Cross-border Enforcement of Financial Orders
In international divorce cases you may need to enforce a Family Court Order in another jurisdiction. Such orders usually relate to securing assets as part of a settlement.
If your former spouse lives or works overseas you may also need to enforce judgments relating to ongoing child or spousal maintenance.
This is a complex area of the law. If possible, you should gain legal advice from all jurisdictions before agreeing your final settlement. This will ensure that arrangements regarding overseas assets are both feasible and in your best interests.
If your former spouse lives or works overseas you may also need to enforce judgments relating to ongoing child or spousal maintenance.
This is a complex area of the law. If possible, you should gain legal advice from all jurisdictions before agreeing your final settlement. This will ensure that arrangements regarding overseas assets are both feasible and in your best interests.
Can I enforce my English Financial Order for maintenance abroad?
This is very likely. England and Wales has reciprocal arrangements with countries around the world to enforce financial orders which are required to meet a person’s needs, such as child and spousal maintenance.
Can I enforce my English Financial Order for assets abroad?
The situation regarding assets which have been divided in the interests of fairness, such as property and pensions, is more complex. Enforcement depends on the order and where it is going to be enforced. If you are divorcing in this country, but have property abroad, it is advisable to gain legal advice before any agreements are made.
Can I enforce my foreign Financial Order in England?
This is usually possible if the divorce is recognised in this country, but it will depend on the arrangements that are in place between the English government and the country in which the order was made.
Legal Advice
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Filed Under: Insight
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|November 29, 2022
Can my Solicitor Attend Mediation?
If you are separating or recently separated from your partner, you will need to agree how you will divide your assets and responsibilities for any children you may have together.
It is normal to have different views on what is fair when you get divorced. This does not mean you have to go to court. There are several methods of alternative dispute resolution available, the most popular of which is currently mediation.
Mediation is designed to help you resolve issues and reach agreements between you, so you can decide where you are willing to compromise rather than having decisions made for you by a third party. If you can demonstrate a level of respect and understanding of each other’s needs when you separate, it can make a real difference to the nature of your relationship moving forward. This can be important for parents who will remain in each other’s lives through their children.
It is normal to have different views on what is fair when you get divorced. This does not mean you have to go to court. There are several methods of alternative dispute resolution available, the most popular of which is currently mediation.
Mediation is designed to help you resolve issues and reach agreements between you, so you can decide where you are willing to compromise rather than having decisions made for you by a third party. If you can demonstrate a level of respect and understanding of each other’s needs when you separate, it can make a real difference to the nature of your relationship moving forward. This can be important for parents who will remain in each other’s lives through their children.
INSIGHT|November 28, 2022
Court Backlog Ruining Lives
Allard Bailey is supporting Resolution’s Good Divorce Week to show why the Government must support better advice for separating families.
Exclusive research from Resolution highlights the human suffering and cost caused by family court delays.
Good Divorce Week (28 Nov – 2 Dec) is an annual awareness campaign run by Resolution, an organisation that represents family professionals and helps people find a better, more constructive way to divorce.
Exclusive research from Resolution highlights the human suffering and cost caused by family court delays.
Good Divorce Week (28 Nov – 2 Dec) is an annual awareness campaign run by Resolution, an organisation that represents family professionals and helps people find a better, more constructive way to divorce.
INSIGHT|October 3, 2022
Recognition for our Family Law Specialists in Legal 500 2023
For more than 30 years, The Legal 500 has benchmarked law firms around the world through an annual research programme.
Its findings are published every year to highlight the practices that provide the most cutting edge and innovative advice.
The United Kingdom’s 2023 edition has been launched and we are delighted to have moved up the rankings in Family Law.
This independent endorsement is a reflection of the expertise of our family solicitors and the consistent results they deliver for clients with complex family law issues; as well as our deep rooted commitment to client service.
Its findings are published every year to highlight the practices that provide the most cutting edge and innovative advice.
The United Kingdom’s 2023 edition has been launched and we are delighted to have moved up the rankings in Family Law.
This independent endorsement is a reflection of the expertise of our family solicitors and the consistent results they deliver for clients with complex family law issues; as well as our deep rooted commitment to client service.
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|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|November 25, 2021
Free Parenting Guide Offered to Separating Families
Allard Bailey Family Law is offering a free guide to families who are divorcing or separating.
The Parenting Through Separation Guide is written by family professionals and advises parents of how to put their children first during a separation.
The guide is launched during Good Divorce Week which runs from 29 Nov - 3 Dec, run by national family justice organisation Resolution.
