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    Family Law in 2024

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    As we come to the end of another year, our lawyers reflect on some of the changes (or lack of!) in family law in 2024, and the impact on people going through family law issues.
    Julian Hawkhead, Senior Partner
    Can it really be a year since I last wrote an introduction to the Stowe Family Law end of year blog? In many respects, time has flown by so quickly, but sadly, as my colleagues discuss in the following articles, where the need for reform in key areas of family law is concerned, progress is not as fast.
    Firstly a few words about Stowe Family Law. It has been quite a year for the firm as we continue increase our capability to support more people as they require family law services increasing the number of specialist lawyers across more locations nationwide. Throughout 2024 we opened more offices taking our total number of locations to 94 and we now have 205 specialist family lawyers. We also said goodbye to Livingbridge as our former partners with whom we have achieved so much over the last 7 years and we welcomed our new partners Investcorp to support us through the next exciting chapter. We have some really exciting plans so watch this space!
    With a new Labour Government in place, now is the time to prioritise a legal system that is there to protect the vulnerable and is readily accessible to those in need. It is an essential foundation for a stable and safe society.
    In other areas of the family law world, we have seen an increased impetus to keep couples out of the court system and encourage them to adopt alternative routes to reaching a resolution whether that is mediation or other forms of dispute resolution. The rules that have been introduced feel more stick (through costs sanctions) than carrot but there is no doubt that a resolution reached consensually is longer lasting and less damaging to all parties.
    The need for rights for couples living together without a legal marriage or civil partnership continues to be an area of focus for family law professionals, although there seems to be diminishing hope that the Government will prioritise reform here. A clear legal framework is necessary to define what happens when cohabiting relationships end is much needed.
    I hope you enjoy reading these short articles written by my colleagues and may I take this opportunity to wish you a very happy Christmas season and a healthy and prosperous 2025.
    Tamara Adams on development in fertility law
    This year has not seen as much progress in fertility law as we, as family law professionals, would have hoped. However, some steps have been taken with the amendment to the Human Fertilisation and Embryology Act 1990. Previously female same-sex couples had to undergo screening for infectious diseases such as hepatitis B, C and rubella which could cost up to £1000 and was prohibitive for many. As of November this year, the screening requirements for same-sex couples are on par with those for heterosexual couples as these requirements have been relaxed. In addition, same-sex couples where one or both partners have an undetectable viral load for HIV will be allowed to pursue IVF treatment.
    The ONS reported that women had an average of 1.44 children between 2022-23, the lowest recorded birth rates. Several reasons have been touted for this drop, including the impact of Covid-19, and social changes with women delaying having children to pursue a career. In this context, there is a need for change in fertility laws to make various methods of alternative journeys to parenthood more accessible and the legal process frictionless.
    Unfortunately, we are still awaiting key changes in surrogacy laws which many family law professionals hope to see. The complexities of legal parenthood being assigned to the birth mother, rather than the intended parents, followed by a lengthy process of transferring parenthood, is complicated, costly and stressful, and can be a deterrent. Recently, Baroness Meron met with the Law Commission to discuss the recommendations made in the Commission’s report which was released in March 2023. It is hoped that the Government will release a response soon, putting surrogacy on the agenda.
    I hope to see more change in 2025, particularly in surrogacy, to protect intended parents and make their journey to parenthood a joyful one.

