Can My Ex Claim Money From Me After Divorce? Why a Financial Order Matters

You have received your Final Order and your marriage is legally over. It would be understandable to assume that your financial relationship with your former spouse is over too.

That is not necessarily the case. Divorce and financial arrangements are separate legal matters in England and Wales. The divorce ends the marriage, but it does not, by itself, determine how your property, savings, pensions and other finances should be dealt with.

This distinction is important and is one of the reasons taking advice about finances should form part of your divorce journey, even when you and your former spouse have separated amicably.

Does a Final Order end financial ties?

Not automatically. A Final Order legally ends your marriage. It does not automatically provide a legally binding settlement of your financial affairs.

If you have reached an agreement about money and property and want that agreement to be legally binding, an application can be made for the court to approve a financial order.

Depending on the circumstances, the order can address property, savings, pensions, investments and maintenance.

What is a financial order?

A financial order records how financial matters following divorce are to be dealt with.

There are different types of orders depending on what needs to happen. These can include arrangements concerning property, lump sum payments, pensions and ongoing maintenance.

Where an agreement has been reached, your solicitor can advise on documenting it and submitting it to the court for approval.

Where agreement cannot be reached, an application can be made asking the court to determine the financial issues.

What is a clean break?

You may hear the phrase “clean break” when discussing divorce finances. In simple terms, a clean break aims to bring financial claims between former spouses to an end, where appropriate, so that each person can move forward financially independently.

A clean break is not suitable or immediately achievable in every case. For example, there may be circumstances where ongoing maintenance is required.

The court will consider the circumstances of the parties and the settlement as a whole.

Government guidance confirms that when the court decides finances it will usually try to achieve a clean break where possible.

We have nothing to divide. Do we still need to think about a financial order?

This is an important question. Couples sometimes assume that there is no need to address finances formally because they do not currently own significant assets.

However, your financial position today may not be your financial position in the future.

You may buy property, build savings, develop a business or accumulate a larger pension. Whether a clean break order is appropriate will depend on your individual circumstances, but having relatively modest assets should not automatically mean ignoring the financial side of divorce.

A family solicitor can advise whether a financial order is appropriate and what it should cover.

What if we have already divided everything ourselves?

Many separating couples reach an agreement without asking a judge to decide how everything should be divided.

That can be positive. An agreed solution will often be less expensive and less stressful than contested proceedings. The important distinction is between having an informal agreement and having a legally binding court order.

You may have sold the house, divided the savings and moved on, but it is still sensible to obtain advice about formally resolving your financial position.

Can I deal with finances after the divorce?

A financial order can potentially be applied for after divorce, but waiting can create complications.

Government guidance states that it is usually simpler to apply after the Conditional Order but before the Final Order, and warns that applying after the Final Order can have financial consequences, particularly in relation to pensions.

This does not mean that you should delay a divorce unnecessarily, but it does mean that financial arrangements should not be treated as an afterthought.

What happens if we cannot agree?

If you cannot agree, negotiation, mediation and other forms of dispute resolution may help. If agreement still cannot be reached, an application can be made to the court for a financial order.

Both parties will normally be required to provide detailed financial disclosure. This enables the overall financial position to be understood before negotiations progress or a court is asked to make a decision.

Court proceedings typically include a First Appointment, a Financial Dispute Resolution hearing and, if settlement remains impossible, a Final Hearing. Many cases are resolved before reaching the final stage.

Why financial disclosure matters

A fair agreement is difficult to reach if neither party has a clear understanding of the financial position.

Disclosure may cover income, bank accounts, property, mortgages, debts, pensions, investments and other assets.

This can feel intrusive, but it allows both parties and their legal advisers to understand what is available and what an appropriate settlement might look like.

If you are worried that your former spouse is hiding assets or has not provided a complete picture of their finances, obtain legal advice before agreeing a settlement.

Think beyond getting divorced

When a relationship ends, it is understandable that your immediate objective may simply be to get the divorce completed. However, ending the marriage is only one part of the process.

Your financial settlement can affect where you live, what you can afford, your retirement and your longer term financial security.

Resolving it properly is therefore an important part of moving forward.

Frequently Asked Questions

Does divorce automatically separate our finances?

No. The legal divorce and the resolution of financial matters are separate processes.

What is a clean break order?

A clean break order can bring certain financial claims between former spouses to an end, allowing them to move forward financially independently where this is appropriate.

Do I need a financial order if we agree everything?

It is still sensible to obtain legal advice about making your agreement legally binding.

 

Do I need a financial order if we have no assets?

It may still be appropriate to formally resolve financial claims. Your solicitor can advise based on your individual circumstances.

 

Can I apply for a financial order after my divorce is final?

It may be possible, but there can be consequences to leaving financial matters until after the Final Order, particularly in relation to pensions, so advice should be taken.

