While this is a promising direction, the sheer volume of reports involved indicates that tackling domestic abuse remains a very serious issue, with almost 75% of cases involving male-on-female violence.

Motions like the Domestic Violence Disclosure Scheme have helped some victims avoid potential harm. However, newly introduced measures may offer domestic abuse victims some relief that may prevent further instances from occurring in the future. But what are these measures, and will they prove to be a truly useful tool in the fight against such crimes?

If you or someone you know has been a victim of domestic abuse, St Helens Law is here for you. Our family law solicitors in St Helens can offer actionable advice to keep you safe from further harm while exploring all legal options available to you, so you always have experts and statutory agencies on your side.

Get in touch with our team today to discuss your situation, or keep reading to learn more.

New domestic abuse measures

In November 2024, Labour introduced two new measures designed to protect victims of domestic abuse and to limit the ability of those accused to cause further harm: Domestic Abuse Protection Notices and Domestic Abuse Protection Orders.

Beginning on a smaller scale, in parts of Greater Manchester and London, the scheme will eventually be rolled out on a national basis, possibly by the end of 2025.

While they sound similar, they are used consecutively by police officers to provide the most stringent protection possible.

In both of the following instances, the measures are designed to protect not just victims of physical violence, but also psychological violence, controlling or coercive behaviour, economic abuse, stalking and similar domestic abuse-related issues.

What is a Domestic Abuse Protection Notice?

A Domestic Abuse Protection Notice (DAPN) can be issued by a police officer when they have reasonable suspicion that someone has been the victim of domestic abuse.

If issued, the terms of the DAPN contain specific instructions that demand the proposed perpetrator does not contact the victim in any way, shape or form, and must keep a specified distance away from them.

Failure to keep to the terms of the DAPN can result in further criminal charges.

However, not every instance of domestic abuse can take advantage of such notices. The perpetrator must be eighteen years old and the victim must be at least sixteen years old.

On top of this, the alleged crime needs to meet certain parameters, as outlined by the Domestic Abuse Commissioner and the Domestic Abuse Act 2021:

• The perpetrator and accuser must be known to each other intimately, or are/ have been engaged, married or in a civil partnership.
• They share, or have shared, parental responsibility for a child.
• They are related. 

Once a DAPN has been handed out, it is legally binding for 48 hours. During this time, if they wish to impose further protections, the police must apply for a Domestic Abuse Protection Order to replace it.

What is the Domestic Abuse Protection Order?

A Domestic Abuse Protection Order (DAPO) is a direct extension of a DAPN. Essentially, any restrictions that have been placed upon the perpetrator are extended for a period deemed reasonable by a judge.

In other words, there is no maximum or minimum length a DAPO can be in place, which is one of its advantages over previous legislation in which a measure could expire quickly; The judge will examine the case and impose the DAPO depending on the severity of the case, to keep victims safe for the longest time possible.

Interestingly, it does not need to be a police officer or local authorities that request a DAPO. It can be done by a friend, relative, or someone completely uninvolved with the situation – this increases the chances of protective measures being made by offering more people, regardless of their occupation or relationship with the victim, the chance to voice their concerns.

If you or someone you know is in imminent danger from someone else, a DAPO could be the right move. Speak to St Helens Law today for more information.

What is Raneem’s Law?

There’s a strong argument that these new measures are a direct evolution of Raneem’s Law, and the circumstances surrounding the law’s creation.

In August 2018, Raneem Oudeh and her mother were murdered by Raneem’s ex-husband. Leading up to the incident, thirteen reports were made to police with concerns over Raneem’s safety.

More worryingly, Raneem called emergency services four times on the night she and her mother were killed, but police did not arrive in time to prevent their deaths.

As a result, domestic abuse specialists have been deployed in several 999 call centres across the country, with the possibility of expanding the step nationwide.

With DAPO and DAPN rulings in place, similar instances in the future can hopefully be avoided, with more vigorous restrictions in place and a greater focus on the danger levels posed by domestic abusers.

Explore domestic abuse support at St Helens Law

Have you or someone you know been a victim of domestic violence? If you wish to explore the options available to you to ensure your safety, speak to St Helens Law.

Our team of family law solicitors in St Helens are well-equipped to offer you the correct guidance, so you can begin to live your life free from the threats of a current or former abuser.

