Legal Updates

Family News

Agreeing arrangements for children when a relationship breaks

Agreeing arrangements for children when a relationship breaks down A relationship breakdown often means a dramatic change in life for all involved.   Firstly, it is important to understand that all families are different, and what works for one...

Step-by-step guide to no-fault divorce

Step-by-step guide to no-fault divorce Since April 2022, couples have been able to seek a divorce after one year of marriage without having to blame their former partner for any reason. Prior to the change in the law, couples who agreed to separate had...

The advantages of mediation to resolve a family dispute

The advantages of mediation to resolve a family dispute ‘All conflicts are capable of peaceful resolution,’ said Nelson Mandela, although it may be hard to envisage this when you are in the middle of a family dispute arising from a...

Who pays private school fees after divorce or separation?

According to the Financial Times the average fee for independent schools is now over £15,000 a year for day pupils and £36,000 for boarders. This represents a substantial financial commitment over the education of a child, and often has to be...

Family and children and coronavirus FAQs

We are living in worrying times and while we are all anxious about the health risks arising from the Coronavirus pandemic, there are additional concerns for parents of young children.  Alongside disruption to schooling and usual routines, there may be...

Where will our children live if we separate?

Following separation parents usually want to minimise any disruption to their children, ensuring that they soon settle into a new routine - whether that is in the existing family home, or following a move to a new home.  Where your children will live...

When your partner owns the property and you pay the bills- what rights do you have to your home if you separate?

If your partner owned their home when you moved in together, then it is not uncommon to agree to pay all or most of the bills as a way of sharing living costs without the hassle of changing the mortgage paperwork or the legal title. When a relationship has...

Hearing the voice of children, when parents separate

Caught in the middle of their parents’ relationship breakdown, it is important that the best interests and wishes of any children are considered.  If parents are separating, they will need to agree the arrangements for where children will live and...

Disagreements and decisions about your children

If you are separated or divorced, you will probably have an arrangement with your ex-partner dealing with where your children live and how often they see their other parent. However, a specific issue might arise not covered by this agreement and on which you...

Securing the right to see your grandchildren

The relationship between grandparents and their grandchildren can be very special and one that most parents fully support.  On occasions, however, access can be cut off or restricted, causing hurt and upset.  In the first of a two-part series of...

Enforcing financial orders in family proceedings

Sometimes when the family court orders a payment to be made by your former spouse to settle a financial claim in divorce proceedings, the money owed is not always handed over when it should be.  Where this happens, it can be difficult to know what to...

Am I entitled to a divorce? It depends whether you can prove the irretrievable breakdown of your marriage

If you have decided to end your marriage by applying for a divorce you may be surprised to learn that there are certain criteria you need to satisfy before your application will be accepted.  You may also be surprised to know that, unless you have been...

What rights do step-parents have after divorce?

As a step-parent who is getting divorced or separating, you may feel confused over what rights you will have in relation to your step-children especially if you have spent many years living as a family and have grown to love them as your own.  You know...

Divorce: am I entitled to share my spouse's pension?

As part of any discussion regarding family finances following divorce, it is important to consider pensions.  As Cath Freeman, family law expert with Malcolm C Foy & Co. in Doncaster and Rotherham explains, this is particularly so if compared to your former spouse you only have a very modest pension of your own or perhaps no pension at all.

First Meeting with your Divorce Lawyer

Before meeting your divorce lawyer for the first time, you may be anxious about what to expect. Andrea Pashley family law solicitor and divorce law specialist at Malcolm C Foy & Co in Doncaster and Rotherham explains what will happen at the first...

Different ways to a Divorce Settlement

When you have taken the difficult step of deciding to divorce, working out your future arrangements for children, property, maintenance payments and shared business interests can lead to a great deal of anguish. If you have not come to an agreement by...

Who gets the House on Divorce?

When a married couple separate, they need to decide what will happen to the family home.  Not only is it likely to be one of the largest financial assets of the marriage, but it may also represent sentimental value and security for any children. Family...

Change of Name

Following a divorce or separation you may no longer want to be known by your previous name and if your children carry a different surname than your own, you may decide to change that too.  Below, we clarify the process for changing the name of an adult...

Domestic Violence

Family Solicitor, Bradie Pell, at Malcolm C Foy & Co Solicitors based in Doncaster and Rotherham explains that whilst there has been an overhaul of the Legal Aid system, Legal Aid is still available (subject to a possible contribution) for those...

Disclosure in Financial Proceedings

Financial disclosure in divorce proceedings If you are getting divorced, settling how your finances and assets are divided is often one of the most complex parts of the process.  Whether you reach your financial settlement by agreement or you ask the...

The Child Arrangement Programme

Child arrangements – the new regime Divorced or separated parents should now find it quicker and easier to make arrangements for their children under the regime of the new single family court, which came into being from July 2014. Lauren Clarke,...