Guide to Inherited Wealth and Divorce
Inheritance that has been received or may be received in the future is not automatically included when splitting assets on divorce, but it can be taken into account depending on the circumstances. Our team of expert divorce lawyers in Milton…
Additional Legal Costs For Divorce If Your Spouse Doesn’t Use a Solicitor
It is often the case when parties are getting divorced and dealing with financial matters and arrangements in relation to their children, that each party will instruct a solicitor to act on their behalf and in their best interests. However,…
Understanding QLRs in Divorce and Family Proceedings
QLRs may at times be appointed in divorce and family proceedings. A QLR (Qualified Legal Representative) is someone appointed by the Court to conduct cross-examination in family proceedings on behalf of someone who is acting ‘in person’ – i.e. without…
Do I Have to Share My Pension With My Ex When We Divorce?
Married couples can seek a share in their spouse’ pension on a divorce. In comparison, cohabiting couples will not benefit from their partner’s pension, unless they are named formally as a ‘nominated beneficiary’ and this is not changed post separation.…
How to Protect Your Assets Before You Marry
There is no foolproof way to protect your assets upon a divorce. However, the best option for those couples who want to reach an agreement about what should happen with their assets if they divorce is to enter into a…
Can I Get Divorced in England If I Got Married Abroad?
The short answer is yes – if your marriage was conducted legally in the country you were married in. You will need to meet the other requirements for a divorce in England and Wales including having been married for at…
Who Gets Custody of a Child in Divorce?
For every parent going through a divorce or separation, making sure the children are well cared for and looked after is their first concern. The law prioritises the wellbeing of children too, as separating parents look to consider where their…
The Importance of Prenuptial Agreements
Marriage is a deeply personal and emotional decision, often accompanied by discussions about shared aspirations, family and future plans. However, amidst the excitement, it is essential to consider the practical aspects of married life, including financial security and asset protection.…
Latest 5-Star Reviews for Hawkins Family Law Divorce Solicitors
As leading family law solicitors and divorce lawyers, receiving positive feedback from our clients is always a joy and and backs up all the hard work and dedication from every member of the team at Hawkins Family Law. All the…
What is a Form E in Divorce and Do I Need To Complete it?
There is a duty of full and frank financial disclosure when going through financial proceedings on divorce. If Form Es are not exchanged, your lawyer can not advise fully on what a fair division of the assets may be, and…
Divorce and Looking After Yourself in 2024
It is important to recognise that change – however it appears – can create loss, endings, grief, uncertainty, but also hope, opportunity and new beginnings. Wherever you find yourself right now at the start of 2024, I urge you to…
Warmest Wishes from all at Hawkins Family Law this Festive Season
All our offices close at 5pm on Friday 22nd December and we reopen on Tuesday 2nd January at 8:30am Warmest wishes from all at Hawkins Family Law this festive season
Capital Gains Tax and Divorce
The transfer of assets between married couples does not attract capital gains tax (although it could give rise to stap duty). However, when a couple separates and divorce this position may change. In March 2023, the government introduced legislation (the…
How Does Divorce Mediation Work?
Mediation in a separation/divorce scenario involves both parties meeting with a mediator, who is an independent neutral person, who will help the parties reach agreement. The mediator cannot give advice to either party but can give information such as stating…
Resolution Awareness Week and Vision for Family Justice
We're supporting Resolution's Awareness Week which takes place from 27 November - 1 December. This year, to celebrate their 40th Anniversary, Resolution will be using Awareness Week to launch their Vision for Family Justice. Resolution is the national organisation promoting…
Faye Wright appointed Chair of the Resolution Milton Keynes group
We are delighted to announce that Faye Wright has been appointed Chair of the Resolution Milton Keynes group. Resolution is the national organisation promoting an amicable and conciliatory approach in family law cases. Joining Hawkins Family Law earlier this year,…
Expediting a divorce under ‘no fault’ law
Earlier this year, the Law Gazette published an article explaining how law firm Michelmores had successfully applied to reduce the mandatory 20 week ‘cooling off period’ between the issue of a divorce and the grant of Conditional Order. This spurred…
Can Divorcing Couples Share One Lawyer?
Until the recent Divorce, Dissolution and Separation Act 2020, the traditional legal model has seen solicitors only being able to act for one party to a dispute, so as to ensure that no conflict of interest arises in the dispute.…
Is My Ex Entitled to Half My Inheritance in Our Divorce?
One of the most common questions when people are getting divorced is whether they can keep their inheritance or whether they have to share it with their former spouse. Our team of expert divorce lawyers in Milton Keynes are here…
Hawkins Family Law Rated Band 1 by Chambers UK 2024 Guide to Top Lawyers
We are excited to announce that Hawkins Family Law has been rated Band 1 by Chambers UK 2024 Guide to Top Lawyers. With over 5,400 department and 12,900 individual lawyer rankings, Chambers and Partners research the UK’s top lawyers, differentiate…
Do I Need a Prenup?
Whether you need a pre-nuptial or pre-marital agreement (sometimes also referred to as a prenup) will depend on your individual circumstance. Many people believe prenups are only needed for the rich and famous but that is not the case. Whilst…
Hawkins Family Law Celebrate Being Top-Tier Firm in Legal 500
We are delighted to announce that Hawkins Family Law has been recognised and ranked as a Top-Tier firm in the new 2024 edition of The Legal 500. The Legal 500 is a leading legal directory used by both professionals and…
Parental Alienation in the Family Court
Parental alienation in the family court has hit the headlines recently, in the more attention-grabbing titles seen below. These articles and programmes detail the investigations made by the BBC in respect of mothers who have had their children removed by…
Who Pays School Fees after Divorce?
