It is vital to obtain early advice when contemplating a divorce or separation, particularly when there is an international element to the decision. Whether divorcing parties marry or live outside of England and Wales, or they have property or investments...
Once parties separate there is sometimes a disagreement as to which school their child should attend, particularly if the separation results in a child’s address changing or if parents have separated some time before a child starts school. A...
When parents separate, an issue that can arise is that of changing the child’s surname, usually because the mother may wish to revert to her maiden name or perhaps if she meets a new partner and the new family unit wish to all share the same name. It...
In the year ending March 2018, an estimated 2 million adults aged 16 to 59 experienced domestic abuse in the last year (1.3 million women and 695,000 men). This is an alarming government statistic. Something needs to change and fast....
It is now fairly well accepted that the rule in family proceedings is that “each party pays their own costs”. At least, it has been so since 2006 when it was incorporated into the Family Procedure Rules following judicial criticism in 2003. ...
We are delighted to announce that we have been shortlisted for ‘Family Law Firm of the Year: South’ at this year’s Family Law Awards. The Family Law Awards , which will take place on Wednesday 27th November in London, is a highly...
After commending the programme I Am Nicola, aired by Channel 4, I was thinking how useful it would be if we were able to watch a programme where a male suffered abuse at the hands of a female perpetrator. Unfortunately, in my experience it is not uncommon to...
As we are coming to the end of the school summer holidays, the issue of a child being returned from a pre-agreed holiday may be an anxious time for some separated parents. More often than not, when parents separate, the issue of holiday contact and a summer...
Did you watch the Channel 4 programme “ I Am Nicola ” aired on 23 rd July 2019 starring Vicky McClure and Perry Fitzpatrick? It was extremely powerful viewing offering great insights into the insidious nature of emotional abuse. Nicola and...
It would be nice to think that the idea of having your children home for six long and sun filled weeks would bring a certain amount of pleasure to parents and I am sure that it can. However, the other side of that is the worry about childcare, if parents...
At the start of any relationship or even if you are thinking of getting married you may not be thinking about getting a pre-nuptial agreement. However more and more people are finding out how their relationships can be strengthened by them discussing...
If you are in the farming community and in the midst of a separation, the thought of divorce and somehow untangling assets is probably one keeping you awake at night. However, whilst cases which centre around a family farm can be complicated, we at...
Will “no fault” divorce bring about a whole new concept – divorce in haste, repent at leisure? The proposed new legislation for no fault divorce means that one spouse/civil partner can give the other formal notice that they want a...
Divorce can be a difficult, stressful and traumatic time and it is therefore arguable that it is never a good time to divorce. However the recent case of Jenkins v John Collins Partners Solicitors Ltd published on 4 th April 2019 illustrates that timing in...
As of March 26th 2019 we find ourselves on the cusp of new legal territory in the world of Family Law, although what substantive difference it will make on a practical level is dubious. On 26th March 2019 the Civil Partnerships, Marriages and Deaths...
Law firm Brethertons LLP is delighted to announce that one of their Partners, Matthew Montanaro, has been appointed to sit as a Deputy District Judge. Matthew Montanaro a Partner in the Child Care Team was appointed to the Midlands Circuit on the 13...
In my 7 years in practice I have come to realise something; at the risk of sounding woefully unromantic, a property purchase is a business transaction. Full stop. Like purchasing shares in a business, buying a classic car or even investing in legal...
We are pleased to welcome a new Solicitor, Priti Vadgama , to our Family team . Priti’s experience is varied across all aspects of Family Law including, divorce, cohabitation issues, financial issues arising from divorce and separation...
Well it’s that time of year again and for those more optimistic than me it can be a time of anticipation and excitement. What could be better than waiting for a huge romantic gesture from either your partner or your potential new partner? I do wonder...
Our Innovative Approach: Why we are offering our fixed fee divorce for a third of the price. It is a common misconception that divorce is a simple and easy process, especially with the large, confusing and repetitive information that can be found on the...
It was good to see and hear in the media last week that there are going to be potential changes in Domestic Abuse Laws in the future. It feels at last that some of the ‘mysteries’ around domestic abuse are being addressed. Not so long ago when...
The idea of domestic abuse usually conjures images of physical suffering however, a great number of individuals suffer from emotional abuse which is just as damaging but often suffered for longer due to the lack of visible evidence. Crystal is a fictional...
Sometimes it can be hard for parents to accept that even though they believe they have done their very best to protect their children from the conflict between them, children can be really good at picking up on tension and there will be an emotional and/or...
Recent blogs by my colleagues Kim Lehal and Liz Headley have discussed in detail what domestic abuse is and what behaviour constitutes abuse, both physical and emotional but what help and protection is available? Non-Molestation Orders Known informally...
