Supporting You Through Your Divorce
Payne Hicks Beach is one of the best divorce law firms in the UK, ranked Band 1 by Chambers HNW and Top Tier by Legal 500. Based in Lincoln’s Inn, London, our divorce and family solicitors provide expert legal guidance on all aspects of separation, from the divorce mechanics to complex multi-million-pound financial remedy disputes involving business assets, international property, trusts and pension arrangements.
Our starting point will always be to consider with you how you envision the separation unfolding and we will explore with you the best means of achieving your objectives. We will guide and support you through the divorce process and the resolution of a financial separation seeking to find the best process for your family.
We are well versed in all methods of Non-Court Dispute Resolution and will explore these with you. Over 90% of cases that we are involved with are settled without the emotional distress and expense of going to court. If negotiations are unsuccessful and the only option is to issue court proceedings, we are tenacious and successful litigators with a proven track record in the Family Court.
Case example: We recently acted in a high profile and contentious separation with satellite proceedings in other courts. In order to ensure our client’s confidentiality the parties agreed to resolve matters via arbitration. The matters were swiftly and privately resolved without the need to attend court.
We are proud to have represented clients in cases that have shaped family law in key areas and profoundly impacted their lives. Read more about our cases
Our Divorce Services
- HIGH NET WORTH DIVORCE & FINANCIAL DISPUTES
- INTERNATIONAL DIVORCE & CROSS BORDER DISPUTES
- FINANCIAL SETTLEMENTS & ASSET DIVISION
- NON-COURT BASED DISPUTE RESOLUTION INCDR
- FAMILY COURT BASED DISPUTES & LITIGATION
- CHILD ARRANGEMENTS & FINANCIAL PROVISION
We are proud to have represented clients in cases that have developed family law in key areas and have profoundly impacted the lives of our clients. Read more about our cases.
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Navigating changes to your family structure requires specialist expertise, strategic thinking and a genuine understanding of your situation. At Payne Hicks Beach, our experienced solicitors are dedicated to protecting your assets, your family and your privacy while ensuring a fair and favourable outcome.
Why Choose Payne Hicks Beach for Your Divorce?
With top ratings in Chambers UK, Chambers HNW and The Legal 500 UK guides, the department is recognised as frequently advising in some of the most high-value and high-profile matrimonial finance cases in the market, including cases involving complex international aspects. We are trusted by entrepreneurs, business owners, professionals and families with significant assets across multiple jurisdictions.
In 2024, Payne Hicks Beach won Family Law Team of the Year at the Chambers HNW Awards. We are also recognised by ePrivateclient (Tier 1), Doyle’s Guide (First Tier) and the Spear’s Family Lawyers Index.
We are proficient in all areas of family law, from advising on nuptial agreements to handling complex, often international, financial remedy cases. We are also highly experienced in all aspects of family law relating to children, including regulating arrangements for their care, domestic and international relocation, and child abduction. No matter how challenging your circumstances may seem, our team has the experience and sensitivity to guide and support you through every aspect of the process.
Case example: We regularly act in cases where multiple areas of expertise overlap. In one recent matter, we advised.
High Net Worth family law cases often require input from other disciplines, including tax planning, wealth protection, business succession, reorganisation or creation of trust structures and property arrangements. As a multi-service firm, we offer comprehensive support across wealth, tax, business, reputation management, and private client matters, delivering a coordinated strategy.
Case example: When advising the spouse of a private equity partner on the division of carried interest and deferred compensation, our family team worked alongside our tax and corporate specialists to structure a settlement that minimised the tax exposure for both parties. This outcome would not have been possible without integrated advice.
We understand that privacy and discretion are of critical importance to our clients. As seasoned litigators, we are highly experienced in all aspects of Non-Court Dispute Resolution, including arbitration, mediation, and private hearings. We are committed to ensuring your family’s privacy and reputation are protected throughout the process.
Case example: We acted for a high-profile client whose divorce, had it proceeded through the courts, would have attracted significant media attention. By resolving the matter through private arbitration, we achieved a fair financial outcome while keeping the settlement details and the client’s identity entirely confidential.
