News & Blogs
Christmas is a time of year that can invite a whole range of emotions. In most families expectations run high in adults and children alike, with the pressure on to provide well thought through gifts, sumptuous food, unrestricted hospitality and to wear that...
This is the French version. If you would like the English version you can view it here . En France, lorsqu'un couple se sépare ou divorce, les deux parents continuent d'avoir des droits et des obligations envers leurs enfants, connus sous le...
In France, when a couple separates or goes through a divorce, both parents continue to have rights and obligations towards their children, known as “autorité parentale” or “parental authority”. This means that both parents have...
The situation in Syria has undergone a significant and sudden change. The regime of President Bashar al-Assad has collapsed. The situation regarding returning to Syria is complex and fraught with uncertainties, even after the fall of the Assad regime. If you...
Child abduction from the UK to countries of conflict has been a growing concern over the past years. This has become a greater concern following the political challenges in Syria, and the overthrow of the government. Many now view Syria as a free country,...
This is the Japanese version. If you would like the English version you can view it here . ...
It is well known that Japan remains one of the only countries in the world to have maintained exclusive child custody. This means that when a couple in Japan separates, only one parent is granted sole custody of the child/ren. Sole custody is usually granted...
The term ‘child abduction’ often has very sinister connotations and more usually is associated with a stranger taking a child. In reality, abduction often carried out by one of the child’s parents who has parental responsibility. A...
Stay-at-home mums can feel particularly vulnerable during a divorce. There can be a lot of uncertainty about their rights and how their needs will be met following the end of their marriage, as well as how their children’s needs will be accounted for....
Recently I have had an interesting discussion with a good friend and colleague regarding stepparents, their role, how they are seen and what they can be called by their stepchildren. It’s always useful to have conversations where differing views can be...
Within English Law important decisions regarding a child’s upbringing must be consulted with both parents who hold parental responsibility. Parental Responsibility is defined as "all the rights, duties, powers, responsibilities and authority...
Who gets what in a divorce is, understandably, one of the first things people will consider if their marriage has come to an end. The outcome can make a huge difference in your financial security and quality of life post-marriage, so it makes sense that this...
Divorce is one of the most disruptive life events a person can go through. If you are facing the prospect of having to sell your home and move as a result of divorce, this can make things even more difficult. Selling a house during a divorce can be a very...
Several years ago, as part of Bretherton’s endeavours to support their clients, I was asked to create a group for those going through relationship breakdown, giving consideration to their recovery and new opportunities they might be creating for...
Possibly one of the more challenging tasks that parents have to engage in when going through a separation is telling the children of their decision to part. Mum and Dad will be experiencing their own emotional turmoil regarding the breakdown of their...
There are various reasons as to why a parent may wish to move away and relocate with their child. For example, they could have a new job, or they might want to be closer to a family support network or to find or leave a relationship. Often, in these cases...
Unfortunately, there is no easy way that relationship breakdown can be accepted without experiencing the pain of a significant ending. The two people involved in any relationship breakdown, be it separation or divorce, will, more than likely be at different...
Sometimes referred to as Alternate Dispute Resolution (ADR), Non-Court Dispute Resolution (NCDR) are a range of methods to resolve disputes away from Court. In my blog earlier this month (which can be found here ), I wrote about the importance of NCDR, and...
In April 2024, there was a change in the Family Procedure Rules, which placed a greater emphasis on the importance of Non-Court Dispute Resolution (NCDR). This does not mean that prior to these rule changes, NCDR was discouraged, but the changes have now...
Counselling is always a very personal experience as counsellors and psychotherapists invite their clients to bring their own unique narratives about the events they want to speak about to the therapy room. Counselling can offer a confidential space for...
A common concern for people who wish to apply for a divorce is that their spouse might block or hold up the process. The good news is that there is little your spouse can do in most cases to stop or significantly delay your divorce thanks to new divorce...
While things are gradually becoming more equal, the reality is that women in heterosexual marriages are often at greater risk of financial hardship if their marriages end in divorce. Understanding your rights can give you a better chance of securing a fair...
In a divorce, the division of assets is often one of the most fraught issues the separating couples must deal with. Securing a fair split of your combined assets can be critical to your future financial security, so it is important that all assets are...
In a divorce, pensions are often the biggest asset a separating couple has to consider after the family home. A fair approach to pensions on divorce is, therefore, essential to make sure that an equitable division of assets can be agreed upon that meets both...
Getting divorced with kids can be particularly tough, with arrangements for your children and their emotional wellbeing to consider. Exactly what happens to children in divorce will depend on the circumstances, so it is a good idea to familiarise yourself...
A Consent Order is a vital legal document for divorcing couples. It sets out the terms of your financial settlement and, once the Order has been issued by a court, those terms become legally binding. A Consent Order is, therefore, how you turn a voluntarily...
