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An application for exceptional hardship can be made when a driver accumulates 12 or more penalty points on their licence within any 3-year period, leading to a potential disqualification under the totting up ban provisions in Section 35 of the Road Traffic...
On Monday 11 th November, ITV released a documentary entitled “Her Majesty The Queen: Behind Closed Doors” which told the story of several domestic abuse survivors and detailed the Queen’s work to raise awareness about the prevalence of...
Whilst Christmas might still feel far away, now is the ideal time to give some thought as to how you might manage arrangements with your ex-partner in relation to where and when your child(ren) will be at Christmas. It can be stressful for separated parents...
The law in England & Wales is clear in stating, if you are living with your partner and you are unmarried upon separation, you will not have the same legal rights available to a married couple upon divorce. This is the case no matter how long you have...
The process to split your finances from those of your spouse can be a long, difficult and emotionally draining process. For those who have been subjected to domestic abuse of any kind, the process can be much worse as they will have to try and negotiate an...
On 20 th September 2024, the Home Office announced new measures aimed at improving their response to domestic violence within the Police. These measures form part of Raneem’s Law, a legislation announced in response to the failures leading up to the...
If you are an unmarried couple who is cohabiting and upon separation you have a dispute regarding a property or land that is jointly owned or have a financial interest in, your principal remedy is to apply for relief under section 14 of the Trusts of Land...
The legal troubles between influencer Lauryn Goodman and professional footballer Kyle Walker have been much reported in the media. This dispute involved an area of family law that we deal with at Johnson Astills commonly referred to as a Schedule 1 matter....
In divorce under English Law, the Court begins with a 50:50 starting point when considering a financial settlement. The court then decides whether there should be a departure from equality. Contribution is one of the factors which the court takes...
The financial remedy process that accompanies divorce proceedings can be very expensive, especially as each party will often have their own legal costs to pay. These fees can prove difficult to meet for those who earn significantly less than their partners,...
For opposite-sex parents, the question of who has parental responsibility for any child may be easily answered. However, the same cannot be said for LGBTQ+ parents, who may face certain obstacles in obtaining parental responsibility. With June being Pride...
On the 29 th April 2024, the Family Procedure Rules were updated and a new term introduced – “Non-Court Dispute Resolution”, or NCDR. The update puts great importance on MIAMs and NCDR, but what does this mean for you, should you be...
Currently, parental rights are ‘absolute’ in law and can only be managed through a court order. However, a new law could mean that in the UK convicted paedophiles who are parents, would automatically lose the right to see their own children. This...
Four years after the domestic abuse bill was first promised in the late Queen’s speech in 2017, it finally became law on the 30 th April 2021. The act further improves the effectiveness of the Justice system, providing protection for victims of...
Often, court proceedings can be very costly and time-consuming, including solicitor fees, court fees and the hassle of navigating the court system. This can leave parties stressed and financially worse off. To try and minimise the court’s involvement...
If you have reached an impasse in respect of a family law dispute, it may be tempting to make an application to the court to resolve the matter. However, there are other forms of dispute resolution which you should consider. One such method is known as...
The Labour Party have introduced the idea of a new law called ‘Raneem’s law’ – named after Raneem Oudeh, who was murdered at 22 years old alongside her mother Khaola Saleem. Ms Oudeh and Ms Saleem were murdered by Ms Oudeh’s...
Whilst Valentine’s Day is more commonly thought about in the context of romantic love, other types of love can be celebrated on this day. Why not celebrate familial love this Valentine’s Day by considering the ways your family can grow? Private...
As the new year has begun, here is what you can expect to see in the year of 2024. Media in the Family Court (The Transparency Pilot): For decades there have been calls for more transparency in Family Courts, predominantly due to Family Judges having the...
When deciding on the fairest division of the assets, the Court will take into account factors listed in section 25(2) of the Matrimonial Causes Act 1973. One such factor is the conduct of the opposing party, but when should this be argued, and what conduct...
When a couple obtain a divorce it is important to have a Financial Order from the Court - more often than not this Order can be agreed, meaning no Court attendance or formal court application. This is necessary, even if the matrimonial finances are limited,...
Family Law Practitioners receive a higher volume of calls in and around the first working days of the New Year from people deciding to take steps to end their marriage and issue a divorce application. This has led to the first working Monday of the year...
Going through a divorce and organising child arrangements with an ex-partner can be very stressful. However, with the festive period approaching, this stress can be exacerbated and causing this to become a very worrying time. Below are some tips to...
Following the conclusion of financial remedy proceedings, your situation could change unexpectedly, and you may feel that had this happened during the course of the proceedings, it would have affected the outcome of those proceedings. The Courts acknowledge...
For many people, a large part of the Divorce process will revolve around how their financial assets will be divided. However, for those who work in the public sector, the value of their pensions has been unusually uncertain over the past few years, which has...
Dissolving your marriage may feel like the end of a very long and turbulent road, and that you have finally reached the light at the end of the tunnel. However, should you remarry, you may fall foul of what is commonly known as “the Remarriage...
With the summer holidays fast approaching, many will be seeking some summer sun overseas. However, for some separated or divorced parents, this can be problematic and we suggest having the conversation about holidays as soon as possible, to try to prevent...
A new piece of legislation came into forced on the 27 th February 2023, which means it is no longer possible for anyone under the age of 18 to marry or enter into a civil partnership. This is a huge change because previously, 16 and 17 years olds have been...