Increasingly, family law matters involve multiple jurisdictions, complex international assets and require input from lawyers in other jurisdictions. We have significant experience handling multi-jurisdictional matters and can recommend a network of international contacts to assist.
Case example: We advised a dual-national client whose spouse had initiated divorce proceedings in two jurisdictions simultaneously. By successfully arguing that England and Wales were the appropriate forum, we secured a significantly more favourable outcome than would have been available under the alternative jurisdiction’s legal framework.
Our lawyers stay at the forefront of family law developments. We base our advice on landmark cases that have shaped divorce law, including multiple cases in which we have acted including:
- White v White [2000] UKHL 54: Established the starting principle of equality in financial remedy proceedings and reasons to depart from an equal division;
- Radmacher v Granatino [2010] UKSC 42: Established for the first time that, if certain criteria are met, then pre-nuptial agreements will generally be upheld;
- Owens v Owens [2018] UKSC 41: A wife was denied a divorce on the grounds that her petition did not contain sufficient examples of her husband’s behaviour to evidence that the marriage had irretrievably broken down. This decision was the catalyst for reform leading to the Divorce, Dissolution and Separation Act 2020 providing for no fault divorce.
- Miller/McFarlane [2006] UKHL 24: Introduced the concepts of needs, compensation and sharing when considering financial remedy cases
- Standish v Standish [2025]: Landmark case on non-matrimonial assets and how they may become matrimonialised.
Understanding how the courts interpret these cases enables us to advise confidently on likely outcomes and optimal settlement strategies.
Many of the cases that we deal with involve business assets, complex structures, or international holdings. We frequently act in cases where one party alleges that the other party has not been fully transparent with their disclosure and believes that there are unidentified assets. In such cases, we are able to instruct expert forensic accountants to trace concealed assets and analyse financial transactions; business valuation experts to assess shareholdings, partnerships, and corporate interests; pension specialists to evaluate and divide pension schemes fairly; and international counsel to recover overseas assets and enforce orders globally.
Case example: In a recent case, we instructed forensic accountants to analyse a series of transactions through which one spouse had moved significant assets into offshore structures in the months before divorce proceedings. The forensic analysis enabled us to recover the full value of the concealed assets and secure adverse cost orders against the non-disclosing party.
We do not just process divorce cases. We are adept in thinking commercially and strategically about your particular circumstances and endeavour to craft a bespoke solution to your situation. We understand how business valuations work, red flags to look out for and how business interests can be factored into settlements. As a multi-service law firm we can rely on our colleagues in our tax and trusts department to consider the tax implications of different settlement structures, how to achieve long-term financial security and steps that can be taken for wealth protection. Our experienced team are skilled in negotiation tactics and settlement psychology.
Our solicitors combine a sensitive and authoritative approach to obtain the best possible outcomes, often through difficult times.
Case example: A client approached us after receiving initial advice from another firm to accept a settlement based on the book value of a family business. Our team conducted an independent valuation using EBITDA multiples and discounted cash flow analysis, which revealed the business was worth substantially more than its book value indicated. The revised valuation formed the basis of a significantly improved settlement.
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Our Services
Divorce & Separation
We guide clients through the divorce process from issuing a divorce application (either on a joint or sole basis) to the appropriate time to apply for a Conditional and Final Order. It is important to consider carefully the timing as the Court is unable to make a financial order until a Conditional Order has been granted. It is also important to consider the timing of making an application for a Final Order. Usually, it is not advisable to do this before a financial order has been made by the Court as one party may lose benefits under a pension or life insurance party if a Final Order of divorce is made before a financial settlement is reached. This may have consequences if the paying party were to die.
Case example: A client approached us after attempting to manage their own divorce application and encountering difficulties in serving the other party with the proceedings. We took over the proceedings and were able to obtain an order from the court for an alternative method or service to be used.
International & Cross-Border Divorce
If your divorce spans multiple jurisdictions or involves international assets, we provide expert guidance on the selection of the most advantageous forum , and are experienced in assembling a team for you that spans different countries.
