Family Law Blog

In anticipation of Family Mediation Week, I wanted to share my thoughts on mediation and why I think it is so successful.  I am conscious there are many articles available already on the mechanics of mediation, when and where it may be appropriate and answers to the most common mediation FAQs. I therefore wanted to take this opportunity to dig a little deeper, and to assess the...

Following a divorce or separation between parents, the location of the children’s home base may be a point of contention, especially if it results in the children being moved further away from one parent, whether in the UK or abroad.

If you have parental responsibility over the children, you will have equal rights of decision-making as to their future alongside your ex-partner, including...

If your child is due to start school next September, or is in their last year of primary school, the choice about which primary or secondary school your child should attend needs to be considered soon. Many local authorities require parents to submit their applications for secondary school places by 31 October 2022, and primary school places by 15 January 2023. Independent schools will have...

The new and welcomed ‘no-fault divorce’ legislation for obtaining a divorce or dissolution of a civil partnership in England and Wales comes into effect today.

The new system removes entirely the element of blame from divorce proceedings, with the intention of reducing conflict and allowing both parties to shift their focus to other important matters, such as the financial elements...

One of the many challenges of the COVID pandemic is the strain placed on marriages and relationships as a result of homeworking, restrictions on external stimulus, health concerns, financial uncertainty and, as a result, friction that can tip over quickly under the strain. 

The hope is that marriages and relationships have weathered the COVID storm, and we can support and refer those...

The new and welcomed ‘no fault divorce’ legislation is expected to come into effect in spring 2022, and will provide a complete overhaul of the current and outdated system for obtaining a divorce or dissolution of a civil partnership in England and Wales.

Why does divorce law need reform?

Under the current law, there is only one ground for divorce - the marriage has irretrievably...

When people are faced with the prospect of separation and divorce, the best thing they can do is to seek early advice. Often, this will be the first time they have faced such a situation and many end up relying on the anecdotes of friends and family who have already been ‘stung’ going through the process. This can be risky advice to rely on, particularly as one size certainly does...

The ongoing theme of bringing about reform to the legislation in the world of family law resumed last week, following the publication of a new, pioneering report. The Family Solutions Group, led by Mr Justice Cobb, published its report entitled “What about me? – Reframing Support for Families following Parental Separation”.

The key objective of this report was to focus on...

It has been announced that no-fault divorce is to finally become law after years of campaigning. The Divorce, Dissolution and Separation Bill cleared its final stages of parliamentary analysis in the House of Commons yesterday (17 June 2020).

The victory follows the Bill’s hasty passage through the House of Commons, where the second reading was heard only last week (8 June 2020). It has...

You will not be alone if you are struggling to pay maintenance at the moment. Unemployment in the UK has rocketed with many more furloughed. Under the Coronavirus Job Retention Scheme, which has been extended until the end of October 2020, the government will pay 80% of wages up to a ceiling of £2,500 gross per month.

The Coronavirus Job Retention Scheme is a lifeline for many, but if...

Families and couples will be all too aware that we are now entering an unprecedented 12^th week in lockdown. As the mandatory self-quarantine measures introduced in March have forced couples to spend more time together, some have relished in this opportunity. Sadly, for others it has exacerbated existing marital problems. Incidents of domestic abuse have also intensified.

Given the apparent...

We have written previously about reforms to the existing 50-year-old divorce laws in England and Wales and how a new bill, the Divorce, Dissolution and Separation Bill had reached its second reading stage in the Commons and had cross-party support. The Bill is now set for its second reading today (8 June 2020) in the Commons. It is understood that ministers are eager to see that the...

Pension sharing orders have been in existence now for well nigh 20 years since their introduction on 1 December 2000. The aim was, as the name suggests, that pensions could be split or shared going forwards, to create fairness between spouses and civil partners on divorce or dissolution. This was done by allowing the family court to direct a transfer equal in value to a proportion of the...

The arrival of the coronavirus pandemic and the resulting social distancing measures have meant that many couples have not been able to get married. For many people, their wedding insurance will not pay out to cancel the wedding and they will have already paid many deposits including, quite often, the full venue cost. This means that for most couples they are postponing the date to later this...

One of the darkest outcomes of the lockdown has been the rise in domestic abuse. The UN has predicted that 6 months of lockdown could result in an additional 31 million cases of domestic violence globally. It is important to note that domestic violence is not the only, nor the most prevalent, form of domestic abuse. In England and Wales, there is currently no legal definition for domestic...

After many months and sometimes years of planning and negotiating, you may feel a weight has been lifted when a financial agreement or order has been reached. Often, there are significant compromises to be made by everyone involved, and whilst you may not feel that the order is exactly what you had hoped for, you may feel you can live with the terms agreed. You begin to look forward to moving...

Unfortunately, given house prices and stricter mortgage requirements, many couples find that when they separate, they have to leave their family home in their joint names, with the person that has moved out of the property having to rent a separate property.

They may then look at selling their home when the children finish education or at a point in the future when the person remaining in the...

