Category: Family Law

A domestic abuse injunction is a court order which is designed to protect victims from further abuse by legally restricting the abuser’s actions and contact. It can require the abuser to stay away from the victim’s home, workplace, school and can even include other protective measures such as temporary custody of children and pets. Injunctions by nature are civil, however they are enforceable by law, and violating them can result in criminal penalties.

Eligibility for a domestic abuse injunction

The domestic abuse injunction, also known as an Order of Protection, requires the plaintiff to have a specific relationship with the defendant in order to qualify for one. One of the relationships is that they must be married or have been formerly married to qualify for the injunction. They could also be in a romantic or sexual relationship with the defendant, which can be current or from the past. In other cases, they could be related either by blood or legally, such as a parent, grandparent sibling and even a child. For harassment injunctions, the plaintiff must show a pattern of acts that would alarm or harass a reasonable person and serve no legitimate purpose.

Types of Injunctions

There are different types of injunctions that someone can get. Firstly, there is a domestic violence protection order which is temporary and can be issued by the police to provide immediate protection to victims. In urgent situations where there is risk of harm, they can be applied for without the need of the victim’s consent. There are also non-molestation orders which prevent an abuser from harassing, intimidating, or pestering a victim. These can be applied even in the absence of physical violence as it primarily protects the victim from emotional and psychological abuse. There are stalking protecting orders which protects victims from stalking behaviour and can be issued by the police to prevent the stalker from making contact with or approaching the victim. Occupation orders dictate who has the right to live in a family home and can leave an abuser with no choice but to leave a home or even remain a certain distance from the home. Then there are forced marriage protections which prevents marriage arrangements from being made against the will of the victim to protect them from being forced into a marriage. Lastly there is female genital mutilation protection orders which protects women and girls at risk of genital mutilation and can stop them from being taken abroad for the procedure.

Duration of injunctions

For the duration of injunctions, they are usually granted for a fixed period, usually ranging from between one to two years. The court will usually set the duration based on the circumstances of the case and the behaviour being restrained as this will dictate the threat towards the applicant and therefore the need to get the injunction. In some cases, an injunction can be set to be indefinite which means that it has no set end date. These are usually used in situations which involve serious or ongoing risks, such as domestic abuse or repeated anti-social behaviour. However, indefinite injunctions can be reviewed or varied if the court deems that the circumstances have changed.

Violation of a domestic abuse injunction

In the UK, if someone violates a domestic abuse injunction, they can expect severe legal consequences such as imprisonment as breaching a court order is considered contempt of court. Respondent are advised to carefully view an injunction so that they can avoid any prohibited contact and if accused of violating the injunction, to seek legal advice.

If you require expert legal advice or support with any aspect of your matter, our experienced team of solicitors at Aston Bond are here to help. We are committed to providing clear, practical and tailored legal solutions to help you move forward with confidence. Contact our team today on 01753 486 777 or email info@astonbond.co.uk to discuss how we can assist you.

A financial consent order is a legally binding court document that formalises financial agreements after divorce or civil partnership dissolution which protects both parties from future claims. It makes an individual’s financial agreement with their ex-spouse or civil partner legally binding which covers the division of assets such as property, savings, pensions and debts. Additionally, it may be able to include arrangements for spousal maintenance. It can also include a “clean break” clause which would permanently sever financial ties between the two parties so that there is no risk of potential claims in the future.

Purpose of a financial consent order

A consent order provides legal protection and certainty as the terms are enforceable through the Family Court once enforced by the judge. It ensures that both parties comply with the agreed financial arrangements and prevents future disputes over property, pensions or maintenance. Mortgage lenders and pension providers can also release or transfer assets, as they also require a court order. If there is a breach, it can be challenged in court, therefore it is essential to get the correct advice and take the optimal approach for the situation in order to secure the right division of assets.

Obtaining a financial consent order

To obtain a financial consent order, the two parties must first agree on how they will divide their finances. Mediation is often a recommended method when attempting to reach a fair settlement. A solicitor can then be hired to draft the order which clearly details finances and assets Once the order have been written up, the forms will then be sent to the Family Court along with the £60 court fee. It is then up to the judge to review the order submitted and determine whether they deem it to be fair. Once the order is approved by the judge, it becomes legally binding and a breach of the order will be considered contempt of court. In the case that the judge deems in unfair, they may request changes to be made before approving the order.

