Since the introduction of the no-fault divorce system in England and Wales in April 2022, it is no longer possible for one spouse to prevent the other from obtaining a divorce simply because they disagree with the decision.

How does no-fault divorce work?

Under the current law, either one spouse can apply for a divorce on their own, or the couple can make a joint application.

Rather than having to prove that one person was at fault, the applicant simply confirms that the marriage has irretrievably broken down. The court accepts this statement without requiring evidence of unreasonable behaviour, adultery or lengthy periods of separation.

This has helped make the divorce process less confrontational and allows couples to focus on resolving practical matters, such as finances and arrangements for any children.

What if my spouse doesn’t respond to divorce papers?

It is understandable to worry if your spouse ignores the paperwork or refuses to acknowledge the divorce application.

In many cases, this will not prevent the divorce from progressing.

There are procedures available to deal with situations where documents have not been acknowledged or where a spouse is deliberately refusing to engage with the process. The court has powers to ensure that an application can continue where appropriate, provided the necessary legal requirements have been met.

While a lack of cooperation can sometimes result in delays, it does not usually prevent the divorce itself from going ahead.

Can my spouse stop the divorce?

One of the biggest changes introduced by no-fault divorce is that it is no longer possible to defend a divorce simply because one person does not want the marriage to end.

There are only very limited circumstances in which a divorce application may be challenged, such as questions over whether the court has jurisdiction or whether the marriage itself is legally valid. These situations are uncommon.

For the vast majority of couples, one person’s refusal to agree with the divorce will not stop the legal process.

What about agreeing finances with divorce?

Although a spouse cannot usually prevent the divorce itself, disagreements often arise when it comes to finances.

Reaching an agreement about the family home, savings, pensions and other assets can sometimes take longer than obtaining the divorce.

If an agreement cannot be reached through negotiation or mediation, the court can be asked to determine how assets should be divided.

It is also important to remember that finalising the divorce does not automatically resolve financial claims between spouses. To achieve legal certainty, many couples will need a financial order approved by the court.

What happens where children are involved in divorce?

Where children are involved, parents do not need to wait until every childcare arrangement has been agreed before applying for a divorce.

However, it is often beneficial to work together to establish practical arrangements that are in the children’s best interests. Many families are able to reach agreements through discussion or mediation, while others may require legal assistance if disputes arise.

The court’s primary consideration will always be the welfare of the children.

Seeking legal advice

Even where one spouse is unwilling to cooperate, it is usually possible to move forward with the divorce.

Every family’s circumstances are different, and while the legal process has become more straightforward under the no-fault system, issues relating to finances, property and children can still be complex.

Seeking advice from an experienced family solicitor at an early stage can help you understand your options, minimise unnecessary delays and ensure that your interests are protected throughout the process.

If you are considering divorce and are unsure where you stand, obtaining specialist legal advice can provide the clarity and reassurance you need to take the next step with confidence.

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Our Managing Partner, Gurvinder Sehra, was up with the lark on Saturday 4th July 2026 to cheer on all taking part and to present the winners with their trophies.  Very well done to everyone who took part – we look forward to supporting the event in 2027.

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The short answer is this: prenuptial agreements are far more important than many people realise.

Are Prenuptial Agreements legally binding?

Unlike some countries, England and Wales do not automatically treat prenuptial agreements as legally binding contracts.  This does not however mean they are ignored.

In fact, over the last 15 years the courts have become increasingly willing to uphold prenuptial agreements where certain conditions have been met.

Generally speaking, the court is likely to give significant weight to a prenup if:

• Both parties entered into it freely;
• Neither person was placed under pressure- for this reason it is essential that the deed is executed no later than 28 days before the date of the marriage.
• Both parties understood its implications;
• There was full financial disclosure;
• Each party received independent legal advice;
• The agreement is broadly fair when considered at the time of divorce.

The court will always retain the final say. However, the days of prenups being casually dismissed are largely behind us.

Why do people consider prenups?

Couples who enter into prenuptial agreements are not exceptionally wealthy.  They are useful in the following situations:-

• One party owns a business;
• One person is entering the marriage with significantly greater assets;
• There are children from a previous relationship;
• Family wealth is expected to be inherited in the future;
• A couple simply wishes to have greater certainty about financial arrangements.

For many people, a prenup is less about protecting wealth and more about managing expectations.

The argument in favour of prenups

Supporters often compare prenuptial agreements to insurance.

Nobody buys home insurance because they expect their house to burn down. They buy it because life can be unpredictable.

Similarly, nobody enters into a marriage expecting it to fail.

A prenup allows couples to have important financial conversations while they are communicating well and making decisions together.

It can provide clarity about:

• Existing assets;
• Business interests;
• Inheritances;
• Family property;
• Financial responsibilities during the marriage.