How long a divorce takes is one of the first questions people often have when considering ending their marriage. The legal process to end your marriage will take a minimum of six months in England and Wales, but dealing with other aspects of your divorce,...
If you are married, an affair can be particularly devastating. Sadly, infidelity in relationships is all too common with one in five British adults admitting to having had an affair. If you believe your husband has had an affair or they have admitted as...
Be you pro or anti Royalty, it certainly seems that our Royals have gone through their own difficult times of late. Life’s challenges can affect anyone, regardless of status or wealth and most of us will have to deal with one crisis or another...
Paloma Faith has recently been quoted as saying, referring to the ending of her relationship with her partner, “Our relationship ended because we have those children.” Of course, this comment made a good headline for whichever media chose to use...
The 1980 Hague Convention is an agreement between various countries which aims to ensure the return of an abducted child to the country where they are habitually resident, so that issues about where they live in the future, and with whom they spend time...
The Guardian newspaper has recently published the findings of a BMJ study conducted by Danish experts regarding use of antidepressants during and following relationship breakdown or the loss of a partner or spouse through bereavement. Those who took part in...
Pension sharing orders have been available as part of divorce proceedings since 2001 however according to a Nuffield Foundation report published in November 2023, they are included in only 11% of divorces despite frequently being the largest asset a couple...
Going through a divorce comes with significant financial implications, and we are often asked how clients can protect themselves during the process. Alongside the divorce, the joint financial claims that the parties have need to be addressed, and this often...
Well, Sunday 10 th March gave all of us lucky mothers out there the opportunity to be spoilt by our children in some way. It might have been flowers, chocolates or wine. An afternoon tea or dinner at a nice restaurant or a Spa Day might have been on offer....
It maybe you are reading this, having just had a conversation with your spouse about separation. Maybe you are reading this blog in anticipation of starting a divorce yourself, but not knowing what the first steps are. We are often asked how people can...
While it is no longer always the case that men earn more than women, it is still often true that married heterosexual women have lower incomes and less in other assets, such as pensions, than their husbands. This can, understandably, cause women in such...
Making the decision to divorce is one of the hardest things many of us will ever have to deal with. The divorce process itself can be relatively straightforward or much more complicated, depending on your circumstances, but either way, being properly...
Valentine’s Day has crept around once again, and whilst the day can be special for people in a relationship, it can also be difficult for those who are not. Especially those who have lost a loved one or have gone through a relationship breakdown. For...
We are now into February and most of us will be ready to wave goodbye to one of the gloomiest months of the year with a sense of relief. Maybe some of us have managed to stick with well-intentioned New Year’s resolutions, or maybe, like me, you have...
With Christmas and New Year celebrations now a distant memory, reality has probably kicked in and most of us have to face how expensive the festive season has been for us and how we have to continue to manage the cost-of-living crisis. I am sure that for...
The task of getting a divorce can often be trying and emotional for all parties involved, especially when it comes to deciding what happens to the family home once the divorce has been finalised. The family home often has a lot of emotional and financial...
We are often asked by clients in an initial meeting what they will receive by way of settlement, and crucially what they are “entitled to”, within a divorce. Without a crystal ball, as Solicitors we do not know what assets are available for...
Whilst for many Christmas gives the opportunity to spend time with family, spoil loved ones and allows the time to catch up with old friends and family members we haven’t seen for some time, it also brings challenges. Sure, most of us, including me,...
Ivy aged 6 Dear Santa, I hope that you don’t mind me writing to you, it’s just so you know that I am not in my usual house this Christmas. Something terrible has happened – my Mummy and Daddy told me that they don’t love each...
For most families, Christmas can bring a mix of emotions; excitement, anxiety, joy, trepidation and an entire range of different feelings that can affect both mood and behaviour. For separated families managing the Yuletide expectations can be an even bigger...
Going through a divorce often proves to be an emotionally exhausting experience, especially when finances are concerned. One of the first questions that any individual considering a divorce will often ask is “If I get a divorce what am I financially...
Going through a divorce is nearly always a stressful experience, and there are many factors that need to be taken into consideration as a part of the process. One of the most important is how your assets will be split between you and your ex-spouse once the...
Divorce can be a complicated and emotionally charged time, especially in terms of dividing assets. Over time, it is likely that your assets have become entangled with your spouse’s, and at this stage, you may both have opposite ideas about what...
The Pension Advisory Group (PAG) is an interdisciplinary group of judges, solicitors, barristers, legal academics, independent financial advisors, and actuaries. The group was set up in June 2017. The main objective was to provide a guide to practitioners,...
The family home is often the most valuable asset that a couple owns, so it’s not surprising that it can be a significant point of contention during a divorce financial settlement, especially in regard to questions such as “Who stays in the family...
