Family LAW GUIDES

Who has the right to see a child after the parents break up?

Separating parents will often find that their greatest concern is how and when they will see their children. What’s more, grandparents will usually worry that their opportunities to see grandchildren...

The Impact of Domestic Abuse on Children

Domestic violence is a criminal offence and victims are encouraged to report their abusers as soon as possible. Sadly, domestic abuse often has significant impacts on children who witness it or who live in an environment where abuse takes place. More...

Consent Orders

A consent order is a legal document that is provided by a court to a divorcing couple who have reached an agreement regarding their finances between themselves. The order is used to make the agreement...

A Guide to Divorce Settlements

Divorce settlements can be complex undertakings, particularly if a couple are not able to reach agreements amicably. When a marriage or civil partnership has continued for a long time, the accrual of...

Can I Home School My Child?

Tens of thousands of children are educated at home in the UK, and there are laws in place to ensure that the education of such children is safe and not compromised. Many children who are educated from...

Using a Family Mediation Service

Couples who are progressing through a divorce can find a family mediation service to be an invaluable way of addressing disputes in a safe and focused environment. The couple or ex-couple can work with...

Can I Swap My Council House?

It may be possible for you to swap your council house or housing association property with another tenant. There are strict rules to follow to do this, but you may be able to move to a more suitable or...

A Guide to Changing Your Name

There are a number of reasons why people change their name. Sometimes life events such as a marriage leads to a name change, whereas simply disliking their name might encourage others. As long as the...

What is an Affidavit?

Affidavits are documents that are made in writing and sworn to be true. They are often used in court cases to support other evidence and to act as a testament to witness statements. Affidavits can be...

What is a Supervision Order and How Do They Work?

An application can be made to the court by a local authority if they have concerns about the wellbeing and welfare of a child. There are a number of orders that the court can issue by way of protecting...

Spousal Maintenance

When a couple divorce, it is imperative that a fair financial settlement is arranged. In order to do this, one partner may be entitled to receive regular alimony payments from their former spouse, referred...

The Role of Social Services in Child Protection Cases

If Social Services become involved in your family, you may worry about the security of your family or be concerned about who ask Social Services to visit. It is important to remember that Social Services...

Forced Marriage Protection Orders

When a marriage goes ahead without the full consent of both people, it is considered to be a forced marriage. Marriages may be forced if a person feels threatened if they do not proceed, if they are physically...

Gillick Competency – A Child's Right to Make Decisions

In some situations, it will be necessary to determine whether a child is mature enough to make decisions and for authorities to establish this, they may choose to adopt Gillick competency assessments....

Is surrogacy legal in the UK?

Surrogacy laws in the UK can be very complicated and differ greatly to those in America, where surrogacy is more commonplace. People choose surrogacy for several reasons including infertility because...

Which Divorce Forms Will I Need To Complete?

There are a number of different forms that you will need to complete when going through a divorce. Whether you choose the DIY divorce option and complete the process yourself, or utilise the support of...

Post-Nuptial Agreements Explained

A post-nuptial agreement can be created to outline what should happen to a person's children, finances and assets if they separate or divorce from their spouse. A post-nuptial document can be incredibly...

How does marriage or divorce affect your Will?

The UK sees a large number of marriages or unions, and unfortunately, a proportional amount of separations. At the time of either marriage or divorce, people hardly consider what happens to an existing Will, and understandably so. However, it is important...

Child Assessment Orders

If a local authority or the NSPCC have concerns about the wellbeing of a child, court orders can be requested in order to secure protection. One such order is a Child Assessment Order. Child Assessment...

Child Arrangement Orders

UK law continuously evolves in order to maintain sound protection and sufficient attention to the welfare of children. This is evident in the recent developments in child contact and residential arrangements,...

A Legal Guide to Private Fostering Arrangements

The following guide offers information regarding the laws of private fostering arrangements. When a child lives with someone who is not their parent or is not a connected person, the local authority will...

How to Divide Possessions when Separating

Separating from a partner can be a very tricky business. But to ensure that the separation is as quick and painless as possible, it is best to try to reach an amicable agreement about the division of...

A Guide to Divorce Mediation

Mediation is a process that is taken to help people resolve disputes and reach decisions in a structured and controlled way. Mediation is predominantly used in separation cases and usually when a couple...

Who Do I Need to Tell When Getting Divorced?

Getting divorced can often involve a lot of stress, anxiety and pressure, especially when children are involved or when going through a particularly messy divorce. You still have to carry on with your...

The Law on Abortion in the UK

Abortion is a highly emotive and in some cases controversial subject that divides opinion. In this guide, we will look at the law on abortion in the UK, including the history of abortion laws and the...

Do Grandparents Have Any Legal Rights to See Their Grandchildren?

