When the clock finally chimed for no-fault divorce, courts saw a surge in petitions from couples looking to avoid the blame game but challenges still lie ahead for couples leaving a marriage. HM Courts & Tribunals Service has revealed that some...
Family Law News
If you are separated from a child/ren's parent or legal guardian, and you decide to move away, you should obtain the consent or permission from everybody who has parental responsibility in respect of that child. Parental responsibility (PR)...
On 6 April 2022, the long awaited Divorce, Dissolution and Separation Act 2020 finally comes into force. The new Act marshals in no fault divorce, something which has been called for by the legal profession for many moons, and brings the current (outdated)...
As of 6th April 2022, the new law on "no fault" divorce will be introduced in England and Wales, eliminating the requirement to attribute blame to one spouse. What Does the Current Divorce Law State? The current divorce law in England and...
Getting divorced is never easy, and not something people plan for long into the future. Similarly, when spouses go into business together, they rarely consider making a commercial agreement. As a result, divorce can be even more challenging where you and...
If one parent is preventing the other from having any contact with their children, the first step the prohibited parent can take is attempting to engage in mediation with the other parent. This involves an impartial third party participating in discussions...
In short, if a cohabiting couple with a Declaration of Trust gets married, the Declaration of Trust will be affected by the Matrimonial Causes Act 1973. This act grants spouses and civil partners with a variety of different claims they can make upon...
When looking at the rights of an unmarried father, the first thing to be aware of is that by law, it is the child who has a right to a relationship with their parents, not the other way around. A parent does not have rights over a child, rather they have...
If there is no agreement between parents as to the contact arrangements with a child or children, an application can be made to the Court for a child arrangements order under the Children Act 1989. The Court may seek to regulate a child's living...
The ongoing pandemic has placed many pressures on our personal lives, with one in five relationships struggling to survive according to research by University College London. It is a further regrettable statistic from the past two years, but if...
What is supervised contact? In proceedings relating to child arrangements the welfare of the child must be the court’s paramount consideration. It is presumed that a relationship with each parent will be in the best interests of children. However,...
Divorce is seldom an easy process, but difficulties are compounded when there is a business or a company involved. There is no standard formula for calculating an appropriate financial provision upon divorce and the Court's approach is to calculate and...
At the conclusion of family court proceedings, whether that concerns divorce, a financial remedy or children, a final order will be made by the court. This order may reflect an agreement that the parties themselves have reached between them, known as a...
With the COVID-19 vaccine being quickly rolled out across the UK, there are concerns among some about the long-term impact and side effects of the vaccine. As a result, some are reluctant to get the vaccine themselves or let their children be vaccinated. The...
The details surrounding if you need permission from a partner / former partner to take your child abroad are not widely known. Here we outline a few points and explain the main issues you could face if you try without permission. The...
Divorce professionals are reporting that cryptocurrencies are fuelling a new trend of asset concealment when couples part. For while offshore trusts and investments are well-known as tools used by the wealthy looking to hide assets, the increasing...
Our top tips for dealing with separations and children during the Christmas and New Year period... The festive period can be a difficult time for separated parents. If you have not agreed on the child arrangements as yet, time is running out. If disputes...
If you have decided to separate from your partner, there are certain practicalities that you will need to work out together. Even if you are unsure if you will divorce or dissolve your civil partnership , in the interim, you will need certainty about...
When a couple makes the decision to divorce, the breakdown of the relationship can have far-reaching consequences. Unfortunately, grandparents of any children of the relationship can suffer and even be prevented from seeing their grandchildren as often as...
Going through a divorce , the dissolution of a civil partnership or a separation can be extremely stressful and is likely to have a long-lasting impact on you and your family. This is particularly the case if you're going through a high net worth...
Domestic abuse charities across the nation have been issuing warnings relating to the rise in domestic abuse cases happening linked to the current football matches. The rise in Domestic abuses cases have spiked by 61 per cent since the March 2020...
Parental responsibility means all of the rights, duties, powers, responsibilities and authorities that a parent of a child has in relation to the child and his property by law. This is enshrined in law by section 31 of the Children Act 1989. A person with...
Surrogacy is the process by which a child is carried through pregnancy by a woman who has entered into an arrangement before she started to carry the child, with the intention that at birth, the child and parental responsibility for that child will be...
The breakdown of any relationship is always difficult and a divorce or dissolution of a civil partnership is rarely painless. Same sex females are twice as likely to divorce than same sex males but there is no clear explanation as to why but in any...
The topic of ‘should we get a Pre-nup’ can be sometimes quite an upsetting thing to consider for some couples, as ultimately, you are creating a plan of what would happen if your relationship were to cease. However, it is something that is...
The easing of lockdown may have been the catalyst for the announcement by billionaire Bill Gates and his wife that they were heading for divorce and separate lives, with data from Google showing a surge in searches for divorce guidance as restrictions were...
