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No-fault divorce in England and Wales means anyone seeking a divorce has to establish one thing: that the marriage or civil partnership has broken down irretrievably. Contrary to fault-based systems there is no requirement for a person seeking a divorce to blame his or her spouse or civil partner for the breakdown in the marriage. As a result, allegations of unreasonable behaviour have no place in the procedural aspect of securing a divorce in England and Wales.

In reality however, behaviour that a spouse or civil partner finds unreasonable or unacceptable will very often be the catalyst for divorce.

Before the Divorce and Dissolution Act (no-fault divorce) came into force in 2022, unreasonable behaviour was the most common ground for divorce. That doesn’t mean that England is full of unreasonable people. Allegations of unreasonable behaviour under the fault-based system of divorce that existed before 2022 meant simply that in all the circumstances of the marriage, it was not reasonable for the person seeking a divorce to stay living with his or her spouse or partner.

What constituted unreasonable behaviour was an entirely subjective matter. Some spouses or civil partners might feel aggrieved if their partner goes for a drink with his work mates before coming home every night of the working week; others might regard it as perfectly normal and acceptable.

If you are thinking about beginning divorce proceedings you can get in touch with us for an initial, no-obligation discussion. No-fault divorce means that, if your spouse or civil partner is behaving in a way that you find intolerable you can apply for a divorce without having to formally describe the behaviour in your divorce application. This could make it more straightforward for you to reach agreement on divorce-related matters like finances and child arrangements.

 

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Divorce Scenarios

The scenarios below do not relate to any individual clients of ours but the facts and the outcomes relate to some similar experiences in our practice.

International Divorce

The Scenario

Mr G is a UK resident. Seven years ago when working in the Emirates he married a US citizen. They married in Cyprus and subsequently lived together for two years before his wife returned to the US. He has lost touch with her and mail to her parents address is returned with a note “she wants nothing to do with you”.

Our Solution

Mr G applied for a divorce in England after the couple had been separated for several years, although the marriage was in Cyprus.

We obtained an Order from the court deeming that it was enough to post the divorce papers to his wife’s parents because even though she would not acknowledge receipt, undoubtedly her parents would pass them on. This was done and we obtained the divorce.

If you have questions, contact us now, we can help you.
Henry Brookman Discusses: Divorce

Co-habitation

The Scenario

Mr R separated from his partner of 10 years with whom he had a five year old son. Their apartment was in her name. This came about because he was working abroad when they began their relationship. He paid half the purchase price into his partner’s account and she completed the purchase paying the other half. Now she had the property up for sale.

Our Solution

We took detailed instructions and put a block on the title. We then located the evidence to prove his claim. He offered to buy out his partner but she then insisted the apartment was worth more than the price she had been offering it for sale.

We issued an application following which the property was professionally valued and Mr R bought the remaining half share. She then refused to let Mr R see their son. We obtained a declaration of parental responsibility and visiting rights for Mr R.

Property Business

The Scenario

Bernard consulted us. His brother Arthur is a property developer who generally has a portfolio of about 5 or 6 properties that are in the course of being renovated and sold on. Bernard often invests his money in specific properties, with Arthur keeping a spreadsheet that shows what share Bernard has in each property. Arthur and his wife have separated and his wife has applied for freezing orders in respect of all the properties. Bernard is anxious that his money will be treated as part of the matrimonial assets being divided between Arthur and his wife.

Our Solution

The critical question is for the court to establish that Bernard's share of the particular properties are his in his own right, so any orders that the court might make between Arthur and his wife will respect Bernard's interests. This is achieved by making an application to intervene in the matrimonial proceedings so that Bernard's interests can be protected. That enables us to represent Bernard rather than him being dependent on his brother simply asserting it- with the risk of being disbelieved.

Separation

The Scenario

Mr M consulted us concerning his wife’s behaviour. She had a long-standing drug problem and would come and go without warning from their home. She had spent large amounts on drugs emptying bank accounts and incurring debt to pay for them. He and their children were very upset.

Our Solution

We advised him that he could seek a sole occupation order which would keep her away from the home. He was anticipating a substantial bonus in the next six months and asked whether excluding her sooner would mean this was not taken into account in any financial settlement.

We advised that a Court would need to include it as an asset but that did not necessarily then mean that it would then be equally divided. The question of what was a fair division of property was a second stage calculation. In view of his wife?s waste of their resources an equal division would not be appropriate.

