In an ideal world, child arrangements (know historically as child custody) will be decided amicably among all involved parties. Unfortunately, this isn’t always possible and if this is the case then the court will need to get involved.

In the UK, a Child Arrangement Order is an agreement detailing where a child will live, who they will spend time with and who they can have contact with. They are typically sought following the breakdown of a relationship and they take into account individual circumstances and what’s in the best interests of the child.

How do I apply for a Child Arrangement Order?

If you cannot agree on who should take care of your child/ren, you will need to apply for a court order. Please note that aside from certain situations such as domestic abuse for example, you must show that you’ve attended a meeting about mediation first.

If you apply directly to the court, they will more than likely appoint the Children and Family Court Advisory and Support Service (CAFCASS). This organisation represents children in family court cases in England and depending on the situation and ages of those involved, a CAFCASS office may speak directly to your child/ren to get their views and input.

Who can apply for a Child Arrangement Order?

In the majority of cases, it is the responsibility of you as a parent, guardian or step parent to make an application.

A person can also apply for a Child Arrangement Order if:

• They’ve lived with the child for at least three years within the last five years, and their application to the court is made within three months of the child no longer living with them
• A Child Arrangement Order is in force, and the person wishing to make the application has the consent of the person the child is legally living with at the moment
• The child is in Local Authority care and the person has the consent of the Local Authority to make an application
• They have the consent of each person who holds Parental Responsibility

If a person doesn’t meet any of these criteria, the court will need to grant permission for the application to be considered.

How long does it take to apply for a Child Arrangement Order?

Every situation is different and how long resolution takes place will depend on whether or not you can come to an agreement with the help of the court or CAFCASS.

How long does a Child Arrangement Order stay in force for?

The contact arrangements set out remain legally binding until your child/ren reaches the age of 16 (unless the order specifically states otherwise). After this, it’s up to your child/ren to decide how much contact they want to have with the parent they don’t live with.

What happens if a Child Arrangement Order is broken?

The Court does not monitor Child Arrangement Orders so if one has been broken, they need to be notified of the breach. A formal application for enforcement will need to be made and if the court is satisfied beyond reasonable doubt that a breach has occurred, they will make an Enforcement Order. This can result in a warning, fine, community service or in serious cases, a prison sentence.

For more information about Child Arrangement Orders or if you would like help making an application, please get in touch with our family team.  At Kidd Rapinet, we understand that cases involving children are very sensitive which is why we offer a no-obligation consultation. This will give you an insight into where you stand legally and also ensure that you’re 100% confident we’re the right firm for you before committing to anything.

This article was brought to you by Kidd Rapinet’s family solicitors. You can book an appointment with any of the family lawyers across our other offices in Aylesbury, Canary Wharf, Farnham, High Wycombe, Maidenhead or Slough, using the form provided.  Please use the links provided to find more information on divorce or separation, child arrangements and other areas of family law.

These materials and content have been prepared for the benefit of their viewers/readers. They are intended for marketing purposes only and are of a general nature and do not constitute legal advice applicable to any particular facts or circumstances. Kidd Rapinet LLP and/or the author(s) accept no duty of care, responsibility or liability for any loss or damage which you or any third party may suffer as a result of any reliance or use by you or them of these marketing materials and content, except to the extent it is not legally possible to exclude such liability. If you require legal advice on your own situation, please contact us so we can discuss how we may assist.

The post What is a Child Arrangement Order? appeared first on Kidd Rapinet.

But it’s a 50/50 financial split surely I should be entitled to half?

Imagine that you and your partner live together for several years like a married couple, but without being married. Your partner owns the property you live in: they bought it many years ago in their name, and they pay the mortgage. You buy all the food and pay all the household bills, and the cost of this is about equal to your partner’s mortgage payments. In terms of outgoings, it is a 50/50 split.

If your relationship broke down and you separated, your partner would be entitled to keep the property, with the benefit of the mortgage payments they made. You would have little or no claim over it, even if your partner was only able to afford the mortgage because you paid for all the food and household bills.

What about our children?