The government recognises that the recently announced measures, such as the order to stay at home during the COVID-19 pandemic, could cause significant fear or anxiety for those who are experiencing or feel at risk of domestic abuse. It is clear that many important life-changing decisions are having to be put on hold, during the COVID-19 outbreak. However, this should not mean that you should...

This is without doubt truly unprecedented times for everyone. We find ourselves in the grip of a global pandemic, without any degree of certainty as to how long it may persist.

The situation is rapidly evolving and we are being subjected to wide ranging travel restrictions and social distancing, while experiencing concerns for our own and our loved ones’ health. In these situations,...

This time of year can create unprecedented pressures on families and the New Year can, sadly, usher in unwelcome changes, such as family breakdown and separation. Many family practitioners see an upturn in new clients at the start of the year, but not all practitioners are alike if truth be told. It is worth making sure your family lawyer is experienced and has the depth of skills that you...

The government decision to reintroduce The Divorce, Separation and Dissolution Bill and once again place divorce reform at the forefront of the legislative agenda is greatly welcomed by the specialist Family Law team at TWM.

The campaign for a no-fault divorce system has been championed by Resolution under the leadership of Nigel Shepherd who has campaigned for years for a no-fault divorce...

A Pre-Nuptial agreement, a formal contract between two people prior to marriage or civil partnership, sets out how their finances will be determined in the event of the breakdown of the marriage.

Such agreements, more commonly referred to as PNAs, are not formally binding in England and Wales, but have become an ever popular method of providing a clear agreement concerning finances between...

Sir Andrew MacFarlane, President of the Family Division has recently warned that Family Lawyers are “running flat out up a down escalator” as the system is being overrun due to the increased backlog of cases being heard in the Family Court. 

A potential means of alleviating these stresses on the courts and reaching a cheaper and faster conclusion for clients is through...

Dividing up your finances in a separation or divorce situation is one of the biggest financial decisions you may make in your life. It can be difficult to weigh up the options that are being put before you and the advice that you are receiving. In England, we have a discretionary system and there are a range of reasonable orders that a Court can make. When solicitors give advice they do so in...

Coping with divorce or separation in isolation is hard enough. Adding parental responsibility to the equation, only serves to exacerbate the stress, anxiety and uncertainty even further. Not only are you confronted by the turbulence of your own emotions, ranging from extremes of guilt, anger and sadness, but your children might also be enduring those exact same emotions as you. Like you,...

Incredibly, there are more mobile phones in existence than people in the world! We unequivocally live in a smartphone society and, as a result, it couldn’t be easier to take a cheeky picture or covertly record whatever is happening around you. An important and interesting question, however, arises in relation to family law proceedings about the admissibility of such covert recordings and...

Yesterday in the House of Commons the Labour MP for Canterbury, Rosie Duffield, received a standing ovation after telling MPs of her own domestic abuse recounting tearfully experiences of coercive control.

Domestic abuse can happen to anyone in any walk of life. Statistics show that almost 2 million adults in England and Wales are thought to be victims of domestic abuse every year. Many...

If you have divorced in England and Wales, or know someone who has divorced, then there is a good chance that one party would have been blamed for the breakdown of the marriage, be it “unreasonable behaviour” in some form or adultery. Sadly, this would have undoubtedly increased the conflict between the parties and caused unnecessary animosity and stress.

You may find yourself in a...

Whether you love or despise them, Pre-Nuptial Agreements (Pre-Nups) are on the rise, especially amongst people who have amassed considerable wealth, or who are from a wealthy family who demand the family silver be protected! We are also increasingly helping clients with Pre-Nups who are marrying for a second time and/or have children from earlier relationships that they wish to protect...

If you are going through a separation, it is particularly important to be extra vigilant about the way you live your life online.

It is widely reported that fraudsters have successfully accessed a great deal of personal and financial information through social engineering and data breaches, but have you considered that a former partner could potentially access the same personal and financial...

On Friday 5 April 2019, the President of the Family Division, The Rt Hon Sir Andrew McFarlane, gave his keynote address at this year’s National Conference, hosted by Resolution, a national organisation of some 6,500 family lawyers and other professionals. The premise of which, was to address reform and improvement to the family law justice system.

Resolution, is committed to the...

The Justice Secretary, David Gauke, has today pledged that key legislation for no-fault divorce, will be introduced “as soon as parliamentary time becomes available”.

It is anticipated that this much needed reform, will herald an end to the “blame game” in marital breakdowns. It will also stop one partner refusing a divorce if the other one wants one.

In accordance with...

During 2018 the court service launched a scheme that allows you to deal with your own divorce proceedings online, making it even easier than sending a paper petition into the court using the traditional process. We are all used to using the internet to find out information that we need and to deal with many things ourselves that years ago we would have turned to a professional for. Is there...

In October 2018, the Prime Minister announced that civil partnerships will be made available to heterosexual couples, following a Supreme Court judgment earlier this year that there was unlawful discrimination in the current regime.

What is a civil partnership?

Civil partnerships have been available to same sex couples since December 2005. At a time when same sex couples were unable to marry,...