The average school fees to attend a private school in the UK are in excess of £15,000 a year. This is a serious financial commitment and is the main reason the subject of school fees often comes up when parents…
How to Sort Out Your Finances on Divorce
Whilst it is possible to divorce without resolving the finances, there are factors to consider before doing so. There are often financial benefits to being married, including tax incentives and pension benefits. Divorcing without a financial order may exclude these…
Who Pays the Bills When Getting Divorced?
Divorce can be a complex and emotionally challenging process. Beyond the emotional instability, it often involves financial obligations and responsibilities that must be addressed. One such obligation is the payment of bills. Every couple creates their own financial arrangements based…
Boosting Your State Pension and Keeping Child Benefit Entitlement
Whether or not you are entitled to child benefit depends on your personal tax position. If however, you have been automatically claiming child benefit it is important to remember to update HMRC after your child has completed their GCSE’s to…
Do I Need My Ex’s Permission to Take My Child on Holiday?
The short answer is yes if you both share parental responsibility and there are no relevant court orders in place you will need their permission. This also applies to any other person who has parental responsibility (PR) for your child,…
How Are Foreign Assets Divided in Divorce?
Assets overseas are treated in the same fashion in a divorce settlement to those assets held in this jurisdiction. The crucial first step is for the parties to look to agree on a valuation for the asset, which may require…
Solicitor Profile: Philip Hunter, Hawkins Family Law
A leading solicitor based in Milton Keynes, Philip Hunter specialises in a range of family law matters, including divorce and financial remedies, pre-nuptial agreements and private children proceedings. He also represents clients at Court at various stages of proceedings, particularly…
Is Everything Split 50/50 in Divorce?
There is no set formula when looking at a financial split within a divorce in England and Wales. The following article provides a general overview of the ways financial settlements are often reached and our team of divorce solicitors in…
Divorce and Pensions Explained
Pensions are considered to be one of the most frequently misunderstood and mismanaged elements of any financial settlement between separating spouses. For many people when separating, they naturally focus on the immediate issues – where am I going to live,…
Solicitor Profile: Annabel Hayward
A recommended lawyer in The Legal 500, who describe her as “striking a good balance between empathising and successfully navigating divorce cases” and “a pragmatic lawyer with a cool head”, Annabel Hayward has over 20 years’ experience in divorce and…
Navigating Different Generations in the Workplace: Building a Cohesive Workforce
In today's modern workforce, we find ourselves amidst a unique and diverse blend of generations, each bringing its own set of values, work styles, and perspectives. The inevitable differences between the mindset of different generations in the workplace is not…
Faye Wright joins Hawkins Family Law
We are delighted to announce that Faye Wright has joined Hawkins Family Law. A recommended lawyer in the Legal 500, Faye is an experienced and highly regarded family law solicitor known for her dedication and commitment to helping clients move…
Trauma in the Family Court
A few weeks ago my colleague Amina Le Gall and I attended a conference in Milton Keynes about trauma in the family court. Whilst it is still reasonably fresh in my memory, I wanted to reflect on the talks and…
Guide to High Net Worth Divorce
In high net worth divorce, assets are often held in complex financial products and arrangements, with wealth structured for succession and tax efficiency. High value divorces may involve business valuations, hereditary land, international trusts, offshore investments, jurisdiction disputes, and additional…
My Partner Wants a Divorce. What Happens Next?
Has your partner asked you for a divorce? This can come as a surprise and may leave you feeling confused, angry, hurt, and struggling to process what is happening. It is normal to experience feelings of grief, hurt, uncertainty and…
Resolution Together Divorce: one lawyer, two clients
Resolution Together allows one solicitor to work on a joint basis with two parties in a divorce by providing guidance and appropriate legal advice where required, to assist in resolving issues arising in connection with the children or the family…
Who Gets the House in a Divorce with Children?
Divorce is stressful at the best of times, but when there are children involved there are even more things to think about and balls to juggle. One of the immediate thoughts for many divorcing couples relates to where they are…
What Happens to Pensions When You Divorce?
When considering how to distribute the assets of a separating couple, the court has recourse to all the available assets and will ordinarily use the asset’s current value, as opposed to its value at any other time, such as when…
How to Care for Yourself During Divorce
Preparing for the divorce process can feel like a herculean task but with the right support it can be made much more manageable. To begin with it will be useful to apply the one day at a time approach. Each…
Am I Allowed to Invest My Money While I’m Getting Divorced?
It can be difficult to accurately predict how long it may take to resolve any dispute concerning the matrimonial finances following separation. Although consideration should always be given to the various forms of out of court dispute resolution available when…
Recognised as Leading Divorce Solicitors and Family Lawyers
We are delighted to announce that both Jo Hawkins and Loraine Davenport from Hawkins Family Law have been recognised as Wiselaw Leading Lawyers. Wiselaw is an independent organisation that researches, awards and lists the leading divorce solicitors and family lawyers…
Can My Ex Claim Part of My Business in the Divorce?
Business assets are considered assets of a marriage or civil partnership and are therefore potentially open to a claim by the other party to a relationship. This will include shares in a limited company, an interest in a partnership or…
HFL walking challenge – the results!