At Brethertons we have a team of lawyers who are experienced in a variety of languages and cultures. Our own Layan Sarhan, Legal Assistant in our Children & Domestic Abuse team, has written this blog discussing Nikah Marriages in the UK. ...
Making arrangements for your finances during divorce can often prove to be a complex process. In many cases, the way your pensions are divided will be especially important, as they are likely to be among your most valuable assets and will provide future...
Unfortunately it can take a significant amount of time from deciding to separate to receiving your decree absolute/final order. During this time you are still considered to be married – this can be beneficial in terms of things like pension rights if...
When going through a divorce, your pension might be one of the most valuable assets you need to consider when dealing with your, and your spouse’s, finances. The first step to take is to obtain up-to-date CETVs (Cash Equivalent Transfer Value) for all...
International Women's Day (IWD) is an annual global event which celebrates the social, economic, cultural and political achievements of women. The day also marks a call to action for accelerating gender parity. Significant activity is recognised...
A C67 is an application form used to initiate proceedings for the return of a child to a certain Country under the Hague Convention 1980. The International Child Abduction and Contact Unit (ICACU) is a government organisation that helps the Applicant parent...
Counselling, and emotional support, can take many forms and be beneficial in a variety of contexts. Some people might believe that you only need to engage in therapy if there is something “wrong” with you, but this isn’t the case. Some...
Who are Cafcass? Cafcass stands for Children and Family Court Advisory and Support Service. They were first formed on 1 st April 2001 as part of the Government’s commitment to supporting families and children. Cafcass is an independent...
A Child Arrangements Order is an order that determines with whom a child is to live, and/or spend time with. Child Arrangements Orders are regulated by Section 8 of the Children Act 1989. The child’s mother, father or anyone with parental...
The Good Divorce week has focused on issues such a ‘no fault’ divorces in the past, the new ‘no-fault’ divorce legislation came into force on 6th April 2022. This means that couples can now obtain a divorce, either solely or...
The rules surrounding the exercise of parental responsibility of children at school can often seem complex and confusing. As a parent your child’s education is one of the most important decisions you can make, but due to the importance of this...
Family Court proceedings can be daunting, whether you are the Applicant or Respondent, especially if you are a victim of Domestic Abuse. If you are a party to Family Court proceedings, and you are a victim of domestic abuse perpetrated by the other party,...
The court process for many is lengthy, stressful, and highly emotional. Many individuals believe that court room is the only solution. However, mediation can be a suitable alternative where parties want to avoid the emotional roller coaster of court. ...
The Depp versus Heard case has attracted much interest from both the media and the general public. I know my daughters have both been following it all very closely and have been quite shocked at some of the narrative around the couple’s behaviour. I...
X v Z (Parental Order Adult) [2022] EWFC 26 A recent Family Court ruling granting a UK couple a Parental Order concerning their adult child born by surrogate in the United States in 1998 has highlighted the fact that UK surrogacy law remains desperately...
It's Mental Health Awareness Week 2022 and we have been invited to consider the experience of loneliness and how we can all potentially be affected by it and the potential detrimental effect feeling isolated can have on our mental health. The Covid...
We are delighted to be highlighting our expert lawyers in a new feature 'In The Spotlight' where you can get to know our individuals and the important work they carry out each day. This week we are excited to be highlighting Dawn Millar -...
The recent case of SS v MCP [2021] EWHC 2898 (Fam) illustrates the complexity of returning a child who has, according to one parent, been abducted by the other parent to reside in India. Furthermore, it provides an excellent discussion of parens patriae...
The new divorce legislation which is coming into force from 6 th April 2022 means that couples will be able to obtain a divorce without one party having to apportion blame on the other. At present, one party can ‘blame’ the other, citing...
An Occupation Order is an Order that a Court can make, under Section 33 of the Family Law Act 1996, to determine who can remain living in a property, or defining who can enter certain parts of the home, if parties are unable to agree. This is often applied...
Many clients, when divorcing, assume that when the Decree Absolute is granted, that it brings an end to not only the marriage but also to any financial claims that each spouse has against the other. This is not the case. Only a clean break can end the...
Mediation is the process whereby an independent trained mediator help parties reach a solution when there is a dispute regarding children or finances. Mediation helps parties come up with their own solution and avoid the court system. Solicitors can also be...
Recently, Brethertons’ award-winning Family team supported those in need this Christmas, by running a shoebox appeal across their offices to donate items to Refuge – a charity that supports women and children suffering from domestic violence. ...
Introduction Sir Andrew McFarlane, the President of the Family Division issued a memorandum setting out the correct approach that should be taken when draft orders in the Family Court. This is available on the Judiciary.uk website. Standard Orders ...
You may have read in the news this week that it is ‘Good Divorce Week’. This is a campaign spearheaded by Resolution, an organisation committed to reducing the conflict within Family Law. Many of the Family Department are members of Resolution....
