Prenuptial agreements (often referred to as a “prenup”) are often associated with protecting property, inheritances and family wealth. However, as more people build financial value online, digital assets are becoming an increasingly important part of pre-marriage planning.

What is a prenup?

A prenup is a written agreement made before marriage, setting out how a couple’s finances and assets should be treated if the relationship breaks down.

Getting the agreement right

Although prenups are not automatically legally binding in England and Wales, the courts will often give them significant weight where they have been properly prepared. Since the Supreme Court’s decision in Radmacher v Granatino, the courts of England and Wales have made it clear that for a prenup to be effective, it must be entered into freely by both parties, with full and transparent disclosure and independent legal advice.

The agreement must also be fair in the eyes of the law at the time of signing and at the time of the separation. It is important that both parties understand what is being protected, why it matters, and how the agreement may work in practice if it is ever relied upon.

What counts as a digital asset?

Traditionally, prenups have focused on physical assets such as houses, savings and pensions. But for many couples today, wealth may exist in less obvious forms. This can include cryptocurrency investments, monetised social media accounts, online businesses, websites, domain names, digital products, or intellectual property created and sold online. In some cases, a digital asset may generate a steady income stream. In others, it may increase in value quickly, which can lead to disagreements if separation occurs.

Why digital assets can be difficult in divorce

One of the key challenges with digital assets is that they can be harder to identify and value than traditional assets. Cryptocurrency values fluctuate significantly, online businesses can grow rapidly, and social media accounts may be tied closely to one individual’s personal reputation and work. Income streams that are generated online may not be immediately visible from traditional financial disclosure. Without a clear agreement in place, disputes can arise over what should be shared, what was owned before marriage, and what value should be attributed to the asset at the point of separation.

How a prenup can help

Including digital assets within a prenup can help reduce uncertainty. It allows couples to record what each party owns before marriage, agree how future growth should be treated, and decide whether income generated during the marriage should be considered joint or separate. It can also provide clarity around assets that may not be easily traceable, reducing the risk of misunderstandings later which can be complex and costly.

Final thoughts

Senior Associate, Prabhleen Kundhi has provided her views on this topic:

“As a Senior Associate Solicitor in family law, I have seen first – hand how the financial landscape of relationships has evolved and how important it is to carefully plan ahead. In my view, prenups are no longer the preserve of the ultra-wealthy or celebrity class; they are a practical and forward-thinking tool for any couple seeking clarity, transparency and an element of protection at the outset of their marriage or civil partnership.

As digital wealth becomes more common, it is likely that prenups will increasingly reflect this modern reality. Having the right agreement in place can offer reassurance, protect individual interests, and support open and honest discussions before marriage”.

If you are considering a prenuptial agreement or would like advice on protecting digital assets as part of your wider financial planning, please contact Prabhleen Kundhi on 01494 738065 or email prabhleen.kundhi@blasermills.co.uk.

A silver divorce often follows a long period of reflection. Some people in their fifties, sixties and beyond reach a point where life feels different from how it once was. Children have grown up, careers have changed and priorities naturally shift.

Deciding to separate after many years together can feel overwhelming, but it can also be the start of a more settled and balanced next chapter. Taking calm, informed steps is the best way to protect your wellbeing and your financial security.

Gaining a clear picture of your finances

Later-life separations usually involve assets built up over decades. Understanding what you have, and how it can be structured for the future, is essential. Pensions are often the most valuable part of the financial pot. They may sit in one person’s name, but the law usually treats them as joint assets to be shared fairly. A pension sharing order can help ensure that both people are able to maintain a comfortable standard of living in retirement.

Making decisions about the family home

The home often carries significant emotional weight, alongside its financial value. Some couples prefer to sell and move into separate properties, while others agree that one person stays until a future date or milestone.

The right approach depends on factors such as each person’s needs, affordability and their mortgage capacity. Taking time to explore these options carefully can help reduce stress during the transition.

Maintenance and future needs

Where one partner has reduced earning potential, maintenance may form part of the conversation. Age, health and overall resources are all taken into account. The aim is not to punish either party but to ensure that both can meet their needs and move forward with stability.

Considering adult children and wider family

Although adult children are not usually part of the legal process, separation can still affect the family dynamic. Many parents continue to support children with housing or childcare for grandchildren. These responsibilities rarely feature in court orders, but they are important to consider.