    Ciara Pugh on the need for cohabitation rights
    Taking the media by storm this year was the fall in marriage rates, as reported by ONS, with rates falling to 49.4%, the first time they have dropped below 50%. Although same-sex marriages increased, and there were an estimated 167,000 people in same-sex marriages in 2022, overall marriage seems to be being replaced by couples choosing to live together as cohabitees.
    The fall in marriage rates reflects a changing society, and the need for the law to maintain pace with shifting priorities and family structures. There are a variety of reasons that could be attributed to the decline. For example, these ONS figures are from 2022, where the impact of the Covid pandemic was still being felt on the wedding industry. Nevertheless, the way we view marriage and relationships is constantly changing, and couples are either delaying or rejecting marriage entirely.
    What this does mean is more people are choosing to live together as cohabitees rather than getting married. Although cohabitation is the fastest growing family type in the UK, as it stands there is little to no financial protection for cohabitees should the couple break up or one party die without leaving a Will. This is the case regardless of length of time living together, or if the couple shares children (though there are some financial claims that can be brought for the benefit of children).
    Family lawyers have been campaigning for cohabitation reform for years. In October 2023, a glimmer of hope appeared in the form of Labour MP Emily Thornberry’s promise to make cohabitation a priority should the Labour Party take hold of Government. Disappointingly, such a reform has failed to land on the Government’s agenda as yet, leaving many individuals vulnerable should their relationship end.
    However, the fall in marriage rates has renewed calls for cohabitation reform. I hope that in the not-too-distant future, there will be financial protection for cohabitees. This could be in the form of an opt-in or opt-out system where couples choose whether they wish to have rights. These are unlikely to be the same as those afforded to married couples, but financial protection is needed to protect vulnerable individuals. Our new Labour Government is confronted with an exciting opportunity to finally reform this highly problematic area of family law and let’s hope we see some change!

    Rachael Lodge on the drive to avoid court
    The Family Justice System has been working hard over the past few years to reduce acrimony in divorce and family proceedings, and to ensure families going through relationship breakdowns have the best chance at setting themselves up for a more positive future. This is all within the context of a struggling court system which is underfunded and over-stretched.
    As such, one of the most significant changes in 2024 was an update to the Family Procedure Rules. These are a set of rules followed by courts nationwide which govern practice and standardise court procedures. In April of this year, the rules were updated to place a greater focus on reaching amicable agreements, using non-court dispute resolutions (NCDR) such as mediation, collaborative family law and arbitration.
    The main changes are a wider definition of what NCDR means, broadening the scope beyond just mediation, and including methods such as arbitration, collaborative divorce and private financial dispute resolution hearings.
    Divorcing couples will now need to actively engage in NCDR, or provide a valid reason why this is not possible by laying out their views in open correspondence. Parties now have to express why NCDR is inappropriate in their case using the new FM5 form (for example, due to safeguarding concerns), where before this was simply a tick box exercise. The exemptions for not taking part in NCDR are more limited, and failure to engage may result in cost sanctions. We have already seen this acted on by Judges in several cases in the latter half of the year.
    Although courts could previously adjourn proceedings where Judges felt NCDR would be appropriate, they can now do this without the agreement of the parties.

