Sir Paul Coleridge, a High Court Judge since 2000 and a family specialist barrister before that, has launched a foundation to promote marriage. He is backed by other members of the Judiciary and some religious institutions. Their aim as quoted in The Times...
The law in relation to unmarried couples remains very different to that of married couples. The Law Commission recently reported on recommendations to provide some level of equality for unmarried couples but to date these have not been instituted and the law...
Arbitration isn’t a new concept. It has been used successfully in commercial disputes for some time. However, commercial disputes are often funded by a company and not by individual’s earnings after tax. Family disputes are often unexpected and...
The Court of Appeal has today handed down its first judgement in a civil partnership case. The case concerns Peter Lawrence a city banker and his civil partner Donald Gallagher, an actor who recently starred in Priscilla Queen of the Desert. The parties...
How many times are we faced with clients who believe their spouse has assets but they are unable to provide any detail. There is of course a duty on all parties to produce what is called full and frank disclosure of their assets but many spouses will still...
The controversy continues with the Catholic Church resisting the redefining of marriage to include gay couples whilst the government is due to introduce the consultation. The government seems to have indicated that the question is how the change will be...
Welcome news in the protection of victims of harassment and intimidation is David Cameron’s announcement that stalking will become a criminal offence for the first time with offenders potentially facing unlimited fines and up to five years in prison....
The 'Clare’s Law' scheme will give people the right to ask police about their partner’s past. The father of Clare Wood, Michael Brown, has been campaigning to change the law after his daughter was killed by her boyfriend, George...
It has been reported by the National Marriage Project at the University of Virginia that marriage has been strengthened by the recession. In part it may be that people’s commitment to marriage has deepened and it also may be that the financial strain...
The world is moving fast and the law is being accessed differently. People have choices as to how they wish to settle their disputes. The options are becoming greater as to how disputes are settled. Mediation allows you to take control of your own future;...
February 29th 2012 – a leap year. Tradition dictates that a woman can ask a man for his hand in marriage. Historically it has never been seen to be appropriate for a woman to propose. In fact public humiliation could be faced if it is rebuffed. There...
Amendments to the Legal Aid system are never far from the minds of any high street lawyer. We have all been caught up in the lobbying, arguing and worrying about what is going to happen and the potential destruction of access to justice. After the initial...
Getting involved in a deeply entrenched emotional divorce means that the recovery will be so much slower and more painful. Not only that it can lead to financial and professional ruin. Only this week a Consultant haematologist appeared before Southwark...
When parents separate or divorce it often brings pain not only for the parties themselves but for the children. It is well know that divorce, if managed badly, can be very negative for children. Much research has been undertaken about children and those...
A record number of applications to remove children into care was announced today. Is this the result of a dramatic decline in the standard of parenting across the country? Is it a reflection of over-caution by social workers? Is it a symptom of deeper...
The government announced today that it will introduce a legally binding presumption of shared parental for fathers and mothers after separation. Australia introduced a similar law giving shared parental rights several years ago resulting in an avalanche of...
We have entered a new era in the last week when we found that not only are jobs not for life but nor are knighthoods! Fred Goodwin was stripped of his knighthood which he received for banking services in 2004. He does of course get to keep his pension. He...
A recent study by experts from University of London and at the Anna Freud Centre suggest that children living in homes where violence takes place may actually have their brains affected by their home life situation, in a similar way to soldiers in combat....
There has been a development in the law following the Supreme Court Judgment delivered yesterday in the case of Kernott v Jones. The judgment has clarified the previous case of Stack v Dowden and has provided assistance in clarifying ambiguous terms from...
Much is being said and written in the media about the outcome of the Family Justice Review. However there is a greater problem on the horizon for parents who fall into disputes about their children which they are unable to resolve between themselves. That is...
The Family Justice Review has recently published its final report making a range of recommendations aimed at improving the family justice system and minimising delay. The Review says "no legislation should be introduced that creates, or risks creating,...
My last blog was about legal aid reform and without wishing to be repetitive I feel the need to blog again on the same subject as I feel so strongly in my opposition to the proposals for legal aid cuts. The Law Society called for a pause in the passage...
