Nuptial agreements (prenuptial entered into prior to the marriage and post nuptial during the marriage) have increasingly become an effective tool to formalise arrangements and protect assets upon divorce. In today’s financial landscape, personal...
A year ago, my colleague Caroline Elliott posted a blog regarding the possibility of reform of the law in England and Wales surrounding cohabitating couples. This followed the statement made at the Labour Party conference in 2023 by the then shadow...
Over the last thirty years the number of divorces between men and women aged 60 and over has increased by an astounding 85% despite an overall decline in divorce rates. The last decade has shown men over 65 divorcing has risen by 23% and the number of women...
The details of the recent case involving the children of Lauryn Goodman and Kyle Walker have been played out in the tabloids and on social media for all to comment. Quite understandably, it may seem arguing about hot tubs, bespoke stair gates and astro turf...
A common trend in child proceedings is for parents to become overly absorbed in their own opinions and vendettas, whether consciously or subconsciously. This often results in parents losing sight of the true focus of the proceedings and what is paramount to...
There are many reasons for a parent wanting to relocate following a separation and divorce, including to move closer to family or a new partner or for job opportunities. Relocation will have a big impact on any children of the relationship, as well as any...
This is a common question asked of family lawyers. A ‘good divorce’ usually means a divorce without the hostility generally associated with divorce proceedings. In some cases, hostility can be pushed to one side and parties can proceed...
Child Arrangements Orders were introduced in 2014 and replaced Residence Orders and Contact Orders. They regulate with whom a child is to live or spend time with. They usually arise as a result of an application to the Court under the Children Act 1989...
Since March 2022, the Pathfinder Pilot Scheme has been trialled in the family courts in North Wales and Dorset. The scheme was implemented to trial a more problem-solving approach, which is aimed to improve the court experience and outcomes for survivors of...
The prospect of physically attending Court and appearing before a Judge or Lay Magistrates for parties involved in Family Court proceedings, whether that be for dealing with children disputes or financial proceedings, can be extremely daunting, particularly...
The Child Maintenance Service (CMS) replaced the already existing Child Support Act 1991 in 2012. CMS calculates how much child maintenance a parent is entitled to when the one parent does not live with the child if it cannot be agreed between the parents,...
CAFCASS, the ‘Children and Family Court Advisory and Support Service’ defines the term parental alienation as ‘The unjustified resistance or hostility from a child towards one parent as a result of psychological manipulation by the other...
Mediation is a fantastic tool that serves as a shining example of conflict resolution, fostering understanding and collaboration in a world often marked by disputes. As we gear up for National Mediation Week 2024, supported by the Family Mediation Council...
The financial claims arising from the breakdown of a marriage are determined by the judges of the Family Court. The only reliable guide to the conduct of this discretionary exercise is contained within the legal structure imposed by Sections 25 and 25A of...
A very common question asked by many separating parents - who holds the children’s passports? This question is especially relevant if there is a shared care arrangement in place so that children split their time equally between two households, either...
It is now coming up to 2 years since the Divorce, Dissolution and Separation Act of 2020 (better known as a No-Fault divorce) came into force. What has been the impact of no-Fault Divorce? No-Fault divorce came into effect from 6 th April...
Co-parenting during the holiday season, particularly Christmas, can be a delicate situation for separated parents. Balancing traditions, expectations, and the desire to create meaningful experiences for children requires open communication and cooperation....
Sharia law is the system of religious laws within Islam and is derived from the Qur’an. It deals with all aspects of a Muslim’s life, ranging from family and financial matters to personal hygiene and clothing. It is increasingly used in parallel...
It is a common myth that couples who live together, known as “cohabitees,” are protected under ‘common law marriage’ but this is not the case. There are approximately 3.6 million cohabitating couples in the UK and such family types...
There are many myths around divorce, but how many of them are true – we’ve taken some of the most common ones below and explained the real situation. Assets are always split 50/50 on divorce. Whilst the starting point in English matrimonial...
