Family Law
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Couples can now convert their civil partnership into same sex marriage
Same sex marriage came into force in England and Wales on 29th March 2014 and in the first three months over 1,400 same sex couples wed. From 10th December 2014, those in civil partnerships can convert to gay marriage. A… Read More
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Transferring property following the breakdown of a relationship
When a relationship breaks down, a decision will have to be made as to what should be done with the family home. It will often be the case that one owner decides to take on the other owner's share of the property and this can give you a… Read More
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Representing yourself in the family Court
Emsleys Head of Family Law, Gabbie Clasper, tells of the recent well-documented case of Bakir v Downe2014) which highlights the risks of representing yourself in the family Court without a solicitor or barrister. The case involved a… Read More
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Contributions to property by those unmarried, but living together
The Court of Appeal has recently published its decision in the case of Southwell v Blackburn [2014] EWCA Civ 1347 for an ex-partner to pay a lump sum to his previous partner when they split, despite them not being married and her name not… Read More
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Parental Involvement and Shared Parenting
From 22nd October 2014, the court must presume that the involvement of the parent (of whom a child does not primarily live) will further the child's welfare. The new piece of legislation (Section 11 of the Children and Families… Read More
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Adopted adults to be able to trace family tree
The Government plans to introduce new rules by November 2014 to enable those adopted as children, and the children, grandchildren and other relatives of those adopted, to trace their family history. As the law currently stands, only… Read More
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Hear Emsleys’ Understanding Divorce on air!
Plain English legal advice from our divorce experts.
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Children from the age of 10 to speak to Judges in family Court cases
As part of the changes to the family justice system in England and Wales, the Government has announced their intention to make it the norm for children aged 10 and over to have access to the judge who is asked to make decisions about where… Read More
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Our guide to a happy holiday during difficult family times
The summer holidays are almost upon us. For many that will mean sun, sea, sand and smiley faces. Spare a thought, however, for families experiencing the uncertainty of separation. Here are some tips and guidance to those families for whom… Read More
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Do I need to get my ex-partner's consent to take our child on holiday?
I was asked this question by a friend the other day. As a solicitor, I find I get asked legal questions by family and friends fairly regularly. Bizarrely, someone once asked me if he could fence off a piece of seemingly unused land and… Read More
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Is Family Mediation compulsory?
I saw a question on an online forum recently which asked whether or not divorce mediation was compulsory. In very general terms, mediation is not compulsory in family law matters and is certainly not compulsory in divorce. Anybody can… Read More
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A civil partnership can be converted to a same-sex marriage from 10th December 2014
Equalities minister, Sajid Javid, has announced that same-sex couples will be able to convert their civil partnerships to marriages from 10th December 2014. To do this, a couple will now have to attend a registry office and sign a… Read More