Category: Family & Divorce

By Zharna Sutaria, Head of Family and Divorce Solicitor 

Reaching the end of a divorce can feel like drawing a line under the past. The Final Order has been granted, finances have been discussed and both parties begin moving forward separately.

But there is another area that can easily be overlooked: what happens to your estate when you die?

Divorce can fundamentally change your family, finances and future intentions. Yet your Will and wider estate planning may still reflect decisions made when you were married. Depending on the circumstances and orders made during the divorce, a former spouse may potentially seek financial provision from an estate after death.

For anyone going through separation or divorce, protecting the future therefore requires more than obtaining just the Final Order.

Divorce and Financial Separation Are Not the Same Thing

One of the most important misconceptions surrounding divorce is that the Final Order automatically brings every connection, including financial between former spouses to an end.

It does not.

The divorce itself legally ends the marriage. Financial claims between former spouses are dealt with separately, usually through an appropriate financial order.

This can become particularly important where there is property, pensions, investments, business interests or significant wealth involved.

The position can also have implications after death. The Inheritance (Provision for Family and Dependants) Act 1975 provides a framework under which certain people may apply to the court for reasonable financial provision from an estate. The legislation contains specific provisions relating to former spouses and civil partners.

Importantly, the court can make an order in connection with divorce proceedings restricting a former spouse’s ability to make a later application under the 1975 Act. 

The practical message is simple: do not assume divorce alone has dealt with everything.

Review Your Will When Your Circumstances Change

Divorce should also trigger a review of your Will.

Many Wills are prepared years earlier when family circumstances, relationships and financial priorities looked completely different.

While divorce affects how provisions in an existing Will relating to a former spouse operate, that does not necessarily mean the remainder of the Will now achieves what you want.

For example, you may want to reconsider:

• who should inherit your estate; 
• who should act as your executors; 
• provision for children or other family members; 
• how property and other significant assets should pass; 
• trusts or guardianship arrangements; and 
• how your estate planning interacts with your new financial position. 

If you do not have a valid Will, your estate may instead pass under the intestacy rules, which may produce an outcome very different from the one you intended.

Updating your Will is therefore not simply about removing an ex-spouse. It is an opportunity to reconsider who you now want to protect and what you want to happen to the wealth you have built.

Consider Your Estate as Part of the Divorce Settlement

Estate planning should not necessarily wait until everything else is finished.

When financial arrangements are being negotiated, it is worth considering what happens if either party dies and whether the proposed settlement adequately addresses future claims and obligations.

This is particularly relevant for divorces involving substantial assets, family businesses, investment portfolios, pensions or ongoing financial provision.

A properly drafted financial order can address the parties’ future financial relationship and, where appropriate, consideration can also be given to restrictions on future claims against an estate.

That is why divorce advice and Private Client advice, that is, how to deal with your assets when you die, should not always be viewed in isolation.

Record the Decisions Behind Your Estate Planning

Where your new Will makes decisions that could later be questioned, your solicitor may recommend creating supporting documentation explaining your intentions.

A letter of wishes, for example, can provide additional context around decisions you have made.

It is not generally legally binding in the same way as a Will, but it can help explain the thinking behind your estate planning and may be relevant if disagreements arise after your death.

Professional advice and good record keeping can also provide valuable evidence that your decisions were considered carefully rather than made inadvertently.

Don’t Forget the Wider Financial Picture

Your Will is only one part of the exercise.

Following divorce, it can also be sensible to review how other assets and arrangements are structured.

Depending on your circumstances, this could include property ownership, pensions, life policies, trusts, business interests and other arrangements where nominations, ownership or beneficiary provisions may need attention.

The objective is to make sure your new legal and financial reality is reflected consistently across your affairs.

Otherwise, you can spend considerable time negotiating a divorce settlement while leaving outdated arrangements elsewhere untouched.

Why This Matters Now

Official figures show there were 102,678 divorces in England and Wales in 2023, returning annual numbers to around pre-pandemic levels. The median duration of marriages ending in divorce among opposite-sex couples was 12.7 years. 

Twelve years is a long time financially.

During a marriage, couples may buy property, build businesses, accumulate pensions, receive inheritances and create Wills based around a shared future.

When that relationship ends, untangling those arrangements properly matters.

And increasingly, the question should not simply be:

“Is my divorce finished?“

It should be:

“Have I protected what happens next?“

Protecting Your Position After Divorce

Divorce represents a major change in your legal and financial circumstances. Your estate planning should reflect it.