If you and your partner are unmarried when your child is born, the father only has parental responsibility if he is named on the child’s birth certificate or enters into a formal agreement with the mother (this requires registration) or if the court orders it.

So, how do I protect myself?

If you had been married or in a civil partnership (with the same arrangements as to mortgage payments and other household expenditure), the court (depending on circumstances) would have wider powers to redistribute the equity in the property (it being the family home) between you and your partner.

As a cohabitee, you are not automatically protected by laws specific to relationship breakdown, in the way that spouses/civil partners are. However, you and your partner can create your own, legally binding agreement setting out how your finances (capital and income, assets and liabilities) are to be dealt with if you separated. This is known as a cohabitation agreement, and enables you to claim many of the safeguards available to spouses/civil partners, whilst remaining as cohabitees. The agreement should be drafted by a solicitor and each of you should take legal advice independently of the other, to ensure it is enforceable.

These materials and content have been prepared for the benefit of their viewers/readers. They are intended for marketing purposes only and are of a general nature and do not constitute legal advice applicable to any particular facts or circumstances. Kidd Rapinet LLP and/or the author(s) accept no duty of care, responsibility or liability for any loss or damage which you or any third party may suffer as a result of any reliance or use by you or they of these marketing materials and content, except to the extent it is not legally possible to exclude such liability. If you require legal advice on your own situation, please contact us so we can discuss how we may assist.

The post The Unmarried Truth: Living together is not the same (in the eyes of the law) as marriage appeared first on Kidd Rapinet.

• You, or indeed your relatives, may wish to protect family wealth from the claims of a spouse or partner on relationship breakdown. A pre-nup is a way of ring-fencing assets handed down by way of gift or inheritance, and intended for future generations: descendants rather than those who marry into the family.
• You may have acquired assets before you met your spouse or partner – the fruits of a successful business or career which you worked hard for and regard as your own, to be kept separate from assets acquired jointly during your relationship. It may be only the latter you wish to share on relationship breakdown.
• There may be great inequality of wealth between you. Given that the English divorce court, at its discretion and depending on all the circumstances of the case, can put everything into the “pot” and divide a couple’s wealth equally between them, the richer party may wish to ring-fence at least part of their fortune.
• Sometimes one party has been through an acrimonious divorce themselves, or witnessed family or close friends endure legal wrangling over finances when a relationship breaks down. The opportunity to agree settlement terms in advance, when on good terms and capable of calm discussion, may understandably be an attractive option.
• You may have a child or children from a previous relationship and want to protect funds for them. Arguably assets generated during the previous relationship should be available for them, and not swept from under their feet by a later spouse or partner.
• If you lead an international lifestyle, as a result of which foreign courts could have jurisdiction over your divorce and financial settlement, you might want a pre-nup to secure the English court’s jurisdiction. This depends on which jurisdiction is potentially the most favourable for you, and you may need to take advice from both English and foreign lawyers.
• You may prefer the autonomy of drawing up your own settlement, rather than risking a legal battle resulting in a settlement imposed by the court. In addition, a pre-nup can include a confidentiality clause, whereas financial proceedings in court may be open to media reporting and unwelcome publicity.

And reasons for not venturing down the path of a prenup? Sadly there are cases where the effort of trying to agree terms exposes cracks in a relationship, such that one party calls off the wedding.
Also, under English law at the time of writing, pre- and post-nuptial agreements are not automatically enforceable. In certain circumstances, and especially if the agreement appears unfair to one party, the court can and does override them. However, there are steps in entering a pre- or post-nuptial agreement which you can take to minimise the risk of this: ensure each of you takes independent advice and gives full financial disclosure, include provision for the terms to be reviewed if your circumstances change significantly, sign the agreement well before your wedding or civil partnership date and, if there is insufficient time before the wedding, enter a post-nuptial agreement instead, so neither of you can claim to have signed under duress.

The laws for non-married cohabiting partners are not the same as those for married couples, and cohabiting couples can enter a cohabitation agreement, sometimes referred to as a “No-Nup”.

Although it is not a legal requirement to enter into a nuptial or cohabitation agreement, we encourage couples to consider making such arrangements in connection with their relationship or marriage.

