Pension sharing orders divide rights under a pension scheme so that each spouse has their own independent rights under that scheme or under two separate schemes. The pension has to be capable of sharing and the rights themselves must be of a shareable kind. The vast majority of pensions are shareable. The only significant exceptions…

On 6th April 2022 the Divorce, Dissolution and Separation Act 2022 came into force changing the process of divorce as we had known it for the previous 50 years.  We are now some 15 months after the introduction of the new law and in the main, the new procedure has been an improvement.  It is…

It is one of those matters people often put off dealing with, but it is sensible to make a Will so that the people you wish to benefit from the assets you have at the time of your death, actually  do. The Rules of Intestacy determine the distribution of a person’s estate where they die…

We thought it might be of interest to shed some light on some common myths regarding Family Law:- Is there such a thing as a Common Law Husband/Wife? No, there is no such thing as a common law husband or wife.  Unless you are married the law does not protect you if you simply live…

LEGAL AGE OF MARRIAGE IN ENGLAND AND WALES RISES TO 18 Vulnerable children across England and Wales will be better protected from the damaging impact of forced marriage as the legal age of marriage rises to 18 in England and Wales.  The Marriage and Civil Partnership (Minimum Age) Act 2022 came into force on  27th…

Special Guardianship Orders (SGO) There are some occasions when it is necessary for a person, other than a parent, to obtain parental responsibility for a child in their care. In these circumstances, anyone over 18 may apply to the Court for a Special Guardianship Order for a child they are looking after. Such an order…

What is Family Mediation? When relationships end emotions can run high and talking face to face can seem like the hardest thing to do. Sometimes you need help to get the talking started and focus on what really matters to you and your family.  That’s where mediation can come in. The idea behind family mediation…

Remote Hearings, Online Applications, and Increased Workloads – The Impact of Covid-19 on the Family Court On the 6th of January 2021, the England entered a third period of national lockdown in a bid to stop transmission of coronavirus, reduce the pressure on the NHS and save lives. However, whilst a necessary measure, this placed…

To vaccinate or not to vaccinate? The new question for schoolchildren. At a time when school children are supposed to be asking questions about homework or extracurricular activities, the announcement that the Pfizer Covid-19 vaccine is safe for use in children 12 – 15 years old, and that they can choose to receive it irrespective…

Married at first sight UK has become a reality TV sensation with viewers across the UK tuning in to watch couples tie the knot with complete strangers for a daring television experiment. As this series draws to a conclusion we consider the real life question of what can you do if you realise shortly after…

Resolution is a community of family justice professionals who work with families and individuals to resolve issues in a constructive manner. Resolution was founded in 1982 by a group of family lawyers who believed that a non-confrontational approach to family law issues would produce better outcomes for separating families and their children. We at RJT…

The court can make the following orders under section 8 of the Children Act 1989:- a child arrangements order; prohibited steps order and a specific issue order. A child arrangements order is an order specifying with whom a child shall live and when the child spends time with another. A prohibited steps order prevents a…

The small claims track limit has been amended to increase the small claims limit for personal injury claims arising from a road traffic accident (RTA) to £5000. The new limit will apply to claims where the accident occurs on or after 31st May 2021. For RTAs before 31st May 2021 and for accidents at work…

Maintenance pending suit (MPS) is financial support paid by one spouse to the other after divorce proceedings start until the divorce is finalised and a final adjustment of finances is made between the parties. Similar provisions apply to those in civil partnerships. Reasons for applying for maintenance pending suit Genuine need is the most common…

When England entered another national lockdown, the Lord Chief Justice said that no one should be asked to go to court unless strictly necessary and remote attendance must be the default position. According to HMCTS the number of family cases involving remote technology has increased by a  massive 90% since the pandemic began in March…

If you get divorced or dissolve a civil partnership, your pension assets should be taken into account as part of any financial settlement. Pensions should not be ignored as they are often the most significant asset after a house. The courts are able deal with pension arrangements in one of 3 ways:- Pension Sharing order:-…

The Law Commission has launched a consultation on provisional proposals to reform the law governing how and where couples can get married. The consultation period will run until 3 December 2020. The provisional proposals for reform are: • to allow weddings to take place outdoors, for example on beaches, in parks, in private gardens and…

From Monday 27 July, HM Courts and Tribunal Services is asking all court and tribunal users to wear a face covering in the public areas of its buildings in England. Court rooms will continue to be covered by the current government guidance, which states that court users may wear face coverings whilst in the court room.…