Discretion
For high-profile clients and those prioritising discretion, we are able to utilise the courts “lock and key” procedure to ensure that divorce proceedings are kept private. In respect of financial negotiations we can facilitate private arbitration proceedings, mediation and collaborative law options all of which offer a higher degree of privacy than court proceedings. We can work with our colleagues in our Dispute Resolution team who are experts in reputation and media management, confidentiality proceedings and privacy protection strategies.
Case example: We resolved a divorce for a couple who were both prominent in their respective industries. The entire matter, from initial instruction through to final financial settlement, was conducted through private arbitration with confidentiality protections in place. Neither party’s identity nor the terms of the settlement entered the public domain.
Financial Settlements
Our team specialises in advising our clients in relation to what a court would be likely to consider a fair financial settlement based upon the relevant criteria set out in statute and case law. We are able to utilise a wide range of Non-Court Dispute Resolution methods to help you achieve a financial settlement without recourse to the courts. It is important that any settlement terms are converted into an effective order of the court to ensure that it becomes enforceable.
Case example: We acted for a client in a financial dispute involving matrimonial property valued at over £15 million, pension arrangements across three schemes, and a contested business valuation. By instructing specialist valuers and pension experts, we secured a settlement that protected the client’s long-term financial position, achieved entirely through private negotiation.
The Divorce and Financial Remedy Process in England & Wales
The divorce process will take a minimum of six months. However, the process is usually not completed until the finances have been resolved and therefore it typically takes a longer period of time (sometimes several years). Since the Divorce, Dissolution and Separation Act 2020 came into force in April 2022, all divorces in England and Wales proceed on a no-fault basis. The complexity is typically in relation to the resolution of the parties financial separation. Financial proceedings typically run parallel to the divorce.
Step 1: Initial Advice & Assessment
We will meet with you to review your particular circumstances, explain your legal rights and discuss realistic outcomes based on our experience and relevant case law.
Step 2: Divorce Application (Form D8)
We will submit a divorce application to the court on your behalf, stating that the marriage has irretrievably broken down (the only ground for divorce). We will discuss with you whether you wish to initiate proceedings on a sole or joint basis. We will deal with the mechanics via the online portal.
Step 3: NCDR and Financial Application to the Court
In tandem with the divorce proceedings, the separation of your financial affairs will also need to be addressed. We will discuss with you Non-Court Dispute Resolution (“NCDR”) options and which, if any are appropriate in your circumstances. It is a requirement that you attend a Mediation Information and Assessment Meeting (“MIAM”) to receive information about the options to resolve matters outside of the court system. You are required to demonstrate that you have actively sought to engage in NCDR. There are a wide range of NCDR methods including (but not limited to) private negotiation, round table meetings, mediation, arbitration, private FDRS and Early Neutral Evaluation.
In the event that NCDR is inappropriate (only in very limited circumstances) or you have tried NCDR and it has been unsuccessful then we may advise you to issue an application to the Court to start the timetable running. This is done by filing an application known as a Form A via the online portal.
Step 4: Financial Disclosure
Whether you proceed via NCDR or via the court process it is necessary for both parties to provide full and frank disclosure of assets, liabilities, income and any other relevant circumstances. In court proceedings this is done by completing a Form E and this form is often adopted as a convenient disclosure form in voluntary disclosure.
Step 5: First Directions Appointment
If court proceedings are commenced this is a first hearing at which the court is primarily concerned with giving directions for how the case is to proceed, for example, if the parties need to instruct an expert to value an asset
Step 6: Conditional Order
20 weeks after the divorce application is made it is possible to apply for a Conditional Order. It is important that this step is taken promptly as the court is unable to make a financial order – whether by consent or otherwise – until a Conditional Order has been made.
Step 7: Financial Dispute Resolution and Settlement Negotiations
Once the disclosure exercise is complete and any expert evidence has been obtained attempts will be made to resolve the matter by negotiation. In court proceedings the next hearing will be a Financial Dispute Resolution Hearing. Typically, we will take this process outside of the court and engage the services of a private tribunal who will hear the arguments put forward by both parties and give an indication of the likely bracket in which the case should settle. If no proceedings have been issued this step can also be an effective step to resolving matters. Following an indication by the tribunal we would negotiate with your spouse’s legal team to try and reach a settlement. In our experience, resolution frequently occurs at this stage – or shortly thereafter – without the emotional and financial costs of litigation.