 

What happens if my ex will not disclose their finances?

Financial disclosure is an important part of financial remedy proceedings. If you believe information or assets are being withheld, you should discuss this with your solicitor before reaching an agreement.

 

Speak to BP Legal

If you are going through divorce, have already received your Final Order or are unsure whether your finances have been properly resolved, BP Legal’s experienced Family Law team is here to provide clear, practical guidance tailored to your individual circumstances.

If you have a question or would like to make an enquiry, email our team at info@bplegal.co.uk.

Written by BP Legal, a trusted family and property law firm in Leicester, led by Bhumika Parmar, solicitor, founder, former President of the Leicestershire Law Society and trustee of Zinthiya Trust.

Can My Ex Stop Me Seeing My Child? What to Do When Child Contact Breaks Down

When parents separate, arrangements for children can quickly become one of the most difficult and emotional parts of the process.

A question family solicitors frequently hear is, “Can my ex stop me seeing my child?”

There is no simple yes or no answer that applies to every family. The law focuses on the welfare and best interests of the child, rather than treating time with a child simply as a right belonging to either parent.

If contact has suddenly stopped, understanding why it has happened, what arrangements are already in place and whether there are any safeguarding concerns will be important in deciding what to do next.

What should I do if my ex stops me seeing my child?

Your first instinct may be to respond immediately, particularly if you believe the decision is unfair. However, where it is safe and appropriate to do so, try to establish why contact has stopped.

Sometimes the problem is the result of poor communication, a disagreement about timings, new partners, school commitments or different expectations about parenting.

A calm written record of communication can be helpful. Keep the focus on your child and on finding a workable solution rather than on the relationship breakdown.

Avoid using your child to carry messages between you.

Can one parent decide that contact should stop?

The circumstances matter. Where there are genuine concerns about a child’s safety or welfare, legal advice should be obtained promptly. Allegations involving domestic abuse, neglect, substance misuse or another risk of harm need to be treated seriously.

Where there are no safeguarding concerns and one parent is simply preventing the other from spending time with the child, it may be necessary to consider mediation, legal correspondence or an application to the Family Court.

The Government encourages separated parents to reach their own arrangements where possible, including where children will live and how much time they will spend with each parent.

Do I need to go straight to Family Court?

Not necessarily. Court proceedings are not the only way to resolve a disagreement about children and, where it is safe to do so, resolving matters without court intervention can sometimes produce a quicker and less adversarial outcome.

A solicitor can help you understand your position, communicate proposals and identify whether negotiation or mediation could be appropriate.

Before making many applications concerning children, you will normally need to attend a Mediation Information and Assessment Meeting, known as a MIAM, although exemptions apply in certain circumstances.

If agreement cannot be reached, an application to the Family Court may become necessary.

What is a Child Arrangements Order?

A Child Arrangements Order can determine where a child lives, when they spend time with another parent and other arrangements concerning contact.

The language parents use is often different from the legal terminology. People still regularly search for “child custody” or “access”, but the modern legal framework refers to child arrangements.

An order can provide clarity when parents have been unable to agree arrangements themselves.

What will the Family Court consider?

The Family Court’s focus is the child’s welfare. The court can consider the child’s wishes and feelings, taking account of their age and understanding, their physical, emotional and educational needs, the likely effect of changes in circumstances, any harm they have suffered or may be at risk of suffering and the capability of each parent to meet their needs.

This means that proceedings should not be approached as one parent winning against the other.

The central question is what arrangements are in the child’s best interests.

What if my child says they do not want to see me?

This can be particularly upsetting for a parent. A child’s wishes and feelings can be relevant, but they do not automatically determine the outcome. Their age, maturity, circumstances and reasons for expressing those wishes will all be important.

There can be many reasons why a child becomes reluctant to spend time with a parent following separation.

Trying to force the issue without understanding what is happening can sometimes make matters worse. Legal advice can help you consider the appropriate next step and whether other professional input may be required.

What if there is already a Child Arrangements Order?

If there is already a court order in place and it is not being followed, the position is different. You can ask the court to enforce an existing Child Arrangements Order. The court will consider the circumstances, including the reasons why the order has not been followed.

It is important not to assume that breaching an order automatically produces a particular outcome. The court will continue to consider the child’s welfare and the individual circumstances.

If an existing order is no longer workable because circumstances have changed, it may be appropriate to consider whether the order itself needs to be varied.

Keep the focus on your child

Relationship breakdown can create strong feelings, particularly where one parent believes they are being excluded from their child’s life.

However difficult the communication becomes, try to separate the dispute between the adults from your child’s relationship with each parent.

Messages, emails and conversations may later form part of a wider legal dispute, but more importantly, hostile communication can make reaching a workable parenting arrangement much harder.

Where possible, keep communication factual, calm and focused on the needs of your child.