    The hope is that moving forward, parties family law issues will be able to find constructive ways to resolve differences instead of using the courts. This will not only give the family courts more breathing room but will mean families can build a better post-separation future. The Ministry of Justice is undertaking a wider push to support families by ensuring they are aware of all the options available to them and supported throughout.
    Emily Davies on the Pathfinder Pilot
    The Pathfinder Pilot was initially introduced in March 2022, launched in a small number of family courts, to trial improved information sharing between services like local authorities with the courts. The pilot was a response to a review into the Family Justice System that highlighted how the adversarial nature of family courts and the system itself worsened conflict and further traumatised domestic abuse victims and children. Almost three years later, now is a great opportunity to reflect on the change and development in the pilot itself, and the impact it has had on families.
    The pilot model requires detailed investigations to be conducted by Cafcass – the independent body advising family courts what is safe for, and in the best interests of, the children. Cafcass will prepare a Child Impact report, where they have an opportunity to hear from the child/children before the first hearing to better understand their worries, wishes and feelings, and to evaluate the potential impact of the ongoing family law proceedings, on the child/children involved. Cafcass also investigates any welfare issues, allegations of domestic abuse, and identifies whether non-court dispute resolution would be appropriate. The pilot aims to ensure that children of separating parents are listened to throughout the process, and are given more opportunities to express themselves, as well as improve the experience of survivors of domestic abuse.
    Furthermore, the Pathfinder scheme is working to minimise the trauma domestic abuse victims (and their children) experience going through the justice system when separating from their abusive partner. The improved information sharing through the holistic multi-agency approach and early onset information gathering, means victims do not have to be re-traumatised by telling their story multiple times.
    February 2024 saw the end of the initial phase of the pilot, and it was then rolled out to two further locations, Birmingham, and South-East Wales, ahead of a planned national rollout. Although the national rollout has yet to be confirmed, the progress made by the initial phases of the pilot have been positive. The change in process is being carefully monitored by legal professionals, as well as policymakers and Cafcass.
    At present, it is apparent that a national rollout is not yet on the cards. However, I hope a review into the pilot will be produced in 2025, looking ahead to a nationwide implementation as the family justice system moves towards less adversarial, non-court-based approaches.
    Read more about the Pathfinder Pilot.
     Jake Mitchell on AI and Family Law
    Technology is evolving, and in 2024 we have felt its impact in the legal world. Some of the fastest moving tech is the use of Artificial Intelligent (AI) and its usage in family law.
    AI is not robots, but computer simulation. In law, language models like ChatGPT have an enormous amount of data, phrases and sentences plugged in to predict “what comes next?” in a sentence, forming complex answers. AI can answer questions, but you should take care it is not always accurate. You may have noticed Google’s new AI Overview, which takes a question you’ve searched, and pulls information from various top performing sites to give you a quick answer without needing to click on a particular website. This is helpful to an extent but should not be taken as ‘gospel’ as if the source AI takes from is wrong, so is the answer.
    In family law, AI can be used to make our processes more efficient, saving the lawyer time and saving client money. AI can answer questions outside of office hours, check your documentation for spelling/grammar errors, summarise documents and even take a first-draft note of meetings. It can summarise long documents and organise your thoughts and papers. AI can also help with legal research, but beware, in the US there have been instances of AI entirely inventing cases.
    This is likely only the beginning of some more impressive changes. However, as the technology grows we need to be ever more mindful of the pitfalls. Errors are common, answers not always correct, and oversight of activity is very important. AI won’t replace everything your lawyer can do, and family law involves supporting people going through deeply personal, emotional issues, where empathy and understanding is required. AI cannot replace this, but it can be part of the team.
    Sarah Scriven on Domestic Abuse Protection Notice Pilot
    On 27th November 2024, domestic abuse protection notices (DAPN) and domestic abuse protection orders (DAPO) were introduced by way of a pilot scheme, expected to last one year. It is hoped that these measures will provide better protection to victims of domestic abuse.
    The pilot is taking place in certain areas: London boroughs of Croydon, Sutton and Bromley and Greater Manchester. The perpetrator must live in one of these areas.  The British Transport Police are also able to apply for DAPOs.
    A Domestic Abuse Protection Notice (DAPN) is issued by police to a perpetrator to provide immediate protection for victims of all forms of domestic abuse, even where there is not enough evidence for a criminal charge. The perpetrator and victim must be personally connected. The police must consider that there are reasonable grounds to believe that a person has been abusive to the other person. The DAPN contains specific instructions to the perpetrator, for example not to attend the victim’s home. If the instructions aren’t followed, the perpetrator could be arrested. If the police issue a DAPN, they will also apply for a DAPO.
    A DAPO can also be made by the court to protect victims from all forms of domestic abuse. This order may be made by the court during ongoing criminal family or civil proceedings.  Applications may be made by the police, a victim or by someone not directly involved known as a third party, for example a friend, family member or social workers. Breaching a DAPO is a criminal offence.
    Prior to the pilot, the police could issue domestic violence protection orders, but these only last for 48 hours. A victim could make an application to the family court for a non-molestation and/or occupation order and in the criminal court, a restraining order could be made.
    The introduction of the DAPN and DAPO give victims, but also organisations such as the police and social workers and third parties such as a friend and family an avenue to use to seek protection and it will no longer be down to the victim to make the relevant application themselves.
    A DAPO has no maximum duration, and the court will consider how long it needs to last to protect the victim. A non-molestation will usually last for between 6 to 12 months but can last longer in exceptional circumstances.
    If the pilot is successful, DAPNs and DAPOs are expected to replace domestic violence protection orders. It is hoped they will give police a tool that is more effective and provides longer term protection to victims.
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    Final Word
    I hope you have found this wide array of topics interesting and should you want to find out more about any of the topics we have covered here or any other family law issues please do not hesitate to get in touch.
    With best wishes for the festive season,
    Julian Hawkhead More

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      Legal Q&A: “We’re separating after 16 years, what are our rights?”

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      Family Lawyer Judit Kerese answers key questions about unmarried separation and shares guidance on how separating parents can secure and future-proof their agreements, even without the formal legal framework of a divorce.