This year the focus of Good Divorce Week is parenting through separation.
The Parenting Through Separation Guide is written by family professionals and advises parents of how to put their children first during a separation.
The guide is launched during Good Divorce Week which runs from 29 Nov - 3 Dec, run by national family justice organisation Resolution.
This year the focus of Good Divorce Week is parenting through separation.
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.
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.
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
Achieve Your Life Goals Series: Understand how your Relationships can affect your Business
SPEAKERS: LOUISE ALLARD AND SABRINA BAILEY
HOSTED BY: FRESH BUSINESS THINKING
DATE: TUESDAY 19TH JANUARY 2020
WATCH REPLAY: CLICK HERE
HOSTED BY: FRESH BUSINESS THINKING
DATE: TUESDAY 19TH JANUARY 2020
WATCH REPLAY: CLICK HERE
INSIGHT|June 9, 2020
Is Arbitration a Good Alternative to Court during the Pandemic?
As we begin to emerge from lockdown, family issues that were put on hold are beginning to resurface and we are being asked what options are available to resolve disputes that cannot be settled through agreement.
Even before COVID-19, the courts had an overwhelming case load to work through. They are now functioning at reduced capacity due to being short staffed, with the judiciary and clerks adapting to new ways of remote working.
With limited options for court hearings to take place in person, cases are being adjourned or relisted at short notice, often to a date several months away or more. The current case backlog looks set to continue for the foreseeable future and will leave many cases in limbo. Those left without a final outcome will be unable to make any real progress through the court system for some time.
Even before COVID-19, the courts had an overwhelming case load to work through. They are now functioning at reduced capacity due to being short staffed, with the judiciary and clerks adapting to new ways of remote working.
With limited options for court hearings to take place in person, cases are being adjourned or relisted at short notice, often to a date several months away or more. The current case backlog looks set to continue for the foreseeable future and will leave many cases in limbo. Those left without a final outcome will be unable to make any real progress through the court system for some time.
INSIGHT|May 28, 2020
How Will the Current Housing market Affect my Divorce?
When decisions are being made about how to split your assets, property is usually a key consideration. Whether you own one property or several properties, you need to determine whether they should be retained or sold.
With estate agents returning to work in mid-May, the housing market is open and viewings are resuming - albeit cautiously and with the necessary precautions. This is promising news, but these are unprecedented times.
INSIGHT|May 13, 2020
How a Will can Safeguard your Children
The safety and wellbeing of their children is of paramount importance to most parents, whatever their age. However, few parents will realise that having an appropriate and valid Will is an essential tool in securing an underage child’s future.
Without a Will, your child may be set on a path that you would not want or have even envisaged.
By making a Will, you can be sure that your child or children are protected as best as possible.
This blog sets out some of the key facts all parents should consider.
Without a Will, your child may be set on a path that you would not want or have even envisaged.
By making a Will, you can be sure that your child or children are protected as best as possible.
This blog sets out some of the key facts all parents should consider.
INSIGHT|May 7, 2020
Child Maintenance Issues in a Covid-19 Pandemic: Your Questions Answered
Child maintenance is a major concern for both receiving and paying parents during this difficult time.
Many non-resident parents have reported that they are struggling to keep up child maintenance payments following furlough or job loss. Their financial circumstances have changed overnight and they may need to prioritise paying a mortgage or rent and utilities so they have a home to accommodate the children during their time with them.
Parents with care are bearing the hidden costs of children being home all day. Such as additional utilities, food, entertainment activities and supplies for home schooling. Some have needed to reduce work hours or stop work completely during this period to provide round the clock care for the children. The financial impact means many parents with care are more reliant on child maintenance payments than before.
Many non-resident parents have reported that they are struggling to keep up child maintenance payments following furlough or job loss. Their financial circumstances have changed overnight and they may need to prioritise paying a mortgage or rent and utilities so they have a home to accommodate the children during their time with them.
Parents with care are bearing the hidden costs of children being home all day. Such as additional utilities, food, entertainment activities and supplies for home schooling. Some have needed to reduce work hours or stop work completely during this period to provide round the clock care for the children. The financial impact means many parents with care are more reliant on child maintenance payments than before.
INSIGHT|April 30, 2020
Domestic Abuse Help in Lockdown
The Government’s Stay at Home rules have had many effects on our households and unfortunately not all of them are positive. For some people being together more than usual, confined in homes, in the current social and economic climate is like a pressure pot creating an unstable home environment. Sadly, in some households’ lockdown means being home alone with an abuser.