These materials and content have been prepared for the benefit of their viewers/readers. They are intended for marketing purposes only and are of a general nature and do not constitute legal advice applicable to any particular facts or circumstances. Kidd Rapinet LLP and/or the author(s) accept no duty of care, responsibility or liability for any loss or damage which you or any third party may suffer as a result of any reliance or use by you or they of these marketing materials and content, except to the extent it is not legally possible to exclude such liability. If you require legal advice on your own situation, please contact us so we can discuss how we may assist.

The post The killer question? Will you ask or will you risk it? appeared first on Kidd Rapinet.

Coping with separation and divorce during Covid 19 is extremely tough but we hope by sharing some of the questions we are being asked it will help to make things a little easier if you are either in the middle of a separation or contemplating one.

Should I start or carry on with my divorce/separation?

That is a decision that depends on a number of factors.   If there is domestic abuse in the home that has increased since lockdown or there are additional strains on livelihoods, then there is a need to move matters forward now. Our family solicitors are dealing with a high volume of cases where people still need, for a variety of reasons, to progress their divorce and to finalise or implement settlements.    Emergency applications may still need to be made to the Courts to deal with, for example, an injunction.

There may however be certain situations where complicated finances mean that settling financial matters should be put on hold.  Every case is different but if assets such as investments, pensions or companies need valuation there may be a good reason why delaying that is your better option, especially if there has been a decrease in the value of assets.

Are Court hearings still going ahead?                                                  

The short answer is yes. The courts in England have now adjusted to a remote way of working and, where possible, hearings should still go ahead.    There were some problems in the first lockdown but that is starting to settle down and most hearings are now being dealt with by telephone or video conferencing.   There are still cases that require face to face hearings and you can still attend Court in those circumstances.  However, the Court service is overwhelmed and so cases that require intervention by a Judge are taking a long time to conclude and there are lengthy waiting times for Court hearings. It is important to consider all other options and not just to go to Court.

Can a solicitor still go through my case and provide me with advice?

Yes.   Kidd Rapinet, have adapted their way of working to provide video conferencing facilities and appointments over the telephone.  It is important that your case is progressed and that you are advised correctly and feel fully supported.

What other ways are there to resolve disputes?

Mediation is a great form of alternative dispute resolution.   This is particularly useful now as the mediator can conduct this via video and will help you identify and clarify all matters including financial and children issues.  Mediation can be helpful in restoring communication between parties and, if both parties agree, mediation settlements can be incorporated into a legally binding court order via Solicitors.

Arbitration is also possible where an independent person is asked to help resolve disputes that have arisen.   Arbitration is a binding process and is quicker than Court proceedings and can be tailored for the individual client. Arbitrators are often experienced Barristers or solicitors with expertise in family matters.

What should I do next?        

If you are going through separation and require legal support and assistance please call us to talk through your options and we can guide you to the next steps of the process and look at modern and forward-thinking ways to resolve matters amicably and swiftly.

This article was brought to you by Kidd Rapinet’s family solicitors. You can book an appointment with any of the family lawyers across our other offices in Aylesbury, Canary Wharf, Farnham, High Wycombe, Maidenhead or Slough, using the form provided.  Please use the links provided to find more information on divorce or separation, child arrangements and other areas of family law.

These materials and content have been prepared for the benefit of their viewers/readers. They are intended for marketing purposes only and are of a general nature and do not constitute legal advice applicable to any particular facts or circumstances. Kidd Rapinet LLP and/or the author(s) accept no duty of care, responsibility or liability for any loss or damage which you or any third party may suffer as a result of any reliance or use by you or them of these marketing materials and content, except to the extent it is not legally possible to exclude such liability. If you require legal advice on your own situation, please contact us so we can discuss how we may assist.

The post Separation and divorce during Covid 19 appeared first on Kidd Rapinet.

But looking at other more standard assets what do Solicitors look at and how do we get to a point where there is a fair division of what is available?

The simple answer is that there is no simple answer!

