Latest News
If it is not possible to reach an agreement about where a child should live and/or how their time should be divided between their parents, then an application for a Child Arrangements Order can be considered. If mediation isn’t suitable or fails then...
What Is an occupation order? When a relationship breaks down, one of the most difficult and urgent issues can be deciding who should remain living in the family home. This can become even more complicated where there are allegations of domestic abuse or...
The practical steps that need to be considered following a relationship breakdown or separation can depend on where you are married or unmarried, and whether you have children together or not. Children matters If you and your ex-partner...
One of the most common questions we are asked in divorce cases is whether the financial assets are automatically divided equally. The short answer is no. The case of White v White emphasised the importance of equality when assessing fairness but this does...
The point of obtaining a joint valuation at the parties’ joint expense is to bring to an end any disagreement about the value of a particular asset. This is why when the parties jointly instruct a surveyor to act as their expert the decision made...
If one party to a marriage wants to retain the Family Home or there is a minimum amount that they require in order to re-house in a property that meets their needs then before the negotiation process can begin the parties have to reach agreement with regard...
My spouse and I are in agreement regarding the financial side of the divorce. Do we need to do anything more formal? It is possible in the jurisdiction of England and Wales to get from married to divorced without formally dealing with the...
What is a prohibited steps order? A prohibited steps order, often referred to as a PSO, is a court order under section 8 of the Children Act 1989. A prohibited steps order prevents a specific action that is not deemed to be in the child’s best...
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...
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...
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...
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...
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...
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...
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...
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....
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...
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...
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...
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,...
