Covertly Recorded Conversations: Family and Child Cases

Separation and custody battles are extremely distressing. Allegations made between the parents can be easily made yet difficult to refute. Perhaps you have a way to prove otherwise though? Ever been tempted to leave your iPad ‘accidentally’ in a room, recording a conversation? Ever wanted to sew recording devices into children’s clothes to record your […]

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Transgender Judgment: Woman denied access to 5 children

A transgender woman has been refused direct access to her children due to the discriminatory and trans-phobic practice of Ultra-Orthodox Judaism (Charedi).  Despite the resilience of the children and the inherent best interests being served by a child having direct contact with their parent, a High Court Judge has nonetheless supported the birth mother in […]

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Divorce: What happens to your pension?!

A pension feels very personal and the thought of your ex-spouse acquiring a share now and/or in the future can be disturbing. If an agreement cannot be reached between you and your spouse, and there is no pre-nuptial agreement, a sizable pension can lead to a lengthy and protracted court battle. We have experienced a […]

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On Divorce Day: is your business protected?

The first working Monday of the year is dubbed Divorce Day by family lawyers, but if you’re in business with your partner, things can get complicated. A divorce is one of those things you don’t anticipate, plan or want to be party to. It’s tough to go through, especially when children are involved, but throw […]

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The Human Rights Act & Surrogacy

A Single Father’s Journey: The Trilogy The Family Courts have recently had to grapple with the particularly thorny issue of a single man seeking a Parental Order for a child born through surrogacy. Under the Human Fertilisation & Embryology Act 2008 (HFEA), S54(1) and (2), only a couple who are married, civil partners or in […]

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Protecting your assets: Start-up to Divorce

You work hard to start your own company and invest time and effort into making it work, only to have problems either with fellow colleagues or, more personally, at home.  So how do you protect your assets when either starting a business with other people or in the unfortunate breakdown of a marriage? Business Start-up […]

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Divorce & Dissolution:Hide/undervalue your assets?

You meet a man, you fall in love. You decide to commit, you do not wish to be un-romantic and discuss pre-nuptial agreements. You enter into your Civil Partnership or marry. You then wish you hadn’t. It seems what’s yours is his and what’s his is his. Suddenly the pre-nuptial seems like it had some merit… […]

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A “nonsensical” time-bar: broken or bent a little?

In 2014, the President of the Family Division had a case before him where he updated the more literal statutory interpretation of the Parental Order process with a more flexible child focused version.  Although it will remain fact specific, an application not made within 6 months for good reason can therefore still be made after […]

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Co-Parenting: Alternative but Effective

Every family is different; every child’s upbringing unique. However, having more than two adults in a child’s life is not particularly uncommon in a modern family, as couples separate and new partners arrive on the scene. Step-parents have been an accepted form of parenting for a significant period of time. In contrast to step-parents however, […]

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Surrogacy & Employment Rights

Do Intended Parents have the right to receive maternity or paternity leave where a surrogate mother has given birth to a child? As from 5th April 2015, the Children and Families Act grants applicants for Parental Orders in surrogacy arrangements the ability to choose to take shared Parental Leave within the first year after their child’s birth. […]

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Grandparents’ rights

The legal recognition of a Grandparent, within Child Proceedings, has not sadly altered to reflect the change in society. More and more parents are relying on Grandparents for childcare and they have a very active role in the child’s up-bringing. There are also now greater expectations on mothers to return to work relatively swiftly after […]

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Difference between Separation & Divorce?

A divorce legally puts an end to your marriage and enables you to separate and legally divide your assets and finances from your partner’s. In contrast, during a legal separation you draft together a settlement agreement that sets out the rights and responsibilities that will apply to each spouse while they are living apart. During […]

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A Guide to Divorce

How long do you have to be married in order to apply for a divorce? You cannot start a divorce until you have been married for at least 12 months and you will have to show that the marriage has broken down irretrievably and cannot be reconciled through mediation or other means. How do I […]

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Divorce Solicitors

It is a difficult time for all concerned when a relationship breaks down and it is essential that you receive clear and supportive divorce advice in what are usually emotionally difficult circumstances. Our divorce solicitors focus on you and your needs at all times. Our aim is to resolve matters both swiftly and painlessly, where […]

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Used a US Surrogate & returning to the UK?

