Gill Laing

When you’re getting married, it can seem counter-intuitive to contemplate separation or divorce. Still, it is not uncommon for couples to plan for the possible breakdown of their relationship by way of a prenuptial agreement. But even without a prenup in place prior to marriage, an agreement can be reached at any point after the wedding so as to provide certainty of arrangements in the event of separation. These are called postnuptial agreements. The following guide looks in detail at postnuptial agreements, from what these are and when these might be used by a married couple to what a good…

In vitro fertilisation (IVF) has become one of the most revolutionary medical and scientific advancements of our time. IVF is the process of fertilisation that takes place outside of the human body with the embryo being returned to the body to be carried through to birth. While the treatment is not guaranteed to be successful, IVF has transformed the lives of millions, offering those with fertility issues the potential to conceive a child. However, there are many risks involved, both health-wise and in legal terms. If you are considering IVF or are already in the process of receiving IVF treatment, it…

A prenuptial agreement can help provide more clarity and certainty about how assets, funds and debts are dealt with after a couple divorces. Traditionally considered to be the preserve of the rich and famous, prenuptial agreements are becoming increasingly common as couples look to exert more control over their finances should they separate. Perhaps you own your own home, or have a substantial pension pot, or have children from a previous relationship that you want to benefit from your assets. In these cases, a prenuptial agreement could be a wise investment to help protect your interests and avoid an uncertain…

Ordinarily, commercial property landlords and business tenants should sign a written tenancy agreement setting out the terms of the lease. This provides certainty of both parties’ rights, obligations and clarity of how to resolve any disputes that may arise. It is not generally advisable to lease a commercial property without a written agreement. Issues typically arise when the landlord is looking to sell or take possession of the property and evict the tenant. Without a formal document in place, business tenants may only be able to rely on the limited rights and protections conferred by statute rather than potentially more…

The UK Government has announced visa changes that will prevent most international students from being able to bring family members with them to the UK as dependants. A joint statement issued by the Home Secretary, Suella Braverman, and Education Secretary, Michelle Keegan, on 23 May 2023 stated that the UK’s student dependent visa is to be restricted to close family members of those on research postgraduate programmes only. The statement said the new government restrictions “will cut net migration while protecting the economic benefits students bring to the UK.” The announcement comes as part of a range of changes the…

Where parents are separating, there can often be disagreement as to the custody or contact arrangements for their children. In these cases, a formal application may need to be made to the court by one parent for a Child Arrangement Order using Form C100. The following article to the C100 form looks at the nature of this form is and how it is used, providing practical guidance to making a Child Arrangement Order, and how the court can intervene to ensure that any custody and contact arrangements are in the best interests of the child. What is the C100 form?…

Surrogacy is an arrangement where a woman agrees to carry a baby for someone else, usually where that person is unable to conceive or carry a baby for themselves. Using a surrogate or agreeing to become a surrogate is a huge life decision, making it important for those involved to understand their legal rights before proceeding. The following article examines the legality of surrogacy arrangements in the UK, including the rights of surrogate parents and the surrogate themselves. We also look at the issue of payment and costs in the context of surrogacy, as well as the role of surrogacy…

A child arrangement order is a court order stipulating who has primary care of the child(ren), and the nature of any contact with the non-resident parent or wider family members. It is not uncommon for divorcing or separating parents to struggle to reach an agreement about child custody or contact, especially if the separation has been difficult. In circumstances where an agreement cannot be reached, one or both parents may apply to the court for a child arrangement order. This type of court order is usually made between private individuals, typically in cases where the parents or guardians cannot agree…

The role of a grandparent has become increasingly important in modern family life. When a family dispute comes in the way of that relationship, do grandparents have any rights to protect access to their grandchildren? Do grandparents have the right to see their grandchildren? The current legal positioning England and Wales is that only people with parental responsibility, typically parents, step-parents or guardians, have an automatic right to contact with their children. Unless you have parental responsibility for your grandchild(ren), do not have an automatic right to see them. If contact with your grandchildren is either at risk or is being denied,…

Divorce mediation can offer separating couples a quicker, more cost-effective and risk averse approach to dealing with child arrangement and financial orders. In this practical guide, we look at what’s involved in the divorce mediation process when deciding post-separation financial arrangements. What is divorce mediation? When you decide to divorce or end a civil partnership, you and your former spouse will need to agree how to separate your finances. This is because a divorce or dissolution of a civil partnership does not, of itself, end the financial obligations between former spouses or civil partners. You may be able to avoid…

