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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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I had a very thorough consultation with Mr. Henry Brookman, he is very experienced in family law & was very professional.

Sep 2026   Jan Ball

I had a consultation with Henry Brookman regarding a family law matter and had an excellent experience... His advice was clear, practical and refreshingly honest.

Aug 2026   Zain Mirz

In an initial consultation I met Lauren Blythe, who I would highly recommend. Lauren is very knowledgeable and provided me with clear information.

Aug 2026   "S"

Had an initial consultation with Lauren who is very polite, very knowledgeable and provided me with valuable information and next steps.

Jul 2026   Paul Murphy

Very helpful initial consultation. the solicitor was professional, listened carefully, and explained my options clearly without any pressure. I left with a much better understanding of the process and my next steps. Thank you.

Jul 2026   Khadija Mouaddab

I had a consultation with Lauren Blythe and was incredibly impressed by her professionalism and clarity. She provided exceptionally clear, realistic, and highly strategic advice, immediately identifying the key pillars needed to navigate a complex family matter efficiently.

Jun 2026   Ed Whelan

I had a free consultation with Philip Morton... He took the time to listen to my situation and gave his opinion on how to approach the situation, what would be involved, risks and costs. It was a very helpful conversation that felt genuine and without pressure.

May 2026   Matthias Lederhofer

I had a consultation with Henry Brookman and it was excellent. He answered all of my questions thoroughly, paid close attention to every detail, and was very professional and helpful throughout.

May 2026   Mehrdad Ghanavati far

Alicia provided me with excellent counsel on short notice. Her approach was grounded, professional and took into consideration all of the provided facts accurately

May 2026   Dasha Borysov

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

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

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

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

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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Partner

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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Partner

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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Partner

Ella Welsby

Known for her sensitivity and discretion combined with significant expertise, Ella advises on all family issues including high-value and multi-jurisdiction divorce and complex financial and children matters.

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Partner

Gemma Garrett

Based in Horsham, Gemma is a specialist advising on all areas of family law including divorce and separation (often involving jurisdiction issues), complex financial matters, and children matters.

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Partner

Alicia Cenizo

Alicia is a Partner in the family team and advises on all elements of family law, particularly private children work, including matters with an international element such as relocation.

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Partner

Rachel Osgood

Rachel specialises in financial claims on divorce and separation with a particular emphasis on high value cases and those involving inheritances, family businesses and claims by adult children.

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Partner

Nisha Tayal

With over 20 years of expertise in family law, Nisha specialises on all aspects of relationship breakdown and is trusted by clients for her discreet, tailored advice.

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Family Director (filex)

Natalie Matthews Bunting

Natalie is a specialist in divorce and financial remedy, including high value cases involving multiple pensions, multiple properties and multiple businesses.

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Senior Associate

Lauren Blythe

Lauren is a highly regarded specialist family law solicitor, based at our Guildford office. She advises on divorce, family finances, children matters, domestic abuse, cohabitee issues, and relationship agreements.

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Senior Solicitor

Susan Hayes

Susan qualified as a solicitor in 1992 and is based at our Brighton office. She is a longstanding member of the Law Society Specialist Children Panel and Family Law Panel. Susan is also a trained Collaborative Lawyer.

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Associate

Rachael Au

Rachael is a highly capable member of the family team in Brighton. She specialises in family law, advising on divorce, civil partnerships, financial matters, and children issues.

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Associate

Alice Barrett

Alice advises and supports clients on a range of family law matters including divorce, separation, financial remedy, private children matters and emergency applications.

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Associate

Amelia Groom

Amelia has experience across a full range of family matters, including divorce, complex disputes regarding finances that range from trusts through to cryptocurrencies, and arrangements for children.

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Associate

Natalie Higham

Natalie is a Family Legal Executive who advises individuals on divorce, separation, financial remedies available to them on the breakdown of their relationship, and children matters.

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Associate

Katie O'Kelly

Katie advises on a wide range of family law matters including co-habitation, divorce and separation, financial remedies, and private children law matters.

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Solicitor

Sophie John

An experienced solicitor, Sophie advises on matters relating to divorce, financial separation in both marriages and cohabiting relationships and children arrangements.

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Paralegal

Michelle Davies

Part of the Family Law team, Michelle supports on a variety of cases involving divorce, finances, children matters and day to day enquiries.

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Paralegal

Isabelle Basson

Isabelle is responsible for following up day-to-day enquiries, administrative case management and generally supporting the Family team fee-earners.

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Paralegal

Amelia Mahraj

Amelia is responsible, in her current role, for dealing with day-to day enquiries, administrative duties and supporting fee earners.

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Paralegal

Aimee Atalay

Aimee provides dedicated support to the Family and Contentious Probate teams across a diverse range of matters. Aimee studied Law and Criminology at the University of Kent.

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Paralegal

Izzy Minor

Izzy Minor is a Paralegal in the Family Team, supporting fee earners, and is a qualified Advanced CILEx Paralegal (MCILEx), holding a Diploma in Law and Practice.

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Paralegal

Madison Bryant-Pollins

Madison provides dedicated support to the Family and Contentious Probate teams, including case management and the provision of clear, empathetic assistance to clients.

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

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Or call us on +44 (0)20 7430 8470