Civil Partnership

The Scenario

Mr E was looking into entering into a civil partnership with Mr F. Mr E had substantial assets such as a house valued at £1 million, investments valued at £3 million and a pension worth £1 million.

Although Mr E felt that the parties loved one another and that their relationship would endure, Mr E wanted to protect his position in case there was any change after the parties had entered into a civil partnership.

Our Solution

We advised Mr E that the best way to protect the position would be for the parties to enter into a Pre-Civil Partnership Agreement, which could regulate the parties’ finances if the civil partnership came to an end. The Agreement encompassed all aspects such as their income, their capital assets and their pension assets. The entire matter was dealt with amicably within a few weeks. The parties signed the Pre-Civil Partnership Agreement and subsequently entered into a civil partnership.

Henry Brookman Discusses: Common Divorce Myths

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Today I had my free initial consultation with partner Henry Brookman over the phone. He had a clear understanding of my situation based on the info I provided in advance and provided me with sound advice and guidance to move forward. Many thanks.

Aug 2022   H. J.

Really appreciated Brookman's advice and support. Most lawyers charge extortionate fees just for an initial conversation but not Henry. Thanks for all your advice and time.

Jul 2022   Chloé

I had a consultation with the partner Henry Brookman. I can absolutely recommend him, he seemed knowledgeable, up to date and patient. I have found him to be straightforward in the answers he gives and down to earth. 100% recommended.

Jun 2022   Michael P

I have no hesitation whatsoever in recommending Henry Brookman. His advice came in promptly when solicited, and was excellent. He is a thoughtful and very professional lawyer. He understood perfectly well the issue I presented him with, and gave me excellent advice in a family law related matter.

May 2022   Philip Hands

From my first contact with the firm I was treated courteously and promptly. I was offered a pro bono meeting shortly after making contact. Mr Brookman is clearly a very experienced professional and in our meeting he gave me some well considered and objective advice about my rather complicated situation which spans more than one jurisdiction.

May 2022   Julian Peachey

I had an initial consultation with Henry Brookman regarding prenuptial agreements and found him to be very helpful and knowledgeable.

Mar 2022   Simon Brooks

I had a free telephone consultation yesterday with Gavin Yeung. He could not have been more helpful and reassuring as he calmly and patiently worked through my situation to provide me with clarity and piece of mind at a time it was really needed and emotions are running high.

Mar 2022   'K M'

I spoke with Aziz at Brookman Solicitors on the phone for an initial consultation and he is one of the friendliest lawyers I have met. He is clearly very experienced as he patiently explained me all the concepts and processes which are quite daunting for someone in my situation, and then focused on the actual questions I wanted to ask... I would highly recommend Aziz and Brookman Solicitors.

Feb 2022   'R'

I am grateful for Henry Brookman and his team for support they provided to me during very frustrating time of divorce. They respond promptly to any request. I felt more confident after I started the process with them. Henry listened carefully to me and took quick actions on my case. I highly recommend this team of real professionals even for non-UK citizens.

Feb 2022   Sezim Beksultanova

I had online consultation with the partner Henry Brookman today. I was very happy with the service. I found him to be very insightful, knowledgeable and provided sound advice, as well as being kind and patient. It was a very comfortable discussion and he sent an email detailing our discussion very quickly discussing in our meeting in depth. I am amazed by the service we got just from a free consultation. I would highly recommend these solicitors!

Jan 2022   Shirley Christopher

We spoke at length and at no point felt like he was rushing us and we felt very comfortable. After our discussion we were also quickly sent an email detailing everything we were discussing in our meeting in depth. I am amazed by the service we got just from a free consultation. I would highly recommend these solicitors!

Dec 2021   Tina

I was fortunate to spend an hour running through a few questions with Natasha Slabas. She was quick to grasp the points raised and proposed a sensible way forward. Would recommend

Dec 2021   Nick Powell

I cannot praise the professionalism and courtesy too highly. The advice given in a very complex divorce matter, was clear, concise, enlightening and inspiring.

Nov 2021   Mary Barn

I contacted Henry Brookman because of the complex international aspect of my divorce and I’m very glad I did... Henry took his time explaining all the pro’s and contra’s... I now have a much clearer view over the situation and feel more confident going forward. I’m very grateful for the excellent advice I’ve received and not feeling rushed during the meeting.

