When a judge says a husband “got away with blue murder”

Hiding assets in divorce – what the courts can and cannot do, and what you can do now

‘The case is a depressing example of non-disclosure paying off. I cannot help thinking that the husband has got away with blue murder.’

Those are not the words of a frustrated spouse. They are the words of Sir Nicholas Mostyn, a retired judge in the Family Division of the High Court, commenting on the recent case of MK v SK [2026]. They are worth sitting with.

Asset concealment is not a niche problem. It happens in big-money divorces and in ordinary ones. The mechanics are broadly the same. What varies is the scale and the cost of pursuing it.

The Young case: a cautionary tale

The best-known illustration of how badly this can go is the case of Scott and Michelle Young. Michelle’s divorce proceedings lasted eight years and involved more than 70 court hearings. She alleged Scott had assets of £400 million.

In January 2013, Michelle applied to have him imprisoned for failing to disclose his finances. Scott was sentenced to six months for contempt of court but he still didn’t pay.

None of the alleged £400 million was ever located and to make matters worse Michelle’s lawyers then sued her for £11.2 million in unpaid fees. In 2014, Scott fell to his death from a window of his London flat.

The lesson is a difficult one. Even a finding of contempt, even imprisonment, does not guarantee that a spouse will disclose. Enforcement through the English courts when assets are held overseas is a separate legal process, often in a separate jurisdiction, often at significant further cost.

Why concealment has become easier

Easy access to overseas trusts and opaque international jurisdictions has made hiding assets more straightforward. Identifying them now routinely involves forensic accountants, private investigators and lawyers – sometimes in multiple countries.
Finding the assets is one challenge. Recovering them is another.

This is not a reason to give up. It is a reason to think ahead.

What you can do to protect your position

The following steps are not foolproof, but they give you a better starting point than most people have. None of them require you to do anything improper.

• Take an active interest in the family finances. If your spouse uses a financial adviser or accountant, where possible be present at those meetings.

• Make a note of significant assets when they arise – bonuses, inheritances, the purchase or sale of property, pension statements, bank accounts, or valuables such as art, jewellery, collections or vehicles.

• If relevant paperwork is left accessible – tax returns in particular (as they list income
  from all sources) – photograph it. Do not access locked drawers, password-protected accounts or devices to which you have not been given access. Improperly obtained evidence can damage your position in proceedings.

• Watch for signs of asset transfer to friends or family members who may be asked to hold assets temporarily until proceedings are resolved.

• Be alert to other common tactics: deliberate overpayment of tax to reduce visible assets (with a refund due later), delayed bonuses, large unexplained cash withdrawals, cryptocurrency purchases, or deliberate undervaluation of assets.

• If you have reason to believe assets are about to be moved, take legal advice urgently about obtaining a freezing order. If divorce is a real prospect, starting proceedings promptly – before assets disappear – can matter.

About Divorce Solutions

We are a team of five experienced lawyers working as divorce consultants rather than as solicitors. The distinction matters. We help people understand the process, identify risks early, avoid expensive mistakes, and – where possible – find solutions that reduce conflict and cost. We do not conduct litigation, but we work alongside those who do.

If this newsletter is relevant to your situation, or if you
know someone who is navigating a difficult divorce and wants to understand their options, please feel free to get in touch. We do not charge for an initial conversation.

What Happens to the Family Pet during a Divorce?

When relationships break down, decisions about property and finances are difficult enough. But what happens when the asset in question is the family dog, or the cat who has slept on the children’s beds for years? For many families, this is not a minor issue. It is deeply emotional.

From Pre-Nups to “Pet-Nups”

Most people have heard of pre-nuptial agreements. These are designed to set out how assets will be treated in the event of divorce.

Now, a growing development is to include provisions for pets or in some cases to have a separate agreement dealing specifically with pets. These agreements are often referred to informally as “pet-nups”.

In England and Wales, pets are classified as “chattels” under property law. That means they are treated in the same legal category as furniture, jewellery, or vehicles. The Family Court does not apply a welfare test to pets in the way it does for children.

Instead, if there is no agreement in place, the court will usually look at:

• Who purchased the pet

• Whose name appears on registration documents or microchip records

• Who has been responsible for paying veterinary bills and ongoing costs

• Who can evidence primary care

In most cases, the court will avoid making detailed “custody-style” arrangements. The pet will usually be awarded to one party as part of the overall financial settlement. This can come as a surprise to separating couples who understandably see their pet as part of the family.

