Personal Representatives – what are they?

Today, we are going to follow up our article on what steps to take when someone dies by informing you about the duties of personal representatives, otherwise known as executors and administrators. Personal representatives are people who have the personal responsibility and legal authority to ensure that the deceased’s estate is distributed correctly.   While […]

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”, […]

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.   […]

If a couple who own UK properties got married in a foreign country, is it better to divorce there or in the UK?

The UK is a country which is home to many immigrants from across the world. Like a lot of immigrants to the UK today, the individuals in this case decided to settle after coming here to study, meeting at work and eventually getting married. However, the situation is complicated by the fact that the couple […]

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 […]

Child arrangement – frequently asked questions

Fourth in our series of frequently asked questions about family law is the subject of child arrangement. These are usually only relevant in the matter of a divorce or separation.   You can read the previous articles in our series of Family Law frequently asked questions here.   What is a Child Arrangements Order?   […]

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 […]

Do I have rights in the matrimonial home if it’s in my spouse’s sole name?

By Chevonne Lin   The matrimonial home is undoubtedly one of the most valuable family assets one will own. As a consequence, people will often have a lot of questions and concerns about what might happen to it in the event of a divorce.   As you would expect, the law varies depending on the […]

To what extent can a prenuptial agreement determine the outcome of financial provisions following divorce?

By Xinlei Zhang   January may be behind us, but despite its status as the most popular month for divorce, that certainly doesn’t stop us bringing you the latest developments in divorce law throughout the rest of the year.   This article is no exception. Today, we take a look at a common aspect of […]

Hussain v Parveen – when is a transnational divorce invalid in the UK?

As a London law firm which deals with clients from a variety of countries and backgrounds, we are used to facing questions about divorces filed outside of the UK. In today’s article we will take a look at an important case (Hussain v Parveen) in which the High Court clarified the validity and related requirements […]

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. […]

Woman seeking to separate from her husband finds that he secretly divorced her decade ago! What legal lessons are on show in a surprising recent case?

We all know that some marriages are less successful than others. This is a normal part of life and divorce has become increasingly common in recent years, with less stigma being attached to it than ever before. It is far better to accept that a marriage does not work than to suffer in silence, with […]

True father revealed at last! What did the courts decide in a recent parentage case and what does the result mean for the family?

It goes without saying that your family is a massively important part of your life. If you are fortunate, they are the people that will be by your side through the good times and the bad. The people in your family can play a major role in your personal development and may influence your personality, […]

EU Residency Rights not available to ex-partners who have experienced domestic abuse – what can we learn from a recent case?

We focus on a case today which is just one of many pending cases which have been stagnating since before Brexit, and are potentially affected by alterations of rules due to the UK leaving the European Union. The main issues within this case revolves around the Home Office denying the claimants right of residence in […]

When will security for costs be ordered within family proceedings, and what can we learn from a recent case?

When it comes to family proceedings, the default position is that each party covers their own legal costs. If there is some unreasonable conduct by one of the parties, or circumstances that are deemed relevant enough to warrant some kind of financial support or guarantee, then the courts may take this into consideration and orders […]

Mother’s plan to keep child backfires! A look into child custody and supervised contact

The love and responsibility that parents feel for their children can be one of the most powerful things in the world. Often, parents will make life decisions based around what is best for their children, even when it means a harder life for themselves. However, there are times when parents can make the wrong decisions […]

If your ex-spouse has taken your children and moved permanently to another country, can you bring them back?

Written by Angeline Teoh.     If you and your ex-spouse are separated, it is illegal for any parties to take the child(ren) abroad without the other parent’s consent, unless permission from the Court is obtained. Failing to obtain consent from the other party will make you run a risk of falling foul of the […]

Child Arrangements Orders: What are they and How To Apply?

Written by Angeline Teoh.   A Child Arrangements Order (CAO) is an order that regulates arrangements for a child. The Court can make orders relating to children arrangement, such as who should have children’s custody and how contact with children should be maintained and in what way. This article will try to cover the common […]

Can a judgement summons be used purely to commit a debtor to prison?

When marriages end, the effect on those involved can be emotionally intense. Many difficult, but necessary, aspects of a life previously shared must be divided up and responsibilities need to be assessed and assigned. Where money is involved, things can take a nasty turn, particularly when one partner owes the other a significant amount.   […]

Can you sell your matrimonial home in divorce proceedings?

Written by Xinlei Zhang.   As we explained in our previous article, the Court will generally apply the equal-sharing principle in resolving financial dispute in divorce. In most cases, the parties’ matrimonial home will probably be the most valuable asset. The Court has power to make such adjustment order and/or order for sale as it […]

Childlessness and Short-lived Marriages are not Decisive Factors in Family Asset Division

Written by Xinlei Zhang.     When considering financial resolution in divorce, usually couples are able to agree on financial arrangements between themselves or with the help of solicitors. If this is not possible, you may seek help from family mediation or, as a last resort, seek a Court order. Let us delve into the […]

When does the Bank of Mum and Dad finally close? A look into ‘adult child’ maintenance.

Young adults living with their parents is not as unusual as it was a couple of decades ago. The prices of houses has gone up, especially for those living in major cities, and more and more people decide to carry on studying before taking up real jobs to earn enough money to afford rent and […]

Working with children during COVID-19 – A look at the new Legal Guidance

New legal guidance regarding working with children during the Coronavirus pandemic has been released by The Children and Family Court Advisory and Support Service (Cafcass).   What do Cafcass do, exactly?   Cafcass represents children in family court cases in England. They advise courts about the best interests of children and help the voices of young people […]

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 […]

Sky-high divorce rates part of the Coronavirus impact

The coronavirus pandemic has been difficult for everyone, but for marriages that were already in rough water the lockdown and restrictions brought in by the disease have been the final straw for many couples. Being on top of each other for a long period of time may have magnified issues that had been there all […]

Wedding bells are ringing! New reforms to offer new options for couples tying the knot

After the difficulties that 2020 has served up to us it is always nice to remember the good times in life, the events that bring families and friends together to celebrate and enjoy each other’s company.   Weddings are up there with the biggest events in life and it appears that they are going to […]

A Rightful Owner Or A Trustee For All?

Written by Stephanie Chiu.   A trust is not a novel concept to many. It is a way of managing a person’s assets. A person (a settlor) places his/her assets into a trust, appointing someone (trustee which can be the person him/herself) to manage the assets for the interest of someone else or even the […]

Moving further into the modern age? Probate applications to go online!

In a world that revolves so much around technology, it is only right that the legal sector keeps up. This is why all probate applications made by solicitors would have to be conducted online under recent proposals from the Ministry of Justice, encouraging practitioners to go step forward into digitisation.   What exactly is probate? […]

Non-molestation orders – A way to free yourself from abuse

People spending a lot of time indoors due to lockdown naturally meant that couples who were having issues previously experienced an amplification of the problems in their relationship. This led to a spike in separations and divorce, which is usually a tough time for the individuals involved and their family members.   What makes this […]

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 […]

Success story from Lisa’s Law – Settlement visa attained for mother and child

The overarching reason why Lisa’s Law exists is because we want to help people. Whether this be supporting someone just starting out to get their first business up and running or assisting a family in moving into their first home, we aim to be a pillar of support throughout the entire journey.   We recently […]

Money Talks! How can cash lead to quicker UK settlement?

It is no secret that having plenty of money is an extremely helpful and advantageous situation to find yourself in. It brings added security and comfort to your life. Although finding yourself in this situation is difficult and often requires tonnes of hard work, some luck and lots of support; however, it can indeed make […]