When a family separates, the timing and nature of family holidays can become an issue. There can be particularly difficulty where one parent wishes to take children abroad against the wishes of the other. It is a criminal offence to take a child out
Grandparents can perform an essential function in supporting parents with children. But, in a relationship breakdown, what if a parent stops a grandparent from seeing their grandchild? As a grandparent you do not have an automatic right to see your g
When a couple splits up the parties have to decide with whom their children shall live and how much they see of them. There is no longer any concept of “custody”. All mothers have parental responsibility (PR) which means all the rights, duties, power
What is taken into account when considering who gets what on divorce? The answer lies in the provisions of Section 25 of the Matrimonial Causes Act 1973. The section provides that it shall be the duty of the court to have regard to all the circumstan
All too often does a client present to us concerned that their spouse is disposing of matrimonial assets. It might be that they have cashed in a policy with a view to going on a spending spree or perhaps they have transferred funds to a third party.
Statistics covering the quarter ended September 2020 show a 26% increase in domestic violence remedies from the year before. What protection is available? What is a non-molestation order (NMO)? An NMO is designed to stop various kinds of abusive beha
Stepping over the threshold of your divorce lawyer can be a nerve-wracking process but it needn’t be. That’s if you follow this guide. Always speak to your solicitor before your meeting. Don’t simply speak to a secretary to book the appointment. My p
Media reports have it that Prime Minister Boris Johnson was writing a biography of William Shakespeare to fund his divorce from his second wife, Marina Wheeler. Others don’t have the luxury of penning a work of literature to pay for their divorce. So
Divorce statistics There were 107,599 opposite-sex divorces in 2019, an increase of 18.4% from 90,871 in 2018. This is the highest number of opposite-sex divorces recorded since 2014 when 111,169 divorces were granted in England and Wales. It is also
Couples intent on marrying or living together who have acquired new pets during lockdown should consider signing a legal agreement setting out who gets custody if they break up, a Surrey law firm has said. Camberley-based Foster Harrington said the s
A recent case has highlighted the importance of properly negotiating in family finance matters. In LM v DM, a wife brought proceedings for maintenance pending suit and interim periodical payments for the children. Mr Justice Mostyn said that the obli
Maintenance pending suit (MPS) does not often feature in the law reports so a recent case is noteworthy. MPS is a court process that financially supports one spouse by ordering the other to fund them during their divorce. This happens after divorce p
Bill and Melinda Gates have announced their divorce after 27 years of marriage, saying "we no longer believe we can grow together as a couple". The pair tweeted, "After a great deal of thought and a lot of work on our relationship, we have made the d
The Coronavirus pandemic has had a significant impact on so many aspects of our lives. It is estimated that more than 9 million jobs have been furloughed in the United Kingdom as part of the Government's job retention scheme. Despite this, we have st
Well- informed beneficiaries of an estate will know of the wonders of beneficiaries varying the terms of a Will after death to legitimately save tax; as ever, knowing something exists and having a fully operational understanding of a law are two enti
We are proud to announce that we have received a Gold Award from Cancer Research UK after facilitating over £1 million from clients pledging a gift in their Will for the charity. "Gifts in Wills fund over a third of Cancer Research UK's life-saving r
Divorce Parties must promptly reveal all their assets when required by the Court process so to do. Failure to do so only worsens the party's case with the Court taking a dim view of partial-disclosure or deliberate and improper de
Wills and Probate Administration Choose your Executors wisely; are they competent to deal with all the law and any taxation? When appointing lawyers are you confident they will deal efficiently and promptly with all matters; the Personal
Japanese Knotweed Problems continue where a property is found to have this invasive plant . Surveyors can be found negligent if they fail to spot it and owners can be subject to a claim for nuisance from neighbours if they allow it to "escape"
Planning permission is not required for many extensions now; single-storey rear extensions must generally not extend back more than 8 metres for a detached house and 6 metres for any other house. There are special rules for special locat
Once married is everything you both own all in the one pot ? Yes and No (give me a one-handed lawyer please - on the one hand ....on the other....) The starting approach is everything must be disclosed
Everyone is increasingly aware of fraud potential anytime we transact online; Some clients and solicitors have been duped and entire sale and purchase monies have ended up in the fraudsters bank account (from whence it immediately disappears abroad n
The controversial hefty increase in the court fees has been delayed as Brexit squeezes the life out of everything and there has been no time for it to be approved by Parliament; the proposed increase is controversial (and very possibly il
We all don't like the idea of dying and certainly not the idea of dying now. The Boss of a crypto-currency exchange died suddenly in 2018 giving no digital keys to his crypto-assets and over £100 million has therefore been lost . That is exceptional
The perils of depositing your Will with a lay executor were highlighted in case of Tessa Amstell deceased reported November 2018; in 2009 the deceased made her Will gifting her bungalow to her nephew, making gifts to charities and appointing her niec
Take advantage of our offer of a free half hour consultation at our offices for Family and Matrimonial , Wills , Probate. We also offer a free initial half hour conveyancing consultation at our offices on the proposed transaction should t
The IHT nil rate band is £325,000. For those of us who are married or in a civil partnership, any unused nil rate band can be passed to our surviving spouse or civil partner, producing a total tax-exempt band of £650,000.
A civil partnership is a legally recognised relationship between two people. At present, the law in England and Wales permits same-sex couples to marry (same-sex marriage was legalised in 2014 with the passing of the Marriage (Same Sex Cou
Sharp v Sharp  changed the way the courts divide up a divorcing couple's assets where the marriage is short and childless. The Sharp’s had been married for four years, following two years of living together. They separated in 2013 wh
Asking ten “critical” questions before embarking on a serious relationship can help couples thrive according to a 2018 study by the University of Exeter. Long-term relationships last when they are built on friendship, respect, realistic exp
Foster Harrington is the trading name of Foster Harrington Solicitors Limited. Foster Harrington Solicitors Limited is a limited company registered in England and Wales (with registered number 08472565) and its registered office is at the above address. It is authorised and regulated by the Solicitors Regulation Authority (SRA no 599319). VAT Registered No 384 3092 44.