October 24, 2019
What can you do if you are experiencing Domestic Abuse?
Many people believe that domestic abuse, also known as domestic violence, is limited to physical acts such as pushing, slapping or hitting another person. This is not the case.
The government’s definition states that domestic abuse includes behaviour that is “controlling, coercive, threatening, violent or abusive" and that it "occurs between people aged over 16”.
Although domestic abuse is often thought of as a gender crime, it is important to note that such abuse affects both men and women and includes “psychological, physical, sexual, financial and emotional” mistreatment.
It can be hard to accept that you are in an abusive relationship and easy to make excuses for your partner’s behaviour.
The government’s definition states that domestic abuse includes behaviour that is “controlling, coercive, threatening, violent or abusive" and that it "occurs between people aged over 16”.
Although domestic abuse is often thought of as a gender crime, it is important to note that such abuse affects both men and women and includes “psychological, physical, sexual, financial and emotional” mistreatment.
It can be hard to accept that you are in an abusive relationship and easy to make excuses for your partner’s behaviour.
When you do realise that your partner is behaving in an unacceptable way, there are people who can listen and help you decide your next steps. You might not want, or feel able, to end your relationship, but it is important to get help to end the abuse. Without intervention, it is unlikely that the abuse will stop on its own.
There are many ways to ask for help, including:
- Speaking to a trusted friend or family member
- Speaking to your GP
- Contacting the National Centre for Domestic Violence
- Contacting the 24-hour National Domestic Violence Freephone Helpline: 0808 2000 247 – run as a partnership between Refuge and Women’s Aid
- Contacting Victim Support’s Domestic Violence Service – they are independent of the police and able to support you for as long as you need.
- Visiting a Safe Space at Boots, Superdrug Pharmacy, Morrisons Pharmacy and many independent pharmacies where there will be specialist domestic abuse support information for you to access and facilities for you to make a call safely (update 2020).
If you feel unsafe, we would always recommend that you contact the police. If you have already done this or believe that it has no effect on your partner’s conduct you can take further steps through the courts.
A letter from a solicitor threatening court action might act as a deterrent. However, it is not always appropriate to give notice, in high-risk situations it might be recommended that you apply for an urgent injunction.
There are two types of injunction that are intended to protect you and/or any children who are affected by the abuse:
- An Occupation Order – which can remove your partner from the home and deny them the right to access certain areas outside of the home.
- A Non-Molestation Order – which can be issued where there is violence, threat of violence, intimidation, harassment and pestering.
A breach of a non-molestation order has serious consequences. It is a criminal offence for which a person can be arrested and is punishable by up to 5 years imprisonment. The court will consider making a non-molestation order to secure your health, safety and well-being and the same for any relevant children. You will need to provide evidence that protection is required, such as medical/police reports, a GP letter, photographs of injuries or even a statement from a witness (such as a family member or friend). This is important as injuries may heal and evidence of them can be crucial, especially if your partner denies their actions.
Whether you are ready to seek help or not, you might consider keeping a private record of the abuse you are experiencing, as this can help you if and when the time comes. You can also download the Hollie Guard App, which turns a smart phone into a personal safety device alerting nominated contacts or the police if you are in danger as well as recording video and audio if necessary, the evidence is admissible in court.
Legal Advice
For further advice on protecting yourself from domestic abuse, please contact Louise Allard or Sabrina Bailey on 020 7993 2936.
Filed Under: Insight
INSIGHT|November 28, 2023
What Is The Process For Applying For A Child Arrangements Order?
At Allard Bailey, we understand that family conflicts or separations can be challenging and emotional times, especially when children are involved. That is why we have created this guide to provide valuable insights into the process of applying for a Child Arrangements Order in a clear and comprehensible manner.
As a fundamental legal instrument in Family Law, the Child Arrangements Order details visitation schedules and custody arrangements, prioritising the child's welfare in situations where parental or guardian agreement is lacking. By understanding this process, parents and guardians can make informed decisions that facilitate the amicable resolution of familial conflicts.
In the following sections, we will delve into the details of the process, including the role of the court, and provide expert guidance to navigate the procedure smoothly.
