Frequently Asked Questions | AFP Bloom

Question 1

What should I look for in a specialist family lawyer for a high-value divorce?

Accepted Answer

Look for experience in complex financial cases, a clear strategy from the outset, and a lawyer who will be honest with you. In high-value cases you need someone who understands business valuations, trust structures, offshore assets, and how to work alongside your wider advisory team. Look for a track record in reported cases and complex litigation, and a firm small enough that you will always know who is handling your matter.

Question 2

How will you work with my other advisers (private wealth team, trustees, accountants, family office)?

Accepted Answer

AFP Bloom works closely and collaboratively with your wider advisory team. In high-value cases, divorce intersects with tax planning, trust structures, business interests, and succession. We sit alongside private wealth lawyers, accountants, and family offices to ensure the legal strategy and financial strategy are aligned.

Question 3

What is a complex or high net worth divorce case?

Accepted Answer

A high net worth divorce typically involves significant assets: property portfolios, business interests, investments, pensions, trusts, or offshore structures. Cases become particularly complex when assets are hard to value, when there are disputes about what should be included in the matrimonial pot, when one party has failed to give full financial disclosure, or when there are international elements.

Question 4

How much does a high net worth divorce cost in England?

Accepted Answer

Costs depend on the complexity of the finances, the level of conflict, and how much can be resolved by agreement rather than through court. At the straightforward end, a financial settlement might be reached through negotiation or mediation at relatively modest cost. Highly contested litigation involving multiple hearings, expert witnesses, and forensic investigation can run to significant six-figure sums.

Question 5

How do family law firms charge fees?

Accepted Answer

Most family law firms charge on an hourly rate basis for time spent on your matter — correspondence, calls, drafting documents, court hearings, and preparation. Some firms offer fixed fees for specific stages of a case. AFP Bloom is always transparent about how fees work and provides regular cost updates throughout your case.

Question 6

What happens if my spouse controls most of the money — can I still get proper representation?

Accepted Answer

Yes. The court has specific powers to ensure both parties can participate fairly in proceedings. You may be able to apply for a Legal Services Payment Order, which requires your spouse to fund your legal costs from matrimonial assets. Litigation funding — borrowing against your anticipated settlement — is also an option in some cases.

Question 7

How will I pay for my divorce?

Accepted Answer

If you have access to your own savings or income, you can pay legal fees directly. If your spouse controls the finances, you may be able to apply to the court for a Legal Services Payment Order. Litigation funding — specialist loans secured against your expected settlement, repaid when the case concludes — is another option where assets are tied up or access to funds is restricted.

Question 8

How are assets divided on divorce in England and Wales, especially in higher-value cases?

Accepted Answer

England and Wales operates a discretionary system — there is no fixed formula. The starting point is an equal division of matrimonial assets, but the court can depart from equality where circumstances justify it. In higher-value cases, key issues include what counts as a matrimonial asset, how business interests are valued, the treatment of trusts and offshore structures, and the weight given to each party's contribution.

Question 9

I own a business or partnership interest. How will that be treated in a divorce?

Accepted Answer

A business interest is a matrimonial asset subject to the financial remedy process. It will typically need to be valued by a jointly instructed expert. An outright sale is rarely ordered — more commonly, one party retains the business and the other receives equivalent assets. Where liquid assets are insufficient, deferred or structured payment arrangements may be agreed.

Question 10

What happens to trusts, offshore companies, or family wealth structures if we divorce?

Accepted Answer

The court looks at the substance, not just the legal form, of any trust or offshore structure. If a party has effective control over or benefit from trust assets, the court may treat them as available resources. Full disclosure of all structures is required, and attempts to shelter assets behind trusts or companies are closely scrutinised.

Question 11

What if my spouse is hiding assets or refusing to give full financial disclosure?

Accepted Answer

Full financial disclosure is a legal obligation in divorce proceedings. If your spouse fails to comply, the court can order specific disclosure, direct third parties to produce records, and draw adverse inferences from incomplete information. A freezing injunction can be obtained urgently if there is a risk assets will be moved or dissipated.

