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.

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 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. 

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.

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.

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.

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?

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

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.

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 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.

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.

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.

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 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.

SPEAKERS: LOUISE ALLARD AND SABRINA BAILEY

HOSTED BY: FRESH BUSINESS THINKING

DATE: TUESDAY 19TH JANUARY 2020

WATCH REPLAY: CLICK HERE

Broadcaster and author Stephen Fry has voiced a video, produced by Allard Bailey Family Law, to help challenge stigma toward LGBT families.  The nine-minute film draws on independent research from the UK, United States, the Netherlands and Australia* that shows children raised by same-sex parents usually outperform others academically.

Stephen Fry says in the video that “stigma” is the one big disadvantage of same sex families:

“As medical advances enable more people to have biological children, adoption is declining among traditional families. At the same time there is a rise in adoption among same sex parents, who also adopt more of the children considered difficult to place, such as those with health problems, older children and siblings who should stay together. These children would otherwise face a very difficult future in care.”

While many people find it liberating to come out, others prefer to keep their sexuality and relationships private.  This is a personal choice made for many different reasons and should be respected; but there can be issues if your family is surprised, or upset, to find your partner included in your Will. In these circumstances it is not uncommon for family members to challenge a Will, which can leave your partner in a vulnerable position.  How can you ensure your wishes will be carried out and your partner will be provided for if your family does not know, or does not respect, that you are in a same-sex relationship?

As it becomes more common to start a family through insemination and surrogacy, many gay and lesbian couples are sharing this journey with another couple, or a friend, who might otherwise struggle to become parents themselves. When it works well, this arrangement provides a wonderful opportunity for you all to become parents with the added bonus, which is more important to some people than others, of your child knowing both biological parents.

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.

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.

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.

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.

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?

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.

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. 

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.

Deciding to have a baby with your partner can be one of the most exciting times in your life, but is it more complicated for same-sex female couples to be recognised as the legal parents of a child born through artificial insemination? It is fair to assume that if one of the child’s intended parents is the birth mother, she will not face any legal complications.  In UK, birth mothers are automatically recognised as a legal parent with parental responsibility for a child, even when they have been inseminated with donor sperm or eggs.

Two years ago today British Olympian Tom Daley and his husband Dustin Lance Black shone a spotlight on surrogacy by announcing they were going to become Dads.  Although there are relatively few families formed through surrogacy in UK due to restrictive regulations, surrogacy amongst gay couples is believed to have increased by 50% in the last 5 years. This blog looks at how gay men can father a child through surrogacy here or overseas and become the legal parents in UK.

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.

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.

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.

Great news for single parents who have, or would like to have, a child born through surrogacy.

A new reform has come into force that allows single parents in the UK to make an application for a Parental Order, which identifies them as the legal parent of their surrogate-born child.

This right was previously granted only to couples.

This is important because under UK law the surrogate mother (and her spouse or civil partner if she has one) automatically becomes the child’s legal parent(s), even if there is no biological connection between them.

The Parental Order extinguishes these automatic parental rights and transfers them to the child’s intended parent(s).

This week the media reported CAFCASS’ concern over falling rates of adoption due to the rise of surrogacy and more successful IVF rates, placing the spotlight firmly back on so called “alternative” family life.

There is no doubt that surrogacy arrangements are on the rise and less and less the “alternative” with new government guidance issued earlier this year. The latest CAFCASS figures also show applications to court for parental orders up from 44 to 220 from 2005-2015.

Added to the statistics are increasingly reported celebrity surrogacy success stories, from Robbie Williams and Ayda Field, to Kim Kardashian and Kanye West, and Tom Daley and Dustin Lance Black. Successful IVF rates also seem to climb, along with increased media coverage of pregnancy after age 45, with celebrities such as Rachel Weisz and Daniel Craig at the forefront. However, for some adoption is still the right route to create their family and secure the legal rights and welfare of the child and should not be overlooked.

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.