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Family Law News

Views and analysis from our Family Law team on all the latest legal news, issues and developments.

What is paternity fraud, and is it a crime?

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If a man is led to believe by a woman that he is the father of her child when he is not, and the woman knows that he is not, this is paternity fraud. In limited circumstances, he may be able to bring a claim for damages if he has paid money to maintain the...

How much child maintenance should I pay in the UK?

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Getting divorced or separated is never easy. There are plenty of legalities to arrange during this emotionally testing time. If you and your ex-partner have children, one of the key issues you’ll need to agree on is child maintenance, ensuring that...

Is Surrogacy Legal in the UK?

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Surrogacy is a popular option for single men or women and same sex partners who want to have a child. As part of the arrangement, a woman (the surrogate) gives birth to a child for an individual or couple (the intended parents). The process helps people to...

Can You Co-parent with a Narcissist?

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A narcissist is an individual who excessively admires themselves, craves attention and believes they are the most important person in the world. Attempting to co-parent with someone like this, who puts themselves before everyone else and wants to control...

Can a divorce cause PTSD?

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Going through a divorce can a very stressful experience, both for the couple themselves, and for the rest of their family. Bringing a long-term relationship to an end is always likely to be difficult, even where the separation itself is reasonably amicable. ...

Can Menopause Cause Relationship Breakdown?

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Millions of women across the UK experience symptoms of the menopause every day, but unfortunately we still don’t fully understand all of the physical, emotional and mental effects it may have. There does however, seem to be a correlation between...

Who Gets the Pets in a Divorce?

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For many, the question of who gains custody of the family pet during a divorce can be a major concern. People form strong bonds with their animal companions and deciding who is the best candidate to care for them during a divorce is a difficult and...

Is My Ex Partner a Narcissist?

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Divorce and separation can often be very difficult and, in some cases, can be particularly distressing. This is especially the case where your ex-partner proves to be very difficult to deal with both during and after proceedings. Some of the common issues...

10 Common Misconceptions About Adultery and Divorce

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Discovering your spouse has committed adultery can be devastating to your marriage. Whether the relationship was already struggling or it has come completely out of the blue, it is normal to feel betrayed and like you can no longer continue with the...

Surrogacy Solicitors - Legal advice after your child is born

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Having a child through surrogacy is an exciting and joyful time. But it can also be worrying, relying heavily on trust between you and the surrogate. During this time it can be comforting to have advice about your legal rights as well as some emotional...

Sperm Donation - How Does It Work?

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More and more people, whether they are in a hetero-sexual relationship, same-sex relationship or are single, are using sperm donation to conceive. Intended parents can do this using sperm of an unknown person via a licensed clinic or via a person known to...

Good Divorce Week 2020 - How We Can Help You Have a Good Divorce

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30 November 2020 marks the start of Resolution’s annual Good Divorce Week. Every year, the family law organisation, Resolution, runs a campaign to raise awareness about an issue close to the hearts of its members. This year, the focus is on the ...

Interim Maintenance - What is it?

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Going through a divorce or civil partnership dissolution is stressful for everyone involved. There are so many threads to untangle with your former partner, from deciding on future living arrangements to sorting out childcare and deciding how to split your...

Can an Adult Be Legally Adopted in the UK?

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Adult adoption is legal in many countries, including the USA, Canada, Japan and Germany, however, the UK is not one of them. Only a child under the age of 18 can be legally adopted in the UK and, unfortunately, many do not realise until it is too late. But...

Form E - What is it and how do I complete it?

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If you need the court to assist with financial matters on divorce or dissolution, you and your former partner will have to complete a document called Form E. Your family lawyer may also ask you to (and help you) complete Form E if you want to resolve...

Do sperm donors have parental responsibility in the UK?

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Thanks to scientific advances, there are a number of options available to individuals and couples who are unable, or find it difficult, to have children. One such option is donor insemination, otherwise referred to as sperm donation. This where an egg is...

How does surrogacy work in the UK?

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Surrogacy is an increasingly common option for couples and individuals who wish to start a family but are unable to conceive themselves. In fact, according to the Law Commission , the number of children born through surrogacy could be up to 10 times higher...

What happens if my ex-partner stops paying child maintenance?

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Raising a child by yourself is a difficult and emotionally taxing task, but your situation can become even more complicated if you stop receiving child maintenance payments from your ex-partner. Missed payments can be detrimental for both you and your...

