Family Law in Partnership

16/06/2026

💭 Should bad behaviour during a marriage affect who gets what in a divorce?

It's one of the biggest debates in family law right now.

In this clip, Virginia attorney Katharine Maddox and David Allison compare how the courts in Virginia and England & Wales deal with the question of conduct during divorce.

In Virginia, judges can look at both positive and negative contributions during a marriage. That could include things like raising children, supporting a spouse's career, or serious financial misconduct such as gambling away family assets.

But despite having that power, courts rarely move far from an equal split.

In England & Wales, the focus has traditionally been much narrower, with courts mainly considering conduct that has directly affected the family's finances.

But should that be changing?

As awareness of domestic abuse and coercive control grows, there is increasing debate about whether harmful behaviour should affect a financial settlement, even where it hasn't had a direct financial impact.

Senior judges have taken different views, making this one of the most important and controversial issues currently facing family law.

🎙️ Watch the clip to hear how the law differs on either side of the Atlantic.

❓ What's your view?

Should domestic abuse, coercive control or other harmful behaviour affect who gets what in a divorce?

👇 Tell us in the comments and watch the full episode here:

https://www.flip.co.uk/podcasts/should-i-divorce-in-england-or-virginia/

12/06/2026

For years, many couples have believed in the myth of the "common law marriage" only to discover, often at separation, that the legal protections they assumed existed simply don't.

The UK Government has now launched a 10-week consultation on proposals to strengthen protections for the UK's 3.5 million unmarried cohabiting couples, with responses due by 14 August 2026.

In this short video, James Pirrie explains what the proposed reforms could mean, who may benefit, and why the changes matter for families who currently fall through the gaps in the law.

While there is still uncertainty around the final shape of any legislation, this consultation is a significant step in addressing the vulnerabilities many cohabiting couples face.

🎥 Watch the video below and join the conversation.

09/06/2026

🌍 Divorce Across Borders: Does Where You Divorce Matter?

For international couples, the answer is often yes.

When a relationship has connections to more than one country, the key question may not just be whether to divorce - but where.

Different jurisdictions can lead to very different outcomes when it comes to matters such as:

⚖️ Financial settlements
💷 Maintenance claims
📜 Pre & post-nuptial agreements
👫 Rights of unmarried couples

🎙️ In Episode 2 of our International Family Law Podcast Series, David Allison and Katharine Maddox explore the differences between England & Wales and Virginia, USA, and explain why early legal advice can be crucial when deciding where proceedings should be issued.

Whether you're navigating an international family law matter yourself or advising, this episode provides practical insights into the complexities of family law across borders.

🎧 Listen here:

🔗 https://www.flip.co.uk/podcasts/should-i-divorce-in-england-or-virginia/

Crossing legal borders: David Allison and attorney Katharine Maddox explore how divorce and financial claims in England & Wales compare with Virginia.

26/05/2026

❓ Separating and connected to both New Zealand and England & Wales?

If you or your former partner have ties to both jurisdictions, understanding the differences in how financial claims are dealt with after separation can be incredibly important. The approach to spousal maintenance — including who can claim, for how long, and why varies significantly between New Zealand and England & Wales.

New Zealand:
Maintenance is usually short-term - often no more than 24 months - and can apply to both married and de-facto couples.

There are also “economic disparity” claims, which can adjust how assets are divided to reflect one partner’s reduced earning capacity during the relationship.

England & Wales:
Maintenance can continue for much longer where needed to help a spouse adjust without undue hardship, although courts increasingly favour a clean break wherever possible.

Unlike New Zealand, spousal maintenance is only available to married couples.

🎙️ In our latest podcast episode, David Allison and Jeremy Johnson discuss how these two jurisdictions take very different approaches to financial claims after separation - from short-term support to long-term needs-based maintenance.

🎧 Listen here:

https://www.flip.co.uk/podcasts/should-i-divorce-in-england-or-new-zealand/

21/05/2026

❓ Can you still divorce in England or New Zealand after living abroad for 20 years? Surprisingly… yes.

One of the most interesting parts of our latest podcast episode was discovering just how similar England & Wales and New Zealand are when it comes to domicile and residency.

Both jurisdictions apply a very similar concept of domicile - the place considered to be your permanent home, even if you’ve lived overseas for many years.

That means someone can spend 10 or even 20 years abroad as an expat, but still potentially divorce in England or New Zealand if they retain their domicile there and intend to return.

➡️ As Jeremy Johnson explains in the episode, changing your domicile is not always straightforward. Once you acquire a domicile of origin, it can be surprisingly difficult to lose.

Both England & Wales and New Zealand also rely heavily on habitual residence as a basis for divorce jurisdiction, making the systems far more aligned than many people realise.

