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Why do you need a cohabitation agreement?

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If you live with your partner, or considering moving in together, you may have thought about a cohabitation agreement. But do you actually need one? There is, of course, no legal requirement to have a cohabitation agreement to live with a partner, but it can...

Supporting rocky relationships through the hard times

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The family-focus of Christmas is often followed in January with news of unhappy couples calling it a day, leading to so-called Divorce Day , as family lawyers receive a surge of enquiries when they re-open after the break. Generally, divorce...

Child contact arrangements at Christmas

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Agreeing shared contact for children can be difficult for divorced or separated parents. Here we break down your options to help this Christmas. When any relationship breaks down, it can be difficult for parties to agree on the best way forward to separate,...

Cohabitation: What are the rules?

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Cohabitation has become increasingly common, with more and more couples choosing to live together without getting married or entering into a civil partnership. However, it is important to note that cohabiting couples do not have the same legal rights and...

What happens when a parent breaches a Court Order?

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When a court issues an order, it is legally binding and must be followed by all parties involved. Unfortunately, there are instances where one parent may disregard or breach a court order, causing frustration and potential harm to the child and the other...

Child with a different surname - Can I take them abroad?

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When it comes to travelling abroad with a child, parents often have questions about the legal implications, especially if the child has a different surname. In England and Wales, parental rights and responsibilities are primarily governed by the Children Act...

Divorcing your business partner - what you need to know

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Getting divorced is never easy, and not something people plan for long into the future. Similarly, when spouses go into business together, they rarely consider making a commercial agreement. As a result, divorce can be even more challenging where you and...

Should children be involved in the mediation process?

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Going through divorce or separation is challenging, particularly if you have children. If your children are old enough, they may also express worry, concern, or preferences about what they would like to happen. However, should your children become formally...

National Pet Month - Have you got a pet nup in place?

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National Pet Month runs from April 1 - May 1 2023, and aims to promote responsible pet ownership. As a nation, we love our pets, and with more than half of households in the UK owning at least one pet, pets are a huge part of our lives for many of...

Do I need a prenuptial agreement?

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The benefits of having a prenuptial agreement: why every couple should consider one. While a ‘prenup’ can be difficult to discuss with your partner, and may seem unromantic to factor into your wedding planning list, it's important to...

Family mediation or Court?

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Exploring the benefits of mediation as an alternative to court Mediation can be an alternative way to resolve legal disputes and has many advantages over going to court, including being faster, cheaper, and allowing the parties to...

Asset transfer proposals to benefit separating couples.

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Changes in the treatment of asset transfer on divorce could ease capital gains tax issues for parting couples. For many couples, when the chips are down and divorce is the only card left to play, tax planning is unlikely to be top of the priority...

New Divorce Process - Update

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The new divorce process which has been long awaited in the legal world, came into force on the 6 th April 2022. According to new figures, Divorce applications have surged by as much as 50% since then. What changes have been made to divorce law? ...

Life after divorce - A legal guide

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With today's change in Divorce Law, the first time in 50 years, we wanted to look at things you may need to consider after divorce proceedings have concluded. If you have recently divorced, you may be wondering what happens next. Going through the...

No Fault Divorce is here!

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It’s here! - The long-awaited Divorce, Dissolution and Separation Act 2020 will come into force on 6 th April 2022. It has been confirmed that after decades of campaigning for divorce reforms, England and Wales will finally see the end of what...

Working it out when things go wrong

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The ongoing pandemic has placed many pressures on our personal lives, with one in five relationships struggling to survive according to research by University College London. It’s a further regrettable statistic from the past two years, but if...

Top 10 tips for parenting through separation

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Sometimes navigating the muddy waters of divorce can be a frustrating and drawn out process. We are not just talking about settlements and the financials, it’s the children involved that most of our anxiety may surround. How do we ensure their lives...

Mistakes to avoid when negotiating a separation agreement

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If you have decided to separate from your partner, there are certain practicalities that you will need to work out together. Even if you are unsure if you will divorce or dissolve your civil partnership, in the interim, you will need certainty about matters...