The increase in domestic abuse during the pandemic has been alarming. In London alone, more than 4,000 people were arrested for domestic abuse in the first six weeks of lockdown. Charges and cautions for domestic abuse have increased by 24% compared with last year. The charity, Refuge, reports an increase in calls to their helpline of 49%. Across the board, domestic abuse services report a 22% increase in their services. Disturbingly, the number of people murdered due to domestic abuse doubled in the first 21 days of lockdown.
The increase in domestic abuse during the pandemic has been alarming. In London alone, more than 4,000 people were arrested for domestic abuse in the first six weeks of lockdown. Charges and cautions for domestic abuse have increased by 24% compared with last year. The charity, Refuge, reports an increase in calls to their helpline of 49%. Across the board, domestic abuse services report a 22% increase in their services. Disturbingly, the number of people murdered due to domestic abuse doubled in the first 21 days of lockdown.
INSIGHT|April 22, 2020
Is Coronavirus Causing Issues With Your Spousal Maintenance Payments?
With COVID-19 related job losses and falling incomes affecting a sizeable minority of the population, we have seen a surge of enquiries about spousal maintenance issues. Many people rely on payments that have suddenly stopped, others are worried about incurring debt to keep up payments ordered by the Court. It is a difficult situation that is affecting many people with substantial spousal maintenance commitments. What can you do if this affects you?
INSIGHT|April 9, 2020
Co-parenting during the Coronavirus Crisis: Your Questions Answered
We have received many enquiries from parents who are concerned about their child contact arrangements in the current COVID-19 pandemic. Louise Allard and Angela Medin answer some of the most common questions below.
Please be aware that as the situation changes so does the guidance.
This blog was correct at the time of writing, but it is important to keep up to date with the current Government guidance and make sure you are complying with it.
INSIGHT|March 30, 2020
Why You Should Update Your Will As Soon As You Decide To Separate
If you have already made the difficult decision to end your relationship, it is unlikely that you would want your former partner to benefit from your personal estate.
Many people think of updating their Will as a final step after their divorce or separation is finalised, but waiting can leave your intended beneficiaries vulnerable and force them into a legal dispute at the worst possible time.
In this blog we explain why we recommend that you review your Will - or prepare a Will if you do not have one - as soon you know your relationship is ending.
Many people think of updating their Will as a final step after their divorce or separation is finalised, but waiting can leave your intended beneficiaries vulnerable and force them into a legal dispute at the worst possible time.
In this blog we explain why we recommend that you review your Will - or prepare a Will if you do not have one - as soon you know your relationship is ending.
INSIGHT|March 25, 2020
Further Advice on Child Arrangements during the Coronavirus (COVID-19) Crisis
Whilst the country faces a COVID-19 pandemic, many separated parents have been understandably concerned about their ability to meet the requirements of Child Arrangements Orders made by the Family Court.
On 24 March, the Rt. Hon. Sir Andrew McFarlane, President of the Family Division and Head of Family Justice, published advice for parents and guardians.
INSIGHT|March 20, 2020
COVID Child Contact Plans
**On 24 March 2020 the Family Court issued specific advice, you can refer to our latest blog for the most current information.
INSIGHT|March 16, 2020
Lawyers Available Out of Hours For Remote Appointments
Family law issues are stressful enough without adding health concerns and temporary working arrangements to the mix.
You can rest assured that we employ modern technology and working practices all year round, so COVID-19 will not disrupt the service you receive from our team.
Whether you are based in UK or overseas, appointments are always available via Skype, video call and on the telephone, at a time that suits you.
Whatever your schedule and commitments, our team of lawyers is ready to provide bespoke legal advice tailored to your situation.
You can rest assured that we employ modern technology and working practices all year round, so COVID-19 will not disrupt the service you receive from our team.
Whether you are based in UK or overseas, appointments are always available via Skype, video call and on the telephone, at a time that suits you.
Whatever your schedule and commitments, our team of lawyers is ready to provide bespoke legal advice tailored to your situation.
INSIGHT|December 16, 2019
The 12 days of a Healthy Christmas Divorce
For some couples, Christmas is a last test of their relationship before making the final decision to separate.
Others, who have already made that decision, stay together for one last Christmas - often when children are involved, sometimes to save difficult conversations during the festive period.
This can be tough, but a little bit of goodwill can go a long way and it does not have to end there.
Preparation and consideration can help you reduce the strain and cost of separation on a 12-step journey. These are our 12 steps to an amicable divorce.
Others, who have already made that decision, stay together for one last Christmas - often when children are involved, sometimes to save difficult conversations during the festive period.
