Child custody – how is child arrangement decided?

When a couple decides to separate or divorce, a top priority should be the welfare of any children involved. In a high number of cases, this factor can leave parents at odds with each other and unable to agree on who should take custody of the child. Child custody is therefore a key consideration for […]

Do unmarried couples who live together as cohabitees have the same rights as married couples?

It is a commonly held belief that if a couple lives together for a long time as cohabitees, they have the same rights as married couples or civil partners. This is untrue. Unmarried cohabiting couples, regardless of how long they have lived together, have far fewer rights than those who are married. “Common law marriages”, […]

Child Adoption – how does the process work?

In the UK, if you want to adopt a child, you must go through formal procedures. This involves the court issuing a “Child Adoption Order”. The function of an adoption order is to formally sever the legal relationship between the child and their biological parents, and to establish an order to form a new relationship […]

Trust assets – how do I protect them following a divorce?

Trust assets in divorce proceedings are an increasingly common issue in family law cases. In divorce proceedings, if you or your spouse are beneficiaries of a trust and are entitled to capital or income from the trust, this is likely to be considered a financial resource. As a result, it will be financially considered by […]

Online divorce companies to be investigated by the CMA – why should I use a family law solicitor instead?

If you are currently going, or ever have gone through a through a divorce, you will know it’s a very stressful time for all involved. From finding a lawyer, to negotiating between the two parties, arranging financial settlements, and even child custody issues, the divorce process can be a headache, and the costs can quickly […]

Should you make a foreign will if you have assets abroad?

Countries around the world have different inheritance and tax laws. As someone who is a domicile of England and Wales, you can make a foreign will with a lawyer which covers your overseas assets. However, in some cases it would be advisable to create a separate will to cover your assets in other countries.   […]

Making a Will – what are some of the most common questions about this topic?

The importance of Wills cannot be understated, however sometimes they can be an area which open up some difficult conversations with families and loved ones. For the fifth and penultimate article in our series of FAQs about Family Law, we will take a look at the importance of Wills, particularly making a will, or will […]

Is it possible to disinherit your spouse? Widow awarded 50% of estate in recent court case

By Angeline Teoh   A Will is a legal document that ensure your assets are distributed according to your wishes after your death. However, if your Will is not handled properly, it may result in your spouse or close family members bringing a claim under the Inheritance Act (Provision for Family and Dependants) 1975 to […]

Nuptial agreements – frequently asked questions

Third in our series looking at frequently asked Family Law questions is nuptial agreements, both prenuptial (prenup) and the less-common postnuptial agreement (postnup). Nuptial agreements continue to gain in popularity having only been considered legally enforceable in England and Wales since the 2010 test case of Radmacher v Granatino.   But what are some of […]

Divorce Financial Settlement – Frequently Asked Questions

This article is the second in a series of family law blogs focusing on questions our family law team are frequently asked. Today, we will focus on divorce financial settlement. Keep reading to learn more about some of the most frequently asked questions when it comes to divorce financial settlement.   Do I need to […]

Divorce – what are some of the questions we are frequently asked?

This article will be part of a series of Family Law blogs focusing on questions our Family law team are frequently asked. Today, we will focus on divorce procedure itself, and some of the common issues facing those seeking to apply for divorce.   Keep reading to learn more about divorce procedure.   Can I […]

Is someone who receives an inheritance still entitled to means-tested benefits?

Today’s article focuses on the importance of legal advice on wills, with the person in question deemed incapable of managing his own property and financial affairs. An application was later made to the Court of Protection by his father with the intention of gaining authority in order to settle his son’s inheritance upon trusts.   […]

My former spouse owns a business, can I get half of the business interests after divorce?

When a divorce occurs, couples need to consider many areas. Each of these comes with its own complexity, one of which concerns business interests and assets.   If some business assets are involved between a husband and wife, for example, both parties jointly hold a company or one party alone owns a business, how should […]

Does inheritance tax have to be paid before probate is granted?

Probate is a topic which we have covered in some of our family law articles in the past. In many cases, people will only be granted probate if they have paid inheritance tax. However, many people in this situation may wish to be granted probate before they pay inheritance tax in order to know what […]

Man wins right to have a surrogacy baby using embryo created with his late wife

In today’s family law article, we will look at an unusual case which made headlines across the internet. It presents a complex moral issue for the parties but one which offers hope and optimism for the claimant involved as well as the few who similar situations in the future.   The landmark ruling gives widower, […]

Prenuptial Agreement vs Postnuptial Agreement, which is better?

Today we will take a look at a subject which comes under Family Law, one of our main practise areas. This article looks at which is better, a postnuptial agreement or prenuptial agreement?   You might be wondering, what exactly is the difference between a postnuptial agreement and a prenuptial agreement? Aside from ‘pre’ and […]

How should an estate legally be handled in the form of probate when a relative dies?

Losing someone close to you is never easy. If a deceased loved one listed you as an executor, you may also need to be strong enough to manage their property, money, and other possessions. However, UK law requires you to apply for a probate in accordance with the rules of law in order to make this […]

What is No Fault Divorce? The reforms that have modernised UK divorce law

The Divorce, Dissolution and Separation Act 2020 (commonly known as no fault divorce) represents the biggest reform to divorce law for 50 years. With the legislation now in effect since 6th April 2022, let’s take a look at the main changes to divorce law and why there has been so much discussion about the reforms. […]

Why would one want to have a clean break regarding matrimonial assets in divorce?