Albeit it’s only November, I have already seen the beginning of the inevitable Christmas shopping promotions. As everyone is supposed to know, Christmas is all about spending time with one another’s families, however that can be a particularly...
When people divorce, the biggest animosity often surrounds the division of the assets. Following many landmark cases over the years, the court is required to consider the needs of the couple, sharing and compensation alongside issues of fairness and...
Plans are currently being considered for women to win the right to force the police to confirm whether their partner has a violent history. The proposal is called ‘Clare’s Law’ and was launched on 17th July 2011 after the...
The use of social networking sites has become a daily issue for family lawyers . They have led to many allegations of extra marital relationships not only being formed as a result of links but also being found out by their spouse who has seen comments...
For anyone who saw this Sunday’s episode of Law and Order UK, I’m sure you’d agree that it was packed full of tension, emotion and suspense. The episode revolved around an apparent abduction of a young child as his mother enjoyed a morning...
The Foreign Office recently announced that there had been a 10% rise in the number of children abducted by a parent and taken to a country that was not signed up to a global child abduction treaty. The common abduction destinations are Pakistan,...
Regular viewers of the Manchester-based ‘soap’ Coronation Street will no doubt be aware of the recent story line involving Steve MacDonald, Tracy Barlow and their on-going disputes surrounding who gets ‘ custody of’ and/ or ‘...
On Fathers Day, David Cameron wrote an article for the Sunday Telegraph declaring “that families are the cornerstone of our society”. No doubt a majority of people may agree with this. However, he then went a step further,...
Children and young people are being asked for their views on the proposed changes to the family justice system by completing an online survey at: Family justice review . It’s all part of the government’s plans to implement changes to...
Summer is just around the corner now and if you are lucky, so is that holiday that was booked for you and the children. You have confirmation of the deposit paid, you have booked seats together on the flights, and the date on the calendar as a reminder to...
Lancashire police are considering new ways of protecting repeat victims of domestic violence which includes putting cameras into the family home. Whilst the practicalities of this are yet to be announced, it is believed that having cameras at the scene...
When is a rape not a rape or not a serious rape? If the Minister of Justice doesn’t know, what chance for the rest of us? The Government has been having similar problems with the definition of domestic violence. Why should this concern you?...
Wayne Rooney has recently been involved in a spat on Twitter with a Liverpool fan. Rooney tweeted “hope u turn up if u don't gonna tell everyone ur scared u little nit. I'll be waiting” but later went on to say it was “a bit of...
From the beginning of this firm, we have always been very committed to our communities in providing legal advice under the various Legal Aid Schemes. However significant changes are planned in 2012 to the schemes which are currently available for help with ...
In January, Stephensons' family law solicitor Tim Galbraith blogged about government proposals for a reform of the legal aid system in England and Wales: Reform of legal aid system . No firm decisions have yet been reached and the outcome has been...
Further to our blog ‘ The Budget, family law and grandparents! ’ on 24th June 2010, the coalition government’s proposals for consultation have been set out in a report by David Norgrove, Chair of the Family Justice Review. ...
Assets, children, money, time and a lot of energy all come into play when someone finally makes the life changing decision to bring a marriage to an end. The word ‘ divorce ’ conjures images of stress and conflict, coupled with the...
It seems that property prices whilst slowly increasing do not seem to be reaching the values prior to the recession. From my experience it shows that couples are still struggling to maintain their properties and are continuing relationships or leaving the...
In England and Wales the law relating to financial property on divorce is discretionary, which brings with it the obvious advantage of flexibility to provide for the countless different circumstances of divorcing couples , however, it also means that...
The first Civil Partnerships between same sex couples were entered into in 2005 following the passing of the Civil Partnership Act 2004. The numbers of Civil Partnerships peaked in 2006 with 16,106 couples formalising their relationship. Since...
I have just been reading an interesting article in ‘The Times’ newspaper that talks about a senior law judge remarking that changes to the law should be made to protect couples that are not married but live together. I quote from the...