Breach of a financial consent order

The breach of a financial consent order can result in severe legal consequences, such as contempt of court, as it is a deliberate disobedience of a court order without an acceptable excuse. If the application for contempt of court is successful, it can result in financial penalties and in some cases, even imprisonment. The court might also impose custodial sentences in cases where all other enforcement measures were unsuccessful. On top of that, the breach of a court order can expose a party to legal costs which could result in them paying foe the other side’s enforcement costs. It is crucial to understand the legal framework for dealing with these types of breaches and the enforcement mechanisms available in court in order to navigate these situations effectively.

Alteration to a financial consent order

In cases where a party wants to alter a financial consent order, they must follow the legal process outlined by the Family Procedure Rules 2010. This process requires the party to submit a variation to the court, which is often a necessary step if there is a significant change in circumstances or if the original order continues to require ongoing payments or obligations. It will then be up to the court to assess the proposed changes and if they deem them to be fair and reasonable, they will approve it. To avoid any delays or complications in the process, it is essential to ensure that all the documents are prepared and submitted without error.

If you require expert legal advice or support with any aspect of your matter, our experienced team of solicitors at Aston Bond are here to help. We are committed to providing clear, practical and tailored legal solutions to help you move forward with confidence. Contact our team today on 01753 486 777 or email info@astonbond.co.uk to discuss how we can assist you.

Grandparents’ rights refer to the legal rights that grandparents have to seek visitation or custody of their grandchildren, which can vary significantly by region or circumstance. It is often the case that grandparents seek to maintain relationships with their grandchildren, however their legal rights can be limited compared to those of parents.

Rights to custody or visitation

Under certain conditions, grandparents have the right to petition for custody or visitation of their grandchildren such as when parents are going though a divorce or separation. If this is the case and the courts deem that the grandparents have an established relationship with the grandchild, they would consider whether denying visitation would harm the child. Alternatively, in the case that one of the parents of the child has passed away, grandparents may have even stronger grounds to seek visitation or custody, in particular, cases where the grandparents have a close relationship with the grandchild. In more extreme cases, if grandparents strongly believe that the parents of the child are unfit to raise them for issues such as neglect or abuse, they may petition to gain custody. However, they must be able to provide evidence to support their claims in order to gain custody of the child.

Factors considered by courts

When courts are considering whether to grant grandparent the right to visitation or custody, they typically consider the best interests of the child as this is their main priority when determining whether the grandparents should be granted visiting rights. This would include their physical and emotional conditions when determining whether it would benefit the child if they granted the grandparents visiting rights. They would also consider the existing relationship with the child and their grandparent, including how present the grandparent has been thus far in the life of the child when evaluating the relationship between the grandparent and child. That said, the court is still required to respect the rights of the parents and when considering the upbringing of the child, the court must balance the wishes of the parents as well as the grandparents.

The nature of grandparents’ rights

Grandparents do not automatically have legal rights to see their grandchildren as parents have the right to determine who can come into contact with their child. However, they can be granted this right either through the parents of the child or if the parents refuse them the right and they have a valid reason why they should have custody or visitation of the child, they can have a court hearing. The first course of action would be to attempt informal contact with the child’s parents and if that fails, they can apply for a court order if they feel like contact with their grandchild will be in their best interest. It is recommended to seek legal advice in order to navigate the process effectively and ensure that the child’s interests are prioritised.

If you require expert legal advice or support with any aspect of your matter, our experienced team of solicitors at Aston Bond are here to help. We are committed to providing clear, practical and tailored legal solutions to help you move forward with confidence. Contact our team today on 01753 486 777 or email info@astonbond.co.uk to discuss how we can assist you.

A child arrangement order is a UK court order that determines where a child lives, who they are able to have contact with and how much time is shared between parents or guardians. It replaces terms like “residence orders” and “contact orders” by encapsulating the principle into a single and specific order and is governed by Section 8 of the Children Act 1989. Each order is tailored to the circumstances and has the child’s best interests in heart in relation to their mental and physical wellbeing and development rather than following a fixed formula.