At Vyman Solicitors, our Family and Private Client teams can work together to consider both sides of the picture: resolving your financial position following divorce and ensuring your Will and estate planning continue to reflect your wishes.

If you are separating, currently going through divorce or have already divorced but have not reviewed your financial arrangements or Will, now may be the right time to do so.

Speak to our Family or Private Client team to review your position and ensure the arrangements you leave behind reflect the future you are building.

This article is provided for general information only and does not constitute legal advice. The law and its application will depend on your individual circumstances. You should obtain legal advice tailored to your position.

By Tulshi Shah, Divorce Solicitor, Vyman Solicitors

Getting divorced in England and Wales and resolving your finances are two separate legal matters. A final order in divorce ends the marriage, but it does not, by itself, determine how your finances should be dealt with or dismiss financial claims between former spouses.

Where a couple has reached an agreement about their finances, a financial consent order can record that agreement and make it legally binding once approved by the Family Court. Depending on the circumstances, it can also provide for a clean break after divorce and dismiss specified future financial claims.

This is particularly important where couples separate amicably, have already divided their assets or believe there is simply nothing to divide.

What Is a Financial Consent Order?

A financial consent order is a court-approved document recording the financial settlement agreed between divorcing spouses. It can deal with property, savings, investments, pensions, business interests, spousal maintenance and other financial arrangements.

Importantly, reaching an agreement privately is not the same as obtaining a court-approved financial order. Even where both spouses agree how their finances should be dealt with, formalising the divorce financial settlement through the court can be important in bringing financial matters to a legal conclusion.

What Wyatt v Vince Tells Us About Financial Claims After Divorce

The importance of formally addressing finances following divorce was highlighted by the Supreme Court decision in Wyatt v Vince [2015] UKSC 14.

Kathleen Wyatt and Dale Vince married in 1981, separated in the mid-1980s and divorced in 1992, when there were very limited financial resources between them. Mr Vince subsequently founded the renewable energy business Ecotricity and became a wealthy businessman.

Many years after their divorce, Ms Wyatt made an application for financial provision. The case reached the Supreme Court, which confirmed that there is no statutory time limit for bringing certain financial claims following divorce. Although the substantial delay was highly relevant to the nature and extent of any award, it did not prevent the application from proceeding.

The case was subsequently settled, but its wider significance remains: getting divorced does not necessarily bring financial claims between former spouses to an end.

Do I Need a Financial Consent Order If We Have No Assets?

This is a question I am frequently asked as a Family Law Divorce solicitor.

Clients may have no property, significant savings or substantial pensions. They may have agreed that each will keep what they have and see little reason to obtain a financial order.

But financial circumstances can change. Careers develop, businesses grow, property is acquired and wealth can accumulate over time.

Wyatt v Vince is an unusual case and does not mean that a former spouse will automatically succeed with a financial claim years after divorce. Every case is considered on its individual circumstances, and significant delay can be highly relevant.

What it does demonstrate is why couples should consider formally resolving their financial position rather than assuming the divorce itself has done so.

Consent Order or Clean Break Order?

A financial consent order and a clean break order are not necessarily the same thing.

A consent order records financial arrangements agreed between the parties and approved by the court. A clean break can dismiss certain future financial claims between former spouses.

Not every divorce will be suitable for an immediate clean break. For example, ongoing spousal maintenance may be appropriate. The right financial settlement on divorce will depend on the couple’s assets, income, needs and wider circumstances.

Is an Informal Financial Agreement Enough?

Couples frequently divide their finances themselves. The family home may have been sold, savings divided and both parties may have moved on.

Reaching an agreement amicably is positive, but an informal agreement does not necessarily provide the same legal protection as a court-approved financial order.

A properly drafted consent order records what has been agreed and, once approved by the court, makes the agreement legally binding.

It is also worth seeking advice if you divorced some time ago but never obtained a financial order. What should happen next will depend on your individual circumstances.

Divorce Solicitors in Harrow and London

At Vyman Solicitors, our experienced divorce solicitors in Harrow advise on divorce and financial settlements, from straightforward consent orders to complex matters involving property, pensions, businesses, investments and other significant assets.

Led by Zharna Sutaria, Director and Head of Family Law, our Family Law team supports clients at every stage of divorce, including negotiating financial settlements, preparing consent orders and advising those who have already divorced without formally resolving their finances.

If you have reached a financial agreement with your former spouse, are currently going through a divorce or are unsure whether your finances were formally resolved following an earlier divorce, speak to Tulshi or our Family Law team before taking the next step.

This article is intended for general information only and does not constitute legal advice. The law referred to applies to England and Wales. Individual circumstances vary and specialist legal advice should be obtained.