Question 12

What is a freezing injunction (freezing order), and when might I need one?

Accepted Answer

A freezing injunction is a court order that prevents a party from disposing of, moving, or dissipating assets before a financial settlement is reached. You may need one if there is a real risk your spouse will sell assets, transfer money offshore, or otherwise reduce the matrimonial pot. Applications can be made urgently and without notice in serious cases.

Question 13

What makes a divorce case complex?

Accepted Answer

Complexity in a divorce case usually comes from significant or varied assets (businesses, trusts, property portfolios, pensions), an international element, disputes about financial disclosure, a high-conflict dynamic, or genuinely contested children arrangements. Complex cases require specialist expertise, careful strategy, and experienced lawyers who have handled similar situations before.

Question 14

What makes a divorce 'high conflict'?

Accepted Answer

A high-conflict divorce is one where the parties are unable to reach agreements, communication has broken down entirely, and one or both parties approach proceedings as a battle rather than a process to be resolved. These cases tend to take longer, cost more, and require a different strategic approach — demanding clear boundaries, firm case management, and a lawyer who remains strategic rather than drawn into the conflict.

Question 15

My assets are in several countries. Which country will deal with our divorce and finances?

Accepted Answer

Jurisdiction is determined by factors including habitual residence, domicile, and in some cases nationality. Different countries produce very different outcomes — England and Wales is often considered one of the most favourable jurisdictions for the financially weaker party. In international cases there is frequently a race to issue proceedings first, which is why early specialist advice is critical.

Question 16

Can I relocate abroad with my children after separation, or stop my co-parent moving them?

Accepted Answer

You cannot take your children to live permanently abroad without either the consent of everyone with parental responsibility or a court order permitting the move. Doing so without permission can constitute child abduction. If your co-parent may attempt to remove your children without consent, you can apply for a Prohibited Steps Order — which can be obtained very quickly in urgent cases.

Question 17

How does divorce work if we have connections to both England and France?

Accepted Answer

Anglo-French divorces are complex because France and England take very different approaches to dividing matrimonial assets. Jurisdiction strategy is critical — proceedings in France may produce a significantly different outcome from proceedings in England. AFP Bloom has a dedicated Anglo-French team with bilingual lawyers who work regularly on cross-border cases.

Question 18

How long will my divorce take, and what are the main stages?

Accepted Answer

The divorce itself typically takes six to twelve months. The financial settlement is a separate process — an agreed outcome can sometimes be reached within twelve months, but contested proceedings often take one to two years. The main stages are: Form E financial disclosure, First Appointment, Financial Dispute Resolution hearing, and if unresolved, a Final Hearing.

Question 19

When does a divorce case go to the High Court?

Accepted Answer

Cases are transferred to the High Court when they involve particularly large assets, significant legal complexity, or novel points of law. High Court judges handle the most complex financial remedy cases — including those with international elements or serious allegations of fraud or non-disclosure. AFP Bloom acts in High Court proceedings regularly, including in reported cases.

Question 20

What is a reported family law case, and why does it matter?

Accepted Answer

A reported case is one where the judgment is published and forms legal precedent. It means the lawyers involved handled a matter at the cutting edge of family law — novel, high-stakes, or legally significant. AFP Bloom has acted in reported cases that have directly shaped how courts approach financial claims following foreign divorces.

Question 21

How does the court deal with difficult or high-conflict personalities in divorce?

Accepted Answer

Family courts do not diagnose personalities — they focus on behaviour and its impact on the case. Judges can impose strict case management directions, make cost orders against parties who act unreasonably, and in children cases involve independent professionals. Experienced lawyers manage the litigation strategically rather than reacting to the conflict.

Question 22

How do I divorce someone with narcissistic traits?

