News & Blogs
Cafcass, the Children and Family Court Advisory and Support Service, is an independent organisation that advises the family courts in England on what is safe and in the best interests of children when their parents or carers cannot agree on arrangements for...
When a marriage comes to an end, one of the first questions people often ask is what happens to the family home? It is completely understandable. Your home is the roof over your head, it may be where your children live and it is often the asset you can see...
Yes, in England and Wales you can legally gift your house to your children. However, if you plan to carry on living in it, gifting your home is rarely advisable. Once the property belongs to your child, you lose the legal protection that ownership gives you,...
As children across the country return to school, parents will soon be asked to give consent for their children to receive their annual flu vaccination. But what happens when separated parents disagree? While a disagreement over a flu jab may sound...
If you're involved in family court proceedings about your children, you may be told that the court has ordered a Child Impact Report. For many parents, this can sound daunting, especially if you've never been through the process before. A Child...
For years, unmarried couples in England and Wales have faced a very different legal position to married couples and civil partners when relationships come to an end. Now, proposed reforms being considered by the Government could significantly change that....
The recent case of BS v HC is the first case published, from the higher courts, specifically addressing the issue of the extent to which pensions earned outside a marriage, may become pensions which the court thinks should be shared between a divorcing...
Second marriages require thoughtful estate planning. If you own your home, you may understandably be concerned about how to protect your spouse’s right to remain there after your death, while still preserving an inheritance for your children. ...
If you are seeking international contact with your child who is based in England, you can apply for rights of access via Article 21 Hague Convention. Both Poland and the United Kingdom are signatories of the Hague Convention. The issuing of an Article 21...
If you are experiencing abuse at home, it is important you take measures to ensure you stay safe, especially when ending the relationship. Although the Court can offer protection against an abuser, it can sometimes take some time before a final Order is...
Children Act 1989 proceedings involve several different types of hearings which each serve a specific purpose in the family court process. The main types of hearings are as follows: First Hearing Dispute Resolution Appointment (FHDRA) A First Hearing...
Within Family Law proceedings, it is usual practice for CAFCASS to be instructed to complete a safeguarding letter. This is usually ordered upon the court considering the C100 application made by the issuing party at the start of the proceedings. CAFCASS...
A Specific Issue Order and a Prohibited Steps Order are Orders made by the Court within Section 8 of the Children Act 1989 Proceedings. A Specific Issue Order can help parents resolve a disagreement they may have on a particular matter. Examples of matters...
A Child Arrangements Order is an Order, made by the Court, within Children Act 1989 Proceedings. The order can set out where a child is to live and whom the child is to spend time with. When should I apply for a Child Arrangements Order? Following the...
Often, during a marriage, both spouses will be part of the family business. Sometimes both will play an active role in the day-to-day running of a business, and sometimes one spouse may take a minor role, or be part of the business, only for tax efficiency...
Getting the value of a business right in matrimonial proceedings is essential, as is understanding the nature of the business, its assets, and its overall liquidity. Without this crucial information, a deal may be reached which leaves one party at a...
This is the French version. If you would like the English version you can view it here . En France, lorsqu'un couple se sépare ou divorce, les deux parents continuent d'avoir des droits et des obligations envers leurs enfants, connus sous le...
In France, when a couple separates or goes through a divorce, both parents continue to have rights and obligations towards their children, known as “autorité parentale” or “parental authority”. This means that both parents have...
The situation in Syria has undergone a significant and sudden change. The regime of President Bashar al-Assad has collapsed. The situation regarding returning to Syria is complex and fraught with uncertainties, even after the fall of the Assad regime. If you...
Child abduction from the UK to countries of conflict has been a growing concern over the past years. This has become a greater concern following the political challenges in Syria, and the overthrow of the government. Many now view Syria as a free country,...
This is the Japanese version. If you would like the English version you can view it here . ...
It is well known that Japan remains one of the only countries in the world to have maintained exclusive child custody. This means that when a couple in Japan separates, only one parent is granted sole custody of the child/ren. Sole custody is usually granted...
The term ‘child abduction’ often has very sinister connotations and more usually is associated with a stranger taking a child. In reality, abduction often carried out by one of the child’s parents who has parental responsibility. A...
Stay-at-home mums can feel particularly vulnerable during a divorce. There can be a lot of uncertainty about their rights and how their needs will be met following the end of their marriage, as well as how their children’s needs will be accounted for....
Recently I have had an interesting discussion with a good friend and colleague regarding stepparents, their role, how they are seen and what they can be called by their stepchildren. It’s always useful to have conversations where differing views can be...
Within English Law important decisions regarding a child’s upbringing must be consulted with both parents who hold parental responsibility. Parental Responsibility is defined as "all the rights, duties, powers, responsibilities and authority...