What you need to understand before agreeing your finances

By Zharna Sutaria, Divorce Solicitor and Head of Family Law, Vyman Solicitors

It is possible to reach a financial agreement during divorce without having a solicitor represent you throughout the process. For some separating couples, particularly where communication remains constructive, managing parts of the process themselves can feel like a sensible way to keep costs under control.

But there is an important difference between reaching an agreement and knowing whether that agreement properly protects you.

After 25 years practising Family Law, I have advised clients at every stage of separation and divorce. Some come to me before financial discussions begin; others after they have started negotiating directly. Occasionally, someone seeks advice after an agreement has already been reached, only to discover that they did not fully understand what they had agreed to.

That is why taking advice before committing to a financial settlement can be so important.

Do You Need a Solicitor for a Divorce Financial Settlement?

The legal divorce and any corresponding  financial settlement are separate matters.

Obtaining a Final Order ends your marriage, but it does not automatically determine what happens to your property, pensions, savings, investments, business interests or other financial assets and claims.

You may choose to negotiate directly with your former spouse. However, before agreeing terms, it is important to understand your legal position, what should be considered and what the proposed settlement could mean for your future.

What Should You Disclose in a Divorce Financial Settlement?

Financial disclosure is a fundamental part of resolving finances following divorce.

Where formal disclosure is required, both parties are expected to provide full and frank disclosure of their financial circumstances. The challenge when managing matters yourself can be understanding what information is required, what is relevant and how it should be presented.

Some people provide unnecessary information or documentation because they assume everything needs to be disclosed. Others may unintentionally omit something relevant because they do not understand the legal requirements.

Proper disclosure is not about withholding information. It is about ensuring the right information is provided properly and transparently.

Do You Know What You Are Entitled to in a Divorce?

A proposed settlement may sound fair, but do you know what should actually be taken into account?

There is no universal formula for dividing assets following divorce. The appropriate outcome depends on individual circumstances and a range of factors considered by the family court.

This becomes particularly important where there are pensions, property, businesses, investments, trusts, overseas assets or significant differences in income.

Pensions are a good example. They can be among the largest assets accumulated during a marriage but may receive less attention than the family home because their value is less immediately visible.

Understanding your potential entitlement allows you to decide what you are prepared to accept from an informed position.

Why Does a Consent Order Matter?

Reaching an agreement is only part of the process.

Where financial arrangements are formalised through a Consent Order, the wording of that document matters. Depending on your circumstances, it may need to deal with property, pensions, lump sums, maintenance and future financial claims.

A missing or incorrectly drafted provision could produce a different legal outcome from the one you intended.

Once a financial order has been approved by the court, changing it can  be very difficult. While particular orders can be varied, challenged or set aside in certain circumstances, you should not assume that an agreement can simply be revisited if you later change your mind or realise something was overlooked.

The best time to understand the implications is before you agree any terms with your former spouse.

Does Getting Legal Advice Mean Creating Conflict?

Absolutely not.

Instructing a Family Divorce solicitor does not mean preparing for a court battle or turning an amicable separation into a contentious one.

Legal advice can simply help you understand your position.

You may ultimately decide that the agreement you have reached directly is right for you. The difference is that you can make that decision knowing what your options are, what you may be giving up and whether the proposed settlement adequately protects you.

After 25 years working in Family Law, this is one of the most important lessons I can share: getting advice early can help you make informed decisions before they become difficult to change.

Speak to Zharna and our Family Law Team

At Vyman Solicitors, our Family Law team advises clients across Harrow, Pinner, Stanmore, Northwood, Ruislip and Northwest London, as well as Rickmansworth, Watford, Gerrards Cross, Beaconsfield and the wider Buckinghamshire area, on divorce and financial settlements.

For those ready to begin the divorce process, we also offer a Fixed-Fee Divorce service for £600 + VAT, providing solicitor-led support through the standard divorce process with the legal fee agreed from the outset.

From straightforward divorce and financial agreements to matters involving property, pensions, businesses and more complex assets, our Family solicitors can help you understand your position and the options available to you.

If you are considering divorce, discussing a financial settlement with your former spouse or have reached an agreement that has not yet been formalised, speak to Zharna or our Family Law team about the right next step for you.

This article is for general information only and does not constitute legal advice. Advice should be obtained based on your individual circumstances.

By Zharna Sutaria, Head of Family Law, Vyman Solicitors

At Vyman Solicitors, we guide our clients through life’s most significant moments – and few moments carry greater consequence than the breakdown of a long-term relationship, the loss of a partner, or the realisation that the legal protections you assumed you had simply do not exist.