Parenting Guide offered to separating families in Kent

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Martin Tolhurst Solicitors joins with thousands of family professionals to launch the Parenting Through Separation Guide during Good Divorce Week, an annual initiative by the family justice organisation Resolution to raise awareness of how families can...

No-fault divorce - leaving the blame game behind

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The Government has confirmed that the long-awaited Divorce, Dissolution and Separation Bill 2020, which introduces 'no-fault' divorces in England and Wales, will be delayed and won't be implemented this autumn. The Government is now working on a...

Preparing for Christmas with your children after you separate

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At this time of year, we often are contacted by separated or co-parenting families with questions around Christmas contact arrangements . Generally speaking, separated parents agree Christmas Eve, Christmas Day and Boxing Day are “ring fenced”...

Do grandparents have a right to contact with their grandchildren?

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When a couple makes the decision to separate, the breakdown of the relationship can have far-reaching consequences. Unfortunately, grandparents of any children of the relationship can suffer and even be prevented from seeing their grandchildren as often as...

What happens if a parent doesn't pay child maintenance

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Parents have a legal responsibility to provide financially for their children even if they no longer live with them. What happens if a parent doesn’t pay? Under a child maintenance arrangement, child maintenance is usually paid by the parent...

Covid-19 vaccine: What if my partner objects to our child being vaccinated?

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With the COVID-19 vaccine being quickly rolled out across the UK, there are concerns among some about the long-term impact and side effects of the vaccine. As a result, some are reluctant to get the vaccine themselves or let their children be vaccinated. The...

Marriage breakdowns could head for their own lockdown

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The easing of lockdown may have been the catalyst for the announcement by billionaire Bill Gates and his wife that they were heading for divorce and separate lives, with data from Google showing a surge in searches for divorce guidance as restrictions were...

Budget 2021: Sunak empties his purse for a pandemic-beating budget

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The impact of the coronavirus pandemic on the UK’s economic agenda dominated the Chancellor’s 2021 Budget Statement, with support for business and jobs receiving top-line billing. Coronavirus lockdown keeps chancellor’s attention on...

What happens to joint property when cohabitation ends?

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Separation is never easy, but if you and your former partner own property together, the situation can be even more complicated. If you have been living with a partner, but you are not married, the legal term is ‘cohabitation’. When cohabitees...

Am I entitled to a divorce?

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If you have decided to end your marriage by applying for a divorce you may be surprised to learn that there are certain criteria you need to satisfy before your application will be accepted. You may also be surprised to know that, unless you have been...

Christmas, Coronavirus and Separation: do I have a right to see my children?

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For many parents, the issue of spending time with children at Christmas can be tense. Both parents want to spend Christmas day with their loved ones and their children, but this becomes complicated when they do not live in the same town or city or if they...

The Pandemic's Impact on Marriage and Relationships

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There are concerns that the latest spike in coronavirus transmissions may see more relationships taking a hit, after a surge in divorce enquiries following the nationwide lockdown. Back to school traditionally sees a peak in petitions for divorce, but...

What rights do absent parents have?

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There are those that say once a parent has removed themselves from the family unit, and they give up all rights and influence on how the children are then raised. This, however, is dependable upon whether the parents have acquired Parental Responsibility...

Remote family court hearings - how do they work?

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The introduction of social distancing in response to the coronavirus outbreak has caused disruption to many vital services – including in the justice system. Many services that would typically have taken place face-to-face have been adapted to meet the...

The Coronavirus Pandemic and Domestic Abuse

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The coronavirus pandemic has disrupted all of our lives. The Government’s restrictions on movement requiring us to stay at home is crucial to stopping the spread of this disease. However, these restrictions bring new challenges for those living through...

Coronavirus and the impact on contact with your child

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We find ourselves in what can only be described as unprecedented and challenging times. This is having an impact on all aspects of our lives in ways we could have never imagined. For separated parents, there is the added worry about how contact with the...