In some cases, having these discussions early can actually reduce conflict if a relationship later breaks down.

Where expectations have already been discussed and recorded, there may be less room for disagreement in the future.

The argument against prenups

Critics argue that prenups can undermine the spirit of marriage.

There is no escaping the fact that discussing separation while planning a wedding can feel uncomfortable.

Some couples worry that raising the subject sends the wrong message or suggests a lack of commitment.

Others are concerned about fairness.

Relationships evolve over time. A prenup signed at the age of 30 may look very different after 20 years of marriage, particularly where children are involved or one spouse has given up career opportunities to care for a family. For this reason it is best to have a periodic review provision in the deed.

This is one reason courts retain the ability to depart from the terms of a prenup where enforcing it would produce an unfair outcome.

Family life rarely follows a predictable path, and agreements signed before marriage cannot always anticipate every future circumstance.

What makes a strong Prenup?

The timing and preparation are crucial.

Leaving discussions until a few weeks before the wedding can create problems.

Best practice is usually to:

• Start discussions well in advance;
• Ensure full financial disclosure;
• Obtain independent legal advice for both parties;
• Allow sufficient time for consideration;
• Keep the agreement under review as circumstances change.

The more transparent and balanced the process, the more likely a court is to attach weight to the agreement in the future.

So, are prenups worth having?

A prenuptial agreement is not a guarantee that a court will follow every word written within it. However, neither is it an empty document with no legal significance.

For the right couple, a well-prepared prenup can provide clarity, certainty and protection for both parties.

Perhaps the better question is not whether a prenup predicts failure, but whether sensible financial planning should be viewed any differently from any other important life decision.

Marriage is one of the most significant commitments a person can make. Having an open conversation about finances before entering into that commitment may not be romantic, but it is often practical.

And despite what many people still believe, a properly drafted prenuptial agreement can be far more valuable than the paper it is written on.

This article was brought to you by Kidd Rapinet’s family solicitors. You can book an appointment with any of the family lawyers across our other offices in Aylesbury, Canary Wharf, Farnham, High Wycombe, Maidenhead or Slough, using the form provided.  Please use the links provided to find more information on divorce or separation, child arrangements and other areas of family law.

These materials and content have been prepared for the benefit of their viewers/readers. They are intended for marketing purposes only and are of a general nature and do not constitute legal advice applicable to any particular facts or circumstances. Kidd Rapinet LLP and/or the author(s) accept no duty of care, responsibility or liability for any loss or damage which you or any third party may suffer as a result of any reliance or use by you or them of these marketing materials and content, except to the extent it is not legally possible to exclude such liability. If you require legal advice on your own situation, please contact us so we can discuss how we may assist.

The post “Prenups aren’t worth the paper they are written on” – Is that true or false? appeared first on Kidd Rapinet.

Questions like “Can my ex stop me seeing the children?” or “Am I entitled to half the house?” are some of the most commonly searched divorce-related topics in the UK.

While every family situation is different, understanding the basics can help people feel more informed and prepared during what is often a very emotional time.

Can my ex stop me seeing my child?

One of the biggest concerns separating parents have is whether contact with their children can be restricted or prevented.

In most cases, the courts encourage children to have a meaningful relationship with both parents, provided it is safe and in the child’s best interests. One parent cannot simply decide to stop the other seeing the children without good reason.

If parents cannot agree arrangements between themselves, mediation may help. If this is unsuccessful, an application can be made to the court for a Child Arrangements Order.

The court’s focus will always be on the welfare of the child, rather than the wishes of either parent.

Who gets the house in a divorce?

The family home is central to most negotiations.  Many people assume that ownership determines who keeps the property, but this is not always the case. The court will consider a range of factors, including:

• the needs of any children,
• each person’s financial position,
• income and earning capacity,
• and the availability of alternative housing.

In some situations, the property may be sold and the proceeds divided. In others, one person may remain in the property, particularly where children are involved.

Importantly, moving out of the family home does not automatically mean someone loses their interest in it.

Am I entitled to half of everything?

There is a common misconception that divorce automatically results in a strict 50/50 split of assets.

While equality can be a starting point in some cases, financial settlements are based on fairness rather than a fixed formula. The court will consider the overall circumstances of the marriage, including:

• the length of the relationship and ages of the parties,
• the available and foreseeable financial resources by way of income, capital and pensions
• financial contributions,
• present and future financial needs,
• and childcare responsibilities.

This means outcomes can vary significantly from one case to another.

Can my ex hide assets during divorce?

Financial transparency is a key part of the divorce process.

Both parties are expected to provide full and frank disclosure of their finances. Deliberately hiding assets, failing to disclose savings, or attempting to move money can have serious consequences.

If there are concerns that assets may not have been properly disclosed, legal advice should be sought as early as possible. Solicitors and the courts have various tools available to investigate financial information where appropriate.