Who gets what in a divorce is, understandably, one of the first things people will consider if their marriage has come to an end. The outcome can make a huge difference in your financial security and quality of life post-marriage, so it makes sense that this...
Divorce is one of the most disruptive life events a person can go through. If you are facing the prospect of having to sell your home and move as a result of divorce, this can make things even more difficult. Selling a house during a divorce can be a very...
There are various reasons as to why a parent may wish to move away and relocate with their child. For example, they could have a new job, or they might want to be closer to a family support network or to find or leave a relationship. Often, in these cases...
Unfortunately, there is no easy way that relationship breakdown can be accepted without experiencing the pain of a significant ending. The two people involved in any relationship breakdown, be it separation or divorce, will, more than likely be at different...
Sometimes referred to as Alternate Dispute Resolution (ADR), Non-Court Dispute Resolution (NCDR) are a range of methods to resolve disputes away from Court. In my blog earlier this month (which can be found here ), I wrote about the importance of NCDR, and...
In April 2024, there was a change in the Family Procedure Rules, which placed a greater emphasis on the importance of Non-Court Dispute Resolution (NCDR). This does not mean that prior to these rule changes, NCDR was discouraged, but the changes have now...
Counselling is always a very personal experience as counsellors and psychotherapists invite their clients to bring their own unique narratives about the events they want to speak about to the therapy room. Counselling can offer a confidential space for...
A common concern for people who wish to apply for a divorce is that their spouse might block or hold up the process. The good news is that there is little your spouse can do in most cases to stop or significantly delay your divorce thanks to new divorce...
While things are gradually becoming more equal, the reality is that women in heterosexual marriages are often at greater risk of financial hardship if their marriages end in divorce. Understanding your rights can give you a better chance of securing a fair...
In a divorce, the division of assets is often one of the most fraught issues the separating couples must deal with. Securing a fair split of your combined assets can be critical to your future financial security, so it is important that all assets are...
In a divorce, pensions are often the biggest asset a separating couple has to consider after the family home. A fair approach to pensions on divorce is, therefore, essential to make sure that an equitable division of assets can be agreed upon that meets both...
Getting divorced with kids can be particularly tough, with arrangements for your children and their emotional wellbeing to consider. Exactly what happens to children in divorce will depend on the circumstances, so it is a good idea to familiarise yourself...
A Consent Order is a vital legal document for divorcing couples. It sets out the terms of your financial settlement and, once the Order has been issued by a court, those terms become legally binding. A Consent Order is, therefore, how you turn a voluntarily...
How long a divorce takes is one of the first questions people often have when considering ending their marriage. The legal process to end your marriage will take a minimum of six months in England and Wales, but dealing with other aspects of your divorce,...
If you are married, an affair can be particularly devastating. Sadly, infidelity in relationships is all too common with one in five British adults admitting to having had an affair. If you believe your husband has had an affair or they have admitted as...
The 1980 Hague Convention is an agreement between various countries which aims to ensure the return of an abducted child to the country where they are habitually resident, so that issues about where they live in the future, and with whom they spend time...
The Guardian newspaper has recently published the findings of a BMJ study conducted by Danish experts regarding use of antidepressants during and following relationship breakdown or the loss of a partner or spouse through bereavement. Those who took part in...
Pension sharing orders have been available as part of divorce proceedings since 2001 however according to a Nuffield Foundation report published in November 2023, they are included in only 11% of divorces despite frequently being the largest asset a couple...
Going through a divorce comes with significant financial implications, and we are often asked how clients can protect themselves during the process. Alongside the divorce, the joint financial claims that the parties have need to be addressed, and this often...
It maybe you are reading this, having just had a conversation with your spouse about separation. Maybe you are reading this blog in anticipation of starting a divorce yourself, but not knowing what the first steps are. We are often asked how people can...
While it is no longer always the case that men earn more than women, it is still often true that married heterosexual women have lower incomes and less in other assets, such as pensions, than their husbands. This can, understandably, cause women in such...
Making the decision to divorce is one of the hardest things many of us will ever have to deal with. The divorce process itself can be relatively straightforward or much more complicated, depending on your circumstances, but either way, being properly...
We are now into February and most of us will be ready to wave goodbye to one of the gloomiest months of the year with a sense of relief. Maybe some of us have managed to stick with well-intentioned New Year’s resolutions, or maybe, like me, you have...
The task of getting a divorce can often be trying and emotional for all parties involved, especially when it comes to deciding what happens to the family home once the divorce has been finalised. The family home often has a lot of emotional and financial...
We are often asked by clients in an initial meeting what they will receive by way of settlement, and crucially what they are “entitled to”, within a divorce. Without a crystal ball, as Solicitors we do not know what assets are available for...
