Blog — 11 March 2025

Surrogacy law and the ongoing need for reform

The recent case of a British couple who have had twin boys born through surrogacy in Cyprus has once again brought attention to the complexities of the law surrounding surrogacy…

Blog — 13 November 2024

Digital divorce – for better or for worse

There has been a significant shift in how divorce is regarded, approached and even applied for in the last few years. We saw the seismic and much-campaigned for move to…

Blog — 16 October 2024

Update on the Domestic Abuse Protection Notice and Order pilot

The government announced on 24 September 2024 an update of its plans to tackle domestic abuse. The launch of the Domestic Abuse Protection Orders (DAPO) and Domestic Abuse Protection Notices…

Blog — 01 May 2024

Changes to Family Procedure Rules 29 April 2024

As the clock struck midnight on Monday, 29 April 2024, the Family Procedure (Amendment No 2) Rules 2023 (SI2023/1324) fully came into effect. The changes will attempt to encourage early,…

Blog — 08 April 2024

New pilot on Domestic Abuse Protection Orders

A new pilot for Domestic Abuse Protection Notices (DAPNs) and Orders (DAPOs) was introduced today, Monday 8 April 2024. The pilot is expected to continue for two years and will…

Blog — 29 November 2023

Cohabitation in England and Wales: how can we better protect modern families?

This week, Resolution published its ‘Vision for Family Justice’ which sets out what changes need to be made to improve our family justice system. This includes, amongst other very important…

Blog — 13 November 2023

Data breaches in family law proceedings can have serious repercussions

Data breaches, where personal information is disclosed to the wrong people by mistake, can have serious repercussions for those involved in family law proceedings. In the most severe cases, these…

Blog — 02 October 2023

Kinship Care Week: What is being done to support kinship carers?

Kinship Care Week (2-8 October 2023) is an opportunity to raise awareness about the role of kinship carers in children’s lives and the valuable support that they can provide. Kinship…

Blog — 21 August 2023

England and Wales’ dedicated DoL court – a year on

England and Wales’ dedicated ‘deprivation of liberty’ (DoL) court has been up and running since July 2022. Specialist family judges run the DoL court, dealing with local authority applications for…

Blog — 02 August 2023

Case comment: Parental orders relating to children born via privately arranged surrogacy

AY & Anor v ZX [2023] EWFC 39 is a recent judgment of Mr Justice Macdonald that considers whether the court could make a parental order under Section 54 of…

Blog — 26 June 2023

Unregulated services in the legal world – a family law perspective

Seeking legal advice on family matters usually comes at a stressful time and involves heightened emotions. Clients are often eager to get good advice as soon as possible. As such,…

Blog — 12 June 2023

Taking children abroad – your questions answered

With the summer holidays approaching, you may be thinking of booking a holiday abroad with your children. As a separated parent, you may have some questions about whether you need…

Blog — 09 June 2023

Is compulsory mediation the answer to our ‘family justice’ prayers?

As the government’s consultation regarding compulsory mediation in private family law cases approaches its closure next week, Maeve Lucey, solicitor in our Family Law team, shares her thoughts on compulsory…

Blog — 01 June 2023

The latest reforms to surrogacy law

Reforms to the law surrounding surrogacy have been published by the Law Commission of England and Wales, and the Scottish Law Commission. Some of the key recommendations in the report…

Blog — 07 March 2023

2021 census data on marriage and civil partnership status

The Office of National Statistics has issued the data from the 2021 consensus in respect of the status of marriage and civil partnerships in England and Wales. Some of the…

Blog — 02 December 2022

Good Divorce Week: Financial arrangements and the importance of taking legal advice

In support of Good Divorce Week 2022, we take a look at how you can protect your financial interests during divorce. Whilst Good Divorce Week promotes an amicable process that…

Blog — 29 November 2022

Good Divorce Week 2022: what is a ‘good’ divorce?