Frequently Asked Questions

Can my ex legally stop me seeing my child?

The answer depends on the circumstances, including whether there are safeguarding concerns and whether a court order is already in place. Legal advice should be sought if contact is being prevented.

Do mothers have more rights than fathers?

The Family Court’s focus is the welfare of the child rather than automatically favouring one parent because they are the mother or father.

Can I apply to court if my ex refuses contact?

Depending on your circumstances, you may be able to apply for a Child Arrangements Order. You will usually need to consider mediation and attend a MIAM first, unless an exemption applies.

What happens if my ex ignores a Child Arrangements Order?

You may be able to apply to the court to enforce the order. The court will consider why the order has not been followed and what action is appropriate.

Can my child decide they do not want to see me?

Their wishes and feelings can be considered, with the weight given to them depending on factors including their age and understanding, but this is not the only factor the court considers.

Should I stop paying child maintenance if I am not allowed contact?

Child maintenance and arrangements for spending time with children are separate issues. Do not use the withholding of maintenance as a response to a contact dispute.

Speak to BP Legal

If your ex has stopped you seeing your child, you are struggling to agree child arrangements or an existing court order is not being followed, BP Legal’s experienced Family Law team is here to provide clear, practical guidance tailored to your individual circumstances.

If you have a question or would like to make an enquiry, email our team at info@bplegal.co.uk.

Written by BP Legal, a trusted family and property law firm in Leicester, led by Bhumika Parmar, solicitor, founder, former President of the Leicestershire Law Society and trustee of Zinthiya Trust.

Does My Husband or Wife Automatically Get Half of Everything in a Divorce?

One of the first questions people ask when facing divorce is, “Does my husband or wife automatically get half of everything?”

The simple answer is no. There is no automatic rule in England and Wales that every asset must be divided equally between divorcing spouses.

A 50/50 division may be an appropriate starting point in some cases, particularly after a long marriage, but the final financial settlement will depend on your individual circumstances. The court’s objective is to reach a fair outcome, taking into account the resources available, the needs of both parties and, importantly, the needs of any children.

Understanding this early can help you make better decisions about your home, savings, pensions and financial future.

What is included in a divorce financial settlement?

When you divorce, the financial picture can include considerably more than the money sitting in your bank accounts.

Assets that may need to be considered include the family home, other properties, savings, investments, pensions, business interests and other valuable assets. Liabilities and debts will also form part of the overall financial picture.

This is one reason why it can be dangerous to agree a settlement based simply on who owns what.

An asset being held in one person’s name does not necessarily mean that it will be excluded from consideration during divorce proceedings.

How does a court decide what is fair?

If you cannot agree how your finances should be divided and the court is asked to decide, there are a number of factors it will consider.

These include your respective incomes and earning capacities, property and other financial resources, financial needs and responsibilities, your ages, the length of the marriage, your standard of living during the marriage and the contributions each of you has made to the welfare of the family. The needs of children, particularly their housing arrangements, are an important consideration.

This is why comparing your divorce settlement with that of a friend, colleague or family member is rarely helpful. Two couples can have similar levels of wealth but very different needs and circumstances.

Does it matter who earned the money?

It is common for someone to believe they should receive more because they were the main earner during the marriage.

However, marriage is not viewed simply as a financial partnership where the person earning the most has necessarily contributed the most.

Looking after children, managing the family home and supporting the other person’s career can all be important contributions to family life.

This can become particularly relevant where one spouse has reduced their working hours, taken a career break or made other sacrifices to care for children.

What happens to the family home?

The family home is often both the largest financial asset and the most emotionally difficult part of a divorce.

There is no single answer as to who will keep it. The options might include selling the property and dividing the proceeds, one person buying the other person’s interest, transferring ownership or, in some circumstances, delaying a sale.

What is appropriate will depend on factors including affordability, mortgage capacity, available assets and the housing needs of both parties and any children.

Before agreeing to keep the family home, it is important to think beyond its emotional value. Being able to afford the mortgage, bills, repairs and ongoing costs matters just as much as being able to secure the property as part of a settlement.

What happens to pensions in a divorce?

Pensions are often overlooked, particularly when one person is focused on keeping the family home. However, a pension can be one of the most valuable assets built up during a marriage.

Depending on the circumstances, pensions can be dealt with in different ways, including through pension sharing. The right approach will depend on the value and type of pensions involved and the wider financial settlement.

Giving up an interest in a pension in return for retaining more equity in a property may sound attractive today, but it can have a significant impact on your financial position in later life.

Professional advice can therefore be particularly important before agreeing how pensions will be treated.

What if we agree the finances ourselves?

Reaching an agreement without a contested court process can save considerable time, cost and stress.

However, reaching an agreement between yourselves and making that agreement legally binding are two different things.

If you are married or in a civil partnership and want your financial agreement to be legally binding, you should apply for a court order dealing with your money and property.

