# Watson Morris Family Law > Family lawyers who help you start or end a relationshipwith confidence --- ## Pages - [Hannah Wells – Legal Assistant](https://watsonmorrisfamilylaw.co.uk/hannah-wells/): Hannah Wells from Watson Morris has worked within the legal sector for 11 years conducting a multitude of administrative tasks. - [Client Complaint Policy](https://watsonmorrisfamilylaw.co.uk/client-complaint-policy/): If at any stage you have concerns or wish to make a complaint you can follow our client complaint policy which can be found here. - [Terms of use](https://watsonmorrisfamilylaw.co.uk/terms-of-use/): Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use. - [Cookies & website privacy policy](https://watsonmorrisfamilylaw.co.uk/cookie-policy/): View our Cookie Policy here. Fin out what cookies are, how we use them and how we process data derived from them. - [Clare Walters – Relationship coach and focussed mindfulness practitioner](https://watsonmorrisfamilylaw.co.uk/about-us/our-people/clare-walters-relationship-coach-and-focussed-mindfulness-practitioner/): Clare Walters is an accredited relationship coach and mindfulness practitioner at Watson Morris with 25 years’ experience. - [Lynn McBrearty – Holistic Wellbeing Specialist](https://watsonmorrisfamilylaw.co.uk/about-us/our-people/lynn-mcbrearty-holistic-wellbeing-specialist/): Lynn McBrearty is a qualified life coach at Watson Morris. She is also a crystal reiki practitioner, reiki master and personal trainer. - [video](https://watsonmorrisfamilylaw.co.uk/video/): hello - [Contact Us](https://watsonmorrisfamilylaw.co.uk/contact/): Whatever your situation, wherever you are, Watson Morris Family Law are here for you. Contact us today for support. - [Our Services](https://watsonmorrisfamilylaw.co.uk/services/): With more than 20 years’ experience in family law the team at Watson Morris have the expertise you need. View our Services. - [Lindsay Kirkby – Legal Assistant](https://watsonmorrisfamilylaw.co.uk/about-us/our-people/lindsay-kirkby/): Lindsay Kirkby has over 20 years’ experience working in the legal industry and has worked with the team at Watson Morris for over 5 years. - [Greg Bowyer – Senior Associate](https://watsonmorrisfamilylaw.co.uk/about-us/our-people/greg-bowyer/): Greg has over 8 years of experience advising on a wide variety of family law matters to include divorce, separation, cohabitation, pre and post nuptial agreements and children matters. - [Peter Morris – Partner](https://watsonmorrisfamilylaw.co.uk/about-us/our-people/peter-morris/): Peter Morris, Family Lawyer, is described as dependable, forthright and honest in his presentation in and out of court. - [Caroline Watson – Partner](https://watsonmorrisfamilylaw.co.uk/about-us/our-people/caroline-watson/): Caroline Watson has over twenty years’ experience in all areas of family law. If you require advice on family law contact Watson Morris today - [Our People](https://watsonmorrisfamilylaw.co.uk/about-us/our-people/): Meet the team at Watson Morris by visiting the 'Our People' page on our website. We are proud of our team and what they have achieved. - [About Us](https://watsonmorrisfamilylaw.co.uk/about-us/): At Watson Morris we help our clients to start or end a relationship with confidence. Contact us today if you require legal advice. - [2Unify](https://watsonmorrisfamilylaw.co.uk/services/2unify/): Watson Morris Family Law 2Unify service offers legal expertise alongside relationship coaching to achieve a strong and secure relationship. - [Second Opinion](https://watsonmorrisfamilylaw.co.uk/services/second-opinion/): We can give you a second opinion whether you are already instructing a lawyer or conducting your own proceedings. - [Pre and Post-Nuptial Agreements](https://watsonmorrisfamilylaw.co.uk/services/pre-and-post-nuptial-agreements/): For legal support and advice on Pre and Post-Nuptial Agreements contact the team at Watson Morris Family Law. - [International Family Law](https://watsonmorrisfamilylaw.co.uk/services/international-family-law/): Whether you are an expat or working abroad, a foreign national or about to relocate or choose Watson Morris for international family law. - [Financial Settlements for Unmarried Couples](https://watsonmorrisfamilylaw.co.uk/services/financial-settlements-for-unmarried-couples/): We have a wealth of experience advising on separation agreements and Financial Settlements for Unmarried Couples - [Financial Settlements for Married Couples](https://watsonmorrisfamilylaw.co.uk/services/financial-settlements-for-married-couples/): We understand that negotiating financial settlements for married couples can be daunting. Contact Watson Morris for legal support and advice. - [Domestic Abuse](https://watsonmorrisfamilylaw.co.uk/services/domestic-abuse/): Domestic Abuse may also be psychological, sexual, financial or emotional. Contact Watson Morris if you require legal support. - [Creating a Family](https://watsonmorrisfamilylaw.co.uk/services/creating-a-family/): Understand the legalities involved in creating a family, so you can start your family with confidence. Contact us for more information. - [Cohabitation Agreements](https://watsonmorrisfamilylaw.co.uk/services/cohabitation-agreements/): Cohabitation Agreements are for couples who live together but are not married. The agreement protects them should their relationship end. - [Child Maintenance and Financial Support for Children](https://watsonmorrisfamilylaw.co.uk/services/child-maintenance-and-financial-support-for-children/): Child maintenance (also commonly called child support) is financial support payable towards a child’s everyday living expenses - [Child Arrangements and Parental Disputes](https://watsonmorrisfamilylaw.co.uk/services/child-arrangements-and-parental-disputes/): Child Arrangements and Parental Disputes. Our child law team will guide you through making an application for a child arrangements order - [Dispute Resolution](https://watsonmorrisfamilylaw.co.uk/services/dispute-resolution/): Alternative dispute resolution (ADR) refers to the different ways people can resolve disputes without going to court. - [Our Support Hub](https://watsonmorrisfamilylaw.co.uk/support/): Visit Our Support Hub for Life coaching and looking after your wellbeing. Contact us for more information or to discuss your case. - [Divorce, Dissolution and Judicial Separation](https://watsonmorrisfamilylaw.co.uk/services/divorce-dissolution-and-judicial-separation/): Divorce, Dissolution and Judicial Separation. We understand the need for practical and legal support. We will focus on your wellbeing. - [Home](https://watsonmorrisfamilylaw.co.uk/): Watson Morris Family Law. Family lawyers who help you start or end a relationship with confidence. Contact us today for support. - [Privacy Notice](https://watsonmorrisfamilylaw.co.uk/privacy-notice/): View our Privacy Notice to find out how we process and use the data you provide us with. Contact us for more information. --- ## Posts - [What amounts to conduct in financial remedy proceedings?](https://watsonmorrisfamilylaw.co.uk/what-amounts-to-conduct-in-financial-remedy-proceedings/): What amounts to conduct in financial remedy proceedings? Contact Watson Morris Family Law for help and advice. - [Website of the Year Goes to Watson Morris](https://watsonmorrisfamilylaw.co.uk/website-of-the-year-goes-to-watson-morris/): At Watson Morris, we are thrilled to have been awarded Gold Website of the Year in this year’s SME MK & Buckinghamshire Business Awards! - [What is a Mediation Information Assessment Meeting (MIAM)?](https://watsonmorrisfamilylaw.co.uk/what-is-a-mediation-information-assessment-meeting/): A Mediation Information Assessment Meeting, is a first meeting with a trained mediator to consider if issues can be solved without court. - [Changes to the Family Procedure Rules](https://watsonmorrisfamilylaw.co.uk/changes-to-the-family-procedure-rules/): Recent changes to the Family Procedure Rules mean families and the court must do more than simply consider non-court dispute resolution. - [What is child-inclusive mediation?](https://watsonmorrisfamilylaw.co.uk/what-is-child-inclusive-mediation/): What is child-inclusive mediation and why is it important? Find out why it’s essential for a child to have their voice heard. - [Unmarried couples and property rights- who gets to occupy the family home on separation?](https://watsonmorrisfamilylaw.co.uk/unmarried-couples-and-property-rights-who-gets-to-occupy-the-family-home/): Questions always arise when it comes to unmarried couples, property rights & who gets to occupy the family home on separation - Watson Morris - [Tax Implications following cohabitation breakdown](https://watsonmorrisfamilylaw.co.uk/tax-implications-following-cohabitation-breakdown/): This insight will highlight the tax implications following the breakdown of cohabitation and what unmarried couples should think about. - [Consent orders in divorce: What is a consent order, and why should I get one when I divorce?](https://watsonmorrisfamilylaw.co.uk/consent-order-in-divorce/): A consent order in divorce is best thought of as a contract between a divorcing couple, which is legally binding once approved by the court. - [Tax Implications of separation and divorce](https://watsonmorrisfamilylaw.co.uk/tax-implications-of-separation-and-divorce/): Tax implications of separation and divorce can be complex and costly if you do not seek professional advice. Contact the team at Watson Morris - [What happens to my spousal and child maintenance payments if I move abroad after divorce?](https://watsonmorrisfamilylaw.co.uk/maintenance-payment-if-i-move-abroad/): What happens to maintenance payments if I move abroad? And is it different for child maintenance and spousal maintenance? Watson Morris - [Technology In Court: Can Court Documents Be Served By Email?](https://watsonmorrisfamilylaw.co.uk/can-court-documents-be-served-by-email/): What adaptations have been made to accommodate electronic communication in court? And when can court documents be served by email? - [Conduct in divorce proceedings; What is the court procedure if my spouse raises conduct?](https://watsonmorrisfamilylaw.co.uk/what-is-the-court-procedure-if-my-spouse-raises-conduct/): What is the court procedure if my spouse raises conduct? Contact Watson Morris Family Law for help and advice. - [Can I force the sale of my house in a divorce?](https://watsonmorrisfamilylaw.co.uk/can-i-force-the-sale-of-my-house-in-a-divorce/): Can I force the sale of my house in a divorce? Contact Watson Morris Family Law for help and advice when it comes to divorce and property. - [Keeping Confidence: Anonymity in family court proceedings](https://watsonmorrisfamilylaw.co.uk/anonymity-in-family-court-proceedings/): Anonymity in family court proceedings is often a concern for those engaged in the court process. Find out how Watson Morris can help. - [Do I have parental responsibility for my child?](https://watsonmorrisfamilylaw.co.uk/do-i-have-parental-responsibility/): Do I have parental responsibility of my child and what does it mean? What are the different circumstances and how are they solved. - [What Happens When Separated Parents Disagree on School Choice?](https://watsonmorrisfamilylaw.co.uk/separated-parents-disagree-on-school-choice/): Not able to agree which school your children go to? Sometimes separated parents disagree when it comes to school choice for their children. - [How can vulnerable individuals protect their finances when getting married or starting to cohabit?](https://watsonmorrisfamilylaw.co.uk/how-can-vulnerable-individuals-protect-their-finances/): How can vulnerable individuals protect their finances when getting married or starting to cohabit? Advice from Watson Morris - [Divorce and Mental Capacity](https://watsonmorrisfamilylaw.co.uk/divorce-and-mental-capacity/): The legal position when it comes to divorce and mental capacity is that a party is assumed to have capacity unless it is established otherwise - [How are personal injury awards treated on divorce?](https://watsonmorrisfamilylaw.co.uk/how-are-personal-injury-awards-treated-on-divorce/): How are personal injury awards treated on divorce? Depending on the circumstances personal injury awards may be shared on divorce. - [How can I enforce a sale or transfer of property in a divorce order?](https://watsonmorrisfamilylaw.co.uk/how-can-i-enforce-a-sale-or-transfer-of-property-in-a-divorce-order/): How can I enforce a sale or transfer of property in a divorce order? How to ask the court to enforce the order. - [Unmarried couples and property rights](https://watsonmorrisfamilylaw.co.uk/unmarried-couples-and-property-rights/): Do you have questions about unmarried couples and property rights? Take a look at our latest insight to determine your rights. - [Can I take copies of my spouse’s confidential documents following our separation?](https://watsonmorrisfamilylaw.co.uk/copies-of-confidential-documents/): You should never take copies of confidential documents that belong to your spouse following separation. But what counts as 'Confidential'? - [Top tips for a good divorce](https://watsonmorrisfamilylaw.co.uk/top-tips-for-a-good-divorce/): If you're going through a divorce and want to make the process as amicable as possible then take a look at our top tips for a good divorce. - [What is financial disclosure in divorce?](https://watsonmorrisfamilylaw.co.uk/what-is-financial-disclosure-in-divorce/): Financial disclosure in divorce is the process of giving your spouse, and the court, full details of your personal financial circumstances. - [Child maintenance and the cost of living](https://watsonmorrisfamilylaw.co.uk/child-maintenance-and-the-cost-of-living/): Child maintenance and the cost of living; Can I vary child maintenance or school fees because of the cost of living crisis? - [One in five marriages now start with a prenup](https://watsonmorrisfamilylaw.co.uk/one-in-five-marriages-now-start-with-a-prenup/): A prenup enables a couple to map out how they will deal with financial and practical issues in the event that their marriage ends in divorce. - [Our top tips to organising Christmas for separated parents](https://watsonmorrisfamilylaw.co.uk/our-top-tips-to-organising-christmas-for-separated-parents/): Organising Christmas for separated parents can be difficult for the children and the adults involved. Here are our top tips. - [Our top tips to reduce stress and animosity on relationship breakdown ](https://watsonmorrisfamilylaw.co.uk/our-top-tips-to-reducing-stress-and-animosity-on-relationship-breakdown/): Take a look at our top tips to reduce stress and animosity on relationship breakdown. Contact Watson Morris for legal support and advice. - [Child Support: What are my options and how do we work out the amount?](https://watsonmorrisfamilylaw.co.uk/child-support-what-are-my-options-and-how-do-we-work-out-the-amount/): What are my options when it comes to paying child support? And how do we work out the amount? Watson Morris, Family Law - [Can you divorce when one party suffers from mental incapacity?](https://watsonmorrisfamilylaw.co.uk/can-you-divorce-when-one-party-suffers-from-mental-incapacity/): Can you divorce when one party suffers from mental incapacity? Find out the legal position on divorce in various circumstances. - [Can we include childcare arrangements in a pre-nuptial agreement?](https://watsonmorrisfamilylaw.co.uk/can-we-include-childcare-arrangements-in-a-pre-nuptial-agreement/): Best practices and rules on childcare arrangements in a pre-nuptial agreement. what you can include and what you can't. - [Can we change from a sole divorce application to a joint divorce application?](https://watsonmorrisfamilylaw.co.uk/can-we-change-from-a-sole-application-to-a-joint-application-for-a-divorce/): Can we change from a sole divorce application to a joint divorce application? This decision has to be made at the start of the proceedings. - [Can the court order former cohabitants to buy out the other’s share?](https://watsonmorrisfamilylaw.co.uk/can-the-court-order-former-cohabitants-to-buy-out-the-others-share/): On cohabitation breakdown it can be quite common for one of the former cohabitants to buy out the other’s share in the family home. - [What is the difference between a cohabitation agreement and a declaration of trust?](https://watsonmorrisfamilylaw.co.uk/what-is-the-difference-between-a-cohabitation-agreement-and-declaration-of-trust/): One of the questions we are asked regularly is what is the difference between a cohabitation agreement and declaration of trust? - [Divorcing later in life: What are the challenges? ](https://watsonmorrisfamilylaw.co.uk/what-are-the-challenges-of-divorcing-or-separating-later-in-life/): What are the challenges for divorcing later in life? For help and advice when navigating a divorce at any age contact Watson Morris. - [Understanding how family loans are treated in divorce proceedings](https://watsonmorrisfamilylaw.co.uk/understanding-how-family-loans-are-treated-in-divorce-proceedings/): During divorce, it's important to understand how family loans are treated in divorce proceedings. Contact Watson Morris for help. - [10 top tips for nuptial agreements](https://watsonmorrisfamilylaw.co.uk/top-tips-when-entering-into-a-nuptial-agreement/): As a family lawyer, we work with nuptial agreements regularly. We're sharing our 10 top tips for nuptial agreements. - [Top tips to protect inheritance on divorce](https://watsonmorrisfamilylaw.co.uk/top-tips-to-protect-inheritance-on-divorce/): You may be in a position where you are thinking about how to protect inheritance on divorce. Contact Watson Morris family lawyers today. - [Top tips to help calculate child maintenance ](https://watsonmorrisfamilylaw.co.uk/top-tips-to-help-you-calculate-child-maintenance/): Here are our top tips to help calculate child maintenance and on what parents need to think about when reaching their own agreement. - [Considerations before applying for a divorce or dissolution ](https://watsonmorrisfamilylaw.co.uk/top-tips-on-what-you-need-to-think-about-before-applying-for-a-divorce-or-dissolution/): Based on our experience, we have put together a list of considerations before applying for a divorce or dissolution. Contact us for more. - [The basics: cost rules in divorce and