Spending time with your grandchildren is a cherished and important role that can help to nurture a child's early years, provide additional role models and build special family bonds. But what happens...

Wardship and Being Made a Ward of Court

Wardship is the term used to explain court proceedings that result in a child being made a ward of the court. In such cases, the High Court is given supreme legal guardianship of a child by way of ensuring...

Who Pays the Cost of Divorce

A divorce can be a costly undertaking, particularly if the couple is unable to agree on the details or liaise with each other acrimoniously. Many people believe that the respondent, the person who is...

The Child Welfare Checklist

In all cases that involve children, a court will consider the welfare of minors to be a priority at all times. To ensure that a child's safety and welfare is constantly observed, the court will use a...

Protection from Domestic Abuse

Domestic violence refers to abuse within the home, often between partners but worryingly, also involving children too. The majority of victims of domestic violence are women, but it is important to recognise that men can be subjected to physical and...

Ending a Civil Partnership

Just like in a divorce, a civil partnership can be legally dissolved if the relationship has broken down and cannot be repaired. To do this, the couple must apply to the court and state one of a set number...

How Much Does it Cost to Get Divorced?

Getting divorced or having a civil partnership dissolved is likely to be a highly emotive time and gaining as much information as possible prior to beginning proceedings is often a way to remove some...

Clean Break Agreements

Clean break agreements serve to allow a married couple to reach financial independence from their former spouse upon their divorce. When a financial situation allows it, most couples prefer to have financial...

Common Law Marriage and Cohabitation

It is a common assumption that cohabiting couples are afforded the same or similar rights and responsibilities given to married couples. This is a misconception, and the legal position of cohabiting couples...

Shared Custody of Children

Shared custody of children can be a complex arrangement, particularly if the parents of a child are not amicable following their separation. However, with legal guidance, the circumstances of shared custody...

Adultery as Grounds for Divorce

If your spouse commits adultery, you may decide that you can't continue to be married to them and so might choose to divorce them on these grounds. At such an emotional and difficult time, it is important to understand how you can proceed with a divorce...

Term Time Holidays - Can I Take My Child On Holiday During School Time?

It is a legal requirement for parents and guardians to ensure that their child receives a full-time education that suits their needs. This means that each child must get an education from the term following...

Dealing With Pensions Following Divorce

A pension serves to offer individuals security in their retirement and is often one of the largest capital assets in a marriage or civil partnership. This makes it one of the most valuable considerations...

Registering the birth of a child

Having a baby is a joyous, although extremely tiring period in a person's life. Whether it is your first or fourth child, bringing your new baby home from the hospital for the first time is exciting....

UK Law on Smacking Your Child

Smacking children as a form of controlled punishment is a controversial subject and has been contested through courts for several decades. Smacking is actually illegal unless the parent can prove that...

Marriage Annulments

When a marriage breaks downs, there are two avenues for legally bringing the marriage to an end. They are getting a divorce, and getting a marriage annulment. In this guide, we will explain what an annulment...

Prohibited Steps Order

Prohibited steps orders are a type of court order that can limit certain actions being taken by a parent or guardian with regards to their child. The order can be used to help resolve disputes between...

Most Common Causes of Divorce in the UK

For a court to grant a divorce, a valid reason is necessary. Divorces can be highly emotional and complex, with regular disagreements on who is to blame for the breakdown of the marriage. Most couples...

Responsibility for Debts After Divorce

Debts can be a stressful consideration at any time, but assessing what should happen to the repayment of them after a divorce can be even more complex. Just as with the decisions that need to be made...

How to Arrange Child Maintenance Payments

Raising children can be expensive, especially for single parents. Both parents of a child are expected to fund the cost of raising them until they are at least sixteen years old. When parents are separated,...

Understanding Child Abduction Laws

The abduction of a child is one of the most emotionally charged crimes imaginable. Whether abducted by a stranger or family member, the return and wellbeing of the child will be paramount to family, friends...

A Legal Guide to Civil Partnerships

Same-sex partners are encouraged to understand the law in regards to their relationship and recognise the legal rules and rights of each person, especially when entering into a civil partnership. A civil...

Do I need my ex partner's permission to take my child abroad?

Whether a child can be taken out of the UK or not will depend on the legality of the family's circumstances, whether any court orders are in place and who has parental responsibility for the child. Parental...

What Information Will My Divorce Solicitor Need?

When it comes to getting divorced, your chosen divorce solicitors will require a range of information relating to your personal situation to ensure they give you the best possible advice. Divorce is an...

Am I entitled to half of my spouse's income and possessions?

Going through a divorce can be an emotionally troubling time, particularly if the stresses of financial matters are involved. Knowing what you are entitled to as far as possessions and assets are concerned...