      “After 16 years of marriage, we’re separating and unsure what our legal rights are. We have two children, aged 7 and 10, and their happiness and stability are our top priority. We both work full-time and we own our home. We’re considering birdnesting to minimise disruption for the kids. The family home is our main asset, so we need to figure out how to make this financially feasible. We’re on good terms, but navigating the practicalities of separation is feeling overwhelming.”

      Q: Does not being married affect our legal rights in separation?
      A: First of all, I completely understand how overwhelming separation must feel, especially after sharing a life and family for so long. With some guidance we can help to ease the strain on you both.
      It’s important to know the law in the England and Wales does not recognise “common law marriages,” even after 16 years of cohabitation. This means that you don’t have the same legal protections a divorcing couple would have when it comes to dividing assets or seeking financial support from each other.
      As your main asset is the jointly owned home, we’d need to check whether you own the property as joint tenants, where both owners have equal rights to the whole property and it automatically passes to the surviving owner upon death, or tenants in common, where each owner holds a specific share of the property that can be passed on to beneficiaries of their choice.
      If you are joint tenants, you both own the entire property equally, and severing this agreement might be worth considering so you each have a defined share. This also ensures that your portion can be passed on to someone of your choice through your Will, rather than it automatically going to your ex-partner. 
      This is a lot to process, but knowing where you stand legally is a crucial first step. 
      Read more about property and separation: Buying a home with my partner: What if we split?
      Q: We’ve decided on a 50/50 parenting arrangement after separation. How can we ensure this works well for the children in the long term?
      A: It’s commendable that you’ve come together to agree on shared parenting. Having both parents equally involved can help give your children a sense of stability as they adapt. 
      Once you’ve agreed detailed arrangements for your children between yourselves, we recommend that you draw up a parenting plan to refer back to if needed. This is a written agreement that can outline a range of decisions including:

      How you will rotate childcare.
      Who picks the kids up from school.
      How holidays and birthdays will be managed.
      Decisions about school and health.
      How costs and expenses will be split.
      Parenting approach and boundaries.
      How often you will review the parenting plan.
      Any detail that is important to you and your family.

      This plan helps minimise misunderstandings or disputes further down the line and helps to ensure everyone involved knows what to expect.
      Q: What are our options if we can’t see eye-to-eye?
      Even with the best intentions, disputes can arise and create barriers to amicable agreements.
      If you and your ex are not able to resolve issues between yourselves, family mediation can help. With the support of an impartial mediator, you can talk matters through and find solutions collaboratively. If mediation is unsuccessful, you can enlist the help of a Family Lawyer who will negotiate on your behalf and work to forge a plan that meet’s your child’s needs.
      Where issuing court proceedings is the only way to find a viable resolution, your lawyer can help you apply for a Child Arrangements Order through the court. This means a judge will decide where the children will live and how much time they spend with each parent, making it a last resort when all other avenues have been exhausted.
      It’s never easy, but being proactive about planning can prevent unnecessary distress for children and parents alike.