The law in this country when couples divorce is determined by the Matrimonial Causes Act 1973 which sets out what considerations we should have when dividing assets and income.    We can look at the length of the marriage, the ages of you and your ex, the contributions you make and a variety of other factors.   There is a common belief that matrimonial assets are simply divided 50:50 when a couple divorce. It’s easy to see why when the objective of the family court is to achieve an outcome which is ‘fair’ to both parties.

There are a lot of times that we get questions we get about pre-marriage assets and inheritance.   This is often the case when one party is the higher earner or has brought more money into a marriage.

First and foremost, the court will always look to meet the needs of each party. If these needs can be met from the assets and there is then a surplus, the court may go on to consider dividing the remaining assets taking into account where they came from.

As always, each person’s financial situation and requirements are different and so it is always advisable to see a specialist family lawyer to talk about your and your family’s own individual situation to get a better sense of what you may or may not be able to do about financial matters.

We can also look at pensions that you and your ex have.   These can be shared between the parties to achieve a fair settlement or you can offset those against other assets.    Expert advice should always be sought from Solicitors and pension financial specialists about pension schemes which are often valuable and the division of those can be complicated and require expert assistance.

At Kidd Rapinet we can offer you a wealth of experience in assessing your financial situation and giving you options as to how to resolve the financial situation.  We can even talk about who gets the dog (or the goldfish) if you want to.

This article was brought to you by Kidd Rapinet’s family solicitors. You can book an appointment with any of the family lawyers across our other offices in Aylesbury, Canary Wharf, Farnham, High Wycombe, Maidenhead or Slough, using the form provided.  Please use the links provided to find more information on divorce or separation, child arrangements and other areas of family law.

These materials and content have been prepared for the benefit of their viewers/readers. They are intended for marketing purposes only and are of a general nature and do not constitute legal advice applicable to any particular facts or circumstances. Kidd Rapinet LLP and/or the author(s) accept no duty of care, responsibility or liability for any loss or damage which you or any third party may suffer as a result of any reliance or use by you or them of these marketing materials and content, except to the extent it is not legally possible to exclude such liability. If you require legal advice on your own situation, please contact us so we can discuss how we may assist.

The post If we divorce, who gets the dog? appeared first on Kidd Rapinet.

The Covid 19 lockdown has led to a sharp increase in domestic abuse, with victims unable to escape perpetrators.  The unfamiliar experience of being cooped up in small spaces, juggling childcare and home schooling, money worries with one or both partners furloughed or made redundant is creating a living nightmare for many.

The Charity Refuge has reported 49% rise in calls to its helpline during the first 3 weeks of lockdown to 400 calls per day.

Cover your tracks

Delete your browser history – if you have visited abuse support websites and share the computer with the abuser, you can remove your search history.  Go to the window you were browsing hold down the ctrl key on the keyboard and press the H key.  Find the entries you do not wish to be found and right click and delete.

Abuse is never ok.  With social distancing rules and the government enforcing the message “stay at home, protect the NHS, save lives” abuse victims are struggling to know where to turn.

Specialist advice

Gaining immediate help and support is imperative, below are a wide range of support helplines.  Please do call 999 if you or another member of your family is at immediate risk.

Longer-term planning

While looking ahead may seem impossible, planning for an alternative future is key to mental wellbeing and happiness.  Our experienced family lawyers deal with complex relationships -our domestic violence specialists bring an entirely different level of understanding to men and women suffering from abuse.  Please do reach out if we can help you.  Details of our family solicitors can be found here.

Domestic Abuse Support Helplines

Emergencies

• Dial 999 from a mobile – If you can’t speak to request ‘police’ the operator may prompt you to cough or will put you through to the silent solution which is a 20 second automated police message where you will be ask to press 55. This will then put you through to the police. #silentsolution
• Dial 999 from a landline – If you can’t speak and caller can only hear background noise and doubt for safety exists they will put you through to the police. If you replace the handset the call will remain live for 45 seconds in case you pick up again. If you do, the call handler will put the call through to the police.
• Refuge – The National Domestic Abuse Helpline – 0808 2000 247. This is a 24 hour line
• The Men’s Advice line for male domestic abuse – 0808 801 0327
• Childline –
• The Mix, free information and support for under 25’s – 0808 808 4994
• National LGBT and domestic abuse helpline – 0800 999 5428
• Women’s Aid – click here to find support in your local area

This article was brought to you by Kidd Rapinet’s family solicitors. You can book an appointment with any of the family lawyers across our other offices in Aylesbury, Canary Wharf, Farnham, High Wycombe, Maidenhead or Slough, using the form provided.  Please use the links provided to find more information on divorce or separation, child arrangements and other areas of family law.