The final results are in! In week 4 we walked an amazing 417.01 miles - or 1016419 steps. Over the 4-week walking challenge, we covered an astonishing 1,588.44 miles - the equivalent of walking from our office in Milton Keynes…
Recommended in 2023 Index of Best Divorce Lawyers
We are delighted to announce that Managing Partner Jo Hawkins and Partner Loraine Davenport have both been recommended in the 2023 edition of the Spear's Family Law Index for the best divorce lawyers and family law solicitors for high-net-worth clients.…
My Ex is Filming Me and Recording Conversations – What Can I Do?
With a smart phone at their fingertips, everybody seemingly has the technology that was the preserve of James Bond and Q branch just 20 years ago. This brings almost limitless benefits in our day-to-day lives but can often be the…
The Do’s and Don’ts of Navigating Divorce
Going through a divorce can be a stressful, confusing, and difficult time. It is important to know from the outset that it is not a quick process, especially if children are involved. At the very minimum the process takes at…
HFL walking challenge – week 3 update
In week 3 of the month-long Hawkins Family Law walking challenge we covered an amazing 392 miles. Which means that so far we have walked a total of 1171.43 miles or 2,679,178 steps - the equivalent of walking from our…
Divorce and Finances – changes on the horizon?
Going through a divorce is often a hugely stressful and emotionally challenging period for any couple. Every year, tens of thousands of couples begin divorce proceedings and require a financial order recoding how their assets are to be divided at…
HFL walking challenge – week 2 update
The month-long Hawkins Family Law walking challenge continues with an amazing 433 miles covered in week 2! A total 346 miles were covered in the first week – the equivalent of taking us from our Milton Keynes office down to…
Do I Have to Share My Pension After Divorce?
Pensions are considered a matrimonial asset. As such, they are taken into consideration in divorce settlements. It is crucial for you to consider the range of options available when dealing with pensions and divorce. Our team of divorce lawyers in…
Hawkins Family Law walking challenge
For the past three years the team at Hawkins Family Law have challenged themselves to take part in a month-long walking competition to fundraise for charity. Started during lockdown, the idea was to get everyone up and about and to…
How Much Does a Divorce Cost in 2023?
In April 2022 no-fault divorce was introduced replacing the old grounds for divorce based on, amongst other things, unreasonable behaviour, adultery or two- or five-year separation. As there is now no fault alleged on court papers between a couple at…
Solicitor Profile: Holly Warren
Holly Warren is a leading family law solicitor in Milton Keynes. Holly joined Hawkins Family Law in 2017, immediately after graduating university with a first-class honours degree as well as the Kennedy Prize for ‘Best All-Round Law Student’. In November…
The Impact of Court Proceedings on Children
In the last few weeks I have concluded a matter involving, somewhat unusually, a section 91 (14) order that has been put in place for a period of 4 years until the child turns 16. After that age, the court…
What’s the Quickest Way to Divorce?
The new divorce law has now been in place almost a year. It offers a simpler process and aims to reduce acrimony. Our team of divorce lawyers in Milton Keynes can guide you through the no-fault divorce process and this…
What Is a No-Fault Divorce?
As we approach the anniversary of the largest change to the divorce process in a generation, it is worth reflecting on how successful the changes to the divorce process that were introduced in April 2022 have been and whether there…
Joanna Kwadrans Qualifies as a Solicitor
We are delighted to announce that late last year our colleague Joanna Kwadrans was admitted as a Solicitor. Joanna joined Hawkins Family Law in May 2018 whilst studying for her Diploma in Professional Legal Practice at the University of Law.…
Divorce and Digitally Disconnecting – advice and help
Please note that this article discusses serious issues and might be upsetting for people who have been affected. Unwanted digital access is abusive, as are many of the things it is used for – stalking, control, coercion, impersonation, theft of…
Can I Sell My House When Getting Divorced?
Divorce can be a complicated time, especially if you are thinking of selling the family home. Read on to find out from an experienced divorce solicitor what your options are if you want to sell your house while getting divorced.
Understanding Your Assets During a Divorce
One of the most common concerns that people have when getting divorced is what happens to any assets they hold whether shared or not. Separation and divorce can be very distressing, particularly when it comes to considering how you should…
How to Get Divorced
Divorce and the dissolution of a civil partnership can be a distressing, confusing and a generally frustrating time. As experienced divorce solicitors, we share advice below on how to best manage a divorce. Read on to discover what to expect…
5 Divorce Myths Debunked
There are many misconceptions about divorce. With the divorce law also ever changing, this has created several myths about the impact of divorce and the process. Here are 5 common myths about divorce that are simply not true! 1. I…
Divorce Mediation: What you need to know
At Hawkins Family Law, we are often asked about how mediation works within divorce or separation proceedings and whether it might be the right choice for you. Mediation in divorce is a method of negotiating with your ex partner about…
Early Neutral Evaluation: The Definitive Guide
Early Neutral Evaluation is an alternative dispute resolution option that is worth considering when you have reached the conclusion that sadly your relationship is at an end. When a relationship ends there will inevitably be issues that need to be…
What is a Deed of Separation?