How does parental responsibility work in civil partnership dissolution?

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The breakdown of a relationship is an emotional and stressful time which can be made even more difficult if you are considering what arrangements need to be made for your children in the future. Having parental responsibility means you have rights and...

Do I have to share my pension during divorce?

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If you are going through a divorce, there are plenty of financial arrangements that need to be made. As your pension is likely to be one of your highest value assets, it is important to understand how it could potentially be divided between yourself and your...

Can my ex move abroad or to a different part of the country with my children after divorce?

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Relocation after divorce or separation is a common cause of dispute between parents, particularly if one parent wishes to move abroad with the children from that relationship. There may be legitimate reasons for the move, for example they have a new partner...

Can I change a Consent Order?

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A Consent Order lays out the financial arrangements between a divorcing couple, usually after the Decree Nisi has been issued, and makes them legally binding. Divorcing couples are encouraged to try to amicably come to an agreement between themselves or...

What are my rights as a father following a separation or divorce?

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Separating from your partner is a stressful time and the feeling of uncertainty of what happens next can be overwhelming, particularly if you have children and you’re worried about being able to see them. There is a misconception that the law always...

When can you get an annulment?

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An annulment is a way of ending a marriage, similar to a divorce. However, unlike a divorce where you must wait up to one year before you can apply, you can apply for an annulment at any time after the wedding. It is important to note that if you apply for...

What can be included in a financial agreement?

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When a couple gets divorced, they may make a financial agreement to set out how assets such as money and property should be divided. If both parties agree, it is normally possible to avoid court, however, if an agreement can’t be made, then the couple...

Can I get a divorce in the UK if I now live overseas?

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Divorce laws differ greatly around the world, so if you or your spouse want to petition for divorce while living abroad, it’s essential to seek advice as soon as possible from a solicitor. Getting a divorce in the UK when you or your spouse lives...

No-fault divorce to become law in the UK

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The Justice Secretary, David Gauke, announced on the 8 th February that no-fault divorces will be introduced into law. This follows on from a consultation that was launched at the end of last year to propose changes to the law, amid calls from campaigners...

Who has the parental rights to a child when not married?

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Parental Responsibility is defined by the Children Act 1989 as ‘all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property’. This can include things such as where...

What is a cohabitation agreement?

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A cohabitation agreement is a legal document between unmarried couples who are living together or about to move in together. It outlines what will happen to things like the finances, the property, and children should you decide to separate. It’s...

What is a special guardianship order?

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A special guardianship order is a legal order appointing one or more individuals to be a child’s ‘special guardian’ until they turn 18. As determined in The Children Act 1989, a special guardian will take on parental responsibility for a...

Everything you need to know about the adoption process

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Deciding to adopt a child is a momentous moment in a person’s life, and although the process can sometimes be slow and complex, becoming an adoptive parent can be very rewarding. Knowing what to expect from the adoption process can make it seem less...

How do post-nuptial agreements work?

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Many people are familiar with the concept of a pre-nuptial agreement, or ‘pre-nup’, that allows you to protect yourself in the event of divorce. However, fewer people are aware that you can also create a similar agreement after you are married...

Is it time for no fault divorce in England and Wales?

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Tini Owens first hit the headlines last year, when the Court of Appeal ruled that she could not divorce her husband of 40 years as there was insufficient evidence of unreasonable behaviour on the part of her husband, who was defending the divorce. In...

What are the grounds for annulment of a marriage?

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Having your marriage annulled means showing that the marriage was never legally valid in the first place and thus having it declared void. This means that, legally, it will be as if your marriage never took place leaving you free to marry again. There are...

Sperm donation, egg donation and surrogacy: understanding the legal implications

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For LGBT+ individuals and couples deciding to have children, sperm donation, egg donation and surrogacy are increasingly popular options. While these methods can be an effective and emotionally satisfying way to create a family, there are certain legal...

Who has parental responsibility for a child?

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Parental responsibility gives a parent the right to make key decisions about a child’s upbringing, while also giving them a duty to provide for the child’s welfare and making them legally responsible for the child. In most cases, a child’s...

The Benefits of Mediation

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Mediation is an alternative dispute resolution process that can be used for both personal and business matters. It offers a way for two or more parties in dispute to agree a mutually satisfactory solution that allows everyone to move on. Mediation provides a...