Domestic abuse is more than violence. It is not just physical. A pattern of behaviour which seeks to take away a person’s freedom or take away their self-esteem can be more damaging than a single act of violence. Until recently this type of controlling...
Emotional Abuse It’s a sad fact that some people remain in very unhealthy relationships and become completely diminished by them. Emotional abuse is often insidious and can be extremely difficult to recognise if it has always been part of a long term...
What is an Abusive Relationship? If someone mentions the word abuse a whole range of mental images appear in people’s minds usually depicting physical maltreatment of some description, where victims are bruised, battered and left considerably visually...
We are pleased to announce that as of the 3rd September 2018, we have a Family Law Legal Aid franchise to cover the Warwickshire area with work being carried out from our Rugby office. This is an expansion from the Banbury office which has had the...
A few years ago, I was very excited to read The Children Act by Ian McEwan – one of my favourite authors and a brilliant read. You can imagine my excitement when I discovered it had been grasped by screenwriters and transformed into a film. The story...
You will be held to the terms of a prenuptial or postnuptial agreement as long as it is fair. From the days of my studies though, and the early part of my career, I always had it drummed into my head that Nuptial Agreements were in no way enforceable, and...
It’s National Surrogacy Week , raising awareness about modern families and about surrogacy. As this is a complex evolving area of law, it is therefore important that legal advice is sought as early as possible. Here is our legal guide to becoming a...
The concept of a ‘Common Law’ spouse is not a new one, but over the years the term has gone out of fashion so, I had believed the misconception was finally disappearing. I was therefore surprised to see the BBC using the term in their article ...
Well it’s the morning of February 15th and you might be basking in the afterglow of a very romantic, loving evening where you were showered with compliments, good food and other gifts. You might be in a right old ‘strop’ because your...
When things go wrong with children being looked after or under the watchful eye of the state, damages claims can sometimes be brought for breaches of their Human Rights. What can go wrong? Often it is simply that the local authority has delayed so long in...
If this has been the year where a significant relationship has ended for you, you are probably approaching Christmas and New Year with some ambivalence. These mixed feelings are very normal and natural as you are probably facing circumstances that feel...
I was interested to see on the front page of The Times recently that they are calling for an end to “unjust” and “outdated” divorce laws, and have started a campaign to modernise family law. One of the calls by The Times has...
Figures released in the news last week show that the number of divorces last year in England and Wales have increased to their highest level since 2009. It is believed that the reason for higher divorce levels is due to ‘household debt’ and...
We are delighted to announce that Gemma Kelsey , an associate within the Family department at Brethertons, has been shortlisted for ‘Family Law Associate Solicitor of the Year’ at the upcoming Family Law Awards . The family law awards, which...
Well it’s that time of year again when a lot of young people will be embarking on the next stage of their journey through the education system. Depending on their exam results, either GCSEs or A Levels, they will now have a better idea of what the near...
Two very diverse events recently have prompted me to think about writing this blog, the first was something that my son showed me that had been shared on Facebook. It concerned a Professor lecturing a group of students in America, I’m not sure...
I watched a documentary last Wenesday evening about the rising number of primary school aged children who are being permanently excluded from mainstream education. This means that pupils as young as 5 years old are behaving in such an extreme way –...
Are you a single parent with children? How are you feeling about the next six - seven weeks? The long summer school holidays are stretching ahead of you and in all probability your kids will be really looking forward to the break and not having to go...
You’ve sorted out the holiday wardrobe, you’ve bought a generous supply of sun creams, checked the passports and got your money supply sorted. The holiday reading is in the case sandwiched in between those exotic, glamorous garments that you...
As the long school summer holiday approaches I find myself having more and more frequent conversations with children and young people regarding their holidays with separated parents . Getting two holidays instead of one could be construed as one of the...
How sad it was to read last week of a woman not being allowed to escape an unhappy relationship because the judge decreed her reasons for wanting to end the 39 year marriage didn’t fit with his idea of what would make someone feel miserable and unloved...
Before the New Year I read an article in Business Insider UK that describes the results of a survey undertaken by the University of Virginia over a period of 6 years. It looked at the frequency of divorce among a total of 3597 couple who were asked two...
Leading up to the festive period, I have taken the time to reflect on many workshops which I have run looking at the issues of separation around Christmas and domestic abuse. In doing so I have written a short story which if you are going through a...
It’s the time of year when you turn on the radio and within minutes you will probably be hearing one of the classic Christmas songs. It could be Mariah singing, ‘All I Want for Christmas Is You’ or Slade with good old Noddy screaming out...
There are only 5 grounds upon which you can prove to the court that your marriage has broken down. These are adultery, unreasonable behaviour, desertion, 2 years’ separation and 5 years’ separation. Around 95% of my clients come to me...