Step 8: Agreed Consent Order
If the parties are able to reach an agreement then we will draft an agreement which both parties will sign. This will then be submitted to court for a judge to consider and, if approved, it will be made into an Order which the court seals and makes final. This becomes binding and enforceable.
Step 9: Final Hearing
If the parties are unable to reach a consensual agreement then the matter will continue to a contested Final Hearing at which each party will have the opportunity to present their case and will give evidence. The judge will then impose an order upon the parties, dictating the terms of their financial separation.
Step 10: Final Order
Once the Court has made an order dealing with the finances we will make an application for a Final Order, formally dissolving the marriage. You are divorced.
Credentials & Accreditations
- Chambers HNW 2025: Band 1, Leading Firm for Family Law
- Chambers UK 2026: Band 1, Leading Firm for Family Law
- Legal 500 UK 2025 & 2026: Top Tier, Leading Firm, Family Law
- ePrivateclient 2025: Tier 1 Ranking, Top Family Law Firms
- Doyle’s Guide 2025 & 2026: First Tier, Leading Family & Divorce Law (London)
- Spear’s Family Lawyers Index 2025: Featured for top family lawyers
- Chambers HNW Awards 2024: Winner, Family Law Team of the Year
Meet Our Divorce Team
Our divorce team is led by some of the most experienced and recognised family lawyers in England and Wales. Each brings specialist expertise across different aspects of divorce law.
Baroness Shackleton of Belgravia LVO
Partner
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Nick Manners
Partner
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Ben Parry-Smith
Partner
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Victoria Hingston
Partner
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Simon Beccle
Partner
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Matthew Booth
Partner
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Harriet Errington
Partner
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Charlotte Skea-Strachan
Legal Director
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Katie Parkes
Legal Director
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Frequently Asked Questions
A divorce solicitor is a legal professional qualified to advise and represent clients through separation and divorce and in relation to their financial separation. They provide guidance on the legal process, the relevant law and alternatives to court proceedings. A good divorce solicitor combines legal expertise with commercial awareness and emotional intelligence to guide clients towards fair and sustainable outcomes.
Family law solicitors advise clients in respect of a broad range of legal issues, including divorce, separation, cohabitation, financial remedies, child arrangements, relocation and abduction of children, domestic abuse, surrogacy and adoption. They will represent a client’s best interests through negotiation, Non-Court Dispute Resolution or through litigation.
The costs will depend on the complexity of the case, the degree of co-operation between the parties and whether the matter resolves through negotiation or requires court proceedings. Straightforward uncontested divorces are typically less expensive than complex high-net-worth cases involving business valuations, international assets or contested proceedings. Our charges are calculated by the time that we spend dealing with your matter.
At Payne Hicks Beach, we endeavour to provide a clear cost estimate at the outset and to keep you informed as your case progresses. We believe in transparency and ensuring our clients understand the value of the legal work being undertaken on their behalf.
Choosing the right divorce solicitor is one of the most important decisions you will make during separation. It can be a highly personal decision as you will need to work closely with your chosen adviser and will need to share with them your private information. It is advisable to consider solicitors ranked by independent legal directories such as Chambers, Legal 500 and Spear’s, where Band 1 and Top Tier rankings indicate sustained excellence and that an individual is held in high regard by their peers.
In England, the sole ground for divorce is that the marriage has irretrievably broken down. Before the Divorce, Dissolution and Separation Act 2020, which came into force on 6 April 2022, it was necessary to rely on one of five facts to evidence that the marriage had broken down (adultery, unreasonable behaviour, desertion, 2 years separation with consent, or 5 years separation). Since 6 April 2022, the sole basis for granting a divorce has been that the marriage has irretrievably broken down. A statement to that effect will suffice, and there is no longer any requirement to provide evidence.
Once an application for divorce has been made, there will then be a minimum of twenty weeks’ “cooling off” period before the applicant(s) can apply to the court for a conditional order of divorce. This period is designed to give the parties time to reflect and to endeavour to resolve issues related to children and money. It is anticipated that the minimum period to obtain a divorce will be 26 weeks.