We are showing support for Resolution’s Good Divorce Week 2022, taking place between 28 November and 2 December. Good Divorce Week is an annual campaign run by Resolution, a community…

Blog — 28 November 2022

Supporting Good Divorce Week 2022

Join our Family and Matrimonial team as they discuss the different issues facing anyone contemplating a separation or divorce each day this week to mark Good Divorce Week 2022, a…

Blog — 07 October 2022

What documents do I need if travelling abroad with my children?

This year the travel industry has boomed, with many of us taking the opportunity to enjoy overseas holidays once again during a summer free from Covid-19 restrictions. It is important…

Blog — 06 October 2022

Obtaining greater care responsibilities for your grandchildren

Grandparents’ Day took place on 2 October 2022, celebrating the importance of grandparents in the lives of their grandchildren. Most parents can rely on the support of their child’s grandparents…

Blog — 30 August 2022

Proposed legislation to extend the window for transferring assets after filing for divorce

At the end of July 2022, government draft legislation announced an extension to the period of time in which a couple can transfer assets without incurring Capital Gains Tax (CGT),…

Blog — 23 August 2022

Dedicated Deprivation of Liberty Court opens to children applications

On Monday 4 July 2022, the Deprivation of Liberty Court at the Royal Courts of Justice (RCJ) opened its metaphorical doors to applications in respect of children. All new applications for…

Blog — 18 August 2022

Proposed reforms to wedding legislation

Under current wedding laws, a wedding must take place either as a religious ceremony in a registered place of worship, or as a civil ceremony in a registry office or…

Blog — 16 August 2022

Women’s Aid report: ‘Two years, too long’

This summer, Women’s Aid published their report marking the second anniversary of the Harm Panel’s report. What is the Harm Panel’s report? The Harm Panel was made up of various…

Blog — 04 August 2022

National Surrogacy Week 2022: common misconceptions and FAQs

National Surrogacy Week 2022: common misconceptions and FAQs National Surrogacy Week is running this week, from Monday 1 August – Sunday 7 August. The aim of this campaign is to highlight…

Blog — 05 July 2022

What alternatives are there to the Family Court?

It is an unfortunate reality that the family courts are overwhelmed with a backlog of listings made worse by the Covid-19 pandemic. In turn, court proceedings are taking longer to…

Blog — 28 June 2022

Case comment: VV v VV – Pre-marital cohabitation, misconduct and party needs

VV v VV [2022] EWFC 41 is a recent judgment of Mr Justice Peel in relation to a case dealing with the division of assets in financial remedy proceedings following…

Blog — 15 June 2022

The impact of the cost of living on financial remedy cases

Last week saw the biggest daily rise in petrol prices in 17 years. The cost of living is fast increasing. Ofgem has recently confirmed that the energy price cap will…

Blog — 06 April 2022

No-fault divorce has arrived: what you need to know

How no-fault divorce works The long-anticipated Divorce, Dissolution and Separation Act 2020 came into effect on 6 April 2022, changing the landscape of divorce law for the first time in almost…

Blog — 24 March 2022

No-fault divorce and new online process for divorce applications

From 6 April 2022, the new legislation authorising no-fault divorce will come into force. This long-awaited change has been in the pipeline for several years and is one of the…

Blog — 11 March 2022

NO MORE week: working towards ending domestic abuse and sexual violence in the UK

UK SAYS NO MORE is a national campaign to raise awareness of the plight to end domestic abuse and sexual violence across the UK. It is a partnership between NO…

Blog — 28 January 2022

How to get a divorce: frequently asked questions

Getting a divorce can be a daunting prospect. To help you better understand the process, we have answered some frequently asked questions on divorce below. 

Blog — 17 January 2022

Comment: further investment towards the Family Mediation Scheme

Today, the government has announced further investment towards the Family Mediation Scheme. Hannah Marshall, solicitor in our Family and Matrimonial team, comments: The government has invested a further £1.3 million…

Blog — 10 December 2021

Improving the family court response to domestic abuse

On 29 November 2021, the Domestic Abuse Commissioner (DAC) published a report on improving the family court response to domestic abuse. The report makes proposals for establishing a ‘monitoring and…

Blog — 08 December 2021

Arbitration: going to court to resolve finances or children disputes is not the only option

Over the last few years, the practice of arbitration has become increasingly popular for those who are wishing to seek a swift resolution of their finances upon divorce, or in…

Blog — 30 November 2021

What is a no-fault divorce?

