Family Law articles

Family Law News

  • Resolution Specialist Accreditation
    We are pleased to confirm that Andaleeb Khandaker is now a Resolution Accredited Specialist in the areas of Complex Financial Remedy and Children Law. Garside and Hoy are proud that our family lawyers are accredited specialists in their field. Being awarded recognition as a member of Resolution’s Specialist Accreditation Scheme demonstrates the depth of our knowledge, ... Read full article
  • The voice of the child
    The Ministry of Justice supports the principle that all children over the age of 10 should have the opportunity, should they want to,  to meet with a qualified child inclusive trained mediator for their wishes and feeling to be taken in to account in the discussions that their parents are having about their future arrangements. ‘ ... Read full article
  • Bernadette Hoy acclaimed in The Legal 500 UK
    Bernadette Hoy, a Partner at Garside & Hoy and head of our Family Law department, has today received an excellent review in The Legal 500 UK. The review of the Family Law department states: Garside & Hoy: ‘knowledgeable and goal-driven’ group provides ‘excellent response times and good value for money’. The team has notable expertise in ... Read full article
  • Garside & Hoy’s Family Law Department features in The Legal 500 UK
    Garside & Hoy’s Family Law Department have received a glowing review in The Legal 500 United Kingdom which was published today. The review states: Garside & Hoy: ‘knowledgeable and goal-driven’ group provides ‘excellent response times and good value for money’. The team has notable expertise in financial settlements, particularly where foreign assets and jurisdiction issues are ... Read full article
  • Pre-election calls for reform to family justice system
    Resolution, whose members are committed to a constructive and conciliatory approach to family disputes, is lobbying for commitment from the major political parties ahead of the 2017 general election to reform the family law system. It is proposed that urgent reform is needed to encourage a more amicable, fair and modern system that will reduce conflict ... Read full article
  • Family Law Accreditation
    Congratulations to Andaleeb Khandaker who has been awarded The Law Society’s Family Law Accreditation. The Family Law Accreditation covers all types of family law work and accredited members are recognised for their high level of knowledge, skills, experience and practice in the area of family law. For confidential advice on any aspect of separation, divorce or ... Read full article
  • Pre-wedding checklist, have you thought of everything?
    The pre-wedding checklist now has a new essential: The pre-nuptial agreement. Celebrities such as Tom Cruise and Katie Holmes, Justin Timberlake and Jessica Biel, Angelina Jolie and Brad Pitt have all been reported to have taken advantage of the pre-nuptial agreement. Although you may feel that you have nothing in common with any of the ... Read full article
  • Cohabitation – are your rights protected?
    A recent study by the Office of National Statistics has shown that cohabiting couples represent nearly 10% of the population. The rise has caused a number of family law experts to argue that this is further proof that the law on cohabitation needs to catch up with modern British society. According to the ONS, people who ... Read full article
  • Large needs award made in high profile divorce settlement
    Following contested court proceedings, last week the High Court in London made a decision for Sheikh Walid Juffali, a Saudi businessman, to pay his former wife Christina Estrada a record lump sum payment of £53 million, making her overall divorce settlement including her assets, a total of around £75 million. In view of the level ... Read full article
  • EU referendum result – What does this mean for Family Law?
    Speaking following the EU referendum result, Resolution Chair Nigel Shepherd said: ”It’s too early to know the full implications for family law, but what is clear is that we are entering a period of great uncertainty. Like most areas of legislation, family law in the UK is currently intrinsically linked to that in other jurisdictions. We won’t ... Read full article
  • Special Guardianship Orders
    The spotlight has fallen on special guardianship after the recent conviction of a legally appointed special guardian at Birmingham Crown Court following the death of a child entrusted to her care. There have been concerns raised in respect of the level of investigation carried out by local authorities when looking to place children with an alternative ... Read full article
  • Divorce Court Fees to Increase
    The Ministry of Justice has confirmed this week that the issue fee for commencing divorce proceedings will rise from £410 to £550 with effect from Monday 21 March 2016 across all divorce units. The proposed fee increase was considered as part of the government consultation in 2015, which was strongly opposed by many family practitioners. The ... Read full article
  • Court error in Financial Statement Form
    The error in the online Form E software, which is used to calculate assets in financial settlements between couples, is being investigated by HM Courts Service. Despite the problem being raised in December 2015, HMCS has only now begun to write to thousands of couples who have settled divorces since April 2014 and therefore may ... Read full article
  • Can an amicable divorce really be achieved and does the divorce process encourage this?