This can be tough, but a little bit of goodwill can go a long way and it does not have to end there.
Preparation and consideration can help you reduce the strain and cost of separation on a 12-step journey. These are our 12 steps to an amicable divorce.
INSIGHT|November 19, 2019
Dads Putting Their Children First
As it is both International Men’s Day and World Children’s Day this week, we take a moment to highlight the importance of the father child relationship and consider the impact that parents separating can have on this bond.
We hear from our very own Ayse James, who lived with her Dad after her parents divorced, and share some practical advice from her Dad as well as our lawyers, who consider father's rights and most importantly, the right of a child to have a relationship with both parents where possible.
Research shows that Dads are as important as Mums in their roles as caregivers, protectors, supporters and as models for social and emotional behaviour. In fact, a child’s relationship with their Dad is one of the most significant and influential they will ever have. This remains the case when parents separate, because the parental role never ends.
We hear from our very own Ayse James, who lived with her Dad after her parents divorced, and share some practical advice from her Dad as well as our lawyers, who consider father's rights and most importantly, the right of a child to have a relationship with both parents where possible.
Research shows that Dads are as important as Mums in their roles as caregivers, protectors, supporters and as models for social and emotional behaviour. In fact, a child’s relationship with their Dad is one of the most significant and influential they will ever have. This remains the case when parents separate, because the parental role never ends.
INSIGHT|October 16, 2019
Common Myths about Adoption
When we first published this blog in 2019, statistics released for National Adoption Week showed there were more than twice as many children waiting to be adopted in England & Wales as there were approved adoptive homes. Children were spending an average of 556 days* in care before being adopted (*figures from April - June 2019).
In 2022, the pool of approved adopters has increased, but the picture is no more promising for children who are waiting to be adopted. Adoptions from care are at their lowest in 21 years and the average time that children with a placement order are waiting to be adopted has increased to 667 days.
The Government's shift towards a national adoption strategy and matching service is intended to help children find a family more quickly, but many people still do not realise they are eligible to adopt - or as some might say, become a hero.
In 2022, the pool of approved adopters has increased, but the picture is no more promising for children who are waiting to be adopted. Adoptions from care are at their lowest in 21 years and the average time that children with a placement order are waiting to be adopted has increased to 667 days.
The Government's shift towards a national adoption strategy and matching service is intended to help children find a family more quickly, but many people still do not realise they are eligible to adopt - or as some might say, become a hero.
INSIGHT|September 30, 2019
Co-parenting Disputes About School Applications
Most parents want to give their children wings to fly and believe that education is an important part of this.
As children settle into the new school year, many families are turning their minds to school choices, either for secondary or primary education.
State secondary school applications are normally due by the end of October and primary applications can usually be made between November and January. It is important to check the closing dates with your local education authority for state schools and with the school admissions team at private schools.
Whether your children are educated in the state sector or privately, choice of school is of utmost importance to most parents and carers. We are all aware that providing children with a good education can set them up for a successful and happy future.
As children settle into the new school year, many families are turning their minds to school choices, either for secondary or primary education.
State secondary school applications are normally due by the end of October and primary applications can usually be made between November and January. It is important to check the closing dates with your local education authority for state schools and with the school admissions team at private schools.
Whether your children are educated in the state sector or privately, choice of school is of utmost importance to most parents and carers. We are all aware that providing children with a good education can set them up for a successful and happy future.
INSIGHT|September 19, 2019
5 Things to Consider when you are Thinking about Divorce
When the problems in your marriage have come to a head and the relationship has broken down, it may be time to take steps towards a fresh start.
The breakdown of a marriage is a difficult time for most spouses and there are often many competing interests and emotions.
It is not always easy to know where to begin or the best way to go about it.
We set out some practical tips to guide you through the first steps of preparing for divorce.
The breakdown of a marriage is a difficult time for most spouses and there are often many competing interests and emotions.
We set out some practical tips to guide you through the first steps of preparing for divorce.
INSIGHT|September 2, 2019
Disputes about who should Pay Private School Fees
When parents separate, it is not uncommon for their children’s education to become an area of disagreement.
Perhaps one of you was more willing to compromise when you were together, or one parent’s priorities have changed now they are living away from the family home.
Parents who have a child or children in private school, or who had previously agreed that their children would attend private school from a certain age, can find themselves in dispute about who can and should pay school fees.
If you are focused on what is best for your child(ren), it can seem very unfair, especially if your ex has started a second family and is refusing to pay school fees because of this.
Is there anything you can do? It depends on your circumstances.