A deed of separation, also known as a legal separation agreement, can be a valuable document for those considering separation from their partner or spouse. This agreement can be made between married or unmarried couples, providing support and guidance during…
Child Arrangements – Frequently Asked Questions
When clients come to us because of a child arrangement dispute, it is often the first time that they have needed a family law solicitor or experienced any form of interaction with the Court. It is therefore understandable to have…
Change, Hope and Looking After Yourself in 2023
Last year the country witnessed a great deal of change. Change on a political level, change in the monarchy, change in the cost of living. The impacts may have been large or small for you as an individual, however the…
Our Christmas opening times
All our offices close at 1pm on Friday 23 December and will re-open at 8.30am on Tuesday 3 January 2023. Warmest wishes from all at Hawkins Family Law this festive season.
Resolution Together: a new way for solicitors to advise separating couples jointly through a divorce
Those involved in family law disputes should always consider the appropriate forum for resolving their issues. Sometimes this requires the assistance of the court, but more often than not, other forms of dispute resolution will better assist. The Divorce, Dissolution…
What is Spousal Maintenance and How is it Calculated?
Following separation, there will commonly be payments for two different households, perhaps child maintenance too. It is common for separating couples to have some concern about how they will manage financially until a settlement has been agreed with their spouse.…
The Top 10 Benefits of Mediation
There are many benefits to mediation. It keeps matters outside of the court arena and generally is a more amicable way to approach all issues arising following separation. Mediation can cover a whole host of issues, including both child arrangements…
Can My Ex Claim My Pension When We Divorce?
A major research project in 2021* revealed hug gaps in pension wealth between men and women. The research shows that men aged 65 and 69 have more than six times the pension wealth of their partners, whilst for those aged…
What Does the Financial Crisis Mean for My Divorce Settlement?
I recently came across a Twitter thread about a recent divorcee who was lamenting the financial agreement reached with their ex-spouse. The agreement had resulted in this aggrieved party retaining a substantial amount of cryptocurrency whilst their ex-partner kept the…
How to Help Protect Your Business with a Prenuptial Agreement
It is becoming increasingly common for couples, when contemplating marriage, to enter into a prenup (or in the case of a civil partnership a pre-registration agreement). Whilst prenups are not legally binding in England and Wales, the Court on any…
How Can I Benefit from Family Mediation?
In family mediation you and your ex-partner meet with a mediator to help you to discuss issues and reach agreement on points in dispute. But what is a mediator? A mediator is an independent neutral person who facilitates the two…
Can I Keep the Dog? How Pets Are Treated in Divorce
When divorcing, most people will want expert legal advice relating to property, finances, assets, and children. But what about the family pet? Who will own the pet, where will it live, and who will pay for its food and vet…
Hawkins Family Law recommended as TOP-TIER FIRM in The Legal 500
We are delighted to announce that Hawkins Family Law has been recognised and recommended as a TOP-TIER FIRM in The Legal 500 2023 edition. For 33 years, The Legal 500 has been analysing the capabilities of law firms across the…
5 Things People Don’t Know About Divorce
Thinking about getting divorced can be daunting. How much will it cost? How long will it take? How can I get the support I need? Do I need to go to Court? Is it possible to keep matters amicable? Below…
How to Prepare for Your First Meeting with Your Divorce Lawyer
The first meeting is primarily an exchange of information between solicitor and client. Your solicitor will then be able to start providing specific legal advice which will help you in thinking ahead and planning the next stages of your divorce.…
Child Arrangements: 3 signs it’s time to bring in the legal experts
Deciding to see a family lawyer after your relationship has ended is a significant decision particularly if you have children and have been unable to resolve the arrangements for them going forward. Inevitably, you will want to put the needs…
One Fifth of Divorces Wrongly End Up in Court – what are the alternatives?
Last month, the BBC spoke with the president of the family courts in England and Wales – Sir Andrew McFarlane – who discussed his view that too many people were relying on the court system to resolve, in particular, children…
5 Things Everyone Should Know About Prenups
For many, prenups are part of the vocabulary of the rich and famous and often we may only be familiar with them from reading about celebrities. But here are five things that everybody should know about prenuptial agreements: 1. What…
The 10 Most Common Misconceptions About Divorce
Divorce can and should be a straightforward process. Unfortunately, there are a great many misconceptions about divorce. So, what are the most common erroneous assumptions people make? Here is our quick top 10: 1. That divorce causes out and out…
Why You Need a Cohabitation Agreement
You have reached the point in your relationship where you have decided to move in with your partner – an exciting time for both of you as you embark on the next step in your relationship. Perhaps you own your…
Cryptocurrency and Divorce: what you need to know
Cryptocurrency (crypto) is a term you’ve probably heard more and more in the last few years but perhaps you are not totally clear as to what it means, or what the implications are if this asset arises in divorce proceedings.…
School Fees and Divorce or Separation: advice to help negotiate how school fees are paid
The court has jurisdiction to make an order that a party to proceedings should contribute fully for school fees and associated costs for a child. In proceedings, the application to the court will usually show that the child in question…
Divorce, Uncertainty and Change: how to think about your running away fantasy
Our in-house consultant psychotherapist on why it is worth staying still and working on yourself and how you feel. By doing so you can then create the running away fantasy you really want “I don’t know about you, but I’ve…
Separated Families and Going Abroad: can I take my children on holiday?
It is always hoped that separated parents can work together to co-parent their children amicably and without any substantial issues. However, even the most constructive parental relationships can face disagreements. One common issue that we often see is holidays. When…
The Real Work in Divorce: how to choose yourself and think with clarity
The real work during divorce can often feel like meeting the needs of everyone around you while trying to make complex decisions about your future. This can feel wildly overwhelming. There are some interesting insights about why you can feel…
How Long Does a Divorce Take?