Updating Wills and long-term arrangements

Separation is also a key time to review your Will, lasting powers of attorney and any pension or insurance nominations. Keeping these up to date provides clarity and reassurance for the future.

Most people approaching a silver divorce want a respectful and practical process. Mediation and negotiated agreements can help maintain dignity and reduce conflict. At Blaser Mills, we have two experienced mediators who can support you in reaching clear and constructive solutions. We also offer a ‘separating together’ service where, in appropriate cases, one lawyer advises a separating couple jointly to help them resolve matters. 

With early advice and a clear plan, it becomes much easier to make decisions that support a secure and positive next stage of life.

If you would like to discuss your situation in more detail, please get in touch with Kate Jones, Senior Associate, on 01628 962236 or by email at kate.jones@blasermills.co.uk.

Article 12 of the United Nations Convention on the Rights of the Child makes it very clear that any child capable of forming their own views, should have the right to express those freely in all matters affecting them. This right led to the growing importance of listening to the ‘Voice of the Child’ in family proceedings that involve the arrangements for a child.

The Courts in England and Wales use a welfare checklist to determine decisions such as how much time the children should spend with each parent. The first point on the checklist is the ascertainable wishes and feelings of the child, always considering their age and understanding.

Practice Direction 12B paragraph 4.4 of the Family Procedure Rules PRACTICE DIRECTION 12B – CHILD ARRANGEMENTS PROGRAMME – Justice UK makes it clear that children should be involved, to the extent which is appropriate given their age and their level of understanding, in making the arrangements which affect them.

In court proceedings, the children’s voices are usually heard, often with the assistance of CAFCASS (Child and Family Court Advisory Support Service). However, most families who separate do not engage in court proceedings and the arrangements for the children are resolved by the parents, often with the help of solicitors. In these cases, the voice of the child is often being unheard when arrangements are made.

Following a conference that took place on the 12^th June 2025 to promote children’s voices in family separation, Sir Andrew McFarlane, the President of the Family Division at the time, recognised the importance of consulting with children in all family cases and welcomed an initiative for child inclusive mediation to be used in decisions made out of court. Children’s Voices in Family Separation – Family Solutions Group

This initiative encourages solicitors to use child inclusive mediators to ensure that the children’s voices are heard as is their right and for their views to be fed back to the parents where appropriate. It is a solicitor led process with child inclusive mediators engaged alongside the solicitors. Solicitors are actively encouraged to explain to their clients, the benefits of including the voice of the children involved in a separation.

Child inclusive mediation is a fully confidential process. It gives young people a voice and it gives parents the opportunity to make a more informed decision based on understanding their child’s experience and what matters to them.

Child inclusive mediators can be found by Searching the FMC website. Lucinda Holliday is a Child Inclusive Mediator Lucinda Holliday – Family Mediation Council

Rethinking how family disputes are framed

During Mediation Week, attention often turns to alternatives to court. For many people, however, the real difficulty is not choosing a process but feeling uneasy about the idea of taking sides at all.

When a relationship breaks down, it can feel as though the only way forward is to adopt firm positions and prepare for conflict. Family disputes are frequently framed as one person versus the other, with each expected to defend their own interests. For some, that approach feels unavoidable. For others, it feels emotionally draining and at odds with the outcome they are hoping to achieve.

A neutral process, not a passive one

Mediation offers a different framework. Rather than asking either person to “win”, it provides a structured and neutral space where discussions can take place safely and productively. The focus is not on blame or point scoring, but on identifying the issues that need to be resolved and working towards practical outcomes.

A common misconception is that mediation only works where relationships are amicable. Mediation is often used precisely because communication has broken down and emotions are high. Neutrality does not mean standing back. A mediator actively manages the process, setting boundaries, guiding discussions and ensuring that both parties are heard.

Creating structure when emotions are high

Separation can amplify stress, fear and frustration, making constructive conversations difficult. Mediation is designed to slow discussions down and introduce structure, helping people move forward in a controlled and measured way rather than reacting in the heat of the moment.

This can be particularly important where there is an imbalance in confidence or communication styles. A structured process can help ensure that one voice does not dominate and that discussions remain focused on what needs to be decided.

Keeping children at the centre of discussions

Where children are involved, neutrality takes on an added dimension. Decisions about arrangements and future planning need to prioritise a child’s welfare rather than adult conflict. Mediation allows these conversations to take place in a calm and contained environment, with space to consider what will work in practice and support a child’s longer-term wellbeing.