This week 28 November to 2 December is ‘Good Divorce Week’, a national awareness campaign spearheaded by Resolution and I am fascinated by what is meant by a ‘good divorce’. Some may say that divorce can never be ‘good’...
Last night at a glittering awards ceremony at the Bloomsbury Big Top, our Family Department were delighted to receive the award for Family Law Regional Firm of the Year in the Midlands. Hotly contested by other large legal services providers, Brethertons...
Last night at a glittering awards ceremony at the Bloomsbury Big Top, our Family Department were delighted to receive the award for Family Law Regional Firm of the Year in the Midlands. Hotly contested by other large legal services providers, Brethertons...
At this time of year we are surrounded by Christmas adverts on television and in magazines. Whatever version you see, there is usually some reference to happy family times with presents, fun, food and laughter. Generations of families are often seen enjoying...
Most of us treasure fond memories of family Christmases but it is becoming more and more common for children to experience Christmas in two separate homes and managing this can add additional stress to what already can be quite a challenging time for...
This topic is one very close to my heart as my youngest daughter is due to get married very soon. Her Dad and I separated over 17 years ago so we have had plenty of time to ‘let go of the past’ to use a cliché, however it is exactly this...
I always knew this day would come, the day I would have to come out of the closet and officially announce that I am a Grumpy Old Woman and that in some ways I fervently dislike social media! There, it’s out now for all to see and in some cases no...
After recently writing a blog about parental alienation (link here ) and wondering whether this was more likely if the parental relationship was abusive, I was drawn to think more about how often I have to say to clients that they are the victim of...
We were at the Alternative Parenting Show on Saturday and what a show it was! Fertility experts, surrogacy experts, fostering & adoption experts, legal experts, community networks, parents and celebrities all sharing their experiences under one roof for...
This week is Alternative Family Week - a week dedicated to raising awareness about modern families and giving advice to everyone who would love to be parents. Here is our legal guide to becoming a parent through adoption. Adoption In order to adopt a...
Alternative Family Week - your guide to surrogacy This week is Alternative Parenting Week - a week dedicated to raising awareness about modern families and giving advice to everyone who would love to be parents. Here is our legal guide to becoming a...
I was saddened to read in an article in The Guardian that Parental Alienation Syndrome in children was on the increase – saddened but not necessarily surprised. In my role as a consultant counsellor speaking to parents who are going through...
Domestic Abuse has historically been referred to as Domestic Violence. Domestic Abuse however, is not just physical violence against someone. Domestic Abuse also covers emotional and psychological abuse as well as coercive behaviour. Many people are often...
Figures from the DWP published recently indicate that 26% of people who contacted the Child Maintenance Service (or CSA, as it used to be referred to) between February 2015 and January 2016 have set up a Family Based Arrangement. But many people do not...
The short answer is that everyone should have an up to date Will to ensure that their wishes are put into effect after their death. However, it is particularly important to check whether you need to make, or amend a Will when you are going through any...
Well today is the day that A Level students will find out whether they have attained the required grades to progress on their chosen path, next Thursday GCSE students will face the same situation. There will no doubt be tears, tantrums and celebrations and...
I have just been reading an article in the Guardian on how to survive your ex taking your children on holiday and it has brought home to me how many of the people that I speak to struggle with a myriad of emotions when they have to face this. It would be...
I was interested to read some research by Co-op Legal Services around the reasons why couples choose to divorce in the UK. I wasn’t unduly surprised that top of the list was “An inappropriate relationship with someone else” but quite what...
If separated parents try to maintain an overly friendly relationship with each other it can be very confusing for the children, especially the younger ones. If the kids have been given a clear, firm message that Mummy and Daddy no longer love...
If you’re as ancient as me you will remember Cliff Richard extolling the joys of a Summer holiday – “fun and laughter for a week or two” - well, for some couples the very idea of spending two long weeks together with their children...
One of the sad repercussions of family breakdown is the potential dismantling of the extended family. If children predominantly live with one parent it can sometimes be difficult for the non resident parent to find the time and opportunity to make sure a...
Recently, Linda Jones brought our attention to Operation Encompass; a scheme whereby schools are informed if there has been an incident of domestic abuse in a child’s home to which the child has been witness. This feels like a big step...
Some interesting news has recently appeared on the BBC website about how “a leading public health expert” has expressed a view that UK parents should receive government funded lessons on parenting children. Divorce through the eyes of a...
Following separation it is often difficult to make arrangements for the children to spend time with both parents and is often the biggest disagreement that continues for years following. What is always important to consider is what is best for the...
With many people relocating to different countries around the world and couples choosing to marry abroad now, this can sometimes cause confusion as to where people can legally start divorce proceedings if their marriage breaks down. It is not as simple as...
Separation or divorce is always an incredibly emotional and stressful time for anyone involved, especially for children. Parents are always advised to communicate effectively with one another for the benefit of the children but a number of separating...