As a fundamental legal instrument in Family Law, the Child Arrangements Order details visitation schedules and custody arrangements, prioritising the child's welfare in situations where parental or guardian agreement is lacking. By understanding this process, parents and guardians can make informed decisions that facilitate the amicable resolution of familial conflicts.
In the following sections, we will delve into the details of the process, including the role of the court, and provide expert guidance to navigate the procedure smoothly.
INSIGHT|November 20, 2023
What if my spouse refuses to accept the divorce?
Divorce is a difficult and emotionally draining process but it can be made even more difficult if one of the parties refuses to cooperate or accept the divorce. This article will explore the grounds for divorce and what can be done if a spouse refuses to accept the divorce or ignores proceedings altogether.
Eligibility for divorce
You can get divorced in England or Wales if:
- you have been married for over a year;
- your relationship has permanently broken down; and
- your marriage is legally recognised in the UK.
INSIGHT|November 10, 2023
Is surrogacy legal in the UK?
Surrogacy is an increasingly popular option for single men and women or same-sex partners looking to start a family. It can also be an option for heterosexual couples who are not able to have children by other means. Surrogacy law is relatively underdeveloped so the process can be difficult to navigate. This article will look at the legal status of surrogacy in England and Wales and factors to be considered before taking this life-changing step.
What is surrogacy?
Surrogacy is when a woman carries and births a baby for a person or couple who may be unable to conceive or carry a child themselves. The woman carrying the child is known as the surrogate and the couple or individual who will become the child’s parent are often referred to as the Intended Parent(s) (IP(s)).INSIGHT|November 29, 2022
Is Private Financial Dispute Resolution a Good Idea?
Although it is not a legal requirement to separate your finances when you divorce, it is advisable to do so.
You can reach an agreement about your divorce finances between yourselves and this is usually preferential to going to Court. However, your divorce settlement must be approved by the Court to be legally binding.
The Court will look for evidence that the financial settlement is fair and meets both of your needs without putting one person under undue pressure or hardship.
As the concepts of fairness and hardship are subjective, it can be difficult to reach an agreement that you both consider to meet these criteria. In this situation, you can request that the Court makes the decision about how to separate your marital finances for you.
You can reach an agreement about your divorce finances between yourselves and this is usually preferential to going to Court. However, your divorce settlement must be approved by the Court to be legally binding.
The Court will look for evidence that the financial settlement is fair and meets both of your needs without putting one person under undue pressure or hardship.
As the concepts of fairness and hardship are subjective, it can be difficult to reach an agreement that you both consider to meet these criteria. In this situation, you can request that the Court makes the decision about how to separate your marital finances for you.
INSIGHT|November 29, 2022
Should we go to Court or Arbitration to settle our Divorce?
When your relationship breaks down there is a lot to decide and it can be difficult to agree on everything.
If you have different views on what is fair, disputes about finances, property and children can continue for months or even years.
If you are unable to reach a compromise through other means, you might consider Family Arbitration as an alternative to Divorce Court.
This blog outlines the process of Divorce Arbitration, highlighting some of the key advantages and disadvantages to help you decide whether to consider it as an option.
If you have different views on what is fair, disputes about finances, property and children can continue for months or even years.
If you are unable to reach a compromise through other means, you might consider Family Arbitration as an alternative to Divorce Court.
This blog outlines the process of Divorce Arbitration, highlighting some of the key advantages and disadvantages to help you decide whether to consider it as an option.
INSIGHT|May 4, 2022
Can I Change My Child Maintenance Payments?
As your children grow, both your circumstances and their circumstances will change. It may be necessary to vary the amount of child maintenance paid each month.
The route to change child maintenance payments depends on whether you are making Court-ordered payments or whether your child maintenance is dealt with by the Child Maintenance Service (CMS).
In this blog we focus on the options available to a paying parent who needs to reduce child maintenance payments. However, the same principles of process apply to a receiving parent who wishes to increase payments.