    It has been reported that Gary Lineker and his wife are separating after their six-year marriage with decree nisi in the divorce proceedings being pronounced at the Family Court at Southampton. They will need to wait six weeks from the date of decree nisi before they can apply for decree absolute to make the divorce ... Read full article
  • Divorce rates continue to fall
    Divorce rates since 2004 continue to decrease according to a bulletin published by The Office of National Statistics (ONS). The bulletin concerns statistics in 2013 and states that 2013 saw the number of divorces fall by 2.9% compared the previous year. The annual divorce statistics publication is usually published by the ONS around 12 to 13 ... Read full article
  • Family Mediation
    Bernadette has been awarded The Law Society’s Family Mediation Accreditation recognising the high standard of her work as a family mediator. The award of this quality mark demonstrates Bernadette’s competence to offer family mediation for children issues and/or financial issues. As a member organisation of the Family Mediation Council (FMC), the Law Society’s Family Mediation Accreditation ... Read full article
  • National Dispute Resolution Week 2015
    Resolution, the family law organisation with 6,500 members of lawyers and other professionals, launched their fourth Family Dispute Resolution Week from 23-27 November 2015. Resolution is committed to a constructive, non-confrontational approach to family law matters and this week Resolution has been raising awareness of the importance of parents putting their children’s needs first during the ... Read full article
  • Don’t stay together for our sake, say children – Resolution News Release.
    New polling has found that around eight out of ten children and young people with experience of parental separation or divorce would prefer their parents to split up if they are unhappy, rather than stay together. The poll of young people aged 14-22 with experience of parental separation, which was carried out by ComRes on behalf ... Read full article
  • Ministry of Justice proposes increase in Divorce Court fees
    As part of a consultation aimed at modernising HMCTS and improving its efficiency, the Ministry has today put forward further proposals to increase fees across a number of courts and tribunals. This includes the fee for divorce proceedings which would increase from £410 to £550. Although there will be a reduction in the fee in particular ... Read full article
  • St Lukes Midnight Walk
    On Saturday 27th June, Julia Newland took part in the annual St Lukes Hospice Midnight Walk. The event, which aims to raise vital funds to support the local hospice, saw 1200 women joining together to walk the 9 miles at midnight through the streets of Harrow. Julia Newland is a trustee of St Lukes Hospice and ... Read full article
  • Garside & Hoy supports Resolutions Manifesto to improve Family Justice
    Resolution has called for radical changes to improve the lives of separating and separated families across England and Wales. The family law organisation represents lawyers and professionals who deal with divorce and separation. The report has been developed by Resolution’s own committees and members and names six key areas most in need of change. These include ... Read full article
  • No increase to divorce court fees
    As part of the wider consultation on reforming court fees it was recently announced that there will be no rise to divorce fees. The justice secretary has scrapped the plan that would have increased the court fee for obtaining a divorce from £410 to £750. The government admitted that this particular proposal ‘attracted the highest level ... Read full article
  • Bernadette Hoy’s Article in the latest edition of the Resolution Review Magazine
    Bernadette Hoy was recently asked to write an article for Resolution’s Review Magazine regarding her experience at the Dispute Resolution (DR) Conference in Nottingham. Bernadette is a member of Resolution which is an organisation of family lawyers and other professionals who are committed to the constructive resolution of family disputes by promoting a non-confrontational approach ... Read full article
  • Dealing with separation in ‘a better way’
    Garside & Hoy are pleased to again be participating in Resolution’s Family Dispute Resolution Week. The aim of the campaign is to spread awareness of the different options available to those who are separating, such as Mediation, Collaborative Law and Arbitration, rather than resorting to Court. To coincide with the launch of Family Dispute Resolution Week, Resolution ... Read full article
  • Failure to pay child maintenance could damage credit rating
    From March 2015, parents who fail to pay child maintenance could see a “negative mark” on their credit rating. In an attempt to deter parents who try to avoid payments, the Government has announced that from next year, the Child Support Agency (CSA) and Child Maintenance Service (CMS) will be able to pass on details about ... Read full article
  • Family Dispute Resolution Week
    Family Dispute Resolution Week 24th – 28th November 2014 Garside & Hoy are once again delighted to support Resolution Family Dispute Resolution Week  by offering a FREE 20 minute meeting to provide you with information about the different dispute resolution processes to including Mediation, Collaborative Law and Arbitration. (We will not be providing you with individual legal advice.) The ... Read full article