A solicitor can advise whether the proposed settlement is appropriate and help turn an agreement into a formal order.

Should I sort out the finances before the divorce is final?

The divorce itself and the financial settlement are separate legal processes.

Getting your Final Order does not automatically resolve financial claims between you and your former spouse.

Timing can also be important. Government guidance notes that there may be financial consequences to applying for a financial order after the Final Order, particularly where pensions are involved.

Taking advice before finalising your divorce can help you understand your position and avoid decisions that may have unintended consequences.

Frequently Asked Questions

Does my spouse automatically get 50 per cent of everything?

No. There is no automatic rule that every divorce results in a 50/50 division. The appropriate settlement depends on the circumstances of the marriage and the needs and resources of each party.

Can my spouse claim a house that is only in my name?

Potentially. Legal ownership is relevant, but it does not necessarily determine how the property will be treated within a divorce financial settlement.

Can my husband or wife claim my pension?

Pensions can form part of the financial considerations on divorce and, depending on the circumstances, a Pension Sharing Order may be appropriate.

Does adultery affect the financial settlement?

Usually, the reasons for the breakdown of the marriage are not taken into account when the court decides how assets should be divided.

Do we need a solicitor if we have already agreed everything?

Legal advice is still valuable. A solicitor can advise you on the proposed settlement and help ensure that any agreement is properly formalised.

Does getting divorced automatically end financial claims?

No. Divorce and financial arrangements are separate issues, which is why it is important to consider a formal financial order.

Speak to BP Legal

If you have questions about finances during divorce, or would like advice before agreeing a financial settlement, BP Legal’s experienced Family Law team is here to provide clear, practical guidance tailored to your individual circumstances.

 

If you have a question or would like to make an enquiry, email our team at info@bplegal.co.uk.

Written by BP Legal, a trusted family and property law firm in Leicester, led by Bhumika Parmar, solicitor, founder, former President of the Leicestershire Law Society and trustee of Zinthiya Trust.

What Should You expect at Family Court? A Practical Guide to Feeling Prepared and Confident

For many people, attending Family Court for the first time can feel daunting.

Alongside concerns about the legal process itself, there are often smaller questions that cause unnecessary anxiety. One of the most common, yet rarely asked, is:

What should I wear?

Remember, attending the Family court is about resolving important family matters fairly and with the best interests of everyone involved, particularly any children.

Is There a Dress Code for Family Court?

There is no official dress code for members of the public attending Family Court in England and Wales.

However, because it is a formal legal environment, it is important to dress in a way that shows respect for the court. You do not need an expensive suit, designer clothing or business attire.

Instead, aim for clothing that is:

• Smart
• Clean
• Comfortable
• Neat
• Appropriate for a professional setting

The court understands that people come from different backgrounds and circumstances. Nobody expects perfection. The objective is simply to present yourself respectfully.

What Should You Wear?

Suitable clothing might include:

For men

• Smart trousers or chinos
• A collared shirt or plain polo shirt
• Smart jumper or jacket if appropriate
• Clean shoes

For women

• Smart trousers or a skirt
• A blouse, jumper or plain smart top
• A simple dress
• Comfortable smart shoes

The most important thing is that you feel comfortable enough to concentrate on the hearing rather than worrying about your appearance.

What Should You Avoid Wearing?

Although Family Court is generally less formal than many people imagine, there are some items that are best avoided.

These include:

• Clothing with offensive slogans or images
• Sportswear or beachwear
• Hats or hoods, unless worn for religious or medical reasons
• Dirty or damaged clothing
• Anything that could be considered disrespectful

Remember that first impressions matter. While the judge’s decision will never be based on your clothing, presenting yourself professionally helps demonstrate that you are taking the proceedings seriously.

Family Court Is Different from Television

Many people’s expectations of court come from television dramas. The reality is very different. Family Court hearings are usually held in private and there is no public gallery watching proceedings.

The atmosphere is generally calm, professional and focused on finding solutions rather than assigning blame. The judge’s role is not to intimidate you but to understand the issues and make decisions that are in the best interests of the child or family involved.

Understanding this before you arrive can significantly reduce anxiety.

Courtroom Etiquette Matters More Than Your Outfit

How you behave during the hearing is far more important than what you wear.

Simple courtroom etiquette helps proceedings run smoothly and demonstrates respect for everyone involved.

Address the judge respectfully

The judge will explain how they should be addressed. Listen carefully and remain polite throughout the hearing.

Do not interrupt

Allow everyone to finish speaking before responding. Even if you disagree with what is being said, remain calm and wait until you are invited to speak.

Answer honestly

Provide truthful, straightforward answers. If you do not know the answer to a question, it is perfectly acceptable to say so.

Stay calm

Family proceedings are often emotional. Remaining composed helps you communicate more effectively and allows the court to focus on the issues that matter.