family proceedings](https://watsonmorrisfamilylaw.co.uk/the-basics-cost-rules-in-family-proceedings/): The basics on cost rules in divorce and family proceedings from family lawyers Watson Morris - contact us for more information. - [The basics: grandparents rights when parents divorce ](https://watsonmorrisfamilylaw.co.uk/the-basics-grandparents-rights/): At Watson Morris, we work in all areas of family law and can provide more information on grandparents rights when parents divorce. - [Severing a joint tenancy and what does this mean for cohabiting couples?](https://watsonmorrisfamilylaw.co.uk/severing-a-joint-tenancy-and-what-does-this-mean-for-cohabiting-couples/): If you are a cohabitating couple thinking about severing a joint tenancy then contact the team at Watson Morris for help and advice. - [What is the family mediation voucher scheme and will I qualify? ](https://watsonmorrisfamilylaw.co.uk/what-is-the-family-mediation-voucher-scheme-and-will-i-qualify/): The Ministry of Justice set up the Family Mediation Voucher Scheme to encourage more people to use mediation to resolve their disputes. - [How to get help with legal fees](https://watsonmorrisfamilylaw.co.uk/how-to-pay-your-legal-fees-if-you-dont-have-the-income-or-assets-to-cover-your-lawyers-costs/): How to get help with legal fees - our top tips to pay your legal fees if you don’t have the income or assets to cover your lawyer’s costs - [Third party support and resources: How is external support treated in a divorce?](https://watsonmorrisfamilylaw.co.uk/how-is-third-party-support-and-resources-treated-in-a-divorce/): How is external support treated in a divorce? It is not uncommon for parents continuing to pay an allowance to their children into adulthood. - [Future inheritance and divorce](https://watsonmorrisfamilylaw.co.uk/how-is-future-inheritance-and-entitlement-under-a-trust-treated-in-divorce/): Future inheritance and divorce, how is it treated? At Watson Morris we can help with all areas of family law including divorce. - [Are pre-nuptial agreements legally binding?](https://watsonmorrisfamilylaw.co.uk/are-pre-nuptial-agreements-legally-binding/): Are pre-nuptial agreements legally binding? A nuptial agreement cannot stop a financial claim being made to the court on marriage breakdown. --- # # Detailed Content ## Pages ### Hannah Wells – Legal Assistant > Hannah Wells from Watson Morris has worked within the legal sector for 11 years conducting a multitude of administrative tasks. - Published: 2023-06-30 - Modified: 2023-08-31 - URL: https://watsonmorrisfamilylaw.co.uk/hannah-wells/ Hannah has worked within the legal sector for 11 years conducting a multitude of administrative tasks including case management, file preparation and management support. Hannah will strive to go above and beyond when guiding clients through their legal journey and will always approach clients with respect and empathy. --- ### Client Complaint Policy > If at any stage you have concerns or wish to make a complaint you can follow our client complaint policy which can be found here. - Published: 2022-11-02 - Modified: 2025-01-22 - URL: https://watsonmorrisfamilylaw.co.uk/client-complaint-policy/ We are committed to providing a quality service to our clients. If you have any concerns about our service not only do we want to resolve it to your satisfaction but we also want to learn from it in order to improve our client experience. This policy sets out how we deal with formal complaints. If you feel your concerns can be addressed by speaking with the person handling your matter, then you should contact them first. Please note that doing so is not raising a complaint. If you do not feel comfortable speaking with the individual handling your matter or they cannot resolve your concern informally you can use the procedure in this policy at any time. Complaints may relate to anything we have done or failed to do. This can include the advice we have provided, the quality of service or what we have charged. Our complaints procedure Please contact us by email at clientexperience@watson-morris. co. uk or alternatively you can write to us by post to Client Experience, Watson Morris, 314 Midsummer Boulevard, Midsummer Court, Milton Keynes, MK9 2UN. Your email/letter should set out the full details of your complaint, including what you feel went wrong and what remedy you seek. You should also enclose all relevant correspondence or documentation to support your complaint. We will acknowledge your complaint within three working days of receipt and provide a copy of this Complaints Policy. We will then start to investigate your complaint, usually by reviewing the file and... --- ### Terms of use > Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use. - Published: 2022-11-02 - Modified: 2025-01-22 - URL: https://watsonmorrisfamilylaw.co.uk/terms-of-use/ Your use of the website www. watsonmorrisfamilylaw. co. uk the documents, files and other information available through it is subject to the following terms and conditions, as amended by us from time to time. Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and you agree to abide by them. If you do not agree to these terms of use, please do not use our site. USE OF AND ACCESS TO OUR SITE DOES NOT OF ITSELF CREATE A SOLICITOR/CLIENT RELATIONSHIP BETWEEN YOU AND WATSON MORRIS AND WHERE SUCH AN ARRANGEMENT DOES EXIST IT IS GOVERNED BY SEPARATE OFF-LINE TERMS OF ENGAGEMENT. The content on our site is for general information only and should not be regarded as an exhaustive analysis of the law. It is provided free of charge, does not constitute legal advice and must not be relied upon as such to make any decisions. For that reason, users should seek specific legal advice about any matter which concerns them. Who we are Watson Morris and Watson Morris Family Law are trading names of WM Law Ltd. WM Law Ltd is a limited company with registered company number 15922574 and its registered office is at 3 Warren Yard, Warren Park, Stratford Road, Wolverton Mill, Milton Keynes, MK12 5NW. Watson Morris is a Controller of personal data registered with the Information Commissioner under registration number ZB825697. WM Law Ltd is authorised... --- ### Cookies & website privacy policy > View our Cookie Policy here. Fin out what cookies are, how we use them and how we process data derived from them. - Published: 2022-10-31 - Modified: 2025-01-26 - URL: https://watsonmorrisfamilylaw.co.uk/cookie-policy/ Cookies & website privacy policy for Watson Morris Family Law LLP WM Law Ltd (trading as Watson Morris) understands that your privacy is important to you and that you care about how your personal data is used. We respect and value the privacy of everyone who visits this website, www. watsonmorrisfamilylaw. co. uk (“Our Site”) and will only collect and use personal data in ways that are described here, and in a way that is consistent with our obligations and your rights under the law. Please read this Privacy Policy carefully and ensure that you understand it. 1. Definitions and interpretation In this Policy the following terms shall have the following meanings: “Account”means an account required to access and/or use certain areas and features of Our Site; “Cookie”means a small text file placed on your computer or device by Our Site when you visit certain parts of Our Site and/or when you use certain features of Our Site. Details of the Cookies used by Our Site are set out in Part 14, below; and “Cookie Law”means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003; 2. Information about us Our Site is owned and operated by WM Law Ltd (trading as Watson Morris) a limited company registered in England under company number 15922574. Registered address: 3 Warren Yard, Warren Park, Stratford Road, Wolverton Mill, Milton Keynes, MK12 5NW. VAT number: 477240283Data Protection Officer: Caroline WatsonEmail address: caroline. watson@watson-morris. co. ukTelephone number: 03331 882964Postal address: 314 Midsummer... --- ### Clare Walters – Relationship coach and focussed mindfulness practitioner > Clare Walters is an accredited relationship coach and mindfulness practitioner at Watson Morris with 25 years’ experience. - Published: 2022-10-31 - Modified: 2023-02-13 - URL: https://watsonmorrisfamilylaw.co.uk/about-us/our-people/clare-walters-relationship-coach-and-focussed-mindfulness-practitioner/ Clare Walters is an accredited practitioner with 25 years’ experience. She developed the Focussed Mindfulness Method as a powerful approach for improving emotional wellbeing and has been teaching it to other practitioners for 15 years. She uses it with clients to help them deal with overwhelming emotions, anxiety and uncertainty and find an inner confidence, clarity and calm as they work through changes in their relationships. Claire teaches her clients the tools they can use to help them get their point of view across, be heard and can come to the best decisions for themselves and their loved ones with compassion and clarity. How do you live the firm's purpose through your work? I live our purpose by listening to my clients to get a clear understanding of their personal challenges and then share tools and techniques that will empower them to find their own solutions. What others say about Clare Walters "I wanted help with impartial advice on what I was going through and how to deal with it without taking it on board as guilt. I find it difficult to talk about my feelings, but during the sessions I relaxed and found it easy to open up in Clare's calming presence. I would 100% recommend her to somebody else" "We sometimes have to remind each other of the techniques we learned from Clare. But most of the time we can work together now. So much less stressful for the kids and me! I can actually enjoy my time... --- ### Lynn McBrearty – Holistic Wellbeing Specialist > Lynn McBrearty is a qualified life coach at Watson Morris. She is also a crystal reiki practitioner, reiki master and personal trainer. - Published: 2022-10-31 - Modified: 2023-02-13 - URL: https://watsonmorrisfamilylaw.co.uk/about-us/our-people/lynn-mcbrearty-holistic-wellbeing-specialist/ Lynn McBrearty is a qualified life coach, crystal reiki practitioner, reiki master and personal trainer. Whether you need support at the start, during or at the end of a relationship Lynn is passionate about helping people make positive change. From weight loss to self-confidence, identity crisis’ to motivation issues or simply giving yourself time to reflect and focus on your wellbeing Lynn will help you move forward with confidence. Before training as a holistic wellbeing specialist Lynn worked in the corporate sector, holding various management positions in Santander, Unisys and HSBC. Lynn also has personal experience of the aftermath of relationship breakdown as well as the stress of blending families and how the range of emotions, whichever side of the fence you sit on, can encompass hurt, guilt, anger, sadness, disappointment and frustration. How do you live the firm's purpose through your work? I live our purpose by really listening and making sure clients never feel judged. I then help them put in place the tools and resources they need to achieve positive change. What others say about Lynn McBrearty “I would consider her my trainer, therapist, coach and supportive friend all rolled into one for those few hours each week” Chambers UK --- ### video - Published: 2022-10-31 - Modified: 2022-10-31 - URL: https://watsonmorrisfamilylaw.co.uk/video/ hello --- ### Contact Us > Whatever your situation, wherever you are, Watson Morris Family Law are here for you. Contact us today for support. - Published: 2022-10-31 - Modified: 2023-03-06 - URL: https://watsonmorrisfamilylaw.co.uk/contact/ Whatever your situation, wherever you are, we’re here for you We work with clients across the UK and who live and work around the world. Whatever your financial status, or geographical location we provide the support you need. Please note we do not offer legal aid. For a free no obligation call to discuss how we can help you contact us: Call: +44 (0) 333 188 2963Email: enquiries@watson-morris. co. ukOr submit your details using the form below: --- ### Our Services > With more than 20 years’ experience in family law the team at Watson Morris have the expertise you need. View our Services. - Published: 2022-10-30 - Modified: 2023-02-23 - URL: https://watsonmorrisfamilylaw.co.uk/services/ --- ### Lindsay Kirkby – Legal Assistant > Lindsay Kirkby has over 20 years’ experience working in the legal industry and has worked with the team at Watson Morris for over 5 years. - Published: 2022-10-30 - Modified: 2023-02-13 - URL: https://watsonmorrisfamilylaw.co.uk/about-us/our-people/lindsay-kirkby/ Lindsay Kirkby has over 20 years’ experience working in the legal industry and has worked with the team at Watson Morris for over 5 years. How do you live the firm's purpose through your work? I live our purpose by being open and approachable and will always listen to the needs of our clients. --- ### Greg Bowyer – Senior Associate > Greg has over 8 years of experience advising on a wide variety of family law matters to include divorce, separation, cohabitation, pre and post nuptial agreements and children matters. - Published: 2022-10-30 - Modified: 2023-06-30 - URL: https://watsonmorrisfamilylaw.co.uk/about-us/our-people/greg-bowyer/ Greg has over 8 years of experience advising on a wide variety of family law matters to include divorce, separation, cohabitation, pre and post nuptial agreements and children matters. Greg prides himself on offering clear, no-nonsense advice to his clients to make sure the law is understandable and transparent. How do you live the firm’s purpose through your work? I live our purpose by really listening and empathising with my clients - and then I seek to help them by pragmatic, supportive and solution-based thinking.   Reasons clients choose to work with Greg: Focus on the client’s priorities and goalsExcellent litigator as well as adept at supporting clients to use alternatives to court.  Experience in cases involving significant wealth, including pre-marital and inherited wealth, complex businesses, pension arrangements and properties. Experience in advising on arrangements for children and including those with an international element.  Straight-talking and pragmatic approach. Dedication and commitment to helping clients move on with dignity, respect and confidence.   Greg is also a trained collaborative lawyer enabling his clients to meet directly to work through their separation as well as being a member of Resolution (a national organisation promoting an amicable and conciliatory approach in family law cases). --- ### Peter Morris – Partner > Peter Morris, Family Lawyer, is described as dependable, forthright and honest in his presentation in and out of court. - Published: 2022-10-30 - Modified: 2023-02-13 - URL: https://watsonmorrisfamilylaw.co.uk/about-us/our-people/peter-morris/ Peter Morris has over twenty-five years’ experience in family law to include divorce, separation, cohabitation, pre and post nuptial agreements and children matters. Ranked in the legal directories and as a leading individual in the Legal 500, Peter is described as dependable, forthright and honest in his presentation in and out of court. You can be confident of the very best outcome for you and your family with Peter by your side. How do you live the firm's purpose through your work? I live our purpose by really listening to my clients and understanding where they have specific concerns – and then I seek to help them address those concerns, and set out all options in a calm, considered and helpful way. Reasons clients choose to work with Peter Morris: Proactive, commercial and solution-based thinking. Adept at negotiating settlements as litigating to protect clients' interests, whether in relation to financial issues or the arrangements for children. Experience in cases involving an international element, inherited wealth and assets acquired pre-marriage as well as the valuation of businesses, properties and pensions.  