Legal Article
08/12/23
If the local authority asks the Court to approve the interim removal of a child from its parent's care, it must prove the five-step test. The five-step test is set out in the case of C (A child) (interim separation) [2019] EWCA Civ 1998. If the test is not applied and satisfied and the Judge…
Legal Article
03/10/23
Whilst there is no legal definition of parental alienation in the UK, it can be established as one parent implementing tactics to distance a child, from the other parent. Parental alienation is often recognised if the child becomes detached or unusually hostile towards a parent, this being a result of…
Legal Article
15/09/23
September marks the end of peak wedding season. As couples plan their wedding or civil partnership, they may want to consider a nuptial agreement. This does not mean that they are planning to break up, but in certain circumstances, this aspect of relationship planning can be prudent. What is a pre-…
Legal Article
21/08/23
There are many people involved with raising a child, whether it's a parent, stepparent, grand-parent, aunts/uncles, siblings and more. Modern families are no longer the stereotypical modern family, and this means family law must adapt with this change. A child arrangement order is a court order…
Legal Article
18/07/23
Nuptial agreements encompasses pre nups and post nups. A pre nup is made in anticipation of a marriage, whereas a post nup, also known as a post marital agreement, is made after a wedding or ceremony. Both documents have the same legal standing. Before the landmark case of Radmacher in 2010, the…
Legal Article
13/07/23
Recent research has shown a link between the menopause and the rates for divorce. Menopause is often a contributing factor to a marital breakdown. Here we look at the menopause, divorce and the statistics. Millions of women throughout the UK experience symptoms of the menopause each day. We are all…
Legal Article
03/07/23
A former spouse cannot continue with the pursuit of financial relief following a divorce if their former spouse dies before the financial proceedings are concluded The Supreme Court of the UK has decided that it is not possible for a divorced party to a marriage to continue with their claim for…
Legal Article
19/06/23
I am often asked by clients why they should have to disclose all their bank statements, salary slips, P60's, year-end accounts, pension statements and everything relating to their assets as they go through the process of disentangling themselves from their wife or husband. Many feel aggrieved that…
Legal Article
05/06/23
What is a Forced Marriage? A forced marriage is a marriage that takes place without the full and free consent of either one of both parties. Force is not restricted to direct threats of violence and can include pressure and intimidation by threats, other psychological means and even financial abuse…
Legal Article
22/05/23
It may not be the most romantic consideration when you're in the process of planning a wedding, but many couples want to create certainty as to what will happen with their assets should they divorce. Here, one of our Associate Solicitors, Sarah Robson, looks at the benefits of having such an…
Legal Article
22/05/23
A common question from parties who are separating is: who owns the engagement ring or other gifts made throughout the marriage. If an engaged couple separate before their marriage is made legal, the law dealing with the engagement ring is contained within the Law Reform (Miscellaneous Provisions)…
Legal Article
05/05/23
Cohabitating families are the fastest growing family type in the UK today. Since 1996, the number of couples opting to cohabit as opposed to marry has increased 144% with over 3.6 million families adopting the modern family type. With the average cost of a wedding standing at £18,400, the…
Legal Article
04/04/23
Are you familiar with Clare's Law, also known as the Domestic Violence Disclosure Scheme? The domestic violence disclosure scheme allows individuals to request information from the Police regarding a person's history of domestic abuse offenses and convictions. If the information shows that…
Legal Article
30/03/23
This week the Law Commission published a long-awaited report, proposing change and reform to the current law governing surrogacy in the UK. Throughout the project the Law Commission found that the current law does not work in the best interests of any of the people involved: children born through…
Legal Article
30/03/23
Can you apply to the court before the birth of a child if you have concerns over paternity? In the event that a relationship has broken down, or where there are doubts regarding the paternity of an unborn child, it is not unusual for the potential father to consider making an application to court…
Legal Article
28/03/23
There has been various changes recently in relation to the Legal Aid Agency's criteria for parents to obtain funding for a family dispute. The Legal Aid Agency have confirmed that the ability for parents to access means-free legal aid has been amended to include parents with Parental…
Legal Article
28/03/23
In 1858 divorce law was introduced in England but divorce remained too expensive for most people until the 1920s. Before 1858 divorce in the modern sense, that both partners were free to re-marry, was rare. People instead found other ways to separate - through custom, the church courts, the common law…
Legal Article
28/03/23
The law of marriage Until the middle of the 18th century marriages could take place anywhere provided, they were conducted before an ordained clergyman of the Church of England. This encouraged the practice of secret marriages which did not have parental consent, and which were often bigamous…
Legal Article
07/02/23
Following the conclusion of a recent case of mine I've put together some top tips if you are considering relocating with a child. In short these include: · You must confer and have agreement with everyone who has parental responsibility for that child. If you find communication…
Legal Article
03/02/23
The Court of Appeal have provided what is described as "essential guidance" on the consent requirements within the Human Fertilisation and Embryology Act 2008 (HFEA), in a Judgment handed down in case of Re.C (surrogacy: consent) [2023] EWCA Civ 16. The Law Surrogacy is legal in the…
Legal Article
10/01/23
Parents living in the North West who have decided to separate or divorce in 2023 are being urged to find out how to avoid courtroom confrontation to settle money and parenting arrangements, with the launch of Family Mediation Week, 16 - 20 January. January usually sees a dramatic rise in the number…
Legal Article
09/01/23
Whether you are splitting up for the first time, or the last time, separating from your partner is always stressful and upsetting. It's easy to spiral into worry about the future when everything is changing. You don't know exactly what is going to happen next and you feel like your life is…