Ivy aged 6 Dear Santa, I hope that you don’t mind me writing to you, it’s just so you know that I am not in my usual house this Christmas. Something terrible has happened – my Mummy and Daddy told me that they don’t love each...
Going through a divorce often proves to be an emotionally exhausting experience, especially when finances are concerned. One of the first questions that any individual considering a divorce will often ask is “If I get a divorce what am I financially...
Going through a divorce is nearly always a stressful experience, and there are many factors that need to be taken into consideration as a part of the process. One of the most important is how your assets will be split between you and your ex-spouse once the...
Divorce can be a complicated and emotionally charged time, especially in terms of dividing assets. Over time, it is likely that your assets have become entangled with your spouse’s, and at this stage, you may both have opposite ideas about what...
The Pension Advisory Group (PAG) is an interdisciplinary group of judges, solicitors, barristers, legal academics, independent financial advisors, and actuaries. The group was set up in June 2017. The main objective was to provide a guide to practitioners,...
The family home is often the most valuable asset that a couple owns, so it’s not surprising that it can be a significant point of contention during a divorce financial settlement, especially in regard to questions such as “Who stays in the family...
At Brethertons we have a team of lawyers who are experienced in a variety of languages and cultures. Our own Layan Sarhan, Legal Assistant in our Children & Domestic Abuse team, has written this blog discussing Nikah Marriages in the UK. ...
Making arrangements for your finances during divorce can often prove to be a complex process. In many cases, the way your pensions are divided will be especially important, as they are likely to be among your most valuable assets and will provide future...
Unfortunately it can take a significant amount of time from deciding to separate to receiving your decree absolute/final order. During this time you are still considered to be married – this can be beneficial in terms of things like pension rights if...
When going through a divorce, your pension might be one of the most valuable assets you need to consider when dealing with your, and your spouse’s, finances. The first step to take is to obtain up-to-date CETVs (Cash Equivalent Transfer Value) for all...
International Women's Day (IWD) is an annual global event which celebrates the social, economic, cultural and political achievements of women. The day also marks a call to action for accelerating gender parity. Significant activity is recognised...
A C67 is an application form used to initiate proceedings for the return of a child to a certain Country under the Hague Convention 1980. The International Child Abduction and Contact Unit (ICACU) is a government organisation that helps the Applicant parent...
Counselling, and emotional support, can take many forms and be beneficial in a variety of contexts. Some people might believe that you only need to engage in therapy if there is something “wrong” with you, but this isn’t the case. Some...
A Child Arrangements Order is an order that determines with whom a child is to live, and/or spend time with. Child Arrangements Orders are regulated by Section 8 of the Children Act 1989. The child’s mother, father or anyone with parental...
The rules surrounding the exercise of parental responsibility of children at school can often seem complex and confusing. As a parent your child’s education is one of the most important decisions you can make, but due to the importance of this...
Family Court proceedings can be daunting, whether you are the Applicant or Respondent, especially if you are a victim of Domestic Abuse. If you are a party to Family Court proceedings, and you are a victim of domestic abuse perpetrated by the other party,...
The court process for many is lengthy, stressful, and highly emotional. Many individuals believe that court room is the only solution. However, mediation can be a suitable alternative where parties want to avoid the emotional roller coaster of court. ...
The Depp versus Heard case has attracted much interest from both the media and the general public. I know my daughters have both been following it all very closely and have been quite shocked at some of the narrative around the couple’s behaviour. I...
X v Z (Parental Order Adult) [2022] EWFC 26 A recent Family Court ruling granting a UK couple a Parental Order concerning their adult child born by surrogate in the United States in 1998 has highlighted the fact that UK surrogacy law remains desperately...
We are delighted to be highlighting our expert lawyers in a new feature 'In The Spotlight' where you can get to know our individuals and the important work they carry out each day. This week we are excited to be highlighting Dawn Millar -...
The recent case of SS v MCP [2021] EWHC 2898 (Fam) illustrates the complexity of returning a child who has, according to one parent, been abducted by the other parent to reside in India. Furthermore, it provides an excellent discussion of parens patriae...
The new divorce legislation which is coming into force from 6 th April 2022 means that couples will be able to obtain a divorce without one party having to apportion blame on the other. At present, one party can ‘blame’ the other, citing...
An Occupation Order is an Order that a Court can make, under Section 33 of the Family Law Act 1996, to determine who can remain living in a property, or defining who can enter certain parts of the home, if parties are unable to agree. This is often applied...
Many clients, when divorcing, assume that when the Decree Absolute is granted, that it brings an end to not only the marriage but also to any financial claims that each spouse has against the other. This is not the case. Only a clean break can end the...