It is important to remember that the repercussions of reducing or stopping payments without agreement are serious and can have a long term effect on your financial situation. It is therefore advisable to take advice from a specialist at the earliest opportunity.
The route to change child maintenance payments depends on whether you are making Court-ordered payments or whether your child maintenance is dealt with by the Child Maintenance Service (CMS).
In this blog we focus on the options available to a paying parent who needs to reduce child maintenance payments. However, the same principles of process apply to a receiving parent who wishes to increase payments.
It is important to remember that the repercussions of reducing or stopping payments without agreement are serious and can have a long term effect on your financial situation. It is therefore advisable to take advice from a specialist at the earliest opportunity.
INSIGHT|April 4, 2022
How are Gender Recognition Laws Changing in UK?
A survey published by BBC Scotland in February shows 57% of respondents think it should be easier for trans people to obtain a Gender Recognition Certificate. This goes up to 70% in the 16 to 34 year-old age group, signalling a brighter future for the local transgender community.
Following five years of consultation, the Gender Recognition Act Reform Bill was heard by the Scottish Parliament at the beginning of March. The proposals include reducing the waiting time from two years to three months; removing the need for a medical diagnosis; and reducing the minimum age to apply for a Gender Recognition Certificate from 16.
The proposals are welcomed by Scottish Trans, but they believe the reforms "would still see Scotland with a gender recognition law that is far from world-leading". Where does this leave the trans community south of the border?
Following five years of consultation, the Gender Recognition Act Reform Bill was heard by the Scottish Parliament at the beginning of March. The proposals include reducing the waiting time from two years to three months; removing the need for a medical diagnosis; and reducing the minimum age to apply for a Gender Recognition Certificate from 16.
The proposals are welcomed by Scottish Trans, but they believe the reforms "would still see Scotland with a gender recognition law that is far from world-leading". Where does this leave the trans community south of the border?
INSIGHT|March 7, 2022
Break the Bias When Parents Separate
There have been huge changes in attitudes towards women, family and relationships; but there is still a clear stereotype in parenting roles.
Women generally take the lead in caring for children and this can leave them in a vulnerable situation if their relationship ends.
We highlight this issue for married and unmarried mothers, discussing how Prenuptial Agreements and Cohabitation Contracts can #BreakTheBias when parents separate.
International Women's Day 2022 #IWD2022
Women generally take the lead in caring for children and this can leave them in a vulnerable situation if their relationship ends.
We highlight this issue for married and unmarried mothers, discussing how Prenuptial Agreements and Cohabitation Contracts can #BreakTheBias when parents separate.
International Women's Day 2022 #IWD2022
INSIGHT|March 2, 2022
How are Divorce Laws Changing? “No Fault Divorce”
As one of the firms campaigning for no-fault divorce, we are pleased that it will soon be here, but what does it really mean for couples who are divorcing? How are divorce laws changing? Should you wait for the new divorce laws?
Designed to reduce conflict in divorce proceedings, No-Fault Divorce will remove the need to appoint blame for the breakdown of a marriage or civil partnership and allow couples to make a joint divorce application.
This is a significant change to family law in England and Wales, which has traditionally required one spouse to divorce the other, usually on the grounds that their actions caused the relationship to fail.
Designed to reduce conflict in divorce proceedings, No-Fault Divorce will remove the need to appoint blame for the breakdown of a marriage or civil partnership and allow couples to make a joint divorce application.
This is a significant change to family law in England and Wales, which has traditionally required one spouse to divorce the other, usually on the grounds that their actions caused the relationship to fail.
INSIGHT|January 18, 2022
Could Mediation Help you Resolve your Family Law Dispute?
Mediation is the most popular form of Alternative Dispute Resolution and has much positive feedback.
It is a practice intended to help people in dispute reach agreement on their own - so that you do not need to involve the Courts.
The idea is that you discuss the situation directly with the other person and try to reach an agreement between you. However, you are able to take independent legal advice at any stage of mediation and it is possible for a solicitor and / or other professionals to attend mediation with you.
All mediation is overseen by a trained and impartial third person, known as the mediator.
It is a practice intended to help people in dispute reach agreement on their own - so that you do not need to involve the Courts.