Alternatively, if your case concerns a longstanding family matter, we’re also able to help and can offer a deeper understanding of the family courts, even if a criminal offence has been committed.

For more information on this new domestic abuse bill, how domestic abuse offenders are handled in the criminal courts, and the best ways to protect yourself, get in touch with a member of the team today.

The post What New Domestic Violence Laws Have Been Introduced? appeared first on St Helens Law.

But while prenups can seem like a logical option for those seeking to protect their assets, are they the ironclad solution they’re made out to be? The answer may surprise you.

At St Helens Law, our family solicitors in St Helens have vast and varied experience in prenups and are ideally placed to help you know the ins and outs of such agreements, so you can make an educated decision that could prove essential later in life.

So if you’ve been asking yourself, ‘Is a prenup legally binding?’, UK readers should explore the information below.

What is a prenup?

Simply put, a prenuptial agreement – or a ‘prenup’ – is an agreement entered into by a couple before they get married, which outlines how assets will be divided if they separate. You can also enter into a prenup if you’re planning on a civil partnership, rather than a marriage.

While it is commonly assumed prenups only apply to those with considerable wealth, this is not true. A prenup can be for anyone who wants a clear picture of what will happen to cash and assets in the event of a divorce, no matter their net worth.

What are the requirements for a prenup?

A prenup can have a significant sway on the financial livelihood of those involved. This is why prenups need to be entered into under specific circumstances that guarantee fairness and transparency:

• A formal document (usually created by a solicitor) must be approved and signed by both parties of their own free will.
• Independent legal advice must be given to both parties. If they have not received legal advice, the prenup may not be upheld.
• There must be a full financial disclosure and an honest account of assets and liabilities on both sides without hiding anything.
• The agreement must be signed at least 28 days before the wedding day, to avoid last-minute pressures.
• The terms agreed must be fair and balanced for both parties.

As long as the couple are on the same page as to what assets move where in the event of a separation, they should be able to reach terms on an appropriate financial settlement that benefits them both.

For more information on the specifics of prenuptial agreements, speak to a member of the team today.

Can you get a prenup in the UK?

Yes, you can get a prenup in the UK, similarly to the United States and other countries.

However, the UK does differ slightly on the enforceability of prenups. In America, prenups are generally accepted and enforceable in most circumstances. In the UK, however, things work a little differently.

Is a prenup legally valid?

No, prenups are not always legally valid in the UK. While prenups can be accepted by a judge in the UK, ultimately, it is enforced at the judge’s discretion.

Should a divorce begin and a prenuptial agreement exists between the couple, the judge must determine whether or not the agreement offers fair terms for both parties. If everything appears balanced, there’s every reason the judge will abide by the prenup. But they’re not legally obligated to do so.

While this may make prenups sound like an ineffective solution, nothing could be further from the truth. Unless there’s specific reasoning why the judge would not enforce the prenup (more on this in a moment), generally, there should be no issues and assets should be protected in line with the terms. 

Can a prenup be overturned?

Yes. In 2010, the Supreme Court ruled that a prenup should not be automatically binding without guaranteeing fair financial arrangements for both parties in the circumstances prevailing. This means in the UK, a judge can decide to ignore the terms of a prenup, but will usually only do so under specific circumstances, which can include:

• A clear lack of fairness in how assets are being divided.
• Failure to meet the needs of those affected – for instance, if the other party’s financial situation would be less than favourable. This is especially important if children are involved.
• If hidden assets are discovered after the agreement was made.
• If there is evidence one party was the victim of undue influence.

Should any of the above be applicable, a judge may choose to either ignore the prenup entirely or alter the terms to ensure fairness based on the specific circumstances.

Can you get a prenup after marriage?

Technically, no. A prenup – ‘pre’ being the important part of the word – needs to be made before a couple is married.

However, there is a legal equivalent, known as a postnuptial agreement. Essentially, it works the same way as a prenup, the only difference being that the agreement has been entered into post-marriage.

Postnuptial agreements are a good way for married couples who have yet to consider the divisibility of their assets or financial resources, to specify what will happen should they separate. This not only offers clarity for both parties but can also give some peace of mind, knowing proceedings may not need to be as ‘messy’ as other separations, should this occur.

