Who might need to intervene in family law proceedings?

References to divorce also apply to dissolution of a civil partnership unless otherwise stated. When a couple divorces they go through the process of disclosing their assets in order to ascertain who keeps what. This will include assets in their sole names, joint names with each other and joint names with other people. This means the asset pool can include properties, businesses, bank accounts and other assets that a third party has an interest in. The court has the power to make orders in relation to those assets for example to sell a property or for one party to transfer shares in a company to the other. If you have a third party interest in assets subject to financial remedy proceedings you may need to protect your interest. If you have been unable to do so by agreement, the next step is to consider intervening in the proceedings. One, or both, of the parties will want to keep the asset pool as large as possible and could therefore defend your claim. If that happens, contested proceedings may be required to resolve the dispute.

When can a third party intervene in financial proceedings?

An intervenor may have a claim if they can show that they have: Contributed to the purchase price of a matrimonial asset or an asset that one party is claiming to be matrimonial. A beneficial interest under a trust or resulting trust arrangement. A formal loan agreement that has not been repaid. Legal and/or beneficial ownership of an asset that is being treated as matrimonial property. It isn’t always necessary to have a legal interest recording your ownership in an asset. If you have a beneficial interest that was not legally recorded, it is possible to intervene and claim for an equitable remedy.

Can a third party intervene in children proceedings?

Most private children law proceedings involve parents or legal guardians but there are situations where a third party might wish to intervene to protect the child’s welfare. This can include grandparents, wider relatives or other adults with a close connection to the child. Who might want to intervene and why? Grandparents or other extended family members who have played a significant role in the child’s life. Step-parents or former partners of the child’s parent who may have a meaningful relationship with the child. Friends of the child’s parent who have played an active role in the child’s life. A third party might seek to intervene if, for example, they are seeking regular contact with the child, they believe the child’s welfare is at risk, or would like the child to live with them. You typically need to apply for the court’s permission to do so first, unless you already have parental responsibility which third parties often don’t have. When considering such an application, the court will take into account: Your relationship with the child. Reasons for the application. Potential impact on the child. Whether your involvement would assist the court in making a decision in the child’s best interest. We can advise prospective intervenors or main party individuals throughout the process, from assessing the strength of the application to preparing statements and representing you in court. We appreciate how sensitive these situations can be and aim to provide practical, child-focused advice every step of the way.

Supporting intervenors and third party claims in family law proceedings

07.05.25

Chloe Waul

When a couple separates, the focus is often on resolving issues directly between the two individuals. However, there are many instances where a third party may have a legitimate interest in the outcome and may need to intervene into the proceedings. These individuals or entities are known as ‘intervenors’. Intervening in family proceedings means to be formally joined as a third party to the proceedings, but the advice may often be needed much earlier. If you find yourself involved in family proceedings or dispute, you may need advice to protect your position.

Our family law team has extensive experience supporting third parties, known as intervenors, who have a potential interest in both financial and children family proceedings in the family court. We regularly act for individuals, companies and business partners whose interests may be at stake during a divorce or separation of a third party.

Why might a third party need to intervene?

Family law cases often extend beyond the couple themselves and may include: Family members or friends, such as parents who have contributed to the purchase of the family home or other joint assets that are now part of the family dispute.
Friends or family members who have loaned large sums of money to the individuals in the family case.
Trustees, where assets are held in trust and one of the main parties is a beneficiary of the trust.
Companies, business partners or shareholders, where one spouse’s business interests may involve jointly owned assets with a third party or disputed ownership.
Grandparents, step-parents or friends who are concerned about a child’s welfare and have played a significant role in their lives.

FAQs

Our collaborative approach

Many intervenor claims involve complex business structures or jointly owned assets. Our family law team works closely with our commercial litigation and corporate colleagues to:

- Assess whether a third party has a valid claim.

- Advise on the evidence required to support an application to intervene.

- Advise main parties on whether to admit or defend third party claims.

- Prepare robust evidence and submit the necessary court documents.

- Negotiate and resolve disputes outside of court where possible.

- Represent client’s interests in negotiations and, where necessary, at hearings involving contested claims.

If your friend, family member or business partner is going through a divorce, it is important that you state your interest in the relevant assets as soon as possible. You should not rely on the asset having been acquired prior to the marriage or assume certain assets are non-matrimonial. If you think you might have an interest, take advice and make it known as early in the proceedings as possible.

Get in touch

Whether you are a business owner, concerned family member or company facing involvement in family proceedings, reach out to our family team for a confidential chat about your options.

We offer confidential, practical advice and can coordinate with our commercial litigation and corporate teams to ensure your interests are fully protected.