Family law

When you have issues in your family relationships, or a relationship has broken down, you will need legal advice and support. In our family law blog we cover the main issues affecting you, such as pre-nuptial agreements, separation, divorce, custody and child support, financial settlement, spousal maintenance, and domestic violence. We also cover current issues in the media, such as the UK’s surrogacy laws, rights of civil partners, and changes to adoption laws.

Have a browse for topics of interest. If you need family law advice, Contact Law can put you in touch with a specialist family solicitor in your local area.

Divorce is “the disease of the modern age” according to senior judge

A High Court Judge has decided to establish a foundation promoting marriage in an attempt to put a halt to the large number of children living with separate parents. According to Sir Paul Coleridge, “People want to change horses mid-stream — it’s the disease of the modern age”. Coleridge stresses that couples must realise the [...]

Mother wins secret muslim adoption case

A mother has this week been vindicated by the Court of Appeal over an “exceptionally difficult adoption proceeding”. The case concerned a child born to a Muslim couple who had a secret affair. The man was already married and the couple’s unplanned pregnancy was seen to pose a risk to the lives of the baby [...]

Divorce trends

The Office for National Statistics (ONS) has today released new numbers on the prevalence of divorce in England and Wales. The data shows that there was a 4.9% increase in the number divorces this year compared to the previous year. However, there are also indications that the proportion of couples divorcing is generally decreasing. As [...]

President of High Court’s Family Division considers international surrogacy

Surrogacy can be a sensitive and complex issue. Therefore, English law contains provisions which seek to ensure that surrogacy is not practised as some form of business, which looks to be financially profitable. However, many couples struggle with the long waiting times in British clinics and choose to go abroad. This can be problematic as [...]

Legal aid and effective judiciary top of the agenda for senior judge

At the annual lecture of the Law Reform Committee of the Bar Council, which took place earlier this week, the President of the Family Division and Head of Family Justice for England and Wales, the Rt. Hon. Sir Nicholas Wall, voiced his concerns over the legal profession’s handling of matters involving children. Sir Nicholas’ concerns [...]

Cohabiting couples’ rights recognised by Supreme Court

The rights of couples living together, in a relationship with characteristics akin to those of married couples, are anticipated to be extended in statute after a Supreme Court decision yesterday. In a case before the court, five Supreme Court justices decided that the value of a house, in which a cohabiting couple had resided together, [...]

Arranged marriage: woman kidnapped by her own family

A court yesterday heard how a woman of 23, Naila Afsar, had been kidnapped, abused and threatened with death by her own family. The incidents occurred after she broke off the engagement with her first cousin and married a man whom her family had not been asked to approve. Jonathan Dickinson, prosecuting, told the court [...]

Fathers’ rights to shared equal custody suffers blow

The Family Justice Review, which is still to be fully published, is not to recommend that fathers’ rights to shared equal custody become a statutory enshrined right. The Government has previously acknowledged that the area of family law needs to be fundamentally reformed. However, such reform has not been a priority in the report, rather, [...]

Sibling rivalry highlights major inheritance issue

Adoption has long been a sensitive subject, with people’s lives and emotions at the fore. A recent case, though, has dramatically highlighted one of the potential flaws in the system. Sometimes, children become part of a family without being officially adopted. A non-biological family may consider their new member to be as dear to them [...]

Is it too easy to divorce in Britain?

Judicial concern is increasing over the opinion that Britain has an international reputation as the capital of generous and quick divorce settlements. This comes as the Court of Appeal upheld a High Court judgement, which decided that a British court was the appropriate instance for another major divorce settlement between non-British nationals. The appeal was [...]

Cuts to Legal Aid: the Impact on Family Proceedings

The difficult financial climate has forced the government to consider implementing controversial cuts to the legal aid budget.  A coalition of family and children’s charities fear that these savings will adversely affect victims of domestic abuse. The campaigners claim that the definition of ‘domestic abuse’ in the Legal Aid, Sentencing and Punishment of Offenders bill [...]

High Court judgement introduces principle and secondary parenting

A High Court judgement published yesterday has revealed the legal complications that can arise from using donor sperm and IVF to create a child, without establishing the role and boundaries of both parties. The case concerned a 10-year-old girl and her sister and the dispute between their lesbian mothers and the man who donated his [...]

Only 60 babies adopted in England last year

The Department of Education’s statistics have revealed that despite the number of children in care being the highest since 1987, the number of babies adopted in England last year fell to an astonishingly low 60. Children’s Minister Tim Loughton said the figures were “worrying” and a “timely reminder” that more needs to be done for [...]

Judge rules minimally-conscious patient must live

A judge has ruled in the High Court today that a severely brain-damaged woman cannot die, despite pleas from her family who say she would not want to live her life being totally dependent on others. Mr Justice Barker ruled that the woman, who is minimally conscious, has “some positive experiences” and that there is [...]

Legal aid cuts will lead to DIY litigants, warns Attorney General

The Attorney General Dominic Grieve is to write to Ken Clarke voicing his concerns, and the concerns of hundreds of family law lawyers and judges, about the removal of legal aid for family matters arising from divorce. The Government’s plans to cut legal aid for divorce are currently before Parliament in the Legal Aid, Sentencing [...]

Gay marriage to be possible by 2015, Lib Dem conference will be told

Lynne Featherstone, Equalities Minister, will tell her party’s annual conference in Birmingham today that the Government will start a formal consultation into making gay marriage a reality in March 2012. The consultation will look at how to make gay and lesbian marriage possible by 2015, and it is being backed by the Prime Minister.

Unmarried couples to miss out on legal rights after reforms are axed

Unmarried couples in England will not be entitled to the same legal rights as married couples or those in a civil partnership as the Government has decided not to implement recommendations made by the Law Commission. The decision not to extend rights to cohabiting couples means millions of people could lose out financially if their [...]

Court allows sex-abuse ‘coach’ mother to be named

Elizabeth Watson, a private investigator, was jailed for nine months yesterday for contempt of court, after she helped Victoria Haigh spread entirely false accusations about Haigh’s former partner during their battle for their child. Previous court hearings, held in private, have already found that Haigh fabricated allegations of sex abuse against her former partner, David [...]

Financial orders – settling finances following divorce

Within financial proceedings during divorce, the courts have the discretion to impose several orders either by agreement of the parties or through a court application. (More…)

Court rules son’s fight to care for elderly father can be reported in ‘real time’

The Court of Protection made a landmark ruling on Monday 8 August when it held a son’s battle to care for his 92-year-old father could be reported in real time because it is of ‘specific public interest’. The son, DJ, is arguing that his father is being held against his will and that the local [...]