It’s a sad fact that on average 42% of marriages end in divorce, and often those worst affected are the children. Disputes over parental responsibility, where children live, and how much time they spend with each parent are extremely common, and unfortunately, many of these disputes end up in court.

A guide to Children Law

The latest video to be uploaded to our YouTube channel features Karis Jones, family law solicitor and specialist in children law at Howells Solicitors, giving advice on a number of scenarios covering the law relating to the children of families going through a divorce or separation. 

The circumstances that are discussed during the video give Karis the opportunity to explain a number of points of children law relevant to both parents throughout a separation.

Some of these points include:

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The Government’s changes to legal funding in 2013 means that legal aid for divorcing couples is now near enough non-existent – except in cases involving domestic abuse.

And as a significant proportion of the 120,000 divorcees in England and Wales are doing so amicably, increasing numbers of people are keeping the costs of their permanent separation down with a DIY divorce.

What is a DIY divorce?

In English and Welsh law, married couples don’t have to instruct a solicitor in order to get divorced.

A DIY divorce effectively enables both parties to represent themselves. Couples can obtain the necessary documents to begin the process, complete the relevant forms and then process the divorce through the courts. The court charges a petition fee of £410 however those in receipt of benefits or on a low income may be exempt from all or part of the court fee. More...

There are a lot of legal questions that crop up surrounding divorce, but one of the most common ones that is asked is: in a separation, who moves out? The next in our series of FAQs answers this for you:

Q: My wife and I are having problems and we are planning on getting a divorce. However, today I received a letter from her solicitor telling me to leave the marital home immediately otherwise she is going to take me to court.

While I understand we cannot stay living together, is she allowed to kick me out of my house before the divorce proceeding have even begun? Who should move out of the marital home? The house is under a joint mortgage so surely I have the same rights as her?

A: One of the first steps in progressing a divorce is deciding who should move out and when this move should be done by. Normally this is a move that is discussed between the two parties and then decided on together. More...

For many newly-engaged couples, the concept of a prenuptial agreement is probably the most unromantic thing imaginable. However, if you’re getting married then the topic of a ‘prenup’ is a conversation that’s well worth having with your future spouse.

There are plenty of pros and cons around prenuptial agreements, most of which are personal and need to be discussed between the two of you and an experienced family lawyer. But here’s what you need to know.

They’re not just for the rich

Prenups used to be solely used by the wealthy in order to protect their assets in the event of divorce. However, over the last few decades, prenuptial agreements have become just as essential for people.

After all, if you have worked hard before marriage, you’ll want to protect the assets that you spent years building up – whether you own 30k in savings or a £3m property. More...

When you’re staring down the barrel of a divorce or separation, it’s tough to know how to tell your children that the two of you are splitting up.

But it is possible to go through separation and divorce and come out of the other side with your children feeling confident, loved and ready for what the future brings. Here’s how:

Tell them together

During a separation, it’s easy for one of the parents to come out of the process worse than the other. That’s why it’s important to present a united front when telling them about the change affecting there. This way you’ll prevent your children being dragged into your conflict, if there is one.

If it’s not possible for you and your partner to be together when you tell your children about divorce then the two of you should try and agree what you’re going to say. More...