Amelia Fernley, Trainee Solicitor at Sinclair Law Solicitors, looks at Declarations of Trust for cohabiting couples and explains their importance in setting out 'who gets what' in the event of a break-up, meaning that a dispute could be avoided. Our expert family lawyers can help draft a Declaration of Trust that best suits you and offer a free initial chat for all new clients. According to the 2021 census, approximately 60% of the population live in a couple and around one in five … [Read more...]
Who is entitled to have the children on Christmas Day?
Although it might seem too early to be discussing this matter, with the arrival of cold dark nights, it is becoming more apparent that Christmas is fast approaching and who is entitled to spend time with the children is one of the biggest issues facing separated parents at this time of year. Participating in child court proceedings is difficult enough without the added stress of trying to agree who will get to see the children on which days over the festive period. Especially if relationships … [Read more...]
Will I have to face my ex-partner in court if I am a victim of domestic abuse?
Having to attend a court hearing is unsettling enough for most people, let alone those who have been victims of domestic abuse at the hands of the other party. Having to face their abuser in court can affect victims mental and emotional wellbeing hugely, in addition to the initial stress and worries of being subject to court proceedings. As a result, the courts have enacted several provisions in order to protect the most vulnerable. Can I apply for special measures? In order to be … [Read more...]
Will I receive maintenance from my partner if I divorce?
There are two types of maintenance that you could be entitled to on the divorce or dissolution of your marriage, the first being child maintenance. Child maintenance Both parents have a legal responsibility for the financial maintenance of their child. Child maintenance is the contribution towards a child’s living costs by the parent who does not live with them. In order to be eligible for this, your child must be under 16, or under 20, but in full-time education up to A-levels or … [Read more...]
What is the role of CAFCASS in private children proceedings?
CAFCASS is an abbreviated name for ‘The Children and Family Court Advisory Service’. CAFCASS are an independent body whose role is to represent the interests of children who are subject to ongoing court proceedings. Although ultimately the decision as to what is best for the children is made by the Family Court, the role of CAFCASS is to safeguard children by advising the Court as to what arrangement would be in the children’s best interests. When an application is made at Court under the … [Read more...]
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