Lee Marston, managing partner and head of the family team at Clough & Willis, on why financial provision work is rising and what it tells us about the pressures facing families today.
Over the past 18 months, we have seen a clear rise in financial matters work at Clough & Willis, and the reasons behind it tell a wider story about how economic pressures are reshaping people’s lives and relationships.
Many households have spent the last two years in a holding pattern. Another tax-heavy budget, followed by months of speculation and political noise, created uncertainty that made people reluctant to confront the legal realities of separation. Those who were already struggling in their relationships often chose to wait, hoping for greater clarity before making difficult decisions.
Reinforced instability
That hesitation was reinforced by global instability. The Iran conflict and the financial uncertainty surrounding it pushed many families into delaying action. When you cannot predict what the next six months will look like, it becomes harder to take decisive steps, even when those steps are necessary.
What we are seeing now is the release of that pent-up demand. Couples who postponed separation are finally seeking advice, often with more complicated financial circumstances than they would have faced a year ago.
At the same time, households are under significant strain. Interest rates rose sharply and although they have stabilised, many people are still dealing with the consequences. Mortgage payments increased, savings were depleted and for some, a buy out that once seemed straightforward is no longer realistic.
We are also seeing more clients who are claiming or considering claiming universal credit. That shift changes the financial landscape of a separation. It affects affordability, long term planning and the structure of any proposed settlement, and it increases the need for clear and frank financial disclosure.
Complex assets
Property has become a more complex asset to negotiate. Shared ownership homes are now a common feature of our caseload. These arrangements can be helpful for first time buyers, but they introduce additional layers of complexity when relationships break down.
At the same time, properties are taking longer to sell. That delay can stall negotiations, prolong uncertainty and make interim arrangements harder to manage. For some clients, it means living in limbo while the market catches up.
We are also seeing a broader shift in the types of financial arrangements people bring to us. Financial provision work is no longer centred solely around traditional married couples. More cases involve cohabiting partners, friends who have bought property together or family members who have pooled resources to get onto the housing ladder.
These arrangements can work well until expectations diverge or informal agreements break down, and the legal issues can be just as complex as those arising from a marriage.
Full and frank disclosure
In this environment, specialist advice matters more than ever. Financial provision requires full and frank disclosure, from bank statements and tax returns to pension valuations and mortgage information.
In uncertain times, that level of transparency becomes even more important. Without it, settlements can be jeopardised and the court may be forced to intervene. Our role is to bring clarity to situations that often feel overwhelming and to help clients reach fair, workable outcomes that reflect the realities of their financial lives.
Economic uncertainty may continue, but people’s need for stability remains constant. The rise in financial matters work is not simply a legal trend. It is a reflection of how families are adapting to pressures that are largely outside their control.
The landscape may be shifting, but the principles of fairness and transparency remain the foundation of every successful settlement.
About the author
Lee Marston became a partner in 2001, managing partner in 2018, and heads the firm’s Family Law team. A Resolution Accredited Specialist in financial and children matters, Lee has practised exclusively in family law throughout his career and was a founding member of the Family Law Panel in 2005. He acts for a broad range of clients, with particular expertise in complex financial cases involving business owners, company valuations, shareholdings and liquidity issues. Lee also advises on the treatment of family discretionary trusts and the review of existing maintenance arrangements. He has extensive experience acting for members of the armed forces, police and fire services, particularly in cases involving significant pension assets, where he is experienced in challenging valuations and securing accurate pension assessments.
The views expressed in this article are those of the author and not necessarily those of Today’s Family Lawyer.