In practice, whilst the divorce could be obtained in 26 weeks, it is inadvisable to complete the process until such time as the finances have been resolved. Consequently, the divorce process is likely to take significantly longer than 26 weeks.
The divorce process begins with a divorce application, which can be filed jointly or individually. The sole ground for divorce is that the marriage has irretrievably broken down. At the same time as the divorce process commences, it is necessary to consider how the parties will disentangle themselves financially. This can be done consensually or by initiating proceedings in court. Whichever route is adopted, the process will start with each party producing a detailed financial disclosure to build a complete financial landscape against which negotiations can be conducted on how assets will be divided. Specialist advice can help ensure the optimal outcome.
A Form E is the standard Financial Statement used in divorce proceedings in England and Wales. Both parties must provide full and frank disclosure of their income, assets, liabilities, pensions and living expenses. It is extremely important that the disclosure exercise is completed carefully. Incomplete or misleading disclosure can result in adverse inferences being drawn, costs orders being made or an order being set aside.
Mediation is a voluntary process in which the parties agree to meet with a neutral mediator to help them reach an agreement between themselves. Mediation can be used to resolve matters relating to finances and child arrangements.
Collaborative law is a process in which both parties and their lawyers commit to resolving divorce matters through negotiation rather than court proceedings. If collaborative attempts to reach a settlement fail, both lawyers will withdraw from the process, and the matter goes to court with new representation.
Arbitration is a private process in which an independent arbitrator (usually a senior family lawyer or retired judge) hears evidence from both parties and makes a binding decision on financial settlement and/or child arrangements. It is confidential, faster than litigation and enforceable in courts worldwide. Other benefits are that it is quicker and can be arranged to suit the parties’ convenience in terms of location and timing.
A clean break order ends the financial ties between former spouses permanently. Once sealed by the court, neither party can make further financial claims against the other (unless they are seeking to reopen the original settlement in certain limited circumstances such as where there has been fraud or material non-disclosure). The court is required to consider in every case whether a clean break is achievable and appropriate. However, they are not always possible, for example, where one spouse has a disability that prevents them from becoming financially independent.
The family home is often the most valuable and emotionally significant asset. The court may provide for the property to be sold and the net equity divided between the parties, that the property is transferred to one spouse as part of their share of the assets or may order a deferred sale (known as a Mesher order and usually to enable one party to remain in the home with the children until they reach their majority). The court’s approach depends on both parties’ needs, children’s welfare and overall fairness.
Unmarried couples do not have the same legal rights as married couples. However, they may have rights in relation to property. If children are involved, you can apply for financial support for the child under Schedule One of the Children Act 1989.
Early specialist legal advice is essential. Both parties will be required to provide full and frank disclosure of all assets and income. Complex assets may require expert advice on structure and value. If you believe assets have been dissipated or hidden, expert assistance can help identify them.
Case example: A client instructed us after discovering that their spouse had begun transferring assets to family members in anticipation of divorce proceedings. We obtained an emergency freezing order within 48 hours, preventing further dissipation and preserving the matrimonial estate for fair division.
Failure to disclose assets is a serious breach of the duty to give full and frank disclosure. We can instruct asset tracers to identify concealed wealth, work with forensic accountants to uncover hidden assets, seek adverse inferences (court assumptions against the dishonest party), pursue contempt proceedings for breach of court orders and obtain worldwide freezing orders to secure assets.
If there are business interests that need to be valued, we will instruct an appropriately qualified expert to opine on the value. This is typically done pursuant to a Court order and will be on the basis that the expert will be a Single Joint Expert (“SJE”) whose responsibility will be to produce a report to the Court.
Case example: We instructed independent experts to value a group of private companies where the shareholding spouse had argued the businesses were worth significantly less than their true market value. The expert analysis, using multiple valuation methodologies, established a value more than three times the originally proposed figure, providing the basis for a substantially improved settlement.
Trusts may be complex. Courts take a pragmatic approach, looking beyond legal formality to assess whether a party has genuine control over trust assets, whether they receive substantial distributions and whether trust structures are genuine or designed to avoid the other party being able to access assets.