Divorce law will soon be subject to one of the greatest changes in the past 50 years. With only five months left to go, the Divorce, Dissolution and Separation Act…

Blog — 30 September 2021

Prenuptial agreements: frequently asked questions

Prenuptial agreements can sometimes be a challenging topic for those who are about to get married. It may feel uncomfortable for parties to create a plan for their potential future…

Blog — 10 June 2021

Case comment: FC v MC – A same-sex partner obtains parental responsibility

The law Parental responsibility is the legal term for the rights and responsibilities an individual has for a child and allows an individual legal rights to be involved in decisions…

Blog — 24 May 2021

New Domestic Abuse Act: important changes to be aware of

The Domestic Abuse Act received Royal Assent on 29 April 2021. Few of the elements are yet in force, but it is anticipated that they will be introduced later this…

Blog — 22 April 2021

Case comment: Re H-N - Court of Appeal issues guidance on private law children cases involving allegations of domestic abuse

On 30 March 2021, judgment was handed down by the Court of Appeal in Re H-N, a case concerning four linked appeals from orders made in private law children proceedings….

Blog — 13 April 2021

Family mediation: Ministry of Justice voucher scheme

The Ministry of Justice has launched a new Family Mediation voucher scheme which will provide eligible participants with a voucher of up to £500 to spend on mediation. The intention…

Blog — 30 March 2021

Case comment: G v G - New guidance on applications for return orders with parallel asylum claims

On 19 March 2021 the Supreme Court handed down judgment in the matter of G v G UKSC 2020/0191. Lord Stephens delivered the sole judgment, which had the unanimous support…

Blog — 12 March 2021

Surrogacy in the news

The happy news that the Channel 4 newsreader, Jon Snow, and his wife have recently welcomed a son via a surrogate brings this alternative method of growing a family to the headlines…

Blog — 26 February 2021

LGBTQ+ History Month: a children law perspective

February 2021 marks 16 years since the first LGTBQ+ History month in 2005. As we near the end of the month, we consider how since then, children law has developed…

Blog — 09 February 2021

Female Genital Mutilation

Saturday 6 February 2021 marked the International day of Zero Tolerance for Female Genital Mutilation (FGM). What is FGM? Female genital mutilation (FGM) comprises all procedures that involve altering or injuring…

Blog — 22 January 2021

Does an asylum claim act as a bar to a return order under the 1980 Hague Convention?

G (A Child : Child Abduction) [2020] EWCA Civ 1185 Can an application pursuant to the 1980 Hague Convention be determined and a return order implemented if an asylum claim…

Blog — 16 December 2020

Brexit and family law – recognition and enforcement

The UK-EU transition period will end on 31 December 2020, at which point the EU lawyers’ directives and EU laws will no longer apply to England and Wales.  This means…

Blog — 14 December 2020

Case comment: Bell v Tavistock [2020] EWHC 3274 (Admin)

On 1 December 2020, the High Court handed down judgment in a case concerning the use of puberty-blockers and the ability of children and teenagers with gender dysphoria to consent…

Blog — 14 December 2020

Why Covid has led to a ‘divorce boom’

When the pandemic first hit, many speculated that shifts in relationship dynamics due to the lockdown would lead to a surge in divorce rates. It has now been almost a…

Blog — 03 December 2020

Private Law Working Group: Reframing family support following parental separation

A report is due to be published by the Family Solutions Group, a subgroup of the Private Law Working Group, on reframing the nature of parental separation. It follows 30…

Blog — 02 December 2020

Good Divorce Week 2020

Good Divorce Week 2020 is an initiative by Resolution, a community of more than 6,500 family justice professionals. Many solicitors in our Bindmans team are proud members of Resolution, and…

