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I was interested to see on the front page of The Times recently that they are calling for an end to “unjust” and “outdated” divorce laws, and have started a campaign to modernise family law.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...
In my experience, this is perhaps the most important but very rarely asked question. The first question is almost always - how can we bring our baby home? This is not surprising, given that creating life through surrogacy , often in cases where parents have...
When relationships and marriages sadly breakdown, there is often such a focus on organising where the children are going to live and how much they will see the other parent, that grandparents can quite often get forgotten or overlooked. Particularly...
Hitting the headlines last week was the news that international infidelity website, Ashley Madison, has been exposed to hackers after the personal details of millions of registered users were revealed in a devastating act of subterfuge. The scandal has...
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 relationship....
It might not be as simple as you think taking your children on holiday. Do not fall into the traps that many parents face when taking their children on a holiday abroad. What many parents don’t realise is that whether it is for a short period for a...
How do I value my pensions on divorce? Pension sharing upon divorce or dissolution is an area that often causes the most animosity in any case given that pension capital can sometimes be the largest asset. How Pensions are valued The value of pension...
In my last blog post I looked at the ideal way in which parents should break the news of their divorce to their children. In this post I consider how children might react. There could be a whole range of reactions to the news of the split and if parents...
With the news of Ben Affleck and Jennifer Garner’s divorce hitting the headlines this week, the gossip columns are full of tales of woe from people going through a split that failed to sign a pre-nuptial agreement before their wedding. But what...
There has been a lot of coverage in the news recently regarding divorcees coming back after several years of divorce to make financial claims against their ex-husband or wife. You may be familiar with the case of Dale Vince and his ex-wife Kathleen Wyatt. If...
Every year no fewer than 240,000 children in the UK experience the separation of their parents - more than one in three of them before their sixteenth birthday. An often overlooked factor of any divorce is the physical and emotional impact the breakdown of a...
I have many people asking me what is parental responsibility and do I have it? It can be a scary situation when you are separating or divorcing from the mother or father of your children. What does it mean for the children? What rights and responsibilities...
A high profile case in the Supreme Court has hit the headlines this week. The case (Wyatt v Vince [2015] UKSC14) highlights the importance of getting your finances in order when going through divorce. 22 years after their divorce in 1992 and following a...
Guilt, anger, grief… Whether you’ve been married for two years or twenty, the emotions experienced after the break up of a relationship can be intense. We all know it’s good to talk, but to whom? Your family are caught in the middle, you...
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