The divorce process can be complicated, distressing, and can occasionally take up a lot of time. Discussing your options with divorce solicitors can help make the process as painless as possible, so you and your ex-partner can speed up the…
Child Maintenance: how it is calculated and how to challenge it
To contact the Child Maintenance Service please visit https://www.gov.uk/child-maintenance-service or call 0800 121 8325. The following article, published by Hawkins Family Law, explains more about child maintenance and hopefully answers the most commonly asked questions about it. Since 2014, the…
The Divorce Application: Guide to No Fault Divorce
Applying for a divorce, dissolution, or judicial separation can be a difficult, stressful and upsetting time. To help you navigate the divorce application as easily as possible, in this article we set out the information you need to understand what…
The Perils of Acting in Person
At Hawkins Family Law, we recommend that each party in a divorce gets independent legal advice to ensure a fair and reasonable agreement is reached. Here we outline just some of the issues that can arise if one party decides…
Top Recommended in Index of Best Family Lawyers
We are delighted to announce that our Managing Partner Jo Hawkins and Partner Loraine Davenport have both been recognised as Top Recommended in the Spear’s Family Law Index 2022 for the best family lawyers for high-net-worth clients. The best family…
Surrogacy Arrangements Q&A
If you are considering a surrogacy arrangement, it is imperative to obtain specialist advice from the very outset. To make sure you are recognised as your child’s legal parent, providing you with Parental Responsibility, you will need to make an application…
Our new Central London office opens
We are thrilled to announce the opening of our new Central London office. Located just next to St Paul’s Cathedral in the City of London, the new office provides a full range of specialist divorce and family law services to…
Expert Advice for Divorce Cases Involving Farms and Hereditary Land
Cases involving farms and hereditary land represent one of the most challenging areas for the courts to deal with when considering how to distribute assets upon divorce. These assets tend to all carry a high capital value but often generate…
Civil Partnership Dissolution: Dissolving a Civil Partnership and How it Works
The ending of a civil partnership or civil partnership dissolution can be as difficult an ordeal as a divorce. Although marriages and civil partnerships are different, the breakdown of these relationships can both be disheartening and confusing to navigate. Read…
The Most-Searched Divorce Questions And Expert Answers
With divorce being such a potentially difficult topic to navigate and talk about, it can be hard to know what is true and where to turn to for help and advice. So, of course, many people first look to Google…
A Comprehensive Guide to No Fault Divorce
The highly anticipated and eagerly awaited no-fault divorce law changes come into effect from 6th April 2022. Whilst deemed the ‘new’ law, this in reality is putting in place the Divorce, Dissolution and Separation Act of 2020.
New Press Articles
We are delighted to have had 3 articles featured in online publications recently: Legal Brief - Changing attitudes and accessibility of prenuptial agreements Ideal Magazine - 5 tips for dealing with divorce responsibly and reasonably Legal Brief - The benefits…
New Year 2022
New Year is always a time for reflection and the making of resolutions. I usually take the approach that resolving to start something fun and affirming is useful. The journalist Ellen Goodman writes:
What if I want a divorce but my partner does not?
Applying for a divorce can be an extremely challenging and stressful time. Discussions about separation and divorce can often lead to upsetting and emotionally driven conversations about some of the things we hold most dear. As specialist divorce lawyers, Hawkins…
How is money divided in a divorce?
Deciding to get a divorce can be an emotionally difficult and challenging time for both parties. Divorce can be very distressing, particularly when it comes to considering how you should separate your finances. The current law on how money is…
What can’t you do during a divorce?
Many people ask their family solicitor what they should or should not do during a divorce. Every case is unique and it is always advised to take advice specific to your circumstances. However, some general guidance can apply to every…
Creating Healthy Boundaries
Between stimuli and response there is a space. In that space is our power to choose our response. In our response lies our growth and freedom Victor Frankl, Man’s Search for Meaning
‘No-Fault’ Divorce Law Delayed
Unwelcome, although not entirely unexpected, news came this week that the Divorce, Dissolution and Separation Act 2020 (no-fault divorce), a statute which will replace ‘fault-based’ divorce law, will now not come into force until 6th April 2022. This has been…
Spousal Maintenance & Joint Lives Maintenance Orders
A closer look at spousal maintenance & Joint Lives Maintenance Orders and how they are used within divorce financial settlements
Surrogacy: An Overview
Surrogacy is when a woman carries a baby for someone else who is unable to conceive themselves. There are many reasons why someone may consider surrogacy. This includes recurrent miscarriages, repeated failure of IVF, premature menopause, serious risk to health…
How do the family courts deal with coercive control – the impact of case of F v M [2021] EWFC 4
It is a form of domestic abuse. It is not specifically defined nor confined to any particular form of behaviour. It can be a singular act or a pattern. It can include violence or threats of violence as well as…
Divorce v Judicial Separation v Void Marriage
Most people will be familiar with the concept of divorce, even if they are unfamiliar with the nuts and bolts of the process itself. However, there are other mechanisms by which a marriage may be brought to a formal end,…
What to do when you decide to separate
What to do when you decide to separate - whether you are considering a legal separation or you have separated from your partner but are not ready to get divorced yet, we can explain the different methods of dispute resolution…
Guide to a Family Solicitor
There are many solicitors who undertake work in relation to family law. It is possible that by the time you feel that you need to contact a family solicitor, you will have already been through quite an emotional period. Therefore,…
A Guide to Divorce from Family Law Specialists
We understand that going through a divorce can be difficult and that often the period of time leading up to the commencement of divorce proceedings can be emotionally demanding. In this guide to divorce, we will explain the process and…
Happy New Year – 2021
New Year can often be a time of very mixed feelings. A drive for change and hope can often be mixed with apprehension about what the new year may hold. If you are driven towards making resolutions, try to make…
Child arrangements over Christmas – dealing with Covid
Throughout the Covid pandemic, the government and the family courts have been clear that children should spend time with both parents, if it is safe to do so. With the changes introduced at the weekend in relation to Christmas, it…
Making Child Arrangements: What Are the Steps?