Addressing financial matters pragmatically

Financial discussions following separation are often emotionally charged. Mediation provides a forum for finances to be discussed openly and constructively, helping both people understand their options and responsibilities without immediately resorting to adversarial positions.

Experienced mediators guiding the process

At Blaser Mills, family mediation is led by experienced practitioners who understand both the emotional and legal realities of separation. Sadie Glover is a qualified family mediator with over 20 years’ experience in family law, supporting clients to reach long-term solutions while aiming to avoid the emotional and financial strain of litigation where possible.

Lucinda Holliday is an accredited mediator in financial, and children matters and has been practicing since 2011. She is also a Child Inclusive Mediator, helping ensure that a child’s voice can be heard appropriately and sensitively within the mediation process.

If you are considering your options during Mediation Week and want a way forward that does not involve choosing sides, mediation may offer a constructive place to start.

If you’d like more information on mediation, including helpful resources and webinars, please see: https://www.familymediationcouncil.org.uk/fmw/

Many parents going through separation assume that the court will always expect children to spend time with both parents, regardless of the circumstances. While English law does begin with a presumption of parental involvement, the way that presumption is applied has become increasingly nuanced in recent years. In addition, a government review published in October 2025 signals a significant shift and is expected to lead to changes to the current legal framework.

What does the presumption actually mean?

Under section 1(2A) of the Children Act 1989, the court starts from the position that a child’s welfare is likely to be furthered by the involvement of each parent in their life. This provision is frequently misunderstood.

Importantly, parental involvement does not mean equal time or shared care. It simply means some form of involvement, which may range from direct time with a parent to indirect contact, such as phone calls, messages or letters.

The child’s welfare always comes first

The presumption of parental involvement is not absolute. It applies only where such involvement does not place the child at risk of suffering harm. The court’s paramount consideration remains the child’s welfare, assessed by reference to the statutory welfare checklist. This includes the child’s needs, wishes and feelings, and any risk of physical or emotional harm.

In practice, courts are increasingly focused on the quality and safety of a parent’s involvement, rather than assuming that involvement is always beneficial. This reflects a broader and more developed understanding of issues such as domestic abuse, coercive control, emotional harm and the impact of high parental conflict on children.

Is there a shift in approach?

Although the law itself has not yet changed, there has been a noticeable shift in how the presumption is applied. Judges are now more willing to scrutinise the evidence carefully and, where appropriate, to limit or refuse parental involvement if it is not genuinely in the child’s best interests.

This can be difficult for parents who believe the presumption gives them an automatic right to contact. The court does not determine cases by reference to parental rights, but by assessing what arrangements best support the child’s safety, stability and emotional wellbeing.

What does this mean for parents?

Every case is decided on its own facts. The presumption of parental involvement may be upheld, adapted or rebutted depending on the individual circumstances. Early legal advice can help parents understand how the court is likely to approach their situation and what evidence may be relevant.

If you have concerns about child arrangements or how parental involvement may be assessed in your case, a family lawyer can help you understand your options and the next steps.

For further information or advice, contact Maryam Abbasi on 01628 962238 or email maryam.abbasi@blasermills.co.uk.

For many couples going through divorce, one of the most emotionally charged questions is not about money or property, but about the family pet. Dogs, cats and other companion animals are often seen as part of the family, providing comfort, routine and emotional support. It can therefore be surprising, and upsetting, to discover how the law in England and Wales currently treats them.

How the law treats pets on divorce

Under the current legal framework, pets are classed as chattels. In simple terms, they are treated as personal possessions, much like furniture or a car. If there is a dispute, the court’s focus is on ownership rather than welfare.

This means the court will look at practical and financial factors such as who bought the pet, whose name appears on veterinary records, who pays for food and insurance, and where the pet lives at the time of separation. The court is not required to consider what arrangement would be best for the animal itself.

There is no equivalent of a child arrangements order for pets. The court cannot order shared care or contact, even where both parties have played an active role in caring for the animal.

Why this can be so difficult

For many people, this approach feels out of step with modern family life. Pets are often deeply loved and form part of daily routines. Arguments about pets can quickly become highly emotive and may increase conflict at an already stressful time.

Disputes about pets can also complicate wider divorce negotiations, making it harder to reach agreement on finances or to move forward constructively.

Can couples agree their own arrangements?

Yes, and in most cases, this is encouraged. Many separating couples can reach sensible agreements about where a pet will live and how responsibility for care and costs will be shared. Mediation and collaborative law can be particularly effective in helping couples resolve these issues in a calm and practical way.