How Else Can You Prepare for Family Court?

Good preparation can make a significant difference to your confidence on the day. Consider the following checklist before attending your hearing.

Arrive early

Give yourself plenty of time to find the courtroom, speak with your solicitor if you have one and settle your nerves.

Bring your documents

Take any paperwork requested by your solicitor or the court. Keeping documents organised in a folder can make them easier to access if needed.

Turn your mobile phone off or onto silent

Courtrooms expect minimal distractions. Checking your phone during proceedings should be avoided.

Bring water

A bottle of water can be helpful, particularly if you are feeling nervous.

Listen carefully

Take your time before answering questions. If you do not understand something, ask for clarification rather than guessing.

Can a Solicitor Help You Prepare?

Many people assume that a solicitor’s role begins once they arrive at court. In reality, much of the value comes beforehand.

An experienced Family Law solicitor can explain the court process, help you understand what to expect, prepare the relevant documents and answer questions that may otherwise cause unnecessary worry.

Even practical concerns such as courtroom etiquette, likely timescales and what the hearing will involve can become much clearer after obtaining legal advice.

If your case also involves financial matters following divorce or separation, you may find our article, ‘Why should I seek legal advice to create the Financial Agreements for my divorce?’ helpful in understanding the importance of protecting your long term financial position.

Final Thoughts

Attending Family Court can feel overwhelming, particularly if it is your first experience of the legal system.

Fortunately, the process is usually much less intimidating than many people expect. Dress smartly, behave respectfully and prepare in advance. Those simple steps will help you feel more confident as you walk through the courtroom doors.

If you have questions about Family Court or would like advice before your hearing, BP Legal’s experienced Family Law team is here to provide clear, practical guidance tailored to your individual circumstances.

Written by BP Legal, a trusted family and property law firm in Leicester, led by Bhumika Parmar, solicitor, founder, former President of the Leicestershire Law Society and trustee of Zinthiya Trust.

What Happens at an FHDRA Hearing? A Guide for Parents Attending Family Court for the First Time

For many parents, receiving notice of a First Hearing Dispute Resolution Appointment (FHDRA) can feel overwhelming.

The name alone sounds formal and intimidating. It is understandable that many people imagine standing in a courtroom while a judge decides the future of their family.

In reality, the purpose of an FHDRA is often very different.

It is usually the first hearing after an application has been made regarding child arrangements. Rather than deciding every issue immediately, the court’s initial priority is to understand the situation, identify any welfare concerns and explore whether parents can reach an agreement without the need for lengthy court proceedings.

Understanding what happens before, during and after an FHDRA can help reduce uncertainty and allow you to attend court feeling more informed and prepared.

What is an FHDRA?

FHDRA stands for First Hearing Dispute Resolution Appointment.

It is usually the first court hearing after an application has been made concerning a child, most commonly following an application for a Child Arrangements Order.

The hearing focuses on understanding the issues affecting the family and encouraging parents to resolve matters wherever possible.

Contrary to what many people expect, the court does not usually aim to hear detailed evidence or make a final decision at this stage.

Instead, the hearing allows the judge to assess the situation and decide the most appropriate way forward.

Why does the court arrange an FHDRA?

The Family Court always places the welfare of the child above everything else.

The purpose of the hearing is to:

• Understand the issues between both parents.
• Identify whether there are any safeguarding concerns.
• Explore whether agreement can be reached.
• Decide what further information, if any, the court requires.
• Keep proceedings focused on the child’s best interests.

Where agreement is possible, resolving matters early can reduce both emotional stress and legal costs for everyone involved.

What happens before the hearing?

Before the hearing takes place, the court will usually ask Cafcass to carry out safeguarding enquiries.

What is Cafcass?

The Children and Family Court Advisory and Support Service (Cafcass) is an independent organisation that helps Family Courts make decisions that promote the welfare of children.

Their role is not to take sides. Instead, they provide independent information to assist the court.

What are safeguarding checks?

Before the hearing, Cafcass will usually:

• Contact each parent.
• Carry out checks with the police.
• Make enquiries with the local authority.
• Identify whether there are any immediate welfare concerns.

The information gathered is summarised within a Safeguarding Letter, which is provided to the judge before the hearing.

This is not a report deciding the outcome of the case. It is simply designed to highlight any issues that may need further consideration.

What happens during an FHDRA?

Every family is different, but many hearings follow a similar structure.

The judge will already have read the application and the Cafcass safeguarding information.

During the hearing, they will usually:

Discuss the issues

Both parties will have an opportunity to explain what remains unresolved.

The judge may ask questions to better understand the situation.

Explore agreement

One of the court’s main objectives is to see whether parents can reach an agreement.

Many cases are resolved at this stage through discussion, negotiation or compromise.