If you are living with your partner but are not married or in a civil partnership, this article is essential reading.

The Government has just launched its most ambitious consultation on family law in decades. For more than 3.5 million cohabiting couples across England and Wales, the proposed changes could be transformative. But the law has not changed yet – and for high net worth individuals with significant property, investments and assets, the gap between what you assume and what the law actually provides can be devastating.

The Myth That Leaves Millions Unprotected

Let us be direct about something. There is no such thing as common law marriage in England and Wales. It does not matter how many years you have been together, whether you have children, whether you share a family home worth millions, or whether one of you sacrificed a career to support the other. Without a marriage certificate or civil partnership, the law treats you as legal strangers when it comes to finances.

Research suggests that nearly half of all adults in England and Wales still believe common law marriage exists. Among our clients – educated, successful, financially astute people – this misconception is surprisingly common. And the consequences of it can be severe.

When a cohabiting relationship breaks down, there is no court process to divide assets fairly. When a partner dies without a will, the surviving partner may inherit nothing, regardless of decades spent building a life together. This is the reality of the law today.

A Landmark Consultation – Three Key Proposals

On 5th June 2026, the Ministry of Justice published a consultation titled A Fairer End to Relationships, described by the Government as proposing “some of the biggest reforms to family law in decades.” The consultation closes on 14th August 2026.

Here are the three proposals that matter most to our clients.

1. Financial Rights on Separation

The consultation proposes creating a new legal framework giving cohabiting couples the right to make financial claims when a relationship ends. To qualify, a couple would need to have lived together for at least three years, or to share a child together. Both partners must be 18 or over, and there would be a two-year window from the end of the relationship to bring a claim.

For the first time, eligible cohabitants could apply to the court for a share of property proceeds, or for financial support if they were financially dependent on their partner. The framework would apply automatically, though couples could choose to opt out by prior agreement.

For our clients, this matters enormously. If you have a partner who has significantly greater wealth, or if one of you has stepped back from your career during the relationship, the current law leaves the financially weaker partner almost entirely exposed. These proposals, if enacted, would begin to address that imbalance.

That said, this framework is explicitly designed as a safety net — not as an equivalent to marriage. The financial remedies available on divorce would remain considerably broader.

2. Automatic Inheritance Rights

Under today’s law, if your partner dies without a valid will, you receive nothing from their estate. Everything passes to blood relatives under the intestacy rules, regardless of how long you were together or what you built together. For a surviving partner whose name was not on the title deeds or investment accounts, the consequences can be financially catastrophic.

The consultation proposes giving qualifying cohabitants automatic inheritance rights under the intestacy rules. The Law Commission had previously recommended a five-year threshold for couples without children, and two years where a child is shared. The Government is now reviewing exactly where those thresholds should sit.

This is a long overdue reform. But — and this is critical — even if these changes become law, a will remains non-negotiable. The proposed changes are years away from taking effect, and wills can be tailored precisely to your wishes, your estate structure and your family circumstances in a way that the intestacy rules never can.

3. Greater Protection for Domestic Abuse Survivors

The consultation also addresses something that affects far more relationships than people acknowledge, including among high net worth couples: domestic abuse, and in particular economic abuse and coercive control.

Financial control — restricting a partner’s access to money, running up debt in their name, preventing them from working — is recognised in law as a form of domestic abuse. Yet when cohabiting relationships involving this kind of abuse end, the financially controlled partner currently has almost no legal recourse.

The Government is seeking views on whether courts should give greater weight to domestic abuse, including economic abuse, when deciding financial outcomes for both cohabiting couples and divorcing spouses. This could give judges far more flexibility to provide meaningful relief to survivors.

If you are experiencing financial control or any form of abuse within your relationship, please do not wait for legal reform to seek help. The National Domestic Abuse Helpline is available free, 24 hours a day, on 0808 2000 247.

What Happens Next – and Why You Cannot Afford to Wait

The consultation closes on 14th August 2026. After responses are reviewed, the Government must decide whether and how to legislate. Any resulting legislation must pass through Parliament. Realistically, new laws are unlikely to come into force before 2028 and there is no guarantee that reforms will apply to existing relationships.

For our clients, waiting is not an option. The risks are too significant and the tools to protect yourself exist right now.

