Family Law Blog

Guidance and advice on divorce, separation, and family law matters

Living with a partner who owns the house – what are your rights?

Living with a partner who owns the house - what are your rights

If your partner owns the house you live in, the law gives you far fewer rights than most people expect. Cohabiting couples have no automatic legal rights to property, assets or inheritance, regardless of how long they live together, and there is no such thing as “common law marriage”. Your…

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Breach of consent order: what happens and how to enforce it

Once a judge has approved a consent order, both of you are held to its terms, and failing to follow them can amount to a breach. If you believe your former partner has breached your order, your options range from a letter to a court application, and serious or repeated…

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Adultery and divorce: does an affair affect your divorce in the UK?

impact-of-adultery-on-divorce-in-the-uk

Adultery is one of the most common reasons a marriage ends, so it is natural to assume it will shape the divorce. Under the no-fault divorce rules introduced by the Divorce, Dissolution and Separation Act 2020, it does not. Adultery is no longer a basis for divorce, and in almost…

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Amicable divorce: how to divorce amicably in 6 steps

how-to-divorce-amicably-in-6-steps

“Amicable” and “divorce” may not seem to belong in the same sentence, and emotions will be running high. But approaching the legal process in a practical, cooperative way saves time, money and further heartache. This guide explains how an amicable divorce works in England and Wales, what it costs, and…

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What is legal separation in the UK?

what-is-legal-separation-in-the-uk

There are many reasons a couple may choose a legal separation rather than a divorce or dissolution: religious or cultural beliefs, having been married for less than a year, or needing time to decide whether the relationship is over. An informal separation can leave you exposed to disputes over joint…

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What is a Mesher Order?

what-is-a-mesher-order

A Mesher order is a court order that deals with the family home after a divorce. It is essentially an order for a deferred sale, with the property remaining in the couple’s joint names until a trigger event occurs. It takes its name from Mesher v Mesher and another [1980]…

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What is reasonable contact for fathers in the UK?

what-is-reasonable-contact-for-fathers

The rights of parents, and especially fathers, to spend time with their children after a separation can be a highly complex and emotive issue. It is unfortunately common to hear from fathers who feel they are being denied time with their children, and who want to know what they are…

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Can a consent order be changed?

can-a-consent-order-be-changed

Some FAQs for this blog post Get advice Dealing with divorce proceedings The legal process of securing a divorce can seem daunting. Even small mistakes can hold up your divorce or end up costing you extra, so it is sensible to seek expert divorce advice to make sure your divorce…

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Does the length of my marriage affect my divorce settlement?

The length of your marriage will have an impact on your divorce settlement. Generally speaking, the longer you are married, the more likely it is that your settlement will be closer to an equal division of your assets. What length does not do is set a formula, and no number…

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What am I entitled to if I separate from my husband or wife?

what am I entitled to if I separate from my husband or wife?

Separating from your husband or wife is likely to change your immediate living arrangements, but it changes your legal position far less than most people expect. If you separate without divorcing, you are still married, and nothing about who owns what is settled. That cuts both ways: you do not…

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Conditional order in divorce

The conditional order is one of the key stages in getting divorced in England and Wales, and one of the most misunderstood, partly because it used to be called something else. If you have started a divorce and reached this point, you are most of the way there. This guide…

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What does marriage mean legally?

What, actually, is marriage?

What does marriage mean legally? Most people think of marriage as an emotional commitment, but in law it is something more specific: a legally binding status that changes your rights and responsibilities towards each other, your finances, and your estate. Understanding what marriage means legally in England and Wales helps…

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