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Family Law

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Can I protect my assets before marriage with a prenuptial agreement?

If you have assets that you have acquired prior to a marriage, sometimes a product of a previous marriage or inheritance, or because you are getting married later in life; it is perfectly understandable to want to protect those assets or wealth prior to...

A non-molestation order has been made against me. Will this stop me from getting a job?

The making of a  non-molestation order  against an individual does not have the same impact as a criminal conviction would do.  The standard of proof is not as high as in criminal proceedings and it can be put in place by agreement without any...

Can I keep all of my assets under a prenup?

In England and Wales, pre-nuptial agreements are not legally binding documents. This means the court can override the contents of the agreement if they believe your finances should be divided differently. However, the court will uphold the agreement and...

What can I do if my ex won't acknowledge service of the divorce papers?

Once you have submitted your divorce application, the papers will be sent to your ex-partner for acknowledgement. This is as simple as following the instructions sent to their email and completing a short form online. Your ex must tick a box to say they...

Can my ex challenge the divorce if they don't want to separate?

Since the introduction of the no fault divorce, applicants no longer have to state the reasons for the breakdown of the marriage. Instead, the process has been simplified whereby the applicant only has to tick a box to say the marriage has irretrievably...

How long does a divorce take?

Divorcing your ex can be a lengthy process. The new no-fault divorce involves obtaining a conditional order, then a final order to complete your divorce. Both orders can be applied for online without the need to prove fault for the break-down of the...

Will a non-molestation order appear on my criminal record?

A non-molestation order is a type of injunction that the Family Courts can grant to prevent one person from harassing or pestering another. There is a wide range of acts that the injunction can prohibit, they commonly include: A prohibition that one person...

Can I legally force someone to do a DNA test to prove parentage?

The court has the power to direct a person to take a scientific DNA test to prove they are the parent of a child. However, this can only be done in conjunction with proceedings where parentage needs to be determined, such as child arrangement proceedings....

What is a Child Impact Report?

A new pilot programme for private law child arrangement cases was launched in Birmingham in 2024; it is due to be extended into Wolverhampton, Stoke and other  areas within the Midlands in November 2025. Pathfinder aims to improve the Court experience...

Mahmoud v Glanville - A timely reminder about costs.....

The case of Mahmoud v Glanville [2025] EWHC 2395 (Fam) serves as a powerful reminder of the consequences of unreasonable litigation conduct in private children law proceedings. In this case, the mother had repeatedly abducted the child, concealed him for...

Giving Children a Voice: Understanding Child Inclusive Mediation in the UK

When families go through separation or divorce, the emotional impact on children can be profound. Unfortunately, parents can lose sight of what is important amid emotion and decisions are made about the children’s future without directly involving...

Can I change my child's surname without the other parent agreeing?

A child’s surname can only be changed if: Everybody who has parental responsibility for the child consents to the change of name. A court order gives permission for the change in absence of the other parents’ consent.  Even informally,...

Will my children be spoken to in court proceedings for a child arrangements order?

It was historically the case that children would only be spoken to in court proceedings if the court ordered a ‘section 7 report’ whereby the children would be spoken to in the preparation of that report, or if the court appointment a guardian...

Can I divorce my husband or wife if they are in prison?

Yes, you can. Our family lawyers have handled cases of incarcerated spouses. Imprisonment can sometimes be a fact of life and it does not prevent you from initiating divorce proceedings if you choose to do so.   As long as there is a method of...

Does having parental responsibility mean a parent is entitled to access to a child?

Parental responsibility is a legal term that refers to the rights, duties, and responsibilities a parent has towards their child. Having parental responsibility doesn’t automatically give you the right to contact or spend time with your child. ...

What is the role of a child's guardian in private children proceedings?

A guardian can be appointed by the court for the children in specified proceedings. The guardian should be an experienced social care worker. Their main job is to represent the child’s best interests throughout the legal process. They are there to...

When does the obligation to pay child maintenance end and in what circumstance can it continue beyond age 16?

When does the obligation to pay child maintenance end and in what circumstance can it continue beyond age 16? Child maintenance usually ends on 31 August after your child turns 16, but only if they leave full-time education or training. If your child...

Who should our children spend time with on Christmas Day now we have separated?

Trying to decide the plans for Christmas Day can be a difficult conversation for any family, but even more so for separated parents who cannot agree on the arrangements for the children on Christmas Day or during the Christmas period more generally. What...

Can a divorce be expedited if the applicant has a terminal illness?

From applying for the divorce to finalising the divorce, the process can typically take a minimum of 26 weeks. The parties will need to wait 20 weeks from their divorce application until they can apply for a conditional order. After that, they will need to...

Can a court hearing be adjourned if there's been a bereavement to a close friend or family member?

Can a court hearing be adjourned if there’s been a bereavement to a close friend or family member? Court hearings can be adjourned in certain circumstances. This means they can be rearranged to another date, dependant on court availability. When...
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