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.

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.

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.

Is bad behaviour relevant in divorce?

Since April 2022, the introduction of no-fault divorce has transformed the landscape of divorce law.

Now, neither spouse is required to prove blame or bad behaviour – such as adultery or unreasonable conduct – to initiate divorce proceedings. Either party or both together can simply declare that the marriage has irretrievably broken down.

Is bad behaviour ever relevant?

While bad behaviour is not necessary to start a divorce, it can occasionally affect the division of assets – but only in cases of exceptional misconduct. This includes:

• Recklessly depleting marital assets

• Hiding financial resources

• Economic misconduct, such as fraud or gambling away joint funds

In such cases, the court may adjust the division of assets to compensate the other spouse.

Additionally, if one partner controls the other’s finances or restricts their ability to work, the affected party might receive a more favourable settlement. However, the Courts generally focus on a fair division based on needs and resources, not blame.

Bad behaviour in children cases

When children are involved, bad behaviour becomes more significant. Issues like domestic abuse, substance misuse, or neglect can heavily influence where the child is to reside. The court’s primary concern remains the best interests of the child, not punishing the offending parent.

Courts may:

• Restrict or supervise parental contact

• Deny contact entirely in extreme cases

• Mandate supervised visits for parents with a history of violence

• Request testing or rehabilitation if substance misuse endangers the child

If one parent manipulates the child against the other, residence or contact arrangements may be adjusted.

Courts may limit or supervise contact, or in serious cases, deny contact altogether. For example, a parent with a history of violence may need to attend supervised visits.

How we can help you

We understand that navigating divorce law can be overwhelming and costly. At Divorce Solutions, our team of five experienced lawyers operates as divorce consultants rather than traditional solicitors.

Our focus is on:

• Simplifying the divorce process

• Avoiding costly mistakes

• Reducing tension and conflict

We leverage our experience to identify practical solutions that protect your interests and streamline the process.

Free initial consultation

If you – or someone you know – could benefit from expert guidance during a divorce, we offer a complimentary initial consultation. Feel free to reach out and discover how we can support you.

Grandparents’ rights

With nearly half of all marriages ending in divorce and approximately 100,000 divorces occurring each year, the ripple effects extend far beyond the immediate family. Grandparents, who often provide stability and love to their grandchildren, can find themselves caught in the crossfire.

This newsletter explores how grandparents can navigate the challenges of maintaining these vital relationships and understand their rights when family tensions arise.

Research by the University of Oxford highlights that strong relationships with grandparents can foster a sense of security and emotional well-being in children, particularly during times of family upheaval.

If parents are divorcing, then, for the sake of maintaining a relationship with the grandchildren, grandparents should try to remain neutral but, of course that is not always possible. Indeed, even if they do try to be neutral, the son or daughter-in-law may still regard them as the ‘enemy’ and restrict or try to prevent their involvement with the grandchildren. If that occurs, what can be done?

Obviously the first thing to do, is for the grandparents to try to create a dialogue with their in-law and resolve any issues. However, if help is needed, mediation can be a good way forward and, if appropriate, child inclusive mediation may be helpful.

If all else fails and, whilst grandparents have no absolute right to see their grandchildren, it is possible for grandparents to make an application to the court for permission to have contact with their grandchildren. As would be expected, the courts primary concern is what is in the grandchildren’s best interest. A history of regular contact and a close and loving relationship between grandchildren and grandparents will carry weight and be taken into account

Grandparents can benefit from connecting with others who are going through similar situations, as shared experiences often provide comfort and a sense of solidarity. For example, Grandparents Plus (UK) offers a dedicated support network and advice for grandparents dealing with estrangement or family separation.

Prioritising self-care is equally important. Engaging in activities that bring joy, spending time with supportive friends or family members, and focusing on maintaining a positive outlook can make a significant difference. The path to preserving relationships with grandchildren may be challenging, but having access to compassionate support systems can help grandparents navigate these complexities with hope and strength.

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.

A sea change in the divorce world? The divorce landscape is changing for the better

Since 2007, we have been at the forefront of making divorce less painful and more cost-effective. Now, a significant shift in the legal landscape is aligning with our long-standing mission.

New family procedure rules: a game changer

The introduction of new Family Procedure Rules in 2024 marks a turning point in divorce proceedings. These rules strongly promote Non-Court Dispute Resolution (NCDR) methods, including:

• Mediation

• Collaborative law

• Arbitration

• Neutral evaluation

Key changes and their impact

• Mandatory NCDR Consideration: Courts can now require parties to report their views on using NCDR methods.