These materials and content have been prepared for the benefit of their viewers/readers. They are intended for marketing purposes only and are of a general nature and do not constitute legal advice applicable to any particular facts or circumstances. Kidd Rapinet LLP and/or the author(s) accept no duty of care, responsibility or liability for any loss or damage which you or any third party may suffer as a result of any reliance or use by you or them of these marketing materials and content, except to the extent it is not legally possible to exclude such liability. If you require legal advice on your own situation, please contact us so we can discuss how we may assist.

The post Help with domestic abuse during Covid 19 lockdown appeared first on Kidd Rapinet.

The Covid-19 lock-in has seen many people take the next step in their relationship at a much faster pace then they may have had planned simply because they do not want to be alone at this time and face lock-in away from each other. They now live and work together because they did not want to be apart and this time together may test the strength of their relationship. For some people, this may be a temporary measure only but for others, it is the start of a new future together.

However, it may be that being fast tracked to take relationship to the next stage means you’ve not considered any legal implications of living together.

If you are moving into your partner’s property then you will not automatically have any financial interest in the property but even if you are not married legal rights may arise as a consequence. The partner who is not the legal owner of the property may still be able to establish a legal interest in certain circumstances e.g. the length of the cohabitation, improvements to the property and the intentions of the parties and a few more. If at some point in the future you broke up with your partner then the onus would be on the non-owning party to prove that they have a financial entitlement in respect of the property.

Kidd Rapinet advise couples that communication is key even if you have already moved in together during this lockdown. This will minimise misunderstandings further down the line as to the legal and financial situation.  So if you intend on contributing to the mortgage and/or household bills then talk about it. Try to be very clear from the start what financial contributions to running the property will be made and if they are intended to provide a legal interest in the property.

You may wish to consider preparing a Cohabitation Agreement with the assistance of a specialist family lawyer as this provides clarity. This can, amongst other things, set out how the mortgage repayments and utility bills will be paid, how any joint bank account will run, responsibility for structural repairs and renovations, and what will happen to the property should there be a breakdown in the relationship.

The Cohabitation Agreement can cover a variety of issues, such as:

• Ownership of assets held in sole names prior to the relationship
• How you pay rent/mortgage, utilities, and other outgoings
• Ownership of assets acquired during the relationship
• Ownership of gifts received during the relationship
• Liability for debts, such as overdraft, credit cards, and bank loans, for example
• Ownership of vehicles
• What will happen if you separate

It would not be appropriate for the same firm of solicitors to advise both parties about the content and effect of the Agreement, due to potential conflicts of interests, so each of you should obtain separate legal advice before signing the Agreement.

If you would like to discuss a cohabitation agreement or any other family law issue, please speak to Reshma Sunnassee at rsunnassee@kiddrapinet.co.uk or call 01296 509985.  At this current time, we can no longer offer a face-to-face service at our offices however appointments can be carried out via phone, email and video conferencing.

The post Living together during Covid-19 appeared first on Kidd Rapinet.

We understand how frightening and difficult the situation is and there may be further decisions by our government in the coming days/weeks to self-isolate and remain at home which makes it increasingly difficult for parents going through divorce/separation.

Communication is key and we urge both parents to try and work together during this pandemic.  If you have fears and worries about your children moving around from property to property then we suggest looking into downloading apps such as Facetime, Skype, Houseparty etc.  These are especially helpful to allow you to read stories to your children, sing, dance, play board games and much more – even if you can’t physically be by their side they will feel supported by both parents.

We hope you can find a way through this difficult time to parent safely.