Works closely with other professional advisors on asset protection issues. Dedication and commitment to helping clients move on with dignity, respect and confidence. Peter is also a trained collaborative lawyer enabling his clients to meet directly to work through their separation as well as being a member of Resolution (a national organisation promoting an amicable and conciliatory approach in family law cases). Peter is also a member of Resolution’s Wellbeing Committee.... --- ### Caroline Watson – Partner > Caroline Watson has over twenty years’ experience in all areas of family law. If you require advice on family law contact Watson Morris today - Published: 2022-10-30 - Modified: 2023-02-13 - URL: https://watsonmorrisfamilylaw.co.uk/about-us/our-people/caroline-watson/ Caroline Watson has over twenty years’ experience in family law to include divorce, separation, cohabitation, pre and post nuptial agreements and children matters. Ranked by the legal directories and a top recommended lawyer in Spear’s 500 Caroline is described by her peers as meticulous in her case presentation and technically excellent. You can be confident of the very best outcome for you and your family with Caroline by your side. How do you live the firm's purpose through your work? I live our purpose by making sure clients never feel judged – so they have the confidence to share with me everything that matters to them – and I can then help them navigate the best pathway forward to enable them to achieve their goals. Reasons clients choose to work with Caroline: Excellent litigator as well as adept at supporting clients to use alternatives to court. Commercial understanding of business structures and complex financial arrangements, including forensic accountant reports, hidden assets, tax and cases involving third party interests. International expertise and experience in cases involving inherited wealth, assets acquired pre-and post-relationship and pensions. Straight-talking and pragmatic approach. Dedication and commitment to helping clients move on with dignity, respect and confidence. Caroline is also a trained collaborative lawyer enabling her clients to meet directly to work through their separation as well as being a member of Resolution (a national organisation promoting an amicable and conciliatory approach in family law cases). What others say “Caroline Watson is well prepared and thorough. She... --- ### Our People > Meet the team at Watson Morris by visiting the 'Our People' page on our website. We are proud of our team and what they have achieved. - Published: 2022-10-30 - Modified: 2025-01-22 - URL: https://watsonmorrisfamilylaw.co.uk/about-us/our-people/ We’ve made a difference to hundreds of families Below are our bios, but to really get a sense of what we are like to work with, please call us for an initial free appointment. --- ### About Us > At Watson Morris we help our clients to start or end a relationship with confidence. Contact us today if you require legal advice. - Published: 2022-10-30 - Modified: 2023-02-13 - URL: https://watsonmorrisfamilylaw.co.uk/about-us/ We will help you start the next chapter of your life with dignity and confidence We know you want to work with trusted, capable, proven lawyers. And that's what we are. But more than this, we are a team driven by a shared purpose: to help our clients start or end a relationship with confidence. Our people, and those we have chosen to work with to provide our clients with additional services, share our values and approach. --- ### 2Unify > Watson Morris Family Law 2Unify service offers legal expertise alongside relationship coaching to achieve a strong and secure relationship. - Published: 2022-10-30 - Modified: 2023-02-23 - URL: https://watsonmorrisfamilylaw.co.uk/services/2unify/ Legal expertise alongside relationship coaching Nobody goes into a relationship expecting it not to work out and the thought of having a conversation with your partner about your life plans can seem daunting or unromantic, especially in the early stages of a relationship. Watson Morris Family Law 2Unify service offers legal expertise alongside relationship coaching to lay the foundations for a strong and secure relationship. This service will help you to address the practicalities of living together. Whether that is starting a family, combining your finances, thinking about your career aspirations or blending two households, our team will guide and support you as you plan your future together. --- ### Second Opinion > We can give you a second opinion whether you are already instructing a lawyer or conducting your own proceedings. - Published: 2022-10-30 - Modified: 2023-02-27 - URL: https://watsonmorrisfamilylaw.co.uk/services/second-opinion/ We can give you a second opinion whether you are already instructing a lawyer or acting as a litigant in person and conducting your own proceedings.   Working with us you will understand the law, your options and have the confidence to take control. --- ### Pre and Post-Nuptial Agreements > For legal support and advice on Pre and Post-Nuptial Agreements contact the team at Watson Morris Family Law. - Published: 2022-10-30 - Modified: 2025-02-04 - URL: https://watsonmorrisfamilylaw.co.uk/services/pre-and-post-nuptial-agreements/ Pre-nuptial or pre-marital agreements A pre-nuptial or pre-marital agreement (also commonly referred to as a ‘pre-nup’) will map out how your finances will be divided in the event of a separation.  They can also include practical arrangements, providing financial security at the same time as reducing the stress, uncertainty, and cost of having to unravel your affairs should the worst happen. Post-nuptial agreements A post-nuptial agreement (also commonly referred to as a ‘post-nup’) is entered into after marriage. These can be used if there has been a change of circumstance after marriage, for example receipt of an inheritance or other significant financial change. They can also be used if there hasn’t been enough time before the marriage to complete a pre-nup. --- ### International Family Law > Whether you are an expat or working abroad, a foreign national or about to relocate or choose Watson Morris for international family law. - Published: 2022-10-30 - Modified: 2023-02-27 - URL: https://watsonmorrisfamilylaw.co.uk/services/international-family-law/ Whether you are an expat or working abroad, a foreign national, about to relocate or have a close connection to more than one country we have the international expertise to help you navigate the complexities of international family law. --- ### Financial Settlements for Unmarried Couples > We have a wealth of experience advising on separation agreements and Financial Settlements for Unmarried Couples - Published: 2022-10-30 - Modified: 2025-02-04 - URL: https://watsonmorrisfamilylaw.co.uk/services/financial-settlements-for-unmarried-couples/ We understand that negotiating a financial settlement or navigating your way through court proceedings can be daunting Working with us, you will understand the law, your options and have the confidence to take control. We have a wealth of experience advising on separation agreements and applications under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) and where children are involved, we can help you put in place child-focused care arrangements and child support. We understand the need for practical as well as legal support and will focus on the wellbeing of you and your family throughout. Our technical expertise combined with our practical support will ensure that, during a period of uncertainty, you remain focused on what’s best for you and your family. --- ### Financial Settlements for Married Couples > We understand that negotiating financial settlements for married couples can be daunting. Contact Watson Morris for legal support and advice. - Published: 2022-10-30 - Modified: 2025-02-04 - URL: https://watsonmorrisfamilylaw.co.uk/services/financial-settlements-for-married-couples/ We understand that negotiating a financial settlement or navigating your way through financial remedy proceedings can be daunting To protect your financial future, we recommend you take early legal advice. We have a wealth of experience advising on financial remedy claims and settlements and where children are involved, we can help you put in place child-focused care arrangements and child support. We understand the need for practical as well as legal support and will focus on the wellbeing of you and your family throughout. Our technical expertise combined with our practical support will ensure that, during a period of uncertainty, you remain focused on what’s best for you and your family. --- ### Domestic Abuse > Domestic Abuse may also be psychological, sexual, financial or emotional. Contact Watson Morris if you require legal support. - Published: 2022-10-30 - Modified: 2023-02-27 - URL: https://watsonmorrisfamilylaw.co.uk/services/domestic-abuse/ Domestic abuse does not have to be physical Abuse may also be psychological, sexual, financial or emotional. Sometimes victims may not even be aware it is happening. Children who witness domestic abuse are victims too. We can also help if you have been a victim of coercive control. Coercive control is an act or sometimes a pattern of acts of assault, threats, humiliation and intimidation or other abuse that is used to harm, punish, or frighten a victim. This controlling behaviour is designed to make a person dependent by isolating them from support, exploiting them, depriving them of independence and regulating their everyday behaviour. Examples include: Isolating you from friends and familyControlling your financesMaking threats or intimidating youMonitoring your timeMonitoring you via online communication tools or spywareTaking control over aspects of your everyday life, such as where you can go, who you can see, what you can wear and when you can sleepDepriving you of access to support services, such as medical servicesRepeatedly putting you down, such as saying you’re worthlessHumiliating, degrading or dehumanising you Domestic abuse occurs amongst people from all walks of life, of all backgrounds and of all ages. Although often seen as committed by men against women, victims can also be male or individuals who are in a same-sex relationship. --- ### Creating a Family > Understand the legalities involved in creating a family, so you can start your family with confidence. Contact us for more information. - Published: 2022-10-30 - Modified: 2023-02-27 - URL: https://watsonmorrisfamilylaw.co.uk/services/creating-a-family/ Starting a family is a life changing decision You may have taken the decision to use a surrogate, adopt a child, co-parent or receive assistance to conceive a child – with or without a gamete donor. If so, it is important that you understand the legalities involved in the process, so you can start your family with confidence. --- ### Cohabitation Agreements > Cohabitation Agreements are for couples who live together but are not married. The agreement protects them should their relationship end. - Published: 2022-10-30 - Modified: 2025-05-16 - URL: https://watsonmorrisfamilylaw.co.uk/services/cohabitation-agreements/ Cohabitation Agreements for Protection and Certainty Couples who live together (‘cohabit’) but don’t marry have very few rights, obligations or protections should their relationship end. This can cause real uncertainty, difficulties, and expense if you split up. A cohabitation agreement (also known as cohabitation contract, cohabitation deed or living together agreement) can remove uncertainty by recording the financial and practical arrangements you want to make both during your relationship and in the event of a separation. At Watson Morris we offer support for cohabitation agreements including fixed fee cohabitation agreements. Contact us for more information or to discuss your situation. --- ### Child Maintenance and Financial Support for Children > Child maintenance (also commonly called child support) is financial support payable towards a child’s everyday living expenses - Published: 2022-10-27 - Modified: 2024-10-10 - URL: https://watsonmorrisfamilylaw.co.uk/services/child-maintenance-and-financial-support-for-children/ Child maintenance (also commonly called child support) is financial support payable towards a child’s everyday living expenses It can also cover one-off expenses and housing costs. You can agree the level of maintenance between you, ask the Child Maintenance Service (CMS) to calculate the amount or in certain circumstances the court can make maintenance and financial provision orders. If you already have a child maintenance agreement, order or assessment in place we can also help you with a review or variation application. We will guide you through your child support options and secure you and your children the best possible outcome. Working with us you will understand the law, your options and have the confidence to take control. --- ### Child Arrangements and Parental Disputes > Child Arrangements and Parental Disputes. Our child law team will guide you through making an application for a child arrangements order - Published: 2022-10-27 - Modified: 2024-02-21 - URL: https://watsonmorrisfamilylaw.co.uk/services/child-arrangements-and-parental-disputes/ If you cannot agree the day-to-day child arrangements, our expert child law team will guide you through making an application for a child arrangements order Child Arrangement Orders used to be referred to as residence, custody, contact and access orders. If your child needs protection we will advise you on your options, including an application for a prohibited steps order. We also have experience in cases involving parental alienation and other allegations of child abuse. --- ### Dispute Resolution > Alternative dispute resolution (ADR) refers to the different ways people can resolve disputes without going to court. - Published: 2022-10-27 - Modified: 2024-06-14 - URL: https://watsonmorrisfamilylaw.co.uk/services/dispute-resolution/ Non-court dispute resolution (NCDR) refers to the different ways people can resolve disputes without going to court. A combination of NCDR processes can be used during your dispute, or they can be used alongside litigation. Whilst court proceedings are usually the last resort, in some cases they may be necessary. You might have to consider issuing a court application if the other party refuses to use NCDR or if there are third parties involved, safeguarding issues or concerns over disclosure and hidden assets. Once however the other party are engaging you can consider using NCDR alongside the litigation to try and reach an early resolution. --- ### Our Support Hub > Visit Our Support Hub for Life coaching and looking after your wellbeing. Contact us for more information or to discuss your case. - Published: 2022-10-25 - Modified: 2023-02-23 - URL: https://watsonmorrisfamilylaw.co.uk/support/ Life coaching and looking after your wellbeing The life coaches we work with are passionate about helping people make positive change. Whether it is self-confidence or loss of identity or just needing some time to reflect. Our coaches are happy to have an initial free discussion to see how they can help. --- ### Divorce, Dissolution and Judicial Separation > Divorce, Dissolution and Judicial Separation. We understand the need for practical and legal support. We will focus on your wellbeing. - Published: 2022-10-24 - Modified: 2025-05-12 - URL: https://watsonmorrisfamilylaw.co.uk/services/divorce-dissolution-and-judicial-separation/ We understand We understand the need for practical as well as legal support during divorce, dissolution and judicial separation. We endeavour to focus on the wellbeing of you and your family throughout the process. Our technical expertise combined with our practical support will ensure that, during a period of uncertainty, you remain focused on what’s best for you and your family. --- ### Home > Watson Morris Family Law. Family lawyers who help you start or end a relationship with confidence. Contact us today for support. - Published: 2022-10-20 - Modified: 2023-02-23 - URL: https://watsonmorrisfamilylaw.co.uk/ What do our clients value most about us? Our clients are our best advocates. When we ask them what they most valued about their relationship with us, they say: Our empathy and straightforward approach to giving them the facts and information they needOur focus on their wellbeing and not just the lawOur ability to grasp individual circumstances and needsNon-judgemental – which enables them to share information with confidence and trustBeing available and responsiveTransparency in relation to costsThe care we show them and their familiesOur unstuffy and down to earth approach https://www. youtube. com/watch? v=W2K1QWbeMdQ --- ### Privacy Notice > View our Privacy Notice to find out how we process and use the data you provide us with. Contact us for more information. - Published: 2022-10-19 - Modified: 2025-01-22 - URL: https://watsonmorrisfamilylaw.co.uk/privacy-notice/ What Is This? When you deal with WM Law Ltd (trading as Watson Morris) you trust us with your information. We take privacy seriously and we are committed to protecting the data you provide to us. This policy explains when and why we process personal data collected from you or provided to us by third parties, how this data is used, the conditions under which it may be disclosed to others, and how it is kept secure. It also provides you with information regarding various rights you may have in respect of processing of your personal data by Watson Morris. This policy may be updated from time to time in accordance with changing privacy and data protection laws, so please re-visit this page occasionally to ensure that you are happy with any changes. If any amendments have an impact on how we process your personal data, the notice will say so. Who We Are WM Law Ltd (trading as Watson Morris) is a limited company with registered company number 15922574 and its registered office is at 3 Warren Yard, Warren Park, Stratford Road, Wolverton Mill, Milton Keynes, MK12 5NW. Watson Morris is a Controller of personal data registered with the Information Commissioner under registration number ZB825697. As a law firm, in most situations Watson Morris is a data Controller. This means that Watson Morris determines why and how the personal data it collects, is processed. In very limited circumstances, Watson Morris may act as a data Processor, in which case... --- --- ## Posts ### What amounts to conduct in financial remedy proceedings? > What amounts to conduct in financial remedy proceedings? Contact Watson Morris Family Law for help and advice. - Published: 2025-02-12 - Modified: 2025-02-13 - URL: https://watsonmorrisfamilylaw.co.uk/what-amounts-to-conduct-in-financial-remedy-proceedings/ - Categories: Dispute Resolution, Divorce, Dissolution and Judicial Separation, Featured, Financial Settlements for Married Couples, Insights, Nuptial Agreements ‘No-fault divorce’ means couples no longer need to support the irretrievable breakdown of their marriage with a supporting fact and ‘blame’ the other. Whilst the reason for the marriage breakdown is not usually relevant, conduct in financial remedy proceedings may be taken into account if in the opinion of the court it would be inequitable to disregard it(section 25(2)(g), Matrimonial Causes Act 1973). Conduct in financial remedy proceedings In this insight we explain what amounts to conduct in financial remedy proceedings. For an overview of the court procedure if a spouse raises conduct in divorce proceedings see our insight What is conduct? In OG v AG EWFC 52, Mostyn J observed ‘Times have changed. The financial remedy court is no longer a court of morals. Conduct should be taken into account not only where is it inequitable to disregard but only where its impact is financially measurable. It is unprincipled for the court to stick a finger in the air and arbitrarily to fine a party for what it regards as immoral conduct’. Mostyn also observed that there are four types of conduct: Gross and obvious personal misconduct requiring a financial consequence if it is to be reflected in the award. Wanton and reckless dissipation of assets leading to add-back. Litigation misconduct leading to a costs order. Non-disclosure leading to inferences being drawn about the extent of the assets. Personal conduct In N v J EWFC 184 Peel J reviewed the authorities on personal misconduct and emphasised that while section... --- ### Website of the