The Assumption

"The court won't order my ex's business to be sold. It's their livelihood."

Court Reality

Courts are reluctant to order the sale of a business, but they can do it where no other route gives a fair result. In LE v EL [2024] EWFC 481 (B) the judge ordered a private company sold because the husband had no realistic way of paying the wife her share, and compared it to ordering the sale of a farm.

The Assumption

"My pre or post nuptial agreement will be strictly adhered to in the court."

Court Reality

Nuptial agreements are not automatically binding in England and Wales. Following Radmacher v Granatino (2010), courts give them significant weight if entered into freely, with full disclosure and understanding, but the court retains discretion to depart from them if unfair. (Matrimonial Causes Act 1973, s.25)

The Assumption

"Parenting apps are free."

Court Reality

Some parenting communication apps have free basic tiers, but the features most families actually need — messaging logs, shared calendars, expense tracking, and court-admissible records — are usually behind paid subscriptions. The court does not provide or fund these apps. Always check the pricing and whether the court accepts the app's records before committing.

The Assumption

"If I move out of our jointly owned home, I lose my share or my rights to it."

Court Reality

Moving out doesn't affect your ownership interest as a joint owner. Your share in the property stays whether you're living there or not. What changes is that jointly owned property can usually only be sold if you both agree, or if one of you gets a court order for sale.

The Assumption

"I don't have to agree to anything. If they want to take the children on holiday they can ask and I'll just say no."

Court Reality

Withholding consent may not be seen as neutral; courts often view parental responsibilities as prioritizing the child's best interests. Patterns of unreasonable refusal can affect future arrangements.