While not as common as prenups, postnuptial agreements are often entered into by couples when there has been a significant change in circumstances since the date of the wedding. This can include the introduction of children, the purchase of property or valuable assets, large inheritances and more.

If a postnuptial agreement sounds like it’s worth considering, St Helens Law is here for you. Speak to our experts today.

If you’re considering a prenup for a marriage or civil partnership, speak to St Helens Law

Whether you’re a couple that’s due to be wed, or you’ve been married for many years already, St Helens Law is here to help with all your prenuptial and postnuptial agreement needs.

Aligning with the correct solicitor in situations such as these is essential if you want to strengthen the enforceability and viability of your agreement, while ensuring it remains fair for everyone. That’s where we come in.

Our team of family law solicitors in St Helens are your ideal choice to offer specialist legal advice and put your marital agreement – whichever it may be – into motion, so you can rest easy knowing your beloved assets remain protected.

We can also help you further understand these qualifying nuptial agreements, and how they can be an important step in solidifying the financial positions of both you and your partner after separation.

To find out more, book an appointment with one of our marital agreements experts now.

The post Is a prenup legally binding in the UK? appeared first on St Helens Law.

But this amicable alternative does come with a bit of a catch.

As part of the new system, a new ‘cooling off’ period was also introduced. This is a mandatory 20-week wait – from the date of the application to the date when the conditional order is issued – in which the couple are expected to reflect on their relationship and agree on any practical matters. Following which, a further 6 weeks needs to pass before the final order is granted.

But what if you’re eager to press on? Is there any way this timeframe can be shortened, allowing you to part ways and move on with your lives more quickly?

Here we take a closer look.

Speeding up the no fault divorce process

Under historical legislation, the court had the power to reduce mandatory timeframes within divorce proceedings – including the 6 weeks between the Decree Nisi and Decree Absolut.

Divorce laws may have changed significantly, and no blame divorces may have been introduced. However, the court still retains this power. And in some circumstances, it is possible to expedite both the 20-week cooling off period and the 6-week wait between the conditional and final order.

How do we know this? Because it’s recently been done. Earlier this month, a national law firm announced that it had successfully applied to the court to shorten the 20-week window for its client – making it the first case of its kind.

Sadly, the client in question had life-limiting health issues. Any delays in the no fault divorce process would have been detrimental, and a quick divorce was deemed beneficial (and essential) for several reasons. Most notably, the client needed to know exactly what assets and income they had available to meet their challenging 24-hour care requirements.

As a result, an application was made to the court to abridge the mandatory 20-week wait.

The court approved the application and produced a conditional order much earlier than expected, just 10 weeks after the divorce application was submitted. If necessary, they also granted further permission to expedite the final order, too.  

It’s all about the circumstances

An expedition of the 20-week cooling off period is certainly possible…but it’s important to keep in mind, this is very rare. In the case study outlined above, the conditional order wasn’t granted at the drop of a hat. The court maintains the view that mandatory timeframes should only be shortened in exceptional circumstances.

Of course, each application is considered based on its own merits. However, there are only two common reasons why a judge would typically agree to reduce the wait time:

1. Illness – where one spouse or civil partner is terminally ill, or has a life-limiting illness, and there’s a chance the no fault divorce may not have concluded before their death.

2. The best interests of the child – for example, in circumstances where a baby is due to be born to one spouse or civil partner, and the parent wishes to remarry before the birth.

Think you have grounds to join the fast lane?

The reality is there’s no such as a ‘quickie divorce’.

For most people, a no fault divorce will take a minimum of 6 months from start to finish, made up of a 20-week cooling off period and a minimum of 6 weeks between the conditional order and final order. And it’s incredibly difficult to exploit this ‘expedition loophole’ to speed things up.

However, it isn’t impossible. If you believe you have ‘exceptional circumstances’, such as those highlighted above, and a court would consider it appropriate to shorten the mandatory timeframes, it’s worth applying.

Here at St Helens Law, we can help.

Our team of experienced family law solicitors are highly knowledgeable in this area. We always endeavour to make the no fault divorce process as smooth and efficient as possible. And wherever necessary, we’ll apply to the courts and do everything in our power to reduce the standard timeframes.

For tailored advice on no fault divorce law, the first step is to get in touch.

