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Parental Conflict or Alienation?

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In the recent case of Re T and G (Allegations of Alienating Behaviours) [2025] EWFC 15 , the Family Court tackled serious concerns about parental alienation. The case involved siblings, T and G, living separately with each parent following the breakdown...

Court Prioritises Child's Wishes in Recent Residence Dispute

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Re C (a child) [2025] EWFC 47 This recent Family Court case highlighted the importance of a child’s wishes in determining residence arrangements, even in situations involving parental conflict. In this case, a 12-year-old child (‘C’)...

No-Fault Divorce: A Kinder, Simpler Way to Separate

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Divorce is never easy, but recent changes in the law aim to reduce the emotional strain. Since 6 April 2022, couples in England and Wales have been able to divorce without having to assign blame, thanks to the Divorce, Dissolution and Separation Act 2020 . ...

LGBTQ Divorce How Family Law Treats Same Sex Breakups

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Since the legalisation of same-sex marriage in England and Wales in 2014, followed by Scotland the same year and Northern Ireland in 2020, LGBTQ+ couples have had the same legal right to marry and divorce as opposite-sex couples. Equal Legal Grounds,...

How much does a divorce cost if both parties agree?

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When you and your spouse have reached the difficult but mutual decision to divorce, it’s natural to want things to go as smoothly as possible — practically, emotionally, and financially. And one of the most common concerns people have at this...

Is there a way to protect your assets without a prenuptial agreement?

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When entering a marriage, few people like to think about the possibility of it ending. But with financial stakes often running high, it's only natural to wonder: how can I protect my assets, especially if I didn’t sign a prenuptial agreement? ...

How does child custody affect who stays in the family home?

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In today’s world, more couples are choosing to live together without getting married — a personal decision that works for many. But when it comes to property and legal rights, this choice can come with unexpected consequences. A common assumption...

What are the rights of unmarried couples regarding property ownership?

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In today’s world, more couples are choosing to live together without getting married — a personal decision that works for many. But when it comes to property and legal rights, this choice can come with unexpected consequences. A common assumption...

Understanding Spousal Maintenance: What Are Your Rights?

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What Is Spousal Maintenance? Spousal maintenance is a regular payment made by one ex-spouse to the other after divorce or dissolution of a civil partnership. It is to help the financially weaker party maintain a standard of living that is fair,...

What happens to the family home in a divorce?

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When a couple separates, one of the most emotionally and financially complex questions is: what happens to the house? The family home isn’t just a physical asset — it’s often the place where children were raised, memories were made, and...

Do I Have To Sell My House in a Divorce?

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Dealing with the shared matrimonial home can be one of the hardest aspects of a divorce. One or both parties often want to keep the property, which is usually a couple’s main asset. We look at how the courts deal with splitting a house in divorce and...

What happens if you have a joint mortgage and split up?

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If you and your spouse or partner own a property with a joint mortgage, one of you will usually be released from this if you separate. We explain the legal process and answer the question, What happens if you have a joint mortgage and split up? Dealing...

Understanding Spousal Maintenance: Key Considerations

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Spousal maintenance is financial support provided to a spouse post-divorce. Determining the amount and duration of maintenance involves several factors: Financial Needs and Resources : The court examines the recipient’s financial needs, including...

Pension Division in Divorce: Equalisation of Income vs. Capital

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When it comes to dividing pensions in a divorce , two main approaches are considered: equalisation of income and equalisation of capital. Equalisation of income ensures that both parties receive similar retirement incomes, maintaining a standard of living...

Understanding Parental Alienation

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Parental alienation is a distressing phenomenon where one parent manipulates a child to reject the other parent without legitimate justification. This behaviour can cause long-term emotional and psychological damage to both the child and the alienated...

Navigating Finances in Divorce: Needs vs. Sharing Claims

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Divorce often brings financial turmoil, necessitating a clear understanding of two key concepts: needs and sharing claims. Needs-based claims prioritise financial support to meet reasonable living expenses for both parties post-divorce, ensuring that...

Legal Framework for Removing a Child from the UK

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Under Section 1(3) of the Child Abduction Act 1984, it is a criminal offence for a parent or person with custody of a child to take or send the child out of the UK without securing the following: The consent of all individuals with parental responsibility...