When a couple separate, it is never straightforward and matters can quickly become contentious, even if you are both trying to keep things as amicable as possible. However, it is important that when making child arrangements, they are sorted as…
Child Arrangements & Going to Court: What to Expect
We are only too aware that, even when everyone is trying to resolve child arrangements amicably, sometimes an application to the Court needs to be made for a Child Arrangements Order. We understand that making a Court application in itself…
How to have a good divorce
This week is Good Divorce Week – an event put together by Resolution to highlight the ways in which is it may be possible to prevent a divorce turning acrimonious. Although perhaps seen by some as a trite cliché in…
Most Common Child Custody Outcomes
Following divorce or separation, it is natural for parents’ first thoughts to be directed towards future arrangements for their children. Many separating families will be uncertain as to what options are available to them and how they can be implemented.…
Lockdown & parental disputes over school
Although a second lockdown comes into force this week, there are some differences in the restrictions being imposed this time round. One of them being that children can still attend school. However, the current situation and uncertainty – coupled with…
Local press feature!
We are excited to have been featured recently in some local press. The article is about financial secrets that couples keep from each other. "For richer, for poorer” or “what’s mine is yours, and what’s yours is mine” are common…
What is a Consent Order?
If you have been to see a family lawyer, you have probably heard of a consent order , and encouraged to enter into one upon divorce.
Looking After Yourself on World Mental Health Day and Beyond
This year, World Mental Health Day finds us in the midst of a health crisis which has had – and continues to have – a profound impact on peoples’ mental well-being. The uncertainty generated by the global pandemic has left…
Divorce during a recession
The last few months have proved testing to us all in many different ways. From a relationship point of view, some couples may find they feel stronger in pulling together through uncertain times. Others may feel that lockdown and the…
The benefits of mediation during Covid-19
The Family Courts have been extremely busy during lockdown and adapting to a new system of telephone/online hearings along with illness from the pandemic itself has meant that they have had to prioritise certain hearings over others. Proceeding with a…
My ex has been made redundant, what happens to my maintenance?
The current economic climate is worrying for many. If you have maintenance payments in place, you may be concerned about what impact there will be on these should your ex be made redundant. Any financial settlement agreed with your ex-spouse…
Guide to Alternative Dispute Resolution
You may think that making an application to the Court in order to resolve a family law dispute - whether it be financial or child related – is your only option. However, with Court proceedings taking longer to move through…
How to create a Parenting Plan
Divorce and separation are painful for everyone involved – particularly children, who need support, love and good relationships with both parents. Settling a dispute about the arrangements for your children can be hard to do – it is inevitably a…
Can financial orders be set aside in the current economic downturn?
Covid-19 (coronavirus) has caused not only a devastating health crisis, but also an economic one. Even though lockdown restrictions are being lifted and employees are returning to work, it is seemingly accepted, nevertheless, amongst economists, financial experts and even the…
Cohabitation during lockdown – what are the legal implications?
After the government suggested that couples may like to lockdown together, many couples jumped into a cohabitating relationship far quicker than they might otherwise. But how many have considered the legal implications of cohabitation during lockdown? For example, if your…
What if my ex uses Covid-19 to delay divorce matters?
The Covid-19 pandemic has a wide-ranging impact on so many aspects of our daily lives and the family justice system has not been immune to being impacted. The Court has sought to make appropriate changes to its policies and processes…
Remote Hearings in the Family Court – Our View
It has now been a several weeks (and months) since the Covid-19 outbreak forced us all into a different way of working, and the Family Courts had to adapt – just like us all – to how hearings could take…
Case analysis – Re Q (A Child) [2020] EWHC 1109 (Fam)
The President of the Family Division, Sir Andrew McFarlane, (hereafter referred to as the President) recently handed down judgement in an appeal from a private law children decision. The judgement was handed down on 6th May 2020 and below is…
What you can do to help protect yourself from domestic abuse
If you, or someone you know, is suffering with domestic abuse, it can be difficult to know what measures you can put in place to help you. In this blog post we take a look at the options that are…
How will Coronavirus affect the value of my business if I am getting divorced?
