride or yoga session.

5. Don’t be afraid to seek support

If holiday arrangements become a source of conflict, legal advice can help clarify rights and responsibilities. Our lawyers can help you to navigate through disagreements and reach a resolution.

6. Mediation

If holiday plans become a source of conflict, legal advice or mediation can help.

At Blaser Mills, Sadie Glover and Lucinda Holliday are experienced family mediators who support separating families in resolving both financial and children matters without the stress of going to court.

Lucinda is Law Society accredited and offers child-inclusive mediation. Sadie brings over 20 years’ experience in family law, with a focus on practical, long-term solutions.

For further information or advice please get in touch with Kate Jones, a Senior Associate, experienced in complex children law matters, on 01494 478684 or email kate.jones@blasermills.co.uk.

Mediation is becoming an increasingly popular choice for families going through separation or divorce, especially for those looking to resolve matters more privately and amicably.

Partner and Head of Family & Divorce, Sadie Glover, outlines some of the common myths, and what you should and should not expect from the mediation process.

Myth 1: Mediation is only for couples who get along

In reality, many couples choose mediation because communication has broken down. The mediator is trained to manage difficult conversations and help both parties find a way forward, even where there is conflict.

Myth 2: Mediation leads to a legally binding agreement

It’s important to understand that agreements reached in mediation are not legally binding. Your solicitor will help you review any proposals and can formalise them into a consent order, making the outcome enforceable by the court.

Myth 3: Mediation is unsuitable when finances are complex

High-net-worth families often have complex assets, such as property, businesses and trusts. A good mediator will work alongside your solicitor and other advisers to help make sure everything is properly shared and understood.

Myth 4: Mediation will make me compromise too much

A good mediator will not pressure you into agreeing to something you’re uncomfortable with. The process is designed to give both parties a voice and promote fair outcomes. You remain in control and can take legal advice at any stage.

Myth 5: Mediation is just a ‘tick box’ before going to court

While mediation is a required first step before applying to court (unless exemptions apply), many families find it genuinely effective, saving time, cost, and stress, and allowing them to retain more control over their future arrangements.

Mediation can offer real advantages, particularly for clients who value privacy, discretion and flexibility. With the right legal support alongside, it can help resolve issues in a way that feels fair and dignified for everyone involved.

To discuss whether mediation is right for you, please contact Sadie Glover, Partner and Head of Family & Divorce on 01494 411189, or email enquiries@blasermills.co.uk.

The first summer holiday after a separation can feel daunting. For many newly separated parents, the thought of managing childcare, travel, and time off work, all while navigating a new co-parenting dynamic, can be overwhelming.

With some early planning and clear arrangements, the summer holidays can run more smoothly for everyone involved.

Plan ahead

Try to agree on the summer schedule with your co-parent as far in advance as possible. Consider travel dates, video calls with the co-parent, and handover arrangements. The earlier you agree, the more settled you and your children will feel.

Put the children first

The family courts in England and Wales are guided by what’s in the best interests of the child, and that should be your guiding principle too. Children thrive with consistency and time with both parents, so try to approach discussions with fairness and flexibility.

Confirm arrangements in writing

Whether it’s a quick email or a message, putting holiday plans in writing helps prevent misunderstandings. If you have a Child Arrangements Order in place, make sure the plans align with the order, and don’t make changes without written agreement.

Going abroad? Get consent

If your co-parent has parental responsibility, you must have their written permission to take your child abroad unless you have a court order stipulating those arrangements, or the child lives with you under a ‘live with’ order. Include travel dates, destination, and contact details in your request and make sure to carry that permission with you when you travel.

Keep communication child-focused

It’s not always easy but try to keep conversations calm and centred on the children. If direct communication is difficult, parenting apps such as Our Family Wizard can help coordinate plans more neutrally. Never use your children as messengers.

Consider mediation if needed

If you can’t agree on arrangements, mediation can offer a constructive space to find solutions together. It’s usually quicker, less costly, and less stressful than court.