While these agreements are not the same as court orders for children, they can provide clarity and reassurance for both parties.

Should the law change?

There is growing recognition that the law has not kept pace with society’s view of pets. Other countries already allow courts to consider animal welfare when relationships break down.

In England and Wales, reform is actively being discussed. Sadie Glover, Partner and Head of the Family and Divorce team, is a member of The Working Group on Pets in Divorce. The group includes more than 20 family lawyers and barristers, alongside vets and an animal behaviourist, and is focused on changing the law so that pets are treated differently from other chattels, with greater emphasis on their welfare.

Sadie is a staunch advocate for pets, being a devoted dog owner and general animal lover. Of the current legal position concerning pets in divorce in England and Wales, she says “I, and the other members of the Working Group on Pets on Divorce are strongly advocating for a meaningful change in the law when it comes to pets. As a nation of pet lovers, I find it astonishing that we are lagging so far behind other jurisdictions. Australia, New Zealand, much of the USA, Canada, most of Europe and Latin America have already changed their laws so that pets are not considered merely property but have a different status to other property on divorce and separation. Our proposal is to adopt the Australian model which was in turn adopted from British Columbia, Canada”.

Taking advice early

If you are getting divorced and are worried about what will happen to your pet, early legal advice can help you understand your options and reduce the risk of conflict. Clear arrangements agreed at the outset can make a real difference for everyone involved, including your pet.

For further information or advice surrounding pets and divorce, please contact Sadie Glover on 01628 962239 or email sadie.glover@blasermills.co.uk.

If you are involved in a family law dispute about your children, emotions can run high. Parents are often worried about being believed, especially where there are allegations about the other parent’s behaviour. Some consider secretly recording conversations with their child or with the other parent as a way of protecting themselves or gathering evidence.

The Family Justice Council issued guidance on the use of covert recordings in cases involving children. This guidance is important for parents to understand before taking any steps that could affect their case.

What is a covert recording?

A covert recording is a recording made without the knowledge or consent of the person being recorded. In family cases, this can include secretly recording a child, recording handovers, or recording conversations with the other parent.

Parents often say they feel they have no choice, particularly if they believe professionals are not listening or if they are concerned about their child’s welfare.

How do the courts view covert recordings?

The guidance makes it clear that covert recordings are rarely helpful and can be harmful. The family court’s focus is always on what is in the child’s best interests. Secretly recording a child can place them under pressure, undermine trust, and involve them in adult conflict.

Judges may allow covert recordings to be considered as evidence in limited circumstances, but this is not guaranteed. Even where recordings are admitted, the court may be concerned about why they were made and the impact on the child.

Recording children is particularly concerning

The guidance draws a strong distinction between recording adults and recording children. Secretly recording a child is strongly discouraged. It can damage the child emotionally and may affect how the court views the parent who made the recording.

The court may ask whether the child understood they were being recorded, whether they felt encouraged to say certain things, and whether the recording puts them in the middle of a dispute they should be protected from.

Are there safer alternatives?

Yes. If you are worried about your child’s welfare, it is usually better to raise concerns through appropriate channels. This might include speaking to your solicitor, raising issues with Cafcass, (Children and Family Court Advisory and Support Service is an independent body in England that represents children’s interests in family court cases) keeping a factual written record of events, or asking the court to consider professional involvement.

Taking legal advice before recording anything is crucial. What may feel like a protective step can sometimes make matters worse.

Final thoughts

Every case is different, but covert recordings carry real risks. If you are considering recording conversations involving your child, or if recordings already exist, early legal advice can help you understand your options and protect your child’s best interests.

If you are dealing with a children dispute and need clear, practical advice, a specialist family lawyer can guide you through the process.

For further information or advice please contact Naim Qureshi on 01494 781356 or email naim.qureshi@blasermills.co.uk.

Divorce is never easy. It’s a deeply emotional and often painful process but it doesn’t have to be hostile. Each year, Good Divorce Week reminds us that separation can be handled in a way that is fair, constructive, and allows everyone involved to move forward with dignity. A ‘good divorce’ is built on respect, open communication, and a willingness to find common ground.

Start with the right mindset

The way you approach your divorce can significantly influence the outcome. Try to look ahead and concentrate on what will work best now, instead of revisiting what went wrong before. If direct conversations feel too difficult, mediation or letting your solicitor handle the communication can help keep matters on track. Setting a respectful tone early on can prevent minor disagreements from escalating into major disputes later.