Why Planning Matters From Pre-Nups to “Pet-Nups ”

Pre-nuptial agreements are now given significant weight by the courts following the Supreme Court decision in Radmacher v Granatino [2010], provided certain safeguards are met. These include:

• Full financial disclosure

• Independent legal advice

• No undue pressure

• Terms that are fair

As mentioned, couples are increasingly choosing to extend these pre-nups to include provisions for pets or in some cases to have a separate pet agreement. These informal “pet-nups” can set out:

• Where the pet will live

• Whether there will be shared arrangements

• Who will pay day-to-day costs

• How veterinary and insurance expenses will be managed

Clarity at an early stage can lower conflict and help protect what matters most, including the wellbeing of the pet itself.

How We Help

We are a team of five experienced lawyers working as divorce consultants rather than traditional solicitors. Our role is to help individuals navigate the legal maze, avoid costly missteps, and wherever possible lower the temperature of disputes.

We focus on practical, commercially sensible outcomes that preserve dignity and minimise unnecessary expense. If you or someone you know would benefit from a conversation, we offer an initial consultation at no charge. Thank you for being part of this community. Together, we’re making divorce less daunting, one solution at a time.

Divorce – where do you start with sorting out a financial settlement?

Going through a divorce can feel overwhelming – emotionally, financially, and practically. One of the first (and often most daunting) steps is making financial disclosure. But what does that really involve?

The foundation of any financial settlement: disclosure

No matter which divorce route you take – and my upcoming book Divorce Solutions outlines ten different options – the starting point is always the same: full and frank disclosure of all assets and liabilities, globally.

This is usually done using a document called Form E, which prompts both parties to share details of their financial situation. Take a look here: View Form E (Gov.uk)

Why form E feels overwhelming

Form E runs to around 30 pages, requiring details of everything from bank accounts and investments to pensions, debts and property details.

You’ll also need to gather supporting documents, such as:

• 12 months of bank and credit card statements

• Property valuations

• Mortgage and pension statements

It’s a thorough process – and at a time of emotional upheaval and uncertainty, facing this paperwork can just feel too much.

Whilst it’s a requirement of the process, completing the form is actually an administrative task, not a legal one – and that’s an important distinction.

Tips to make it easier (and save on legal costs)

You don’t have to pay a solicitor to help you with the form-filling.

If your financial affairs are straightforward, you could complete it yourself, perhaps with support from someone experienced in numbers and documentation.

Once done, your lawyer can review it to make sure everything’s presented correctly, especially in complex cases where assets may overlap or be easily double-counted.

What happens next?

Once both parties have completed their Form E, their Forms are exchanged. From there:

• Questions can be raised about anything disclosed or suspected of not having been disclosed

• Clarification of expenditure may be required, and any disagreements (for example over valuations) will need to be resolved

• In some cases, the family court may step in to enforce disclosure

Importantly, progress towards a settlement can only be made once both sides are satisfied with the information provided. Delays or dishonesty at this stage can cost time and money.

The financial disclosure process is a critical step in any divorce. Understanding what’s involved, puts you in control, reduces stress, and often saves money.

Coming soon:

Divorce Solutions – your guide to navigating the divorce process clearly and confidently is due for publication on the 21st January, and, should you wish to preorder a copy, a pre-order link will shortly be provided.

Who we are.

We are a team of 5 experienced lawyers but, what makes us different to a firm of solicitors, is that we are acting as divorce consultants.

We help people navigate the legal maze and stop them making expensive mistakes. We use our experience of the divorce process to find solutions to lower the temperature and save money.

If the above resonates or you know someone who may benefit from speaking to us, please do contact me. We don’t charge for an initial consultation.

Divorce and pensions: the overlooked asset that could shape your future

Last month, we explained the idea of a “clean break” in divorce. This month, let’s turn to something just as important: pensions. For many couples, pensions are the second largest asset after the family home. Yet they’re frequently underestimated, sometimes even forgotten, in financial settlements.

Why pensions matter

Pensions aren’t just about retirement income; they’re long-term financial security. When couples divorce, these funds can be substantial and need careful thought. Ignoring them could mean one partner walks away with significantly less financial stability.

Different types of pension

Often several pensions will have been accumulated – for example someone may have been in service (military, NHS or civil service) or had several different employers all with different pension schemes or have been self-employed and arranged their own pension. All will have different benefits that will need to be valued and assessed.

Pension benefits fall into different categories, normally money purchase pensions or defined benefit pensions. In the case of money purchase pensions, the capital value is usually the monetary value of the fund but for defined benefit pensions, the capital value will need to be calculated. Valuations often take months for the pension company to provide.

How pensions can be divided

Once all assets (including pensions) are valued, there are different ways to deal with them:

• Pension sharing: a percentage of one person’s pension is transferred to the other, creating two independent pots.

• Offsetting: one party keeps more of the pension, while the other takes a larger share of another asset (often the family home).

