Cohabitation Disputes
With more couples choosing to live together without getting married than ever before, cohabitating couples are the fastest growing family type in UK. Unfortunately the law does not reflect this and many people are surprised to find they have very little legal protection if they separate.
Despite the myth about "common law marriage", even if you have lived together for a long time and have children, you are not legally recognised as a couple. This can make things very difficult if you disagree about how to divide assets when you separate, especially if there is no documentation to support your position.
You can read more about financial disputes below and more about resolving disputes about children here.
Despite the myth about "common law marriage", even if you have lived together for a long time and have children, you are not legally recognised as a couple. This can make things very difficult if you disagree about how to divide assets when you separate, especially if there is no documentation to support your position.
You can read more about financial disputes below and more about resolving disputes about children here.
How can you protect yourself?
A Cohabitation Agreement is a legal contract between you and your partner which clarifies the ownership of shared property and assets, as well as specifying how they will be divided in the event of separation.
Nobody likes to think about the possibility of their relationship ending when they are at the exciting stage of moving in together, but taking this step ensures you are both on the same page and have realistic expectations about the contribution you will be making to your relationship.
You can enter into, or update, a Cohabitation Agreement at any stage in your relationship, which can be especially important if you have or intend to have children.
What if there is no written agreement in place when you separate?
We are experienced in assisting unmarried clients where a relationship has broken down and there is a disagreement about how the assets should be divided. If the dispute is in respect of a property then the Courts will apply trust and land law, even if you have been in a lengthy relationship. In this situation, careful negotiation is required to reach a fair outcome for everyone.
Legal Advice
For further advice on cohabitation agreements or disputes, please contact Louise Allard or Sabrina Bailey on 020 7993 2936 or complete a contact form.
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|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|February 28, 2022
Family Team Partner Promotions
We are pleased to announce the promotion of two senior family solicitors to the position of Partner.
Pictured with the rest of the senior legal team, Jennifer Granby and Louise Poulton's promotions bring the number of family partners to five.
(From left to right: Siobhan Lomasney - Partner, Louise Poulton - Partner, Sabrina Bailey - Managing Partner, Louise Allard - Managing Partner, Jennifer Granby - Partner.)
Pictured with the rest of the senior legal team, Jennifer Granby and Louise Poulton's promotions bring the number of family partners to five.
(From left to right: Siobhan Lomasney - Partner, Louise Poulton - Partner, Sabrina Bailey - Managing Partner, Louise Allard - Managing Partner, Jennifer Granby - Partner.)
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|January 17, 2022
Leading Partner joins Allard Bailey Family Law team
We welcome Siobhan Lomasney as a Partner in our Legal 500 ranked family law team.
Siobhan has had a distinguished career, acting for high-net-worth and high-profile individuals, their families and partners. She has been recognised in Legal 500 for her “excellent client engagement”.
Siobhan's family law expertise includes divorce and the dissolution of civil partnerships, matrimonial finance claims, complex children law matters and disputes between unmarried couples.
She is also a skilled litigator with extensive knowledge of civil fraud recovery, including international freezing orders. Her expertise includes challenging wills and helping clients to make claims against high-value estates.
Siobhan has had a distinguished career, acting for high-net-worth and high-profile individuals, their families and partners. She has been recognised in Legal 500 for her “excellent client engagement”.
Siobhan's family law expertise includes divorce and the dissolution of civil partnerships, matrimonial finance claims, complex children law matters and disputes between unmarried couples.
She is also a skilled litigator with extensive knowledge of civil fraud recovery, including international freezing orders. Her expertise includes challenging wills and helping clients to make claims against high-value estates.
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|October 5, 2021
Allard Bailey Recognised as Leading Firm for Third Year
Allard Bailey Family Law has been recommended by The Legal 500 for its expertise in Family Law for the third year running. This endorsement is reflective of the quality of our team, the service they deliver and the complexity of the cases they undertake. It is a notable achievement for a boutique firm in the competitive London market.