      Q: We want to keep the house and ‘birdnest’ so the children can stay in their home. Is this realistic? 
      A: Birdnesting, where the children stay in the family home and the parents take turns living there, can provide a sense of stability for the kids when other aspects of their life are changing. It means they can stay in familiar surroundings, which can be incredibly reassuring.
      However, this long-term arrangement comes with challenges, especially financially. It’s likely you will would need to maintain three homes: the family home and each of your separate living spaces. This could place a significant financial burden on both of you. Plus, over time, things may change, new relationships, different financial circumstances, or just the toll of maintaining such an arrangement long-term can make it difficult. 
      A practical solution would be to review the arrangement regularly. If it becomes too challenging, it’s important to have a plan in place to reassess the situation. Maybe you decide together when the children reach a certain age to move towards a more traditional arrangement. Flexibility will be key here. 
      Q: What about child maintenance or financial support, how does that work? 
      A: Child maintenance is handled by the Child Maintenance Service (CMS) in most cases, which ensures both parents contribute to the children’s expenses. Since you’ve agreed on 50/50 parenting, maintenance may not be necessary unless one of you earns significantly more than the other. In that case, adjustments could be made to ensure the children’s needs are met. There is a useful government tool to help you calculate child maintenance and ensure your children continue to get the right financial support as they grow up.
      Many parents decide to agree that additional payments, such as the cost of extra-curricular activities, are met jointly or in proportion with each parent’s respective income. 
      It’s worth noting that because you’re not married, there’s no right to spousal maintenance. However, if one parent struggles to meet the children’s basic needs using their own resources and child maintenance payments, they can apply for financial support under Schedule 1 of the Children Act. 
      Q: As we separate, should we make a legal agreement to protect ourselves and the children?
      A: Yes, I would highly recommend drafting a detailed separation agreement. This can outline how you’ll handle day-to-day financial responsibilities, maintenance of the family home, who can and cannot stay at the property, and how decisions about the children will be made. While this type of agreement isn’t strictly legally binding, courts often take it into account if disputes arise later. It also serves as a helpful guide to avoid misunderstandings. 
      It’s a good idea to include some flexibility and provision for review of the agreement. Life changes – whether it’s finances, living arrangements, or new relationships – so it’s important to have clauses that allow you to review, adjust, and even end, the agreement as needed. For example, you might decide to sell the family home in the future, and having a clear plan for how that will be handled could prevent conflicts when the time comes. 
      Understanding the broader impact of separation
      Separating after such a long time, especially when you share children, is an emotional and complex process. You’re not just navigating the practical aspects of splitting assets and parenting, but also dealing with a huge emotional shift in your family’s life. 
      Being mindful of the toll this takes on you all means that clear communication and careful planning will be your strongest tools. The goal is to find solutions that work for everyone, allowing your children to feel supported and secure while giving you both the space to move forward with your lives. 
      Summary of recommendations for separating parents

      Legal advice on home ownership: Determine if you own the house as joint tenants or tenants in common. If it’s joint tenants, consider severing the tenancy to formalise each partner’s share, which will protect you legally in the future. 
      Parenting plan: Formalise your 50/50 arrangement with a detailed parenting plan. This will help reduce misunderstandings and create stability for your children. 
      Financial feasibility of birdnesting: Regularly assess whether maintaining multiple homes is financially sustainable. Consider creating a separation agreement that allows for periodic reviews of this arrangement. 
      Separation agreement: Draft a separation agreement that includes financial responsibilities, maintenance of the family home, and a plan for future changes such as selling the property or new relationships. 
      Mediation for disputes: If disagreements arise, mediation can be an effective and less stressful alternative to court. It’s often less adversarial and can help keep focus on the children’s wellbeing. Do consider seeking legal advice during the mediation process.

      Separation FAQs
      Q: Will a separation agreement protect us if we fall out in the future? 
      A: While it’s not legally binding, courts often respect separation agreements if they are clear and agreed upon by both parties. Having a structured plan in place can prevent misunderstandings and disputes in the years to come. 
      Q: What happens if our financial situation changes, and we can’t afford the birdnesting arrangement anymore? 
      A: It’s important to include a clause in your separation agreement that allows for regular reviews of the birdnesting arrangement. Doing this means that if the situation becomes unaffordable, you can renegotiate or bring the arrangement to an end. 
      Q: We’re trying to avoid court. What should we do if we can’t agree on something? 
      A: Mediation is usually a great tool when discussions break down. It’s less confrontational than going to court and can help you resolve disputes in a more collaborative, and cost-effective way. It’s vital to also get independent legal advice to ensure that you understand your rights. 
      The process of separating is undoubtedly challenging on many fronts but by seeking the right guidance and taking these practical steps, you can help reduce the strain on both you and your children.  
      It’s about balancing the need for fairness and financial security, sensitively managing the emotional impact of unmarried separation, all while prioritising the needs of your children. By keeping things constructive and focused on reaching workable solutions for the future, you can navigate this transition as smoothly as possible.  
      Useful links
      Cohabitation rights and separation

