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Divorce law blog

Bank of Mum and Dad and the family home


12/05/2017   By: Camilla Highmoor
Last week, statistics were published by insurer Legal and General stating that parents will lend £6.5 billion to their children to help them onto the property ladder in the coming year; an amount similar to that lent by the UK’s ninth-biggest mortgage lender, Yorkshire Building Society. L&G predict that parents of buyers will be involved in 26% of all property transactions and provide deposits for more than 298,000 mortgages.

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What is Parental Alienation, and how can I avoid it?


28/04/2017   By: Camilla Highmoor
The psychological and emotional manipulation of a child by one parent against the other, parental alienation has recently been described by Anthony Douglas, chief executive of the Children and Family Court Advisory and Support Service (Cafcass) as “a form of neglect”. In extreme, but sadly not unusual circumstances, this form of psychological abuse leads to the long-term, or even permanent, estrangement of a child from one parent and/or other family members. Research shows that parental alienation can also increase the risk of the child developing mental and physical illnesses and the likelihood of substance abuse and addiction in later years

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The kids are alright – financial support for separated unmarried couples


07/04/2017   By: Marc Saunderson
“We’ve lived together as common-law spouses, will my ex have to support me financially now that we’re separating?” There is a common misconception that couples who live together for a number of years obtain the same rights on separation as those who are married. In our survey, 26 per cent of those asked believed that unmarried couples who had been living together for more than a year had the same legal rights as married couples. For those cohabiting families that did have dependent children, the survey revealed that almost three-quarters of respondents (73 per cent) did not know what kind of support they would be entitled to for their children if they separated from their partner.

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How WILL I protect my assets?


06/04/2017   By: Caitlin Jenkins
“I have been cohabiting with my partner for years. We have no wills but surely they’ll inherit everything on my death?” What happens when one cohabitee dies? Our research revealed that 44 per cent of the cohabiting couples surveyed had not made a will. It is important to know what difference having a will makes because, unlike married couples, cohabiting couples have no right to inherit from each other under the intestacy rules.

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Safe as houses? The unmarried couple and the family home


05/04/2017   By: Nick Stone
“We’ve lived together as common-law spouses, do I have rights over my home now we’re separating?” Not necessarily. As shown by our recent survey, many people believe that unmarried couples who live together for a number of years have the same rights to property and financial support on separation as married couples. But there is no such thing as a common law marriage and the laws applied to divide a cohabiting couple’s property are very different from the laws used to divide a married couple’s assets.

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Myth of the common law marriage leaves cohabitees vulnerable, a new survey reveals


04/04/2017   By: Alison Bull
A recent YouGov survey commissioned by us here at Mills & Reeve highlights that many people who are unmarried but live with their partners do not fully understand their legal positions and have no idea what rights they would have if they were to separate in due course.

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What happens if my ex breaches a child arrangements order?


15/02/2017   By: Claire Molyneux
What can you do if the court has made a child arrangements order (CAO) relating to your child but your ex is not complying with it?

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Surrogacy and Separation


25/11/2015   By: Rose-Marie Drury
Putting your children first is often parents' first priority when separating. A few months ago I wrote about the impact surrogacy arrangements have on legal parenthood. So, what happens when intended parents of children born through surrogacy then separate?

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Listening to your children ..... #children first


24/11/2015   By: Alison Bull
Most parents who separate are worried about how their children will cope. You may feel very guilty that you haven’t been able to stop your relationship breaking up. Whatever the reason for the break up, and even though in the long-term it maybe the right thing for the family, its very likely that your children will not want it to happen.

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Protecting your right to be a parent in surrogacy arrangements


23/06/2015   By: Rose-Marie Drury
Having a baby through a surrogacy arrangement can often be a long and difficult journey for intended parents. It’s important to ensure that at the end of that journey your legal position as parents is protected. It’s estimated that up to 2,000 children are born each year to UK intended parents through surrogacy – the vast majority are born overseas in places such as India and California where commercial surrogacy is permitted. However, many intended parents are unaware that they need to apply for a parental order from the English court to become legal parents and last year only 241 applications were made for these essential orders.

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