Year Goes to Watson Morris > At Watson Morris, we are thrilled to have been awarded Gold Website of the Year in this year’s SME MK & Buckinghamshire Business Awards! - Published: 2024-06-27 - Modified: 2025-01-22 - URL: https://watsonmorrisfamilylaw.co.uk/website-of-the-year-goes-to-watson-morris/ - Categories: Insights, News We are thrilled to have been awarded Gold Website of the Year in this year’s SME Business Awards! The Awards Ceremony The SME Business Awards Ceremony was held on Monday, 24th June, at Double Tree Hilton in Milton Keynes. This is a spectacular venue as it is within the MK Dons Stadium! After a drinks reception, it was time to take our seats and be welcomed by Harry’s Rainbow – a charity local to Milton Keynes to support children through bereavement. Following a delicious three-course meal, we were serenaded by two amazing singers, Rory Campbell and Andy Searle. The atmosphere was amazing, and everyone was in high spirits! Website of the Year It was then time for the awards—each category had a silver and gold winner. Watson Morris had made it to the final of three categories Website of the YearBest New Business of the YearHigh Growth Business of the Year We were overjoyed to achieve the gold Website of the Year award. Our Website At Watson Morris, we strive to provide people with clear and relevant legal advice regarding all aspects of family law, and our website is one way we do that. Over the past two years that we have been in business, we have created different ways for people to access information that can help them regardless of whether they are clients or not. Our insights provide advice on specific situations and questions that we get asked regularly. Some of our most popular insights answer questions that... --- ### What is a Mediation Information Assessment Meeting (MIAM)? > A Mediation Information Assessment Meeting, is a first meeting with a trained mediator to consider if issues can be solved without court. - Published: 2024-04-30 - Modified: 2024-10-21 - URL: https://watsonmorrisfamilylaw.co.uk/what-is-a-mediation-information-assessment-meeting/ - Categories: Dispute Resolution, Insights In private law, children, and financial remedy proceedings, there is a requirement for an application to initiate proceedings to be accompanied by a form containing either confirmation from an authorised mediator that the prospective applicant has attended a Mediation Information Assessment Meeting (MIAM) or, a claim by the prospective applicant that one of the MIAM exemptions applies. What is a MIAM? A MIAM is a first meeting with a specially trained mediator to consider whether your issues can be resolved without going to court. This is an individual meeting and a confidential meeting to give you an opportunity to talk about your situation and the issues that need to be addressed. The mediator will provide you with information about the non-court dispute resolution options, including mediation and discuss with you their advantages and disadvantages. Circumstances in which the MIAM requirement does not apply: If you want to issue an application at court it is a requirement in most cases to first attend a Mediation Information Assessment Meeting and attach to your application confirmation from the mediator of attendance at the MIAM. This does not however apply in every case. The circumstances where a MIAM requirement does not apply are as follows: Evidence of domestic abuseThe Domestic Abuse Act 2021 defines ‘abusive behaviour’ as any of the following: Physical or sexual abuseViolent of threatening behaviourControlling or coercive behaviourEconomic abusePsychological, emotional or other abuse Child protection concerns UrgencyThere is risk to the life, liberty or physical safety of the prospective applicant or his... --- ### Changes to the Family Procedure Rules > Recent changes to the Family Procedure Rules mean families and the court must do more than simply consider non-court dispute resolution. - Published: 2024-04-30 - Modified: 2024-10-21 - URL: https://watsonmorrisfamilylaw.co.uk/changes-to-the-family-procedure-rules/ - Categories: Dispute Resolution, Insights Recent changes to the Family Procedure Rules mean families and the court must do more than simply consider non-court dispute resolution. Changes to the Family Procedure Rules Amendments to the Family Procedure Rules came into force on 29 April 2024 and make provision for the court to encourage parties to resolve their disputes out of court. The new rules require parties to file a form with the court setting out their views on using non-court dispute resolution and make provision for the court to use timetabling to encourage non-court dispute resolution. When deciding what cost orders to make in financial remedy proceedings the new rules expressly provide for the court to have regard to any failure by a party, without good reason to attend a Mediation Information Assessment Meeting (MIAM) or attend non-court dispute resolution. Whilst there is nothing new in offering clients alternatives to court and indeed at Watson Morris we have been using alternative dispute resolution for years, there remain many practitioners whose default has always been court. Under the new rules they must do more than advise clients to consider non-court dispute resolution otherwise they may face criticism and adverse cost orders being made against them. The rules also bring in a new a new definition of non-court dispute resolution which means ‘methods of resolving a dispute other than through the court process, including but not limited to mediation, arbitration, evaluation by a neutral third party (such as a private Financial Dispute Resolution process) and collaborative law’.... --- ### What is child-inclusive mediation? > What is child-inclusive mediation and why is it important? Find out why it’s essential for a child to have their voice heard. - Published: 2024-03-01 - Modified: 2024-10-21 - URL: https://watsonmorrisfamilylaw.co.uk/what-is-child-inclusive-mediation/ - Categories: Child Arrangements and Parental Disputes, Dispute Resolution, Insights Family mediation is a process in which an independent, professionally trained mediator helps you work out arrangements for children and finances following separation. Child-inclusive mediation provides opportunities for children and young people to have their voices heard directly during the process of mediation. This helps them to feel respected and listened to and, at their request, to assist parents or carers to receive, understand and take account of the child's messages and/or suggestions regarding decisions and arrangements for them. The purpose of child-inclusive mediation is to give children a ‘voice’ rather than a ‘choice’. The decision making process will always remain with the adults. Child inclusive mediation: Why is the voice of a child important in mediation? In March 2022 the Healthy Relationship Education and Healthy Relationship Transitions Project led by Professor Anne Barlow at the University of Exeter was published (the HREHRT project). The research confirms that one of the barriers to a greater uptake of child-inclusive mediation is due to parental reluctance to engage in the process because of a wish to shield children from what is viewed as the adult dispute. Contrary to this view, the research shows that children want their voice to be heard. Previous research has also shown, and that child-inclusive mediation ameliorates the adverse effects of parental separation on children by reducing parental conflict (McIntosh et al. , 2008; Fortin et al. , 2012). The HREHRT project explored young people’s experiences of child-inclusive mediation and found: Children wanted a voice in the decision-making... --- ### Unmarried couples and property rights- who gets to occupy the family home on separation? > Questions always arise when it comes to unmarried couples, property rights & who gets to occupy the family home on separation - Watson Morris - Published: 2024-02-26 - Modified: 2025-05-16 - URL: https://watsonmorrisfamilylaw.co.uk/unmarried-couples-and-property-rights-who-gets-to-occupy-the-family-home/ - Categories: Cohabitation Agreements, Featured, Financial Settlements for Unmarried Couples, Insights Questions always arise when it comes to unmarried couples and property rights. In this insight we’re focusing on who gets to occupy the family home on separation. Unmarried couples and property rights: Who gets to occupy the family home if it is jointly owned? If property is jointly owned both parties will be entitled to occupy the property unless their occupation has been prohibited, suspended or restricted. This could be by an occupation order under Part IV of the Family Law Act 1996 (FLA 1996) or by the court’s powers under section 13 of the Trusts of Land and Appointment of Trustees Act 1996 (TLATA 1996). Occupation order under the FLA 1996 An occupation order is an order conferring, declaring, restricting, or regulating rights of occupation in the family home between parties who are in, or who have been in certain categories of relationship including an unmarried couple. An application may be made under FLA 1996 section 33 by an applicant who has an estate, interest, or home rights in the property. To apply the applicant must satisfy three conditions; namely that the applicant is entitled to occupy a property termed ‘a dwelling-house’, the respondent is ‘associated’ and the property must be, have been, or have been intended to be the home of the applicant and respondent. In deciding whether to make an occupation order, the court will consider all the circumstances of the case, including: the housing needs and housing resources of the parties and any relevant child;the financial... --- ### Tax Implications following cohabitation breakdown > This insight will highlight the tax implications following the breakdown of cohabitation and what unmarried couples should think about. - Published: 2023-11-14 - Modified: 2024-10-21 - URL: https://watsonmorrisfamilylaw.co.uk/tax-implications-following-cohabitation-breakdown/ - Categories: Divorce, Dissolution and Judicial Separation, Featured, Insights This insight will highlight the tax implications following the breakdown of cohabitation and what unmarried couples should think about during this process. If you are currently married and need advice on tax implications following divorce - take a look at our previous insight, Tax Implications Following Separation and Divorce. What is capital gains tax? Capital gains tax (CGT) is a tax on the profit when you sell or ‘dispose’ of an asset in a tax year. It is the gain you make that is taxed, not the amount of money you receive. The definition of a disposal includes not only a sale of an asset, but also a disposal by way of gift or a transfer under a financial settlement. You only pay CGT on your overall gains above your tax-free allowance (called the Annual Exempt Amount). To find out what the annual exemption is for the current tax year visit: CGT allowances Losses can be offset against the chargeable gain. Losses are firstly offset against gains arising in the same tax year. If losses exceed the gains arising in the same year, the losses are carried forward to be offset against future chargeable gains. If you dispose of an asset you jointly own with someone else, you only pay CGT on your share of the gain. What assets do you pay capital gains tax on? You pay CGT on the gain when you sell or dispose of chargeable assets, examples of which include: Personal possessions worth £6,000 or more... --- ### Consent orders in divorce: What is a consent order, and why should I get one when I divorce? > A consent order in divorce is best thought of as a contract between a divorcing couple, which is legally binding once approved by the court. - Published: 2023-11-08 - Modified: 2024-10-21 - URL: https://watsonmorrisfamilylaw.co.uk/consent-order-in-divorce/ - Categories: Divorce, Dissolution and Judicial Separation, Featured, Insights As a law firm specialising in family law, consent orders in divorce are something we regularly help our clients with. Divorce is often an uncertain time for all parties involved. To alleviate some of that uncertainty, you should make sure to have a consent order in place to deal with your finances when you divorce. It is a common misconception that divorce finalises everything when a marriage ends. Two parties can be divorced, but their financial claims will remain open unless they obtain a consent order which is approved by a court. What is a consent order in divorce? A consent order in divorce is best thought of as a contract between a divorcing couple, which becomes legally binding once approved by the court. It sets out how marital assets and income are to be distributed between the divorcing couple. What can a consent order include? A consent order in divorce can and should include everything which forms part of the couple’s assets and income. This will also include their pensions. If a house is to be sold, or money is to change hands, bank accounts are transferred or closed, or maintenance is to be paid, then these should all be addressed within a consent order and in a way which offers finality and closure for both parties as soon as possible. There might be some aspects of the marital finances which cannot be immediately finalised, for example, if a pension needs to be shared or maintenance needs to be... --- ### Tax Implications of separation and divorce > Tax implications of separation and divorce can be complex and costly if you do not seek professional advice. Contact the team at Watson Morris - Published: 2023-10-27 - Modified: 2024-10-21 - URL: https://watsonmorrisfamilylaw.co.uk/tax-implications-of-separation-and-divorce/ - Categories: Divorce, Dissolution and Judicial Separation, Featured, Insights Different tax rules apply depending on whether a couple is married, separated or divorced. This insight will highlight the tax implications of separation and divorce and what you should consider during this process. When do you cease to be a married couple for tax purposes? For tax purposes, a couple is treated as ceasing to be a married couple from the point of separation rather than the start of the divorce proceedings. Under legislation, separation is defined as the point at which a couple are separated under a court order or in circumstances in which the separation is likely to be permanent. What is capital gains tax? Capital gains tax (CGT) is a tax on the profit when you sell or ‘dispose’ of an asset in a tax year. It is the gain you make that is taxed, not the amount of money you receive. The definition of a disposal includes not only a sale of an asset, but also a disposal by way of gift or a transfer under a divorce settlement. You only pay CGT on your overall gains above your tax-free allowance (called the Annual Exempt Amount). To find out what the annual exemption is for the current tax year, visit CGT allowances Losses can be offset against the chargeable gain. Losses are firstly offset against gains arising in the same tax year. If losses exceed the gains arising in the same year, the losses are carried forward to be offset against future chargeable gains. If you dispose... --- ### What happens to my spousal and child maintenance payments if I move abroad after divorce? > What happens to maintenance payments if I move abroad? And is it different for child maintenance and spousal maintenance? Watson Morris - Published: 2023-09-29 - Modified: 2024-10-21 - URL: https://watsonmorrisfamilylaw.co.uk/maintenance-payment-if-i-move-abroad/ - Categories: Child Arrangements and Parental Disputes, Child Maintenance and Financial Support for Children, Divorce, Dissolution and Judicial Separation, Featured, Insights What happens to spousal and child maintenance payments if one person moves abroad following a divorce or separation? There are many reasons why, following a separation and divorce, one party may choose to move out of the UK. Before making the move, it is important to think about how this could affect maintenance payments which have been put in place during the divorce process. These are periodical payments, also known as child or spousal maintenance. Spousal or child maintenance? Maintenance payments are almost always paid to ensure the receiving party can meet their day-to-day needs and the needs of any children they are caring for. It is therefore vital to know, when considering a move abroad following a divorce, whether these maintenance payments can still be received and the laws which exist to ensure payments continue, even after moving. It is important to know whether the maintenance being received is maintenance for a child (or children), known as child maintenance or whether it is for the person who is receiving the maintenance, known as spousal maintenance. This could make a difference to the effect moving abroad will have on those payments. The destination of the move It is important to establish early on, before a move abroad, what local laws in the destination country say about payment of maintenance. Local laws will likely govern the interaction with the legal system of England and Wales and stipulate any restrictions or actions which need to be taken when moving, to ensure that... --- ### Technology In Court: Can Court Documents Be Served By Email? > What adaptations have been made to accommodate electronic communication in court? And when can court documents be served by email? - Published: 2023-09-22 - Modified: 2025-04-23 - URL: https://watsonmorrisfamilylaw.co.uk/can-court-documents-be-served-by-email/ - Categories: Dispute Resolution, Divorce, Dissolution and Judicial Separation, Featured, Financial Settlements for Married Couples, Insights, Nuptial Agreements People often ask us if court documents can be served by email – especially as email has become a more common and reliable form of communication for everyone.   Historically court documents could not be served this way, however, this has changed over the past few years to accommodate a more modern way to serve documents. Below, we have outlined where this format of serving is acceptable and where it is not. The background on court documents being served by email The COVID-19 pandemic arriving in 2020 meant that the entire legal system had to make swift and concise changes to acceptable methods of correspondence.   