If an agreement is reached, the court may approve it immediately.

Decide the next steps

If agreement cannot be reached, the judge will consider what further information is required.

This may include:

• A more detailed Cafcass report.
• Statements from each parent.
• Expert evidence where appropriate.
• Arranging another court hearing.

Will I have to speak in court?

This is one of the questions family solicitors hear most often.

The answer is usually yes, but not in the way many people expect. The hearing is generally conversational rather than confrontational. The judge may ask straightforward questions to understand the issues.

You are not usually expected to give detailed evidence or be cross examined at an FHDRA.

Do I need a solicitor?

You are not legally required to have legal representation.

However, many parents find reassurance in having an experienced family solicitor explain the process, prepare the necessary documents and represent them during the hearing.

Legal advice can also help identify realistic options before attending court, increasing the chances of reaching an agreement.

What happens if we reach an agreement?

If both parents agree suitable arrangements, the judge may approve those arrangements during the hearing.

This can avoid the need for further court proceedings and provide certainty for everyone involved.

What happens if we cannot agree?

Not every family is able to reach agreement immediately.

Where important issues remain unresolved, the court will make directions explaining what should happen next.

Depending on the circumstances, this could include further evidence, additional Cafcass involvement or another hearing.

The overall objective remains the same: achieving an outcome that supports the child’s welfare.

Is an FHDRA the final hearing?

Usually not. An FHDRA is intended to move the case forward.

Some cases conclude at this stage where agreement is reached. Others require further hearings before a final decision can be made.

The timescale depends entirely on the individual circumstances of the family.

Understanding the wider Family Court process

For many parents, attending court for the first time feels daunting simply because they do not know what to expect.

Understanding the purpose of an FHDRA often helps remove much of that uncertainty. It is designed to encourage constructive discussions, identify any welfare concerns and ensure that the child’s best interests remain at the centre of every decision.

If you would like to understand more about the court orders that often lead to an FHDRA, you may also find our article, ‘What is a Child Arrangements Order and when might you need one?’ helpful.

Speak to BP Legal

Every family situation is unique. Whether you are making an application, responding to one or simply want to understand your options, obtaining early legal advice can help you make informed decisions and reduce unnecessary stress.

Our experienced Family Law team is here to provide clear, practical advice tailored to your individual circumstances.

To speak to one of our solicitors, contact BP Legal today on 0116 253 6856 or email info@bplegal.co.uk.

Written by BP Legal, a trusted family and property law firm in Leicester, led by Bhumika Parmar, solicitor, founder, former President of the Leicestershire Law Society and trustee of Zinthiya Trust.

Child Arrangements After Separation: The 24 Questions Parents Ask Most Often

When parents separate, one of the biggest concerns is often what will happen to the children.

Questions around where a child will live, how often they will see each parent and what rights each parent has can quickly become overwhelming. Unfortunately, there is also a huge amount of misinformation online which can make an already stressful situation even more confusing.

The reality is that every family is different. What works for one family may not work for another. However, there are some common questions that family solicitors are asked time and time again.

This guide answers some of the most frequently asked questions about child arrangements in England and Wales and explains what parents should know when making decisions about their children after separation.

1. What are child arrangements?

Child arrangements refer to the practical arrangements made for a child following the separation of their parents. This includes where the child lives, who they spend time with and how major decisions about their upbringing are made.

The law focuses on the welfare and best interests of the child rather than the rights of either parent.

2. Who decides where a child lives?

In many cases, parents are able to reach an agreement themselves. Where agreement cannot be reached, the court may become involved and make a decision based on what is in the child’s best interests.

3. Can a child choose which parent they live with?

There is no specific age at which a child can choose where they live. However, the court may take a child’s wishes and feelings into account, particularly as they get older and more mature.

4. Is there a legal right to 50/50 custody?

No. The law does not automatically favour a fifty fifty arrangement. Instead, the court considers what arrangement best meets the needs of the child.

5. What is parental responsibility?

Parental responsibility refers to the legal rights, duties and responsibilities a parent has towards their child. It includes making important decisions about education, healthcare and religion.

6. Do mothers automatically get custody?

No. The courts do not automatically favour mothers or fathers. Decisions are based on the welfare of the child.

7. Can fathers get equal parenting time?

Yes. Many fathers have substantial involvement in their children’s lives following separation. The arrangement will depend on the individual circumstances of the family.

8. What happens if one parent refuses contact?

If parents cannot resolve issues themselves, legal advice should be sought. Mediation may help. In some cases, an application to the court may be necessary.

9. Do grandparents have rights?

Grandparents do not have automatic legal rights to see their grandchildren. However, the courts recognise the important role grandparents often play and applications can be made in appropriate circumstances.

10. Do we need to go to court?

Not necessarily. Many families successfully reach agreements through discussion, negotiation or mediation.