Legal Guidelines for Changing a Child's Surname After Divorce

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In the aftermath of a divorce or separation, the decision to change a child's surname can be a significant issue. Understanding the legal framework is crucial for any parent considering this change to ensure the decision aligns with the child's...

Tips for Separated Parents Planning Summer Holidays

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Summer holidays can be challenging for separated parents, but with careful planning, they can also be a time of joy and bonding. Here are some tips to ensure smooth arrangements: Communicate Early and Clearly : Start discussing holiday plans well in...

Prohibited Steps Orders: Safeguarding Children's Wellbeing

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In family law, Prohibited Steps Orders (PSOs) play a critical role in safeguarding children's wellbeing by limiting certain actions by individuals with parental responsibility. This legal tool ensures that significant decisions affecting a child's...

What is a Special Guardianship Order?

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Special Guardianship Orders (SGOs) are vital legal tools in the realm of child welfare, designed to provide children with stable and secure family environments without severing their ties to their birth families. Introduced to fill the gap between full...

What is a court bundle?

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A court bundle is either a printed or digital collection of all pertinent documents in a family law matter. These documents are organised according to a specific format mandated by the court. Before each family court hearing, copies of the court bundle...

What is an Occupation Order and how can we assist you?

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An Occupation Order is a legal directive issued by a court that determines who can live in the family home. It can grant you the right to reside in your home and simultaneously prevent another person, typically an abuser, from living there or entering the...

What is a Judicial separation?

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Judicial separation order is an alternative to divorce which can be utilised where, for example, religious beliefs forbid divorce. Reasons to Seek Judicial Separation A judicial separation order can be sought: At any time after the marriage: ...

Navigating Part III Applications: A Deep Dive into the Matrimonial and Family Proceedings Act 1984

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Introduction Within the legal realm of England and Wales, the Matrimonial and Family Proceedings Act 1984 stands as a cornerstone legislation, offering a structured approach to resolving financial settlements in international divorce scenarios. Central...

Navigating Nuptial Agreements: A Positive Journey Post Radmacher v Granatino

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In the wake of the groundbreaking Supreme Court verdict in Radmacher v Granatino [2010] UKSC 42, the landscape surrounding nuptial agreements, spanning pre-nuptial, post-nuptial, and separation agreements, has experienced a notable evolution within...

Navigating Financial Remedy Proceedings: A Brief Overview for Couples in England and Wales

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When a marriage comes to an end, untangling financial matters can often be one of the most complex and challenging aspects of the separation process. In England and Wales, financial remedy proceedings provide a legal framework for resolving financial...

Navigating Child Arrangement Proceedings: A Guide to Starting the Process in England and Wales

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In cases where parents are unable to agree on arrangements for their children following separation or divorce , initiating child arrangement proceedings under the Children Act 1989 may be necessary to resolve disputes and establish formal arrangements....

The Evolution of No-Fault Divorce in England and Wales: A Step Towards Modernising Family Law

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Divorce, once a taboo subject, has become a common occurrence in many societies worldwide. In England and Wales, the legal landscape surrounding divorce has undergone significant transformations over the years, reflecting changing societal attitudes...

Is it still worth investing in the London property market?

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London has some of the most expensive property in the world, being ranked fourth most expensive globally for prime property and third for ultra-prime property. It is also highly popular with overseas property investors, with research previously having...

Licence to occupy - A good alternative for business?

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Acting as an agreement between a property owner and occupier, a licence to occupy gives the licensee non-exclusive possession of a property. This is typically for a set period of time, and can range from a single week to 12 months. Despite the differences...

What is a reasonable service charge?

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A service charge is a payment made from leaseholders to the landlord, which covers the cost of maintenance, management, and other services required within a building. For a service charge to be considered reasonable, The Landlord and Tenant Act 1985 ...

How does leasehold enfranchisement work?

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Are you interested in extending the lease on your property or buying the freehold? The process for doing so is called leasehold enfranchisement and there are many things that you will need to know in order to successfully navigate the process. In this...

What is a break clause?

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The relationships between landlords and tenants can be complicated, which is why it’s vital that leases and tenancy contracts are drafted correctly. When entering into a commercial or residential lease the circumstances of either party may change...