Under the current divorce law , the only way to get a divorce without a statutory delay is if one spouse not only initiates proceedings but alleges fault on behalf of the other. A no-fault divorce is a divorce procedure that does not...
Non-payment of child maintenance: What happens if a parent doesn’t pay? Under a child maintenance arrangement , child maintenance is usually paid by the parent who does not have day-to-day care of the child or does not usually live with the child. If...
It is very likely that multi billionaire Ms Scott would have been advised by her lawyers to enter into a prenuptial agreement as she married for the second time. Her net worth is estimated to be in the region of $53bn having helped her first husband Jeff...
Avoiding a turkey of a Christmas when the family gets together With the pandemic putting relationships under pressure and divorce rates recording their biggest percentage rise since 1972, family professionals and support groups are encouraging...
The new year often starts with Friends, Family and New Years Resolutions, but for many couples, the new year also brings with it, the desire to begin the new year separated. With Christmas traditions being different amongst each household, one that...
Good Divorce Week takes place from 30 November to 4 December 2020. During the awareness week, Resolution is relaunching its public facing Code of Practice which promotes a constructive approach to family issues and considers the needs of the whole family...
It has now been one week since England went into the second lockdown as a result of the continued pandemic. The second lockdown is slightly less restrictive than the first lockdown which we all experienced earlier this year. The government has allowed for...
Farmers or those married to a farmer do not need a specific farming divorce lawyer but they do need a good lawyer with experience of the particular issues that arise during a farming divorce. Gepp Solicitors have been serving the rural community of Essex...
From midnight on Friday 16th October 2020, Tier 2 restrictions came into effect in Essex and numerous other areas across the country. Tier 2 restrictions mean that people cannot meet other households socially indoors - whether at home or at other venues...
Money. As finances are becoming more stretched for so many households, one of the top reasons couples seek marriage counselling is financial issues. Infidelity . Across history extramarital affairs have ended countless marriages. However infidelity is...
There are concerns that the latest spike in coronavirus transmissions may see more relationships taking a hit, after a surge in divorce enquiries following the nationwide lockdown. Back to school traditionally sees a peak in petitions for...
The Divorce, Dissolution and Separation Bill has received Royal Assent but this has not yet come into force. This is mainly due to the changes which need to take place such as, court forms being updated. It is however rumoured that the new law will come...
The government has launched a review into the support available in the workplace, currently, for employees that suffer from domestic violence . The consultation seeks evidence and information onto what is available for employees nowadays and what...
Many of my clients, regardless of gender, do not actually know that a pension is classified as a matrimonial asset on divorce. Therefore, simply put, yes you are entitled to a portion of your spouse's pension. It was interesting to note that data from...
Restrictions continue to be eased as the UK gets further past the peak of the Coronavirus pandemic. Some people in England are now be able to form a "support bubble, but what does this mean for Family Law? Unmarried couples and the "support...
Since the covid-19 pandemic broke earlier this year, the number of virtual hearings held in England and Wales has increased five-fold. Some family law practitioners are saying video and phone calls are not suitable for some sensitive cases. Charitable...
I have had several enquiries regarding contact since the lockdown guidance was introduced. Cabinet Minister, Michael Gove, caused confusion among families when England announced its lockdown. When he appeared on ITV's Good Morning Britain, he said...
Cafcass has shared a very helpful guide for working at home whilst your children are around. The guide provides practical tips on how to remain productive and calm while working from home with children. It also offers useful links to a variety of online...
One in ten London crimes involves domestic abuse. The National Domestic Abuse Helpline has recorded a 25% jump in abuse inquiries since lockdown. There have been fears that domestic violence would increase due to the nationwide lockdown as victims of...
The country is in the middle of a Public Health crisis on an unprecedented scale. Parental responsibility for a child who is the subject of a Child Arrangements Order made by the Family Court rests with the child’s parents and not with the...
It has been reported that a financial settlement in divorce has been reached between William Shatner and his wife, Elizabeth. In his seven decades of television, William Shatner became a cultural icon for his portrayal of Captain James T. Kirk of the...
What you need to know about 'DIY Divorce' from our Family Law solicitor Filomena Sterkaj... There are many misconceptions about online divorce. I am often asked by clients whether a Solicitor is mandatory in their case or, can they just...
Mixed-sex couples can now become civil partners. Previously, the law only allowed same-sex couples to be civil partners. Rebecca Steinfeld and Charles Keidan, who won a legal battle for the right to heterosexual civil partnerships, were among the first...
Going through a divorce or separation is difficult. Emotions are high and even if two people agree, the changes can be overwhelming and stressful. All too often it is tempting to get into tit for tat arguments that lead nowhere. So why not make a few...