The Rights and Responsibilities of Step-Parents

Step-parents can be heavily involved and a fundamental part of their stepchildren's lives. They are often just as influential and caring as a natural parent can be. However, no matter how much financial...

Guide to Prenuptial Agreements

Over recent years, prenuptial agreements have consolidated their role as one of the components of modern marriage. Previously subjected to stereotypes, these legal documents are becoming more common in...

Emergency Protection Orders to Protect Vulnerable Children

An Emergency Protection Order (EPO) is used to protect children for a set amount of time. An EPO will be granted if the court believes that there is sufficient reason to intervene in the care of a child....

Understanding Non-Molestation Orders

Non-molestation orders are issued by the court to offer protection against domestic abuse. The order aims to protect victims by stopping an abuser from engaging in violent or threatening behaviour towards...

Successful Co-Parenting After Divorce or Separation

When you become a parent, chances are that you think you will always be a family unit, raising your child together. However, despite the best will in the world, sometimes things just don't work out that way and you end up separating. It is no secret...

Arranging a DIY Divorce

When a couple is able to process their divorce amicably and can make agreements about the required decisions without legal intervention, it may be possible for them to sort the arrangements quickly and...

The Nine Stages of Divorce

In England and Wales, there are nine stages that must be completed in order for a divorce to be legally finalised. The following guide outlines each of the stages and explains what a married couple must...

Who Keeps Pets After a Divorce or Separation?

The UK is a nation of pet lovers, with an estimated population of 57 million pets. The Pet Food Manufacturers Association (PFMA) estimates that 40% of all UK household has at least one pet, with dogs...

Guide to Getting a Divorce

Reaching the conclusion that your marriage is over and that reconciliation is not an option can be a tumultuous time and can lead to confusion and further upset for all parties. Couples looking to complete...

Are arranged marriages legal?

Arranged marriages are those are planned and agreed by two families. The families will usually meet each other, agree that the couple concerned should be married and sometimes make financial arrangements...

Guide to Cohabitation Agreements

Although taking the step to move in with your partner prior to marriage can be exciting and promising, it is important to consider the legal aspects of such a move. In turn, it is vital to consider how...

Marrying a UK Resident

The law allows UK residents who are at least 18 years old and who are settled permanently in the United Kingdom or who return to the country to live, to be married and accompanied by their spouse or civil...

Can I be legally forced to sell my house?

Although the chances of you ever being forced to sell your home unwillingly are very slim, there are occasions when you might have no choice. Whether this is due to domestic issues, construction plans or travel ways, there are times when your property...

The Law on Parental Responsibility

Parental responsibility is the legal term given to the legal rights and responsibilities that mothers and fathers hold, and falls under the remit of family law. The term is summarised in Section 3 of...

Do Grounds for Divorce Affect Financial Settlements?

Couples going through a divorce are often faced with a host of emotional and complex undertakings, not least financial settlements. The behaviour of one spouse towards another may be a driving force in...

How to Keep Divorce Costs Down

Going through a divorce is often an emotionally charged time that can be both legally complex and a costly undertaking. That said, if a divorce is carefully and thoroughly throughout, the process of ending...

Fathers Rights to Child Custody

Arranging child custody can be a complex and emotional undertaking and parents will strive to make arrangements that allow them to have the most access to their child, whilst ensuring that they do not...

Guide to Child Maintenance

When a couple with children separate, child maintenance helps offer financial support for the child or children's living costs. Separated couples may be able to agree upon financial arrangements between themselves, alternatively it may be necessary to...

Guide to Separation Agreements

More and more couples choose not to file for divorce immediately after a break-up and prefer drafting a separation agreement instead. This decision should be carefully reflected upon, as it can have serious...

Unreasonable Behaviour as Grounds for Divorce

Unreasonable behaviour is the most commonly cited reason for people getting a divorce in England and Wales. More than half of all wives who petition for divorce state unreasonable behaviour as the grounds for their decision. To successfully file for...

How to Stay in the UK on a Visa After Divorce

If you are living in the UK as a dependent or spouse on the visa of your partner, a divorce will mean that you lose your visa status. When this happens, you may not be entitled to stay in the UK, and...

The Law on Leaving a Child Home Alone

It is often inconvenient to get children ready for a short trip to the shop or to run an errand. Many parents recognise their child as being responsible and mature and as such, consider leaving them at...

Divorce - What Happens to the Family Home?

When a couple gets divorced or dissolves their civil partnership, one of the most important financial considerations that must be made is what to do with the family home. Couples have a number of options, and a solicitor can support clients in reaching...

Dealing with Harassment During A Divorce

A divorce is more often than not an event that is emotionally charged, distressing and complex. In many circumstances, couples find themselves embroiled in bitter disputes and disagreements. In extreme...