The postal system became less reliable and delayed, but email and similar electronic communications remained prompt and dependable, and it was a system which almost everybody already used for most day-to-day communication.   What adaptations have been made to accommodate electronic communication? And when can court documents be served by email? Can matrimonial applications or divorce orders be served by email? The Family Procedure Rules 2010 (FPR) set out what is acceptable to the courts when it comes to electronic communication methods, including email.   Part 6. 7A FPR clarifies that email is an acceptable form to ‘serve’ court applications relating to a matrimonial order, but this is subject to the person being served agreeing to being served by email, or the documents being sent to their usual email address.   Practice Direction (PD) 6A, which accompanies the FPR, clarifies that a ‘usual’ email address would... --- ### Conduct in divorce proceedings; What is the court procedure if my spouse raises conduct? > What is the court procedure if my spouse raises conduct? Contact Watson Morris Family Law for help and advice. - Published: 2023-08-31 - Modified: 2024-10-21 - URL: https://watsonmorrisfamilylaw.co.uk/what-is-the-court-procedure-if-my-spouse-raises-conduct/ - Categories: Dispute Resolution, Divorce, Dissolution and Judicial Separation, Featured, Financial Settlements for Married Couples, Insights, Nuptial Agreements For conduct in divorce proceedings to be relevant in an application for a financial order it must be of a nature that it would be ‘inequitable to disregard’ (section 25(2)(g), Matrimonial Causes Act 1973). Conduct will only be relevant in exceptional circumstances. A party who pursues inappropriate conduct arguments may find a cost order is made against them. Court procedure for conduct in divorce proceedings In this insight we explain the court procedure if one party in a divorce raises conduct within their financial remedy proceedings. For an overview of what amounts to conduct in divorce proceedings see our insight Financial statement for a financial order under the Matrimonial Causes Act 1973 (MCA 1973)/ Civil Partnership Act 2004 The first stage in an application for a financial order is for the parties to file their financial disclosure using the Financial Statement Form E. At paragraph 4. 4 of Form E it states ‘Bad behaviour or conduct by the other party will only be taken into account in very exceptional circumstances when deciding how assets should be shared after divorce/dissolution. If you feel it should be taken into account in your case, identify the nature of the behaviour or conduct’. Whilst the form makes it clear that conduct will only be taken into account in very exceptional circumstances it can be tempting for parties to go into detail about the other’s bad behaviour. In WC v HC (Financial Remedies Agreements) EWFC 22, 2 FLR 1110 at para Mr Justice Peel said... --- ### Can I force the sale of my house in a divorce? > Can I force the sale of my house in a divorce? Contact Watson Morris Family Law for help and advice when it comes to divorce and property. - Published: 2023-08-17 - Modified: 2025-04-23 - URL: https://watsonmorrisfamilylaw.co.uk/can-i-force-the-sale-of-my-house-in-a-divorce/ - Categories: Dispute Resolution, Divorce, Dissolution and Judicial Separation, Featured, Financial Settlements for Married Couples, Insights, Nuptial Agreements If your property is no longer affordable and you are at risk of repossession or bankruptcy you may be able to apply to the court for an interim order for sale to force the sale of your house during your divorce. In this insight we explain the position for divorcing couples without an existing financial order in place. If you already have a financial order in place and your ex-spouse is not co-operating with the order you will need to return your case to court for directions and/or issue enforcement proceedings. For more information read our insight How can I enforce a sale or transfer of property in a divorce order? (watsonmorrisfamilylaw. co. uk). There are several ways you can apply to the court for an order to force the sale of your house in a divorce: Application under section 14 of the Trust of Land and Appointment of Trustees Act 1996 (TLATA 1996) Section 14 of TLATA 1996 allows for the sale of any matrimonial property in which both parties have a legal or beneficial interest. The court has discretion to make any order that it thinks fit, including an order excluding occupation. When exercising its discretion the court has to take into account a number of factors, including the purposes for which the property is held and the circumstances and wishes of the individuals entitled to occupy the property (section 15, TLATA 1996). In Miller-Smith v Miller-Smith EWCA Civ 1297, the Court of Appeal held that the husband was... --- ### Keeping Confidence: Anonymity in family court proceedings > Anonymity in family court proceedings is often a concern for those engaged in the court process. Find out how Watson Morris can help. - Published: 2023-08-10 - Modified: 2024-10-21 - URL: https://watsonmorrisfamilylaw.co.uk/anonymity-in-family-court-proceedings/ - Categories: Dispute Resolution, Divorce, Dissolution and Judicial Separation, Featured, Financial Settlements for Married Couples, Insights, Nuptial Agreements Anonymity in family court proceedings is often a concern for those engaged in the court process. Exposing one’s personal circumstances or assets undoubtedly feels like the most serious invasion of privacy imaginable. Yet, the principle of openness of the English and Welsh legal system ensures transparency, and protects the integrity of the legal system as a publicly available recourse. So, how is this managed in practice? Anonymity in Family Court Proceedings At Watson Morris we work with our clients in all areas of family law including areas such as anonymity in family court proceedings and ways to work around achieving this for our clients. Here’s how anonymity is managed in practice. Privacy Family court proceedings relating to marital finances are, in part, one exception to the principle of openness in the English and Welsh courts. Any hearings within such proceedings are private and there exists an implied confidentiality duty on all parties to such proceedings. No party should share confidential information disclosed in those proceedings, outside of those proceedings (Clibbery v Allan EWCA Civ 45). Where a case relates to a child or children, such as who is to care for a child or how often a parent is to spend time with a child, strict confidentiality applies, and such proceedings are anonymised from the public and dealt with entirely in private, hence the reason for anonymity in family court proceedings. This ensures absolute protection for the children involved. Evolution Whilst it may seem contrary to the private nature of... --- ### Do I have parental responsibility for my child? > Do I have parental responsibility of my child and what does it mean? What are the different circumstances and how are they solved. - Published: 2023-06-16 - Modified: 2024-10-21 - URL: https://watsonmorrisfamilylaw.co.uk/do-i-have-parental-responsibility/ - Categories: Child Arrangements and Parental Disputes, Featured, Insights There is often a question over who has parental responsibility of a child, especially where parents are unmarried or in same sex couple relationships. What is parental responsibility? Parental responsibility means all the rights, duties, powers, responsibilities and authority that a parent of a child has in relation to the child and their property by law. A person with parental responsibility can make decisions on behalf of the child for example in relation to the child's accommodation, education and medical treatment. Having (or not having) parental responsibility does not determine whether a person has an obligation to provide for the child financially from their own resources. For example, guardians have parental responsibility but do not have financial responsibility, while the child's father may not have parental responsibility but does have financial responsibility. When does parental responsibility end? Generally it lasts until the child reaches 18 but it may come to an end sooner if the child is adopted or, if it was acquired as a result of a court order or a parental responsibility agreement, the court may bring it to an end. Who has parental responsibility? The birth mother (person who carried the child) automatically acquires parental responsibility. This includes a transgender man who gives birth to a child as they will be registered as the child's mother on the birth certificate.   Mother and father If a child’s parents are married or in a civil partnership with each other when the child is born, both of them automatically have parental responsibility.... --- ### What Happens When Separated Parents Disagree on School Choice? > Not able to agree which school your children go to? Sometimes separated parents disagree when it comes to school choice for their children. - Published: 2023-05-25 - Modified: 2024-10-21 - URL: https://watsonmorrisfamilylaw.co.uk/separated-parents-disagree-on-school-choice/ - Categories: Child Arrangements and Parental Disputes, Child Maintenance and Financial Support for Children, Dispute Resolution, Divorce, Dissolution and Judicial Separation, Featured, Insights Not able to agree which school your children go to? Sometimes separated parents disagree when it comes to school choice for their children. If you have parental responsibility for a child, you are entitled to be involved in the decision making on school choice and other important decisions regarding their education. Do I have parental responsibility? A mother will always automatically have parental responsibility. If you are a father, you will only have automatic parental responsibility if you were married to the child’s mother at the time of the child’s birth or your name appears on the birth certificate.   If you don’t automatically have parental responsibility, you can obtain it by entering into a parental responsibility agreement or you can apply for a parental responsibility order through the court. Without parental responsibility of the child, you will not be entitled to be involved in the decision when it comes to school choice. What are the options for parents who disagree on school choice? When separated parents disagree on school choice, they could try the following: 1. Try and reach an agreement: Discuss your concerns and the options for different schools directly with each other to see if you can reach a mutually acceptable decision. If you can agree, then you can simply go ahead with the change. 2. Mediation: You can attend family mediation to discuss your child’s education and school options with the help of an experienced mediator. If you are uncomfortable meeting with one other in the same room... --- ### How can vulnerable individuals protect their finances when getting married or starting to cohabit? > How can vulnerable individuals protect their finances when getting married or starting to cohabit? Advice from Watson Morris - Published: 2023-05-16 - Modified: 2024-10-21 - URL: https://watsonmorrisfamilylaw.co.uk/how-can-vulnerable-individuals-protect-their-finances/ - Categories: Cohabitation Agreements, Divorce, Dissolution and Judicial Separation, Featured, Financial Settlements for Married Couples, Financial Settlements for Unmarried Couples, Insights, Nuptial Agreements There is no guarantee that a personal injury award will be ring-fenced on divorce or be free from a claim from a cohabitant. A nuptial or cohabitation agreement can however be used to safeguard your award and provide certainty on your finances during a relationship breakdown. Protect finances with a pre and post-nuptial agreement A pre-nuptial agreement (also commonly referred to as a ‘pre-nup’) will map out how your finances will be divided in the event of a separation. A post-nuptial agreement is the same as a pre-nuptial agreement, the only difference being it is entered into after marriage. Either of these can be used to help vulnerable individuals protect their finances. These can be used if there has been a change of circumstance after marriage, such as the payment of a personal injury award. They can also be used if there hasn’t been enough time before the marriage to complete a pre-nuptial agreement. A nuptial agreement cannot stop a financial claim being made to the court on marriage breakdown, however, if a claim is made the nuptial agreement will be a relevant circumstance. Provided the three-stage test in the case of Radmacher v Granatino have been complied with the agreement will be given decisive weight and parties should expect the court to hold them to the terms of the agreement. In Radmacher v Granatino the Supreme Court enforced a pre-nuptial agreement and confirmed that ‘the court should give effect to a nuptial agreement that is freely entered into by... --- ### Divorce and Mental Capacity > The legal position when it comes to divorce and mental capacity is that a party is assumed to have capacity unless it is established otherwise - Published: 2023-05-04 - Modified: 2024-10-21 - URL: https://watsonmorrisfamilylaw.co.uk/divorce-and-mental-capacity/ - Categories: Divorce, Dissolution and Judicial Separation, Featured, Financial Settlements for Married Couples, Insights Divorce and mental capacity is a strong talking point within the industry. The question sometimes arises in divorce cases as to whether one or both parties have the necessary mental capacity to take part in the proceeding. Issues surrounding mental capacity can often arise as a result of illness or injury. What is mental capacity? Under the Mental Capacity Act 2005, someone is capable of making their own decisions if they can: Understand the information they need to make their decision. Remember the information. Apply that information to making their decision using reasoning and analysis. Communicate what their decision is. If someone is considered to lack mental capacity, it means they lack the capacity to make a specific decision on a specific matter or take a specific action for themselves. Capacity is related to the specific facts of the case and the decisions which must be taken. For example, a person can be considered to have capacity to decide that they want to be divorced or to make a Will but still lack capacity to understand the minutiae of their financial affairs and require assistance. Legal position on divorce and mental capacity The legal position when it comes to divorce and mental capacity is that a party is assumed to have capacity unless it is established that they lack capacity. In the context of family proceedings, capacity may be relevant as to both capacity to litigate and to compromise proceedings. This includes to agree the terms of a consent order.... --- ### How are personal injury awards treated on divorce? > How are personal injury awards treated on divorce? Depending on the circumstances personal injury awards may be shared on divorce. - Published: 2023-04-20 - Modified: 2024-10-21 - URL: https://watsonmorrisfamilylaw.co.uk/how-are-personal-injury-awards-treated-on-divorce/ - Categories: Dispute Resolution, Divorce, Dissolution and Judicial Separation, Featured, Financial Settlements for Married Couples, Insights How are personal injury awards treated on divorce? It would be logical to assume that a personal injury award which has been calculated to meet an injured spouse’s needs would be ringfenced on a divorce. This is not however the case, personal injury awards may be shared if the parties’ needs or those of their children cannot be met without recourse to it. The Matrimonial Cause Act 1973 Section 25 of the Matrimonial Causes Act 1973 contains the statutory factors the court must apply to determine how the income and assets should be distributed on divorce. Section 25(1) requires the court to have regard to all the circumstances of the case and first consideration must be given to the welfare of any minor children of the family. Section 25(2) requires the court to apply a checklist of factors which include the income, earning capacity and financial resources of the parties, their financial needs, obligations and responsibilities, the standard of living enjoyed during the marriage, the age of the parties and duration of the marriage, any physical or mental disability and the contributions that each of the parties has made or is likely to make in the future to the welfare of the family. Whilst Section 25 prescribes the matters to which the court must have regard case law provides guidance on how the court achieves a fair result and how to apply the principles of need and sharing. The sharing principle will apply to all property unless there is good... --- ### How can I enforce a sale or transfer of property in a divorce order? > How can I enforce a sale or transfer of property in a divorce order? How to ask the court to enforce the order. - Published: 2023-04-14 - Modified: 2025-05-16 - URL: https://watsonmorrisfamilylaw.co.uk/how-can-i-enforce-a-sale-or-transfer-of-property-in-a-divorce-order/ - Categories: Cohabitation Agreements, Divorce, Dissolution and Judicial Separation, Featured, Financial Settlements for Married Couples, Insights How can I enforce a sale or transfer of property in a divorce order? If your divorce order provides for the sale or transfer of a property and the other party is failing to comply with the order you can ask the court to enforce the order. Whilst the court can make a financial order following the making of the conditional order of divorce it cannot be enforced until the final order of divorce has been made (section 23(5) of the Matrimonial Causes Act 1973). If you don’t yet have your final divorce order, you may be able to return the matter to the court for directions. Most divorce orders will include a clause confirming ‘the parties shall have liberty to apply to the court concerning the implementation and timing of the terms of this order’. Enforcing a divorce order An enforcement application is started by filing an application notice and statement setting out what orders you are asking the court to make. The application will normally need to be made to the same court in which the original order was made. Once the court has issued the application, the court will send a notice to each party to attend a hearing. At the hearing, the parties will be questioned on their evidence and the court will decide whether to enforce the order. You can ask the court to make one or more of the following orders: Supplemental orders regarding the mechanics of sale You can ask the court to... --- ### Unmarried couples and property rights > Do you have questions about unmarried couples and property rights? Take a look at our latest insight to determine your rights. - Published: 2023-04-04 - Modified: 2024-10-21 - URL: https://watsonmorrisfamilylaw.co.uk/unmarried-couples-and-property-rights/ - Categories: Cohabitation Agreements, Featured, Financial Settlements for Unmarried Couples, Insights Unmarried couples and property rights. There are two aspects to the ownership of property; the legal title to property and the beneficial interests in it (the right to receive the profits or income from a property or the right to live in it). Both may be vested in the same people, but this is not always the case. Property rights of engaged couples is an aspect that we are asked about regularly - we have covered this further down this post. Unmarried couples and property rights; joint tenants or tenants in common Beneficial ownership in a property can be held as joint tenants or tenants in common. Joint tenants have equal rights to the whole property. If one joint tenant dies the whole of the property automatically passes by the rules of survivorship to the co-owning joint tenant.   