Recently, Brethertons’ award-winning Family team supported those in need this Christmas, by running a shoebox appeal across their offices to donate items to Refuge – a charity that supports women and children suffering from domestic violence. ...
Introduction Sir Andrew McFarlane, the President of the Family Division issued a memorandum setting out the correct approach that should be taken when draft orders in the Family Court. This is available on the Judiciary.uk website. Standard Orders ...
Stranded spouses is the term used when a family travels abroad on holiday and one spouse is intentionally left behind either with or without the child(ren). One spouse deliberately removes the other spouse's and/or the child(ren)’s passport and...
As Covid-19 travel restrictions have started to ease, many people and families have once again started to consider the possibility of international holidays rather than staycations. Aside from the current Covid-19 worries and practicalities still...
The topic of vaccinating young children has been in wide discussion for parents, the Government, and chief medical officers. Recently the Government has accepted the recommendation from the UK’s medical officers that children between the ages of 12 to...
If you have been the victim of domestic abuse, you can apply for a ‘Non-Molestation Order’. This is an injunction in the form of a Court Order that protects you or your child from being harmed or threatened by the person who has abused you. ...
Legal Aid is a government funded scheme that helps individuals who are on low income access legal advice/representation. Once granted, a legal aid certificate will cover legal costs including Solicitor fees, counsel’s fees and disbursements such as...
If you or your children are in immediate danger, please call 999 and ask for the police. You can also call the 24-Hour National Domestic Violence Helpline on 0808 2000 247. After years of promises, especially by former Prime Minister Theresa...
The long-awaited Judgment of H-N And Others (Children) was handed down on 30 th March 2021. There were four cases (joined on appeal) before the Court of Appeal. The appeals were particularly looking at the process in which the Courts consider domestic...
For many who have managed to escape from an abusive relationship there is initially a huge sense of relief, finally life can become more ‘normal’ again and they can begin to rebuild their self -confidence and self-worth. Whilst this is true, the...
Everyone seems to have heard of a doula who offers support before, during and after childbirth. “What is this new concept of a divorce doula?”, is what I asked myself when I first heard this term. Apparently a divorce doula is a...
British broadcaster, journalist and weather presenter, Ruth Dodsworth has recently featured in the media after her ex husband was jailed for 3 years for coercive and controlling behaviour. I watched an interview with her earlier on daytime tv where she...
We recently discussed the Court of Appeal decision in Re G (A Child) (Child Abduction ) in which Kim Lehal, a partner in our family law department, represented the charity reunite . The Court of Appeal ruled that a child who is...
On 19 March 2021 the Supreme Court handed down judgment in the case of G v G [2021] UKSC 9. Reunite intervened in the appeal and was represented by Kim Lehal of Brethertons solicitors instructing Richard Harrison QC and Jennifer Perrins of...
There are times when members of our team are involved in cases which remain with them for life. For Joanne Soar , who specialises in public law for children, that case is X County Council v AB & CD [2015] EWFC 98. Described by the...
In yet another example of how #we don’t just know the law…we make it, family law partner, Matthew Montanaro led the way for the Legal Aid Agency (LAA) to issue new guidance that ensured those who brought successful human rights claims...
Re G (A Child) (Child Abduction) Kim Lehal, a partner in our family law department, recently represented the charity Reunite in the ground-breaking case of Re G (A Child) (Child Abduction) . Founded in 1987, the Reunite International Child...
Sadly, domestic abuse continues to affect many individual’s lives in a manner of different ways. In these troubled times as we search for a way to reduce and contain the sometimes awful consequences of Coronavirus, we have yet to find a cure for...
Family law professionals in Bicester, Banbury and Rugby are showing their support for Good Divorce Week 2020 (30 th November -4 th December) by offering free advice sessions to families later this month. Good Divorce Week is an annual campaign that aims...
To most of us, the word ‘holiday’ conjures up thoughts of time off, leave, or a break, suggesting a bit of respite from the humdrum of everyday life and some of those parental duties that dominate the daily grind. This year however, for some,...
As mooted in a previous blog, lots of children and young people have returned to school with mixed feelings; glad to see some of their friends but a little resistant to a more structured day with some pressure on them to demonstrate learning. For some...
Divorce is difficult for anyone in any circumstances but the strain COVID-19 has placed on married and unmarried couples is significant and with so much uncertainty surrounding employment, house prices and pension values at present, a common question we are...
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...
Spending a bit more time at home has allowed me the indulgence of watching the odd bit of daytime television, some of it being quite interesting and helpful. I have just watched part of a programme that has informed me that supermarkets have turned their...
We are in a very different time at the moment. A time of uncertainty, a time of worry and a time where everything we do is for protection. We are staying at home to protect ourselves and our loved ones and most of all our children. So if this is disrupted,...
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