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A Legal 'To Do' list for marriage or partnership

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When most people think about a marriage or civil partnership it’s to make a commitment to spend a lifetime together and celebrate the joyous occasion with friends and family. However, there are legal elements of a marriage or partnership you will need...

The law and taking children out of school for holidays in term time

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Every child in the UK must get an education. This starts from the school term after their fifth birthday and lasts until the last Friday in June of the school year in which they reach the age of sixteen. Education is compulsory in the UK and children can...

The highs and lows of blame-free digital divorce

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Divorce applications rose by 20 per cent in the year following the introduction of no-fault divorce, according to figures from the Ministry for Justice. But while the headline process may be easier, couples going through the legal stage of break-up are...

Martin Tolhurst Welcomes Two New Partners!

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Martin Tolhurst is delighted to announce the well-deserved promotions of Tom Bexhell and Hannah Stanford to partner. Both Tom and Hannah have distinguished themselves through their dedication and exceptional skills, solidifying their positions as valuable...

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...

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...

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...

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...

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...

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...

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...

Meet Hannah, our newly qualified solicitor!

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Congratulations to Hannah who has recently qualified as a Solicitor within our Dispute Resolution team! Hannah joined the firm in August 2013 working as an administrator during her holidays from University before successfully securing a...