Arrange a free initial consultation by either filling out our online form or sending an email to info@sthelenslaw.co.uk. Or if you have any questions and would like to discuss your individual circumstances with our family law solicitors, you’re welcome to call us at any time on 01744 385171.

The post No fault divorce – do you really need to wait 20 weeks? appeared first on St Helens Law.

Realised that your relationship is, in fact, over?

You’re not the only one.

January is by far the busiest month of the year for divorces. Most law firms see an approximate 150% increase in enquiries throughout the month. And the first working day of the new year is often dubbed ‘National Divorce Day’ – as, typically, it’s when divorce solicitors tend to receive their highest number of calls.

If you’re one of the many hoping for a fresh ‘unmarried’ start in 2023, our family law team can help. Here we take a closer look at why it’s a popular time to part ways, and the next steps to take.

Why are couples more likely to split up in January?

Reason #1 – Christmas is a ‘make or break’ moment

It’s the most magical time of the year – right?

Maybe not for everyone.

Whilst many see the festive period as a chance to spend quality time with family, in a recent survey, one in five divorced couples said it was the hardest time of the year for their relationship.

Tensions can intensify. Finances can be strained. There’s a lot of pressure to socialise and meet with extended family. Add social media to the mix, with photos of so-called ‘perfect’ families enjoying the ‘perfect’ Christmas, and it’s easy to understand how it can push couples to breaking point.

For those already unhappy in their marriage, it can be a very testing time – one that highlights any existing issues in the relationship and flushes out any hidden and uncommunicated hostilities.

Reason #2 – The reality of January

Couples are more motivated to make their marriage work over the festive period. At the very least, they tend to stick together and hope for the best – particularly when children are involved.

After all, who wants to be the Grinch who stole Christmas and replaced it with a big fat legal document?

Most people will choose to delay divorce proceedings until after the celebrations, allowing their family to have ‘one last Christmas’ before they hit the nuclear button. And no matter how hard you’ve tried to get along throughout December, in the cold light of January, the reality of the situation can set in once again – as the same issues and doubts begin to resurface.

Reason #3 – New year, new you

Perhaps you’ve had time to reflect over the festive period and think about what you really want? Or maybe you’ve been unhappy in your marriage for a while?

For most people, the new year is a milestone in the calendar – a chance for a fresh start. If you’ve been considering divorce for a while, the 1^st of January can feel like the ‘right’ time to contact a family law solicitor, begin proceedings and start to make positive changes in your life.

Ready to make that call?

Divorce is never a decision that should be taken lightly.

Before picking up the phone, ask yourself – is it a knee jerk reaction? Christmas can be a testing time for most couples. And it’s important not to let the stresses and strains of turkey dinners and gift buying cloud your judgement and bring your relationship to an unnecessary end.

However, if divorce is something you’ve been thinking about for a while – and the festive period was simply the breaking point – clear family law advice is essential. And we’re here to help.

At St Helens Law, we have a team of experienced family law solicitors.

Due to the recent introduction of the ‘no fault’ divorce, we’re expecting ‘Divorce Month’ to be bigger than ever this year. And we’re on hand and ready to guide you through the divorce process and ensure you achieve the best possible outcome.

To request a free initial consultation, simply fill out our online enquiry form. One of our divorce solicitors will be in touch within 48 hours with further information. Alternatively, if you have any questions, you’re always welcome to contact us – whether it be Divorce Day, Divorce Month… or any other time of the year! Just give us a call on 01744 385171.

The post Divorce Day 2023 – we’re here to help appeared first on St Helens Law.

Before filing for divorce, you must establish substantial reasoning for separation by stating at least one of the following causes for the breakdown of your marriage:

• Adultery
• Irrational behaviour
• Consented separation of up to 2 years
• Dissented separation of up to 5 years

Filing for divorce

When filing for a divorce you must complete form D8 and submit it to a regional divorce centre within a family court. This should outline your main reasons for making a divorce petition, as well as explain any provisions you intend to implement regarding children and finances.

In order to officially file the petition, you must pay the court £550.00 or – in certain circumstances – you may be eligible for an exemption, depending on your income or certain benefits you receive.

To complete the divorce petition, you must also file your marriage certificate along with it – which must be presented in English.