What You Should Do Today

At Vyman Solicitors, we work with individuals who have worked hard to build significant wealth and assets. Leaving those unprotected because the law has not yet caught up is simply not acceptable. Here is what we recommend:

• Make a will. If you are not married and you do not have a will, your partner could inherit nothing. This is the single most important step you can take, and it can be done quickly and relatively straightforwardly with the right legal guidance.
• Put a cohabitation agreement in place. A properly drafted cohabitation agreement sets out clearly how property, finances and assets are to be handled during your relationship and on separation. For clients with complex asset structures, business interests or property portfolios, this is essential.
• Review how your property is held. Whether you own as joint tenants or tenants in common, and in what proportions, has significant implications. Many couples have never examined this. We regularly find arrangements that do not reflect what either partner intended.
• Take independent legal advice. Every client’s situation is different. A conversation with Zharna and the Vyman family law team will give you a clear, honest picture of exactly where you stand – and what steps are right for you.

A Word from Zharna Sutaria, Head of Family Law

“These proposed reforms are long overdue and I welcome them wholeheartedly. For too long, the law has failed to reflect the reality of how people build their lives together. But I want to be clear with anyone reading this: these are proposals, not law. The consultation closes in August, and even optimistic timelines put new legislation years away. In the meantime, the people I see most affected are those who assumed they were protected. If you are in a cohabiting relationship and you have not taken legal advice, I would urge you to do so now. The stakes — your home, your financial security, your family’s future — are too high to leave to chance.”

How Vyman Solicitors Can Help

At Vyman Solicitors, we are your trusted legal partner, here to help you navigate life’s key moments with clarity, confidence and expert guidance. Whether you need a will, a cohabitation agreement, advice on property ownership or a broader review of your financial arrangements, Zharna Sutaria and our family law team are here to help.

To arrange a confidential consultation, please contact us today. 

This article is intended as general information only and does not constitute legal advice. The law referred to applies in England and Wales. Scotland has separate provisions under the Family Law (Scotland) Act 2006. If you require advice specific to your circumstances, please seek independent legal guidance.

Published July 2026. Information accurate at time of publication.

Recently, Vyman Solicitors’ Director, Zharna Sutaria, joined the Female Pharmacy Leaders Network to discuss an increasingly important topic: protecting wealth, assets and financial security within modern relationships.

While the session was hosted for female pharmacy leaders, the themes explored are relevant to a much wider audience. Business owners, professionals, property investors, entrepreneurs and individuals with family wealth increasingly face the same questions when it comes to protecting what they have worked hard to build.

As more people enter relationships with existing assets, businesses, investments and future inheritances, understanding how those assets may be treated has become an important part of long-term financial planning.

One theme resonated throughout the session: legal protection is not about planning for failure. It is about making informed decisions while relationships are strong.

“It’s my inheritance, so it’s protected.”

One of the biggest misconceptions discussed during the webinar was the belief that inherited wealth or gifts automatically remain separate.

The reality is often more nuanced.

While inherited assets may initially be viewed differently from assets built together during a relationship, how those assets are treated over time can become highly relevant. Assets that begin as separate can become intertwined through shared finances, family spending or joint decision making.

The question is not always where an asset came from. It can also be how it has been used.

For families looking to preserve wealth across generations, this distinction is often overlooked until it becomes important.

The Changing Perception of Pre-Nuptial Agreements

Pre-nuptial agreements are no longer reserved for celebrities or ultra-high-net-worth individuals.

Increasingly, they are being considered by professionals, entrepreneurs, second marriages, property owners and those expecting to receive family wealth in the future.

The shift is cultural as much as legal.

Rather than being viewed as a sign of mistrust, many people now see these agreements as part of sensible financial planning. Much like writing a Will or putting insurance in place, they provide an opportunity to address important financial considerations openly and transparently.

The most successful agreements are often those discussed positively, with both parties understanding that the purpose is not conflict, but forward planning.

Cohabitation: The Risk Many Couples Don’t See

Another area explored during the webinar was the rise of cohabitation.

Many couples are surprised to learn that living together does not automatically provide the same legal protections as marriage.

Despite the widespread belief in the concept of a “common law spouse”, no such legal status exists in England and Wales.

This can create unexpected issues where property ownership, financial contributions or future intentions have never been properly documented.

For couples buying property together, contributing different amounts or receiving support from family members, taking advice early can often prevent uncertainty later.

Protection Is About More Than Documents

While pre-nuptial agreements, post-nuptial agreements, cohabitation agreements and declarations of trust can all play an important role, one of the strongest messages from the session was that protection starts long before any document is signed.

Many disputes arise not because people intended to create conflict, but because assumptions were made and never properly discussed.

The strongest foundations are often built through open conversations, clear intentions and careful planning.