Types of child arrangement orders

There are two types of child arrangements orders which are live with orders and spend time with orders. The live with order specifies where and with who the child will live. A joint live with order allows the child to live with both parents which promotes co-parenting; however, this does not necessarily mean that the child lives with each parent for an equal amount of time. Spend time with orders then determine the circumstances under which a child spends time with the non-resident parent or other family members. This can either be direct contact which allows the child and the adult to meet face to face or indirect contact which would be letters or phone calls if direct contact is deemed unsafe or impractical.

Need for child arrangement orders

Often, child arrangement orders are obtained if the child’s welfare is at risks as this is the primary concern of the court. This results in the child protection order having the child’s best interests at the forefront. In cases where the protection of the child is at risk, the court aims to provide a solution that protects the child’s welfare, regardless of the preferences of their parents. Secondarily to this, a child arrangement order may be sought if there is a disagreement between the child’s parents concerning the living arrangements and contact arrangements of the child. If the parents are unable to reach an agreement on this, the court is able to provide some clarity and ensure that the arrangements are legally binding. This way, the risk of one of the parents or guardians involved going against this agreement is massively reduced.

Applying for child arrangement orders

In cases where parents are unable to agree on arrangements regarding this child, the parent, guardian or anyone with parental level responsibility over a child are able to apply to the court. In some cases, a grandparent or other relatives may be able to apply as well however this usually requires permission from the court in advance. Before applying is possible, parties are generally made to attempt to reach an agreement without the need of a court hearing with some cases being exempt from this such as cases where domestic abuse is involved. If the parties are not able to reach an agreement, a form can be submitted so that the case can be decided by a court hearing.

Varying or breaching an order

Child arrangement orders can be altered if thee circumstances of the child’s family has changed or the court deems it right that the child should be able to evolve. The applicant must present an airtight proof in order to demonstrate that the changes are in the child’s best interests. If the parties agree to depart from the order, it is not considered to be legally binding unless officially varied by the court.

Breaching a child arrangement order can lead to severe legal consequences which can include fines, imprisonment and modifications to the existing order. Breach of this order is considered contempt of court as it is going against a court issued order and, in these cases, the other parent can apply to the court to modify the existing order to better protect the child and to reduce the risk of another breach of the order. In some circumstances however, such as emergencies or unforeseen events, a breach may be considered reasonable, and the court may decide that the breaching party had a valid reason for going against the court issued order.

If you require expert legal advice or support with any aspect of your matter, our experienced team of solicitors at Aston Bond are here to help. We are committed to providing clear, practical and tailored legal solutions to help you move forward with confidence. Contact our team today on 01753 486 777 or email info@astonbond.co.uk to discuss how we can assist you.

During a divorce, a key aspect is the financial agreement that the two partners reach before the divorce is finalised. It is also one of the most challenging aspects which is why the law in the UK prioritises full disclosure, expected by both parties regarding their financial positions. Attempting to conceal assets does not only result in serious consequences but the UK is becoming much more efficient at finding them.

Hiding assets in a divorce

Reaching financial agreement during a divorce is dependent on the full disclosure of assets. The concealment of assets in divorce increases the likelihood of negotiations breaking down and makes it more likely that the legal process becomes hostile. If matters are taken to court, assets are detailed in a document which includes every single aspect of shared and individual finances including children, properties, income and businesses. This document is known as Form E and is the basis for the solutions reached when a case makes it to court. It could be considered as perjury if there is any attempt to conceal these assets as Form E is an official legal declaration. This could result in severe sanctions for those who are guilty of attempting to do this; despite this, however, some parties persist to attempt to remain with concealed assets as they see the reward as being worth the risk.

If you suspect your spouse is trying to hide assets from you, your first course of action should be to consult a solicitor. A solicitor will take the necessary steps to help reveal the truth and ensure that your divorce process can be completed in a fair and just manner.

Common ways of hiding assets

Concealment of assets is much more common by the party who makes much more money than the other party as the higher earner often has broader access to both finances while the other partner is left uncertain. There are common approaches that are often taken by partners who are attempting to conceal assets such as transferring money or shares to friends and relatives. If they aren’t transferring to friend, they may transfer their money offshore as it is harder to trace and value the assets. Three approaches that also share a similar method of concealment are: setting up trusts, cryptocurrency and high value purchases which takes advantage of the fact that they will be able to regain access to the money once the divorce has been finalised. Another common way of hiding assets is secret bank and savings accounts which allows partners who have an increased financial control to have bank accounts unknown to their spouse in which they bare able to keep a large sum of money that they can access after the divorce.