As tenants in common, each party holds their own separate and distinct share in the property and on death their share will not automatically pass to the surviving co-owner. Instead it passes in accordance with their Will, or if no Will under the Rules of Intestacy. From 1 April 1998 the Land Registry form used to complete the transfer of a property (Form TR1) gives purchasers the option of one of the following declarations: To hold the property on trust for themselves as joint tenants;To hold the property on trust for themselves as tenants in common in equal shares; orTo hold the property on trust for themselves as tenants in common... --- ### Can I take copies of my spouse’s confidential documents following our separation? > You should never take copies of confidential documents that belong to your spouse following separation. But what counts as 'Confidential'? - Published: 2023-03-23 - Modified: 2024-10-21 - URL: https://watsonmorrisfamilylaw.co.uk/copies-of-confidential-documents/ - Categories: Dispute Resolution, Divorce, Dissolution and Judicial Separation, Featured, Financial Settlements for Married Couples, Insights You should not take copies of your spouse’s confidential documents following separation. What is ‘confidential’, however, is sometimes not clear. Historic self-help remedy – why parties may want to take copies of confidential documents. In the past, when one party feared that the other will not cooperate with disclosure or suspects that they will attempt to hide or move assets, parties had a ‘self-help’ remedy.   The family court would not penalise the often financially weaker party for searching their spouse’s personal and private documents to uncover the true position. This was on the basis the documents they wanted to rely on were copied and immediately returned to their spouse or their solicitor. The information contained in the documents, even those wrongfully taken, could be admitted in evidence because of the overarching duty on the parties to give full and frank disclosure. All that changed when the Court of Appeal handed down its landmark judgment in Imerman v Tchenguiz EWHC Civ 908 (Imerman case). What is the position today on taking copies of confidential documents following separation? It is a breach of confidence to examine without the owner's consent, make, retain or supply copies to a third party of confidential material belonging to another person. Anybody doing so risks both criminal and civil sanctions and the court may restrict the use of such information as evidence. Parties also have a right to a personal and individual private life under the Human Rights Act 1998 Therefore, you should not take copies... --- ### Top tips for a good divorce > If you're going through a divorce and want to make the process as amicable as possible then take a look at our top tips for a good divorce. - Published: 2023-03-16 - Modified: 2024-10-21 - URL: https://watsonmorrisfamilylaw.co.uk/top-tips-for-a-good-divorce/ - Categories: Dispute Resolution, Divorce, Dissolution and Judicial Separation, Featured, Financial Settlements for Married Couples, Insights A good divorce means different things to different people. Good may mean staying friends and being able to go to the pub with your ex or being able to share Christmas together. For others a good divorce may mean exiting a controlling or abusive marriage and having the confidence to start a new relationship. Having been family solicitors for over 20 years we have experienced hundreds of divorces. Here are our top tips on how to achieve a good divorce. 1. Consider how both of you are feeling When you suffer a bereavement, it’s generally accepted that there are five stages of grief: ShockDenialAngerBargainingDepressionAcceptance When a relationship breaks down it can be as emotionally challenging and you may find that you are each at different stages at different times. Understanding how you are feeling and how your ex may be feeling will help you understand the emotion that may be behind your interaction with each other or decision making. Often these emotions have a significant impact on dealing with the practical and financial issues which have to be addressed. Understanding this and where both of you are on the cycle will have benefits for both of you and will contribute to the good divorce you are hoping to achieve. 2. Don’t demonise each other Relationships end for many different reasons. Sometimes a marriage simply runs out of steam and both sides agree they are better off apart. For others, it may be because of an infidelity, substance abuse, financial issues,... --- ### What is financial disclosure in divorce? > Financial disclosure in divorce is the process of giving your spouse, and the court, full details of your personal financial circumstances. - Published: 2023-03-09 - Modified: 2025-05-16 - URL: https://watsonmorrisfamilylaw.co.uk/what-is-financial-disclosure-in-divorce/ - Categories: Dispute Resolution, Divorce, Dissolution and Judicial Separation, Featured, Financial Settlements for Married Couples, Insights Financial disclosure in divorce; Parties going through a divorce are under a duty to provide full, frank and clear financial disclosure.   What is financial disclosure in divorce? Financial disclosure in divorce is the process of giving your spouse, and the court, full details of your personal financial circumstances and your future needs and resources. Why is financial disclosure necessary in divorce? Financial disclosure is usually the first thing a family lawyer will ask their client to provide, as they will be unable to advise properly about the likely outcome of their client’s case without having a full picture of where both parties are placed financially. The court will also need full disclosure to consider how to distribute the parties’ assets and income. How can I provide financial disclosure? Financial disclosure can be undertaken on a voluntary basis or by directed by the court following the issue of a financial remedy application. If a financial remedy application has been issued the court will direct you to complete a financial statement Form E. You must attach to Form E documents such as wage slips, bank statements, valuations for property, mortgage statements, business accounts and pension valuations.   Outside of court (where parties are having discussions between themselves, negotiating through solicitors, or using mediation), parties can agree to use Form E, or they can complete a shortened disclosure process using schedules of the Statement of Information Form D81. Form D81 doesn’t require any documents to be attached and simply sets out in... --- ### Child maintenance and the cost of living > Child maintenance and the cost of living; Can I vary child maintenance or school fees because of the cost of living crisis? - Published: 2023-01-31 - Modified: 2024-10-21 - URL: https://watsonmorrisfamilylaw.co.uk/child-maintenance-and-the-cost-of-living/ - Categories: Child Arrangements and Parental Disputes, Child Maintenance and Financial Support for Children, Featured, Financial Settlements for Married Couples, Financial Settlements for Unmarried Couples, Insights Child maintenance and the cost of living; Can I vary child maintenance or school fees because of the cost of living crisis? If the cost of living crisis means you cannot afford the child maintenance or school fees ordered in your divorce settlement or if you are the recipient and the amount ordered is no longer sufficient to cover your expenditure, you may be able to vary your existing order. Because of the rising cost of living, your income might be affected by high energy prices, a business closure, redundancy, or bankruptcy meaning that an order made at time of your divorce for child maintenance or school fees is no longer affordable.   If on the other hand you are the recipient of child maintenance (the payee) the level of maintenance and any annual variations have probably not kept pace with the increase in your energy bills and other costs of living. So, what can you do if you find yourself in this predicament? Check the terms of your child maintenance order Your Child Maintenance order may include clauses confirming when you can and cannot apply for a variation.   Your order may also include an automatic increase in the level of child maintenance on the anniversary of the order each year. The annual variation will usually be linked to changes in the Retail Price or the Consumer Price Index. An order can also provide for the child maintenance to increase by the same amount/percentage as the payor’s gross or... --- ### One in five marriages now start with a prenup > A prenup enables a couple to map out how they will deal with financial and practical issues in the event that their marriage ends in divorce. - Published: 2023-01-31 - Modified: 2025-05-16 - URL: https://watsonmorrisfamilylaw.co.uk/one-in-five-marriages-now-start-with-a-prenup/ - Categories: News A survey carried out by the Marriage Foundation in 2021 found that 20% of those married since the year 2000 have a prenup - compared to just 1. 5% who were married in the 1970s, 5% in the 1980s and 8% in the 1990s. What is a prenup? A prenuptial agreement (prenup) enables a couple to map out how they will deal with financial and practical issues in the event that their marriage ends in divorce.   How common are prenups? Prenups are becoming more common; 20 years ago, we may have advised on one or two prenuptial agreements a year, if that. We are now advising on one or two a month. Here are some of our thoughts and observations on the reasons for the upward trend in people signing prenups: Certainty about the enforceability of a prenuptial. In Radmacher v Granatino the Supreme Court enforced a pre-nuptial agreement and confirmed that ‘the court should give effect to a nuptial agreement that is freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to their agreement’. Provided the tests in Radmacher have been complied with a couple can now expect to be held to the terms of their agreement on the breakdown of their marriage. People are marrying later in life and accumulating wealth they want to protect. A prenup can ensure that the interests of a couple and their wider family... --- ### Our top tips to organising Christmas for separated parents > Organising Christmas for separated parents can be difficult for the children and the adults involved. Here are our top tips. - Published: 2022-11-30 - Modified: 2024-10-21 - URL: https://watsonmorrisfamilylaw.co.uk/our-top-tips-to-organising-christmas-for-separated-parents/ - Categories: Child Arrangements and Parental Disputes, Insights Organising Christmas for separated parents can be difficult for the children and the adults involved. Christmas is an exciting and magical time for children. However, for adults post relationship breakdown it can seem more ‘bleak midwinter than ‘winter wonderland’ - especially when arrangements need to be made for how the children are to share their time between two homes. Our top tips to organising Christmas for separated parents Here are our top tips on how to tackle organising Christmas for separated parents: Work together – this might seem impossible but appreciate that the children are likely to want to see both of you. Children need reassurance that they still have two parents and demonstrating unity in parenting can be enormously helpful to their wellbeing. Is it feasible for you to enjoy any of the festivities together, such as school plays, visits to Santa or even Christmas dinner? If not, can you alternate attendance at these? Can you buy joint presents or agree a budget so that children do not perceive one parent as being more generous and/or better off?   Think creatively – if Christmas dinner together is not feasible, is carving up Christmas Day an option? Could one of you have the children from Christmas Eve lunch through to Christmas Day lunch, and the other from Christmas Day lunch through to Boxing Day lunch? Could you even have two Christmas Days? Do not be afraid to think creatively about what might work best for your family and be willing... --- ### Our top tips to reduce stress and animosity on relationship breakdown  > Take a look at our top tips to reduce stress and animosity on relationship breakdown. Contact Watson Morris for legal support and advice. - Published: 2022-10-29 - Modified: 2024-10-21 - URL: https://watsonmorrisfamilylaw.co.uk/our-top-tips-to-reducing-stress-and-animosity-on-relationship-breakdown/ - Categories: Child Arrangements and Parental Disputes, Divorce, Dissolution and Judicial Separation, Featured, Financial Settlements for Married Couples, Financial Settlements for Unmarried Couples, Insights Separation and divorce are known to be two of life’s most stressful events.  Here are our top tips to reduce stress and animosity on relationship breakdown: Reflect on how you are feeling When someone close to you dies, it’s generally accepted that there are five stages of grief: shock, denial, anger, bargaining, depression and acceptance. Some psychiatrists say that the emotional stages of a relationship breakdown are the same. Understanding how you are feeling will encourage you to consider the impact on your ex or children and the emotion involved in decision making. Taking you're own feelings into consideration can help to reduce stress and animosity on relationship breakdown. Put your children first Children undoubtedly cope better with a separation when their parents are not in conflict and can see a joined-up approach to their parenting.  This continues into adulthood and their life events such as graduations, family events - perhaps even their own weddings. For a free resource containing information, advice, and support to help parents journey through separation, divorce and beyond we recommend Resolution’s ‘Parenting Through Separation Guide’.  You can download a copy of the guide here Parenting Through Separation Guide. Prioritise your mental health and wellbeing Making your wellbeing a priority can help you cope with the pressures a separation can bring and help you to move on with your life more easily. Being under pressure is a normal part of life, but during a separation that pressure may escalate to become stress because your normal life has... --- ### Child Support: What are my options and how do we work out the amount? > What are my options when it comes to paying child support? And how do we work out the amount? Watson Morris, Family Law - Published: 2022-10-25 - Modified: 2024-11-27 - URL: https://watsonmorrisfamilylaw.co.uk/child-support-what-are-my-options-and-how-do-we-work-out-the-amount/ - Categories: Child Arrangements and Parental Disputes, Child Maintenance and Financial Support for Children, Featured, Financial Settlements for Married Couples, Financial Settlements for Unmarried Couples, Insights Child maintenance (also commonly called child support) is financial support payable towards a child’s everyday living expenses. It can also cover one-off expenses and housing costs. How do we work our child maintenance? You can agree the level of maintenance between you, ask the Child Maintenance Service (CMS) to calculate the amount or in certain circumstances the court can make an order. In this article we explain what your child maintenance obligations are and how to go about agreeing the level of maintenance.   Private Arrangement for child support  If you can agree the level and frequency of child maintenance, you can record your agreement in a written document called a child maintenance arrangement. This will not be legally binding and therefore if circumstances change it will be easy for you to review your agreement.   Arrangements you may want to include within your agreement can include: Who will pay for the child’s clothes, shoes and school uniform;Who will pay for any sports equipment and kit;Who will pay for school trips; Who will give the child pocket money;Who will pay for one-off items such as computers, bicycles or musical instruments;How often will the maintenance be paid; and When, or in what circumstances, will the arrangement be reviewed.   