• Pension attachment orders: the court directs some pension benefits to the ex-spouse, but for several reasons, these orders are rare today.

Which route is best will depend on many factors including age, earning capacity, living arrangements, stability for any children, long-term financial planning, taxation and, of course, the needs of the parties and the value of all the assets in the martial pot.

What is a ‘clean break’ and should you opt for it?

One of the biggest concerns in any divorce is how to handle financial arrangements. Do you keep financial ties through ongoing spousal maintenance? Or do you cut ties completely with a “clean break”? Let’s unpack what that really means, the benefits, and the limitations.

What is a clean break?

In any financial settlement, the court looks at three basic elements:

• Division of marital assets

• Spousal maintenance for the financially weaker party (helping them get “back on their feet”)

• Child maintenance, where children are involved

Normally, spousal maintenance is paid monthly. But the court’s preference – where possible – is for a clean break. This means that instead of ongoing monthly payments, a one-off lump sum is paid to the financially weaker party.

This lump sum is worked out by calculating the total spousal maintenance that would be payable across the maintenance period and then applying a discount to reflect the fact that the money is being paid ‘up front’.

Why do courts prefer a clean break?

A clean break is designed to avoid future financial dependency between ex-partners. The advantages include:

• Certainty: The receiving party knows exactly what they’ll get, rather than relying on payments for years ahead.

• Reduced risk: If the payer’s financial circumstances deteriorate (they might lose their job, their business might fail or they might become bankrupt), the receiving party is protected.

• No enforcement headaches: There’s no need to go back to court if maintenance payments are missed and even worse, if the payer is living outside of the jurisdiction.

• Finality. It’s no longer necessary to have ongoing contact or be reliant on receiving monthly payments.

When is a clean break not possible?

Not every couple has enough assets to fund a clean break. If there isn’t sufficient capital to “buy out” spousal maintenance, then monthly payments may still be ordered.

It’s also worth noting that child maintenance cannot be ‘clean breaked’.

Professional advice is essential

If you’re facing divorce or know someone who is and want to explore whether a clean break is right for you, professional advice is essential. Every case is unique, and the consequences last for years.

Who we are.

We are a team of 5 experienced lawyers but, what makes us different to a firm of solicitors, is that we are acting as divorce consultants. We help people navigate the legal maze and stop them making expensive mistakes. We use our experience of the divorce process to find solutions to lower the temperature and save money.

If the above resonates or you know someone who may benefit from speaking to us, please do contact me. We don’t charge for an initial consultation.

What’s new in divorce law – and why it matters to you

Divorce law never stands still for long and while some changes make life easier, others leave people wondering what it all means.

If you’re going through a separation, advising a friend, or simply keeping your professional knowledge sharp, here’s a quick round-up of what’s been happening in the divorce world and how it may affect divorcing couples and their nearest and dearest.

Why divorce law still feels unpredictable

Divorce law is famously discretionary. It’s often said that if 10 judges were handed the same case, you’d get 11 different outcomes.

For clients, that unpredictability can feel deeply frustrating. For lawyers, it creates space for argument. And for everyone involved, it often leads to more stress and higher costs.

Although the Matrimonial Causes Act 1973 remains largely untouched, the landscape around it is shifting. Here’s a round-up of the recent changes and what’s on the horizon.

Key updates and upcoming changes

— No-fault divorce (April 2022)
Couples no longer need to assign blame in order to divorce. The process can now be started online, which has certainly simplified the legal side of ending a marriage. But — and it’s a big but — resolving the finances and children arrangements remain as complex as ever.

— Push towards non-court solutions (Feb 2024)
New rules now encourage separating couples to settle disputes outside of court. Those who refuse to engage in mediation or other options risk being ordered to pay the other party’s legal costs.

— Law commission review (Dec 2024)
The Law Commission published a paper stating that the current system doesn’t offer couples a clear or fair framework.

• Among its recommendations: Introduce qualifying pre- and post-nuptial agreements

• But not at the expense of meeting the basic financial needs of either party or any children

— Fast-track divorce pilot (Feb 2025)
The courts have started trialling a quicker process for divorces involving assets under £250,000 – a welcome move for those whose finances aren’t complex, but still need clarity and speed.

— Video hearings now the norm
Remote hearings are becoming increasingly standard, except in high-value or especially complicated cases. For many, this change makes the process more accessible… and less intimidating. A Rise in Later-Life Divorce According to the Office for National Statistics, the over-60s are now the fastest-growing group divorcing in the UK and with property, pensions and investments accumulated over decades, these splits can carry significant financial implications.

