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.

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.

Silver linings: understanding the rise of late-life divorce

In recent years, the UK has witnessed a significant rise in divorces among older couples, often referred to as “silver separations” or “grey divorces.”

This trend is particularly pronounced among couples in their late 50s and early 60s, with the Office for National Statistics noting a 75% increase in divorces among couples in their sixties over the past twenty years. This phenomenon presents unique challenges, both financially and emotionally, that are distinct from divorces among younger couples.

Trends behind silver separations

Several factors contribute to the increasing number of silver separations:

1. Longer Lifespans and Changing Attitudes: Advances in healthcare have led to longer lifespans, allowing people to reassess their relationships and pursue happiness in their later years. Societal attitudes towards divorce have also softened, making it more acceptable for older couples to part ways.

2. Financial Independence: Many older women have achieved greater financial independence, reducing their reliance on their spouses and giving them the confidence to make life choices without economic constraints.

3. Increased Wealth: Couples in this age group often have accumulated significant wealth, including substantial pension funds and increased property values, making separation more financially viable.

Challenges of silver separations

While silver separations offer a chance for renewal, they also come with distinct challenges:

• Asset Division: The division of assets, particularly non-matrimonial assets such as inheritances or pre-marital property, can be contentious. Courts differentiate between matrimonial and non-matrimonial assets, but disputes often arise over whether certain assets should be included in the division.

• Pension and Retirement Planning: Pensions are typically considered marital assets and are subject to division during a divorce. This can significantly impact retirement plans, as the division of pensions may leave one or both parties with reduced financial security.

• Housing Needs: Decisions about the family home, whether to sell it or for one partner to retain it, can be complex and emotionally charged.

• Emotional and Social Challenges

• Emotional Impact: The end of a long-term marriage can be emotionally overwhelming, involving grief, anxiety about starting over, and potential separation from mutual friends and family.

• Impact on Adult Children: While older couples may not have to navigate child custody issues, their adult children can still be affected by the divorce, particularly if they are drawn into family conflicts or experience changes in family dynamics.

• Social Adjustments: Older individuals may face challenges in rebuilding social networks and adjusting to new social roles outside of the marriage.

Navigating silver separations

Given the complexities involved, it is crucial for older couples considering divorce to seek professional advice:

Legal Guidance: Understanding the legal framework regarding asset division and pension sharing is essential to ensure a fair settlement.

Financial Planning: Engaging financial advisors can help in reassessing retirement plans and ensuring that both parties are financially secure post-divorce.

Emotional Support: Accessing counselling or support groups can provide emotional support during this challenging time.

How we help: Divorce Solutions

We are a team of five experienced lawyers, but unlike a traditional firm, we work as divorce consultants.

• We guide you through the legal maze – ensuring you don’t make expensive errors.

• We help lower the temperature, making the process less stressful.

• We save you money by focusing on practical, cost-effective solutions rather than unnecessary legal battles.

Free consultation

If you’re considering divorce or know someone who might need guidance, let’s talk. We don’t charge for an initial consultation.

Divorce numbers around the world

Here’s a question for you. Which country in the world has the most divorces per capita of population and, when considering your reply, bear in mind that England and Wales (at around 3 per 1,000 people), do not feature anywhere near the top of the list.

Figures produced in 2021 show that the countries with the highest divorce rates per 1,000 people, are the Maldives (5.52), Kazakstan (4.6), Russia (4.4), and Belarus and Belgium at (3.7). In fact the Maldives were awarded a Guinness World Record for the highest divorce rate on record in 2002, with 10.97 divorces per 1,000 Maldivians. This was over twice as high as the second highest divorce rate ever recorded. Those countries with the lowest rates are India (0.01), Mozambique (0.04), Kenya (0.06), Zimbabwe (0.07) and Vietnam (0.2).

There are many reasons for the variance in figures; culture, religion, accessibility to divorce, attitudes to pre and post marital sex and single parenthood, female emancipation, economics and the response to global crisis like covid.

In the western world, because of more liberal attitudes and the financial cost of a wedding, there has also been a decline in the number of people getting married. Indeed, it is reported that by 2050, the annual number of marriages in the UK could fall below 200,000. Predicting the continuation of the current downward trend, the figure is expected to fall to around 175,137 representing a huge 28% decline from 2019.

Revisions to our legal system by the introduction of ‘no fault divorce’, plus a simple on-line process for applying for divorce and a legal directive requiring couples to consider processes that provide non-court divorce resolution are slowly beginning to change the face of divorce. The objective is that only the most acrimonious of cases will end up in court.

However, without knowing how to navigate the legal maze it is easy to make the wrong and expensive decisions and that’s where we help.

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.

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.