On 17th March 2023, the government announced plans to impose longer sentences on domestic abusers who kill their partners or ex-partners. The reforms follow an independent review by Clare Wade KC from March 2023, which set out a raft of recommendations to alter the sentencing position in relation to domestic homicides. In response to Clare Wade KC’s review, the government has set a number of actions, including: Introduce coercive and controlling behaviour and the use of excessive or gratuitous violence as aggravating factors within the sentencing guidelines; Launch a public consultation to co ..read more

It is not long until Christmas, and one of the most common enquiries from our clients is contact with their children over the festive period. Christmas can be a testing time between separated parents when trying to arrange who will get to see their child on the big day. Therefore, we thought it useful to provide some guidance for parents below. 1) Making the plans If you do not have plans in place, now is the time to broach the matter. Talk to your ex-partner and agree on arrangements that work for you all. It may be that you can agree on your child spending Christmas Eve at one home and retur ..read more

It is still the case that many people don’t know that there is no such thing as “common law” husband and wife. This very often means that, on separation, the financially weaker party has little or no protection in law when a relationship ends, irrespective of how long the parties have been together. In the majority of cases, the financially weaker party is the woman. Unlike on divorce, there is no mechanism in law for an ex-partner to be granted financial relief such as a property to live in, a lump sum, maintenance for themselves or to have a share of the other’s pension. If one partner has w ..read more

In recent times there has been the biggest change to divorce Law in England and Wales and since the Divorce Reform Act was passed. On the 6th April 2022, a no-fault divorce system was introduced.  This has been a long time coming as for over 30 years campaigners have been calling for an introduction of a no-fault base divorce.  There have been several concerning cases over the years of people being forced to remain in a marriage to incompatible and sometimes abusive partners. What does this mean for separating couples? The introduction of this law means that couples can get divorced ..read more

The findings of research commissioned by Aviva are shocking but probably not that surprising to most experienced divorce lawyers. The research suggests that 15% of divorced people did not realise that their pension could be impacted by getting divorced and that more than 1/3 of divorcing couples made no claim on their former partner’s pension. Many couples arrange their married lives such that one of the couple takes more responsibility for childcare and running the home whilst the other works and accrues pension savings to support them both in retirement. Even in marriages where both parties ..read more

As the Covid-19 vaccine is now available for children aged 12 or more (or from five if the child is high risk), disagreements are arising between parents, particularly those who are separated. Should your children receive the vaccination? This decision needs to be made jointly by anyone with parental responsibility and their consent provided before the jab can be administered. Resolving a vaccination dispute The issue of vaccinating children is not a new one, but it has, of course, come to the fore recently, given the ever-changing regulations around Covid-19. In the first instance, parents, o ..read more

We wanted to end Good Divorce Week on a positive note by talking about the benefits of mediation. As we’ve highlighted throughout this series of blogs, communication is the key to separating in a civilised manner and ensuring your children remain at the heart of all discussions. So how do you negotiate the many thorny issues that arise during a divorce with someone who inevitably won’t see eye-to-eye with you? As a mediator, I can appreciate how much couples gain from the process, regardless of how their relationship ended. By working with a neutral third party (me!), they have an opportunity ..read more

As we mentioned in yesterday’s blog, children cope well with divorce if there is no parental conflict. But how do you transition from a couple to individuals with separate lives and remain successful co-parents? Resolution’s Parenting Through Separation Guide is an excellent resource, providing lots of great advice for parents manging a relationship breakdown. Don’t forget your solicitor is also on your side. We’ve seen numerous clients through this process and we can help you understand how your actions and reactions impact on your children, both in the short and long term. Keeping the lines ..read more

Ending a relationship, particularly if you have children, is a complex and difficult decision. No matter how the end arises, both of you will experience feelings of loss and grief. What comes next is a period of uncertainty, as you attempt to deal with your emotions, whilst trying to manage the practicalities of separation. Five stages of loss Resolution’s Parenting Through Separation Guide likens the end of a relationship to losing a loved one. How long it takes for you to accept it and move on will be different for everyone. The guide outlines the five stages of the loss cycle as denial/shoc ..read more

Today marks the start of Good Divorce Week, an initiative to help parents adopt a child-focused approach to separation. Divorce is stressful and upsetting for everyone involved, but sometimes it’s necessary and the end result, particularly if it can be achieved amicably, is far healthier than struggling on in an unhappy marriage. There are ways to mitigate some of the stress, acrimony and expense of divorce. Mediation and Collaborative Law are both processes designed to help separating couples make difficult decisions about their future, without involving the family courts – we’ll look more cl ..read more