If you need help in deciding the amount of maintenance you can consider using the CMS assessment calculation (see below for a detailed overview). A child maintenance calculator using the CMS assessment calculation is available on the government website Calculate your child maintenance -... --- ### Can you divorce when one party suffers from mental incapacity? > Can you divorce when one party suffers from mental incapacity? Find out the legal position on divorce in various circumstances. - Published: 2022-10-23 - Modified: 2024-10-21 - URL: https://watsonmorrisfamilylaw.co.uk/can-you-divorce-when-one-party-suffers-from-mental-incapacity/ - Categories: Divorce, Dissolution and Judicial Separation, Financial Settlements for Married Couples, Insights The question sometimes arises in a divorce as to whether one or both parties have mental capacity to litigate. If a party lacks mental capacity, it is possible to divorce but they will need someone (a ‘litigation friend’) to make decisions for them during the divorce process. There may be reasons why parties may choose not to divorce in these circumstances which are explored below. Who can be a litigation friend? Someone may already be appointed as a power of attorney or there may be a court-appointed deputy who could become the litigation friend but it can be a family member or friend if they are the best person.   The litigation friend must: Consent to act;Be able to fairly and competently conduct proceedings on behalf of the protected party;Have no interest adverse to the party lacking capacity; and Agree to pay any costs which the protected party might be ordered to pay, subject to the right to recover from the protected party. Is expert evidence required? If there is a question mark over whether a party has capacity, we as lawyers will need to clarify the issue of capacity urgently, which usually results in an expert medical report being obtained before the divorce can proceed. Whilst capacity can fluctuate, usually where someone is suffering from an illness, such as Alzheimer’s for example, it is probably unlikely that they will regain capacity. We always need to be alive to the possibility of fluctuation when acting for such clients. We will also... --- ### Can we include childcare arrangements in a pre-nuptial agreement? > Best practices and rules on childcare arrangements in a pre-nuptial agreement. what you can include and what you can't. - Published: 2022-10-22 - Modified: 2024-10-21 - URL: https://watsonmorrisfamilylaw.co.uk/can-we-include-childcare-arrangements-in-a-pre-nuptial-agreement/ - Categories: Insights, Nuptial Agreements Can we include childcare arrangements in a pre-nuptial agreement? Whilst it is possible to include agreements regarding the financial provision to be made for your children, a nuptial agreement should not be used to record arrangements regarding their day-to-day care or living arrangements.   Financial provision for children in a pre-nuptial agreement. Financial provision for children in a pre-nuptial agreement can include a monthly amount of maintenance or payment towards school fees or other items of financial provision, to include housing. It would however be unwise to include provision for any future children due to the risk of getting their needs wrong and the court departing from the terms of your agreement. In Radmacher v Granatino the Supreme Court said it would not be fair for a pre-nuptial agreement to prejudice the reasonable requirements of any children of the family. It is possible to leave the financial provision for a child to be decided following the birth of a child, or it can even be left as an issue to be decided on the divorce itself (usually subject to principles in the pre-nuptial agreement setting out the parties’ expectation of need and the type of financial provision that may need to be provided). Couples can include a review clause in their agreement to cater for any change in circumstances following the birth of a child.   Whilst it is possible to include financial provision for children, it is not possible to ‘oust’ the jurisdiction of the court or of the... --- ### Can we change from a sole divorce application to a joint divorce application? > Can we change from a sole divorce application to a joint divorce application? This decision has to be made at the start of the proceedings. - Published: 2022-10-21 - Modified: 2024-10-21 - URL: https://watsonmorrisfamilylaw.co.uk/can-we-change-from-a-sole-application-to-a-joint-application-for-a-divorce/ - Categories: Divorce, Dissolution and Judicial Separation, Insights It is not uncommon for a couple to reach the ‘acceptance’ stage of the irretrievable breakdown of their marriage at different times and for one party to want to start a divorce whilst the other needs time to catch-up. Because of this, there is often a question as to whether participants can change from a sole divorce application to a joint divorce application. The new divorce regime provides a 20-week period between the issue of an application and being able to apply for the first order of divorce (called the conditional order) to allow time for reflection. Unfortunately, if during this period the respondent also reaches the ‘acceptance’ stage it is not possible to change from a sole to joint application.   The decision on whether to make a sole or joint application has to be made at the start of the proceedings. A couple however who start on a joint application basis can convert to a sole application during the proceedings. It is disappointing that this anomaly exists, preventing a couple who find themselves aligned in the acceptance of the irretrievable breakdown of their marriage from benefiting from the emotional and practical advantages of making a joint application. Hopefully a change to the legislation to rectify this anomaly won’t be long in coming. Advice from Watson Morris At Watson Morris we specialise in family law work closely with our clients to try and achieve the best outcome. Although there are restrictions meaning there is no way to change from... --- ### Can the court order former cohabitants to buy out the other’s share? > On cohabitation breakdown it can be quite common for one of the former cohabitants to buy out the other’s share in the family home. - Published: 2022-10-20 - Modified: 2024-10-21 - URL: https://watsonmorrisfamilylaw.co.uk/can-the-court-order-former-cohabitants-to-buy-out-the-others-share/ - Categories: Cohabitation Agreements, Financial Settlements for Unmarried Couples, Insights On cohabitation breakdown it can be quite common for one of the former cohabitants to buy out the other’s share in the family home. If the other party will not agree to a transfer it can be ordered by the court. What does the law say about cohabitants buying out each other's share? Under section 14 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) the court can declare the nature or extent of a person’s interest in trust property as well as make an order for sale or an order preventing the sale of the property.   Section 15 of TOLATA 1996 sets out the factors to which the court can have regard when determining applications under section 14 and will include the intentions of the person or persons who created the trust, the purposes for which the property subject to the trust is held, the welfare of any minor who occupies or might reasonably be expected to occupy any land subject to the trust as his home and the interests of any secured creditor of any beneficiary. It has been held that these factors are not exhaustive and are not in any particular order.  Each case will turn on its own facts. In Bagum v Hafiz and Another EWCA Civ 801 the Court of Appeal held that is was permissible for a court to order the arrangement of a sale in such a way that one party is entitled to have an opportunity to... --- ### What is the difference between a cohabitation agreement and a declaration of trust? > One of the questions we are asked regularly is what is the difference between a cohabitation agreement and declaration of trust? - Published: 2022-10-19 - Modified: 2024-10-21 - URL: https://watsonmorrisfamilylaw.co.uk/what-is-the-difference-between-a-cohabitation-agreement-and-declaration-of-trust/ - Categories: Cohabitation Agreements, Financial Settlements for Unmarried Couples, Insights Working in family law, we are aware there is a lot of jargon involved which people find hard to understand. One of the questions we are asked regularly is what is the difference between a cohabitation agreement and a declaration of trust Declaration of trust A declaration of trust (also known as a deed of trust) is a legal document setting out who owns a property and the shares in which they are entitled to receive the profit (sale proceeds) or income from the property. It explains who the legal owners are (the people named in the title documents at the land registry) and who the beneficial owners are (the people entitled to the profit or income from the property). In most cases, the legal and beneficial owners are the same people, but this is not always the case. Beneficial ownership can be held as joint tenants or tenants in common in equal or unequal shares.   Cohabitation agreement In contrast a cohabitation agreement will not only include a declaration of trust, but it can include a much wider range of financial arrangements between a cohabiting couple, providing for how their finances will be organised both during their cohabitation or in the event of separation.   Examples of financial arrangements you can include in a cohabitation agreement include:  What property will remain your separate property and what property is or will become joint property? How will gifts made between you be treated or gifts you receive from others? How will... --- ### Divorcing later in life: What are the challenges?  > What are the challenges for divorcing later in life? For help and advice when navigating a divorce at any age contact Watson Morris. - Published: 2022-10-17 - Modified: 2024-10-21 - URL: https://watsonmorrisfamilylaw.co.uk/what-are-the-challenges-of-divorcing-or-separating-later-in-life/ - Categories: Divorce, Dissolution and Judicial Separation, Financial Settlements for Married Couples, Insights Whilst divorce rates for younger couples seems to be on a decline, the rate of divorcing later in life is on the rise with the divorce rates for those 65 years and older having tripled since 1990.   There are various reasons for later life divorces such as growing apart, children having left home, retirement, or age-related illnesses, but a common factor is because they do not want to start the last chapter of their life unhappy. Divorce seems to have become more socially accepted and changes in lifestyles and opportunities mean couples feel less obliged to stay together in an unhappy marriage.   What are the challenges of divorcing later in life? Whilst there are unlikely to be child-care or child support issues, there are many unique challenges of divorcing later in life. Roles and responsibilities - Unlike many younger couples, the older generations tend to adopt more traditional roles in the home and in the marriage, often meaning the husband is the breadwinner and the wife has sacrificed her career to care for the family and home. This typically means the husband tends to have earned more, is more likely to have a pension and may feel that he has contributed more financially, whilst the wife in contrast may have very little in savings, investments or a pension and could feel financially vulnerable if they divorce. Limited knowledge - Divorcing later in life can mean the wife sometimes has limited knowledge of the household finances and her income... --- ### Understanding how family loans are treated in divorce proceedings > During divorce, it's important to understand how family loans are treated in divorce proceedings. Contact Watson Morris for help. - Published: 2022-10-15 - Modified: 2024-10-21 - URL: https://watsonmorrisfamilylaw.co.uk/understanding-how-family-loans-are-treated-in-divorce-proceedings/ - Categories: Divorce, Dissolution and Judicial Separation, Financial Settlements for Married Couples, Insights During divorce, it's important to understand how family loans are treated in divorce proceedings. It is not uncommon in a divorce to find that family members or friends have advanced monies during a marriage (whether to the couple jointly or to one of them) and in some cases post-separation to help with the payment of legal fees.   It is also not uncommon to find that when it comes to deciding what needs to be taken into account in the financial division the couple will have differing views on whether the family assistance was a gift or a loan.   How does the court deal with family loans in divorce proceedings How then does the court approach such a dispute? Section 25 of the Matrimonial Causes Act 1973 contains the statutory factors the court must apply to determine how the income and assets of the parties are distributed on a divorce.  Section 25(2)(a) and (b) require the court to consider the ‘income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future’ as well as the ‘financial needs, obligations and responsibilities which each party to the marriage has or is likely to have in the foreseeable future’.  The court will therefore need to consider the parties liabilities when deciding what orders to make.   In all cases the court will have a schedule prepared by the parties’ lawyers summarising the parties’ incomes, assets, and any... --- ### 10 top tips for nuptial agreements > As a family lawyer, we work with nuptial agreements regularly. We're sharing our 10 top tips for nuptial agreements. - Published: 2022-10-14 - Modified: 2024-10-21 - URL: https://watsonmorrisfamilylaw.co.uk/top-tips-when-entering-into-a-nuptial-agreement/ - Categories: Insights, Nuptial Agreements Top tips when entering into a nuptial agreement At Watson Morris, we specialise in family law, which means nuptial agreements are one of our specialities. A pre-nuptial agreement (also commonly referred to as a ‘pre-nup’) will map out how your finances will be divided in the event of a separation. In Radmacher v Granatino the Supreme Court confirmed that ‘the court should give effect to a nuptial agreement that is freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to their agreement’. We're sharing our 10 top tips for nuptial agreements; how to comply with this three-stage test as well as the practical steps you can take alongside the preparation of a nuptial agreement to lay the foundations for a strong and secure marriage.   Tip 1: Nuptial agreements are not just for the rich and famous If there is no nuptial agreement in place, a principle of equal sharing will apply as the starting point to all assets, regardless of their source.   If you have already been through a divorce you will know how stressful it can be.  This stress can be compounded by uncertainty and legal fees. A nuptial agreement will enable you to map out how your finances will be dealt with on a divorce and avoid the stress, uncertainty, and legal costs of having to litigate. The motivation behind a nuptial agreement may also be the desire... --- ### Top tips to protect inheritance on divorce > You may be in a position where you are thinking about how to protect inheritance on divorce. Contact Watson Morris family lawyers today. - Published: 2022-10-13 - Modified: 2024-10-21 - URL: https://watsonmorrisfamilylaw.co.uk/top-tips-to-protect-inheritance-on-divorce/ - Categories: Divorce, Dissolution and Judicial Separation, Featured, Financial Settlements for Married Couples, Insights You may be in a position where you are thinking about how to protect inheritance on divorce. The starting point on divorce is for the assets acquired during the marriage to be categorised as ‘matrimonial assets’ and to be divided equally between the parties. This is called the sharing principle. However, in certain circumstances an inheritance will be a relevant contribution and provide a good reason to depart from the sharing principle. Matrimonial and non-matrimonial assets  The court will distinguish between matrimonial (assets acquired during the marriage through the joint efforts of the parties) and non-matrimonial assets (those acquired prior to marriage, post separation or received through an inheritance). In White v White UKHK 54 it was recognised that a party should be allowed to keep his non-matrimonial property, brought into the marriage or inherited or gifted to him during the marriage if the other party’s financial needs could be met without recourse to the non-matrimonial assets.   The weight the court attributes to the existence of non-matrimonial property can depend on the way the parties have organised their financial affairs during the marriage and the time that has elapsed since the property was acquired. The longer the marriage the more likely non-matrimonial property will become merged and entangled with matrimonial property. For example, if an inheritance has been used to renovate the matrimonial home, an argument that this investment should be returned because the source was an inheritance may not get far, especially if the property is owned in... --- ### Top tips to help calculate child maintenance  > Here are our top tips to help calculate child maintenance and on what parents need to think about when reaching their own agreement. - Published: 2022-10-12 - Modified: 2024-10-21 - URL: https://watsonmorrisfamilylaw.co.uk/top-tips-to-help-you-calculate-child-maintenance/ - Categories: Child Arrangements and Parental Disputes, Child Maintenance and Financial Support for Children, Financial Settlements for Married Couples, Financial Settlements for Unmarried Couples, Insights We understand the struggles when it comes to calculating child maintenance. In this article we give our top tips to help calculate child maintenance and on what parents need to think about when reaching their own agreement. Our article Child Maintenance on Separation provides separated parents with an overview of their child maintenance options and how to work out the level of maintenance payable. You can view the article here. Top tips to help calculate child maintenance. Here are our top tips to help calculate child maintenance - contact us if you require any further information. Tip 1: Use accurate and up to date income figures  The Child Maintenance Service (CMS) method of calculating child maintenance is called the gross income scheme.  Maintenance calculations are based on gross income figures without any deductions for tax or national insurance. Income will include employment income, pension income (but not UK social security pension), social security income and trading income (after any carry forward trade loss relief). Gross income is then adjusted to take account of any pension contributions made during the year. The CMS determine gross income using figures provided by HMRC in a self-assessment tax return or under pay as you earn (PAYE) regulations.  