Family LAW GUIDES

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 so you must check your eligibility to remain in the...

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 of the anxiety and stress. One of the prime considerations...

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 compromise the child's welfare when negotiating arrangements....

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 or emotional support step-parents offer, they do...

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 made to go ahead with the marriage or if...

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 are not hoping to cause problems within your family...

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 the Children's Act 1989 in that "all the rights, duties,...

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 will lessen with the breakup of the parents’...

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 when grandparents are denied contact with their grandchildren...

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. You will no doubt have lots of visitors, all eager...

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 legally binding and cements the inclusion in the...

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 Orders are requested by social workers on behalf...

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 can be much more simple and will ensure that...

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 of reasons for their relationship having broken...

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 a child, one of which is a Supervision Order. The...

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 partnership is a legally recognised union of a...

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 and the police. It is illegal for a person...

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 the marriage can become much simpler and less...

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. Gillick competency allows others to balance the rights...

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 a solicitor, it is a good idea to gain an understanding...

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 cases, the acrimony between a divorcing couple can...

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 valuable to the protection of individuals, particularly...

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 parents of the child and help to secure a safe upbringing...

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 desired home if the swap can go through.  Swapping...

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 have decided to get a divorce. A mediator helps...

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 Child Welfare Checklist. The checklist is made up...

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 the United Kingdom. There are many reasons why two...

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 consequences on how financial and property...

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 being the nation's favourite, closely followed by...

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 current legal stance. Although abortion may be a difficult...

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...

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 independence from each other as opposed to...

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 experience arguments and disagreements throughout...

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 can help you and your ex move on. The following...

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 do to meet the requirements of a court to complete...

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 regarding the division of property and finances, couples...

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 is greatly different to those of a couple that...

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 home alone for small periods of time. However, the...

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 the requirement for a divorce, and many people question...

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 victims. This includes actual physical violence...

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, with the introduction Of Child Arrangement...

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 assess the arrangement to ensure that it is suitable...

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 in a divorce or dissolution and so is usually...

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 issued with the divorce request, pays the fees of...

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, this is achieved through what is known as child...

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 the child's thorough protection and safety....

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 is, how it differs from divorce, the grounds...

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 at a low cost through a DIY divorce. The couple...

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 responsibility will determine who has the rights...

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 doing so amounted to reasonable punishment. The law...

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 assets and emotional attachments are likely to be...

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 to protect yourself and your partner and encourages...

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 they are a same-sex couple, health reasons for extreme...

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 extremely valuable to a case, and as such, they are...

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 motive to change your name is not due to fraudulent...

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 emotional and stressful time, and so your solicitor...

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 a trained family mediator to talk to each other...

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 a divorce in a smooth and timely manner are...

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 possessions between you. Couples who can negotiate...

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. What is an Emergency Protection Order? Emergency...

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 to as spousal maintenance. The following article...

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 everyday routines, such as work and family commitments,...

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...