11. What is mediation?

Mediation involves an independent professional helping parents discuss issues and reach agreements without the need for court proceedings.

12. What if my ex and I agree on everything?

If both parents agree, formal court proceedings may not be necessary. However, it can still be useful to obtain legal advice to ensure arrangements are clear and workable.

13. Can arrangements change over time?

Yes. Children’s needs change as they grow older. Arrangements that work for a five year old may not be suitable for a teenager.

14. What happens during school holidays?

Holiday arrangements are often agreed between parents. These can include splitting school holidays or alternating special occasions.

15. Who decides about education?

Parents with parental responsibility should usually be involved in major decisions regarding education.

16. Can a parent move away with a child?

Potentially, but this can be complex. If a move would significantly affect the child’s relationship with the other parent, legal advice should be obtained.

17. Can a parent take a child abroad?

There are legal rules surrounding international travel with children after separation. It is always sensible to obtain advice before making plans.

18. What if my child does not want contact?

The reasons behind a child’s wishes should be carefully explored. Every situation is different and professional guidance may be required.

19. What happens if arrangements are breached?

Where arrangements repeatedly break down, legal intervention may become necessary.

20. What does a judge consider when making decisions?

The court’s primary consideration is always the welfare of the child. Factors can include the child’s needs, relationships, wishes and the likely impact of any changes.

21. What is a Child Arrangements Order?

A Child Arrangements Order is a court order setting out where a child lives and who they spend time with.

We have covered this in more detail in our previous article, What Is a Child Arrangements Order and When Might You Need One?, which explains when an order may be appropriate and how the process works.

22. How long does the process take?

Timescales vary significantly depending on whether agreement can be reached and whether court proceedings are required.

23. How much does it cost?

The cost depends on the complexity of the matter and whether court proceedings become necessary. Early legal advice can often help prevent issues escalating.

24. Should I get legal advice?

Every family situation is unique. Obtaining specialist family law advice can help parents understand their options, reduce conflict and make informed decisions.

Putting Children First

One of the most important things parents can remember following separation is that child arrangements are not about winning or losing.

The focus should always remain on providing stability, security and positive relationships for children wherever possible.

By working collaboratively and seeking professional guidance when needed, many families are able to create arrangements that support both parents and, most importantly, meet the needs of their children.

Written by BP Legal, a trusted family and property law firm in Leicester, led by Bhumika Parmar, solicitor, founder, former President of the Leicestershire Law Society, and trustee of Zinthiya Trust.

If you would like to speak to one of our experienced team, please call us today on 0116 253 6856 or email info@bplegal.co.uk

What are property searches in the conveyancing process?

When purchasing a residential property, there is more to consider than simply agreeing a price and signing contracts. One of the most important stages in the conveyancing process is carrying out property searches.

At BP Legal, we often find that buyers are unsure what searches involve and why they are necessary. In this guide, we explain what property searches are and how they protect you.

What are property searches?

Property searches are enquiries made by your solicitor to various authorities. They are designed to uncover important information about the property and surrounding area.

In other words, searches help identify issues that may not be visible during a viewing but could affect your decision to proceed.

Why are property searches important?

Property searches provide essential legal and practical information.

For example, they can reveal:

• Planning or building regulation issues
• Environmental risks
• Drainage and water connections
• Nearby developments or road schemes

Without these checks, you could unknowingly take on significant risks.

What are the main types of searches?

Although the exact searches may vary depending on the property, there are several key ones that are almost always carried out.

1. Local Authority Search

This search provides information from the local council, including:

• Planning permissions
• Building control history
• Road adoption status
• Enforcement notices

As a result, you gain a clearer picture of how the property has been used and whether there are any restrictions.

2. Environmental Search

An environmental search assesses potential risks such as:

• Flooding
• Land contamination
• Ground stability

This is particularly important in areas with a history of industrial use.

3. Water and Drainage Search

This confirms:

• Whether the property is connected to mains water and sewerage
• The location of public drains
• Responsibility for maintenance

Consequently, it helps avoid unexpected liabilities.

4. Additional Searches (If Required)

In some cases, further searches may be recommended, such as:

• Flood risk reports
• Mining searches
• Chancel repair liability

Your solicitor will advise based on the property’s location.

Are property searches mandatory?

While searches are not legally required in all cases, most mortgage lenders insist on them.

Even if you are a cash buyer, proceeding without searches can be risky. Therefore, they are strongly recommended in almost every transaction.

 

Do property searches delay the process?

Searches can take time, depending on the local authority and the type of search requested.

However, delays can often be minimised by:

• Instructing your solicitor early
• Providing required information promptly
• Using experienced conveyancing professionals

Importantly, the time invested in searches can prevent far greater issues later.

Final thoughts

Property searches are a vital part of the residential conveyancing process. They provide clarity, reduce risk, and ensure you are making an informed investment.