      How to successfully co-parent More

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      in Family Law

      Marriage Rates Fall Below 50% in England and Wales

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      Marriage rates fall below 50%: more calls for cohabitation reform
      New ONS statistics have revealed that marriage rates in England and Wales are continuing to fall year-on-year. For the first time since comparable records began, the percentage of people over 16 who are married or in a civil partnership has dropped below 50% to 49.4%.
      Solicitor Abi Jones examines what this means and the pressing need for cohabitation reform.
      Relationships and the way we view marriage as a nation is constantly changing but sadly our laws are failing to keep pace with modern family structures. Different types of families like blended, cohabitees and single parent families and even platonic co-parenting are over-taking marriage as more popular ways to have relationships and children.
      However, same-sex marriages have increased, and it is estimated that the number of people in these marriages in 2022 is around 167,000. This has increased dramatically from 26,000 in 2015 but marriage in general continues to decline in popularity.
      It is clear to see that there is an ever-increasing populace of couples who are not getting married or entering into a civil partnership, instead choosing to live together without any of these ‘official’ statuses in place. The ONS figures noted that the increase has reached more than a fifth of over 16s in England and Wales, from 19.7% in 2012 to 22.7% in 2022.
      These statistics from ONS have led to more and stronger calls for reform in this area as marriage rates decline but cohabitation continues to be the fastest growing family type in the UK.
      Cohabitation reform has long been discussed, and an introduction of a Cohabitation Rights Bill that aimed to establish a framework of rights and responsibilities for cohabiting couples however this still needs to take the normal course through Parliament and be subject to scrutiny and parliamentary debate before it can be formed into a law and implemented.  At the Labour Party Conference 2023, Labour MP Emily Thornberry announced Labour’s commitment to reforming cohabitation laws if they win a general election.
      Currently if a couple is cohabiting but not married or in a civil partnership, irrespective of the amount of time that they have been together, there is no entitlement to a share of the other’s wealth upon the relationship breaking down.  It does not matter how the finances were arranged within that relationship, nor does it matter how long the parties have been together. The idea of the ‘common law marriage’ is entirely mythical.
      The reality is that if a cohabiting couple separate, they will have no claim for financial support or claim to share the other party’s wealth upon the breakdown of that relationship.  These couples are often left having very limited rights upon separation and having to potentially wade through more complicated areas of law such as the Trust of Land and Appointment of Trustees Act claims.
      Until such time that there is a cohabiting rights bill and due to the lack of rights and protections afforded to unmarried couples they should consider getting advice from solicitors and potentially enter into a cohabitation agreement.
      Useful Links
      Cohabitation Client Guide
      Stowe Support resources for Cohabitation
      What rights do cohabiting couples have? Watch on Youtube or Listen on Spotify
      Taking control of your finances on separation and beyond with Lottie Kent: Listen on Spotify More

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      in Children

      Introducing Stowe talks podcast series 4

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      Stowe talks podcast
      Series 4 of Stowe talks podcast and videos series has begun. 
      As ever, in each episode hosts Liza and Matt are joined by a special guest to explore a specific topic in detail.
      Alongside our expert guests, in Stowe talks series 4 we explore:

      Parenting alongside a narcissist
      The dangers of DIY divorce
      How to prepare for your financial settlement
      Supporting teenagers through divorce
      Prenups, postnups and petnups
      The unique challenges of a relationship break down in the LGBTQIA+ community
      Creating financial wellbeing following separation
      Supporting male victims of domestic abuse
      Building your family through surrogacy.

      The latest episodes
      Series 4 of Stowe talks begins with ‘Parenting alongside a narcissist’, a 2-part conversation with renowned narcissist expert Dr Supriya McKenna.
      Building on our previous episodes, in part one Dr Supriya starts by explaining what narcissistic personality disorder is and how this manifests in their behaviour, especially during divorce and parenting.
      We then continue the conversation in part two, looking at learning to manage the narcissist behaviour, how to best support your children, dealing with legal and financial abuse, the family court, and learning how to raise the threshold of what triggers you.
      Quick links
      Listen to Stowe talks on spotify
      Watch Stow talks on YouTube More

