How “private” are Private FDRs?

Connie Atkinson was published in the October 2022 edition of ThoughtLeaders4 HNW Divorce magazine discussing the rise of cryptoassets in financial remedies.

The Court of Appeal recently handed down judgment in Helliwell v Entwistle [2025] EWCA Civ 1055, examining the importance of disclosure when entering into a pre-nuptial agreement.

On 30 July 2025, Mr Justice Peel handed down a judgment in the case of BC v BC [2025] EWHC 2016 (Fam), confirming the “sanctity of confidentiality” about Financial Dispute Resolution (‘FDR’) and private FDR (‘pFDR’) hearings.  

On 2 July 2025 the Supreme Court handed down its long-awaited judgment in the case of Standish v Standish. Practitioners have been particularly interested to see if, and how, the Court would develop the judicially created principles of ‘needs’, ‘compensation’, and ‘sharing’ which apply to the division of finances on divorce. In particular, what would the Court say in relation to ‘the sharing principle’: should all assets be shared, or only those generated by the parties’ common endeavour during their marriage?

In this blog we consider whether a pre-nuptial agreement is a good option to help protect the estates of vulnerable individuals in the event that their marriage should come to an end.

Whether you consider yourself neurodiverse, you are the loved one of someone who is neurodiverse or you want to support a neurodivergent individual in family proceedings, this blog provides a summary of the best practice which should be used by family lawyers to help neurodivergent individuals navigate the family legal system.

In honour of Pride Month, we are discussing (and celebrating) the diverse paths to parenthood within the LGBTQ+ community. For couples or individuals looking to start a family, there are a number of options available, each with important factors and implications to consider. This short blog touches on some of those considerations.

We are seeing that most HNW advisors regularly signpost clients to the importance of entering into a prenuptial agreement prior to marriage. From our perspective, prenuptial agreements have been rising in popularity, in particular following the 2010 Supreme Court judgment in Radmacher v Granantino, and rightly so.  These agreements offer a useful planning tool and can, when drafted appropriately, remove the uncertainty and conflict of contentious divorce proceedings.  Alongside the pre-wedding planning, it is important to recognise the need for legal agreements prior to the start of other relationships, or before an international relocation. A prime example of this, which we are seeing more frequently in our practice, is in relation to the French PACS status.

Kingsley Napley represented the applicant parents in the case of Mr and Mrs K v Mr and Mrs Z [2025] EWHC 927 (Fam). The High Court judgment offers importance guidance for those who are intending on entering into a surrogacy arrangement in the future. 

The English Channel, La Manche, is only 350 miles long, separating England from France.  When looking at divorce principles however, we have historically been oceans apart from France, with significant differences in outcome depending whether the proceedings have taken place in France or in England.  French law is based on a civil code, with divorce law applying property regimes to the division of assets, which is often incompatible with the common law, discretionary system in England.  In the early years of my Anglo-French practice, French couples living in England were often taken aback to learn that the property regime they chose when they signed their French marriage contract might not be applied by English judges if they divorced in England.

Following the launch of Nuptial, a new service which provides advice on entering into, amending, or contesting pre or post nuptial agreements, we look at the Law Commission’s Scoping Report and some of the different situations that couples are using nuptial agreements.

Pre-nuptial agreements can inevitably protect one party more than the other. Where does this leave love, romance, and the wedding? If not handled correctly, negotiating a pre-nup can have a huge impact on the relationship and wedding preparations.

As family lawyers, we are used to meeting our clients at a time when they are at their most vulnerable. This is intensified when addiction is present within a family. Divorce or separation places an added burden upon everyone involved and those individuals are likely to have experienced or still be experiencing the destruction that addiction can cause, some of it obvious and some of it less so.

Being alive to the particular challenges which may present themselves in a divorce involving addiction is essential but this should be balanced with an understanding that the issues are likely to be different for each client and for each family.   

Emotions can run high in legal disputes, particularly in cases involving succession and inheritance, as well as in a family context. In this blog we explore what happens when allegations are made about parentage (more often than not, paternity) and what can be done about it.

It is now 15 years since the UK Supreme Court gave its judgment in Radmacher v Granatino [2010] UKSC 42 on the use and effect of prenuptial (premarital) contracts.

London has long been a popular city for French expats, and despite the reported drop post- Brexit, is still home to a reported 100,000 French nationals many of whom applied for settled status. There are 9 bilingual French schools in London and with the Eurotunnel celebrating 30 years of operation, London remains an attractive residence for French professionals.

It is now some fifteen years since the UK Supreme Court gave its landmark decision in the case of Radmacher v Granatino [2010] UKSC 42 on the use and effectiveness of prenuptial agreements.  

It is some 15 years since the landmark decision of the Supreme Court in Radmacher v Granatino [2010] UKSC 42 changed the law on prenuptial agreements.

For those who have current or future wealth to protect or who are marrying for the second or third time perhaps, arranging a prenuptial agreement could be an essential part of the “wedmin” leading up to the big day. 

This week marks Children’s Mental Health Week, a mental health awareness week launched by children’s mental health charity, Place2Be. The theme this year is Know Yourself, Grow Yourself, and, through the characters of Pixar’s Inside Out, seeks to explore the importance of self-awareness and expressing emotions.