Family

Our team is made up of experts who will handle your case confidentially and with sensitivity and tenacity. We understand how to protect our clients’ interests and will always try to ensure the best outcome for all those involved in a family break up.

Our work ranges from assisting with cohabitation/pre-nuptial agreements and advising on family mediation, to dealing with forensic analyses/disclosure issues in financial disputes, and working with clients on international claims and asset recovery issues which involve foreign nationals.

We also advise on questions relating specifically to children, from helping to resolve everyday arrangements, to surrogacy and international child abduction. Our team is comfortable both in assisting with traditional procedures, enforcing legal separation and divorce, and using alternative dispute resolution including mediation and collaborative models where these are best suited to our clients’ needs.

Divorce is often a painful process, and your choice of legal representation will make all the difference to your experience. We will guide you through the process, ensuring that your interests are looked after, whilst avoiding unnecessary cost, stress and anxiety.

When considering your financial entitlement, we will ensure that your voice is heard, and we will encourage a sound agreement if possible. If a reasonable settlement is not possible then we will provide first class legal advice and judgement to guide you through the process to the contested hearing.

We are experienced in advising on complex financial situations and have relationships with tried and trusted experts in areas such as forensic accountancy. We also advise on questions of jurisdiction which are raised now with increasing frequency.

We never forget that our fees are most often paid from family savings and at a time when most people can least afford it. Our costs are reasonable and transparent and we will provide you with regular updates on accumulated fees.

The law which governs rights on the breakdown of a co-habitation is complex and the consequences can sometimes come as a surprise. There are widespread misconceptions in this area, for example the idea of a ‘common law marriage’ which, in reality, does not exist in the UK.

When co-habitation breaks down you need to obtain legal advice from a specialist who understands the intricacies of this area. We explain the law clearly and will clarify your options so that you understand your position. We address the issues with understanding and tact, taking a conciliatory and pragmatic approach wherever practicable. However, we are tough opponents if that becomes necessary.

Disputes regarding child issues are rarely straightforward. The right legal advice and guidance is clearly of critical importance.

We understand the court process and how judges are likely to interpret the law. The law always focuses on what is best for the child and we will work with you to increase the likelihood that the outcome will be the best for you too. We regularly deal with issues of residence (where a child lives, and with whom), contact, and specific issue disputes, such as the choice of school.

Voices in the Middle

We are proud to have been chosen as a regional partner of the charity Kids in the Middle, and to be given the opportunity to promote its ‘Voices in the Middle’ campaign within the Greater London area.

All too often during a separation, when parents are stressed and angry at each other, the real interests of the children can be overlooked.  One way of changing this is to show parents how children feel during this process and Voices in the Middle does this. The charity also provides support for children going through the separation process.

Pre-nuptial agreements

Pre-nuptial agreements are becoming increasingly popular and although they are not enforced automatically, they can have a significant effect in determining entitlements in the event of a subsequent breakdown.

We advise people who are planning to marry or enter civil partnership on what to expect if the relationship breaks down, and we also prepare pre-nuptial agreements to prepare for this eventuality.

Cohabitation agreements

Before couples start to live together it is important for them to consider an agreement which will set out the rights of each party to property (amongst other issues) in the event of a break-up.

We always encourage people embarking on co-habitation to enter into a co-habitation agreement.

Such an agreement clarifies each party’s intentions and can prevent a great deal of anguish and legal expenditure further down the line. We will prepare an agreement tailored to your needs.

There is an increasing understanding that alternative models of resolving problems or disputes can be invaluable in helping individuals reach an agreement, avoiding the emotional and financial cost of litigation. We take a creative and progressive approach to problem- solving and where possible we encourage our clients to resolve matters without the need for court proceedings.

Mediation can be hugely beneficial – enabling individuals to involve themselves more personally and directly in the negotiations and decision-making process. The mediator is an impartial third party who sees both people at the same time and assists the parties in reaching an agreement.

Mediation is a very flexible model and the process can be moulded to fit the individual circumstances of the case – it can be used to deal with a single problem, or equally well used to cover a whole spectrum of issues.