An infant approval hearing is sometimes referred to as a Damages Approval Hearing and takes place after settlement has been reached in respect of a child’s damages (compensation) following a personal injury claim. Unlike in an adult’s personal injury compensation claim, it is not enough for the Claimant to simply accept a settlement amount and…

From 1st June 2020 lockdown in England has been eased considerably with many children returning to schools and families and friends allowed to meet in groups of up to six provided that they observe social distancing rules when outside. There was much confusion at the start of lockdown back in March, when government ministers appeared…

In these unprecedented times some of us may, as we have more time on our hands, be thinking of making a Will or updating an old Will, but are unsure as to whether this is in fact possible due to the current Covid-19 restrictions. The answer is, yes, it is still possible to make and…

Court Protection from domestic violence; – Non-molestation orders and occupation orders. There have been many recent reports in the press about the increase in domestic violence that has occurred as a result of the pandemic. If you are a victim of domestic violence you can apply to the court for an “injunction” to protect you…

Certain family proceedings should not be conducted remotely said the President of the Family Division after intervening in a case involving a young girl living ‘in limbo.’ Proceedings in the case of Re P (A Child: Remote Hearing) began a year ago. The Local Authority said the girl suffered significant harm as a result of…

Current covid19 pandemic The work of courts and tribunals has been consolidated into fewer buildings in order to maintain a core justice system through the duration of the pandemic. This will seek to ensure that essential hearings that must still be held in person can go ahead whilst complying with public health advice. During the…

The Remarriage Trap The Matrimonial Causes Act 1973 sets out the rights of a spouse to seek a share of the matrimonial assets and maintenance. Buried deep within this legislation is the ‘remarriage trap’. Put simply, if you divorce and then remarry without first having made a claim for a financial order in the divorce…

APPLYING FOR A GRANT OF PROBATE When a loved one dies, it can be difficult to know what to do in respect of dealing with the deceased’s property, money and possessions. If the deceased left a valid Will the Executor named in the Will can apply for a ‘Grant of Probate’; if there was no…

Void and voidable marriages When are nullity decrees (annulments) important? When a party may not wish to divorce due to religious reasons; Where divorce is not possible as the marriage was void. However, a party may wish to have a decree of nullity if they wish to claim some financial relief from the other party…

What is a pre-nup and is it enforceable? When marriages end, a major source of stress for many couples is not knowing at the outset what the financial outcome of their divorce will be.  As many people are tending to marry later or get married for the second time, they enter into a marriage with…

  Many people considering a divorce do not appreciate that there is no automatic protection against future financial claims against them from their ex-husband or wife. We, at RJT Solicitors always advise clients to consider their financial positions carefully. Even if they do not believe that they have anything of financial significance it is still…

New transparency rules As from 6th December 2018, firms offering certain legal services will be required to publish price and service information on their websites. The rules apply to conveyancing (buying and selling residential properties) , uncontested probate for assets in the UK, motoring offences (summary offences), immigration (excluding asylum), employment tribunals (unfair or wrongful…

Can my partner claim my inherited asset if we divorce?   This question often causes concern for clients contemplating ending their marriage. In general, all of the assets arising from the marriage are pooled together for the Court to consider how they should be divided between the parties upon divorce. In each case, the  Court…

The current fee to issue divorce proceedings at court in England and Wales is £550. We are often asked if there is any help available towards this cost. The simple answer is yes, but only in certain circumstances. Help with fees is known as “fee remission” and an application can be made to the Court…

Proposed changes to the Child Maintenance Service The Child Maintenance Service (CMS) is frequently criticised for allowing non-resident parents to pay a fraction of what they should for the benefit of their children. According to research from the Department for Work and Pensions (DWP) more than half the funds received via Collect & Pay were…

DIVORCE REFORM COULD FOLLOW IN WAKE OF RECENT CASE In a landmark case, the UK’s highest court recently ruled that  a 68 year old woman must remain married to her husband. Mr & Mrs Owens married in 1978. He was 40 and she was 28. Their relationship was, according to Mr Owens, never emotionally intense…

What to do if you have a slip in a supermarket -Can you claim compensation? If you are shopping in a supermarket and simply trip over your own feet then that is not the fault of the supermarket owners but is simply an accident and no compensation would be available. If, however, you have an…

What is Parental Responsibility and how can you get it? As a grandparent you do not have Parental Responsibility (PR) for your grandchild. PR means ‘all the rights, duties, powers, responsibilities and the authority which, by law,  a parent has in relation to the child and his property.’ The child’s mother and most fathers would…