Accepted Answer

Recognise the dynamic early and plan accordingly. Some individuals escalate conflict, resist disclosure, or treat proceedings as a battle. The most effective response is to stay focused on the legal issues and the evidence, avoid being drawn into conflict, and ensure your case is prepared with clear strategy and firm progression.

Question 23

What if my spouse keeps changing lawyers or delaying the divorce?

Accepted Answer

The court will not allow tactical delay to derail proceedings indefinitely. It can impose strict timetables, make unless orders with automatic sanctions, and award costs against a party whose conduct causes unnecessary delay. The best response is to comply fully with your own obligations and let the court see clearly who is and is not cooperating.

Question 24

What can I do if my spouse is using the legal process as a weapon?

Accepted Answer

Abusive use of litigation — excessive applications, non-compliance, or financial attrition — is taken seriously by the court. Cost orders can be made against unreasonable behaviour, and in serious cases the court can restrict future applications without permission. Documenting the pattern carefully and instructing experienced lawyers who know how to present it is essential.

Question 25

What is the best strategy for divorcing a high-conflict spouse?

Accepted Answer

Stay focused on the legal issues, not the conflict. Secure financial disclosure early, keep communication formal and documented, and be realistic about cost and outcome. The most effective approach combines genuine pursuit of settlement with readiness to litigate firmly — keeping both options open throughout.

Question 26

What happens when a divorce involves both complex finances and a very difficult personality?

Accepted Answer

This combination requires particularly clear strategic thinking. The risk is that conflict distracts from the forensic financial work the case needs. The key is knowing which battles to fight, managing disclosure rigorously, and keeping the case moving towards resolution without being distracted. This is exactly the kind of case AFP Bloom specialises in.

Question 27

How does the court decide where our children live and how their time is shared?

Accepted Answer

The child's welfare is the paramount consideration — there is no presumption in favour of either parent or for equal time. The court considers the child's wishes (depending on age), each parent's ability to meet their needs, the importance of both parental relationships, and any safeguarding concerns. Most cases are resolved without a contested hearing.

Question 28

What is a child arrangements order?

Accepted Answer

A Child Arrangements Order is a court order setting out who a child lives with and when they spend time with each parent. It replaced the old residence and contact orders and is the standard way of formalising arrangements when parents cannot agree. It is enforceable if one party does not comply.

Question 29

Can I stop my ex taking our children abroad?

Accepted Answer

If there is a Child Arrangements Order in place, the other parent cannot take the children outside England and Wales for more than 28 days without consent. If you are concerned about unauthorised removal, a Prohibited Steps Order can be obtained — in urgent cases, within hours.

Question 30

What happens to children's arrangements when one parent wants to relocate within the UK?

Accepted Answer

Internal relocation within England and Wales does not require a court order, but if the move significantly affects the other parent's time with the children and no agreement can be reached, the court can decide. It applies the same welfare test as in any children dispute — focusing on what is best for the child.

Question 31

If we live between England and France, where should we start children proceedings?

Accepted Answer

Jurisdiction in international children cases is determined primarily by the child's habitual residence. Where this is unclear — for families splitting time between countries — jurisdiction can be genuinely contested. AFP Bloom has dedicated Anglo-French expertise and works regularly with French lawyers on cross-border children cases.

Question 32

Why is early strategy so important in a divorce case?

Accepted Answer

Decisions made in the first weeks can shape everything that follows — including jurisdiction, asset preservation, and how the other party positions themselves. Acting early means protecting your position before problems arise. It also means understanding what you want to achieve and choosing the most effective route to get there.

Question 33

What are the biggest strategic mistakes people make at the start of a divorce?

Accepted Answer

The most common mistakes are: acting on emotion rather than strategy; making significant financial moves without legal advice; underestimating complexity; and delaying instruction of a specialist lawyer to save costs — only to find earlier decisions have made the case harder and more expensive to resolve.

Question 34

How should I approach a divorce when the finances are complex or unclear?