  • New Child Maintenance System introduced today
    As from today, 30th June 2014, there are now fees and charges being introduced for using the Child Maintenance Service. Read more about the changes and how they might affect you below from the statement from the Department of Work and Pensions.   Fees and charges for the Child Maintenance Service   Fees and charges are being introduced from today ... Read full article
  • Understanding Family Mediation
    The Ministry of Justice have launched a public awareness video to raise awareness of how family mediation can help separating couples. This video has been created to help explain to those who are separating or divorcing how mediation can help (for example in agreeing arrangements for their children and financial matters).   You can watch the video here: ... Read full article
  • Membership of the Family Law Accreditation Scheme has been renewed again for the next five years
    Membership of the Family Law Accreditation Scheme has been renewed again for the next five years. Bernadette Hoy, family law Solicitor and Partner at Garside & Hoy said: “I am thrilled that we have once again received recognition by the Law Society for our continued excellence in the area of family law.” To obtain membership we have ... Read full article
  • Niamh McCarthy qualifies as a Solicitor
    Garside and Hoy are pleased to announce that Niamh McCarthy has completed her training with the firm and has today qualified as a Solicitor. We are delighted that Niamh will remain with the firm and shall be advising upon and acting in matrimonial and family matters as well as residential conveyancing and Will writing. We wish Niamh ... Read full article
  • Options available to help separating and divorcing couples
    Resolution have launched a new video to support separating and divorcing couples. The video aims to highlight the different options available to couples that are considering separating.   Bernadette Hoy, an accredited member of Resolution, is a practising Mediator and Collaborative lawyer. If you would like any further information about the different options available please contact Bernadette ... Read full article
  • Free Family Law consultation during Family Dispute Resolution Week
    Family Dispute Resolution Week 25th – 29th November 2013 Garside & Hoy are delighted to support Resolution Family Dispute Resolution Week  by offering a FREE 20 minute meeting to provide you with information about dispute resolution processes to including Mediation, Collaborative Law and Arbitration. (We will not be providing you with individual legal advice.) The meeting will explore ... Read full article
  • Mediation Information and Assessment Meetings
    Mediation Information and Assessment Meetings As part of our Mediation service Bernadette Hoy is qualified to undertake Mediation Information and Assessment Meetings. Since the 6th April 2011, anyone wishing to start proceedings in the family court should attend such a meeting with a Family mediator. The purpose is to assess whether the dispute is capable of settlement ... Read full article
  • Government launches new Family Mediation video
    The Government have today launched a new video to help raise awareness of how family mediation can help separating couples, for example in agreeing arrangements for children and financial matters. The video can be accessed through the following link:- To find out more about family mediation and the benefits that it can provide to you and to ... Read full article
  • Increase in Family Proceedings Court fees
    The Lord Chancellor has announced that Court fees in Family Proceedings will increase from the 1st July 2013. Certain fees are increased by the cumulative rate of inflation since those fees were last increased; in some cases a 6.5% increase. The Court fee to issue a divorce petition will now be £410, but this will now ... Read full article
  • What is Family Mediation?
    With the government changes to family legal aid and the continued financial pressure on household budgets, separating couples are looking for alternative ways of resolving both financial and children’s disputes upon separation.  Family mediation is a process by which separating couples are helped to reach agreement about how to make the best arrangements for the ... Read full article
  • Common Law Husband and Wife – A Myth
    There are a number of unmarried couples who believe that they are protected by Common Law – hence the much used term common law husband and wife.  Common law offers co-habiting couples no protection when separating.  With couples living together without being married being the fastest growing type of family in the UK, disputes are ... Read full article
  • The London Legal Walk 2013
    On Monday this week the Partners and Staff of Garside & Hoy took part in the London Legal Walk, with their team (all finishing!) and raising nearly £2,000 for the London Legal Support Trust.   The event, in which 7,000 walkers and runners took part in, raised over £500,000 for the charity which raises funds for free ... Read full article
  • The London Legal Walk – 1 week to go!