Do I need a financial order if we have already agreed everything?

Even where separating couples agree matters between themselves, it is still usually advisable to formalise the agreement through a legally binding financial order approved by the court.

Without this, financial claims may remain open in the future, even after the divorce itself has been finalised.

A properly drafted financial order can provide clarity and certainty for both parties moving forward.

Should I move out before the divorce is finalised?

People often feel pressure to leave the family home immediately after separation, especially where emotions are running high.

However, moving out can sometimes have practical or financial implications, particularly where children are involved or where future housing arrangements have not yet been agreed.

There is no single right answer, and the best approach will depend on the circumstances of the family. Seeking advice before making major decisions can help avoid unintended consequences later.

What happens if we cannot agree?

Not every separation involves lengthy court proceedings. In fact, many disputes can be resolved through negotiation, solicitor-led discussions, or mediation.

However, where agreements cannot be reached, the court can make decisions regarding finances or arrangements for children.

While court proceedings can feel daunting, they are often a last resort after attempts to resolve matters have broken down.

Seeking advice early can help

Divorce and separation can feel overwhelming, particularly when dealing with uncertainty around children, finances, and the future.

Many of the questions people search online begin with:

• “Can my ex…”
• “What happens if…”
• “Should I…”
• or “Am I entitled to…”

Although general information can be helpful, every family situation is unique. Obtaining tailored legal advice at an early stage can help people understand their position, avoid common mistakes, and make informed decisions during an already difficult time.

This article was brought to you by Kidd Rapinet’s family solicitors. You can book an appointment with any of the family lawyers across our other offices in Aylesbury, Canary Wharf, Farnham, High Wycombe, Maidenhead or Slough, using the form provided.  Please use the links provided to find more information on divorce or separation, child arrangements and other areas of family law.

These materials and content have been prepared for the benefit of their viewers/readers. They are intended for marketing purposes only and are of a general nature and do not constitute legal advice applicable to any particular facts or circumstances. Kidd Rapinet LLP and/or the author(s) accept no duty of care, responsibility or liability for any loss or damage which you or any third party may suffer as a result of any reliance or use by you or them of these marketing materials and content, except to the extent it is not legally possible to exclude such liability. If you require legal advice on your own situation, please contact us so we can discuss how we may assist.

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During divorce many people simply want to know: what is normal, what crosses a line, and when should they seek legal advice?  Topics include new partners, boundaries after separation and ongoing disagreements involving children.

Here we explore a few commonly asked questions arising during modern separations.

Can I stop my ex introducing a new partner to the children?

This is one of the most emotionally charged issues separating parents face.

In most cases, a parent cannot control whether the other parent introduces a new partner to the children unless there are genuine welfare or safety concerns.

However, timing and communication can make a significant difference. Difficulties often arise where introductions happen very quickly after separation or where children are struggling emotionally with changes in family life.

The court’s focus will always be on the welfare of the child rather than disagreements between adults. Parents are usually encouraged to approach these situations calmly and avoid placing children in the middle of conflict.

Can recordings of arguments be used in court?

Increasingly, clients arrive with recordings taken during arguments or family disputes.

While recordings can sometimes become relevant in family proceedings, particularly where there are allegations of threats or abusive behaviour, the situation is rarely straightforward.

Secretly recording conversations, particularly involving children, can create additional difficulties and may not always assist a case in the way someone hopes.

Family courts are generally more interested in patterns of behaviour and the overall welfare of children than isolated moments recorded during emotional situations.

Anyone considering relying on recordings should seek legal advice before doing so.

What if my ex is turning the children against me?

Allegations that one parent is undermining a child’s relationship with the other parent are becoming increasingly common.

This can include negative comments, limiting contact, pressuring children to take sides, or involving them in adult disputes.

The courts take these concerns seriously because children generally benefit from having a healthy relationship with both parents where it is safe and appropriate.

At the same time, these situations are often highly emotional and complex. It is important for parents to remain child-focused, avoid retaliatory behaviour, and keep communication constructive wherever possible.

Can I change the locks after separation?

This is another question family lawyers hear regularly.

The answer will depend on factors including property ownership, occupation rights, safety concerns, and whether children are living at the property.

People are often surprised to learn that changing the locks without agreement can sometimes complicate matters further, particularly where both parties have legal rights relating to the home.

Where relationships have become hostile or safety is a concern, legal advice should be sought promptly before taking action.

Should I keep evidence during a separation?

In some situations, yes.

It can be sensible to retain important financial documents, copies of relevant communication, or evidence relating to issues involving children or alleged abusive behaviour.

However, there is a difference between sensibly preserving information and becoming consumed by gathering evidence against the other person.

