Waely Law

Waely Law At Waely Law, we specialise exclusively in private Family Law.

Our dedicated team of solicitors provides compassionate, expert guidance through divorce, child custody, financial settlements, and all aspects of family legal matters. Our expert family law solicitors in London provide clear legal advice, helping you navigate divorce, child arrangements, and financial settlements with confidence. Whether you need guidance on separation agreements, prenuptial agreements, or child custody, we offer compassionate, tailored solutions to protect your interests.

🚨 Major Proposed Changes for Unmarried Couples 🚨Many people believe that living together without getting married protect...
10/06/2026

🚨 Major Proposed Changes for Unmarried Couples 🚨

Many people believe that living together without getting married protects their finances if the relationship ends.

However, that assumption may soon need to be reconsidered.

The Government has launched a consultation proposing significant changes to the rights of cohabiting couples (unmarried couples who live together).

At present, there is no such thing as a "common law marriage" in England and Wales. Simply living together does not usually give the same financial rights as marriage or civil partnership.

This is particularly important for couples who have had a religious ceremony only, such as a Nikah marriage, without also entering into a legally recognised civil marriage.

The Government is now considering reforms that could give qualifying cohabiting couples new rights, including:

1️⃣ Potential financial claims when a relationship ends.

2️⃣ Greater protection for financially vulnerable partners.

3️⃣ Consideration of domestic abuse, coercive control and economic abuse when dealing with finances.

4️⃣ Automatic inheritance rights if a partner dies without leaving a Will.

5️⃣ Making pre-nuptial and post-nuptial agreements legally binding.

The proposals could apply to couples who have lived together for at least three years or who have a child together.

It is important to remember that these are currently proposals only and have not yet become law.

If you are living with a partner, own property together, have children, or have chosen not to marry because of financial concerns, these developments may be worth keeping an eye on.

Child Minatence: CMS or Family Court?Many parents are surprised to learn that child maintenance is not usually decided b...
05/06/2026

Child Minatence: CMS or Family Court?

Many parents are surprised to learn that child maintenance is not usually decided by the Family Court.

In most cases, child maintenance is dealt with by the Child Maintenance Service (CMS), which calculates and collects child maintenance payments.

As a general rule, where the paying parent earns up to £156,000 per year, child maintenance is usually dealt with by the CMS rather than the Family Court.

However, there are important exceptions.

The Family Court may still be able to make orders for:

• Private school fees and certain educational expenses;

• Additional child maintenance where the paying parent's income exceeds £156,000 per year; and

• Financial provision for a child with disabilities or additional needs.

We regularly receive enquiries from parents who assume they need to start court proceedings to obtain child maintenance, only to discover that their first step should be to contact the CMS.

Understanding the correct process from the outset can save considerable time, costs and frustration.

Have you ever been surprised to learn that child maintenance is usually dealt with by the CMS rather than the Family Court?

21/05/2026

Judicial Separation and Separation Agreements are often confused, but they are not the same thing.

A judicial separation is a formal court process that allows spouses or civil partners to separate legally without ending the marriage or civil partnership.

A separation agreement, by contrast, is a private agreement recording arrangements relating to finances, property and other practical matters following separation.

Whilst both may be relevant for couples who do not wish to divorce immediately, they have different legal effects and offer different levels of protection.

Understanding the difference at an early stage can help separating couples make informed decisions and reduce the risk of future disputes.

15/05/2026

A deeply sad Court of Appeal decision in the case of M (A Child: Adoption: Duty of Disclosure).

The Court set aside an adoption order after it emerged that crucial information about the adoptive placement had not been disclosed before the order was made.

The judgment highlights the importance of honesty and “full and frank disclosure” in family proceedings. The Court stated that prospective adopters are under a clear duty to disclose relevant circumstances to the court, and that duty is breached if the court is “misled by a prospective adopter’s words, deeds or silence”.

Most heartbreaking of all is the impact on the child at the centre of the proceedings, who at only two years old has already experienced foster care, adoption proceedings, disruption, and further court involvement.

This judgment is a reminder that, at the centre of every family case, is a child whose welfare must remain paramount.

Judgment:

When the court has made fact findings – what happens next?After a Fact-Finding Hearing, the court is no longer deciding ...
04/05/2026

When the court has made fact findings – what happens next?

After a Fact-Finding Hearing, the court is no longer deciding what happened. The focus shifts to what is safe for the children going forward.

This is where many cases get stuck.

If a parent denies everything and does not engage in any work, the court is likely to take the view that the risk has not been addressed. As a result, contact does not progress.

This does not necessarily mean admitting everything. What matters is showing a willingness to reflect and take steps to move forward safely.

With the right approach, there is usually a pathway from indirect contact to supervised and, in time, direct contact.

If you are in this position, early advice can make a real difference.