We have had a few questions recently from curious clients about when opposite-sex couples will be able to register a civil partnership . Opposite-sex couples will be able to register civil partnerships in England and Wales from 31 December 2019 ,...
I often meet clients who have an assumption that they can get a "quick divorce" - In England and Wales there is no such thing as a “quick divorce”. The time it takes a Court to process a divorce application can vary depending on the...
New laws to boost the rights of abuse victims, crack down on animal cruelty and introduce no-fault divorce could be axed after Parliament was suspended until the 14th October. The 12 bills that were going through at the time of Parliament's suspension...
Megastar Adele has filed for divorce from husband Simon Konecki. She announced the couple's separation in April, stating that she would like privacy and that there would be no further comments. The pair are said to have split amicably. Adele and...
So, when can you let your kids fend for themselves as you pop to the shops? If you’re a parent, you’ll be familiar with how long it takes to get your children ready to leave the house. Whether it’s setting up the pram for the baby,...
Legislation for no-fault divorce will be introduced as 'soon as parliamentary time becomes available'. Currently, there is no such thing as a no fault divorce. The only ground for divorce, is that the marriage has irretrievably broken down and to...
The record breaking divorce settlement.. The world's richest man, Amazon founder Jeff Bezos, and his wife MacKenzie have agreed a record-breaking divorce settlement of at least $35bn (£27bn). The divorce deal dwarfs a previous $3.8bn record set in...
The Civil Partnerships, Marriages and Deaths (Registration etc) Act comes into force on 26 May 2019. The Civil Partnerships, Marriages and Deaths (Registration etc) Bill received Royal Assent on 26 March 2019, becoming the Civil Partnerships, Marriages and...
Nearly two years after the government pledged to end the cross-examination of domestic violence victims by their alleged abusive ex-partners in the family courts, it has finally unveiled a draft bill to end the controversial practice. The landmark bill will...
It is perhaps considered insensitive to end a relationship by text message. Yet, the introduction of a new regulation allowing Saudi women to be notified by text of their divorce should be hailed as a method of ending secret divorces. Under the male...
Whilst divorce is perhaps antithetic to the values of Christmas, festive cheer is not always enough to save relationships in conflict. Following the initiative to modernise divorce, the introduction of online petitions has allowed 13 couples in England and...
While attention is focused on the country’s divorce from the European Union, and what the New Year will bring from the Brexit bargaining table, many families will be facing up to break-up issues closer to home. Too often, the stress of trying to hold...
Gepp's family lawyers are supporting Resolution's campaign for a change in the law to reduce the fallout from divorce on children, after figures released today revealed the impact of conflict between separating parents. In a new poll, 79% of the...
Before the introduction of civil partnerships and same sex marriages, it used to be the case that same sex couples were discriminated against by not being able to obtain legal recognition of their relationship their relationship in any way. Since...
Figures released by the Office for National Statistics (ONS) show the divorce rate for heterosexual couples in England and Wales has hit a 45-year low. During 2017 for every 1,000 married men and women there were 8.4 divorces, representing the lowest...
What proposals is the government's consultation on divorce law reform likely to include? A new process to remove need for couples to have been separated or to allege ‘fault’ in order to obtain divorce Spouses would no longer be able to...
These days more and more people are spending time abroad, whether they’re overseas on business, trying to build a new life in a different country, or just taking a long trip. There are plenty of reasons a parent might want to take their child abroad...
In my blog of 26 July 2018, I reported on calls for a reform of divorce law after Mrs Owens was forced to remain in a marriage that was not working because the grounds, that she was unhappy, were insufficient for a divorce in England and Wales. ...
September is traditionally a time of new beginnings, with children off to school or university and parents back to work, but for many couples, the end of summer can spell the end of marriage . Lawyers often talk about ‘divorce day’ in January...
Pupil exclusions by schools have been hitting the headlines in the run up to the start of the new academic year and parents are being encouraged to find out where they stand if their children are the focus of disciplinary action at school. Figures1...
A survey of 11,000 children found 22% of the girls and 9% of the boys said they had hurt themselves on purpose in the year prior to the questionnaire. The self-harm statistics are included in The Children's Society's annual Good Childhood Report,...
Tini Owens (66) petitioned for divorce from her husband on the grounds that her husband had behaved unreasonable and the 40-year marriage had broken down irretrievably. Unusually, the petition was defended by her husband Hugh (78) and the divorce was denied....
The Family Court judges have a new leader from 18th July 2018. Sir Andrew McFarlane is the new President, ie the leading judge for all family courts. When Sir Andrew was a barrister, his specialism was the law relating to children. For more than 7...
Not everyone wants to get married in a church or registry office. For many cohabiting couples, a civil partnership is far more attractive – it moves away from the idea of women being the ‘property’ of their husbands and is infinitely more...
High profile inheritance disputes follow celebrities and the super-rich as surely as night follows day, but such challenges are becoming increasingly common, whatever the values involved. Some of the names to have made headlines include the artist...