Consequences of concealing assets

The court regards non-disclosure of assets very seriously and has the ability to penalise the offending partner harshly. With proof being provided that a partner going through a divorce is concealing assets, the court can make powerful order sin order to ensure that a fair outcome is reached. If discovered, penalties can include payment of the other party’s legal costs, reopening the settlement even after it has been closed and contempt of court charges. Under extreme circumstances, it may even result in criminal charges and prison sentences. On top of these punishments, the discovery of non-disclosed assets can result in an offending party receiving a worse financial settlement as the court may deem the act of concealing assets as serious enough to take it into account, in regards to the eventual settlement. Even after a settlement has been reached, if it comes to light that there had been concealed assets throughout the process, the court is able to reopen the settlement and can even lead to a criminal record. The potential penalties for hidden assets can be severe and include financial consequences, a worse financial settlement, contempt of court, reopening of the settlement, criminal penalties and forfeiting rights to concealed assets

Signs that a partner may be hiding assets during a divorce

Financial concealment rarely appears out of the blue which is why behavioural changes that occur during a divorce, regarding finances, can be a clear sign that a partner is hiding assets. These patterns can often be identified, even without access to financial records and may convince an innocent party to seek legal advice. Behavioural patterns that stand out the most among guilty parties include pressure to settle quickly, inconsistencies between declared income and lifestyle, sudden debts to friends or families and disengagement to the legal process such as repeatedly failing to provide requested documentation or submitting incomplete responses to form.

If you require expert legal advice or support with any aspect of your matter, our experienced team of solicitors at Aston Bond are here to help. We are committed to providing clear, practical and tailored legal solutions to help you move forward with confidence. Contact our team today on 01753 486 777 or email info@astonbond.co.uk to discuss how we can assist you.

Navigating the legalities for an unmarried couple may be challenging, however the understanding of who holds what rights in a relationship following a separation is crucial. There are several differences between the rights each person in the co-existing relationship now holds and it’s significant to understand these to avoid misunderstandings.

Property ownership:

A key issue, which could be argued is perhaps overlooked, is home ownership. If there is joint tenancy, both partners may have rights to stay in the house, however, what each person is entitled to depends on how the property is legally owned. If the property is owned as ‘tenants in common’, the split in the partner shares would be altered, depending on who has put more financially towards the purchase price. Another significant difference between ‘joint tenancy’ and ‘tenants in common’ is the passing of the property when your partner dies. Unlike joint tenancy, as ‘tenants in common’, your property DOES NOT automatically pass on to your partner if you die, it can be left to someone else in your will.

If the home is in sole ownership, i.e. the house is in one person’s name, the other partner does not automatically have a right to a share of the property, even if they have lived there for many years.  However, they may still be able to make a claim if they can show they contributed financially to the purchase, mortgage, or major improvements, or if they can prove there was a shared understanding that they would have an interest in the property.

Pensions and cohabitation agreements:

Unmarried partners have no automatic to their partners pension following separation. If one person dies without a will, the other will not automatically inherit under the intestacy rules, unlike a spouse or civil partner. Although many people believe living together creates legal rights, ‘common law marriage’ is not recognised in law. As a result, unmarried couples should consider taking steps to protect their position, such as updating their wills, nomination each other for pension benefits and making a cohabitation agreement. A cohabitation agreement is a legal document that clearly explains how a couple’s finances, property, and arrangements for any children will be dealt with following separation. The agreement can be tailored to suit the couple’s circumstances and may include things like savings, financial support after the relationship ends, and how shared belongings should be divided.

Even though it cannot predict ever possible outcome, putting an agreement in place can give both people more certainty and help prevent conflict later

Financial position:

The financial position is comparatively weaker for unmarried couples than for divorcing spouses. There is usually no automatic right to maintenance, no claim over a former partner’s pension, and no general right to share savings or assets that are in the other person’s sole name. Both partners remain responsible for joint debts, so joint loans or mortgages taken out together, need to still be paid after separation.

When children are involved, the law prioritises the child’s welfare over the parent’s relationship status. Importantly, arrangements need to be made about where the child lives and how much time they spend with each parent along with how regular child maintenance payments will be made.