— Cohabitation: still no clear rights (yet)
Despite ongoing discussion, there’s still no formal legal protection for cohabiting couples in England and Wales. While reform has been debated for years, no changes are expected this year.

Divorce remains emotionally and legally complex, but the legal system is evolving. While the fundamentals haven’t shifted much, these updates reflect a growing recognition that the process needs to be fairer, faster, and more accessible.

About us

We are a team of 5 experienced lawyers but, what makes us different to a firm of solicitors, is that we are acting as divorce consultants. We help people navigate the legal maze and stop them making expensive mistakes. We use our experience of the divorce process to find solutions to lower the temperature and save money.

If the above resonates or you know someone who may benefit from speaking to us, please do contact me. We don’t charge for an initial consultation.

When social media follows you into the divorce process

Few would argue that social media is deeply woven into our daily routines – from the way we share milestones to how we stay in touch.

Yet its influence goes far beyond selfies and status updates. When it comes to marriages, and especially divorces, our digital footprints can carry significant weight.

Social media as legal evidence

One of the most striking shifts in modern divorce proceedings is the role of social media as a source of evidence. Posts, private messages and photos can be scrutinised in court to support claims of controlling behaviour, financial dishonesty or parenting concerns. Increasingly, digital activity is being used to build or challenge legal arguments – sometimes with serious consequences.

Using social media during a divorce is akin to reading your diary aloud in public – only you don’t get to choose who listens, or how they interpret it. What felt like catharsis at the time might be read back with a very different lens later.

When privacy becomes public

It’s easy to forget that what feels like a fleeting moment online can be viewed, shared and saved indefinitely. Personal posts – even those made in frustration or jest – can be taken out of context or interpreted in ways that stir conflict. In the context of a strained relationship, one ill-judged post can fan the flames and contribute to irreparable damage.

The “Keeping up with the (ex) Joneses” trap

Scrolling through filtered happy snaps of others’ relationships can make you feel like yours failed uniquely – when it’s just the highlight reel. That constant comparison game doesn’t just bruise your self-esteem, it adds emotional weight when you’re already carrying a heavy load. The constant stream of curated perfection online can lead to unhealthy comparisons, envy and resentment. Seeing a partner’s or ex-partner’s activities, particularly if they involve spending, partying or showing them in a new relationship, can be deeply upsetting during an already fragile time.

Handling social media with care

During a divorce, or even in the lead-up to one, it’s wise to treat social media with caution. This isn’t about silence or secrecy, but about maintaining dignity and keeping emotions under control. Thoughtful boundaries, clear communication with your partner, and guidance from trusted professionals can make a meaningful difference.

Final thoughts

While social media can’t cause a divorce on its own, how we use it can certainly influence the path a relationship takes – for better or for worse. In challenging times, it’s worth pausing before you post.

We are a team of 5 experienced lawyers but, what makes us different to a firm of solicitors, is that we are acting as divorce consultants. We help people navigate the legal maze and stop them making expensive mistakes. We use our experience of the divorce process to find solutions to lower the temperature and save money.

If the above resonates or you know someone who may benefit from speaking to us, please do contact me. We don’t charge for an initial consultation.

Can journalists report on your divorce?

Big changes have arrived in family law: For the first time, accredited journalists and legal bloggers in England and Wales can report on divorce proceedings in much more detail.

They can even access case documents and speak with families (as long as identities remain protected). It’s a move towards greater transparency but what does it mean for people going through divorce?

What’s changed?

Since 2009, media could attend family court hearings involving children’s wellbeing, but could only report limited details.

Now, following examples set by Australia and New Zealand, the UK has opened the door to more detailed reporting — a shift designed to build public confidence in the family court system.

Sir Andrew McFarlane, President of the Family Division, has long called for this change. In a 2021 review, he argued for a cultural shift in favour of openness and accountability.

Why this matters to you

This change isn’t just legal news – it could influence the strategy of your / your client’s case.

Here’s how:

• More public scrutiny may lead to faster out-of-court settlements

• Journalists will have more access to report family law responsibly

• Judges still have the discretion to limit or allow what gets shared

• Media training for legal professionals is now being recommended

Put simply, what happens in court may no longer stay completely private. And that changes the dynamic.

Our view as divorce consultants

We welcome greater transparency but only when it protects the dignity of everyone involved. Families facing divorce need calm guidance, not added pressure from public exposure.

We are a team of 5 experienced lawyers but, what makes us different to a firm of solicitors, is that we are acting as divorce consultants. We help people navigate the legal maze and stop them making expensive mistakes.

We use our experience of the divorce process to find solutions to lower the temperature and save money.

If the above resonates or you know someone who may benefit from speaking to us, please do contact me. We don’t charge for an initial consultation.