Family proceedings are rarely helped by escalating hostility or constant surveillance of an ex-partner’s behaviour. A measured and practical approach is usually most effective.

Keeping conflict from escalating

Relationship breakdown is rarely just about legal paperwork. For many people, it involves uncertainty, heightened emotions, concerns about children, and anxiety about the future.

While online information can offer general guidance, every family situation is different. Seeking advice early can often help separating couples understand their position more clearly, avoid unnecessary conflict, and make informed decisions at an already difficult time.

Although general information can be helpful, every family situation is unique. Obtaining tailored legal advice at an early stage can help people understand their position, avoid common mistakes, and make informed decisions during an already difficult time.

This article was brought to you by Kidd Rapinet’s family solicitors. You can book an appointment with any of the family lawyers across our other offices in Aylesbury, Canary Wharf, Farnham, High Wycombe, Maidenhead or Slough, using the form provided.  Please use the links provided to find more information on divorce or separation, child arrangements and other areas of family law.

These materials and content have been prepared for the benefit of their viewers/readers. They are intended for marketing purposes only and are of a general nature and do not constitute legal advice applicable to any particular facts or circumstances. Kidd Rapinet LLP and/or the author(s) accept no duty of care, responsibility or liability for any loss or damage which you or any third party may suffer as a result of any reliance or use by you or them of these marketing materials and content, except to the extent it is not legally possible to exclude such liability. If you require legal advice on your own situation, please contact us so we can discuss how we may assist.

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Stuart is based in our Canary Wharf office, where he runs a solid team undertaking general litigation matters, specialising in commercial and property disputes, together with a strong employment and financial services practice.

This appointment as Partner is a well-deserved recognition of Stuart’s hard work, leadership, and commitment to both our clients and the firm. His contribution since joining us has been essential to the continued stability, growth and success of our Canary Wharf office.

Stuart is the second person to become a partner having followed our Pathway to Partnership programme

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The annual event sees approx 1500 runners, walkers and dancers taking to the streets as one community raising valuable funds for Cameron’s Companions, GXCA and Scannappeal.

Naturally, amongst the comradery was a little competitiveness with the team finishing in various positions with a couple of PB’s.  All in all a great event – well done to our team, the organisers and everyone involved.

See you next year!

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To recap: the RNRB is an extra allowance (currently £175,000) that applies when you leave your home to a direct descendant—typically a child, stepchild, adopted child, or grandchild. It’s on top of the standard nil-rate band of £325,000, and both are transferable between spouses or civil partners.

But what if you don’t leave the home outright? Many people use trusts in their wills—for example, to protect assets for children from a previous relationship, or to provide for a spouse while preserving the capital for the next generation. That’s where the rules get trickier.

The good news is that the RNRB can still apply if the home is left in a qualifying trust. The most common example is a life interest trust (also called an immediate post-death interest trust), where a spouse or child has the right to live in the property or receive income from it during their lifetime.

In this case, HMRC treats the beneficiary as if they own the property for IHT purposes—so the RNRB can still be claimed. But the trust must be set up correctly, and the beneficiary must be a direct descendant.

Where problems arise is with discretionary trusts. If the home is left into a discretionary trust—even if the potential beneficiaries include children or grandchildren—the RNRB usually doesn’t apply. That’s because no one has an automatic right to the property.

There are some exceptions. If the trustees appoint the property out of the trust to a qualifying beneficiary within two years of death, the RNRB can be restored. But this requires careful planning and prompt action.

It’s also worth noting that if the home is sold before death and the proceeds are left in trust, the downsizing rules may allow the RNRB to be preserved—but again, the trust must meet specific conditions.

At our firm, we regularly advise clients on how to structure their wills and trusts to make the most of the RNRB. We’ll help you balance tax efficiency with family protection, and ensure your wishes are carried out without unintended consequences.

If your will includes a trust—or you’re thinking of adding one—it’s essential to get advice on how it might affect your IHT position. The RNRB is too valuable to lose through a technicality.

This article was brought to you by our Wills and Probate solicitors.  You can speak to any of our Wills, LPA and Probate lawyers across our other offices in Aylesbury, Canary Wharf, High Wycombe Maidenhead or Slough, using the form provided.  Please use the links provided to find more information on Wills and Probate, Wills and Probate Disputes and Lasting Power of Attorney for Health and for Finances

These materials and content have been prepared for the benefit of their viewers/readers. They are intended for marketing purposes only and are of a general nature and do not constitute legal advice applicable to any particular facts or circumstances. Kidd Rapinet LLP and/or the author(s) accept no duty of care, responsibility or liability for any loss or damage which you or any third party may suffer as a result of any reliance or use by you or them of these marketing materials and content, except to the extent it is not legally possible to exclude such liability. If you require legal advice on your own situation, please contact us so we can discuss how we may assist.

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