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Parental responsibility refers to all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property. A parent has control over their child’s choices until they reach the age of...
The Welfare Principle has been described as the “golden thread” of decision-making. It represents the paramountcy of the welfare of the child when decisions are being made about them. According to Section 1(1) of the Children Act 1989 , when a...
In April 2022 the Divorce, Dissolution and Separation Act (DDSA) 2020 came into force and it changed the way a divorce can be obtained. This reform is the most significant change to divorce law in almost 50 years and is progressive in its approach to...
The starting point is always that each party will pay their own legal costs in private children proceedings, regardless of the outcome of the case. The case of Re T (a child) (2005) confirms that it will be exceptional for the court to make a costs order...
If you and your partner/other person with parental responsibility of your child cannot agree on when you will each spend time with your child over the school summer holidays or your partner/other person with parental responsibility of your child is...
The answer to this question depends on what arrangements have been put in place. If there is no court order in place regarding the arrangements for your child, you would require the permission of those who have parental responsibility for the child. I...
You may have found yourself in a situation where you need parental responsibility in order to properly care for a child. Parental responsibility can be obtained in a number of ways, depending on your relationship with the child. What is parental...
Introduction Whilst it is always hoped and expected that your marriage will last a lifetime, sometimes, these wishes are not fulfilled. In the event of this, and to avoid litigation, it is sometimes a preference for both parties to sign an...
The short answer is yes: if a non-molestation order is made against you, you can challenge it. Background A non-molestation order prevents an individual who is in some way connected to the applicant from having any contact (Family Law Act,...
Typically married couples will be exempt from Capital Gains Tax (CGT) when they transfer (or sell) assets between themselves. This is because the disposal of assets is not treated as ‘chargeable’. The law states that the transfers between spouses...
From 6 April 2022, new legislation has bought significant changes in the divorce process. The Divorce, Dissolution and Separation Act 2020 replaces the previous “five grounds” for divorce, and therefore allows couples to divorce without...
In certain situations, such as being a victim of domestic abuse , an individual may feel they need protection from another person who is “connected” to the abuse. In this case, they are usually able to apply for a Non-Molestation Order. A...
A declaration of parentage states whether a named individual is, under English law, another individual’s parent. This can then be presented to the General Register Office, who have discretion about whether the father should be named on the birth...
The classic scenario is that the person comfortably housed in the property wants to stay there for as long as possible and the other person is desperate to sell perhaps because they are living in rental accommodation and unable to move on until they get...
Although often assumed, no matter how long you and your spouse have been separated for, this does not automatically mean that you are divorced. It is essential to follow the divorce process and apply for your Decree Nisi and then Decree Absolute. ...
Irretrievable breakdown of marriage is the sole ground for divorce in England and Wales. However, to establish this ground, a ‘fact’ must be proven. One of these facts is adultery. Same sex couples, however, are unable to use...
If you are not married and the property is in your sole name then your cohabiting spouse does not generally have an interest in that property. However, where a cohabiting partner makes financial contributions to the property for example paying...
A ‘Barder Event’ describes a circumstance when an unexpected and unforeseen event invalidates the fundamental basis upon which a financial remedy order was made. If such criteria are satisfied, the Court can revisit and alter the previous...
As the law stands currently in order to get divorced before 2 years have elapsed since you and your spouse separated you or your spouse has to rely upon a fault based fact to evidence the irretrievable breakdown of your marriage to the court. This...
In order to change a child’s name who is under the age of 16, whether that be forename or surname, all those with parental responsibility have to be in agreement. If those with parental responsibility are in agreement, then simply a change...
