Family Law

8.11.23

Common law marriage and everything there is(n’t) to know about it

The myth around the concept of common law marriage persists, despite it being just a myth.  Allied to this is a lack of understanding about the limited legal protection this ‘non-status’ provides. With the number of cohabiting couples drastically increasing over the years, we have seen a spike in enquiries from unmarried couples. The Office…

7.09.23

Gift or loan? How to deal with money received from the Bank of Mum and Dad when divorcing

It is common over the course of a marriage for a party to receive money from other members of their family; most often their parents.  Such transfers may be intended to financially assist a specific cause, for example, a deposit for a purchase of a property or home renovations. It may be that such transactions…

26.05.23

Is compulsory mediation in family law proceedings a good idea?

The government is running a consultation on the proposed use of compulsory mediation in family law disputes.  The aim of the consultation is to inform proposals which will support separating couples to resolve financial and child disputes without resorting to court.  One of the key proposals put forward provides for families in appropriate circumstances to…

4.05.23

Did you receive inadequate pension advice on your divorce settlement?

The importance of ensuring that you obtain comprehensive advice in relation to your financial settlement in divorce was highlighted in Lewis -v- Cunningtons Solicitors [2023] EWHC 822 (KB). In Lewis, the Court awarded Joanne Lewis £400,000 after finding that she had entered into an unfair settlement agreement with her former husband, Mr Mayne, because Cunningtons…

14.04.23

Financial remedy orders following divorce: The Matrimonial Causes Act 1973 turns 50, but is it still fit for purpose?

This year, the Matrimonial Causes Act 1973 (the ‘Act’) reaches its fiftieth anniversary. Unfortunately, not everyone in the family law community will see this as a cause for celebration. There are increasing concerns that the law the Act contains is now out of step with those depending on it, and    calls for reform continue to…

Minimum legal age for marriage has increased to 18

On 27 February 2023, the Marriage and Civil Partnership (Minimum Age) Act 2022 came into effect. The Act introduces a number of reforms to the law surrounding marriage. The most significant of these is an increase in the legal age for marriage or civil partnership from 16 to 18. Previously, 16- and 17-year-olds were permitted…

4.04.23

I have been kicked out – am I entitled to rent from my former partner?

Exclusion, compensation, and occupation rent When relationships involving cohabitation break down, it is very common for one party to leave the cohabited property, whether willingly or because they have no other choice. In such circumstances, the party that has left may be entitled to be paid rent by the remaining party to compensate for their…

9.12.22

Family law open evening

Brett Wilson LLP’s family law department will be holding an opening evening on 11 January 2023.  Those who attend will be able to have a free/no-obligation discussion with one of the firm’s specialist family law solicitors. The evening will run from 6.30-9.00pm and is aimed at anyone who requires help with any of the following…

3.11.22

Brett Wilson LLP ranked in The Times list of the top 250 law firms in England and Wales

Brett Wilson LLP has been listed in the Times Best Law Firms directory.  The directory lists the top 250 law firms in England and Wales (out of some 10,000 firms).  The firm is commended in the technology, media and telecoms category for its defamation and reputation management work. The firm’s entry can be found here….

14.10.22

Behind the veil of secrecy: the move towards transparency in Family Courts

For many years, Family Court cases have been shielded by stringent rules on confidentiality. Consequently, press reports have been rare, and in instances where high profile cases have seen a degree of press intrusion, reporting has usually been limited to a broad overview of the case. Despite this, the issue of transparency in the Family…