Single Parents can now Obtain Parental Orders in UK

Domestic violence is a serious and devastating issue which can affect individuals across a spectrum of backgrounds and ages. Statistics show that there are around 2.3 million victims of domestic abuse a year aged 16 to 74. Furthermore, more than one in ten of all offences recorded by the police are domestic abuse related. It is important to remember if you experience abuse or violence that it is not your fault and you do not have to deal with the issue alone. The crime of domestic abuse is taken very seriously and there are organisations that can support you in finding safety. This article will set out some of the signs of abuse and the legal safeguards available to you if you are a victim of violence in your relationship.

When a couple is in a troubled relationship, they may not be ready or able to make a permanent decision as to what is next for them. Choosing to separate rather than divorce may be a better option for some couples, particularly where there is a chance of reconciliation or where divorce is not an option due to financial, cultural or other reasons. While both divorce and separation signify the dissolution of a relationship, they each have distinctive legal implications and outcomes. Understanding these differences is crucial for individuals who want to make an informed decision about what is the best course of action for them. This article will compare and contrast the divorce process and marriage separation within the legal framework of England and Wales, and provide assistance to individuals determining which path to take.

At Allard Bailey, we understand that family conflicts or separations can be challenging and emotional times, especially when children are involved. That is why we have created this guide to provide valuable insights into the process of applying for a Child Arrangements Order in a clear and comprehensible manner.

As a fundamental legal instrument in Family Law, the Child Arrangements Order details visitation schedules and custody arrangements, prioritising the child's welfare in situations where parental or guardian agreement is lacking. By understanding this process, parents and guardians can make informed decisions that facilitate the amicable resolution of familial conflicts.

In the following sections, we will delve into the details of the process, including the role of the court, and provide expert guidance to navigate the procedure smoothly.

Divorce is a difficult and emotionally draining process but it can be made even more difficult if one of the parties refuses to cooperate or accept the divorce. This article will explore the grounds for divorce and what can be done if a spouse refuses to accept the divorce or ignores proceedings altogether.

Eligibility for divorce

You can get divorced in England or Wales if:

• you have been married for over a year;
• your relationship has permanently broken down; and
• your marriage is legally recognised in the UK. 

Surrogacy is an increasingly popular option for single men and women or same-sex partners looking to start a family. It can also be an option for heterosexual couples who are not able to have children by other means. Surrogacy law is relatively underdeveloped so the process can be difficult to navigate. This article will look at the legal status of surrogacy in England and Wales and factors to be considered before taking this life-changing step.

What is surrogacy?

Surrogacy is when a woman carries and births a baby for a person or couple who may be unable to conceive or carry a child themselves. The woman carrying the child is known as the surrogate and the couple or individual who will become the child’s parent are often referred to as the Intended Parent(s) (IP(s)).

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.

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.

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.

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.