Coronavirus (Covid-19) does not in itself impact the means of dividing assets in a divorce. The assets will, as usual, need to be attributed values, which are agreed by both spouses or accepted by a Court, and those assets then…
Why domestic abuse is on the increase during lockdown
The media have reported an alarming increase in reports of domestic abuse in the weeks since the UK has been on lockdown due to the coronavirus pandemic. The reasons why domestic abuse is on the increase during lockdown may relate…
How To Manage Co-Parenting During Lockdown
During these unprecedented times, with lockdown continuing and uncertainty about how or when it will cease, it may be harder than ever to co-operate with an ex-partner over contact with your child(ren). In these circumstances, how to manage co-parenting during…
Co-Parenting When One Parent Has Covid-19 (Coronavirus)
There is still a lot of uncertainty around the current Covid-19 outbreak, but the risk of catching the virus has not gone away completely, so how do you navigate co-parenting if one parent has Covid-19 (Coronavirus)? Firstly, let's looks at…
I have a black dog called depression
The current uncertain circumstances may be causing you to ask yourself questions such as: "Am I depressed?" "What does depression feel like?"; or "How depressed am I?" The reactions to the current climate can be both scary and destabilising. Seeking…
Court Hearings and Coronavirus: What You Need To Know
As a consequence of the current epidemic and the paring back of essential services, a number of hearings in the Court’s diary have been adjourned – essentially, deferred to a later date when resources allow them to be considered. If…
Child Arrangements and Lockdown: What You Need to Know
There is a lot of confusion surrounding child arrangements and lockdown and what should and shouldn't be done. Let's take a look at the most commonly asked questions. Firstly, separated parents of children in dispute over the child arrangements broadly…
Furlough and Child Maintenance Payments: What You Need To Know
The world may have changed a little since you set up payments in relation to child maintenance, especially if you have been furloughed. In this post I look at common questions that have been asked in relation to furlough and…
How Coronavirus will affect split families
Separated parents who share the care of their children may be understandably concerned about their child’s safety, health and well-being during the current outbreak and may be wondering how Coronavirus will affect split families. Many children of separated parents are…
Increase in divorce due to self-isolation
The current situation caused by Coronavirus is ever-evolving and a constant source of conjecture, and for some, fear. As we know, the Prime Minister recently imposed measures for us all to remain in our homes except for specified, essential workers…
Managing a Divorce during Lockdown
Those managing a divorce during lockdown or considering divorce will have some questions about how proceedings will be affected as the pandemic extends across the UK. Below I have outlined some of the issues couples will be faced with over…
Prohibitive Steps Order
In this blog post I answer some of the most commonly asked questions about a Prohibitive Steps Order.
Contact visits during the Covid 19 restrictions
There has been much confusion over the past couple of weeks in relation to child contact visits during the Covid-19 restrictions. The Government has confirmed that where parents do not live in the same household, children under 18 can be…
A New Start
It can be daunting to make a new start, however: “You can’t go back and change the beginning, but you can start where you are and change the ending.” – C.S. Lewis The end of a relationship, even if the…
Non-Molestation Order
In this blog post we look at what a Non-Molestation Order is, when you should apply for one and also answer the most commonly asked questions about them.
Child Maintenance
To contact the Child Maintenance Service please visit https://www.gov.uk/child-maintenance-service or call 0800 121 8325. The following article, published by Hawkins Family Law, explains more about child maintenance and hopefully answers the most commonly asked questions about it.
The Difference Between Decree Nisi and Decree Absolute
A Decree Nisi and Decree Absolute are each a single, unassuming sheet of paper. However, each has its own significant legal consequences, and they are both essential, chronological steps in becoming divorced. Both require an application to be made to the Court and are formally…
Spousal Maintenance
In this blog post I talk about spousal maintenance and hopefully answer the most commonly asked questions about it.
New Office Now Open!
We are delighted to announce the opening of our third office in Watford, Hertfordshire. This new location joins our existing offices just outside Milton Keynes and Bicester. Our new Watford office is situated near to Watford Junction station and will…
Clean Break Order
In this blog post I take a look at what a Clean Break Order is and answer some of the most commonly asked questions about them.
Common Law Partner
There are many myths and untruths surrounding the term 'Common Law Partner' or 'Common Law Wife'. In this blog post we take a look at what it means to be a Common Law Partner and what rights you have if…
How to Become a Legal Guardian
In this blog post, we answer some of the most asked questions about how to become a legal guardian. Please note that Hawkins Family Law does not offer these services directly. For further assistance that goes beyond the information provided below,…
Divorce Petition (Form D8)
Applying for a divorce, dissolution or judicial separation can be a stressful and upsetting time. In this article, we provide information to help you understand what is included in a divorce petition (D8 form) to help you proceed with your…
What is a Child Arrangements Order?
In this blog post I explain what a Child Arrangements Order is and aim to answer some of the most commonly asked questions about them.
Does my name automatically change when I get divorced?
This is a question that we are commonly asked, as it is easy to assume that, because your surname changes when you get married, equally when you get divorced, it will revert to your maiden name. However, this is not…
Parental Responsibility
Parental responsibility (also referred to as PR) is considered by some as something of a hazy concept, difficult to clearly explain, but we all know what it is when we see it.
Do I need to keep my Decree Absolute?
Your marriage certificate is irregular in size and tends to be coloured and, therefore, whilst people sometimes mislay it, most people know where it is. This is probably due to the fact that is signifies such an important event in…
Grounds for Divorce
Getting a divorce can be an uncertain, stressful time. If it is something you are considering, it is important to be familiar with the grounds you must use in order to get a divorce. Without a legitimate reason, you may…
What to expect in the New Year
As we move forward into a new year, and indeed a new decade, you may be considering some changes regarding your relationships. If you have decided to make some major life changes, this blog post can help with what to…
A Guide to Prenuptial Agreements
In this article we aim to address the most commonly asked questions about Prenuptial Agreements.