A  rise in the small claims limit for personal injury claims.. what does it mean?   The Government proposes to increase the small claims limit for all personal injury claims from £1000 to £5000. Whilst it is acknowledged that the limit has not been increased for 25 years and that the argument that an increase…

CAN I CHANGE MY CHILD’S SURNAME?   A parent is able to change a child’s surname by a change of name deed providing all those with Parental Responsibility consent to the name change. A change of name deed is a legal document which commits a person to the action set out in the document. By…

Taking your child out of the country on holiday – can you do it? With the school summer holidays fast approaching, many families are considering booking a trip abroad. However, there is much to think about over and above the actual booking of the holiday. Determining who has parental responsibility is key. Parental responsibility is…

What being an Executor of a Will involves Do you know what it means to be the Executor of a Will? Many of us are named as an Executor by a family member or a close friend, but what are your responsibilities? What does an Executor do? The person named in a Will as an…

No Fault Divorce  To get divorced, couples are legally required to assign blame for the relationship breakdown, unless they have lived apart for two years. This makes an amicable agreement between the couple more difficult and can have a negative impact on any children involved. Resolution, a community of family justice professionals who work with…

Is it time for an overhaul of the inheritance tax system? Inheritance tax should be scrapped and replaced by a fairer tax said the think tank Resolution Foundation. In its latest report into how to tackle unfairness between the generations, the think tank, chaired by former Conservative minister David Willetts, says inheritance tax is by…

If you have been injured in an accident at work, either at your place of work or at some other premises in the course of your employment there are some key things you should do: • Report the matter as soon as possible to a member of your management team and /or someone in authority…

A Separation Agreement is a document drawn up when you want to stop living together as a couple, setting out the arrangements you wish to make regarding finances, property and /or any children. Some couples may not be legally able to get divorced if they have not been married the required 12 months or, alternatively,…

Unmarried couples do not have the same rights as those couples who are married. Therefore their rights in relation to the property they share are guided by general principles of property law. When considering whether, for example, a former partner has an interest in a property bought in the sole name of the other partner…

The controversial whiplash reforms are likely to come into effect in April 2019 although lawyers will continue to fight to avoid such change. Lawyers claim the government’s Civil Liability Bill is unnecessary and not in the best interests of the lay person who has been involved in an accident and sustained injuries through no fault…

Losing a loved one can be a particularly difficult time for those left behind. Knowing the practical steps to take can help ease the burden. Registering the death is usually undertaken by a member of the deceased’s immediate family. A medical certificate stating the cause of death will be issued by either the doctor looking…

Even where you have been injured as a direct result of an accident by a driver who is either not insured and/or who drives away and remains untraced it is still possible to make a claim for compensation for any injuries sustained in such an accident. Uninsured drivers The role of the Motor Insurers Bureau…

If you, a friend or relative have suffered the trauma of being a blameless victim of violent crime in England, Scotland or Wales, you could be entitled to compensation from the Government’s Criminal Injuries Compensation Authority (CICA.) Compensation ranges from £1000 to £500,000 depending on the severity of the injuries. The rules of the Scheme…

How long it takes depends on a number of factors. If you are able to swiftly come to terms with your partner without having to go to Court, then it is possible that the whole process can be completed within 6 months. However, if you struggle to reach an agreement and there are a number…

A Lasting Power of Attorney (LPA) is a legal document that lets you (the ‘donor’) choose trusted people (‘attorneys’) to make financial decisions or health and care decisions on your behalf. LPAs were introduced by the Mental Capacity Act (MCA)2005 and replaced the old Enduring Powers of Attorney (EPAs) from 1 October 2007. An LPA…

What is a child arrangement order? This is an order which is usually made in court disputes between parents (called ‘private law disputes’.) If parents split up and cannot agree how to sort out living and contact arrangements for their children, then they can apply to the court for a Child Arrangements Order. Such an…

Negligence is the breach of a legal duty owed to one person by another which results in damage being caused to that person. Clinical negligence, sometimes referred to as medical negligence, is concerned with claims against doctors and other healthcare professionals and their employers. If you or someone you know has suffered from a preventable…

There are significantly more cars on the roads than ever before and life does sometimes feel time pressured with people often rushing around. It is therefore no wonder that there are so many road traffic accidents. If you are involved in an accident some simple points to be aware of: Take a note of or…