Accepted Answer

Start by gathering as much financial information as you can — bank statements, company accounts, trust documents, property valuations. Identify early which assets are likely to be disputed. With the right team of lawyers, forensic accountants, and specialists working together, even the most complicated financial picture can be analysed and presented clearly.

Question 35

Is it better to negotiate or go to court in a divorce?

Accepted Answer

Negotiation is usually preferable — faster, cheaper, and more certain than leaving the outcome to a judge. But it only works when both parties engage honestly and with full financial transparency. The best position is to pursue settlement genuinely while being fully prepared to litigate if necessary.

Question 36

What is non-court dispute resolution (NCDR) in family law?

Accepted Answer

NCDR covers any process that helps separating couples resolve disputes without full court litigation — including mediation, arbitration, collaborative law, and private Financial Dispute Resolution hearings (private FDRs). Since April 2024, parties are required to consider NCDR before issuing most court applications.

Question 37

Do all divorcing couples have to try mediation first?

Accepted Answer

Not exactly — but you must now consider non-court dispute resolution before making most court applications, which in practice means attending a Mediation Information and Assessment Meeting (MIAM) unless an exemption applies. Exemptions include domestic abuse, urgency, and cases where the other party is abroad.

Question 38

When is it better to resolve a case outside court?

Accepted Answer

Out-of-court resolution works best when both parties will engage honestly and there is reasonable financial transparency. It is particularly well-suited to cases where privacy matters or where a co-parenting relationship needs to be preserved. It is less appropriate where there is a significant power imbalance or a history of coercive control.

Question 39

Can you use NCDR in high-conflict or complex cases?

Accepted Answer

Yes — and it can be particularly valuable. Private FDRs allow you to choose a neutral with specific expertise in complex financial issues, and the process can be tailored to the case. In high-conflict cases, a skilled neutral can sometimes break deadlocks that the parties cannot resolve between themselves.

Question 40

What is the difference between mediation, arbitration, and a private FDR?

Accepted Answer

Mediation: a neutral facilitates discussion but makes no decisions — any agreement must be made into a court order. Arbitration: a private decision-maker hears both sides and makes a binding ruling, faster and more private than court. Private FDR: a senior neutral gives a non-binding indication of likely court outcome, which often drives settlement. All three offer greater privacy and flexibility than court proceedings.

Question 41

Are court proceedings confidential?

Accepted Answer

Family court proceedings are held in private — the public cannot attend. However, accredited journalists can attend most hearings, and significant judgments are increasingly published. Parties are subject to strict rules about what they can disclose from proceedings. 'Private' does not mean fully confidential.

Question 42

Can journalists attend family court?

Accepted Answer

Yes. Accredited media representatives have been permitted to attend most family court hearings since 2009, subject to reporting restrictions. They cannot identify children involved, and the court can exclude them in certain circumstances. Routine hearings attract little attention — high-profile or legally significant cases carry more risk.

Question 43

Will my name or financial details appear in the media if my case goes to court?

Accepted Answer

In most family cases, details are not reported. In high-value cases involving well-known individuals or legally significant issues, there is a greater risk of a published judgment. The court has discretion over anonymisation but it is not automatic. If privacy is a concern, it should be addressed in strategy from the outset.

Question 44

Can a family case be kept out of the press?

Accepted Answer

Complete secrecy cannot be guaranteed, but reaching a settlement by agreement significantly reduces the risk of a published judgment. Where a case does go to a final hearing, reporting restrictions or anonymisation can be sought. For clients where privacy is paramount, AFP Bloom builds this consideration into strategy from day one.

Question 45

What is a prenuptial agreement and is it legally binding in England?

Accepted Answer

A prenuptial agreement sets out how assets would be divided if the marriage breaks down. It is not automatically legally binding in England and Wales, but following the Supreme Court decision in Radmacher v Granatino (2010), a well-drafted agreement freely entered into by both parties with independent legal advice will carry significant weight with the courts.

Question 46

What is a postnuptial agreement?

