Month: April 2019

Posted on April 15 2019

When will no-fault divorce begin in the UK?

When will no-fault divorce begin in the UKThe Government has announced it will legislate for no-fault divorce as soon as parliamentary time allows. If you are keen to start your divorce and not sure whether to wait until the law changes, speak to an expert family lawyer.

What is no-fault divorce?

This is a way of getting divorced without raising conflict. Currently you have to rely on a reason:

  • Adultery
  • Unreasonable behaviour
  • Two years separation with consent
  • Desertion
  • Five years separation without consent

Allegations of adultery and unreasonable behaviour raise tensions, and if the divorce is contested, the only option can be to wait five years. The most amicable solution at the moment is two years separation with consent. No-fault divorce means the marriage has broken down but no one is in the wrong, and you don’t have to wait for years.

Why has the Government decided to act?

Resolution and other organisations have been lobbying. And the case of Owens v Owens has been in the news. Mrs Owens said her marriage was over because of her husband’s unreasonable behaviour. But he contested the divorce and she is now in the process of waiting five years to reach the end of her unhappy marriage.

Why is no-fault divorce a good idea?

Joanne Houston of Just Family Law says no-fault divorce will reduce conflict in divorce and protect children. She adds, “This presents an opportunity for parting couples to engage in a constructive rather than a destructive process.” Joanne is a specialist in collaborative family law which allows couples to reach amicable agreements, avoid Court proceedings, and move forward with dignity and positivity. See my post, What is collaborative family law. Other options are –

How will no-fault divorce work?

The details have yet to be fully formulated but there will be a minimum time from start to finish of six months. There will still be a decree nisi and decree absolute stage. See my recent post How to file for divorce for a basic guide to divorce under the current law.

Why is divorce an important stage in agreeing the finances? 

A Court order finalising the finances is only available once the first divorce decree has been granted (the “decree nisi”). Hence it’s a good idea to sort out the divorce and the finances at the same time. See my blog What Comes First Divorce Or Settlement.

When will no-fault divorce begin in the UK?

Contact Family Lawyer Joanne Houston on 01962 217640 for an initial free of charge consultation on the question When will no-fault divorce begin in the UK?

 In this 20 minute session she will review your situation and how you can achieve your objectives.

JUST FAMILY LAW are specialist divorce and family lawyers. We offer Pay as you go costs. We offer Collaborative law solutions tailored to your family’s needs.

The topics covered in this blog post When will no-fault divorce begin in the UK? are complex. They are provided for general guidance only. If any of the circumstances mentioned in this blog apply to you, seek expert legal advice.

image for When will no-fault divorce begin in the UK? Family Portrait by Eric Ward on Wikimedia

Read the article
Posted on April 4 2019

Do I need permission to take my children on holiday?

Do I need permission to take my children on holiday?

Can you take the children on holiday without permission from the other parent or the Court? It depends. In this blog I will set out what you need to consider. But as getting it wrong can have very serious consequences please get advice from a family law expert if you have any doubts.

The important factors you will need to consider are –

  • Is the holiday in England or Wales.
  • Or is it elsewhere – Scotland, Ireland or abroad.
  • Is it for less than 28 days.
  • Has the Court made a child arrangements order saying with whom the children will live.
  • Do you both have parental responsibility.

The holiday is in England or Wales

If the children live with you, you can take them on holiday without permission. If they don’t live with you, you can take them on holiday during a contact visit. But it’s best if parents discuss holiday plans well in advance in order to keep things amicable and to avoid misunderstandings.

The holiday is elsewhere – Scotland, Ireland or abroad

You can take the children on holiday without the other parent’s permission or the permission of the Court if –

  • there is a child arrangements order saying the children live with you, even if it’s not all of the time (as long as the time is defined), and
  • the holiday is less than a month (usually defined as 28 days)

For the lawyers and law students among you, this is set out in s.13 Children Act, the geographical extent of which is England and Wales. For everyone else, please read your child arrangements order carefully and all the way through.

But if the other parent doesn’t have parental responsibility (see below) you don’t have to consult them at all. However taking a child abroad where there is no child arrangements order and without the consent of the other parent when they do have parental responsibility is child abduction – a criminal offence. So if you have the slightest doubt, please get advice from a family law expert.

Here again, don’t forget to discuss your plans with the other parent in order to keep things amicable and avoid misunderstandings.

Who has parental responsibility?

  • all mothers
  • fathers who
    • were married to the mother at the time of the birth or subsequently
    • are named on the birth certificate (from 1 December 2003)
    • have entered into a parental responsibility agreement
    • have a parental responsibility order

Discuss your plans with the other parent 

This applies whether the children live with you or the other parent. Start discussing your plans as early as possible. Share your holiday itinerary. Take turns with significant holidays such as Passover, Easter or Ramadan.

If the children don’t live with you, you might be surprised how keen the other parent is for them to go on holiday with you. This doesn’t mean they aren’t a good parent, it’s just that they need a break. And if the children live with you, remember to respect their right to enjoy quality time with their other parent.

If you can’t agree,

may be the answer. In mediation or collaborative law, a family consultant can be involved to help with communication or non-legal issues.

Discuss your plans with the children 

Bracing walks on the coast might sound great to you but the children might prefer to laze around on a sunny beach. And don’t forget the children have their own commitments. Is there something coming up they really don’t want to miss? Or are exams on the horizon, should they be at home revising?

Make sure they stay in touch with the other parent 

When they’re away on holiday, even if they’re having a great time with you, they are likely to miss their other parent so work out in advance how and when they will stay in contact.

Seeing other family members

Don’t forget holidays are a valuable opportunity for children to see their wider family.

Grandparents

It can be difficult for grandparents to see their grandchildren, let alone come to an agreement to take them on holiday. See my blog Do grandparents have rights?

Do I need permission to take my children on holiday?

Contact Family Lawyer Joanne Houston on 01962 217640 for an initial free of charge consultation on the question Do I need permission to take my children on holiday? In this 20 minute session she will review your situation and how you can achieve your objectives.

JUST FAMILY LAW are specialist divorce and family lawyers. We offer Pay as you go costs. We offer Collaborative law solutions tailored to your family’s needs.

The topics covered in this blog post Do I need permission to take my children on holiday? are complex. They are provided for general guidance only. If any of the circumstances mentioned in this blog apply to you, seek expert legal advice.

image for Do I need permission to take my children on holiday? Caretta Beach Holiday Village on Wikimedia. This image has been adjusted.

Read the article