Nov 2021   'A B'

Talitha offers sound advice, asks the right questions and advises you with what you need to know not just what you want to hear. I have no hesitation in recommending her services.

Sep 2021   Anu Vidyarthi

About The Team

We are a specialist divorce and international divorce family law team, advising clients in the United Kingdom (specifically England and Wales) and throughout the world. We have a very people–orientated approach to working with clients. Henry Brookman has practised law for over 45 years, and our team has a wide range of skills and expertise. We are recommended by the Legal 500 and have been awarded the Law Society’s quality mark, Lexcel.

Partner

Henry Brookman

With over 45 years' experience, Henry Brookman is the senior member of the team. He is described by The Legal 500 as ‘shrewd, savvy, sagacious and highly experienced’.

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Partner

Talitha Brookman

Talitha is a Partner in the firm and a very experienced practitioner who has specialised exclusively in family law for over 15 years. Talitha is recommended by The Legal 500.

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Partner

Philip Morton

Recommended by The Legal 500, Philip is an expert in all areas of family law, including domestic and international financial disputes, fraud and commercial dispute resolution.

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Partner

Natasha Slabas

Expert in all areas of family law, often involving cases that have an international element, including work in relation to financial settlements following divorce.

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Partner

Aziz Malik

Aziz is a Partner at the firm and is highly regarded for his expertise on financial matters in divorce and is recommended by the Legal 500.

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Partner

Mark Rennie

Mark is the Group Head of the Horsham Family Law team. He specialises in all areas of matrimonial law, including complex divorce and financial disputes, and is recommended by The Legal 500.

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Partner

Nigel Winter

A highly experienced solicitor, Nigel has expertise in collaborative law, divorce, contested litigation, relationship agreements, and children matters. Nigel is recommended by The Legal 500.

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Partner

Samantha Jago

Partner at our Guildford office and recommended by The Legal 500, Samantha has specialist expertise in divorce, children matters, complex international cases, and is a trained mediator.

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Senior Associate

Joanna Potbury

Family law specialist based in Brighton advising on divorce, cohabitation agreements, children, post-nuptial agreements, and domestic violence. Joanna is recommended by The Legal 500.

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Senior Associate

Kirsty Kelleher

Kirsty is a specialist family law solicitor recommended by The Legal 500. An expert in divorce, financial matters, child-related disputes and contentious probate cases.

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Senior Associate

Kevin Danagher

Kevin specialises exclusively in family law, advising on all aspects of relationship breakdown, divorce, same sex marriage, marital agreements, and international family cases.

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Associate Solicitor

Jennifer Douglas

Jennifer is a talented solicitor, recommended by The Legal 500 and experienced in all elements of family law, including high net worth financial proceedings, Children Act proceedings.

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Associate Solicitor

Gavin Yeung

Recommended by The Legal 500, Gavin has excellent experience in family law including divorce and financial proceedings and international child abduction proceedings.

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Senior Associate

Pippa Marshall

Pippa’s experience covers all areas of family law including divorce, financial remedies, same sex relationships, and pre- and post-nuptial agreements and is recommended by The Legal 500.

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Chartered Legal Executive

Lorraine Imms

With over 20 years' family law experience, Lorraine can advise on divorce, matrimonial finances, cohabitee disputes, nuptial agreements and private children matters.

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Trainee Solicitor

Rachael Au

Rachael is a highly capable member of the family team in Brighton. She started her training contract in September 2019, her first seat being in Personal Injury and Clinical Negligence.

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Accounts Manager

Evdokia Dikova

Eva is an AAT qualified accounts manager and holds full AAT membership (MAAT). She gained her degree in financial accounting from the University of Economics in Bulgaria.

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Secretary

Victoria Delatouche

Victoria is a highly experienced Legal Secretary and a long-standing member of the team. She provides secretarial support for the office.

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Secretary

Michelle Louison

Michelle provides secretarial support to Henry Brookman. A very experienced family law secretary, Michelle has worked in law for over 12 years.

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Front of House Manager

Patricia Antonio

Patricia is an experienced secretary and office administrator, handling the calls that come into the office, greeting clients, and managing office presentation.

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If you have questions, contact us now, we can help you.

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Or call us on +44 (0)20 7430 8470