Giving evidence in cohabitation claims: Lessons from Hampshire v Bonser
Unmarried couples who live together in England and Wales do not have special legal rights when they split up. There’s no statutory scheme to divide property. Instead, disputes are dealt with under general property and equity law. One key principle is the common intention constructive trust (CICT). A CICT can give a partner a share […]
Domestic abuse: exceptional or everyday?
The Domestic Abuse Commissioner’s report tells us that domestic abuse is everyday business in the family courts. But, for the conduct of one of the parties to affect financial remedies outcomes upon a divorce or a dissolution of a civil partnership, it has to be conduct of a highly exceptional nature. The fact that the […]
Life in Law – the mental toll and job sustainability in the family law sector
World Mental Health Day falls on 10th October every year. An ongoing reminder that although there is (somewhat) more openness around mental health, the reality is that reducing the stigma does not mean solving the problems. Statistics on mental health in the UK and globally are still staggering. The World Health Organisation (WHO) estimates that […]
Fewer sitting days, greater delays: The human cost of a strained family court system
For many separating couples, the family court is already an uphill climb – emotionally charged, financially draining and beset by delays. Hearings can be difficult to secure, listings are tight, and cancellations are increasingly common. Against that backdrop, the recent announcement to reduce financial remedy sitting days from late 2025 feels like a step backwards […]
Two thirds of cohabitees admit they don’t know what would happen if they died without a Will
There is an ‘alarming gap’ in the public’s understanding of inheritance laws after two thirds of cohabitees said they didn’t know what would happen to their estate if they died without a Will. A fundamental lack of understanding of the rules of intestacy is evident in statistics that suggest a quarter of people mistakenly believe […]
How to support clients through ‘trauma-informed’ family law
In this episode of the Today’s Family Lawyer Podcast, host David Opie is joined by Peter Burgess, Founding Partner at Burgess Mee Family Law, and Hannah Budd, Partner at the Rosefield Divorce Consultancy, to explore a new collaboration designed to reshape how family law professionals support clients in crisis. The conversation centres on “Within the […]
High-net-worth financial remedy: more than just extra zeros
We regularly use the term “high-net-worth” when describing financial remedy cases, but what does it actually mean? Is it simply about a few extra zeros on our new ES2, or is it really about the complexities these cases attract? For me, it’s often the latter. A case can be high-value but straightforward if both parties […]
Legal sector faces ‘turning point’ as more than half anticipate leaving their role within the next 5 years due to overload and burnout
The legal sector faces a turning point as more than half of people responding to a survey on their mental health and wellbeing said they anticipated leaving their role within the next five years, and a third said they anticipated leaving the legal sector completely as the normalisation of overworking has played a sizeable role […]
Domestic abuse agenda lacks momentum as government commits to just 10 of 66 recommendations
The government’s ambition to halve violence against women and girls (VAWG) lacks momentum amid calls for reassurance it remains a priority from Domestic Abuse Commissioner for England and Wales Dame Nicole Jacobs. The commissioner was responding to the government’s response to ‘Victims in their own right? Babies, children and young people’s experience of domestic abuse’, […]
20% increase in ‘draconian’ Deprivation of Liberty orders over the last 12 months
Deprivation of Liberty orders vastly outnumber applications to place children in registered secure accommodation as a severe shortage of secure children’s homes bites say The Nuffield Family Justice Observatory (NFJO). Ministry of Justice figures (MoJ), released as part of the Family Court Statistics Quarterly, showed 357 children were subject to deprivation of liberty (DoL) applications […]
Too old to parent? Mr and Mrs K v Mr and Mrs Z and the age paradox in English surrogacy law
The recent decision in Mr and Mrs K and Mr and Mrs Z [2025] EWHC 927 (Fam) has thrust a glaring inconsistency in English surrogacy law into sharp focus. The case concerned 72-year-old intended parents who successfully obtained a parental order following a Californian surrogacy arrangement, raising a fundamental question: is our law’s approach to […]
More than half of adults “surprised” to learn marriage revokes a Will
More than half of UK adults are unaware marriage revokes a Will according to research conducted by charity consortium Will Aid. The annual campaign which returns in November, has conducted a survey of 2000 adults and found 56% of respondents were unaware of this rule. The current legal position was part of the ‘Modernising Wills […]
Staying sane in family law
The Today’s Family Lawyer Podcast welcomes Annmarie Carvalho, director of The Carvalho Consultancy (TCC), to discuss her work at the intersection of law and therapy and the launch of her new book, ‘Staying Sane in Family Law‘, available now through Bath Publishing. A former family solicitor and mediator with over a decade of experience in a central […]
Divorce and Disabled Children
Why the Child’s Needs Really Do Come First As we all know, section 25 of the Matrimonial Causes Act 1973 requires the court to give first consideration to the welfare of any child under 18. In practice, when a child has a disability, this principle takes on far greater weight than many separating parents initially […]
What will the inquiry into Child Maintenance Service mean for families?
MPs have launched a formal inquiry into the Child Maintenance Service (CMS), and its effectiveness in providing financial support to separated parents and their children. As part of the inquiry, the cross-party Work and Pensions Committee will consider proposals to abolish Direct Pay and instead opt in favour of a more streamlined Collect and Pay […]
Potanin Court of Appeal decision opens door to ‘limitless’ divorce tourism
The ongoing case of Potanin v Potanina has taken an ‘unexpected’ turn after the The Court of Appeal overturned a previous decision to dismiss an application for leave under Part III Matrimonial and Family Proceedings Act 1984 In its decision, the Court said Cohen J had ‘erred’ in dismissing Mrs Potanina’s application for leave, overturning […]
Pets as property; the growing recognition of pets in separation
In this episode of the Today’s Family Lawyer podcast, host David Opie discusses the increasing number of disputes between separating partners when it comes to pets, and a new working group looking at amending legislation to bring it more in line with the challenges family professionals face on this emotive topic. Barrister Sarah Lucy Cooper, […]
A new safe and free legal AI tool for everyone
The high court warned lawyers that relying on fake AI-generated citations, even unknowingly, could lead them to face serious professional consequences and risk a wasted costs order. While legal professionals can face severe sanctions when using AI inappropriately, the public should not be left exposed either when they are using AI to understand and resolve […]
The business of business – splitting luxury in celebrity divorces
The secret garden, the floristry masterpiece, the sparkling ring and the fairytale proposal. Taylor Swift and Travis Kelce’s engagement sparked joy among fans, as well as speculation on social media and in the press. But why has this event caused such a flurry of interest among family law professionals? There are several key elements of […]
Hidden wealth in divorce and the rise of crypto
Cryptocurrency is no longer an outlier in financial remedy proceedings. Increasingly, digital assets form part of high-net-worth divorce settlements, yet the law and disclosure processes have not kept pace with the complexities these cases present. For family lawyers, this creates a growing need to balance client expectations with practical limitations, while developing strategies to manage […]