A Final Thought

Perhaps the most important takeaway from the webinar was this:

Protecting your wealth is not about preparing for relationships to fail. It is about ensuring that the life, opportunities and assets you have worked hard to build are supported by sensible planning and informed decision making.

The best time to have these conversations is rarely during a dispute. It is when relationships are strong, plans are being made and everyone is working towards the same future.

If you would like to discuss pre-nuptial agreements, cohabitation agreements, inheritance protection or wider family wealth planning, our specialist Family Law team would be happy to help.

When relationships break down, the immediate focus often turns to outcomes — financial arrangements, living situations, and the practical realities of separation.

But what is often overlooked is how that process is experienced by children.

A recent report, Putting Children First, supported by the Children’s Commissioner, reinforces a point increasingly shaping modern family law: it is not separation itself that causes the greatest harm to children, but the conflict that surrounds it.

What Does “Putting Children First” Mean in Divorce?

The report encourages a more structured, problem-solving approach to separation, particularly where children are involved.

This includes:

• reducing unnecessary conflict between parents
• considering alternatives to court where appropriate
• ensuring children are not placed in a position where they feel they must choose sides

The Children’s Commissioner’s letter highlights that where children feel parents are “fighting for them”, they can feel caught in the middle — with effects that can last well beyond the legal process.

Zharna Sutaria, Head of Family Law at Vyman Solicitors, comments:

“In practice, it is rarely the legal complexity alone that makes matters difficult — it is how the situation unfolds between the parties.

Where communication breaks down and positions become entrenched, children can become unintentionally drawn into that dynamic. They may feel responsible, or that they need to align with one parent.

Taking a structured and considered approach from the outset can make a significant difference — not just to the outcome, but to how the process is experienced by the family as a whole.”

Why This Matters in Practice

Where there are wider financial considerations — whether that involves property portfolios, business interests or long-term financial planning — the way a matter is handled becomes even more important.

Decisions are rarely made in isolation.

They can affect:

• financial stability
• ongoing arrangements between parties
• future planning for children and family
• and, in some cases, the continued operation of a business or shared interests

In these situations, conflict can have wider consequences beyond the immediate dispute.

A more structured approach allows those factors to be understood and managed early.

How Family Lawyers Are Adapting

The direction of travel within family law is clear.

There is increasing recognition that:

• the traditional adversarial model is not always aligned with the best outcomes for families
• early clarity and structure can reduce escalation
• the way a case is handled is just as important as the legal result

This does not remove the need for robust legal advice.

But it does reinforce the importance of how and when that advice is applied.

How Can Conflict Be Reduced During Divorce?

While every situation is different, certain principles can help reduce unnecessary conflict:

• taking early advice to understand the full position
• approaching discussions with structure rather than reaction
• focusing on long-term outcomes rather than short-term positions
• maintaining awareness of how decisions affect children

In many cases, the most effective outcomes are achieved through informed, measured engagement rather than escalation.

A More Considered Approach to Separation

For parents, the instinct is often to focus on their own position — particularly where there is uncertainty or a breakdown in trust.

But the question increasingly being asked is:

What will this process feel like for the child?

And alongside that:

How can this be resolved in a way that protects both the family dynamic and the future?

Separation is rarely straightforward.

But with the right guidance, it can be managed in a way that avoids unnecessary escalation and keeps the focus on long-term outcomes.

Not just in terms of resolution — but in how that process shapes what comes next.

If you are navigating separation and would like a structured and considered approach to resolving matters, our Family Law team is here to support you.

Source: Children at heart of ‘problem-solving’ blueprint for family lawyers

About Vyman Solicitors

Located in North West London, Vyman Solicitors provides a comprehensive range of legal services, including Corporate & Commercial Property Law, Litigation, Residential and Conveyancing Law, Family Law, Private Client and Immigration. Known for its commitment to personalised client support and legal excellence, Vyman is a trusted partner for businesses and individuals alike.

Follow Vyman Solicitors on LinkedIn, Instagram and Facebook.

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Disclaimer: This article is for informational purposes only and does not constitute legal advice.

Financial remedy proceedings in the UK rely on one key principle: both parties must provide full and honest financial disclosure.

This means sharing details of:

• income
• property
• savings and investments
• property or assets abroad
• business interests
• trusts or assets held through other structures

When that information is incomplete or misleading, it is known as non-disclosure — and it can significantly affect the outcome of a case.

This issue is increasingly common in financial remedy proceedings in England & Wales, particularly where assets are held through businesses, trusts or complex financial arrangements.

A recent High Court decision, MK v SK [2026] EWFC 28, highlights exactly how.