When a married couple or civil partners separate, it is not uncommon for the financially weaker spouse or partner to seek regular payments from their ex to help with living costs. The following comprehensive guide to spousal maintenance for separating couples looks at the key aspects of this form of financial arrangement, from what this is and who is entitled to this type of maintenance, to whether someone can stop paying spousal maintenance. What is spousal maintenance? Spousal maintenance refers to regular, periodic payments from the wealthier spouse or civil partner to their ex, to help financially support that person…

If you have serious concerns about decisions being made in relation to your child’s upbringing, you may be able to apply for a Prohibited Steps Order (PSO). What is a Prohibited Steps Order? A Prohibited Steps Order is used to prevent someone from exercising their parental responsibility and taking specific action regarding a child. Under section 8 of the Children Act 1989, anyone with parental responsibility for a child can apply to the courts for a PSO against another party. PSOs are most commonly sought where parents of a child have separated or are in the process separating and one…

Trusts offer a way to protect and manage your assets both during your lifetime and after your death. Assets that can be put into trust include money, shares and investments, and property. But with so many different types of trust, how do you know which is best for your needs? What is a trust? Although there are many different types of trusts, they all consist of the same tri-partite fiduciary relationship between a settlor, trustee and beneficiary. The settlor is the person who puts their assets into the trust. For example, the settlors could be parents or grandparents wanting to…

So-called ‘no fault evictions’ are set to be abolished under new government plans aimed at tackling rogue landlords. The new Renters’ (Reform) Bill will eliminate the right to evict tenants without having to prove fault. Communities Secretary Michael Gove said the measure is aimed at a “minority” of landlords who mistreat their tenants, as he pledged to crackdown on “renegade” landlords. Under current laws, Section 21 notices allow landlords to evict tenants without having to establish any wrongdoing on the part of the tenant. This right is set to be abolished by the Renters’ (Reform) Bill, which is to be…

A declaration of trust is commonly used to define ownership rights in relation to a property where multiple parties have contributed to the purchase price. It acts a written record of the financial arrangement between the owners, outlining the proportion of the purchase price that each party paid and the conditions of the ongoing ownership. A declaration of trust should be used by individuals who are making a joint purchase or with the financial help of another party. The declaration of trust, also referred to as a deed of trust, also distinguishes between the legal owners, ie the individuals whose…

More and more couples are opting to sign a cohabitation agreement to provide clarity and certainty in the event of separation. A cohabitation agreement can help to avoid disagreements over who owns what and who owes what after relationship breakdown. Unmarried couples do not benefit from the same rights as their married counterparts – even where they have been cohabiting. Should a cohabiting couple’s relationship come to an end, dividing assets can become extremely complicated, adding to the difficulties of the situation. What is a cohabitation agreement? A cohabitation agreement (sometimes referred to as a ‘living together’ agreement or a…

The UK Government has announced it will not be proceeding with plans to ‘sunset’ provisions in the Retained EU Law (Revocation and Reform) (REUL) Bill. The REUL Bill was introduced under Liz Truss and Jacob Rees-Mogg with the intention of removing all EU legislation from the UK by the end of 2023. If enacted, the Bill would have repealed all retained EU law from UK statute books by December 2023, with the exception of those laws expressly retained. Retained EU law will now remain in effect in the UK unless the government expressly repeals or modifies it. In announcing the…

The rules of the road in the UK can be complex, from requirements around blind spots and bus stops to seat belts and speed limits. It is therefore not surprising that few of us are clear on the rules when it comes to what you can legally wear on your feet when driving. The following guide for motorists on the law on driving shoes looks at what the rules say on footwear restrictions, including the consequences of failing to drive in suitable footwear. What is the law on footwear while driving? There are no express requirements when it comes to…

If you have been involved in a motorcycle accident that was not your fault, and have suffered injury and losses as a result of this, you may be entitled to claim compensation. In some cases, especially if your injuries were serious enough for you to take time off work, a compensation claim could run into thousands. The following guide for claimants looks at the various aspects of motorcycle accident claims, from who can claim compensation and how much you could get, to how long this type of claim is likely to take to conclude. What is a motorcycle accident claim?…

With hundreds of road traffic accidents on UK roads each day, there are thousands of compensation claims being brought every year by innocent drivers, passenger, cyclists and pedestrians as the result of another road-user’s wrongdoing. Still, bringing a road traffic accident claim can be complex, with various legal, evidential and practical hurdles that must be cleared for each and every injury claim from car accident scenarios. The following guide for claimants looks at the various different aspects of road traffic accident claims, from what these are and who can make one, to the time limits involved. What is a road…