At St Helens Law, our family law team have handled many domestic violence cases, helping people in need acquire a non-molestation order to keep them and their children safe.

Continue reading this in-depth guide to find out more about non-molestation orders and how you can apply for one.

What is a non-molestation order?

A non-molestation order is a type of injunction issued by a family court in England and Wales. It prohibits a person from harassing, pestering, or using violence against another person or their children.

The order can also ban the respondent from contacting you directly or indirectly, or coming near your place of work or home.

So, how does it work? The non-molestation order is applied for through the family court under the Family Law Act 1996. It can be granted without the other party present in some urgent cases. They typically last between 6 and 12 months, but can be extended if needed.

If the respondent breaches the order, this is classed as a criminal offence and can carry up to five years in prison.

Who can apply for a non-molestation order?

Under the Family Law Act 1996, a person can apply for a non-molestation order if they’re associated with the respondent. This covers a wide range of relationships, such as spouses and civil partners, cohabitants (living together as a couple), parents and children, and siblings and other relatives.

Children can be named in an order for their own protection, and a parent or guardian can apply on their behalf. In some cases, the family court can make an order of its own motion.

In some cases, a third party (like a local authority) can apply on someone else’s behalf if that person lacks the capacity to apply themselves.

Grounds for a non-molestation order

To obtain a non-molestation order, the family court must be satisfied that the order is necessary for the protection of an individual or of a relevant child.

When a non-molestation order is applied for, the court will consider:

• The nature and history of the accused’s behaviour
• The impact on the applicant and their children
• Whether the behaviour is likely to continue or escalate
• The need for protection moving forward

While there is no strict legal definition, the court interprets molestation broadly. It can include:

• Physical violence or threats of violence
• Harassment or intimidation
• Pestering (repeated unwanted calls and/or messages)
• Stalking
• Damaging property
• Psychological or emotional abuse
• Coercive or controlling behaviour
• Threatening or abusive behaviour via social media

How to apply for a non-molestation order

Applications for a non-molestation order are made to the family court under the Family Law Act 1996. The applicant files a Form FL401 along with a supporting witness statement setting out the history of behaviour and why the order is required.

The court will then decide whether to list a hearing or, in urgent cases, deal with the application immediately.

There are also a couple of different ways to apply for a non-molestation order.

Without notice applications (ex parte)

A without notice application – ex parte – is made without informing the respondent. The court can grant an order the same day, sometimes within hours.

This type of application is used when there is an immediate risk of harm or a risk that the respondent will evade service.

If granted, a return hearing is then listed. This is usually within 14 days, and gives the respondent a chance to attend and challenge the order. 

The applicant must give full and frank disclosure to the court for without notice applications, including anything that may favour the respondent.

Applying with a solicitor vs applying yourself

You can apply for a non-molestation order either with the help of a solicitor or without.

When applying with a solicitor, they will:

• Advise on the strength of the application and whether the threshold is met
• Draft the FL401 and witness statement
• File the application and liaise with the court
• Represent the applicant at any hearings
• Advise on related matters such as occupation order or child arrangements

You can also apply without a solicitor. The process involves:

• Obtaining and completing Form FL401 (available from court or gov.uk)
• Writing a supporting witness statement
• Filing the forms at the local family court (in person or by post; some courts accept email)
• Attending any hearings without legal representation

How long does a non-molestation order last?

A non-molestation order can be made for a specified period or until further order of the court. In practice, most orders are made for 12 months.

The family court can grant shorter or longer periods depending on the circumstances, and there is no maximum statutory duration.

Either party can apply to the court to vary or discharge the order before it expires. The applicant can also apply to extend it by filing a further application.

The court can make an order ‘until further order’, which means it has no fixed end date and remains in force unless one party applies to have it varied or discharged. This is common in cases involving serious or prolonged abuse.

What happens when the order is served?

Once granted, the order must be served on the respondent before it becomes enforceable. Until service takes place, the respondent cannot be held in breach.