“I have no choice but to go to court”Some of the hardest conversations I have are at the very start of child arrangement...
27/04/2026

“I have no choice but to go to court”

Some of the hardest conversations I have are at the very start of child arrangements matters.

Recently, I’ve spoken to a number of parents who feel they have no option but to go straight to court.

They feel frustrated, unheard, and worried about losing time with their child.

Court is sometimes necessary.

But it is rarely the best starting point.

Once proceedings begin, things can escalate quickly — emotionally, practically, and financially.

Positions become more fixed.
Communication breaks down further.
And what could have been resolved earlier becomes far more difficult.

In many cases, early communication — even if it feels uncomfortable — can prevent months of stress.

Not every situation can be resolved this way.

But many can.

And that can make a real difference to the child involved.



“I don’t want to fight.”That sentence costs people thousands.I hear this a lot at the start of financial proceedings.Cli...
23/04/2026

“I don’t want to fight.”

That sentence costs people thousands.

I hear this a lot at the start of financial proceedings.

Clients want to keep things amicable.
They want to keep costs down.
They want to avoid a “big legal bill”.

So they look for the cheapest option.

That’s usually where the problems start.

A lower fee doesn’t mean the same service at a discount.
It often means the work is being done at a junior level.

And that difference shows.

Because financial proceedings are not just forms and emails.

They are about:
• spotting undisclosed assets
• structuring the right settlement
• knowing when to push and when to settle

I’ve seen many people try to “keep it cheap”.

By the time they come to me:
– opportunities are missed
– poor offers have been accepted
– fixing it costs far more

You’re not paying for time.

You’re paying for judgement, strategy, and experience.

And that’s what protects your outcome.

14/04/2026

The Court of Appeal has just overturned Mazur v Charles Russell Speechlys — and the impact goes beyond this case.

You can read the full judgment here:
👉https://lnkd.in/epdAxft2

The issue was whether someone who is not an authorised lawyer can carry out litigation work.

The earlier decision suggested this could be unlawful.

That has now been overturned.

The Court of Appeal has confirmed:

👉 Work in litigation can be carried out by non-authorised staff (e.g. paralegals)

👉 Provided it is done under proper supervision of an authorised lawyer

👉 And the authorised lawyer retains responsibility and control
In simple terms:

It is not about who does the task — it is about who is responsible for it.

🔹 Why this matters (this is the key part)

This affects how legal services are actually delivered in practice.
Most clients are not aware that:

• A large proportion of work is delegated

• Different levels of staff may be involved in their case

This judgment confirms that:

• Delegation itself is lawful

• But proper supervision is critical

🔹 Practical takeaway

If you are instructing a firm, you should be clear on:

• Who is actually handling your matter

• Who is supervising it

• Who takes responsibility for decisions made

Because if supervision is not properly in place, there can be real consequences.

🔹 Closing

This decision brings clarity — but it also highlights the importance of how your case is managed behind the scenes.

If you are unsure how your matter is being handled, it is worth asking the question.

19/02/2026

Overseas marriages and dowries under UK law

Many couples marry overseas under religious or foreign legal systems. When relationships break down, questions often arise about how those marriages — and any agreed dowries — are treated in the UK.

English law does not automatically apply overseas or religious rules. Instead, the court looks at the legal effect of the marriage and any financial obligations under English law.

In relation to dowries (mahr / mehr):

• A dowry recorded in an overseas marriage contract is not ignored simply because it arises from a religious marriage

• Where a dowry is clearly set out, quantified, and forms part of a formal marriage contract, it may be treated as a contractual financial obligation

• In such cases, the English court can recognise and enforce the dowry as a debt, depending on the wording and circumstances

Much turns on how the marriage contract is drafted and recorded. Properly documented dowries — particularly those agreed as part of a formal marriage contract — are often capable of recognition under English law.

If you married overseas and your marriage contract includes a dowry or deferred payment, tailored legal advice is important to understand how it applies to your circumstances.

Living together, religious marriage, and UK lawMany couples are surprised to learn that a religious marriage carried out...
18/02/2026

Living together, religious marriage, and UK law

Many couples are surprised to learn that a religious marriage carried out without a civil ceremony — including an Islamic marriage (nikah) — is not recognised as a legal marriage under UK law.

Where a couple has only had a religious ceremony and no civil registration, they are generally treated in law as cohabiting partners, not spouses.

What this means in practice:

• There is no automatic right to financial claims on separation

• There is no concept of “common law marriage” in England and Wales

• Property rights depend on legal ownership and evidence, not length of relationship

• Legal protection is very different from that available to married couples

This can come as a shock to many people, particularly where the relationship was understood to be a marriage within a religious or cultural context.

Understanding your legal position early can make a significant difference — especially where property, children, or finances are involved.

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