Article Category: Family Law – Insight & Opinion

Consent Order: When Is an Agreement an Agreement?

When spouses choose to separate, they are able to agree the terms of a financial settlement between themselves, through a method of Alternative Dispute Resolution or through solicitors. Any such agreement can take a variety of forms such as a verbal agreement, informally in correspondence or formally through solicitors. Usually, if using solicitors, the parties… Read more »

Cohabiting? Create an Agreement for Certainty

Between 2008 and 2018, cohabiting couple families continued to grow faster than married or lone parent families overall in the UK, with 25%* more cohabiting compared to the previous decade. If you are currently cohabiting you are not protected by matrimonial laws and you both need to carefully consider protecting any assets you bring into the relationship…. Read more »

Civil Partnership Option for Opposite Sex Couples

Opposite sex couples can now take advantage of the recent change in the law allowing them to enter into a civil partnership. Ann Chamings and John Eccles became one of the first couples in the UK to become opposite sex civil partners on New Years Eve 2019. They had been in a relationship for 43… Read more »

New Year, Fresh Start with an Amicable Divorce?

When unhappy couples spend time together over Christmas without the day-to-day distractions of working life, that time can really clarify why you might not want to spend another stressful holiday together. If it is an amicable divorce or separation that you want despite the circumstances behind your parting ways, a solicitor will be a calm… Read more »

Safeguarding the Hague Convention after Brexit

Concerns have been doing the rounds lately regarding the resolution of cross-border legal disputes post-Brexit. However, it appears The Private International Law (Implementation of Agreements) Bill aims to address this by effectively safeguarding the Hague Convention. What is the Hague Convention? The Hague Convention consists of a series of treaties created with the aim to… Read more »

What Can We Expect from the No Fault Divorce Bill?

Divorce rates in the UK have officially hit a record low. According to the Office for National Statistics, there were a total of 90,871 divorces between heterosexual couples in 2018. That reflects a drop of 10.6% in comparison to 2017 and the lowest recorded number since 1971. The reasoning behind this has been widely considered… Read more »

TOLATA: Property Rights for Unmarried and Co-habiting Couples

It is surprising how many couples believe that they have rights over another’s property if they have been in a long-term relationship that has come to an end. The concept of the term ‘common law wife’ is widely misconceived. There is no legal right to another’s property by virtue of a long-standing relationship. Similarly, clients… Read more »

Pension Sharing on Divorce

For many people, the pension fund is the largest asset after the matrimonial home. Pension sharing on divorce or at the end of a civil partnership can help to achieve a suitable balance of splitting the assets. However, unless a ‘Pension Sharing Order’ is made then the benefits will usually be lost to one party,… Read more »