Stranded spouses is the term used when a family travels abroad on holiday and one spouse is intentionally left behind either with or without the child(ren). One spouse deliberately removes the other spouse's and/or the child(ren)’s passport and...
As Covid-19 travel restrictions have started to ease, many people and families have once again started to consider the possibility of international holidays rather than staycations. Aside from the current Covid-19 worries and practicalities still...
The topic of vaccinating young children has been in wide discussion for parents, the Government, and chief medical officers. Recently the Government has accepted the recommendation from the UK’s medical officers that children between the ages of 12 to...
If you have been the victim of domestic abuse, you can apply for a ‘Non-Molestation Order’. This is an injunction in the form of a Court Order that protects you or your child from being harmed or threatened by the person who has abused you. ...
Legal Aid is a government funded scheme that helps individuals who are on low income access legal advice/representation. Once granted, a legal aid certificate will cover legal costs including Solicitor fees, counsel’s fees and disbursements such as...
If you or your children are in immediate danger, please call 999 and ask for the police. You can also call the 24-Hour National Domestic Violence Helpline on 0808 2000 247. After years of promises, especially by former Prime Minister Theresa...
The long-awaited Judgment of H-N And Others (Children) was handed down on 30 th March 2021. There were four cases (joined on appeal) before the Court of Appeal. The appeals were particularly looking at the process in which the Courts consider domestic...
For many who have managed to escape from an abusive relationship there is initially a huge sense of relief, finally life can become more ‘normal’ again and they can begin to rebuild their self -confidence and self-worth. Whilst this is true, the...
Everyone seems to have heard of a doula who offers support before, during and after childbirth. “What is this new concept of a divorce doula?”, is what I asked myself when I first heard this term. Apparently a divorce doula is a...
Monday 10th May 2021 marked the start of Mental Health Awareness Week, looking after our mental health should always be a priority, but this year, having experienced a pandemic which, for most of us, has invited significant changes and increased stresses, it...
British broadcaster, journalist and weather presenter, Ruth Dodsworth has recently featured in the media after her ex husband was jailed for 3 years for coercive and controlling behaviour. I watched an interview with her earlier on daytime tv where she...
We recently discussed the Court of Appeal decision in Re G (A Child) (Child Abduction ) in which Kim Lehal, a partner in our family law department, represented the charity reunite . The Court of Appeal ruled that a child who is...
On 19 March 2021 the Supreme Court handed down judgment in the case of G v G [2021] UKSC 9. Reunite intervened in the appeal and was represented by Kim Lehal of Brethertons solicitors instructing Richard Harrison QC and Jennifer Perrins of...
There are times when members of our team are involved in cases which remain with them for life. For Joanne Soar , who specialises in public law for children, that case is X County Council v AB & CD [2015] EWFC 98. Described by the...
In yet another example of how #we don’t just know the law…we make it, family law partner, Matthew Montanaro led the way for the Legal Aid Agency (LAA) to issue new guidance that ensured those who brought successful human rights claims...
This week on the BBC 1 programme Morning Live the recent increase in people contacting law firms about separation and divorce was discussed. A lawyer was interviewed online and asked what she felt individuals should be looking for in a lawyer when they were...
Monday 1st February was the first day of Children’s Mental Health Week and it would seem that in these extraordinary times we should all be more vigilant about children’s emotional wellbeing and mental health. Recent figures suggest that...
Well, this week kicked off with what is known as ‘Blue Monday’. January is notorious for being a difficult month with people recovering from the excesses of Christmas, trying to keep to their new year resolutions, attempting to stabilise their...
Family Mediation Week – helping separated families know which way to turn More than any other time of the year, January is a month when families decide to separate. For most, this will be their first experience of separation, and they will start...
Re G (A Child) (Child Abduction) Kim Lehal, a partner in our family law department, recently represented the charity Reunite in the ground-breaking case of Re G (A Child) (Child Abduction) . Founded in 1987, the Reunite International Child...
Sadly, domestic abuse continues to affect many individual’s lives in a manner of different ways. In these troubled times as we search for a way to reduce and contain the sometimes awful consequences of Coronavirus, we have yet to find a cure for...
I was listening to a GP who was being interviewed on a television programme talking about burn out and what he was saying appeared to make a lot of sense and for me was food for thought. Lockdown and the consequences of it has proved challenging for most of...
I know it’s a very different start to the year and I am sure we will all remember it as such. This time last year no-one could have predicted that 2021 would begin in this way, but let’s all try and remember that positives can sometimes come out...
Most families will be wondering how Christmas will be for them this year as we head towards, what is usually for most of us, a time of festivity with family and friends. Of course, the changes that COVID-19 has already brought to Yuletide 2020 are much in...
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