Blog — 02 December 2020

How to handle child arrangements over the festive period

As we enter into December, thoughts turn to the festive period and the anticipated issues that may arise for separated families and child arrangements. Unfortunately, this year, any issues will…

Blog — 09 July 2020

Overhaul of the Family Court

On 25 June 2020, the Government announced an ‘overhaul’ of the Family Court to protect victims of domestic abuse, in particular those involved in private law children cases, where there…

Blog — 28 April 2020

International surrogacy arrangements and Covid-19

The restrictions on international travel, as a result of the ongoing COVID-19 crisis, have been a cause of serious concern for expectant parents of babies due to be born by…

Blog — 03 April 2020

Financial remedies and moving home in the Covid-19 pandemic

One of the largest capital assets, if not the main capital asset in most financial applications ancillary to a divorce in the UK is the family home and other buy-to-let…

Blog — 03 April 2020

Domestic abuse and Coronavirus

Due to the exceptional circumstances of the current global pandemic, the government has invoked a ‘lockdown’, placing restrictions on our ability to go outside.

Blog — 01 April 2020

The Family Justice System during the coronavirus pandemic:  e-filing, remote hearings and procedural rule changes in the context of Covid-19

New changes to the Family Procedure Rules are coming into force on 1 April 2020. A key change codified within the new rules is part 41: the electronic filing of…

Blog — 28 February 2020

An Appeal on Issues of Sexual Assault and Consent

A highly controversial judgment of His Honor Justice Tolson QC has sparked a considerable response from lawyers and women’s rights groups, who last week submitted a joint letter addressed to…

Blog — 17 January 2020

Disclosure of documents from asylum proceedings into private law proceedings

Judgment has been handed down in the following reported case in which Bindmans’ family team represented the father.

Blog — 19 December 2019

Brexit and Family Law update

Following the General Election on 12 December 2019, the UK will cease to be member of the EU from 11.00PM 31 January 2020, more than three and a half years…

Blog — 19 September 2019

PM says domestic abuse bill will return to Parliament

Latest police figures have revealed that the number of domestic-violence-related deaths is at a five-year high, the BBC has reported.

Blog — 08 August 2019

Forced Marriage Protection Order sought against ruler of Dubai

Last week, the President of the Family Division of the High Court, Sir Andrew McFarlane, refused an application made by the ruler of Dubai, Sheikh Mohammed Al Maktoum, for an…

Blog — 31 May 2019

Pre-nuptial agreements: only valid when fair

Pre and postnuptial agreements (‘nuptial agreements’) have been given increasing weight by the Family Court in England and Wales since the 2010 landmark Supreme Court judgment in Radmacher v Granatino…

Blog — 26 April 2019

Long overdue divorce law reform - why it won’t lead to speedy, McDivorces

Under current legal regime, the divorce itself can be a highly acrimonious and hostility-inducing process.

Blog — 11 January 2019

UK surrogacy law embraces single parents

On 3rd January 2019, a law was passed which finally gives single people the ability to become the legal parents of children conceived through surrogacy.

Blog — 14 December 2018

International Family Law: Court of Appeal considers - twice - the consequences of non-compliance with court orders in family proceedings

Coming to agreement on arrangements for children can sometimes be the most difficult and disputed aspect of a relationship breakdown. In some of the most extreme cases, one parent wrongfully…

Blog — 03 October 2018

Civil partnerships to be extended to opposite sex couples

The government has announced that it supports the extension of civil partnerships to opposite sex couples following the widely publicised case of Rebecca Steinfeld and Charles Keidan, which came before…

Blog — 24 September 2018

Brexit: deal or no deal- the consequences on family law if there is no exit agreement.

Most seem to agree that it will be of mutual benefit to the United Kingdom (UK) and the European Union (EU) to reach a negotiated exit agreement, but while this…

Blog — 13 September 2018

No fault divorce – government consultation

The fundamentals of divorce legislation have not been subject to reform for almost 50 years.