On the 15th November 2010 the Government published proposals for reform of the Legal Aid system in England and Wales, set out in a Ministry of Justice Green Paper. Under these proposals (and according to the Government’s own figures), nearly half a...
News has broken this week that divorced lottery millionaire Nigel Page has paid £2 million to his ex wife Wendy after scooping £56 million on the Euromillions jackpot this year. That is despite her leaving him for another man in 2000. It is...
More and more people are now deciding to regulate the terms of their relationship. As marriage is on the decrease more people are cohabiting. Cohabitants should be warned however that common law wives and husbands do not have the same rights and...
There is no doubt that the emergence of social network sites such as Facebook has changed the way that we all communicate with each other. At the touch of a button, you can find long lost friends and relatives. The British Association of ...
The Supreme Court have finally pronounced their judgement in the long standing case of Radmacher v Gratiano. Most people will be familiar will the facts of this case as it has been dragged through the tabloids on so many occasions. ...
It seems that a day doesn’t go by without someone referring to themselves as a ‘common law wife or husband’. Many unmarried couples live with the assumption that if they have cohabited for a number of years they have similar legal...
On more than one occasion during the time I have been practicing as a family solicitor , clients have asked me if the Judge hearing their case will have the opportunity to hear evidence from their child within the Court proceedings. Until very recently...
Contact centres play a crucial role in assisting families with re-establishing contact in often acrimonious disputes over contact. However there is often a misconception that this contact is supervised by the Centre, and co-ordinated and managed by...
In August 2010, the Law Society Gazette reported a surge in cohabitation cases, considered to be as a result of the recession. This gave rise to the need for clarity in respect of cohabitees rights upon separation, in respect of both financial issues...
It seems that many unmarried people believe that following the breakdown of their relationship they must vacate the family home. This is incorrect especially in cases where children are involved. Where the property is owned jointly by a couple...
“Barnardo’s says court delays damage children” so reported the BBC on 9 August 2010. This echoed sentiments expressed by Sir Mark Potter, former president of the family division and head of family justice for England and Wales in...
As I sat at home watching the BBC documentary, Danielle Lineker: My New Stepfamily, I was reminded about the changing dynamics of the ‘traditional’ family. As the rate of divorce continues to increase, more and more children find that they are...
When parents decide to end their relationship there are many matters to consider. Who stays in the family home and who moves out? Does the family home have to be sold? But often the most important question parents consider is how will this impact on the...
The new Coalition Government's first budget has now come and gone, and no doubt deliberations will go on for months to come as to whether the measures outlined will have the effect they intended in reducing the country's debt, or make a difficult...
Research has shown that during the last World Cup there was a reported significant increase in incidents of domestic violence during the competition. This is put down to the increase in drinking coupled with the heightened emotions, particularly...
What can you do when you’ve separated from your partner (whether or not you’re married) and you cannot agree on who should reside in the family home? It may be that one person financially cannot afford to live elsewhere whereas the other...
The time of year is approaching when thought turns to the summer holidays. What can you do if you are enjoying regular contact and wish to take your child or children away with you on holiday, whether it is a short break in this country or a...
The General Election is looming and where does the family stand? The Labour Party and the Liberal Democrats do not differentiate between married or unmarried couples whereas the Conservatives offer financial incentives for the married couple and...
The old saying of “Keeping it in the family” is true when it comes to Katie Price and promoting her new equestrian line of clothing by using her children, Junior (aged 4 years) and Princess (aged 2 years) to model her new products. ...
Under the provision of the Human Fertilisation and Embryology Act 2008 which came into effect at the beginning of April last year, partners in same sex relationships are now given equal status as parents. This ultimately means that both partners can now be...
In January of this year the government was said to be placing grandparents at the centre of its family strategy for the election. Ed Balls announced that he planned to abolish laws that currently require grandparents to obtain court permission to see...
As a child I am sure you were told of the story of the princess locked in the castle being rescued by her prince in shining armour. The white wedding followed and they lived happily ever after or did they? One of the most recent...
Are they worth the paper they are written on? Unlike many other countries pre-nuptial agreements are not binding in England and Wales but is all this set to change? A pre-nuptial agreement is a pre marital agreement setting out how the...