The law in the UK in relation to Surrogacy Arrangements is complicated and can lack the certainty that most couples wanting to have children seek. Many British couples are therefore attracted to going abroad, where in some countries, a much more liberal approach is taken.  For example, some countries will allow intended parents to be […]

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Removal of Obstructive Executors

When creating a Will, every individual has complete freedom to choose who their executors are. These can be close family members, friends or even the monarch but are usually those people that you trust the most to carry out your wishes and distribute your estate in accordance with the same.  A lot of individuals choose […]

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Recognising Overseas Relationships

Have you ever considered having your civil partnership ceremony on white sands and an ocean backdrop? Heterosexual couples can get married abroad and, permitted it is legal in that country, homosexual couples can get a partnership abroad too.  Does that mean this partnership will be recognised when you return to the UK though? Have you […]

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Why is it important to make a Will?

If you die without making a Will, all your property and finances (your estate) will be distributed by the intestacy rules, meaning that you cannot control who receives your property. For example you will be unable to ensure that your friends or distant relatives benefit. You may also want to protect your children from a […]

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Surrogacy Scandal

Surrogate twin abandoned by intended parents, has the UK law really thought its policies through? Do you leave the surrogate mother to tend to a child she didn’t plan on or force the intended parent to take a child she is unlikely to care for? UK Surrogacy arrangements are not legally binding, as such the […]

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The Human Fertilisation and Embryology Act

This Act is already in force and has had a substantial impact upon the LGBT community for lesbian or gay couples wishing to have children through fertility treatment. What does the Act do? The Act allows a lesbian couple (A and B) who are in a civil partnership at the time of placing the embryo […]

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Surrogacy Law in more detail…

Our surrogacy lawyers provide advice below on the current surrogacy laws: From 6th April 2010 the surrogacy rules were revolutionized regarding the assignment of parental rights and the recording of non-biological parents on a child’s birth certificate. How the law works and how it will effect your specific circumstances is explored below, but if we […]

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Same-sex relationship: Acquiring parental rights

There are many ways for same sex couples to have children and fulfill their dreams of having a family.  The parenthood and fertilisation laws are developing to keep pace with each other, but it is important to seek legal advice on matters where you are unsure. Same Sex Female Couples A same sex female couple […]

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Do I need a Pre-Nuptial or Pre-CP Agreement?

The Civil Partnership Act 2004 and Marriage (Same Sex Couples) Act 2015 updated the law to provide equality to couples in a same sex relationship.  However, while the same legal rights and protection have been afford to same sex couples, similarly the English courts have confirmed that their assets should also be divided using exactly the […]

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IVF: Your Employment Rights

What is the entitlement to leave in relation to the treatment? At a minimum the treatment cycle lasts six months and although there is no statutory right, as an employee, to paid leave you will be entitled to unpaid leave for regular medical appointments during the treatment period. If you are refused this, then you could […]

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Surrogacy: Becoming recognised parents

Having a child is both an exciting and daunting prospect for any parent, but choosing to have a surrogacy arrangement can be even more daunting due to the complex issues involved. Surrogacy arrangements are intricate and involve a number of different people all with different and sometimes conflicting roles.  Understanding the laws, risks, stages and […]

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Civil Partnership Act 2004

The Civil Partnership Act 2004 has changed the law to allow couples who were in a same sex relationship to formally register their relationship. The Act conveys to civil partners basically the same rights and responsibilities as married couples enjoy, providing protection upon death or separation. Pre-Civil Partnership Agreements For further financial security you may […]

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Abduction

If a child is not returned to the parent with whom he lives at the agreed date and time and it is suspected that the other person is not intending to return the child then it is important that you seek legal advice as soon as possible. If there is already a Residence Order (which […]

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