What Is Non-Disclosure in Divorce?

Non-disclosure occurs where one party does not fully reveal their financial position.

This can include:

• failing to disclose assets
• providing incomplete or unclear information
• using complex structures to obscure ownership
• presenting finances in a way that makes them difficult to assess

In some cases, it may be deliberate.

In others, it arises from informal arrangements or a lack of clear documentation.

Either way, it creates a challenge for the court.

What Happened in MK v SK?

In MK v SK, the court was dealing with a long marriage involving:

• significant historic wealth
• business interests held through corporate structures
• trust arrangements
• and a lifestyle supported through complex financial arrangements

The husband maintained that his wealth was limited.

The wife argued that he had access to substantially greater resources.

However, the financial picture presented to the court was unclear. There were:

• gaps in documentation
• no reliable valuation of the business
• limited transparency around trust arrangements
• informal financial practices, including undocumented loans

The judge ultimately found that the husband had not provided full financial disclosure, and was likely to have access to assets that had not been properly revealed.

How Do Courts Deal With Hidden Assets in Divorce?

Even where non-disclosure is identified, the court must still reach a decision.

In this case, without clear evidence of the full extent of wealth, the court could not reliably apply a straightforward division of assets.

Instead, it focused on what could be established with confidence — the wife’s financial needs.

The outcome included:

• the wife retaining the former matrimonial home
• a lump sum to meet her income needs
• interim maintenance
• provision for liabilities

Where the financial picture is unclear, the court may prioritise a fair and practical outcome based on need.

Can You Be Penalised for Non-Disclosure in Divorce?

Yes — but the impact is not always straightforward.

The court can:

• draw adverse inferences
• question credibility
• adjust the outcome where appropriate

However, as this case demonstrates, where the court cannot clearly establish the extent of undisclosed wealth, it may still need to proceed based on the available evidence.

Zharna Sutaria, Head of Family Law at Vyman Solicitors, explains:

“Where there is uncertainty around the financial position, the court is often required to make decisions based on incomplete information.

In practice, this can mean that the outcome does not fully reflect the underlying reality of the parties’ wealth.”

What Evidence Is Needed to Prove Hidden Assets?

Proving non-disclosure can be complex, particularly where assets are held through layered structures or informal arrangements.

Relevant evidence may include:

• financial records and transaction histories
• inconsistencies in disclosure
• business documentation
• trust structures and ownership links
• patterns of expenditure

In some cases, the absence of documentation can itself raise concerns.

Why Non-Disclosure Creates Risk for Both Parties

Non-disclosure is often assumed to benefit the person withholding information.

In reality, it creates risk for both sides.

For the person not disclosing:

• credibility may be damaged
• the court may draw adverse conclusions
• the outcome may be less favourable

For the other party:

• it may be difficult to establish the full extent of wealth
• key assets may not be properly accounted for
• the final outcome may fall short of expectations

Zharna adds:

“These cases can become less about precision and more about practicality.

Where the court cannot establish the full picture, it will focus on achieving a fair and workable outcome based on what is known.”

What Can You Do If You Suspect Hidden Assets in Divorce?

The most important step is early financial clarity.

This involves:

• understanding how assets are held and structured
• identifying gaps or inconsistencies in disclosure
• assessing where further information may be required
• forming a clear strategy before positions become entrenched

A structured early assessment can help:

• identify risks at the outset
• strengthen your position in negotiations
• reduce unnecessary escalation
• ensure decisions are made with a clear understanding of the financial position

MK v SK highlights a key reality of financial remedy proceedings: where financial clarity is lacking, outcomes may be shaped by what can be proven – not necessarily what exists

For clients, this reinforces the importance of understanding the financial position early and approaching matters with a clear and structured strategy.

If you are concerned about financial disclosure or would like to understand your position at an early stage, our Family Law team can provide a structured and considered assessment to help guide next steps.

Frequently Asked Questions About Hidden Assets in Divorce

What is financial disclosure in divorce?

Financial disclosure is the process where both parties provide full details of their income, assets, liabilities and financial interests so that a fair financial settlement can be reached.

What happens if someone hides assets in divorce?

The court can draw adverse inferences, adjust the financial award, or order further investigation if assets are suspected to be hidden.

Can a divorce settlement be challenged later if assets were hidden?

Yes. If non-disclosure is discovered after a settlement, it may be possible to reopen the case.

About Vyman Solicitors

Located in North West London, Vyman Solicitors provides a comprehensive range of legal services, including Corporate & Commercial Property Law, Litigation, Residential and Conveyancing Law, Family Law, Private Client and Immigration. Known for its commitment to personalised client support and legal excellence, Vyman is a trusted partner for businesses and individuals alike.

