What are Parental Rights?
Disputes can arise when separated parents disagree on what is best for their child, which is why it’s important to understand your rights as a parent. Having parental rights over a child enables you to make decisions as a parent and legally enforce those decisions. This is even more important when parents are not on […]
How Can a Father Get Custody of His Child?
Custody is now known as residence and refers to the arrangements as to where the child will live for some or all of their time. The courts encourage for residence to be settled with an informal agreement between the parents. If however an agreement cannot be reached or if an existing arrangement has been broken, […]
Can a Mother Stop a Father From Seeing Their Child?
10 minute read Last updated 16th August 2019 Can a Mother Stop a Father From Seeing Their Child? The welfare of the child is of the utmost importance in these situations. This article covers: When can contact be restricted? What can I do if my child’s mother stops me from seeing my child? What is […]
How Much is Child Maintenance?
The framework for assessing, collecting and enforcing child maintenance payments is set out in the Child Support Act 1991. Under the Act, both separated parents of a qualifying child are responsible for the financial cost of bringing up that child, provided the parent does not fall under one of the exemptions. Once it has been […]
What is Child Maintenance?
If you have separated from your partner, you may have concerns about who is now financially responsible for the every day living costs of your child (or children). This guide will help you to understand the question of ‘What is child maintenance?’ – and the options that are available to you to ensure that your […]
Who Gets Child Tax Credits in Shared Custody?
3 minute read Last updated: 11th August 2019 The question of who gets child tax credits in a shared custody arrangement can be complicated since only one person can claim child tax credit for any one child. Both parents may feel they would benefit from receiving child tax credit and on the basis of a […]
What is Child Support?
Child support, also known as child maintenance, is the regular, ongoing financial contribution made by one parent to another in support of the everyday living costs of their child or children. Following the breakdown of a relationship, both parents are, subject to their financial circumstances, expected to contribute to the costs of raising their child […]
What is a Clean Break Order?
A Clean Break Order is used to legally terminate future financial obligations or responsibilities between a couple that is divorcing or dissolving their civil partnership. They offer a legal way for parties to move on without the concern of any future claim on their assets from their ex-spouse. While the Decree Absolute will formally end the marriage, […]
Fathers Rights
When going through a separation which involves children, fathers are often unsure of their rights in terms of contact and access to their children. Under UK law, a parent’s rights regarding their children are determined largely by whether or not they have parental responsibility. Although parental responsibility alone does not guarantee a fathers’ right to […]
Housing Rights When Separating
Following a separation or divorce, the biggest asset you are likely to have is your home. Among the stresses of a separation, you will need to address legal position of you and your former partner in relation to the property. It will be important to understand your housing rights and responsibilities if you are going […]
What is Parental Responsibility?
Understanding your rights in relation to parental responsibility is the first step in ensuring you are involved in making important decisions in your child’s upbringing relating to their health, welfare and education. We look at the current law on parental responsibility and how to acquire parental responsibility in circumstances where there is no automatic entitlement. […]
Without Prejudice in Family Law – What Does it Mean?
You may well have heard of the term without prejudice but the meaning of this rule of law isn’t necessarily clear or obvious to those outside of the legal profession. So what exactly does the term ‘without prejudice’ mean in the context of family law? How might you use this rule in a family law […]
What is Common Law Marriage?
Contrary to popular belief, there is no such thing as common law marriage in the UK. Whilst the term is often used colloquially to refer to cohabiting couples, common law marriage is not legally recognised here. Moreover, notwithstanding the prevalence of unmarried couples cohabiting in the UK, the legal rights of those living together differ […]
Sears Tooth Agreement (and Funding Your Divorce!)
8 minute read Last updated: 13th August 2019 Under the current legal framework, the question of how to pay the legal fees for your divorce case can be a source of real anxiety. You may even be questioning whether you can afford representation. A number of legal bodies, courts, solicitors and banks have come up […]
Family Law Survey: The Challenges of Divorce at Christmas
A family law survey by national law firm Simpson Millar has revealed the complexities facing divorced and separated parents at Christmas time. The research showed that: 42% of newly separated parents cannot remain on speaking terms to make arrangements Dads feel greater need to compete for kids’ affections than mums after divorce or separation 30% […]
Children and Families Act 2014: Potentially Disastrous
Local Authorities face a huge challenge to meet the new demands of the Children and Families Act 2014, which came into force on the 1st September. According to leading education, health and social care lawyer Elaine Maxwell, inadequate funding and a lack of guidance on the new rules, many of which have yet to even […]
Foster & Partners Acquired by Simpson Millar Solicitors
Simpson Millar Solicitors has acquired Foster & Partners (“Fosters”), one of Bristol’s leading family law practices. Combining with Simpson Millar Solicitors existing Bristol operation from 1st July, Simpson Millar Solicitors are seeking to establish itself as the pre-eminent provider of family law services in Bristol and the South West. F Fosters has 9 family lawyers […]
When Is A Marriage Not Legally Binding?
Pop songstress Foxes is reported as being uncertain of her marital status following a drunken ceremony at Glastonbury, in an interview with Metro magazine. She recalls hazy memories of a marriage ceremony in the after-party at Shangri-La, but has no idea where her festival “hubby” could be, revealing that they lost touch. She is reported […]
Divorce Tips and Advice
When a couple separate there can be a lot of different concerns and anxieties. The following tips on divorce are a guide to help focus on some obvious but often forgotten points: 1. Communicate Communication is often the key to unlocking problems and finding a solution. Every case is capable of being resolved but the […]