The government hopes that most separated couples will in future be able to agree child maintenance directly between them but there will always be cases when that is not possible. Proposals for the new statutory child maintenance scheme have therefore just been published which attempt to address failings with the current system. The new scheme […]

On 6 September the government announced that during this current parliamentary term it would not take forward the Law Commission’s recommendations for reform of the law that applies to cohabitants when they separate. Many clients wrongly believe that if they have lived together for a certain period of time but have not married that they […]

The long awaited decision of the Supreme Court in Jones v Kernott [2011] UKSC 53 has finally been released today. This case illustrates the continuing uncertainly that continues to surround cases involving unmarried couples who separate. If a married couple split up and they own a property jointly or in one party’s sole name the […]

The Legal Aid, Sentencing and Punishment of Offenders Bill was published by the Ministry of Justice last week. There are serious concerns that cuts to Legal Aid will leave many vulnerable people without the benefit of legal advice and representation. Legal Aid will no longer be routinely available for most private family law cases, clinical negligence, […]

In many cases when parents separate there are unfortunately disagreements between the parents about contact arrangements. Commonly grandparents are also affected by this and in many instances either lose touch with their grandchildren completely or only see them within the contact allowed for the father rather than separately. Grandparents do not have any automatic legal […]

Maria Miller, the Government’s family spokesperson, has announced that the Child Support Agency will soon be charging for the services it provides. At present, the Government estimates that it costs £460 million a year to fund the agency which currently does not charge parents to use its services. Under the new proposal separating parents will […]

Following the Family Justice Review, from the 1 April 2011 it will be necessary for anyone wishing to pursue an application to the Court in Family Law proceedings (unless certain exceptions apply) to attend a Mediation Assessment to consider whether or not Mediation may offer a suitable alternative to litigation through the Courts. It is the […]

At the moment unmarried couples are offered little protection in family law and often have to resort to the principles of property and trust law instead to attempt to achieve a fair outcome. The biggest asset that will be owned by a couple is usually their home. However, when property law principles are applied to […]

On 20 October 2010 the Supreme Court delivered the long awaited judgment in the case of Radmacher v Granatino. Ms Radmacher is a very wealthy German Heiress thought to be worth in the region of £100 million. Her ex husband Mr Granatino, a French national, had previously worked in the City as an investment banker […]

Until recently divorce has usually involved one partner buying the other’s share in the marital property, or alternatively selling the house and dividing the assets. However, the credit crunch and the housing slump means that moving from one family home to two has never been more difficult. In the current climate, separating couples frequently have […]