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Please note that this article does not cover situations where there has been Local Authority involvement. The fallout from a divorce or separation can have far reaching consequences. Hostility between separating couples can often have a knock-on effect...
The turn of the new year saw the introduction of civil partnership for opposite sex couples for the first time. While this was a welcome, progressive change, the huge gulf in the law which exists for couples who choose to live together, without registering...
Many clients who have attended a meeting with a solicitor or done their reading online will have heard about mediation as an option for resolving disputes around family breakdown. The government’s strategy for family justice is to require people to...
The Law Commission and Scottish Law Commission recently jointly conducted a public consultation on their provisional proposals to reform the law governing surrogacy which closed on 11 October 2019. After a period of reviewing the responses, a final...
It is a frequent question at the first meeting: can I ask my ex-partner to contribute to my costs of the ‘divorce’? In today’s post, I will be addressing the three most common areas of a separation: the divorce or dissolution ; resolving...
Q: Are they only for the rich? No. Such agreements are increasingly being used by a wide range of people to seek to limit the claims that might otherwise be made upon divorce. An agreement more often relates to people who have: Built up assets prior to...
The issue of “no-fault” divorce has been dominating the family law world for the last few years. Following the highly publicised case of Owens v Owens, family law professionals have campaigned for the Government to introduce new legislation to...
The summer holidays are upon us. What should be a time of happy anticipation can be stressful in the circumstances where separated parents do not agree on whether their former partner can take their child on holiday or do not agree on the destination. If...
For most of our clients, their priority is to resolve their matter as amicably as possible. It is important for us to do this, where possible, to keep both their legal fees and their stress levels down. In terms of a divorce (this does not include the...
The approach of the family courts in cases involving domestic violence has increasingly come under fire for not providing sufficient protection for vulnerable litigants. Concerns were raised by campaigning organisations and survivors that the legal...
Due to a change in the law on 3 January 2019, it is now possible for single parents who used a surrogacy service to obtain orders from the English Court, by which they will be recognised as the legal parent. Under English law, the surrogate is the legal...
For parents going through separation or divorce , the arrangements for the children will be at the forefront of their minds. Divorce or separation is one of the most stressful events that one can experience, but when there are children involved, the...
When parents can’t agree the arrangements for their children (such as where their child will live or how much time he/she will spend with each parent) and family mediation is either not suitable or has broken down, one parent may make a court...
Back in June, I wrote a blog following the outcome of the Supreme Court case of Rebecca Steinfeld and Charles Keidan, a cohabiting couple seeking legal recognition that the current law surrounding Civil Partnerships was discriminatory. Heterosexual couples...
The expression “meal ticket for life” is the latest media speak for its 1980’s equivalent “taken to the cleaners”. It is designed to strike fear in the hearts of all hardworking spouses that their future income will never...
The call for no-fault divorce in England and Wales was renewed this morning after the Supreme Court handed down judgment in the highly publicised case of Owens v Owens . By way of brief background, Mr Owens is 80 and Mrs Owens is 68. They have been married...
On Wednesday, judgment was handed down from the Supreme Court in the much-anticipated case of R v Secretary of State [2018]. This case is concerned with the Civil Partnership Act 2004 (CPA) and specifically, whether it breaches the parties’ rights...
Cohabiting couple families are the fastest growing family type – they are the modern family. The latest figures tell us that the number of cohabiting couples more than doubled between 1996 and 2016 from 1.5 million to 3.3 million, and this number is...
This week, for the first time, a man has been jailed for causing his former girlfriend’s death by suicide through his coercive and controlling behaviour. The mother of three had only been in a relationship with the man since March 2017. She endured...
The relationship between Scotland and England has always been a tumultuous one, but history tells us the two nations are more alike than either would care to admit. There was indyref followed by brexit which has prompted talk of indyref2 then to...
Love them or loathe them, Kim and Kanye West’s decision to use a surrogate mother in the creation of their family has placed the international media spotlight firmly on surrogacy. The Wests are far from alone, with the latest CAFCASS figures...
The proliferation of 'online divorce' over the last decade (from intriguing novelty to market presence) has highlighted not just a growing appetite for accessibility but also simplicity in the process. It was therefore only a matter of time before...
It is #NationalMediationWeek this week, and so on our blog we are focusing on the how, what and why of mediation as a process. At the firm we have two qualified Resolution mediators - Peter Burgess and David Lillywhite who are trained to help clients work...
This January, we’re reflecting on change. January is often a time of change and renewal in family life. Change can feel liberating, or it can feel devastating, but it can be transformative if managed well. In the words of Barack Obama...