When – arguably - England’s greatest ever football striker, excellent TV football pundit and advertiser of a well known crisp company, Gary Lineker, speaks, people listen! His latest foray is an attack on the divorce system. Gary, having...
An area that is often taken for granted in separating couples is the question of whether they are entitled to their spouse’s inheritance. The common theme seems to be that people assume they have an entitlement to anything held in their spouse’s...
Yes you have read that correctly, this week the Court fee to start Divorce Proceedings has increased from £410 to £550! This increase has been in discussions for a long time, with the Ministry of Justice running a consultation from 22nd July...
If you have recently separated from your partner, you may not know what your rights and responsibilities are in respect of your children . It is not just the day to day arrangements that need to be sorted out but also the school holidays. Holiday...
Madonna and Guy Ritchie have been in the news recently about their court case concerning their son Rocco. Reports are that Madonna has applied to withdraw her case under the “Hague Convention” or more informally referred to as ‘ child...
Many people in the UK remain in volatile or unsuccessful marriages for many reasons and I am frequently told by prospective clients that they do not wish to seek a divorce ‘because of the children’ or because of ‘religious beliefs.’ A...
In the UK, the amount of married couples separating is on the rise year after year. I often get asked if it is possible to resolve financial matters before deciding to formally end a marriage and start divorce proceedings. The answer is yes, a separation...
Domestic violence is unfortunately becoming increasingly common within England and Wales but thankfully measures are already in place to protect vulnerable spouses, partners and others affected. BBC News announced this morning that a new programme is...
When I was young, a long, long time ago, Valentine's Day was just about letting someone know via a card that you were interested in them (aka fancied the pants off them!). Oh the excitement when you heard the rattle of the letterbox on February 14th, the...
The very short answer to this question is “no”. Legally there is no such thing as a common law husband or wife. It is a very common misconception that if you live with another person for a period of time that you acquire rights in relation to...
With Newspapers and gossip magazines printing that Celebrities are getting 'quickie' divorces based on 'irreconcilable differences', it can be difficult to understand the real process of a divorce and how it works. To set the record...
Well speaking of January divorces none would appear to be quite as public as Cheryl Fernandez Versini’s! The decision to divorce from short term husband Jean-Bernard has obviously grabbed the attention of the tableaux newspapers and social media, all...
Well, it’s all over now, the sparkle and gloss have disappeared, any manufactured energy and enthusiasm have visibly waned and the inevitable recognition that it’s finally finished has been accepted. No I’m not talking about...
When any relationship breaks down, whether it is a marriage, civil partnership or cohabiting relationship, there are often a few questions which are at the forefront of everyone’s mind. “Do I have to move out?” is one of the most common....
The media announced today that reports of ‘Domestic Violence and Anti Social behaviour’ (DVA) have risen by over 30% in the last 12 months in the UK. This could be perceived as encouraging, with possibly victims finding the courage to disclose...
Over the last year as Legal Aid has been cut for many people, the Government and the Court have emphasised the route of mediation instead of costly Court proceedings. There are very limited circumstances where someone will now be eligible for Legal Aid and...
As divorce rates rise in the Britain to make them some of the highest in Europe, individuals ask themselves this question more and more frequently. There is no easy answer, no set of tick box questions that will come up with the ‘right’ decision...
Christmas, a time of peace and goodwill to all men (and women), or is it? For some separating or separated parents it can be a time that invites animosity and negative feelings toward each other, leaving their children in the middle of their conflict. There...
In previous blogs , I have touched on different aspects of financial cases such as maintenance or the importance of obtaining a clean break . In these blogs, I stressed the importance, within any divorce, of obtaining a Consent Order dealing with all the...
As the number of people reaching post-retirement age increases hopefully we can all look forward to a longer retirement. Will it be a happier time though? Can we look forward to making some of our dreams a reality with a partner we love? For some there will...
An area covered widely in the press recently is the question of an “amicable divorce .” The concept might seem peculiar in context when talking about the breakdown of a marriage, but the reality is that there are a large number of married...
Within any divorce, it is necessary to consider the need for a Court Order dealing with the family finances and ensuring you achieve a ‘Clean Break’ if possible. In order to reach an agreement in respect of the matrimonial finances, it...
‘Maintenance’ is a topic that I am frequently asked to advise on. Whether this is in relation to entitlement, enforcement or variation, it is a topic which has a multitude of ambiguities. So what is maintenance? Strictly...
In an ideal world, families would stay together and children would experience a healthy, balanced, loving relationship with both their parents whilst living in the same home. In reality this isn’t always possible and sometimes it is in everyone’s...
September is the time of year when parents can suddenly be faced with an ‘empty nest’. It may be that the youngest child is off to university, going travelling or just wanting to live independently, leaving Mum and Dad on their own, having to...
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