It’s a fascinating insight into how two jurisdictions with shared legal roots continue to approach international family law in remarkably similar ways - despite some major differences elsewhere.

If you’d like to hear more from the conversation between Jeremy Johnson and David Allison and explore how New Zealand family law compares with England & Wales, tune in here:

🎧 https://www.flip.co.uk/podcasts/should-i-divorce-in-england-or-new-zealand/

07/05/2026

💍 Planning a wedding? Many Gen Z and Millennial couples are also thinking about the practical side of marriage too.

Pre-nuptial agreements are becoming far more common, helping couples have open conversations about finances, future plans and protecting what matters most.

Following FLiP Director Elizabeth Hicks’ recent feature in Tatler, we’ve shared some insight into why attitudes towards pre-nups are changing and why more younger couples in England & Wales are considering them before saying “I do”. ✨

Read here

🔗https://www.flip.co.uk/pre-nuptial-agreements-uk/

05/05/2026

📢 New Podcast Series: Crossing Family Law Borders

🎙️ Episode 1: Should I Divorce in England & Wales or New Zealand?

We are excited to launch the first episode in this international series, which compares the pros and cons of making financial claims in England & Wales vs. different jurisdictions.

In this episode, David Allison is joined by leading New Zealand barrister Jeremy Johnson to explore the key financial considerations for couples who could legally divorce in either jurisdiction.

With an estimated 270,000 Brits living in New Zealand and approximately 60,000 New Zealand nationals residing in the UK the legal interplay between these two jurisdictions is more relevant than ever.

The episode covers:

➡️ Choosing a jurisdiction for divorce, including domicile and residence
➡️Financial claims and maintenance available on divorce
➡️Claims available to non-married couples (de facto relationships)
➡️Pre-nuptial and post-nuptial agreements
➡️Key distinctions between the legal frameworks

This series is for people who are navigating divorce with cross-border connections, as well as legal professionals seeking insight into comparative frameworks and key legal principles. It offers clear, practical guidance on complex international family law issues, starting with a comparison that is increasingly significant in practice.

🔊 The first episode is now available. Watch on YouTube or listen via Apple Podcasts and Spotify:

https://www.flip.co.uk/podcasts/should-i-divorce-in-england-or-new-zealand/

💬 Which jurisdictions would you like to see featured in future episodes? Share your thoughts and join us again next month for the next instalment of the series.

28/04/2026

Separation can be especially difficult for children 💛

Family mediation is a way for parents to work through arrangements together with the support of a trained, neutral mediator.

It can help you agree on things like where your child(ren) will live, time with each parent, and how decisions are made, in a calmer and more structured setting than court.

It’s designed to keep conversations focused, reduce conflict, and support better co-parenting moving forward.

There is also practical support available: the Family Mediation Voucher Scheme (2026/27) can contribute up to £500 towards mediation for eligible families.

👉 Find out more here:

https://www.flip.co.uk/family-mediation-voucher-2026-2027/ 👈

23/04/2026

💍 Recently got engaged? Planning your wedding and thinking about the future?

Alongside venues, guest lists and honeymoons, some couples are also considering how to put clear financial arrangements in place before or after marriage.

A pre-nuptial agreement (or “pre-nup”) is a legal agreement made before marriage that sets out how assets, finances and other arrangements may be dealt with if the relationship were to break down. Post-nuptial agreements work in a similar way, but are entered into after marriage.

These agreements are becoming an increasingly common part of planning for the future, with more couples looking for clarity and certainty early on.

But how do they actually work? What can they cover? And how are they treated in England and Wales?

In our latest Q&A, David Allison answers some of the most frequently asked questions, offering clear, practical insight into how these agreements operate and what to consider in practice.

If you’re preparing for marriage and want to better understand your options, this is a useful place to start.

Tap the link within blogs in the bio to read more 🔗

https://www.flip.co.uk/should-you-get-a-pre-nuptial-agreement/

17/04/2026

Divorce can feel overwhelming. If you’re autistic, the legal process can sometimes make things feel even harder.

Fast decisions, unclear communication and unfamiliar environments can all add extra pressure, but the process can be adapted to work better for you.

Small changes can make a big difference:
✨ Clear, straightforward communication
✨ Structure and predictability
✨ Breaks and sensory-friendly spaces
✨ Support that understands your needs

In our latest blog, we share practical tips and tools to help make the process more manageable 🤝

Read here 👉

https://www.flip.co.uk/neurodivergent-families-divorce-and-autism/

To speak with one of our expert lawyers:

📞 T: 020 7420 5000
📧 E: [email protected]

Divorce and Autism: when autism or other forms of neurodivergence are involved, the emotional and practical challenges are more complex.