When a child’s parents no longer live together they may need help deciding with whom the child will live or when they will spend time with each parent. If the parents cannot agree they may make an application to the Court. The Judge has to follow the law when making decisions about children, known as…

Domestic Abuse Protection Orders (DAPOs) were introduced under Part 3 of the Domestic Abuse Act 2021 and are the first order in England and Wales that can be made available across family, civil and criminal Courts. The order takes the strongest elements from the current jurisdictions and serves it up as a powerful tool, where…

In England and Wales, grandparents do not automatically have the right to see their grandchildren. If you are a parent whose name is on your child’s birth certificate you automatically have parental responsibility for your child and an automatic right to apply to the Court for any issues relating to your child. This means that…

We, at RJT solicitors appreciate how difficult it is if you or your partner reach the conclusion that the marriage is over. We conduct ourselves in a sensitive and professional manner in guiding you through the process. Some matters to consider are:- Parties need to be married for at least 12 months before starting the…

With the school summer holidays fast approaching many families are considering booking a trip abroad. However, there is much to think about in addition to simply the actual booking of the holiday. Establishing who has parental responsibility is key where parents have separated. Parental responsibility means all the rights, duties, powers, responsibilities and authority which…

Whilst pre-nuptial agreements, often referred to as a ‘prenup’, are popular amongst celebrities,  they are not just designed for the rich and famous and are considered a good idea by more and more of the UK population. What is a prenuptial agreement? A prenuptial agreement is a written contract entered into by a couple before…

“ I have not made a Will, I really must get round to doing that …….” Making a Will is a sensible thing to do even if you believe you do not have anything of value to leave. If you are a homeowner, have small children, are part of a blended family, or are unmarried…

CAFCASS stands for Children and Family Court Advisory and Support Service, which is a non- departmental public body in England. It is an organisation that represents the interests of children and young people in the Family Court in England. Cafcass is independent of the Courts and Social Services but works under the rules of the…

The prospect of divorcing can itself be emotionally difficult but often the financial aspects of the end of a marriage can be even more difficult to navigate. Below we offer some top tips to consider in an effort to make the financial side of things easier and clearer to manage:- Know your own income It…

A common law husband or wife is a myth.  If you and your partner are not married or in a civil partnership you might be surprised to learn that you have very little, if any, legal protection if your relationship breaks down.  It does not matter how long you may have lived together or whether…

After a very wet March, lots of people are now looking to book their summer holidays and we thought it might therefore be useful to provide answers to some questions we often receive from parents following divorce/relationship breakdown in terms of what they can and cannot do. Do I need permission from my ex-partner to…

If you are involved in an application to the Court in respect of your children, you may be faced with the Court listing the matter for what is known as a Fact Finding Hearing.  This is a type of Court Hearing in which evidence surrounding allegations is considered and the Court decides whether or not…

Martin Lewis, the money saving expert has recently reiterated the importance of making a Lasting Power of Attorney (LPA) and we thought it would be helpful to recap how a Power of Attorney works and why it is important. It is important to distinguish between making a Will which deals with your money and assets…

Planning Together for Children is a resource for parents and carers involved in private law family court proceedings to help them focus on putting children first when making arrangements to share parenting responsibilities. Planning Together for Children replaced the Separated Parents Information Programme (SPIP) on 3rd April 2023.  It is a new course and set…

Pension sharing orders divide rights under a pension scheme so that each spouse has their own independent rights under that scheme or under two separate schemes. The pension has to be capable of sharing and the rights themselves must be of a shareable kind. The vast majority of pensions are shareable. The only significant exceptions…

On 6th April 2022 the Divorce, Dissolution and Separation Act 2022 came into force changing the process of divorce as we had known it for the previous 50 years.  We are now some 15 months after the introduction of the new law and in the main, the new procedure has been an improvement.  It is…

It is one of those matters people often put off dealing with, but it is sensible to make a Will so that the people you wish to benefit from the assets you have at the time of your death, actually  do. The Rules of Intestacy determine the distribution of a person’s estate where they die…

We thought it might be of interest to shed some light on some common myths regarding Family Law:- Is there such a thing as a Common Law Husband/Wife? No, there is no such thing as a common law husband or wife.  Unless you are married the law does not protect you if you simply live…

LEGAL AGE OF MARRIAGE IN ENGLAND AND WALES RISES TO 18 Vulnerable children across England and Wales will be better protected from the damaging impact of forced marriage as the legal age of marriage rises to 18 in England and Wales.  The Marriage and Civil Partnership (Minimum Age) Act 2022 came into force on  27th…

Special Guardianship Orders (SGO) There are some occasions when it is necessary for a person, other than a parent, to obtain parental responsibility for a child in their care. In these circumstances, anyone over 18 may apply to the Court for a Special Guardianship Order for a child they are looking after. Such an order…

What is Family Mediation? When relationships end emotions can run high and talking face to face can seem like the hardest thing to do. Sometimes you need help to get the talking started and focus on what really matters to you and your family.  That’s where mediation can come in. The idea behind family mediation…

To vaccinate or not to vaccinate? The new question for schoolchildren. At a time when school children are supposed to be asking questions about homework or extracurricular activities, the announcement that the Pfizer Covid-19 vaccine is safe for use in children 12 – 15 years old, and that they can choose to receive it irrespective…

Married at first sight UK has become a reality TV sensation with viewers across the UK tuning in to watch couples tie the knot with complete strangers for a daring television experiment. As this series draws to a conclusion we consider the real life question of what can you do if you realise shortly after…