Accepted Answer

A postnuptial agreement is the same as a prenuptial agreement but entered into after marriage. It is used where a prenup was not prepared before the wedding, or where circumstances have significantly changed — for example following an inheritance or the sale of a business. The same legal principles apply.

Question 47

What is spousal maintenance and how is it calculated?

Accepted Answer

Spousal maintenance is a regular payment made by one former spouse to the other to meet needs that cannot be met from their own resources. There is no fixed formula — the court considers the paying party's ability to pay, the recipient's needs, and the importance of financial independence over time. In high-value cases, maintenance can be capitalised into a lump sum.

Question 48

What are non-matrimonial assets and can they be protected in a divorce?

Accepted Answer

Non-matrimonial assets — pre-marital wealth, inheritances, and gifts — may in principle be ring-fenced from division. However, if matrimonial assets are insufficient to meet both parties' needs, the court may look to them. A prenuptial or postnuptial agreement is the most effective way to protect non-matrimonial assets.

Question 49

What is a financial remedy order?

Accepted Answer

A financial remedy order is the court order that formally resolves the financial aspects of a divorce — setting out lump sums, property transfers, pension sharing, and maintenance. Even where parties reach their own agreement, it must be approved by the court as a consent order to be legally binding and to prevent future claims.

Question 50

Can I get a divorce if my spouse won't agree?

Accepted Answer

Yes. Since April 2022, England and Wales has operated a no-fault divorce system. You do not need your spouse's consent — either party can apply simply by stating the marriage has broken down irretrievably. The other party cannot contest the divorce itself. The process takes a minimum of around six months, with financial and children matters dealt with separately.

reported cases

M, Re (A Child: Costs) [2026] EWCA Civ 381 (27 March 2026)

Pringle v Nervo [2026] EWCA Civ 266 (13 March 2026)

X v Y [2026] EWHC 42 (Fam) (13 January 2026)

R v R [2025] EWHC 3180 (Fam) (05 December 2025)

RC v FP (No. 2: Costs) [2025] EWFC 124 (08 May 2025)

RC v FP [2025] EWFC 123 (08 May 2025)

Simon v Simon [2025] EWFC 89 (07 April 2025)

Simon v Simon [2024] EWFC 160 (02 July 2024)

CJ v ME & Anor [2024] EWFC 112 (24 May 2024)

C (A Child) (Financial Provision: Non-disclosure), Re [2024] EWFC 115 (15 May 2024)

DH v RH [2024] EWFC 79 (18 April 2024)

MB v CD [2024] EWHC 751 (Fam) (02 April 2024)

DH v RH [2024] EWFC 131 (16 January 2024)

DH v RH (No 2) (Variation of Interim Arrangements) [2023] EWFC 210 (28 November 2023)

Simon v Simon & Anor [2023] EWCA Civ 1048 (15 September 2023)

SM v PM [2023] EWHC 3446 (Fam) (06 July 2023)

G v G [2022] EWFC 151 (07 December 2022)

Simon v Simon [2022] EWFC 35 (01 April 2022)

Simon v Simon & Level (Joinder) (Rev1) [2022] EWFC 29 (21 March 2022)

LS v PS (Rev1) [2021] EWFC 108 (23 December 2021)

AD v BD [2020] EWHC 857 (Fam) (08 April 2020)

Rothschild v De Souza [2018] EWHC 1855 (Fam) (19 July 2018)

Oakes v Johansson [2015] EWHC 2616 (Fam) (28 July 2015)

EDG v RR [2014] EWHC 816 (Fam) (13 March 2014)

AC v DC & Ors (Financial Remedy: Effect of s37 Avoidance Order) (No 1) [2012] EWHC 2032 (Fam) (19 July 2012)

AC v DC & Ors (No 2) [2012] EWHC 2420 (Fam) (29 August 2012)

M v V [2010] EWHC 1453 (Fam) (23 June 2010)

Khreino v Khreino (No. 2) (Court's power to grant injunctions) [2000] 1 FCR 80