In Collaborative law, clients take an active part in the negotiation process and they report a very high level of satisfaction with this approach to problem solving. In this model, negotiations take place for the most part during round table meetings with the parties and the lawyers in attendance. The approach is once again constructive and consensual, providing the opportunity for clients to be present and involved in the decision-making whilst retaining the protection of legal advice throughout.

Jane McDonagh, Lara Wulwik and Tessa Bray are Family Mediators and Jane is also a Resolution-trained Collaborative lawyer. Lara Wulwik conducts Mediation Information and Assessment Meetings (MIAM). Before an application can be made to court, parties are now required to attend a MIAM. The aim of the meeting is to see if mediation, or any other alternative dispute resolution method, could be used to resolve difficulties, rather than going straight to court.

Understanding mediation

If you are considering separating from your partner, the process of divorce can seem daunting. You are not alone in feeling like this and the family team at smb are regularly asked about the process of divorce and mediation. Below we have compiled some of the most popular questions that clients ask us about mediation to help sign post you to your next steps.

What is the process of divorce mediation in the UK?

Divorce mediation in England & Wales is a collaborative process where a neutral third party, the mediator, helps couples resolve disputes and reach agreements on various aspects of their divorce. We guide couples through the following steps:

1. Initial consultation
2. Information gathering
3. Identifying issues
4. Negotiation sessions
5. Drafting agreements
6. Legal review and finalisation

Our experienced mediators in London help couples communicate effectively, explore options, and find mutually beneficial solutions, often saving time and money compared to court proceedings.

How long does divorce mediation last?

The duration of divorce mediation in London varies depending on the complexity of issues and how easy it is for you and your ex-partner to communicate constructively in this forum . Typically, mediators complete the process in 3-6 sessions over 2-3 months. However, some cases may resolve more quickly, while others might require more time and there isn’t a hard and fast rule for all.  Our goal is to help you reach a fair agreement efficiently, tailoring the process to your specific needs and circumstances.

What alternatives to court are available for divorce in the UK?

In the UK, several alternatives to court are available for divorcing couples:

1. Mediation
2. Collaborative law
3. Arbitration
4. Negotiation through solicitors

It is important to speak with a qualified family lawyer who will be able to guide you through these options, helping you choose the most suitable approach for your situation. These alternatives often prove faster, less expensive, and less confrontational than court proceedings. We recommend the sooner you can speak with a solicitor to explain your options the better.

Can I skip mediation and go straight to court?

While it’s possible to go straight to court for divorce proceedings in the UK, it’s generally not recommended without first attempting mediation, except in certain limited circumstances, which we can discuss. Since 2011, most couples are required to attend a Mediation Information and Assessment Meeting (MIAM) before filing for court proceedings. The SMB family team can help you explore whether mediation is suitable for your case. In some instances, such as cases involving domestic abuse, you may be exempt from the MIAM requirement.

What does MIAM mean? What are MIAM requirements for divorce and how do they work?

MIAM stands for Mediation Information and Assessment Meeting. It’s a mandatory first step if you are considering court proceedings. If you’re not planning to issue contested proceedings at court, then a formal MIAM isn’t needed and your suitability for mediation will be assessed and discussed with you by the mediator at your first one-to one session

How is child custody handled in divorce mediation in the UK?

In UK divorce mediation, child custody (referred to as “child arrangements”) is a primary focus. Our family team helps parents:

• Develop a parenting plan
• Agree on residence and contact schedules
• Address education and healthcare decisions
• Resolve holiday and special occasion arrangements

We encourage parents to prioritise their children’s best interests and foster cooperative co-parenting relationships. The team at SMB can help you navigate these sensitive issues effectively.

Can I reach a divorce financial settlement without going to court in the UK?

Yes, it’s possible and often preferable to reach a divorce financial settlement without going to court in the UK. We can help you:

• Disclose all relevant financial information
• Identify and value assets and liabilities
• Negotiate fair division of property and assets
• Address pension arrangements
• Agree on spousal and child support

Once an agreement is reached, we can help you formalise it by preparing a consent order, making it legally binding without the need for court hearings.

What’s the difference between collaborative divorce and mediation in the UK?