The court will serve the order by personal service, which means it’s handed directly to the respondent by a court bailiff or process server. A solicitor acting for the applicant can also arrange a personal service.

The respondent must be given a copy of the full order, including any power of arrest attached. The proof of service is then filed with the court. This is usually a certificate or statement confirming the delivery.

Power of arrest

If the court includes a power of arrest in the order, a copy is sent to the relevant police station. This means the police can arrest the respondent without a warrant if they have reasonable cause to believe the order has been breached.

Once arrested, the person must be brought before a judge within 24 hours.

Breaching a non-molestation order

A breach of a non-molestation order is a criminal offence under s.42A Family Law Act 1996. The respondent can face a range of punishments, including:

• Arrest
• Prosecution in the criminal courts
• Up to five years’ imprisonment and/or an unlimited fine

Alternatively, the applicant can apply to the family court to commit the respondent for contempt of court.

Non-molestation order vs occupation order vs restraining order

While non-molestation orders, occupation orders and restraining orders can all be used to protect victims of abuse or harassment, they serve different purposes and are obtained through different routes.

The table below sets out the key differences.

How much does a non-molestation order cost?

Applying for a non-molestation order is free. There is no court fee for filing the application.

The cost only comes into play when solicitors are hired. For those who choose to instruct a solicitor privately, costs can vary depending on:

• The case’s complexity
• Whether the application is contested
• The solicitor’s hourly rate and location

An uncontested application handled by a solicitor may cost from £1000. A contested application can cost more, potentially starting from around £3000.

Legal aid

Legal aid is available for non-molestation orders, regardless of the applicant’s income. This is one of the few areas of family law where the usual means and merits tests do not apply in the standard way.

Where legal aid is granted, the applicant pays nothing or very little for legal representation.

Talk to St Helens Law’s family law team

If you or your children need protection from harassment, abuse, or unwanted contact, St Helens Law’s family law team is here to help. We can advise you on whether a non-molestation order is the right step, guide you through the application process, and represent you in court.

We offer a free initial consultation so you can get clear, honest advice with no obligation. Legal aid is available for most non-molestation order applications, meaning cost doesn’t need to be a barrier.
Call us today on 01744 385171 or enquire online to speak to a member of our family law team.

The post Non-molestation orders: What are they and how to apply? appeared first on St Helens Law.

While the number of divorces has fallen slightly since the introduction of no-fault divorce in 2022, more couples are now turning to the courts to resolve disagreements about finances.

For many separating couples, the biggest challenge is no longer the decision to divorce itself – it is how to divide finances fairly in an increasingly uncertain economic climate.

Why are financial disputes increasing?

Several factors appear to be contributing to the rise in contested financial remedy cases.

1. Cost-of-living pressures

With rising housing costs, inflation, and economic uncertainty, couples are becoming more cautious about finalising financial settlements. Many want clear and legally binding arrangements before moving forward with their lives.

Even couples who initially attempt informal arrangements are increasingly returning to court later to secure a formal order, recognising that verbal agreements may not provide sufficient protection. 

2. Greater awareness of financial rights

People are becoming more aware that divorce does not automatically resolve financial matters. Without a financial order approved by the court, claims between spouses can remain open even after the divorce itself is finalised.

This has led many individuals to seek legal advice earlier in the separation process.

3. More complex financial arrangements

Modern family life often involves:

• Multiple properties
• Pensions and investments
• Family businesses
• Blended families

These complexities can make financial negotiations significantly more challenging without professional advice.

How a family solicitor at SHL Solicitors can help

While every family situation is different, seeking legal advice early can help individuals:

• Understand their financial rights and responsibilities
• Reach fair settlements without unnecessary conflict
• Protect assets and future financial security
• Ensure any agreement is legally binding and enforceable

In many cases, matters can be resolved through negotiation or mediation, avoiding the need for lengthy court proceedings.  As a firm, we can also offer a free initial consultation and fixed fees, where appropriate.

Final thoughts

Divorce is always challenging, but the current economic climate has made financial settlements more complicated than ever.