Look after yourself too

This is a period of adjustment. Be kind to yourself and seek support where needed, whether from friends, family, or professionals.

Need support this summer?

Our experienced family team helps separated parents reach clear, child-focused solutions. Whether you need advice on holiday arrangements, court orders, or international travel, we can help to guide you.

To speak to Kate Jones, Senior Associate, call 01494 478684 or email kate.jones@blasermills.co.uk.

As wedding season approaches, many couples are considering their next steps. Whether planning a wedding or living together, it’s crucial to understand the legal differences between marriage and cohabitation.

Cohabitation

Cohabitation, or living together without marriage, is becoming more common, allowing couples to share a life without the formal commitment of marriage. However, it offers fewer legal protections.

In the UK, there is no ‘common law marriage’, meaning living together doesn’t grant the same rights as marriage. If a cohabiting couple separates, neither party automatically has rights to property or assets unless specified in an agreement, such as a cohabitation contract. Disputes over property can be complicated and may require legal help.

Cohabiting couples also lack automatic inheritance rights. If one partner dies without a Will, the other may not inherit anything, unlike married couples who automatically inherit each other’s estates.

Marriage

Marriage, on the other hand, offers a higher level of legal protection and clarity, especially when it comes to separation or divorce. Married couples in the UK are granted a range of legal rights that cohabiting couples do not have, including shared ownership of property, pension rights, and access to joint benefits.

When a married couple separates, both parties have the right to seek a fair division of assets and property. In the case of divorce, the courts consider the contributions of both parties, including financial and non-financial contributions (such as child care) to ensure a just distribution of assets. Spousal maintenance may also be awarded, particularly if one spouse has been financially dependent on the other.

Marriage also provides protection if one partner becomes ill or passes away. Married couples automatically inherit each other’s property (in the absence of a will), and spouses can make medical decisions for one another if one is unable to do so. These rights do not automatically apply to couples who are just living together.

What’s best for you?

The decision of whether to live together unmarried or to marry ultimately depends on your personal circumstances and preferences. For some couples, the idea of marriage offers peace of mind and legal security, especially if children are involved or if there are significant shared assets. For others, living together without marriage feels more suitable, especially if both parties are financially independent and prefer a more flexible arrangement.

However, it’s crucial for couples living together to be aware of the limitations of cohabitation and consider putting agreements in place to protect their interests. For example, a cohabitation agreement and/or declaration of trust can clarify property ownership, finances, and other arrangements in case of separation, ensuring both parties are on the same page.

For married couples, a post-nuptial agreement or a pre nuptial agreement for couples contemplating marriage can also be an option to address similar concerns, offering clarity on financial matters and asset division if the relationship faces difficulties.

Contact us

If you’re uncertain about your options, it may be worth exploring a cohabitation agreement, pre-nup, or post-nup to help protect your future together. Get in touch with Maryam today on 01494 781359 or email maryam.abbasi@blasermills.co.uk.

The 2024 changes to the Family Procedure Rules (FDR) mean clients are now encouraged to explore alternative dispute resolution methods, with family law practitioners providing guidance on the best options available. Mediation, arbitration, private FDRs, and collaborative law provide quicker, more affordable, and less confrontational ways to resolve disputes without going to court.

Cost-effectiveness

Going to court can be costly, with legal fees adding up over time. Filing documents, attending hearings, and hiring experts all increase expenses. In contrast, NCDR options are usually faster and more affordable. Private FDRs, for example, offer an early case review at a much lower cost than a full court trial.

To encourage mediation, the Family Mediation Voucher Scheme has been extended until 2026, offering up to £500 per case for children-related disputes. This financial support aims to make mediation more accessible and reduce court reliance.

Speed and efficiency

The court system remains under strain, causing long delays in financial and children-related cases. NCDR offers much faster solutions. Mediation can happen within weeks, while arbitration and private FDRs let people set their own hearing dates instead of waiting for a court slot. In financial cases, avoiding delays can help prevent unnecessary stress and hardship.