Written by Xinlei Zhang.   The recent case of Sismey v Salandron [2021] 10 WLUK 372 illustrates the importance of having a clear break following a divorce settlement. It concerns a divorce settlement which was not effective during the parties’ lifetime, but only came into force by way of a will on one party’s death. […]

Father takes legal action against ‘globe-trotting’ mother in order to claim child back from an unwanted nomadic lifestyle – a lesson in habitual residence.

There are many issues that can arise between parents, often related to their own children. It is true that being responsible for a young person is difficult, but it can be made even harder when the parents themselves stop seeing eye to eye on important matters, such as how and where the child lives.   […]

Absence Of Parent Does Not Itself Make An Adoption Process Procedurally Irregular: Courts Refuse Mothers Application of Adoption Order.

It is never nice to see a family be split apart, however in certain unfortunate circumstances it is necessary, especially when the safety of children is concerned. When there is a serious issue, and parents are deemed unfit to look after their children, those children can be put up for adoption via an adoption order, […]

Slanderous claims result in privacy injunction in recent private law child proceedings!

Using our voice and expressing our opinion is a right that everyone in the UK, and most of the world, often take for granted. Communication plays a key role in a healthy and successful life, and in most circumstances creates positive and interesting dialogues between people, allowing us to think in different ways, learn new […]

Termination of parental responsibility – when can it occur and what can we learn from a recent case?

As a law firm we understand that families can go through hard times as well as good times. Often, when issues arise they can be sorted out. Alternatively, the issues cannot be completely fixed but a reasonable compromise can be made, and people can come to an arrangement that works for everyone. However, when things […]

Domestic Abuse and COVID-19: a new protocol to ease confidentiality concerns for victims

Domestic abuse is an incredibly serious crime which often goes unreported and unnoticed, leaving police data on such crimes only accounting for a small part of a larger issue. While recent data does show that domestic abuse is on the rise, it is difficult to say for certain that the rise is directly related to […]

£1,000,000 Voucher Scheme Launched to Promote Family Mediation

On 26th March 2021, the Ministry of Justice announced a voucher scheme to encourage families to resolve disputes on children, finance and properties by mediation, rather than through Court proceedings. Under the scheme, eligible families will receive a one-off £500 vouchers towards their mediation costs.   In this blog we will discuss how the Family […]

Child protection mediation services to be considered in England and Wales after Nuffield come forward with recommendations

The Nuffield report   The Nuffield Family Justice Observatory aims to improve the lives of children and families by putting data and evidence at the heart of the family justice system. Recently, they put together a report which grouped together evidence gathered from 17 studies on child protection mediation in Australia, Canada, and the US, and […]

New Safety Measures Brought in for Victims of Domestic Abuse during Remote Hearings

Domestic abuse has unfortunately been on the rise since national lockdowns became part of life. People are forced to remain indoors most of the day when in some cases their home is the most dangerous place for them. This terrible crime destroys families and ruins lives. Measures must be taken to put an end to […]

Family Litigation: Relocation of children must only occur in exceptional circumstances

In relation to family litigation regarding children’s custody, the general position is that the child’s usual residence should not be changed unless in exceptional circumstances. When considering the issue of usual residence, the Court will consider how long the residence has lasted and how well the child has settled down into the surroundings including schooling, […]

Stepping into the future? Will witnessing over video to be legalised in the wake of COVID-19

Wills witnessed using video technology such as Zoom and Skype are to be legalised, as the government aims to make it easier for people to have their final wishes met during the pandemic, and start to look ahead to a post-Coronavirus United Kingdom.   The basics of this new policy is as followed:   Government […]

De Facto Adoptions Given Wider Allowances by Home Office

The Home Office has just published its internal guidance to caseworkers on visa applications for children who are adopted or to be adopted in the UK. Noticeably, the guidance has provided much needed clarification on the eligibility of de facto adoptive children coming to the UK and joining the family they have been integrated into, […]

Family Law Focus – The Importance of Consent Orders

When a family finds itself going through tough times, one of the best remedies can be a plan for the future which can help bring clarity to an otherwise murky situation. Even when a family is breaking apart, being certain about how assets are being divided can bring some much needed stability, and provide a […]

New Bill Puts End to Divorce ‘Blame Games’

Divorce is always going to be a hard thing to go through, whether you’re one half of the unhappy couple, a child of divorce or a close friend caught in the crossfire. It can be a hugely emotional time and often it’s made worse by the ensuing legal battles concerning property and custody of kids. […]

Custody battle between parents – how to make the best of a bad situation

The love between a parent and their child forms the base of the strongest bond imaginable between humans, and most families will do whatever it takes to stay together. However, sometimes life gets in the way and family situations are not always going to be perfect. We recently handled a sensitive family case, and are […]

More Brexit confusion – what is happening with free movement?

The Home Office has hinted that EU free movement rules will end immediately if there is a no-deal Brexit on 31 October, sparking mass confusion and offering no concrete information.   This change could affect the rights of EU citizens who arrive in the UK from November onward.   Former Prime Minister Theresa May was […]

New divorce laws mean couples can split a lot more amicably.

Divorce is never easy and can have negative effects on all those involved, from the couple in question to their children, extended family and even friends. What makes divorce even worse is when the process is dragged out over a long period of time, where the pain is made worse by seemingly endless blame games […]