Month: September 2019

Who decides where a child lives after their parents separate?

Any separation can be difficult, but one that involves children can be particularly challenging and emotional.

The biggest decision that couples with children will need to make if they separate, is the children’s living arrangements.

Where possible, it is always easiest and less stressful for everyone involved if the family can come to an amiable agreement together.

However, this is not always possible. In instances where parents do not agree on where a child should live, they may need to seek help from one or more of the following:
•A solicitor specialising in family law.
•Mediation.
•The Family Court.

No matter which route you take to help decide the best living arrangements for your children, the welfare of the children is always considered first and foremost.

Family law solicitor
A family law solicitor will be able to advise you on all avenues open to you and provide you with sound legal advice and guidance.

Mediation
Mediation is a process guided by a trained, impartial, third-party that allows the two parties to have a constructive discussion and hopefully negotiate an outcome that all parties are happy with.

The Family Court
If an agreement still cannot be reached, then it may be necessary to apply to the Family Court for one or more orders to be made. A child arrangement order will decide who the child will live with, who they will spend time with, and when. In some cases, it may also be relevant for the court to issue a specific issue order or a prohibited steps order.

Lund Bennett are family law specialists based in Altrincham and Manchester. For legal help and guidance regarding disputes about child living arrangements, mediation services, or help applying for a court order, get in touch with our team of specialist solicitors by calling us on 0161 927 3118.

No Fault Divorce and Domestic abuse proposals may be revived in the Queen’s Speech

Two key bills which have a major impact on family law face an uncertain future given the recent prorogation of Parliament. Both the Divorce, Dissolution and Separation Bill and the Domestic Abuse Bill have been halted due to lack of parliamentary time.

As reported in the Law Gazette, both of the bills were a result of extensive cross-party work and follow years of campaigning for reform. As there was no cross-over motion pre-prorogation then if the Government brings the bills back the process may have to start from scratch in the next parliament.

A glimmer of hope comes from the Leader of the House of Commons, Jacob Rees-Mogg who has stated that the Domestic Abuse Bill is “likely” to be a feature in the new parliamentary session.

He heavily hinted that it will feature with in the Queen’s Speech, saying: “I can’t tell you what is precisely going to be in the Queen’s Speech but I think I can give a steer that it’d be a great surprise to all of us if this Bill was not revived very quickly.”

Parliament has been suspended by the Government and is due to return on 14 October 2019.

Unmarried cohabiting couples are the UK’s fastest growing family type

The typical family in the UK is changing, as more opposite-sex couples than ever are choosing to live together without getting married.

According to research by the ONS, whilst married couple families remain the commonest family type, between 2008 and 2018 the number of cohabiting couples grew faster than the number of married couples.

The figures show that the overall number of families in the UK has increased by 8% over the last decade, with the number of cohabiting couples increasing by 25.8%.

Meanwhile, since same-sex marriage was introduced in 2014, the number of same-sex couples getting married has steadily increased each year. Same-sex couple families have grown by 50% since 2015 and the number of same-sex married couples has doubled since 2017.

The data also shows that there are now more people than ever before living alone in the UK.

Legal protection for cohabiting couples

With 3.3 million couples now cohabiting in the UK, there have been calls to review cohabitation laws to keep up with the nation’s changing lifestyle trends.
Currently, cohabiting couples do not have the same legal protection as married couples. With over half of cohabiting couples owning property and financial assets together, it’s important that they seek legal protection.

One way that those cohabiting can gain some financial protection and security is by creating a cohabitation agreement.

A cohabitation agreement can be used to agree details about financial commitments and assets both whilst living together and in the event of a separation. The kinds of things that may be included in an agreement include who owns what assets, who is to pay what towards bills and living expenses, and in the event of a separation, where children would live, how property would be divided, and how debt would be split.

For help and advice with a cohabitation dispute or creating a cohabitation agreement, get in touch with our team of specialists here at Lund Bennett Law by giving us a call on 0161 927 3118.