Greater control and flexibility

NCDR gives people more control over their outcomes instead of leaving the decision to a judge. Mediation and collaborative law help create solutions that fit their needs, while arbitration lets them choose an expert to decide their case. In court, decisions follow strict rules, leaving little room for flexibility.

Reduced emotional strain

Going to court can feel like a battle, often making conflicts worse instead of solving them, especially when children are involved. Mediation and collaborative law help people communicate better, keeping relationships intact and reducing stress. Plus, NCDR takes place in a more relaxed setting, making it far less intimidating than a courtroom.

The need for legal advice

While NCDR offers many benefits, legal advice remains essential. Mediators and arbitrators do not provide legal representation, so parties should obtain independent legal advice to understand their rights and obligations. A solicitors can ensure that settlements are fair, legally sound, and enforceable if necessary.

Confidentiality and privacy

With increasing court transparency, many clients value the confidentiality of NCDR. Arbitration and mediation allow disputes to be resolved privately, without personal matters becoming public.

NCDR offers significant advantages over court proceedings, including lower costs, faster resolutions, greater flexibility, and reduced emotional strain. With the Family Mediation Voucher Scheme extended to 2026 and new court rules encouraging engagement with NCDR, it is more important than ever for family law practitioners to guide clients towards these alternatives while ensuring they receive appropriate legal advice.

To speak to our family and divorce team about exploring NCDR or mediation please get in touch with Naim Qureshi on 01494 781356 or email naim.qureshi@blasermills.co.uk.

Divorce can be one of life’s most challenging experiences, but approaching it with the right mindset and knowledge can make a significant difference.

Kate Jones, Senior Associate in the Family and divorce team, shares her top tips to help navigate this difficult journey:

1. Choose the right legal representation

Selecting the right lawyer is crucial. Look for someone experienced in family law, empathetic, and willing to explore alternative dispute resolutions, like mediation, before heading to court.

2. Understand your finances

Get a clear picture of your assets, liabilities, income, and expenses. This includes bank accounts, property, pensions, and debts. Knowledge is power, and having accurate financial information before your first meeting with a lawyer will allow them to provide detailed advice and will streamline negotiations.

3. Put children first

If children are involved, their welfare should be the priority. Avoid placing them in the middle of disputes. A lawyer or mediator can help you to agree the arrangements with your spouse, for example how often the children will live with each parent.  Once these arrangements have been agreed it is important to present as a united front. Maintain open communication about what changes they can expect and consider a parenting plan to ensure their needs are met.

4. Communicate respectfully

It’s tempting to vent frustrations, but maintaining respectful communication can prevent conflict from escalating. Keep emotions in check when discussing arrangements, especially in writing, as emails and messages may be used in court.

5. Avoid social media pitfalls

Be cautious about what you share online. Posts about your personal life, financial situation, or frustrations with your ex-partner can be used against you in court. A good rule: if in doubt, don’t post it.

6. Think long term

Avoid focusing solely on short-term victories. Prioritise settlements that support your financial stability, future living arrangements, and relationship with your children. Emotional decisions often lead to regrets later.

7. Consider mediation

Court battles can be emotionally and financially draining. Mediation can provide you with the opportunity to reach an agreement amicably, often at a fraction of the cost and time of litigation. Lucinda Holliday, Partner at Blaser Mills Law, is an experienced mediator and can offer child inclusive mediation where necessary.

8. Plan for life post divorce

Begin to visualise your new chapter. Set realistic goals for housing, career, and personal well-being. Consider seeking support from a therapist or counsellor to process your emotions and plan your next steps.

Every divorce is unique, and the process can be complex. By staying informed, focused, and proactive, you can achieve a resolution that supports your long-term well-being. The right guidance and approach will help you navigate this transition with resilience and confidence.

For a confidential chat please get in touch with Kate Jones on 01494 478684 or email kate.jones@blasermills.co.uk.