The Legal 500 has been analysing and comparing the capabilities of law firms across the world for more than 30 years. Its research team assesses the strengths of law firms in over 150 jurisdictions, highlighting the practice area teams who are providing the most cutting edge and innovative advice. We are delighted to be among them.
The Legal 500 has been analysing and comparing the capabilities of law firms across the world for more than 30 years. Its research team assesses the strengths of law firms in over 150 jurisdictions, highlighting the practice area teams who are providing the most cutting edge and innovative advice. We are delighted to be among them.
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|January 8, 2021
Happy New Year, Happy New Team Member
What better way to start the new year than with a new member of the team.
Allard Bailey Family Law welcomes Jennifer Granby to its busy family law team.
Jennifer, who joins as a Senior Consultant Solicitor, was previously a Director at a boutique family law firm in London.
She has significant experience advising on family law matters including divorce, financial relief, nuptial agreements, unmarried families, children disputes and domestic abuse.
Allard Bailey Family Law welcomes Jennifer Granby to its busy family law team.
Jennifer, who joins as a Senior Consultant Solicitor, was previously a Director at a boutique family law firm in London.
She has significant experience advising on family law matters including divorce, financial relief, nuptial agreements, unmarried families, children disputes and domestic abuse.
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|December 12, 2020
Stephen Fry joins Allard Bailey in video campaign to fight prejudice against same-sex parenting
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.”
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.”
INSIGHT|November 2, 2020
Achieve Your Life Goals Series: Shield Your Business from Issues in Your Personal Life
Speakers: Louise Allard and Sangeeta Rabadia
Hosted by: Fresh Business Thinking
Date: Tuesday 17th November 2020
WATCH REPLAY: click here
Hosted by: Fresh Business Thinking
Date: Tuesday 17th November 2020
WATCH REPLAY: click here
INSIGHT|October 5, 2020
Achieve Your Life Goals Series: Using the Law to Align Your Professional and Personal Ambitions
Speakers: Louise Allard and Sangeeta Rabadia
Hosted by: Fresh Business Thinking
Date: Tuesday 13th October 2020
WATCH REPLAY: Click here
Hosted by: Fresh Business Thinking
Date: Tuesday 13th October 2020
WATCH REPLAY: Click here
INSIGHT|October 1, 2020
Recommended in Legal 500 2021
Joint Managing Partners, Louise Allard and Sabrina Bailey, are delighted the firm has again been recommended by The Legal 500, which is widely regarded as the leading legal directory in the world. In its own words, The Legal 500’s rankings highlight ‘the practice area teams who are providing the most cutting edge and innovative advice’.
The Legal 500 includes the following information about the Family Law practice:
“Allard Bailey Family Law advises on all areas of family law, with a particular emphasis on complex financial proceedings where there are cross-jurisdictional issues, company assets and trusts structures. It is also skilled at advising on children law cases such as international relocation, child abduction and contact disputes, as well as surrogacy and adoption matters. The group is also recommended for its advice on LGBT family issues under the leadership of Louise Allard and Sabrina Bailey.”
The Legal 500 includes the following information about the Family Law practice:
“Allard Bailey Family Law advises on all areas of family law, with a particular emphasis on complex financial proceedings where there are cross-jurisdictional issues, company assets and trusts structures. It is also skilled at advising on children law cases such as international relocation, child abduction and contact disputes, as well as surrogacy and adoption matters. The group is also recommended for its advice on LGBT family issues under the leadership of Louise Allard and Sabrina Bailey.”
INSIGHT|August 10, 2020
Do Entrepreneurs Need a Business Power of Attorney?
As a business owner, it almost goes without saying that you need to ensure your business is protected from unforeseen circumstances. You may have already taken steps to protect it, such as obtaining key person insurance, arranging an appropriate overdraft facility with the bank and having a good shareholder / partnership agreement in place.
In our experience hard-working business owners are usually very good at dealing with the financial aspects of protecting their business, but tend not to consider their absence as a serious possibility, so make limited preparations for the operational impact.
INSIGHT|August 3, 2020
When Should Entrepreneurs Consider Succession Plans?