Parental responsibility

Parental responsibility is also important, especially for unmarried fathers, as it ultimately affects their rights to be involved in the child’s life.

Ending a relationship is never easy, and for unmarried couples the legal position can be more complicated than many people expect. Understanding your rights early on can make a difficult situation more manageable and help you make informed decisions about property, finances, and children. If you are living with a partner, taking advice and putting the right arrangements in place now can offer valuable clarity and protection for the future.

A good Solicitor will empathise with you and not force you to take any rash decisions.

At Aston Bond, we know that every family is unique, and we prioritise your needs and desired outcomes throughout the process building a team around you who can support you

In suitable cases, we encourage a collaborative approach, advocating for mediation or other forms of non-court dispute resolution to minimise conflict.

Your legal rights fully protected

Our team will ensure your legal rights are fully protected, whether we’re helping you reach an agreement before a relationship breakdown or securing a fair financial settlement during a divorce. We will collaborate closely with you to implement practical solutions that reflect your specific situation and needs – always keeping your best interests at heart.

Please don’t hesitate to reach out to us on 01753 486 777 or info@astonbond.co.uk

Schools out!

Most schools have broken up for the long summer holiday & you might be planning to take your child away abroad, but what if the other parent with parental responsibility disagrees?

Unfortunately, school holidays can sometimes cause issues relating to child arrangements.

Have you got a Child arrangement order in place?

A child arrangement order provides a clear and legally binding schedule for when and with whom the child will spend time.

This clarity helps both parents and the child understand their roles and responsibilities and reduces confusion and potential conflicts. It helps ensure that both parents have access to their child as outlined in the order.

The arrangement order will also provide predictability and consistency, which are essential for a child’s emotional well-being.

Coming to an agreement amid separation can be a challenge, but it is important to remember that confrontation and disputes in front of the children can have a huge impact on them. This is why it’s so important to prioritise your children’s well-being above anything else. Remember that contact should be for the benefit of the child.

If you are struggling to agree on summer holidays and arrangements for the children in general, it may be wise to allow third party intervention.

A solicitor can help you formalise arrangements with a Child Arrangement Order to help everyone understand their rights and obligations.

Contact our specialist team of Solicitors today on 0173 486777 or email lacourt@astonbond.co.uk.

Divorce. Often a time of difficult and heavy decisions about your future, so it can be a daunting and stressful prospect.  Not only does it involve a legally binding union, but it often brings emotional turmoil and financial stress.

It is essential to approach a divorce with an understanding of the legal system and tools and techniques that can help make the process smoother for both parties.

This article provides tips for navigating a smooth and amicable divorce.

What is amicable divorce?

An amicable divorce or separation is one in which you both work together to reach a favourable outcome. Rather than trying to score points or hurt one another, you both compromise and work toward the best result for you and your family.

Understand that the marriage breakup can have impacts on the people around you

Divorce can have a significant impact on the people around you, including family members, friends, and especially children. Divorce can be particularly challenging for any children involved in the family unit. They may experience a range of emotions such as confusion, sadness, anger, and guilt. It can disrupt their sense of stability and security, leading to changes in behaviour, academic performance, and social interactions.

Gather a positive support network

For several reasons, having a positive support network is crucial when going through a divorce. Divorce is an emotionally challenging process. Having a supportive network of family, friends, or even support groups can provide a safe space to express your feelings, vent frustrations, and receive empathy and understanding. It helps you navigate the rollercoaster of emotions that come with the divorce process.

Be clear and kind.

Your emotions are running high—don’t let them get the better of you. You may be tempted to let your heart rule your head here. Communicate with your spouse as you would want to be communicated with.

Leave the threats at the door.

Heartbreak can do strange things to people.

When you’re mourning the loss of your relationship, you may find yourself throwing out ultimatums left, right, and centre. Don’t make that mistake. This rarely works as an approach and often leads to the spouses becoming more rigid and alienated and ends up in litigation.

Make sure to understand the financial implications.

Divorce can have significant financial implications for both parties.

It is essential to understand the total costs associated with a divorce and budget accordingly. It includes legal fees, court costs, child custody arrangements, and the division of assets acquired during the marriage.