How to move forward into the New Year
The start of a new year, and this year a new decade, can give time for reflection about both the positives and the struggles that you may have experienced over the last year or even 10! Therefore, you may be…
Cohabitation Agreements
According to statistics, more couples are choosing to cohabit rather than marry. If you are considering cohabitation or are already living with a partner, it may be worth you entering into a cohabitation agreement in order to assist in the…
How much does a divorce cost?
If you are considering getting a divorce, one of the first considerations may be how much will it all cost me? And the answer is it depends! We have detailed below some common scenarios.
How to look after yourself during a stressful Christmas
Self-care is sometimes thought of as self-indulgent and time-consuming - perhaps even a little bit boring. If you are under pressure during a divorce or other legal proceedings you may feel time for yourself is limited. It is, however, an…
Should I divorce in England or Scotland?
This week, the Supreme Court is hearing a divorce case that could have significant implications for the parties considering “forum shopping” for divorce and financial remedy proceedings. Mr and Mrs Villiers married in 1994 and separated in 2012. The parties…
How to cope with Christmas following a separation
Christmas in particular can be a very stressful time for families newly broken apart by separation or divorce. This is the case not only for the children but also both parents – the one spending time with the children and…
How do the Courts deal with parental alienation?
In October this year, a case appeared before Mr Justice Keehan in the Royal Courts of Justice. The father in this case had applied for an order that his son (12) move to live with him. His son was at…
Sorting parental disagreements outside Court
Is court the most appropriate option for parental disagreements in relation to children? - Not always. When I first qualified as a solicitor nearly 25 years ago the Children Act 1989 had recently come into force, reforming the way the…
Can I get divorced if I don’t know where my ex-partner lives?
Divorces are legal proceedings and there is a fundamental rule in all legal proceedings that the responding party has a right to know the case against them. Courts have embodied this in the requirement for the Respondent to return an…
Financial applications in relation to Divorce
Whilst most separating spouses wish to avoid the necessity of having to involve the court to reach an agreement in relation to the financial arrangements between them, for many there is no other option. It is always advisable to explore…
The BB&O Law Society President’s Award
We are delighted that Jo Hawkins was presented with the BB&O Law Society President's Award. Below is the letter that was received by Jo. Dear Jo, The Berks, Bucks and Oxfordshire Incorporated Law Society President’s Award 2019 is well earned…
A Guide to Co-parenting
Moving from being part of a married couple and working together as a family to being separated parents who are attempting co-parenting can be hugely challenging, particularly if relationships between the parties have broken down or are difficult. Inevitably divorce causes…
Getting the most out of a meeting with your lawyer
Relationship breakdown can be complex and often money is tight, therefore getting the most out of a meeting with your lawyer is important. In order to get the most effective use of your time and your lawyer's, here are some…
How Brexit may impact family law
With a scheduled departure date of 31 October 2019, Brexit continues to loom large over all aspects of the daily news cycle. However, the potential impact on families appears to have gathered little fanfare. It is worth considering how Brexit…
How Counselling Can Help with Divorce Related Stress
Divorce is well documented as being a stressful time. So, it is particularly important to look after yourself – however difficult this may seem when you feel low down on your list of things to ‘do’ or care for. Divorce…
The Impact of Domestic Abuse on Decision Making in Divorce
As family lawyers, we understand that the urge to escape an abusive relationship, the stinging resonance of that abuse, and the impact of domestic abuse means that the easiest way out is to walk away with nothing. It is also…
Access to justice – Who needs lawyers?
I would firstly say that I’ve stolen the title "Access to Justice - Who Needs Lawyers?" from the Chief High Court Judge Justice, Helen Winkleman, in New Zealand. It is sobering that the problems facing our Family Courts are echoed…
What is Legal 500?
The Legal 500 United Kingdom is the leading guide to law firms in the UK and is aimed at buyers of legal services. The Legal 500 is revised and updated annually usually in September. Law firms are invited to make…
Love Island – what happens next?
A lot of people have been glued to the television every evening at 9 pm to watch the most recent series of Love Island. For those who do not watch it, the tv show follows islanders that are placed into…
Summer Holidays
With the school summer holidays now upon us, perhaps it is worth reflecting on how the law deals with children going on holiday with your ex-spouse. Where a court order is in place (governing whom the child should live with…
What Is Chambers and Partners?
Chambers and Partners have published guides to the legal profession since 1990. They identify and rank the world’s best lawyers and law firms based on in-depth, objective research. Chambers and Partners UK covers 50 cities and counties in England, Wales, Scotland and…
Is Therapy for Me?
Deciding to have therapy can feel like a big decision. People often feel they do not need to talk or cannot see how talking to ‘a stranger’ could help. Engaging in a therapeutic process is a brave but often hugely…
Service Of Key Court Papers By Whatsapp
Attention was brought to the High Court this week when the court was asked to consider if service of key court papers by online platform WhatsApp constituted valid service. “Service” is the method by which documents are delivered and passed onto a party with an interest in…
What Constitutes Value?
At long last, it appears that people are beginning to wake up to the concept of what constitutes value or not, as the case may be. I read the other day that, on analysing the travel insurance policies on comparison web sites (many of which…
Shared Care Orders
Following a separation, many parents apply to Court for a child arrangements order to formally set out the living arrangements for the child/children, known as a shared care order. Any person including a parent, grandparent, guardian or any other person…