Man's home 'stolen' in conveyancing fraud

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Reverend Mike Hall was working in North Wales when he was informed that people were inside his Luton home, only to learn it had been sold without his knowledge by conveyancing fraud. Mr Hall was only informed of the property sale when his neighbours saw...

How Long Does It Take to Move House in the UK?

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Moving house is an exciting and significant event in most people’s lives, but it can come with its fair share of stress. For many people, the process of moving house can be daunting and overwhelming. A common question often asked is “how long...

Buying a Property With Tenants - Their Rights and Yours

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Within the UK, it is possible to purchase a property that already contains tenants. This is known as a tenant in situ. A tenant may be in situ if the current landlord is unable or unwilling to evict them before the sale. These properties are more likely to...

Why Are Fewer Over-55s Downsizing?

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2.9 million over-55s are planning to downsize their homes in the future. This is a 200,000 drop from 2018, when the number was 3.1 million. Legal & General estimated that three-quarters of over-55s own their homes, with many of these larger than the...

Top Tips for Signing a Commercial Lease

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Renting a commercial property is usually one of the biggest investments a business will make. Commercial leases are complex, however, and there are a number of issues to be wary of. It is important not to rush into signing a commercial lease without taking...

Japanese Knotweed - a Guide for Homeowners, Sellers and Buyers

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UK property owners’ land and homes are being infected by the rapidly growing species Japanese knotweed, which can damage building’s foundations and floors, as well as growing through walls and fences. Initially introduced to the UK in the 19 th ...

Leasehold Housebuilders to Allow Leaseholders to Buy Freehold at a Discount and Repay Unfair Ground Rent

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Leaseholders are being given the opportunity to purchase their freehold at discounted prices after being ‘trapped’ into leases that left them paying thousands in annual ground rent and struggling to sell their homes. Evidence that many leasehold...

Ban on Commercial Evictions Extended to March 2022

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The ban on commercial evictions has been extended to March 2022, it was recently announced. Under the ban, which was originally supposed to end on 30 June 2021, landlords will be unable to use the full range of enforcement options they would usually have to...

Increasing Numbers of First-time Buyers Are Spending over £1m on Their Properties

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House prices are rising, buyers are paying well over the asking price, and many cash offers are being made. In spite of the pandemic, the demand for houses remains strong and it seems as though first-time buyers are having to find ways of competing in a...

Common Landlord & Tenant Queries & Answers Arising out of Covid-19

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My residential tenant is in rent arrears as a result of COVID -19  – What can I do? Tenants continue to have a liability to pay their rent and abide by all of the other terms of their tenancy agreements. Unfortunately, if your tenant gets...

Wandsworth Council's Sprinkler Application Struck Out

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Mark Eaton of HPLP Solicitors has successfully acted for a number of leaseholders in striking out an application made by Wandsworth Council to the First-tier Tribunal under its statutory ‘service charge’ jurisdiction under section 27A Landlord...

Paying Service Charges Under Protest

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Service charges  can be paid and then challenged later. Or can they? The right to challenge after payment is found in the  Landlord & Tenant  Act 1985. That Act says that service charges cannot be challenged in the courts if...

New Assured Tenancy Notice Seeking Possession from 1/12/2016

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The Assured Tenancies and Agricultural Occupancies (Forms) (England) (Amendment No. 2) Regulations 2016 (SI 2016/1118) were made on 17 November 2016 and come into force on 1 December 2016.  The statutory instrument is here . The regulations amend the...

Relief from Forfeiture

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Pineport Ltd v Grangeglen Ltd [2016] EWHC 1318 (Ch) How long can a tenant wait before seeking relief from forfeiture? In this case a commercial tenant , whose long lease had been forfeited by peaceable re-entry for non-payment of rent, was entitled to...

Two cases about legal costs

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1. Chaplair Limited v Kumari [2015] EWCA Civ 798 Many landlords issue money claims for service charges arrears in order to obtain judgment as a precursor  to taking  forfeiture proceedings. Their claims will  be allocated to the small...

Leases and Private Residences

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We are seeing more and more cases where a tenant of a long residential leases lets out his or her property on short term lets.   In Nemcova v Fairfield Rents Limited [2016] UKUT 303 (LC) , Ms Nemcova gave evidence that she only let the property...

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