    We’re now just one week away from the London Legal 10km sponsored walk which the Partners and Staff of Garside & Hoy are taking part in. The purpose of the walk is to raise money for the Legal Support Trust who are an independent charity who provide free legal advice services in London and the South ... Read full article
  • Court accepts that a boy ‘didn’t want to visit his mother’
    Court accepts that a boy ‘didn’t want to visit his mother’ Read full article
  • Law Commission wants your views on pre-nup agreements
    The Law Commission has begun a public consultation on the role of pre-nuptial agreements. Read full article
  • Husband gets a reduction in divorce settlement
    A man has had his divorce settlement to his former wife reduced by £1m after taking his case to the Court of Appeal. Read full article
  • Draw up a legal agreement with your cohabiting partner
    Contrary to popular belief, cohabiting couples do not have the same automatic legal protection as married couples. Read full article
  • Woman wins the right to contact her half-siblings
    A woman has won the right to contact her half-brother and half-sister despite opposition from the children’s father. Read full article
  • Get the law on your side in 2011
    The start of a new year is an excellent time to take stock and consider whether you are doing as much as you could to provide legal protection for yourself and your family. Read full article
  • Courts prevent mother taking children too far away from father
    A mother has been prevented from taking her children to live in the Orkney Islands because it was too far away from their father and they were already settled in a town in the north of England. Read full article
  • Husband wins appeal to have maintenance payments recalculated
    A husband has won his appeal to have his maintenance payments to his ex-wife recalculated after proving that she had started cohabiting with another man. Read full article
  • Children ‘were old enough’ to choose between their parents
    A court has ruled that two children aged eight and six were old enough to have their views taken into account during a parental dispute. Read full article
  • Pre-nups should be considered binding unless they are unfair
    Pre-nuptial agreements should generally be considered as binding as long as they are fair and entered into freely. Read full article
  • Lack of legal protection ‘a problem’ for cohabiting couples
    The Law Society says many cohabiting couples still don’t realise that they lack legal protection should their relationship break down. Read full article
  • Government wants your views on improving family justice
    If you have ever been affected by the family justice system and have views on how it could be improved then the Government wants to hear from you. Read full article
  • Man who failed to pay maintenance is prevented from selling his home
    A man has been prevented from selling his home because he has repeatedly failed to make the required maintenance payments for his children. Read full article
  • New Family Task Force to help children, parents and grandparents
    The Government’s new Childhood and Families Task Force is to look at better ways of supporting children, parents and grandparents in the event of family breakdowns. Read full article
  • Divorcing couples can no longer use secretly obtained documents
    Divorcing couples will no longer be able to use secretly obtained confidential documents as part of their evidence. Read full article
  • Court puts child’s needs before her father’s wishes
    A court has ruled that it would be in a child’s best interests to live abroad with her mother even though her father wanted her to stay in the UK. Read full article
  • Father wins appeal over son being taken to Australia
    A man who is trying to prevent his former wife from taking their five-year-old son to live abroad has won his appeal to have the case reconsidered. Read full article
  • Grandmother wins right to be paid as her granddaughter’s carer
    A grandmother has won the right to be paid the same rate as a foster carer for looking after her granddaughter. Read full article
  • Mother wins appeal over contact arrangements for her baby
    A mother has won her appeal over the amount of time her former husband should be allowed to have contact with their baby son. Read full article
  • Wife keeps her home because husband failed to reveal affair
    A woman has succeeded in keeping her home because her husband did not tell her he was having an affair when he persuaded her that they should remortgage the property. Read full article
  • Man must pay ex-wife more than £200,000 – 25 years after divorce
    A woman is to receive £215,000 from her former husband even though they have been divorced for 25 years. Read full article
  • Grandparents may find it easier to have contact with grandchildren
    Grandparents are sometimes the forgotten victims of family breakdowns. Read full article
  • Child’s objections must be respected in contact hearing
    A court has held that a boy’s views and objections should be taken into account when deciding whether he should stay with his father or his mother. Read full article
  • High Court rules that woman has no claim on her partner’s home
    The High Court has ruled that a woman who cohabited with her fiancé cannot claim a share of their home following the breakdown of their relationship. Read full article
  • Law Commission wants more rights for cohabiting couples
    Many cohabiting couples do not realise that they have few legal rights to protect their interests should their relationship break down. Read full article