It might seem logical that the parents of a child should have parental responsibility, but that is not always the case. As you would expect, the child’s birth mother has parental responsibility. However, parental responsibility might be removed from...
The festive season, often portrayed as a time of joy and togetherness, can be fraught with stress for many couples. Financial pressures, heightened expectations, and the intensity of prolonged family interactions can place already fragile relationships under...
When I was asked to write an article, I thought of the questions that I commonly get asked. This was one of them: Will I get the money I/my family put in at the point of purchase back? For the purposes of this article, I will be focusing on the law...
With divorce applications now being completed online, the quick and easy process has led some to forget about a fundamental aspect of separation; division of the assets of the marriage. Legal steps needs to be taken even if you have reached an agreement on...
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...
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...
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...
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...
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...
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 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...
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...
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...
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...
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 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...
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...
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...
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...
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? ...
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...
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...
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...
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...
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...
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...
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...
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”...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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 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...
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...
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...
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...
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...
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...
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...
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,...
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...
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...
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...
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...
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 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...
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...
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...
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...
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...
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...