This article was brought to you by Kidd Rapinet’s family solicitors. You can book an appointment with any of the family lawyers across our other offices in Aylesbury, Canary Wharf, Farnham, High Wycombe, Maidenhead or Slough, using the form provided.  Please use the links provided to find more information on divorce or separation, child arrangements and other areas of family law.

These materials and content have been prepared for the benefit of their viewers/readers. They are intended for marketing purposes only and are of a general nature and do not constitute legal advice applicable to any particular facts or circumstances. Kidd Rapinet LLP and/or the author(s) accept no duty of care, responsibility or liability for any loss or damage which you or any third party may suffer as a result of any reliance or use by you or them of these marketing materials and content, except to the extent it is not legally possible to exclude such liability. If you require legal advice on your own situation, please contact us so we can discuss how we may assist.

The post Separated parenting during Coronavirus appeared first on Kidd Rapinet.

This is an unprecedented time for us all. The court and family lawyers all over the country are rallying together to keep things moving for everyone.

There is a strong public interest in the Family Justice System continuing to function as normally as possible despite the present pandemic but there is a need for all reasonable and sensible precautions to be taken to prevent infection and, in particular, to avoid non-essential personal contact.

On the 19th March, 2020, the President of the family division gave national guidance for the family court which we are all adhering to. The details of which can be viewed here.

If you have any questions, please do not hesitate to direct these to any of our family lawyers.

Thank you and please stay safe.

The post Covid 19 & Family Law appeared first on Kidd Rapinet.

Diving headfirst into court proceedings is discouraged. If you have a case to bring, you are expected first to send the other party a “letter before action”, setting out your claim and the remedy you seek. The onus is then on all parties to voluntarily exchange information and documents about the matter, and explore the issues with a view to settling out of court. Parties are encouraged to try to settle using alternative dispute resolution (ADR). It is more efficient and cost effective, and people are more likely to be satisfied with and abide by an agreement they have reached themselves. A decision imposed on them by the court may leave a bitter taste. Also, court hearings are usually held in public and may be the subject of media reporting, putting reputations at risk. Out of court settlements are more likely to be confidential.

ADR includes negotiation (by the parties with the help of their legal advisors); mediation (with a mediator who helps the parties agree terms); and arbitration (an arbitrator hears the arguments and decides on settlement terms). If you do end up in court, the onus on trying to settle continues and you can do so at any stage of the proceedings.

Parties must be open about the evidence they have or know of. No more holding your cards to your chest and springing surprises at the door of the court. You have to disclose all documents which are, or may be, relevant to the issues. These include documents in support of, or harmful to, your own case or the other party’s case. There are also rules on relying on experts (e.g. property valuers or medical experts). You may no longer choose to pay experts to argue on your behalf. You need the court’s permission. In the first instance, a single joint expert is appointed as a neutral witness, whose duty is to the court (not to you or the other party) to report impartially.

Court language and procedure are simpler, for the benefit of non-lawyers. You no longer “issue a writ”, you start a claim using a “claim form”. Evidence is given in a “statement” rather than an “affidavit”. And the requirement for statements to be sworn before a Commissioner for Oaths is mostly waived in favour of signing a declaration that your evidence is true.

Court proceedings remain expensive but costs are more closely monitored. At nearly every hearing, each party will disclose their costs to date and/or going forward. The judge keeps a close eye on whether costs risk becoming disproportionately high. If they do, you will be urged to settle. Even if you win, and the other party is ordered to pay your costs, it is unlikely they will have to fund the full amount of the “winner’s” costs. Each party almost always pays something in costs, hence an all-round advantage to reaching an early settlement.

These materials and content have been prepared for the benefit of their viewers/readers. They are intended for marketing purposes only and are of a general nature and do not constitute legal advice applicable to any particular facts or circumstances. Kidd Rapinet LLP and/or the author(s) accept no duty of care, responsibility or liability for any loss or damage which you or any third party may suffer as a result of any reliance or use by you or they of these marketing materials and content, except to the extent it is not legally possible to exclude such liability. If you require legal advice on your own situation, please contact us so we can discuss how we may assist.

The post Dispute Resolution – satisfaction or heartache? – learn a little about the process! appeared first on Kidd Rapinet.