The court can make the following orders under section 8 of the Children Act 1989:- a child arrangements order; prohibited steps order and a specific issue order. A child arrangements order is an order specifying with whom a child shall live and when the child spends time with another. A prohibited steps order prevents a…

Maintenance pending suit (MPS) is financial support paid by one spouse to the other after divorce proceedings start until the divorce is finalised and a final adjustment of finances is made between the parties. Similar provisions apply to those in civil partnerships. Reasons for applying for maintenance pending suit Genuine need is the most common…

If you get divorced or dissolve a civil partnership, your pension assets should be taken into account as part of any financial settlement. Pensions should not be ignored as they are often the most significant asset after a house. The courts are able deal with pension arrangements in one of 3 ways:- Pension Sharing order:-…

The Law Commission has launched a consultation on provisional proposals to reform the law governing how and where couples can get married. The consultation period will run until 3 December 2020. The provisional proposals for reform are: • to allow weddings to take place outdoors, for example on beaches, in parks, in private gardens and…

An infant approval hearing is sometimes referred to as a Damages Approval Hearing and takes place after settlement has been reached in respect of a child’s damages (compensation) following a personal injury claim. Unlike in an adult’s personal injury compensation claim, it is not enough for the Claimant to simply accept a settlement amount and…

Court Protection from domestic violence; – Non-molestation orders and occupation orders. There have been many recent reports in the press about the increase in domestic violence that has occurred as a result of the pandemic. If you are a victim of domestic violence you can apply to the court for an “injunction” to protect you…

The Remarriage Trap The Matrimonial Causes Act 1973 sets out the rights of a spouse to seek a share of the matrimonial assets and maintenance. Buried deep within this legislation is the ‘remarriage trap’. Put simply, if you divorce and then remarry without first having made a claim for a financial order in the divorce…

APPLYING FOR A GRANT OF PROBATE When a loved one dies, it can be difficult to know what to do in respect of dealing with the deceased’s property, money and possessions. If the deceased left a valid Will the Executor named in the Will can apply for a ‘Grant of Probate’; if there was no…

Void and voidable marriages When are nullity decrees (annulments) important? When a party may not wish to divorce due to religious reasons; Where divorce is not possible as the marriage was void. However, a party may wish to have a decree of nullity if they wish to claim some financial relief from the other party…

What is a pre-nup and is it enforceable? When marriages end, a major source of stress for many couples is not knowing at the outset what the financial outcome of their divorce will be.  As many people are tending to marry later or get married for the second time, they enter into a marriage with…

  Many people considering a divorce do not appreciate that there is no automatic protection against future financial claims against them from their ex-husband or wife. We, at RJT Solicitors always advise clients to consider their financial positions carefully. Even if they do not believe that they have anything of financial significance it is still…

New transparency rules As from 6th December 2018, firms offering certain legal services will be required to publish price and service information on their websites. The rules apply to conveyancing (buying and selling residential properties) , uncontested probate for assets in the UK, motoring offences (summary offences), immigration (excluding asylum), employment tribunals (unfair or wrongful…

Can my partner claim my inherited asset if we divorce?   This question often causes concern for clients contemplating ending their marriage. In general, all of the assets arising from the marriage are pooled together for the Court to consider how they should be divided between the parties upon divorce. In each case, the  Court…

The current fee to issue divorce proceedings at court in England and Wales is £550. We are often asked if there is any help available towards this cost. The simple answer is yes, but only in certain circumstances. Help with fees is known as “fee remission” and an application can be made to the Court…

What is Parental Responsibility and how can you get it? As a grandparent you do not have Parental Responsibility (PR) for your grandchild. PR means ‘all the rights, duties, powers, responsibilities and the authority which, by law,  a parent has in relation to the child and his property.’ The child’s mother and most fathers would…

CAN I CHANGE MY CHILD’S SURNAME?   A parent is able to change a child’s surname by a change of name deed providing all those with Parental Responsibility consent to the name change. A change of name deed is a legal document which commits a person to the action set out in the document. By…

What being an Executor of a Will involves Do you know what it means to be the Executor of a Will? Many of us are named as an Executor by a family member or a close friend, but what are your responsibilities? What does an Executor do? The person named in a Will as an…

A Separation Agreement is a document drawn up when you want to stop living together as a couple, setting out the arrangements you wish to make regarding finances, property and /or any children. Some couples may not be legally able to get divorced if they have not been married the required 12 months or, alternatively,…

Unmarried couples do not have the same rights as those couples who are married. Therefore their rights in relation to the property they share are guided by general principles of property law. When considering whether, for example, a former partner has an interest in a property bought in the sole name of the other partner…

Losing a loved one can be a particularly difficult time for those left behind. Knowing the practical steps to take can help ease the burden. Registering the death is usually undertaken by a member of the deceased’s immediate family. A medical certificate stating the cause of death will be issued by either the doctor looking…

A Lasting Power of Attorney (LPA) is a legal document that lets you (the ‘donor’) choose trusted people (‘attorneys’) to make financial decisions or health and care decisions on your behalf. LPAs were introduced by the Mental Capacity Act (MCA)2005 and replaced the old Enduring Powers of Attorney (EPAs) from 1 October 2007. An LPA…

What is a child arrangement order? This is an order which is usually made in court disputes between parents (called ‘private law disputes’.) If parents split up and cannot agree how to sort out living and contact arrangements for their children, then they can apply to the court for a Child Arrangements Order. Such an…