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      in Family Law

      October Stowe Support roundup

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      Stowe Support is a dedicated home for Stowe’s free resources designed to help inform and support anyone with family law concerns.
      With new blogs, guides, podcasts, videos and events shared each month, here’s a handy Stowe Support roundup from the past month in case you missed anything.
      Here’s your monthly roundup of Stowe Support resources in case you missed anything.
      Latest blogs from Stowe
      What is financial wellbeing?
      World Mental Health Day: wellbeing during divorce
      Labour announce commitment to cohabitation reform
      Adopting a stepchild
      World Menopause Day
      Islamic divorce in the UK
      What happens if I’m separated but not divorced?
      What to do if you think your marriage is over
      Book your free webinar place
      Cardiff Break Up Club – Surviving Christmas after separation
      Stowe Talks – How to build a happy blended family with Nichole Farrow
      Watch recent webinars
      Stowe Talks – Creating financial wellbeing following divorce or separation
      Listen to Stowe talks podcasts on Spotify
      Our next series of Stowe talks podcast will be launched soon.
      In the mean time, you can click to catch up on previous episodes and follow us!
      Stowe Support
      To explore our full range of resources dedicated to helping people with family law matters, visit Stowe Support.
      Here you’ll find a wealth of helpful guides, videos and blogs on divorce and separation, finances, children, domestic abuse, cohabitation, alternative parenting, mediation, as well as support with relationships and wellness. More

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      in Children

      July Stowe Support roundup

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      Stowe Support is a dedicated home for Stowe’s free resources designed to help inform and support anyone with family law concerns.
      With new blogs, guides, podcasts, videos and events shared each month, here’s a handy Stowe Support roundup from the past month in case you missed anything.
      Here’s your monthly roundup of Stowe Support resources in case you missed anything.
      Latest blogs:
      The role of a divorce coach
      What is parental responsibility?
      Can I afford to divorce my partner?
      Who gets the mortgage? The new divorce battleground
      The rise in birdnesting after divorce
      Why Barbie and Ken need a cohabitation agreement
       Watch July’s Stowe talks webinar:
      Stowe talks webinar – Understanding and dealing with coercive control with Dr Emma Katz
      Listen to Stowe talks podcasts on Spotify:
      Our next series of Stowe talks podcast which will be launched soon.
      But you can click to catch up on previous episodes and follow us!

      Stowe Support
      To explore our full range of resources dedicated to helping people with family law matters, visit Stowe Support.
      Here you’ll find a wealth of helpful guides, videos and blogs on divorce and separation, finances, children, domestic abuse, cohabitation, alternative parenting, mediation, as well as support with relationships and wellness. More

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      in Family Law

      No-fault divorce, one year on

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      It’s one year since we welcomed the arrival of no-fault divorce in England and Wales (6th April 2022).
      As the biggest change to divorce law for decades, the advent of the no-fault process transformed divorce, separation, and civil partnership dissolution by removing the legal requirement for blame.
      For the past year, couples have been able to file for divorce without accepting fault or assigning blame to their partner, and without fabricating a reason where they don’t naturally fit into the five previously accepted grounds for divorce.
      No-fault divorce also removed the ability to contest a divorce.
      What was it like to divorce before no-fault divorce?
      Previously, irrespective of the reasons for divorce or the personal circumstances of a couple, there was a legal requirement to attribute blame to only one party, if they wanted to divorce in less than two years.
      The five reasons, or grounds, for divorce included unreasonable behaviour, adultery, separation after two years with consent, separation after 5 years without consent, or desertion.
      Why was no-fault divorce was introduced?
      Having to distil events into one crystallised reason and assign blame to only one party was unproductive for separating couples at best and frequently destroyed what was left of the relationship.
      Instead of conflict and stress, no-fault divorce paved the way for amicable collaboration, easing negotiations and reducing the overall mental health impact of divorce. It means that parties can find a way to move forward while focusing on the important issues, such as children, finances, and property.
      In addition, removing the ability to contest a divorce removed potential barriers for victim-survivors of domestic abuse, and those trapped in controlling relationships.
      Reflections on no-fault divorce one year on
      While no-fault divorce is a step forward that’s hugely benefited some, we must also consider the negative impact it has had on many couples going through the divorce process.
      No-fault divorce has removed the sometimes cathartic and understandable desire to blame. This has left some people frustrated. For example, if one party files for divorce following their partner’s infidelity, there is no longer a formal acknowledgement of their ex-partner’s misconduct or a way to hold them accountable for their actions. Whether divorce is a result of serious and sustained wrongdoing, or simply the result of growing apart, the divorce process is the same.
      Now, with no-fault divorce, it’s not essential to share the reason for the marital breakdown. However, as family lawyers we sometimes see that because this emotional line hasn’t been drawn at the outset, it can muddy the waters later in the divorce journey. Without an official vent, suppressed frustration about the cause of the divorce can occur. For many, tensions start running high later in the proceedings, creating further animosity and lengthier arguments over the practical elements of the divorce, such as dividing up assets and agreeing child arrangements.
      We must remember that most people going through a divorce are looking at matters through an emotional lens, rather than from a purely rational perspective. So, while no-fault divorce has certainly been a welcome change that has helped many couples to separate amicably, there is a flip side that should be acknowledged to help mitigate animosity further down the line.
      Useful links
      No-fault divorce has arrived
      The no-fault divorce process
      A complete guide to no-fault divorce
      How no-fault divorce impacted victims of domestic abuse More