Stay active

Remaining physically active during a divorce can help you manage stress better. Exercise increases endorphins, which are chemicals that induce feelings of happiness. Regular physical activity also helps improve sleep and mental clarity while boosting self-confidence and moods.

We always aim to help our clients towards a fair, respectful solution, and preserve family relationships as far as possible. Contact us today for an initial conversation about your matter. 

01753 486 777 or lacourt@astonbond.co.uk

Divorce is a very difficult time for everyone involved, but it is essential that you make your decisions according to how your children are feeling so that you can co parent in a way that actively suits both yourselves and your children.  They will have all sorts of emotions, from confusion to fear to guilt. Keeping the children in the best physical and emotional health should be the parents’ paramount responsibility. But it can be hard.

Your marriage may be over, but your family is not; acting in your kids’ best interest is your most important priority. That is why we have developed a quick guide on how to ease the co-parenting process.

Don’t hinder your child’s relationship with your ex-partner

Try not to negatively discuss the divorce to your children and do not communicate negatively to your ex-partner through your child. This will affect the relationship that both you and your ex-partner have with your child. Although this may seem difficult, remember that you should always have the happiness of your children at the forefront of your mind.

Improve communication with your co-parent

Peaceful, consistent, and purposeful communication with your ex is essential to the success of co-parenting, even though it may seem impossible. Before having contact with your ex, ask yourself how your actions will affect your child, and resolve to conduct yourself with dignity. Make your child the focal point of every discussion you have with your ex-partner.

Make transitions and visitation easier

The actual move from one household to another, whether it happens every few days or just certain weekends, can be a very hard time for children. While transitions are unavoidable, there are many things you can do to help make them easier on your children.

Help children anticipate change – Remind kids they’ll be leaving for the other parent’s house a day or two before the visit.

Pack in advance – Depending on their age, help children pack their bags well before they leave so that they don’t forget anything they’ll miss. Encourage packing familiar reminders like a special stuffed toy or photograph.

Seek out the relevant support

If you continue to struggle throughout the co-parenting process, then you may need to seek out the relevant professional support for you, your ex-partner, and your children, such as counsellors, family therapy, educational and child psychologists.

If you are currently experiencing family issues or need some legal advice, then please contact us to arrange an appointment on 01753 486 777

The document most parties look forward to receiving is their Decree Absolute.   This is the final document in Divorce Proceedings and legally ends a marriage in England and Wales.    However, this does not bring an end to the parties’ financial claims unless the parties have already agreed the financial aspect of their case and have agreed a Consent Order which has or is to be submitted to the Court for sealing.

THE IMPORTANCE OF OBTAINING A FINANCIAL ORDER IN DIVORCE PROCEEDINGS SEALED BY THE COURT

If parties fail to deal with the financial issues and do not obtain a Court Order with a Clean Break,  where possible, none of their respective claims are dismissed under statute and either party may make an application for Financial Orders in the future which can be very distressing, especially if the parties have entered into a new relationship or even remarried.

IN THE EVENT OF REMARRIAGE AFTER DECREE ABSOLUTE

The party may lose some or all of their rights in respect of future claims against their ex-spouse.  Thus parties should not remarry however tempting until they have a sealed Court Order in respect of their financial settlement.

WHAT HAPPENS IF YOUR SPOUSE DIES BEFORE A FINANCIAL SETTLEMENT IS FINALISED AND DECREE ABSOLUTE HAD BEEN MADE?

The Financial proceedings in a divorce case come to an end upon their spouse’s death.   It would then be necessary for them to commence proceedings under the Inheritance Provision (for Family and Dependents) Act 1975 on behalf of themselves or children of the family but they would have to show a need and these proceedings are expensive.

WHAT IS THE POSITION ON YOUR SPOUSE’S DEATH IF DECREE ABSOLUTE HAS NOT BEEN MADE?

If Decree Nisi has been pronounced but no application has been made for Decree Absolute then the surviving spouse will be entitled to all of the benefits that they are entitled to as a widow or widower.

This means that certain assets may only be transferred to the deceased party’s spouse.  Prime examples are pension funds and sometimes trust funds.   

If you wish to discuss applying for Decree Absolute or obtaining a Financial Settlement please do not hesitate to telephone our Senior Family Solicitor Lynette A’Court on 07754662438 for your free initial consultation.