Acknowledgement of service

Once you have completed the D8 form and it has been processed, a copy will then be sent to your spouse along with an acknowledgement of service form, which must be completed and filed within 7 days.

This form confirms that your spouse has received the divorce petition and it will also state whether they agree with the conditions of the divorce. They can also confirm their agreement with the petition or offer their reasons for contesting.

In some instances, your partner may not respond, and the only way to continue with divorce proceedings is by instructing a court bailiff to personally hand your spouse the petition, which will forcibly establish their acknowledgement.

Decree Nisi

After acknowledgement of service has been established, the next step is to apply for decree nisi – a confirmation of the court’s corroboration to proceed with the divorce.

Following this confirmation, the judge will announce a pronouncement date, which enables you to apply for the final decree, 43 days after the issued date.

Decree Absolute

This is the final process involved in divorce proceedings. It is also the most important step, as the decree absolute officially confirms your legalised divorce.

Once the decree absolute application is filed, it will take around two weeks for your marriage to be legally dissolved.

How St Helens Law can help

If you are considering filing for divorce or require advice regarding acknowledgement of service, our experienced divorce solicitors will provide you with all the support you need to ensure divorce proceedings are as stress-free as possible.

Request your free consultation today or for further information on our divorce services contact us via email or call us on 01744 385171.

The post What Does The Divorce Procedure Involve? appeared first on St Helens Law.

Of course, divorce proceedings can be made much easier from the off by both parties agreeing to the split from the start and working together amicably to ensure that everything runs smoothly and quickly. A divorce does not need to go before the court if this is the case, though a hearing may be called at the court’s discretion if they believe that anything requires ironing out.

Speed and straightforwardness are always beneficial when it comes to a divorce, as it’s often the case that complications result in higher expenses and fees. But how much do divorces actually cost? Read on for more information.

The First Steps

The first thing you need to do once you’ve decided to go through with a divorce is to file a divorce petition. This needs to be signed by yourself and your partner in order for it to be considered – plus, if adultery is the reason behind your split, then the person with whom it has been committed may need to sign also. The total cost for filing this petition comes to £550.

You may also need to apply for a financial consent order. This usually costs between £50 and £100 and is a legal document in which the financial agreements you have set out together can be documented. However, if you are unable to come to an agreement on this subject, you may need to apply to the court to make decisions for you. You can do this by way of a financial order, which usually costs £255.

The Process

This is where expenses can vary between cases. Whatever your circumstances, it is definitely a good idea to hire a legal specialist to help you work through the details, from the division of finances, assets and property to child custody matters. Lawyer fees can vary hugely, with some offering fixed fee services while others tot up the cost of their involvement bit by bit. According to the Independent, as of January 2018, the average couple spends over £14,500 on legal assistance as part of a divorce. Of course, on occasions where divorces have had to go to court, these fees keep rising – along with the other unique costs involved in a legal battle. Exact expenses depend on the complexity of the case – for example, whether the court will need to help you come to a decision about more than one property or the custody of children.

The cost of taking a case to court starts from a fixed application fee of £385 and rises from there. It could reach up to £40,000 or higher for those based in London. Divorces in Scotland and Northern Ireland involve different processes, and so costs often differ from those taking place in England.

Other Options

There are options such as “DIY” divorces which keep costs down, but can be risky as failing to invest in proper legal representation can see one party losing out or falling victim to an unfair settlement. You could also choose mediation, where a legal specialist sits down with you and your family and talks through your options, helping you to communicate properly and working towards a solution that is fair to everyone. This tends to be a cheaper and less stressful alternative to taking the matter to court and, in fact, you may be recommended by officials to attend mediation sessions as part of divorce proceedings anyway.

Financial Help

If you earn under £15,000 a year, the court may be willing to waive divorce fees under a special exemption scheme. The same applies if you are on certain benefits, so it’s definitely worth looking into these options for your peace of mind and to help you avoid significant expenses.

What Now?

The best way to save money and to ensure the best outcome for your divorce is to make contact with a trustworthy and affordable legal specialist. Leading solicitors firm, St Helens Law, can look back over almost twenty years’ worth of experience within family law and will be able to support you throughout the process with sensitivity and strength. Check out our Family Law FAQs page for more information and call us today on 01744 385171 for a free consultation.

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