You will need the P60 or tax return to check last year’s income.  Also ask for recent wage slips or drawing statements to check if there have been any changes and ask for an explanation if there are any discrepancies. Tip 2: Check for any additional income A variation can be... --- ### Considerations before applying for a divorce or dissolution  > Based on our experience, we have put together a list of considerations before applying for a divorce or dissolution. Contact us for more. - Published: 2022-10-11 - Modified: 2024-10-21 - URL: https://watsonmorrisfamilylaw.co.uk/top-tips-on-what-you-need-to-think-about-before-applying-for-a-divorce-or-dissolution/ - Categories: Divorce, Dissolution and Judicial Separation, Insights Considerations before applying for a divorce or dissolution. Based on our experience when it comes to divorce or dissolution, we have put together a list of considerations that you should take into account if you are thinking of applying. What is the difference between divorce and dissolution? Divorce legally ends a marriage and dissolution legally ends a civil partnership. Issuing an application To issue an application you must have been married for at least one year, meet at least one of the jurisdictional criteria based on habitual residence or domicile and your marriage must have irretrievably broken down. ‘No-fault divorce’ means couples no longer need to support the irretrievable breakdown of their marriage with a supporting fact and ‘blame’ the other. Whilst this reform to divorce law has simplified the application procedure and apportioning blame is one less issue to consider, there are still a number of legal and practical decisions you will need to make. Considerations before applying for a divorce or dissolution there are so many considerations before applying for a divorce, we have shared our top 3 big considerations and also given any sub-considerations within these. If you are planning on applying we highly recommend you read the following before jumping straight in - please also feel free to contact us if you require support or representation. 1. Should I make a sole or joint application? On a joint application you will both be responsible for the application and called applicant 1 and applicant 2. In a... --- ### The basics: cost rules in divorce and family proceedings > The basics on cost rules in divorce and family proceedings from family lawyers Watson Morris - contact us for more information. - Published: 2022-10-09 - Modified: 2024-10-21 - URL: https://watsonmorrisfamilylaw.co.uk/the-basics-cost-rules-in-family-proceedings/ - Categories: Child Arrangements and Parental Disputes, Child Maintenance and Financial Support for Children, Domestic Abuse, Financial Settlements for Married Couples, Financial Settlements for Unmarried Couples, Insights Part 28 of the Family Procedure Rules 2010 (FPR) govern cost rules in divorce and family proceedings.   Section 28. 1 provides that the court may at any time make such order as to costs as it thinks just. In financial remedy proceedings there is a ‘no order as to costs rule’ (FPR 28. 3(5)), which means the court will not make a cost order unless appropriate to do so taking account of the conduct of one of the parties (whether before or during the proceedings).   The Civil Procedure Rules (CPR) will apply if an unmarried couple apply for declaratory relief under the Trusts of Land and Appointment of Trustees Act 1996. The usual order in civil cases is that costs orders follow the event, with the unsuccessful party paying the costs of the successful party (CPR 44. 2(2)).   Cost rules in divorce, dissolution and judicial separation applications Joint applicants to a divorce, dissolution or judicial separation can agree between them responsibility for the court fee and any legal costs. Joint applicants cannot however apply to the court for costs against the other joint applicant unless they become a sole applicant.  This may occur if a joint applicant fails to co-operate in progressing the application.  Cost applications are however generally discouraged. The applicant will need to show conduct by the respondent that justifies the making of a cost order.   Cost rules in financial remedy proceedings The ‘no order as to costs’ rule will apply in financial remedy... --- ### The basics: grandparents rights when parents divorce  > At Watson Morris, we work in all areas of family law and can provide more information on grandparents rights when parents divorce. - Published: 2022-10-08 - Modified: 2024-10-21 - URL: https://watsonmorrisfamilylaw.co.uk/the-basics-grandparents-rights/ - Categories: Child Arrangements and Parental Disputes, Divorce, Dissolution and Judicial Separation, Financial Settlements for Married Couples, Financial Settlements for Unmarried Couples, Insights What are grandparents rights when parents divorce? The breakdown of a relationship between a child’s parents can sometimes have a devastating impact on the wider family.  Grandparents may find the time they previously enjoyed spending with their grandchildren becomes restricted, causing a devasting impact on both the child and grandparent. Whilst grandparents do not have automatic rights they can make an application under the Children Act 1989 to ask the court to make an order.  In this article we explain the law and procedure involved. Grandparents rights when parents divorce: What orders can the court make?   Section 8 of the Children Act 1989 (CA 1989) allows grandparents to obtain a ‘child arrangements order’ (CAO) regulating when and with whom the child shall live with, spend time with or otherwise have contact.   Before applying for a section 8 order the court will expect parties to attempt to resolve their dispute using mediation or other alternative dispute resolution options. Unless an exception applies, an applicant will need to attend a Mediation Information and Assessment Meeting (MIAM) before applying to the court.   What is the application process for grandparents rights when parents divorce? In most cases, grandparents will need to seek permission from the court before applying for a section 8 order. Permission is not however needed if:  they are the child’s guardian, special guardian, or if they have parental responsibility;they are already named on a CAO as the person with whom the child will live;they are the person with whom... --- ### Severing a joint tenancy and what does this mean for cohabiting couples? > If you are a cohabitating couple thinking about severing a joint tenancy then contact the team at Watson Morris for help and advice. - Published: 2022-09-30 - Modified: 2024-10-21 - URL: https://watsonmorrisfamilylaw.co.uk/severing-a-joint-tenancy-and-what-does-this-mean-for-cohabiting-couples/ - Categories: Cohabitation Agreements, Financial Settlements for Unmarried Couples, Insights Severing a joint tenancy and what it can mean for couples. There are two aspects to the ownership of property; the legal title to property and the beneficial interests in it (the right to receive the profits/equity or income from a property or the right to live in it). Both may be vested in the same people, but this is not always the case. Beneficial ownership can be held as joint tenants or tenants in common. Joint tenants have equal rights to the whole property. If one joint tenant dies the whole of the property automatically passes by the rules of survivorship to the co-owning joint tenant. As tenants in common, each party holds their own separate and distinct share and on death their share will not automatically pass to the surviving co-owner and instead passes in accordance with their Will, or if no Will under the Rules of Intestacy.   From 1 April 1998 the Land Registry form used to complete the transfer of a property (Form TR1) gives purchasers the option of one of the following declarations: To hold the property on trust for themselves as joint tenants;To hold the property on trust for themselves as tenants in common in equal shares; orTo hold the property on trust for themselves as tenants in common in some other share. If joint purchasers do not want to hold the property in equal shares, they can insert the percentages in the TR1 Form or alternatively enter into a separate declaration of... --- ### What is the family mediation voucher scheme and will I qualify?  > The Ministry of Justice set up the Family Mediation Voucher Scheme to encourage more people to use mediation to resolve their disputes. - Published: 2022-09-29 - Modified: 2024-10-21 - URL: https://watsonmorrisfamilylaw.co.uk/what-is-the-family-mediation-voucher-scheme-and-will-i-qualify/ - Categories: Child Arrangements and Parental Disputes, Child Maintenance and Financial Support for Children, Dispute Resolution, Divorce, Dissolution and Judicial Separation, Financial Settlements for Married Couples, Financial Settlements for Unmarried Couples, Insights The Ministry of Justice set up the Family Mediation Voucher Scheme during Covid-19 to encourage more people to consider using mediation as a means of resolving their disputes and with the aim of diverting cases where appropriate away from the courts. Reports show that 65% of cases under the scheme have reached whole or partial agreement away from the court, and a further 3% only attending courts for the formalisation of their agreement.   What is family mediation? Family mediation is a process whereby a trained mediator helps you discuss and agree arrangements with your ex-partner in relation to issues surrounding your separation, whether in relation to your children or finances or both. The mediator will help you work through your disagreements and find a solution that works for you both. As a result of this success the Ministry of Justice have made an extra £5. 4M available to fund further vouchers.   Will I qualify for the family mediation voucher scheme?   Not all cases are eligible under the family mediation voucher scheme. Your case will need to involve a dispute regarding a child or regarding family financial matters but only where you are also involved in a dispute relating to a child. If you qualify a voucher up to £500 per case can be claimed towards mediation costs.   To apply you first need to attend a Mediation Information Assessment Meeting (MIAM) with a mediator authorised by the Family Mediation Council. You will need to pay for the... --- ### How to get help with legal fees > How to get help with legal fees - our top tips to pay your legal fees if you don’t have the income or assets to cover your lawyer’s costs - Published: 2022-09-27 - Modified: 2024-10-21 - URL: https://watsonmorrisfamilylaw.co.uk/how-to-pay-your-legal-fees-if-you-dont-have-the-income-or-assets-to-cover-your-lawyers-costs/ - Categories: Child Arrangements and Parental Disputes, Child Maintenance and Financial Support for Children, Cohabitation Agreements, Dispute Resolution, Domestic Abuse, Financial Settlements for Married Couples, Financial Settlements for Unmarried Couples, Insights, International, Second Opinion How to get help with legal fees - our top tips to pay your legal fees if you don’t have the income or assets to cover your lawyer’s costs  Accessing funds for legal fees may be difficult if assets are tied up, or income streams are for whatever reason inaccessible.  This can lead to people going it alone and losing out on much needed expert advice; a decision that can have long lasting and serious implications.  In this article we explain the various funding options that may be available to you.   6 Ways you can get help with legal fees in the UK Here are our top 6 ways you can seek advice and help with legal fees within the UK. 1. Ask the other party to voluntary make payment Usually, the most straightforward and risk-free option is to ask the other party to make a voluntary payment towards your legal costs. If, however they refuse, do not have the means to pay or are only prepared to make a payment up to a certain amount you will need to consider the alternative options below. 2. Help from family and friends  Your friends or family may be willing to help you with your legal fees either by way of a gift or by way of a loan. Their help may be more appealing than taking out a commercial loan, however, before any money is advanced you will need to understand the terms on which they are prepared to advance... --- ### Third party support and resources: How is external support treated in a divorce? > How is external support treated in a divorce? It is not uncommon for parents continuing to pay an allowance to their children into adulthood. - Published: 2022-09-26 - Modified: 2024-10-21 - URL: https://watsonmorrisfamilylaw.co.uk/how-is-third-party-support-and-resources-treated-in-a-divorce/ - Categories: Divorce, Dissolution and Judicial Separation, Financial Settlements for Married Couples, Insights It is not uncommon to find parents continuing to pay an allowance to their children into adulthood, and in some cases this support continues after their children have married and can include payment of school fees for grandchildren or other financial provision paid on a regular basis. How external support treated on divorce? Judicious Encouragement of third parties Parents who continue to provide ongoing financial support to their adult children after their children’s marriage may find they are the subject of ‘judicious encouragement’ for this financial provision to continue post-divorce. The court shall have regard to ‘all the circumstances of the case’ and is specifically directed to the ‘income, earning capacity, property and other financial resources that each party to the marriage has or is likely to have in the foreseeable future’ (Section 25(2)(a), Matrimonial Causes Act 1973). Property is widely defined and includes real property, personal property, financial investments, stocks or other business assets or beneficial interests. The court has wide discretionary powers and will look at the actual financial resources a party has available to them, even if in some instances this may involve making orders on the assumption that third party financial assistance will continue. This has become known as judicious encouragement of third parties. How is external support treated on divorce? In Thomas v Thomas 2 FLR 668, Waite LJ stated that: ‘where a spouse enjoys access to wealth but no absolute entitlement to it (as in the case, for example of a beneficiary under a... --- ### Future inheritance and divorce > Future inheritance and divorce, how is it treated? At Watson Morris we can help with all areas of family law including divorce. - Published: 2022-09-25 - Modified: 2024-10-21 - URL: https://watsonmorrisfamilylaw.co.uk/how-is-future-inheritance-and-entitlement-under-a-trust-treated-in-divorce/ - Categories: Divorce, Dissolution and Judicial Separation, Financial Settlements for Married Couples, Insights How is future inheritance and entitlement under a trust treated in divorce? When determining the impact of future inheritance on a divorcing party, the court must have regard to the income, earning capacity, property and other financial resources that each party to the marriage has or is likely to have in the foreseeable future (Section 25(2)(a) Matrimonial Causes Act 1973).   Property and other financial resources can include expectations under a will and beneficial interests under a trust.   Future inheritance and divorce: Expectations under a will  It is rare for a future entitlement under a will to be treated as a financial resource during a divorce.  It is difficult to predict life expectancy and therefore when an inheritance might be received.  Another difficulty is trying to establish the amount that might be received and the uncertainty that a testator can change the terms of their will at any time.  Unless a testator is a party to the proceedings, they are not obliged to disclose the terms of their will or value of their estate.   Whilst rare, if a future inheritance does have certainty, the court may consider it a resource during divorce. For example in Hayat Youssef Alireza v Hossam Youssef Ibrahim Radwan and others EWCA Civ 1545 the court held that Saudi forced heirship laws meant that the wife’s future inheritance had certainty. The court may also consider adjourning an application if one party to the proceedings is due a substantial inheritance that would significantly alter the... --- ### Are pre-nuptial agreements legally binding? > Are pre-nuptial agreements legally binding? A nuptial agreement cannot stop a financial claim being made to the court on marriage breakdown. - Published: 2022-09-20 - Modified: 2024-10-21 - URL: https://watsonmorrisfamilylaw.co.uk/are-pre-nuptial-agreements-legally-binding/ - Categories: Featured, Insights, Nuptial Agreements Are pre-nuptial agreements legally binding? A nuptial agreement cannot stop a financial claim being made to the court on marriage breakdown, however, if a claim is made the nuptial agreement will be a relevant circumstance the court must consider. In Radmacher v Granatino the Supreme Court confirmed that ‘the court should give effect to a nuptial agreement that is freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to their agreement’.   If the three-stage test in Radmacher is complied with parties should expect the court to hold them to the terms of their agreement. This will help in determining if the pre-nuptial agreement is legally binding. Are pre-nuptial agreements legally binding? The three-stage test 1. The agreement must be freely entered into Parties must enter into the pre-nuptial agreement without any pressure from each other or anyone else. An agreement is unlikely to be upheld if the court finds evidence of mistake, duress, misrepresentation, exploitation of a dominant position or undue pressure. In the recent case of Traharne v Limb EWFC 27 Cohen J held that coercive and controlling behaviour is an example of undue pressure, exploitation of a dominant position or relevant conduct that can vitiate a nuptial agreement. The terms of the pre-nuptial agreement should be negotiated as far in advance of the wedding date as possible to avoid any last-minute pressure.   The court will consider the parties... --- ---