Think about the bigger picture

Divorce often brings feelings of grief, confusion, and loss, making it hard to see beyond the immediate pain. Acknowledging those emotions is essential, they are a natural and valid part of the process. At the same time, gently turning your focus toward the future can help you regain balance.

Ask yourself where you hope to be in six months or a year, and what arrangements will best support healing and stability for you and your family. Keeping that broader perspective allows you to make decisions that honour both your emotions and your long-term wellbeing.

Prioritise the children

For parents, the most important goal is to protect children from conflict. They need reassurance, stability, and the continued love of both parents. Try to agree on what you will tell them about the separation and how you will handle joint decisions in the future. Children cope far better when their parents communicate respectfully and present a united front.

Get early professional advice

Seeking legal advice early on can make a real difference. A good family lawyer will not heighten conflict but will instead help you understand your rights, explore your options, and guide you toward a fair and sustainable outcome.

Explore alternatives to court

Not every divorce needs to go through the courts. Mediation can offer a calmer, more cost-effective way to agree on finances or child arrangements. At Blaser Mills, we have two trained mediators who help couples work through difficult issues and reach practical, balanced agreements. Even if some matters ultimately require a court decision, mediation can reduce conflict, time, and expense.

Be open, honest and realistic

A fair settlement depends on transparency. Hiding assets or delaying disclosure only prolongs the process and increases costs. Focus instead on what each of you needs to move forward and begin the next chapter of your lives with fairness and integrity.

Look after yourself

Divorce can be emotionally exhausting. Make space for rest, connection, and self-care, whether through friends, family, or professional support. Taking care of your wellbeing helps you think clearly and make thoughtful decisions for yourself and those who depend on you.

A good divorce is about how you handle it

A ‘good divorce’ doesn’t mean it’s painless, or that you stop caring. It means you’ve chosen to navigate a difficult transition with maturity, empathy, and respect. With the right mindset, advice, and support, it’s possible to separate well and to move forward toward the next stage of life on steadier ground.

For further information or advice please get in touch Maryam Abbasi on 01628 962238 or email maryam.abbasi@blasermills.co.uk.

For many families, Christmas is a time of excitement and tradition. But for separated parents, it can also be emotional and sometimes difficult, especially when deciding where the children will spend the holidays. The best way to avoid conflict is to plan early, keep communication calm, and focus on what really matters which is making Christmas happy for the children.

Start the conversation early

The best way to prevent a last-minute argument is to talk about arrangements well before December. This gives everyone time to think things through and avoids rushed decisions when emotions are high. Many families choose to alternate Christmas each year or divide the time, such as one parent having Christmas Eve and Christmas morning, and the other having Boxing Day. Every family is different. What matters most is finding an arrangement that feels right for the children and manageable for both parents.

Keep the focus on the children

Children notice when things feel tense, even during happy times. They do best when parents work together and make plans that let them enjoy Christmas with both families. It helps to think about where they will feel relaxed, secure and able to have fun. Even small compromises, like sharing a few hours on Christmas morning or arranging a video call, can make a big difference.

Use mediation if needed

If discussions become difficult, mediation can help. At Blaser Mills we have two trained mediators who can provide a neutral space to talk things through and reach an agreement that works for everyone. Mediation is often faster, less stressful and far cheaper than going to court. Solicitors can also help parents negotiate calmly and record what’s been agreed in writing, giving clarity for the future.

Avoid leaving it too late

If you do need a court order to settle arrangements, it’s important to act early. The family courts see a surge in applications leading up to Christmas, and deadlines for festive hearings are usually set in the autumn. Leaving things until December often means there’s no time for a decision before the holidays. Taking early advice can help you understand your options and reduce uncertainty.

Keep communication kind

When emotions are high, it’s easy to let frustration spill into messages or handovers. Keeping communication polite and focused on practical details helps avoid unnecessary tension. Using apps or written calendars can also make planning simpler and reduce misunderstandings.

Christmas doesn’t have to be a battleground. With early planning, open communication and a willingness to compromise, most parents can find arrangements that work.

At Blaser Mills, our Family Law team supports parents in finding calm, practical solutions to child arrangements. To speak to our team, get in touch with Sadie Glover on 01628 962239 or email sadie.glover@blasermills.co.uk.

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 with married couples where the position is different.

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 childcare) 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. If there are no children involved, 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.