At Payne Hicks Beach, our family lawyers work closely with our private client and trust specialists to provide coordinated advice on trust-related issues in divorce.
Non-matrimonial property (such as assets owned before marriage or acquired after separation or inheritances) may be treated differently and excluded from the sharing exercise. However, if necessary, those assets may be invaded to meet the needs of the parties.
In the case of Standish v Standish [2025] the court made clear that non-matrimonial property should be excluded from the sharing exercise and went on to opine that non-marital property can become matrimonialised if the assets are treated as joint property during the currency of the marriage.
Pensions may be a significant asset that falls into the pot of matrimonial assets. There are a number of ways that the court may deal with pensions. They can be divided through pension sharing orders (a percentage of pension rights transfers to the other spouse into their own separate pension), pension offsetting (one party receives a larger share of other assets in exchange for the other keeping the pension) or earmarking orders (a percentage of future pension payments goes to the other spouse, though this is less common). Specialist pension advice is often required to understand tax implications and optimal division.
Child maintenance (or child support) is a financial provision for children after separation. It is typically calculated using the Child Maintenance Service (CMS) formula (income-based calculation for standard cases), court orders (for incomes above the CMS threshold or where CMS does not apply), or maintenance agreements between parents (which can be entirely voluntary or can be made enforceable by converting the agreement into a court order).
If the paying parent earns in excess of £156,000 per annum net, then the court retains the ability to make top up provision.
Yes. Spousal maintenance is financial provision for an ex-spouse (rather than children). It is discretionary and calculated based on the needs of the lower-earning spouse and the ability of the higher-earning spouse to pay the term of a maintenance order may vary. It may be for a specific period to enable one party a period of adjustment to become self-sufficient or in some cases it may be made for the joint lives of the parties. Maintenance will end on the death of one party or if the recipient enters a new marriage or civil partnership.
If you divorced without a financial order, it may still be possible to make an application for financial provision even if many years have passed since separation provided that you have not re-married. Such applications require careful consideration and early legal advice is advised.
Yes. Either party may file an application for divorce. Since 6 April 2022, a couple who are in agreement may file the application jointly.
It is no longer possible to defend a divorce application. The only grounds upon which a divorce or dissolution may be disputed are if a challenge is made to the validity or subsistence of the marriage/civil partnership or if a challenge is made to the jurisdiction of the court to hear the application.
No. There is usually no need for either party to attend court.
Until a Final Order of divorce is granted by the court, the marriage subsists. Up until that point, it is possible to invite the court to dismiss the divorce application.
Yes, it is technically possible to get divorced without the benefit of a solicitor. The divorce process is relatively straightforward and can be completed via the citizens online portal. However, sorting out the finances without the benefit of legal advice is less straightforward and may result in you receiving less than you are entitled to. It is also imperative to obtain a court-sealed financial order or financial claims may remain open. For any case involving meaningful assets or complexity, specialist advice is strongly recommended.
A non-molestation order protects individuals and children from harassment, violence, or abuse by a partner or ex-partner. The court can grant such orders urgently for safeguarding, and a breach results in criminal penalties.
The Family Law Act 1996 is designed to offer protection to associated persons from domestic abuse. It includes occupation orders (regulating who may occupy a home) or non-molestation orders (requiring one party to refrain from contacting or going near the other).
Yes. If you are experiencing abuse, we can offer sympathetic advice on steps that you can take to obtain emergency protection (non-molestation and occupation orders). We are also able to refer you to appropriate support services. We are also able to assist you with making appropriate accommodations for you to give best evidence at court by inviting the court to offer special measures. This may include giving your evidence from behind a screen or using a separate entrance to enter court to avoid contact with your former partner.
Support is available. Contact us in confidence.
Not all family lawyers advise on these areas, and a specialist is required to navigate the complex procedures. We have several specialist lawyers who can assist with these matters.
Insights
Can Postnuptial Agreements Simplify Separation Decisions?
Should I have a petnuptial agreement?
Contact Us for a Confidential Consultation
If you are considering divorce or need expert advice on separation, financial settlement or child arrangements, our team is here to help. We are happy to discuss your circumstances, explain your options and set out a clear path forward.