Latest News
If you and your partner/other person with parental responsibility of your child cannot agree on when you will each spend time with your child over the school summer holidays or your partner/other person with parental responsibility of your child is...
The answer to this question depends on what arrangements have been put in place. If there is no court order in place regarding the arrangements for your child, you would require the permission of those who have parental responsibility for the child. I...
You may have found yourself in a situation where you need parental responsibility in order to properly care for a child. Parental responsibility can be obtained in a number of ways, depending on your relationship with the child. What is parental...
Introduction Whilst it is always hoped and expected that your marriage will last a lifetime, sometimes, these wishes are not fulfilled. In the event of this, and to avoid litigation, it is sometimes a preference for both parties to sign an...
The short answer is yes: if a non-molestation order is made against you, you can challenge it. Background A non-molestation order prevents an individual who is in some way connected to the applicant from having any contact (Family Law Act,...
Typically married couples will be exempt from Capital Gains Tax (CGT) when they transfer (or sell) assets between themselves. This is because the disposal of assets is not treated as ‘chargeable’. The law states that the transfers between spouses...
From 6 April 2022, new legislation has bought significant changes in the divorce process. The Divorce, Dissolution and Separation Act 2020 replaces the previous “five grounds” for divorce, and therefore allows couples to divorce without...
In certain situations, such as being a victim of domestic abuse , an individual may feel they need protection from another person who is “connected” to the abuse. In this case, they are usually able to apply for a Non-Molestation Order. A...
A declaration of parentage states whether a named individual is, under English law, another individual’s parent. This can then be presented to the General Register Office, who have discretion about whether the father should be named on the birth...
The classic scenario is that the person comfortably housed in the property wants to stay there for as long as possible and the other person is desperate to sell perhaps because they are living in rental accommodation and unable to move on until they get...
Although often assumed, no matter how long you and your spouse have been separated for, this does not automatically mean that you are divorced. It is essential to follow the divorce process and apply for your Decree Nisi and then Decree Absolute. ...
Irretrievable breakdown of marriage is the sole ground for divorce in England and Wales. However, to establish this ground, a ‘fact’ must be proven. One of these facts is adultery. Same sex couples, however, are unable to use...
If you are not married and the property is in your sole name then your cohabiting spouse does not generally have an interest in that property. However, where a cohabiting partner makes financial contributions to the property for example paying...
A ‘Barder Event’ describes a circumstance when an unexpected and unforeseen event invalidates the fundamental basis upon which a financial remedy order was made. If such criteria are satisfied, the Court can revisit and alter the previous...
As the law stands currently in order to get divorced before 2 years have elapsed since you and your spouse separated you or your spouse has to rely upon a fault based fact to evidence the irretrievable breakdown of your marriage to the court. This...
In order to change a child’s name who is under the age of 16, whether that be forename or surname, all those with parental responsibility have to be in agreement. If those with parental responsibility are in agreement, then simply a change...
In order for your divorce proceedings to progress to the Decree Nisi stage you have to be able to prove to the court that your spouse has received your divorce petition and has had the opportunity to respond to it. It can therefore be very...
An engaged couple may consider preparing a pre-nuptial agreement documenting what should happen to their assets in the event that their marriage comes to an end. Such an agreement may be contemplated, in particular, in the following...
The family court has recently been asked to consider a mother’s appeal against an order made in Child Arrangements Proceedings that she should contribute to the costs of maintaining the parties’ child’s contact with their father. ...
If you wish to separate from your spouse and deal with the financial matters arising from your separation there are a range of options as to how this can be done: Reaching a direct agreement- some parties reach an agreement directly as to how they wish...
