Family Solicitor

10/08/2019

Ready for Surrey Pride

26/07/2019

The Myth of the Common Law Marriage

Cohabiting couples (people who live together without being married or in a civil partnership) make up the second largest family type in the UK at 3.3 million families. They are also the fastest-growing type of family in the UK with the numbers having more than doubled from 1.5 million in 1996 to 3.3 million in 2017 according to the Office for National Statistics (ONS) figures

When people talk about living together there is often talk of ‘common law husband and wife’. This is a myth; there is no such thing as ‘common law husband and wife’ When a living-together relationship ends, ownership of any assets is decided by property law rather than divided up in accordance with family law as with divorcing couples. If there are children then there may also be the possibility of limited claims on behalf of the children while they are minors but it is still very different from the potential spousal maintenance, property and pension sharing claims available on the breakdown of a marriage.

The myth of the common law wife runs deep not helped by insurance and other company websites still having an option for marital status as “common law wife/husband”. Indeed, some figures indicate that more than 50 % of adults in this country believe that cohabiting couples have the same rights or at least some rights akin to marriage after a specified period together (although the length of time people think necessary to acquire these fictitious rights also varies wildly). The law when trying to deal with property ownership disputes on the breakdown of a relationship is complex with evidence often hampered by strong emotions. As a result, any legal action can be protracted and expensive. It is therefore sensible to know your position from the outset by seeking specialist advice. It may also be helpful to enter into a Cohabitation Agreement that regulates the ownership of property during and at the end of a relationship in order to pre-empt any potential issues later down the line.

18/07/2019

Divorce - do I need a solicitor?



Divorce is never an easy process and is rarely an inexpensive one. In these tricky economic times it is tempting for many people faced with the prospect of a divorce to try to embark on the process without seeking proper legal advice in an attempt to minimise costs.



Can you really get divorced without a solicitor?



It is possible for a party to manage the divorce process themselves as it is largely administrative now and can be done on-line. Much will depend on how willing a party is to invest the time required to deal with the court process.



When to seek advice from a specialist family solicitor?



Save for the emotional aspect, the divorce itself is rarely the contentious issue; more often than not both parties will accept that the marriage has broken down. It is the practical issues associated with divorce that are more complicated; who lives where, who gets what, what are the arrangements for the children and so on. It is these areas where a quality specialist family solicitor is worth investing in at an early stage.



Even in the most amicable of divorces, it is likely to be beneficial to register any agreements at court in the form of a consent order, so as to not leave claims open for the future. It is important that such consent orders are drafted correctly and use the proper legal language to minimise the risk of ambiguity and problems in the future.



Investing at the outset in some legal advice can pay dividends in the future, whether you instruct a solicitor to handle the full process or not. A good family solicitor will cost money but should also save you money, time and stress in the long run. Not only can they provide advice on the law and processes, they can suggest solutions, give tactical advice, are accustomed to negotiating settlements where possible and dealing with court proceedings where necessary.

17/07/2019

16/07/2019

It is holiday time again and many people are looking forward to the chance to get away for a break and spend some quality time with their family. Separated parents however must remember to seek permission from the other parent if they are taking their child out of the country. It is reasonable to provide flight details and contact details while away. Transparency and communication will hopefully help to keep the summer relaxed and carefree for everyone.

20/05/2019

The decision to move abroad is usually an exciting and challenging one. Often it is driven by employment opportunity and the couple can therefore expect considerable assistance from their employer in terms of arranging visa, housing, schooling etc. What is often not considered though is what the situation would be if the relationship broke down. Many parents do not appreciate that they can potentially abduct their own child. A child may well acquire a new habitual residence different from their parents’ habitual residence shortly after moving to a new country. If that is the case (and it is a matter of fact and degree in each situation looking at integration and intention) then if the relationship breaks down and one parent tries to return home with the child, they may find they have committed child abduction (all be it unknowingly).

The other thing to consider is Visas; it is often the case that one spouse’s right to stay in a country ends on divorce. For example in Singapore the ex-spouse has 30 days to leave the country following cancellation of their dependant’s pass; in addition it is possible for one party to cancel the other party’s pass before divorce proceedings have even been finalised. If their child is habitually resident in that country they may find themselves in a situation of having to leave the country and their child behind while the legal issues are dealt with.



It is therefore very important that parents discuss return intentions and dates before leaving for a new country to try and prevent a habitual residence change and leave the door open for a return should the relationship break down. It can be very distressing for all involved if one parent finds they are effectively imprisoned in a country they no longer wish to be in or alternatively pushed out of the country their child must remain in while the determination of the long term arrangements for their child are dealt with by a foreign court.

10/04/2019

This week is all about the government’s proposals to reform the archaic fault based divorce law. Read my comments in the Guardian here:

Planned overhaul in England and Wales praised for shifting focus from blame to resolution

23/02/2019

The government’s recent announcement of the introduction of “no fault” divorce is a long awaited and very much welcomed change by divorce lawyers. No longer will couples have to “come up” with allegations against their partner in order to divorce even if they have both come to the sad decision that the marriage cannot continue. Allegations made can often cause an increase in acrimony right at the beginning of the divorce making it more difficult to sort everything else out. Always seek expert advice at the outset so you can understand the myriad of options out there and choose the best path for you and your family. Www.barlowrobbins.com