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      in Children

      Travelling abroad when your kids have a different surname

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      It’s peak holiday season for UK families as the schools get ready to close for the six-week break. Travelling with kids can be tricky at the best of times but travelling abroad when your kids have a different surname can be complicated.
      Emma Newman, the Managing Partner at the Stowe Family Law office in Esher shares her first-hand experience and explains what a parent can do in advance to help prevent any issues.
      Many of us are now looking forward to enjoying some time away in the sunshine as the summer holiday approaches but if you have a different surname to that of your child you need to take action to avoid unnecessary stress.
      What is in a surname?
      Women are more likely to have a different surname to their children; some, like me, may be divorced from their child’s father and have remarried taking on a new name, others are married but have chosen not to take their husband’s surname whilst their children do, and of course, there are more and more unmarried couples who have children.
      The checks that are in place at ports, airports and international railway stations are designed to prevent children from being kidnapped and are all very understandable, but they have caused a huge amount of stress, upset and even missed flights for many parents and their children. This can easily be avoided by ensuring you carry the right documents. So, what can you do to ensure your holiday goes smoothly?
      Documents you may need
      Much depends on your particular circumstances but the officials need to be satisfied with your relationship with your child so the documents you may need are:
      Your child’s Birth Certificate:
      This document gives the name of your child, their date and place of birth and will match with the details on their passport. It will also give the full names of both parents at the time of their birth. So be careful; if your name has changed since your child was born you will need to take more documents with you.
      Proof of your change of name:
      This could mean travelling with your Marriage Certificate or a Change of Name Deed. On my last trip abroad I also found carrying an expired passport in the name I held at the time of my child’s birth (and therefore as set out in his birth certificate) was very useful as not only did it show what my name was then but it also had a photograph of me and the Border Official was able to marry up the Birth Certificate, Marriage Certificate and the expired and current passports.
      Prepare your children
      You might also want to warn your children that they may be asked questions directly by the immigration officials and they should not be worried and answer clearly and honestly. This is not the time for them to make jokes.  When I have been stopped at immigration my son was asked who I was, who my husband was, where he had been and how old he was.  It was made very clear that he needed to answer himself and I couldn’t answer for him.
      Consent to travel
      If you are not travelling with your child’s other parent, I would always ensure that you can prove you have their consent to your taking the child abroad.
      If there is a Child Arrangement Order in place which states that the child lives with you, technically you only need to obtain the other parent’s consent if you are going to be out of the UK for more than 28 days.
      However, in every other case, you should have the permission of every other person with parental responsibility for the child. If you don’t have this consent or a Court order, you are committing child abduction.
      I always recommend asking the other parent to sign a consent form before travel or to write a letter setting out their consent. The document should provide the full contact details of the other parent and specific details of the trip including the dates, destination and address. The other parent should sign the form. It is also a wise idea to attach a copy of the other parents’ passport to the consent form.
      Travelling abroad with children can be stressful enough. However, you can minimise some of the costs by ensuring you have enough space in your luggage to pack these multitude of documents. Happy holidays! More

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      in Relationships

      Tales and myths of a common-law marriage

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      What are the myths of a common-law marriage? Nearly half of people in England and Wales believe that unmarried couples living together have the same rights and obligations as couples who are legally married or who have entered into a civil partnership. However, this could not be further from the truth. This is the myth […] More