What to expect during mediation

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If you are attending mediation to resolve disagreements about some decisions relating to relationship breakdown, separation or divorce, you might be wondering what this involves. What to expect during mediation following separation A mediator is...

Keep calm for a happy family Christmas

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Talking and teamwork to tackle Christmas break-ups Divorce rates have fallen to their lowest level since the 1970s but marriage breakdowns continue to spike after the festive season, and professionals are encouraging couples with rocky...

Which is better, civil partnership or cohabit?

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Not everyone wants to get married in a church or registry office. For many cohabiting couples, a civil partnership is far more attractive – it moves away from the concept of women being the ‘property’ of their husbands, and is often far...

When the end of summer spells the end of marriage

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September is traditionally a time of new beginnings, with children off to school or University and parents back to work, but for many couples, the end of summer can spell the end of marriage. Lawyers often talk about ‘divorce day’ in January and...

New divorce laws aimed to reduce family conflict

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The Justice Secretary, David Gauke, has today announced new legislation to overhaul divorce law and reduce family conflict. Divorcing couples will no longer have to blame each other for the breakdown of their marriage. The announcement follows a public...

Who chooses whether your kids get vaccinated?

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For decades, vaccinations have been regarded as the most important form of defence against childhood illnesses like measles, mumps and rubella. And for decades, parents happily vaccinated their kids to protect them (and others) without question. Then,...

Relocation of Children after separation

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These days more and more people are spending time abroad, whether they are overseas on business, trying to build a new life in a different country, or just taking a long trip. There are plenty of reasons a parent might want to take their children abroad for...

Tini Owens loses Supreme Court divorce fight! Do we need to reform outdated divorce laws?

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Are divorce laws in crisis? On 25 July 2018, the Supreme Court rules that 68-year-old Tini Owens must stay in a “loveless” marriage. Resolution, an association of specialist family lawyers believe there is a...

5 steps to make child arrangements less painful, especially for the kids!

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Relationship breakdown can be difficult and highly emotional experience. However it can be ten times worse if there are children involved. Every situation will be different and depend on the unique circumstances of the family unit. Whatever happens, it is...

What are your rights as a step-parent?

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If you are a recently divorced step-parent and are wondering what rights you have with regard to seeing your step-children, there are a number of things you need to know. Here, we take a look at what happens after a divorce, what measures a step-parent can...

Divorce goes virtual!

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A new online service should cut the stress of applying for a divorce according to the Ministry of Justice, but family law professionals say it’s likely to benefit only those with simple finances who are pursuing the DIY route. The...

Christmas and Separated Parents: Putting your children first.

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Christmas is traditionally a time for families to come together. However for separated or divorced parents, the festive period can be a challenging time. The prospect of spending Christmas day without your children can stir emotions and cause considerable...

Short Marriages - a move away from sharing?

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Very rarely do the outcome of cases result in a change of how courts will deal with the financial outcome of divorcing couples. The recent Court of Appeal ruling in the case of Julie and Robin Sharp may well have just done that. Mrs Sharp earlier this...

The Dangers of DIY Divorce

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In a bid to make the divorce and dissolution of civil partnerships process easier for separating couples to understand, the government is introducing a new set of forms to apply for divorce or dissolution with effect from 7 August this year. It is possible...

The Wedding Season has arrived - a few things to think about...

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Spring is here, our gardens are beginning to fill with colour, our evenings are brighter and the English wedding season is around the corner. The website www.hitched.co.uk suggests that each year UK weddings are worth £10billion, with each wedding...

Wife's escape from 'loveless marriage' hinges on Court Decision

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The divorce case of Tini Owens was heard in the Court of Appeal at the Royal Courts of Justice on Valentines Day 2017. Last year Mrs Owens failed to persuade Judge Robin Tolson to allow her to get divorced. Mrs Owens has petitioned for a divorce...

Matrimonial Solicitors welcome Budget Help on Domestic Abuse

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In his first Budget as Chancellor, Phillip Hammond announced the Governments’ commitment to “support organisations working to combat domestic violence and abuse, and to support victims”. In his budget speech he said “I’m...