With the right legal support, this stage can be handled efficiently, giving you confidence as you move towards completion.

Written by BP Legal, a trusted family and property law firm in Leicester, led by Bhumika Parmar, solicitor, founder, former President of the Leicestershire Law Society, and trustee of Zinthiya Trust.

If you would like to speak to one of our experienced team, please call us today on 0116 253 6856 or email info@bplegal.co.uk

What are the key steps in a commercial property purchase?

Purchasing a commercial property is a significant investment. Whether you are acquiring premises for your business or expanding a property portfolio, understanding the legal process is essential.

At BP Legal, we regularly guide clients through commercial transactions, ensuring each stage is handled efficiently and with clarity.

What is a commercial property purchase?

A commercial property purchase involves acquiring property used for business purposes, such as:

• Offices
• Retail units
• Industrial premises
• Mixed-use developments

Unlike residential transactions, commercial purchases are often more complex and require careful legal and financial consideration.

Step 1: Heads of Terms

The process typically begins with agreeing Heads of Terms.

This document outlines the key commercial points of the deal, including:

• Purchase price
• Deposit
• Timescales
• Any special conditions

Although not usually legally binding, it sets the foundation for the transaction.

Step 2: Legal Due Diligence

Once terms are agreed, your solicitor will carry out detailed due diligence.

This includes:

• Reviewing title documents
• Conducting property searches
• Investigating rights of way and restrictions
• Raising enquiries with the seller

Importantly, this stage ensures there are no hidden risks that could affect your investment.

Step 3: Financing Arrangements

If you are obtaining finance, your lender will have specific requirements.

Therefore, it is essential to ensure:

• Loan terms are agreed early
• Valuations are completed
• Legal conditions from the lender are satisfied

Delays at this stage can impact the overall timeline.

Step 4: Drafting and Negotiating Contracts

Your solicitor will review and negotiate the contract for sale.

Key considerations include:

• Purchase price and deposit structure
• Conditions of completion
• Liability for repairs or issues
• Timing of completion

At this point, clear communication between all parties is crucial.

Step 5: Exchange of Contracts

Once both sides are satisfied, contracts are exchanged.

At this stage:

• The transaction becomes legally binding
• A completion date is fixed
• The deposit is paid

From here, both parties are committed to completing the purchase.

Step 6: Completion

Completion is when the property officially changes ownership.

On completion:

• The balance of the purchase price is paid
• Keys are transferred
• The buyer takes possession

Following this, your solicitor will deal with post-completion matters, including registration at the Land Registry.

Why legal advice matters

Commercial property transactions can involve significant risk if not handled correctly.

An experienced solicitor will:

• Identify potential issues early
• Negotiate favourable terms
• Ensure compliance with legal requirements
• Keep the transaction progressing smoothly

Final thoughts

A commercial property purchase involves multiple stages, each requiring careful attention. However, with the right legal support, the process can be managed efficiently and with confidence.

Written by BP Legal, a trusted family and commercial law firm in Leicester, led by Bhumika Parmar, solicitor, founder, former President of the Leicestershire Law Society, and trustee of Zinthiya Trust.

If you would like to speak to one of our experienced team, please call us today on 0116 253 6856 or email info@bplegal.co.uk

What do the latest Commercial Property Law Reforms mean for you in 2026?

The commercial property landscape is evolving rapidly. As we move into 2026, new legal reforms are set to impact landlords, tenants, and investors alike.

Understanding these changes is essential for protecting your business interests.

What Is changing?

Recent and upcoming reforms are focusing on:

• Greater transparency in lease agreements
• Increased regulation of landlord obligations
• Enhanced tenant protections
• Sustainability and energy efficiency requirements

Consequently, both landlords and tenants must adapt to a more regulated environment.

How will this affect landlords?

Landlords may face:

• Stricter compliance requirements
• Greater responsibility for property standards
• Potential limitations on lease terms

However, these changes also encourage better long-term asset management.

What about tenants?

Tenants are likely to benefit from:

• Clearer lease terms
• Improved rights regarding repairs and maintenance
• More predictable costs

That said, tenants must still carefully review agreements to avoid unexpected liabilities.

Why preparation is key

Given the pace of change, early legal advice is more important than ever.

By reviewing your leases now, you can:

• Ensure compliance with new regulations
• Renegotiate terms where necessary
• Avoid disputes in the future

Final thoughts

The 2026 reforms represent a shift towards greater fairness and transparency in commercial property law. Nevertheless, navigating these changes requires careful planning and expert guidance.

Written by BP Legal, a trusted family law firm in Leicester, led by Bhumika Parmar, solicitor, founder, former President of the Leicestershire Law Society, and trustee of Zinthiya Trust.

If you would like to speak to one of our experienced team, please call us today on 0116 253 6856 or email info@bplegal.co.uk