Allard Bailey Family LawAchieve Your Life Goals Series: Using the Law to Align Your Professional and Personal Ambitions

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.

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.

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.

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?

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

INSIGHT|March 31, 2021

Has BREXIT changed International Child Arrangements?

It is natural to have concerns about child arrangements when your child, or their other parent, lives in another country. You might have agreed to a move within the EU knowing that, if needed, Court Orders from this country would be enforceable in the EU. Has Brexit changed that?

As the UK has now fully transitioned from the European Union, there are some subtle but potentially significant changes for parents whose child arrangements involve an EU country.

The UK is no longer subject to the EU laws governing family law, known as Brussels 1, but we are committed to an international agreement known as the Hague Convention. The Hague Convention has been signed by 35 countries including all members of the EU and sets out rules for dealing with parental responsibility, residence, contact and the protection of children across borders. The overriding principles are the same as EU law, but some of the specific applications vary.

INSIGHT|December 21, 2020

Allard

Bailey