The kind of succession planning that requires a Will is unlikely to be on your mind when you start a business; but it is important if you hope the business will continue as a legacy, or have any kind of business interests that you would like to pass to loved ones.
Wills have always been an important part of succession planning for business owners and investors. Without a Will to direct how your professional interests should be managed, your business could face immediate operational issues and your estate may be dealt with in a way which depreciates its value. Effective succession and inheritance tax planning ensures that when the time comes, assets are passed on to the right people in a way that maximises the available tax reliefs. We call Wills which contain important directions regarding business and professional interests, Business Wills.
We review the key considerations for business owners and anyone holding business interests, such as stocks or shares, when preparing a Business Will.
Wills have always been an important part of succession planning for business owners and investors. Without a Will to direct how your professional interests should be managed, your business could face immediate operational issues and your estate may be dealt with in a way which depreciates its value. Effective succession and inheritance tax planning ensures that when the time comes, assets are passed on to the right people in a way that maximises the available tax reliefs. We call Wills which contain important directions regarding business and professional interests, Business Wills.
We review the key considerations for business owners and anyone holding business interests, such as stocks or shares, when preparing a Business Will.
INSIGHT|July 23, 2020
Supporting the Great British Entrepreneur Awards 2020
As a firm that prides itself on guiding entrepreneurs in their personal legal matters, Allard Bailey Family Law is proud to partner with Great British Entrepreneur Awards.
Learn more at www.greatbritishentrepreneurawards.com
Started in 2012 to celebrate, champion and support enterprising minds in Great Britain, the Great British Entrepreneur Awards is more than an awards programme. It is a community that supports one another, recognises successes and makes connections to enable Great British entrepreneurs and businesses to thrive. We are proud to be part of that community.
Learn more at www.greatbritishentrepreneurawards.com
Started in 2012 to celebrate, champion and support enterprising minds in Great Britain, the Great British Entrepreneur Awards is more than an awards programme. It is a community that supports one another, recognises successes and makes connections to enable Great British entrepreneurs and businesses to thrive. We are proud to be part of that community.
INSIGHT|July 22, 2020
Can I Protect My Will Against Challenges?
Challenging Wills is not a new concept, but it has become more common in recent years.
This is due in part to the rise in complex family structures as well as the steady increase in property values, which makes the possibility of a successful challenge more tempting.
It might not be something that you want to think about, but if it is possible that your final wishes could be challenged there are steps you can take now to reduce the risk.
The most common challenges to Wills are for want of mental capacity and/or undue influence so we will focus on how to protect against these.
This is due in part to the rise in complex family structures as well as the steady increase in property values, which makes the possibility of a successful challenge more tempting.
It might not be something that you want to think about, but if it is possible that your final wishes could be challenged there are steps you can take now to reduce the risk.
The most common challenges to Wills are for want of mental capacity and/or undue influence so we will focus on how to protect against these.
INSIGHT|July 9, 2020
Protecting Your Same-Sex Partner from Unfounded Challenges to your Will
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?
INSIGHT|July 2, 2020
The Tax implications of Cohabiting vs Marriage or Civil Partnership
With a 25% increase since 2008, cohabiting couples is the fastest growing family type in UK*. Whilst this is a lifestyle choice made for many different reasons, a lot of couples do not realise that it could impact the amount of tax they pay as a couple.
The rights of those who are Married and in a Civil Partnership are mirrored when it comes to tax.
INSIGHT|June 18, 2020
LGBT Parenting: Starting a Three-parent Family
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.
INSIGHT|June 11, 2020
Urgent Applications to the Court of Protection in the wake of Coronavirus
Legal practitioners recommend that everyone has a Lasting Power of Attorney. They provide rainy day insurance for situations like the coronavirus pandemic and allow you to choose who has the authority to look after your affairs if you are unable to do so.
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|June 1, 2020
Allard Bailey Chooses Zylpha Software to Boost Flexibility
Effective technology solutions and modern working practices are key to our ethos of delivering a first rate, flexible service whilst keeping client costs down.
The Zylpha bundling platform has proven to be a natural addition as it brings increased flexibility to our team and cost savings to our clients.