Divorce solicitors and Valentine’s Day are not typically topics mentioned in the same sentence. However, as pre-nuptial agreements become more widely used, what better time to consider preparing a pre-nuptial agreement than Valentine’s Day,...
What can I do? A Child Arrangements Orders can be useful when used to regulate arrangements in relation to a child, where parents cannot agree. It can order where the child lives, which can be with one or both parents (including both an equal split, or a...
Divorce Day 2023 We know that the New Year is typically a time for reflection, and this includes thinking about relationships. Often, this period sees an increase in couples deciding to end their marriage or civil partnership. The first working Monday in...
What is a 'Nesting' arrangement? A ‘nesting’ arrangement is a type of shared care arrangement in respect of children, after parents have separated. With nesting, the children stay in the family home and the parents move around them,...
‘Good Divorce Week’ is an annual campaign by Resolution, a community of family solicitors and other professionals who work with families and individuals promoting a non-confrontational approach to resolving family issues, including divorce, the...
Acrimony and Hostility between parties in divorce and finance proceedings can often give rise to a lack of trust in the financial disclosure submitted by the opposing party. In some cases, this can cause many a mistrusting spouse to conduct their own probing...
The no-fault divorce is to be introduced on Wednesday 6 th April 2022. The Government have now published key dates, including cut off dates in relation to existing applications under the existing legislation . We have been notified by HMCTS of...
According to the latest figures the current rate of marriages ending in divorce in the UK is 42%. When going through divorce proceedings it is important to review and consider your Wills and Lasting Powers of Attorneys , and the implications divorce has...
The first working day of January is usually referred to as ‘Divorce Day’. This is because, historically family solicitors receive the greatest number of enquiries about starting divorce proceedings. This year, however, there is speculation that...
Deciding to start divorce proceedings can be a very overwhelming experience and you can often not know where to start. The following article explores the different steps involved in the divorce procedure and provides assistance on the process. Provided that...
Generally, when an application is made to the Court a Court fee is required. As of 30 th September 2021, the HMCTS have raised their Court fees in respect of Family matters. Therefore, the Court fees are now: Divorce Petition ...
Now that the national lockdown has lifted and the possibility of international travel is an increasingly more viable option, many will be looking to get away and go abroad for some proper summer sun. Issues often arise when parents are separated and one...
We are often asked if a Consent Order is needed in divorce proceedings the answer is yes, it is advisable and recommended. A Consent Order is a document that is entered into willingly by both parties and it records the financial terms agreed...
When the Petitioner makes an application for a divorce, the spouse, known as the Respondent, is sent a copy of the application along with a form to complete called an Acknowledgement of Service (AOS). They are required to complete the AOS, which acknowledges...
The decision as to whether to order the vaccination of a child has been an issue for the Courts for many years before the existence of the Covid-19 virus. Now that the roll-out of the vaccines for the virus have been a success in respect of adults, the...
A Section 7 report is a report prepared by CAFCASS or a social worker from the Local Authority (Social Services) in cases where an application has been made to the Court under Section 8 of The Children Act 1989. A Section 7 report may be required in cases...
When you are going through a separation, your first thought might be to start divorce proceedings, but it is important to try and reach an agreement in relation to the finances at the same time. This can take some time as there are many things you will need...
It is common that when a relationship breaks down, conversations need to be had about the arrangements for the children to be able to spend time with both parents. It is always best if parents can reach an agreement between themselves in an attempt to ensure...
In August and November 2019, I wrote articles considering whether Special Guardianship Orders required reform. The case of Re P-S (Children) [2018] EWCA Civ 1407 spurred the need for change. Developments continue within this area of law....
Trying to agree a financial settlement during a divorce can be an intimidating and daunting prospect. In order to ensure a fair and reasonable settlement, we always advise clients of the need to exchange full and frank financial disclosure, whether in...
When a relationship breaks down, many issues can need resolving such as finances, divorce proceedings and often child arrangements. Sometimes it can be difficult to resolve these issues with your former partner and conversations may become heated. Roughly...
Deciding to separate or divorce is one of the hardest decisions to make, but the process itself does not have to be difficult. Once you have decided to separate the first step should be finding the right solicitor for you and for the outcome you are aiming...
As England is placed into another national lockdown, many parents will have concerns about what impact this has on Child Arrangements. The government have released national lockdown guidance which includes direction for child arrangement matters. The...
Legal Aid is the provision of financial assistance to people who are unable to afford legal representation and access to the court system. Legal Aid is payment from public funds, and only provided in cases of need. If you have been the victim of domestic...
Many parents experience problems securing contact with their children following the breakdown of a relationship. Are you one of them? If so, this article may help. In accordance with the Children Act 1989, as long as it is safe, children are...
It goes without saying that the Covid-19 pandemic has had a significant impact in virtually every aspect of our lives. Arguably, one of the most significant changes for us at Johnson Astills, and for our clients, is that court hearings for Family and...
When the Court decide how to distribute assets following the breakdown of a marriage, they have to consider the checklist contained within Section 25 of the Matrimonial Causes Act 1973. The main principle is that the settlement must be fair and reasonable...
A person’s human rights are protected under the Human Rights Act 1998 and the European Convention on Human Rights. The protection of a person’s human rights is paramount in all aspects of law, and this is of high significance in Care...
Recent research reported in the press has revealed that divorced parents are often in denial with regard to the impact of the breakdown of the relationship upon their children. Three quarters of parents surveyed thought that their children had ‘coped...
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