Perhaps one of you was more willing to compromise when you were together, or one parent’s priorities have changed now they are living away from the family home.
Parents who have a child or children in private school, or who had previously agreed that their children would attend private school from a certain age, can find themselves in dispute about who can and should pay school fees.
If you are focused on what is best for your child(ren), it can seem very unfair, especially if your ex has started a second family and is refusing to pay school fees because of this.
Is there anything you can do? It depends on your circumstances.
INSIGHT|August 5, 2019
Co-Parenting Tips for Your Children’s 1st Holiday Without You
When parents separate, the most common pattern of contact involves sharing care of children with the non-resident parent for alternate weekends and for half of the holidays.
Although most parents accept that this arrangement is in the best interests of the children, it is not unusual to feel a sense of grief or loss when the holidays come around.
If you have day-to-day care of the children it is natural that you find it difficult to switch off from that role and relinquish responsibility for a longer period of time.
Many parents experience FOMO – fear of missing out - particularly if the children are going on holiday or experiencing something exciting and new that they are not part of.
Although most parents accept that this arrangement is in the best interests of the children, it is not unusual to feel a sense of grief or loss when the holidays come around.
If you have day-to-day care of the children it is natural that you find it difficult to switch off from that role and relinquish responsibility for a longer period of time.
Many parents experience FOMO – fear of missing out - particularly if the children are going on holiday or experiencing something exciting and new that they are not part of.
INSIGHT|August 1, 2019
What You Need to Know Before Travelling Alone with Your Children
If you are leaving the country alone with a child, you may need to take extra documents with you to establish your relationship and that you are travelling with the proper consent.
This applies even if you are one of the child's parents.
Why? Put simply, this is to protect children from trafficking and international child abduction, which is when a parent (or family member) removes a child from the country without consent from the other parent.
If you are separated from your child's other parent you usually need their permission to take the child out the country.
This applies even if you are one of the child's parents.
Why? Put simply, this is to protect children from trafficking and international child abduction, which is when a parent (or family member) removes a child from the country without consent from the other parent.
If you are separated from your child's other parent you usually need their permission to take the child out the country.
INSIGHT|March 4, 2018
5 Tips to Cope with Family Law Proceedings
There is no getting away from the fact that family proceedings of any type are extremely stressful.
In particular, the lead up to a final hearing understandably triggers off a high level of anxiety and fear of the unknown. These feelings inevitably have an impact on day to day life.
We have put together some tips we hope will help you through this difficult period:
1. Don't allow the stress to define you
2. Don't be afraid to ask for help
3. Let go of what you cannot control
4. Ask questions
5. Look to the future.
In particular, the lead up to a final hearing understandably triggers off a high level of anxiety and fear of the unknown. These feelings inevitably have an impact on day to day life.
We have put together some tips we hope will help you through this difficult period:
1. Don't allow the stress to define you
2. Don't be afraid to ask for help
3. Let go of what you cannot control
4. Ask questions
5. Look to the future.
INSIGHT|November 21, 2017
Parental Alienation and the Children Caught in the Middle
Sabrina Bailey discusses the ramifications of parental alienation and its effects on the children that end up caught in the middle:
On 13th November 2017, I was excited to be invited to Westminster as a guest of the wonderful @OnlyDads and @OnlyMums for the Westminster Dialogues event.
A subject which was discussed and indeed one very close to my heart, as I see it frequently, is that of parental alienation. This is when a parent, deliberately turns their child against the other parent, to a degree that the child says they don’t want to see the alienated parent. Such behaviour from the perpetrator can involve bad mouthing, refusing any contact and making false allegations about the alienated parent’s behaviour.
It is shocking to hear the statistics that 1,000,000 children a year lose contact with a parent and in my view those children are being failed. There hasn’t been enough awareness so far in the court system to recognise alienation as being very real and harmful to children.
On 13th November 2017, I was excited to be invited to Westminster as a guest of the wonderful @OnlyDads and @OnlyMums for the Westminster Dialogues event.
A subject which was discussed and indeed one very close to my heart, as I see it frequently, is that of parental alienation. This is when a parent, deliberately turns their child against the other parent, to a degree that the child says they don’t want to see the alienated parent. Such behaviour from the perpetrator can involve bad mouthing, refusing any contact and making false allegations about the alienated parent’s behaviour.
It is shocking to hear the statistics that 1,000,000 children a year lose contact with a parent and in my view those children are being failed. There hasn’t been enough awareness so far in the court system to recognise alienation as being very real and harmful to children.
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