Rebecca Steinfield and Charles Keidan made national headlines recently as they took to the courts their case for a civil partnership, despite being in a heterosexual relationship. As the law currently stands, only same-sex couples are allowed to enter into...
A new online service should cut the stress of applying for a divorce according to the Ministry of Justice, but family law professionals say it’s likely to benefit only those with simple finances who are pursuing the DIY route. The Ministry...
Until now grandparents have often been the unacknowledged victims of divorce, struggling to maintain contact with much loved grandchildren in the midst of circumstances beyond their control. In recent years this has caused ever increasing numbers of...
There are increasing numbers of people dissatisfied with the provision made for them by family members within their wills. More and more people are looking to challenge wills. But the vast majority of wills still pass through the probate process without...
On Russell Crowe’s 54th birthday and what would have been his 15th wedding anniversary the New Zealand actor decided to have a bit of a clear out. In a recent article published by the BBC Russell Crowe held his "Art of Divorce" auction - a...
I am delighted announce that Sarah Overy has now completed her accreditation as a Family Mediator and she is now certified as a scheme member recognised by the Law Society. Sarah has been able to undertake mediation for some time, and has considerably...
When couples break up either one can be 100% liable for money owed on a joint account After Jennifer Davis ( not her real name ) tried to shut down the joint account she shared with her former partner, she got a nasty surprise. Her other half had taken out...
How do I maintain my relationship with my grandchildren when their parents' divorce? When a marriage breaks down, it is usual for the parents to discuss the arrangements for their children. Grandparents however, are often overlooked, leaving them...
Plans are afoot for heterosexual couples to be given the right to enter into civil partnerships after the biggest shakeup of marriage laws since the 1800s. The home office said it would review the operation of civil partnerships – which are currently...
Wedding season is just around the corner.. .. and there is an extra buzz thanks to the brace of royal weddings planned for 2018. If you’re tying the knot this year, it’s likely you’ve spent time carefully planning everything from bouquets...
Historically pre-nuptial agreements were reserved for the rich and famous, but in recent years the Courts have shown a much greater willingness to uphold such agreements, provided some basic rules are followed in their preparation. There are a number of...
In any separation or divorce the emotional upheaval can be stressful to deal with, but so too can the financial implications. If couples are unable to agree to an amicable separation or divorce and the process goes all the way to a contested court hearing,...
The majority of houses are no longer bought by married couples. As exciting (and often stressful!) as buying a new home is, it is of great importance to document how a property is to be held in the event the property ever needs to be sold. It is often the...
The first working Monday after the Christmas and New Year festivities have passed sees more people feeling disillusioned about their relationship. Here at Gepp and Sons we are used to seeing an increase in enquiries about divorce and separation in...
Christmas celebrations for children are too often marked by family divisions when relationships break down. According to statistics from the ONS around 100,000 children per year see their parents divorcing, with many of those families breaking...
In 2005 Civil Partnerships were introduced for same-sex couples. Fast forward to 2014, and same-sex marriage was also made legal, meaning same-sex couples now have the choice between the two. But what are the differences? Rights for both married couples and...
With Christmas fast approaching you might be thinking about the next stage of your relationship and asking your partner to move in. What rights do cohabiting couples have with respect to the property they live in and other assets? Couples who are unmarried...
Unfortunately, being a father with or without Parental Responsibility for your children does not automatically give you the right to spend time with them over the Christmas holidays, unless you have an agreement or a Court Order. We recommend trying to work...
How to make your children's Christmas special Start the conversation about Christmas with your children's other parent as early as possible so that you have plenty of time to agree arrangements and tell the children, and they know what to...
It’s no secret that divorce can be one of the most stressful events a person goes through in life. Unfortunately when children are involved things can be doubly challenging. The co-parenting process can be tricky to master at first, but here are 5 top...
A Consent Order is a legally binding document which sets out the financial agreement between divorcing couples. Each Consent Order is different and is drafted according to each party's unique circumstances. The Consent Order will deal with all the...
Many people imagine that to get divorced they will have to go to court and that this will be a long, stressful and expensive process. In fact, most divorcing couples do not need to go to court, either for the divorce process itself, or to resolve issues...
In a divorce, nobody really comes out of the process a ‘winner’. Hostilities between battling former spouses can sour relationships not just between them, but throughout the wider family group too. Courts do their very best to protect the...
Earlier this year, a divorce case made the headlines when Tini Owens was not granted a divorce from her husband, Hugh Owens on the grounds of unreasonable behaviour. This was a highly unusual case: the vast majority of divorces go undefended, but in this...
The Court of Appeal has upheld the High Court's decision on a financial remedy order in favour of the husband after a 23 year marriage, on the grounds that most of the property was owned by him before the marriage began. In August this year in...