• Flexible Proceedings: Judges can adjourn cases to allow for NCDR processes.

• Financial Incentives: Courts can penalise parties who refuse to engage in NCDR, by making them responsible for the other party’s legal fees.

The benefits of NCDR. NCDR is intended to:

• Reduce emotional stress

• Lower costs

• Provide faster resolutions and

• Provide better outcomes for all concerned

In summary, the Courts can now direct that the parties set out their views on using NCDR, and Judges can adjourn proceedings to allow NCDR to take place.

Also, contrary to the usual position (where parties are responsible for their own legal fees), as a further incentive to engage in NCDR, the Courts can penalise parties who refuse to or prevaricate in trying to resolve matters by NCDR, by making them responsible for the other party’s legal fees.

These measures, which we welcome and which are now beginning to permeate the divorce world, are partly an acknowledgement that for far too long the adversarial nature of divorce has been extremely expensive and damaging to the parties and their children.

It is also a response to funding cuts which have resulted in the courts being overwhelmed by the number of cases they are required to deal with. NCDR will hopefully result in more cases being settled without ending up in court.

Our approach: comprehensive divorce consultation

At our consultancy, we believe in exploring all options before proceeding with divorce:

1. Marriage Preservation: We encourage couples to consider counselling if there’s a desire to save the marriage.

2. Options: If divorce is inevitable, we guide clients through the various NCDR and other processes that are available to identify the best route for them.

3. Legal Navigation: Our team of experienced lawyers act as consultants, helping clients avoid costly mistakes and find amicable solutions.

Take the first step towards a smoother divorce

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.

Where there’s a will there’s a way to protect your loved ones

In case you die after marrying or divorcing make sure your will is up to date, as otherwise your estate may end up in the wrong hands….

Beware, as the rules regarding the effect on wills of marriage and divorce are not straightforward and if you get it wrong it can have far-reaching and unintended consequences.

The first point to note is, that if you marry or enter into a civil partnership any existing will automatically becomes of no effect.

Therefore, unless you make a new will, your estate will be distributed in accordance with the rules of intestacy. In general terms, these rules provide that your husband, wife or civil partner will receive the first £322,000 of your estate, plus your personal possessions and half of the rest of your estate.

The other half, above £322,000, will pass to your children (not stepchildren), and if you have no children, your husband, wife or civil partner will receive everything.

That may not be as you intended, for example your children may be young and you may want your other half to have everything or, in the case of a second marriage where there are children from your first marriage, you may want your children to have everything.

The second point is, what happens if you marry or enter into a civil partnership and make a new will, but you then divorce, or your civil partnership is dissolved. In this case, your will remains valid, but your ex is treated as if they had died at the point you became divorced, or your civil partnership was dissolved.

Accordingly, if your Will doesn’t say what is to happen to the share of your estate that you left to your ex, the rules on intestacy will apply and the part of your estate that you left to your ex, could end up being distributed to people that you had not intended to benefit.

Therefore, as soon as you decide to divorce or to dissolve your civil partnership make a new will.

Don’t wait until the divorce or dissolution goes through many months later. In the worst of all scenarios, if you were to die before the divorce or dissolution goes through the position is that, as you are still married your will remains valid, and consequently your estate may end up passing to the very last person that you intended!

Stepchildren can also complicate the process as they are not automatically entitled to inherit from a step-parent’s estate under UK intestacy rules unless they have been legally adopted by the step-parent. This means that if a step-parent dies without a will, their estate will be distributed according to intestacy laws, which do not recognise stepchildren as beneficiaries.

Furthermore, one needs to consider guardianship for minor children. Appointing a legal guardian through a will is vital to ensure that minor children are cared for by someone chosen by the parents rather than leaving this decision to the courts.

A final word here. If you are financially maintaining your ex after you are divorced or your civil partnership has been dissolved (in other words you are paying them maintenance), and you don’t include them in your will, they could potentially make a claim under the Inheritance Act.

A clean break (where no maintenance is paid), might protect against such a claim but not necessarily – for example where children still need to be maintained.

So, the message is that you should keep you will updated particularly if your circumstances change. If you intend to marry or have a civil partnership, any Will made before the event must state that it is made ‘in contemplation of that marriage or civil partnership’.

As always to avoidfar-reaching and unintended consequences, take professional advice.

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.