Follow Vyman Solicitors on LinkedIn, Instagram and Facebook.

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Disclaimer: This article is for informational purposes only and does not constitute legal advice.

By Zharna Sutaria, Head of Family Law, Vyman Solicitors

The festive season is often portrayed as a time of joy, closeness and celebration – but for many couples, Christmas and New Year also bring stress, emotional pressure and unresolved tensions to the surface. It is no coincidence that across the UK, divorce enquiries rise significantly in January, as people take stock of their relationships and begin thinking about the year ahead.

As a family law solicitor, I see the same pattern every year. The festive holiday period becomes a turning point – not because problems suddenly appear, but because for many couples, it is the first moment they are able to pause, reflect and acknowledge what they have been carrying for a long time.

The Pressure of Christmas Can Intensify Relationship Strain

Financial worries, childcare demands, family dynamics and high expectations can all weigh heavily during Christmas. When a relationship is already under strain, the holiday season can heighten feelings of loneliness, frustration or emotional distance.

Clients often tell me that Christmas left them feeling:

• overwhelmed by responsibility,
• unsupported or disconnected,
• financially stretched,
• or simply exhausted from “keeping the peace”.

When the decorations come down and life returns to routine, many people finally feel able to take the first step toward understanding their options – including exploring separation or divorce.

What the Latest Divorce Statistics Really Mean

In February 2024, the Office for National Statistics (ONS) reported that divorces in 2022 fell by 29.5% compared to 2021. At first glance, this might suggest fewer marriages are breaking down – but the picture is more complex.

The introduction of no-fault divorce on 6 April 2022 played a major role. This new law simplified the process, removed the need to blame one partner and introduced a mandatory 20-week reflection period before a divorce can progress.

Because many couples issued their petitions under the old system before the change took effect, divorces recorded in 2022 naturally dropped. Ongoing living-cost pressures and the encouragement of mediation also contributed to delays in formal proceedings.

So while the statistics show a numerical drop, they do not reflect a reduction in relationship breakdowns — rather, they highlight the impact of new legal frameworks and economic pressures.

Why January Still Sees a Spike in Divorce Enquiries

Despite the statistical dip, the start of the year continues to be the busiest period for family law teams. January enquiries increase because:

• People avoid difficult conversations during the festive season
• Parents want to “keep Christmas normal” for children
• Couples want a clean break or a fresh start in the New Year
• Emotional clarity often arrives after time spent together (or apart)
• The return to routine creates the space to ask for help

In many cases, the decision has been forming for months – January simply becomes the moment to act.

How No-Fault Divorce Supports a Healthier Process

The no-fault divorce system was designed to reduce conflict and remove unnecessary blame. For separating couples, this can mean:

• a more constructive start to the process
• less emotional pressure
• reduced hostility between partners
• a clearer focus on practical arrangements
• more opportunity for mediation

Where it is safe and appropriate, mediation can help couples resolve financial and child-related issues without court involvement, saving time, money and stress.

Supporting Clients Through One of Life’s Most Difficult Transitions

At Vyman Solicitors, we understand that reaching out for advice is often the hardest step. Every individual we support has a unique story shaped by emotional strain, financial pressures and a desire for stability.

My role – and my team’s – is to provide:

• clarity around your legal options
• a non-judgmental space to talk openly
• expert guidance on no-fault divorce
• support through the reflection period
• practical advice on finances, children and housing
• sensitive handling of every conversation

Behind every enquiry is a person seeking calm, certainty and a path forward. We take that responsibility seriously.

If You Are Struggling After the Holidays, You Are Not Alone

Whether you are contemplating separation, rebuilding after a difficult festive season or simply looking for guidance, early legal advice can help you feel more in control.

January may bring a rise in divorce enquiries, but behind every statistic is someone trying to make the right decision for themselves – and for their family.

If you are considering your next steps and would value a confidential conversation, our Family Law team is here to support you with sensitivity, expertise and care.

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About Vyman Solicitors

Located in North West London, Vyman Solicitors provides a comprehensive range of legal services, including Corporate & Commercial Property Law, Litigation, Residential and Conveyancing Law, Family Law, Private Client and Immigration. Known for its commitment to personalised client support and legal excellence, Vyman is a trusted partner for businesses and individuals alike.

Follow Vyman Solicitors on LinkedIn, Instagram and Facebook.

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Disclaimer: This article is for informational purposes only and does not constitute legal advice.