News & Blogs
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...
Who are Cafcass? Cafcass stands for Children and Family Court Advisory and Support Service. They were first formed on 1 st April 2001 as part of the Government’s commitment to supporting families and children. Cafcass is an independent...
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 Good Divorce week has focused on issues such a ‘no fault’ divorces in the past, the new ‘no-fault’ divorce legislation came into force on 6th April 2022. This means that couples can now obtain a divorce, either solely or...
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...
It's Mental Health Awareness Week 2022 and we have been invited to consider the experience of loneliness and how we can all potentially be affected by it and the potential detrimental effect feeling isolated can have on our mental health. The Covid...
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...
Mediation is the process whereby an independent trained mediator help parties reach a solution when there is a dispute regarding children or finances. Mediation helps parties come up with their own solution and avoid the court system. Solicitors can also be...
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 ...
You may have read in the news this week that it is ‘Good Divorce Week’. This is a campaign spearheaded by Resolution, an organisation committed to reducing the conflict within Family Law. Many of the Family Department are members of Resolution....
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...
Monday 10th May 2021 marked the start of Mental Health Awareness Week, looking after our mental health should always be a priority, but this year, having experienced a pandemic which, for most of us, has invited significant changes and increased stresses, it...
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...
This week on the BBC 1 programme Morning Live the recent increase in people contacting law firms about separation and divorce was discussed. A lawyer was interviewed online and asked what she felt individuals should be looking for in a lawyer when they were...
Monday 1st February was the first day of Children’s Mental Health Week and it would seem that in these extraordinary times we should all be more vigilant about children’s emotional wellbeing and mental health. Recent figures suggest that...
Well, this week kicked off with what is known as ‘Blue Monday’. January is notorious for being a difficult month with people recovering from the excesses of Christmas, trying to keep to their new year resolutions, attempting to stabilise their...
Family Mediation Week – helping separated families know which way to turn More than any other time of the year, January is a month when families decide to separate. For most, this will be their first experience of separation, and they will start...
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...
I was listening to a GP who was being interviewed on a television programme talking about burn out and what he was saying appeared to make a lot of sense and for me was food for thought. Lockdown and the consequences of it has proved challenging for most of...
I know it’s a very different start to the year and I am sure we will all remember it as such. This time last year no-one could have predicted that 2021 would begin in this way, but let’s all try and remember that positives can sometimes come out...
Most families will be wondering how Christmas will be for them this year as we head towards, what is usually for most of us, a time of festivity with family and friends. Of course, the changes that COVID-19 has already brought to Yuletide 2020 are much in...
The pandemic has invited us all to put our lives under the microscope and think about our choices. Things that we would normally take for granted have no longer been available to us and many of us have had to make some major adjustments to our lifestyle,...
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,...
Whilst there are benefits to spending more couple and family time together, this prolonged period of isolating ourselves from family, friends and the outside world has potentially put a strain on the happiest of relationships. I have recently read about or...
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...
In the last few weeks I have received an influx of referrals requesting I offer work to children and young people who are experiencing raised anxiety levels. This probably isn’t surprising as the Covid-19 crisis has potentially invited all of us to...
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,...
As a grandparent myself, I enjoy reading contributions to Gransnet daily. Today I was drawn to a piece written by one grandmother regarding her low mood and how she was struggling to manage isolation under Covid-19 restrictions. I am sure you will be...
For those who are living with an abusive partner, lockdown has provided greater opportunity for their abuser to exert even more control. As I said in a previous blog, we can’t blame lockdown as being the cause of any sort of abuse but it has provided...
I have just been watching BBC News on BBC 1 where part of the programme was dedicated to Domestic Abuse and how calls to the National Helpline run by Refuge have increased in this period of lockdown. I think it’s a good thing for society in general to...
I enjoyed all four of the Isolation Stories in the series shown recently on ITV1, a couple particularly resonating with the work that I do. I have already offered my thoughts on one of the stories and would just like to consider the final episode. It told...
COVID-19 has had a big impact on the country and we are here to provide guidance to support families and children as the situation around COVID-19 develops. The government published guidelines on staying at home and keeping a social distance away from other...
The straightforward answer to that question is in the same way we have always done, being focused on our client’s needs, providing accurate and high quality legal advice and dealing promptly and efficiently with your legal requirements. The way we are...
I have just seen that both Childline and Barnados are urging people to remember the children in our society who are living in families where there may be parental domestic violence and abuse of some description. Children living in families such as these...
The Home Secretary, Priti Patel on the 11 th of April 2020 said the number of domestic violence calls have increased by 25% since the introduction of the lockdown. The calls received by Refuge , Women’s Aid and other organisations state that the...
I don’t think any of us are in any doubt that Covid-19 has had a huge impact on all of us, it has certainly made me reflect on the things that I have taken for granted, from the freedom to go out whenever and wherever I want, to seeing those who I love...
I have just been listening to the news and it mentioned that Mental Health Helplines have had an unprecedented increase in calls from people talking about their raised anxiety levels. I guess this is nothing to be surprised about, for most of us this is an...
I have just read the Gov.uk latest advice for safe funerals and whilst I can completely concur with the safety aspects, my heart goes out to all those who can’t say goodbye to their loved one in the way that they would wish. Anyone who has been...
Help with bereavement during the COVID-19 restrictions We understand how difficult it is at this time if you have lost a loved one and are trying to arrange the funeral. If you are Self-isolating or Shielding and need assistance with anything like...
Hopefully many separated parents will feel reassured by the information offered in the blog from Melanie Tubbs, lawyer at Brethertons LLP. It very clearly outlined guidelines on how separated parents can manage contact with their children during this...
In these uncertain times, a lot of parents are concerned about what to do if their children want to see a parent they don’t live with or if there is a Court order in place that says they must send their children for contact. First of all, don’t...
One of the questions we are frequently asked is: When should I apply for my Decree Absolute if I have a Pension Sharing Order? When a divorcing couple reach a financial agreement, that agreement should be made into a court order called a Consent...
A separation can be difficult, especially when there are children involved. Children cannot always understand how the situation has changed or why their parents do not get along. However, in some cases the children are prevented from seeing the parent they...
The legality of Sharia ‘nikaah’ marriage ceremonies have this week been tested by the Court in the case of Mrs Akhter and Mr Khan. Mrs Akhter and Mr Khan had a religious nikaah ceremony to celebrate their ‘marriage’. But the ceremony...
Q: I am a British citizen, and have lived in England for the past 12 years, but I am Australian by birth. My spouse and I both live in England, but we have properties in Australia as well as in the UK. Can I make an application in the...
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 March...
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...
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