Family Law

Once the court issues your completed Form C100, the proceedings to determine the issue or issues at hand will commence. It’s essential to understand what happens next in order to navigate the court system effectively and ensure that your case is handled smoothly.

When parents or guardians are unable to reach an agreement regarding the care and welfare of their children, a Form C100 can be used to make an application to the Family Court. This application can be used to determine the child’s general living arrangements (by way of a Child Arrangements Order), resolve a specific issue, such as which school the child should attend (by way of a Specific Issue Order) or to prevent one parent from doing something without the other’s consent, such as moving abroad with the child (by way of a Prohibited Steps Order).

When going through a divorce, many people wonder whether they can receive a lump sum from their spouse’s pension as part of the financial settlement. Pension Sharing Orders allow for the fair division of pension benefits, but they are governed by specific rules. If you're seeking a clean break or need access to funds quickly, it's important to understand how a pension share works and whether a lump sum payment is an option.

When couples choose to live together without getting married, it’s important that they consider how their financial affairs and property rights are structured. Many people assume that living together gives them similar legal rights to married couples, but this is not the case. In the event of a separation, unmarried couples have very limited legal protection unless formal agreements are put in place. Two of the most common ways to protect your interests are through a cohabitation agreement and a deed of trust.

A prenuptial agreement (also referred to as a ‘prenup’) is often associated with high-net-worth individuals or celebrities, but, in reality, it can be a valuable tool for many couples who want to plan for their future responsibly. As more people marry later in life, bring property or children from previous relationships into a marriage, or build businesses together, the idea of protecting assets in case the relationship breaks down is increasingly being seen as sensible rather than cynical.

When couples begin planning a future together, discussions about finances and asset protection may not seem like a priority. However, in the event of a divorce or separation, clear agreements made in advance can significantly reduce uncertainty and conflict. Prenuptial and postnuptial agreements are legal tools designed to set out what should happen to assets, property, and finances if the marriage were to break down.

An occupation order is a legal order issued by the Family Court that determines who has the right to live in the family home in relationship breakdowns involving domestic violence. If an occupation order has been issued against you and you believe it was made in error or that your circumstances have changed, it may be possible to apply to have the order overturned, varied, or discharged. This process can be complicated, so it is essential to understand the legal steps involved and seek professional advice.

When unmarried parents separate, questions often arise around who has custody of the child, and each parent’s legal standing. In England and Wales, the term “custody” is no longer used; instead, the courts talk about “child arrangements”. These determine where the child lives and who they spend time with.

When parents separate, disagreements over child arrangements are common. One of the most distressing situations that can arise is when a parent, in this case, the father, refuses to return the child to the other parent. This issue can be legally complex and emotionally charged. Understanding what steps to take if a father won’t return a child is essential for ensuring the child's well-being and enforcing legal rights.