The idea is that you discuss the situation directly with the other person and try to reach an agreement between you. However, you are able to take independent legal advice at any stage of mediation and it is possible for a solicitor and / or other professionals to attend mediation with you.
All mediation is overseen by a trained and impartial third person, known as the mediator.
INSIGHT|December 15, 2021
Using a Child Contact Centre
It is usually better for children to maintain contact with both of their parents after separation, but this can be difficult for many reasons.
It is common for a parent to leave the family home without a fixed address, meaning they do not have anywhere appropriate to take their child.
There will sometimes be extreme circumstances that led to the separation, or it may simply be that the parents’ emotions are too raw and they cannot face seeing each other.
This can be difficult for children who feel caught in the middle.
It is common for a parent to leave the family home without a fixed address, meaning they do not have anywhere appropriate to take their child.
There will sometimes be extreme circumstances that led to the separation, or it may simply be that the parents’ emotions are too raw and they cannot face seeing each other.
This can be difficult for children who feel caught in the middle.
INSIGHT|December 8, 2021
Could a Co-Parenting App help you Stay Child-Focused?
Navigating arrangements for children and ensuring their lives remain as unaffected as possible after separation can be difficult; particularly in the early stages when you may feel like your life has been turned upside down and you are still negotiating aspects of your settlement.
Apps can provide a focused method of communication which is solely about the children.
Many parents find that apps help them keep on top of their children’s lives and minimise conflict. If communication between parents is breaking down in other settings, such as face to face or by WhatsApp, a co-parenting app can ensure there is always an open channel of communication to make arrangements for your children.
Apps can provide a focused method of communication which is solely about the children.
Many parents find that apps help them keep on top of their children’s lives and minimise conflict. If communication between parents is breaking down in other settings, such as face to face or by WhatsApp, a co-parenting app can ensure there is always an open channel of communication to make arrangements for your children.
INSIGHT|December 3, 2021
Could Child Inclusive Mediation Help You Agree Child Arrangements?
It is common for separating parents who have their child’s best interests at heart to have different views on what that means.
It is a time of great change and emotion for everyone and it can be difficult to set that aside and reach an agreement between you.
Court proceedings are stressful for all concerned and there is significant delay in the system, but there are alternatives.
We highlight Child Inclusive Mediation as an alternative means of resolving children matters, which can help you lay the foundations for a strong co-parenting relationship moving forward.
It is a time of great change and emotion for everyone and it can be difficult to set that aside and reach an agreement between you.
Court proceedings are stressful for all concerned and there is significant delay in the system, but there are alternatives.
We highlight Child Inclusive Mediation as an alternative means of resolving children matters, which can help you lay the foundations for a strong co-parenting relationship moving forward.
INSIGHT|December 2, 2021
Practical Ideas to Continue Contact with your Child
When parents separate, it is common for children to live with one parent more of the time. Whichever parent they are with, it is natural for them to miss the other.
What can parents do to make it easier for children and show that they are still valued by both?
First remember there are many types of contact and if your child misses you, there is rarely a good reason that contact should be limited to the days they see you.
In the age of telephones and video calls, children should be able to speak to both of their parents every day if they want to. You can also write, email and communicate on social media if it is appropriate for your child.
What can parents do to make it easier for children and show that they are still valued by both?
First remember there are many types of contact and if your child misses you, there is rarely a good reason that contact should be limited to the days they see you.
In the age of telephones and video calls, children should be able to speak to both of their parents every day if they want to. You can also write, email and communicate on social media if it is appropriate for your child.
INSIGHT|December 1, 2021
Could a Parenting Plan Help Your Child?
One of the most difficult discussions parents have when they separate is about what happens to the children.
It is natural for this conversation to focus on where they will live and when they will have contact with each parent. It is not easy to know what else to discuss and how to approach it.
Preparing a Parenting Plan will help you consider the entirety of arrangements for your child and how you will work together to parent them moving forward.
By considering situations before they occur, you can provide more certainty and a more positive environment for your child.