Blog — 07 September 2018

Forced Marriage – What protective measures can be taken?

Forced marriage was criminalised in the UK in 2014 under Part 10 of the Anti-social behaviour, Crime and Policing Act 2014. In May 2018, a mother was jailed for 4…

Blog — 27 July 2018

Owens v Owens – Supreme Court Decision

The appeal to the Supreme Court in the high profile case of Owens v Owens has been dismissed with the judgment published earlier this week.

Blog — 14 May 2018

Article 15 Brussels IIa: Transfer of Public Law Care Proceedings

Amy Rowe recently represented the Child and Family Agency of Ireland in a case where an Article 15 transfer request had been made from the Irish court to the English…

Blog — 14 May 2018

Can a straight line be drawn between a parent with extremist views and the significant harm suffered or likely to be suffered by a child?

When a local authority seeks to issue care proceedings for a child within a family connected to alleged radicalisation or a family thought to be sympathetic to extremist views it…

Blog — 15 March 2018

The court’s position on unrepresented parties cross examining their alleged victims in cases involving domestic abuse

In Re J (Children) the Court of Appeal clarified the position where an alleged perpetrator of abuse is to cross examine their victim.

Blog — 14 March 2018

Fact-finding in Children Act proceedings: R (Children) [2018] EWCA Civ 198

The Court of Appeal has recently considered the applicability of criminal law concepts within the context of fact-finding determinations in proceedings relating to children.

Blog — 12 March 2018

Cohabitation: what’s mine is mine, what’s yours is yours

Cohabitees are the fastest growing type of family in the UK. Unbelievably, our current laws do not bestow any rights at all upon separating cohabitees; they continue to be treated…

Blog — 22 February 2018

Recent Supreme Court judgment on the international child abduction case In the matter of C (Children) [2018] UKSC 8

Last week The Supreme Court handed down judgment in the matter of C (Children) [2018] UKSC8. The appeal concerns the 1980 Hague Convention on the Civil Aspects of International Child…

Blog — 01 December 2017

Meghan Markle’s journey to British citizenship

It isn’t often that the British royal family and immigration law are mentioned in the same breath but this week the immigration team at Bindmans LLP has unusually been chatting…

Blog — 11 October 2017

Lady Hale appointed as the first female president of the Supreme Court

On 2 October 2017, Lady Brenda Hale was sworn in as the first female President of the Supreme Court. Lady Hale’s ascendance to the highest echelons of the judiciary is…

Blog — 04 September 2017

Cross-border family disputes post-Brexit

While the broader political debate tends to focus on the implications of Brexit for trade and immigration, it is important to note that Brexit may also pose substantial challenges to…

Blog — 27 March 2017

The case for a ‘no-fault’ divorce is highlighted again: wife’s appeal against refusal of divorce dismissed

The Court of Appeal has handed down a written judgment in which it has dismissed a wife’s appeal against the High Court’s refusal to grant her a divorce.

Blog — 27 February 2017

Restriction on opposite-sex couples entering into civil partnerships is found to be ‘unsustainable’ in the long term but not currently unlawful

A heterosexual couple have lost their case in the Court of Appeal to enter in to a civil partnership instead of a marriage.

Blog — 01 March 2016

What’s MINE is YOURS. But hands off my bonus!

Are income bonuses received after marital separation still regarded as matrimonial property? The picture is far from clear.

Blog — 31 August 2015

For richer for poorer

Love or hate them, prenuptial agreements are on the rise, along with divorce rates – especially among older people – the so called ‘silver splitters’.

Blog — 14 May 2015

Helping families look to the future

The election results are in and the headlines in the legal world are unenthusiastic. The last 5 years have meant a lot of changes for lawyers under the coalition government,…

Blog — 10 September 2014

He Doesn’t Love Me Anymore But Will He Maintain Me?

In Corporate LiveWire’s Expert Guide, Divorce Law 2014 article, Farhana Shahzady and Flora Grossman look into one of the most tricky but often asked questions faced in matrimonial finance practice….