Articles, information and news on many areas of Family Law.
Written by Family Law Solicitor, and Partner, Jo Spain.
Family Law Matters articles the way you want them:
You should always consult your professional adviser for legal or other advice to match your unique situation. The materials on this site comprise SpainWilliams llp's views; they do not constitute legal or other professional advice. Please note our disclaimer.
Christmas is a special time – made even more magical when there are children in the family. It is wonderful to see them wake up on Christmas morning and peer into their stockings to see what Father Christmas has brought them.
It is difficult to accept that when you are separated from their other parent you may have to give up some of this time to allow them to spend time with the other parent.
Post your comment“I am separating from my husband and am in no rush to get divorced. However I have elderly parents, who are not in good health and I will inherit from them. A friend has told me that my husband could claim against any inheritance. Is this true?”
Post your comment“My husband and I have sold our house and are thinking of moving into a new place with our daughter and son-in-law. We intend to put some of our capital into the new place – is there any reason why we should have a formal arrangement in this respect?”
Post your commentThe answer is that you probably do. If their father has Parental Responsibility for the children (see another article "Can I stop my ex-partner taking our children abroad on holiday?" for more information about what Parental Responsibility is) then you will need to seek his permission to take them out of the country even if this was a day trip. The only exception to that is if you have a Residence Order in your favour and if you do then you are allowed to take them out of the country for up to a month without his permission.
Post your commentThe answer is that you may do. If your ex-partner has Parental Responsibility for the children then he will need to give permission for you to permanently remove them from this country to live elsewhere.
Post your commentThe simple answer is no. You can't change the locks if the property is in joint names as your partner has a right to live there. However if there is any domestic violence or threatening or intimidating behaviour towards you by him/her then it is possible to apply to the Court for an Occupation Order (commonly known as an “injunction”) which will mean that your partner can be prevented from coming into the property or sometimes prevents them from coming within a certain distance of the property.
Post your commentIt is true that a lottery winner was recently ordered to pay £2million to his ex-wife! Having won about £56 million on the lottery, his ex-wife saw the publicity and consulted her Solicitors.
Post your commentIn general (but not always) a woman takes her husband’s surname when she gets married. When you get divorced there is no legal problem in retaining this name and there may be several reasons why you wish to do so.
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