It is natural for this conversation to focus on where they will live and when they will have contact with each parent. It is not easy to know what else to discuss and how to approach it.
Preparing a Parenting Plan will help you consider the entirety of arrangements for your child and how you will work together to parent them moving forward.
By considering situations before they occur, you can provide more certainty and a more positive environment for your child.
INSIGHT|November 29, 2021
Five Steps to Keep Your Child’s Needs at the Forefront of Separation
Separations are often referred to as an emotional roller-coaster because of the intense highs and lows and it can be easy to lose sight of children within this myriad of emotions.
How parents behave during a divorce or separation will have an impact on the happiness, health and wellbeing of their children.
To minimise the negative effects, it is important to bear this in mind from the outset and set a tone for the separation that keeps your child’s needs at the forefront.
We have prepared five practical steps that can be taken to ensure your child’s needs come first and that a strong foundation is laid for a positive co-parenting relationship.
How parents behave during a divorce or separation will have an impact on the happiness, health and wellbeing of their children.
To minimise the negative effects, it is important to bear this in mind from the outset and set a tone for the separation that keeps your child’s needs at the forefront.
We have prepared five practical steps that can be taken to ensure your child’s needs come first and that a strong foundation is laid for a positive co-parenting relationship.
INSIGHT|September 29, 2021
How do I know if our Prenuptial Agreement is Fair?
A Prenuptial Agreement (prenup) might not seem romantic, but many couples find the process of preparing one to be a bonding experience, ensuring they enter their union with openness and honesty.
A Prenuptial Agreement allows couples to have a degree of self-regulation over their affairs and set out from the outset what will happen if they separate.
It is not about trying to make sure your new spouse does not get anything, but allows couples the opportunity to decide what would be fair for themselves. Most people find it easier to do this when they are experiencing the best of times.
A Prenuptial Agreement allows couples to have a degree of self-regulation over their affairs and set out from the outset what will happen if they separate.
It is not about trying to make sure your new spouse does not get anything, but allows couples the opportunity to decide what would be fair for themselves. Most people find it easier to do this when they are experiencing the best of times.
INSIGHT|September 22, 2021
Why should Pensions be included in Divorce Settlements?
The starting point in England for dividing assets when you get divorced or dissolve your civil partnership is to split everything equally. That is only the starting point, every case is different and turns on individual facts, but the key word is everything.
Every couple needs to consider every asset available to each person before they can decide what a fair division of assets looks like.
Pensions can often be the biggest asset an individual has, but they are often overlooked, why is this?
Many people simply do not realise that the pension can be shared. Others do not appreciate the long-term value of their spouse’s pension and either knowingly overlook it or agree for it to be offset in a way that does not provide the same level of benefit.
Every couple needs to consider every asset available to each person before they can decide what a fair division of assets looks like.
Pensions can often be the biggest asset an individual has, but they are often overlooked, why is this?
Many people simply do not realise that the pension can be shared. Others do not appreciate the long-term value of their spouse’s pension and either knowingly overlook it or agree for it to be offset in a way that does not provide the same level of benefit.
INSIGHT|March 31, 2021
Does BREXIT change rules Parental Child Abduction?
Unless you have a court order, you need the consent of everyone who has parental responsibility before you can take a child overseas. This is the case even if you have parental responsibility and the child really wants to go. Even if it is only for a few days you still need the consent of everyone who holds parental responsibility.
The only exception in England and Wales is if you have a court order directing that you can take the child abroad or if you have a Child Arrangements Order that states the child lives with you, in which case you can usually take them overseas for up to 28 days without seeking consent.
If a parent, guardian or relative takes or keeps a child overseas without the agreement of everyone who has parental responsibility, it is known as International Parental Child Abduction, which is a serious offence.
The only exception in England and Wales is if you have a court order directing that you can take the child abroad or if you have a Child Arrangements Order that states the child lives with you, in which case you can usually take them overseas for up to 28 days without seeking consent.
If a parent, guardian or relative takes or keeps a child overseas without the agreement of everyone who has parental responsibility, it is known as International Parental Child Abduction, which is a serious offence.
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