While both collaborative divorce and mediation are alternatives to court in the UK, they differ in several ways:

Mediation:

• Involves a neutral mediator facilitating discussions
• Couples negotiate directly with each other
• Less formal, often less expensive
• Mediator do not provide legal advice although they can indicate whether a particular solution is within the options a court would make in a given situation

Collaborative Divorce:

• Each party has their own collaboratively trained lawyer
• Negotiations occur in four-way meetings and the lawyers always take a constructive approach to negotiations
• More structured, may involve other professionals, for example financial advisors
• Lawyers can provide legal advice throughout the process

Our London firm offers both services, helping you choose the most appropriate option for your situation.

What should I look for when choosing a divorce mediator in the UK?

When selecting a divorce mediator in the UK, particularly in London, consider the following:

• Qualifications and training
• Experience in family law and mediation in your jurisdiction. Often at SMB there can be an international element of the couple which needs specialist knowledge
• Specialisation in relevant areas for example dealing with high net worth individuals
• Communication style and approach.

If you are considering a divorce, please do contact our London based family team who will be able to discuss your options and advise on what is best for your personal circumstances.

If you are French and based in England, or British and living in France, our Anglo-French Family lawyers have considerable experience working on cross-channel cases. Our French-speaking team works closely with a strong network of experts in France.

“They handled complicated matters with good, sound advice.” Chambers and Partners, 2023

“The client service and overall communication with SMB were perfect on every occasion” Chambers and Partners HNW, 2022

“They have a very strong team. They are definitely a good firm in the market” Chambers and Partners HNW, 2022

“I hold them in high regard. They are very good for both businesses and individuals and they do work in a lot of specialisms.” Chambers and Partners, 2021

“The team work and communicate seamlessly behind the scenes always presenting clear information and options while progressing through the divorce process. Quick, efficient, knowledgeable and personable.” Legal 500, 2023

“I had a very personal service and I was always very confident that I was in safe hands. My divorce was settled effortlessly and Tessa was key to making sure the friendly relationship I have with my ex wife was maintained. Strong support between partners and associates. Good team ethos. Tessa Bray – sound judgment, good with clients and easy to work with.” Legal 500, 2023

“A diverse and talented team of family lawyers with a wealth of international experience and a great deal of expertise for clients in the media world. They are a vibrant and energetic group who are totally committed to achieving the best possible result for their clients.” Legal 500, 2023

“First rate team who get excellent, high value work. They organise and prepare the case extremely well, and are very ready to put in the effort on the most complex disputes. Jane McDonagh – First rate litigator, beloved by clients and counsel alike. Fine strategic and tactical thinker, gives very sound advice on both outcome and process to achieve the best result.” Legal 500, 2023

“They standout by their profound knowledge and ability to handle international projects, involving two or more jurisdictions at the same time. All lawyers from Simons Muirhead Burton LLP are excellent communicators and professional.” Legal 500, 2023

“SMB is an excellent, confident, and classy outfit. They are slightly under the radar which in ways gives them the edge over their competitors. Jane McDonagh has done a truly excellent job in leading the team and building it to the size it is today. Tessa Bray is stand-out brilliant – tough but fair and a joy to deal with. Tom Farley-Hills is excellent.” Legal 500, 2023

“Its thoroughness is breath taking and the team is  always one beat ahead. Level headed and pragmatic the lawyers gave me utterly sound advice. But also its human and empathetic side meant that the lawyers felt like partners rather than service suppliers” Legal 500, 2022

“SMB is an under-rated but truly excellent practice. It has quite an inimitable style of being slightly under the radar, compared to some of its more “shouty” competitors which clearly pays dividends. A strong and classy act.” Legal 500, 2022

“A growing presence with, rightly, growing recognition as a class act of a team.” Legal 500, 2022

“My impression of the Simons Muirhead Burton family practice is that it has a modern and progressive perspective, coupled with an effective and yet still compassionate approach. I view the team as definitely on the up.” Legal 500, 2021

“The lawyers are always ahead of the game when it comes to the opposing party, which has been such a key strength. Legal 500, 2021

“A very reliable firm, prompt with their responses and with the work.” Legal 500, 2021

“A very strong young team and guides it well – it is a star firm of the future.” Legal 500, 2019

“A rising family department that is easily able to take on the well-established ‘Magic Circle’ firms.” Legal 500, 2019

“Attracts high calibre clients.” Legal 500, 2019

“Outstanding and very thorough.” Legal 500, 2018