Zylpha enables us to construct bundles more quickly and easily. A bundle is a folder of documents provided to the court before a hearing, which contains all of the documents the court may need for that hearing.
Until recently, Counsel required bundles to be given to them in hard copy, but electronic files are becoming more acceptable and this technology puts us at the cutting edge.
You can read more at www.zylpha.com.
The Zylpha bundling platform has proven to be a natural addition as it brings increased flexibility to our team and cost savings to our clients.
Zylpha enables us to construct bundles more quickly and easily. A bundle is a folder of documents provided to the court before a hearing, which contains all of the documents the court may need for that hearing.
Until recently, Counsel required bundles to be given to them in hard copy, but electronic files are becoming more acceptable and this technology puts us at the cutting edge.
You can read more at www.zylpha.com.
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|April 8, 2020
Should I Get a Will or Lasting Power of Attorney Because of Coronavirus?
The current COVID-19 pandemic is prompting many people to prepare or update their Wills and Lasting Power of Attorney (LPA).
Some might think these people are panicking unnecessarily, but it is one of the more considered responses. Whilst it is true that most of us will make a full recovery from COVID-19, the sudden way it has come into our lives is a reminder that although death is a certainty, its timing is not.
Wills and LPAs have moved to the top of so many to do lists because people would like a say in who will look after them and take care of their affairs if they are unable to do so. They want to choose who will look after their young children and inherit specific items from their personal estate.
INSIGHT|April 6, 2020
Business Owners Should protect their operations in case they are incapacitated by Coronavirus
As Coronavirus spreads throughout the country, it can no longer be viewed as something that will only affect the vulnerable.
If only one person is authorised to make financial decisions, you need to think about what will happen if they become temporarily incapacitated by COVID-19.
A Lasting Power of Attorney (LPA) could assign specific authority to someone else whilst you are unable to work, but few business owners have these in place. LPA’s must be lodged with the Office of the Public Guardian and usually take up to 2 months (sometimes longer) to become legal. If you do not have an LPA already, it could be too late to set one up before you need 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 17, 2020
New Private Wealth, Wills & Estates Service
Allard Bailey Family Law has launched a new Private Wealth, Wills & Estates service for individuals and families.
With the hire of Sangeeta Rabadia, the firm can now assist clients with drafting wills, succession and inheritance tax planning, power of attorney, probate and administration of estates, as well as disputes regarding wills, trusts and estates.
Louise Allard, Joint Managing Partner of Allard Bailey Family Law:
With the hire of Sangeeta Rabadia, the firm can now assist clients with drafting wills, succession and inheritance tax planning, power of attorney, probate and administration of estates, as well as disputes regarding wills, trusts and estates.
Louise Allard, Joint Managing Partner of Allard Bailey Family Law:
"As a firm, we help people through the best and worst times of their lives, which can have a huge impact on their personal estate.
We are therefore excited to welcome Sangeeta, who brings extensive experience in private wealth planning and disputes, to assist our clients in preparing for their new future with compassion and sensitivity."
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|March 9, 2020
LGBT Parenting: Is Artificial Insemination More Complicated for Lesbian Couples?
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.
INSIGHT|February 14, 2020
LGBT Parenting: What does Surrogacy mean for Gay Couples in UK?
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.
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 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.
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 30, 2019
Allard Bailey Recommended by The Legal 500
Louise Allard and Sabrina Bailey (pictured with Senior Consultant Solicitor Louise Poulton) are delighted that the firm has been recognised for its expertise in Family law by The Legal 500.
The Legal 500 is widely regarded as the leading legal directory in the world and has been analysing the capabilities of law firms throughout the world for more than 30 years.
Its rankings and recommendations are based on a series of criteria, but simply put in its own words The Legal 500 highlights 'the practice area teams who are providing the most cutting edge and innovative advice'.
The Legal 500 is widely regarded as the leading legal directory in the world and has been analysing the capabilities of law firms throughout the world for more than 30 years.
Its rankings and recommendations are based on a series of criteria, but simply put in its own words The Legal 500 highlights 'the practice area teams who are providing the most cutting edge and innovative advice'.
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|May 16, 2019
The London Legal Walk 2019
At Allard Bailey Family Law, we believe in access to justice. That is why we will be joining The London Legal Walk on the evening of 17th June 2019 and walking 10k through London.
We will be raising money for London Legal Support Network, which supports over 100 organisations to provide free and pro bono advice to vulnerable people in London and the South East, including:
- Victims of human trafficking and labour exploitation
- People who have been unfairly dismissed or discriminated against at work
- Elderly people who need support to live independently
- Those living with disabilities and their carers
- Homeless people and families living in terrible conditions.
We will be raising money for London Legal Support Network, which supports over 100 organisations to provide free and pro bono advice to vulnerable people in London and the South East, including:
- Victims of human trafficking and labour exploitation
- People who have been unfairly dismissed or discriminated against at work
- Elderly people who need support to live independently
- Those living with disabilities and their carers
- Homeless people and families living in terrible conditions.
INSIGHT|April 18, 2019
Allard Bailey Launches New Technology to help Clients
Allard Bailey Family Law is one of the first UK law firms to adopt Settify, an online platform that uses artificial intelligence to interact with clients in real time.
Settify allows clients to outline their matter and provide their relationship history via their phone, tablet or computer and immediately receive free personalised guidance.
The partnership ties in perfectly with Allard Bailey's fresh, modern and flexible approach to deliver a sophisticated service and real value for clients.
Settify allows clients to outline their matter and provide their relationship history via their phone, tablet or computer and immediately receive free personalised guidance.
The partnership ties in perfectly with Allard Bailey's fresh, modern and flexible approach to deliver a sophisticated service and real value for clients.
INSIGHT|January 4, 2019
Single Parents can now Obtain Parental Orders in UK
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).
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).
INSIGHT|November 13, 2018
“Alternative” Families: Adoption and Surrogacy
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 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.
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.
INSIGHT|June 2, 2017
Do I need a Prenup and do they work?
In the days leading up to a wedding there are fewer statements less romantic that asking your betrothed to take some independent legal advice about a prenup.
No one wants to think about separating before they are married, but the reality is relationships do break down and pre-nuptial agreements (or prenups) are increasingly becoming a feature of modern marriages and civil partnerships.
It can be tempting to concentrate on the dress and the party, but marriage is a contract and a contract that confers significant rights on your intended. If a marriage or civil partnership does breakdown, then those without a prenup run the risk of years of protracted litigation over the marital estate. If you have significant assets before you marry, or perhaps you want to ensure existing children are looked after no matter what, then a prenup might be worth considering.
No one wants to think about separating before they are married, but the reality is relationships do break down and pre-nuptial agreements (or prenups) are increasingly becoming a feature of modern marriages and civil partnerships.
It can be tempting to concentrate on the dress and the party, but marriage is a contract and a contract that confers significant rights on your intended. If a marriage or civil partnership does breakdown, then those without a prenup run the risk of years of protracted litigation over the marital estate. If you have significant assets before you marry, or perhaps you want to ensure existing children are looked after no matter what, then a prenup might be worth considering.
INSIGHT|May 31, 2017
Postnups on the Rise
Most people have heard of a prenuptial agreement (prenup), but less have heard of her little brother the postnuptial agreement (postnup).
A postnup is signed after the wedding, and very much like a prenup, sets out the couple’s intentions as to what will happen to their their assets if they separate at a later date.
Like prenups they should be entered into freely, couples should have the benefit of independent legal advice and both parties should have a clear idea of the marital assets before any agreement is signed.
Advice should be taken to check they meet the necessary criteria, but the question is are we losing sight of romance and frankly why the increase in postnups now?
A postnup is signed after the wedding, and very much like a prenup, sets out the couple’s intentions as to what will happen to their their assets if they separate at a later date.
Like prenups they should be entered into freely, couples should have the benefit of independent legal advice and both parties should have a clear idea of the marital assets before any agreement is signed.
Advice should be taken to check they meet the necessary criteria, but the question is are we losing sight of romance and frankly why the increase in postnups now?
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