If you are considering separation or are already going through a divorce, obtaining clear legal advice can help ensure that financial arrangements are fair, practical, and provide certainty for the future.

The post Why Financial Disputes in Divorce Are Rising – and What Separating Couples Should Know appeared first on St Helens Law.

Depending on the circumstances, parallel parenting may be suggested by the court to ensure the fairest (and safest) outcome for everyone involved. And with research now suggesting that one in four divorce cases leans towards the ‘high conflict’ category, this may be the best course of action for your divorce if you’re experiencing something similar.

But what exactly is parallel parenting? And why has it become a more approachable topic in the last few years? If you’re planning a divorce and want to explore all the options available to you and your children, St Helens Law is here to help. We’re expert divorce lawyers with a proven track record of ensuring fair and reasonable separations.

Contact a member of the team today, or keep reading to learn more.

What is Parallel Parenting?

Parallel parenting is often referred to as the “business model” of parenting. In short, it eliminates unnecessary contact between parents who share custody of a child (or multiple children) as much as possible after separation/divorce, thereby minimising conflict.

This is where the “parallel” phrasing comes in; much like two lines running parallel to each other, the two parents in the arrangements do not need to cross paths.

While still uncommon compared to more traditional co-parenting arrangements, parallel parenting can be infinitely useful if the relationship between the two parents ended due to a conflict, criminal act, or if there is still simply bad blood between the two.

Signs You Need a Parallel Parenting Plan

Technically, any couple could opt for parallel parenting, but it is often reserved for more serious situations, including:

• Accusatory or inflammatory bickering
• Significantly different parenting styles, disagreements on major parenting decisions, and similar parental conflict
• Cultural or religious disagreements
• Histories of domestic abuse (including physical and/or psychological abuse)
• Past criminality of the co-parent that may have put the child at risk (such as alcohol abuse, drug taking, etc.)

In other words, if there is a significant rift between the two parents that places the health or well-being of the child in the spotlight and has the potential to “explode” should the two parents begin a dialogue again, you should consider a parallel parent alternative.

The Role of the UK Courts in Parallel Parenting for Separated Parents

When it comes to parallel parenting, UK courts are far more open-minded now than they ever were.

In the past, the emphasis has always been on creating a shared parenting system that benefits the rights of both parents as equally as possible. As you can expect, for any parent who loves their child, this would mean unavoidable contact with their former partner for supportive or even purely organisational and scheduling reasons.

However, today, UK courts recognise that it is not always in the best interest of the child to effectively “force” their parents to communicate, as this could lead to awkward, heated, or even violent outbursts.

What makes parallel parenting suitable in this instance is that it’s a system in which both parents have the chance to see and care for their children individually, without one parent needing to interact with the other.

Co-Parenting Apps: Leveraging Technology in Parallel Parenting

Once upon a time, it would have been almost impossible for separated or divorced parents to arrange proper parenting without the need to converse on some level. Thankfully, the digital age has welcomed the era of non-visual communications. Nowadays, you can complete tasks and share thoughts all at the touch of a button, without ever needing to “speak” to the other party.

This disconnect is amplified even further (and with good reason) with the introduction of court-approved apps that allow divorced parents to communicate effectively without ever going “off the rails.”

Many models feature inalterable messaging. This means that once a message has been sent, it cannot be changed, making it far more difficult to mount a defence with a judge if one party begins to use insulting or harassing language.

Another nifty feature of these apps is the “ToneMeter.” Using artificial intelligence, some apps can moderate chats based on perceived tone. If the AI feels the tone falls into a too-negative category, it will suggest a more pleasant and suitable alternative.

These apps can also feature shared timestamps that keep track of a person’s parenting time, GPS data, and integrated calendars that ensure connection between the two parents is limited as much as possible. They’re also home to more essential info, like the child’s medical history, important contact information, individual financial responsibilities, and legal resources.

You can even grant a solicitor or other mediator access to the app or export the data to produce court-ready reports, showing whether or not both parties are behaving and communicating appropriately for the sake of the child. Yes, these can be used in court. 

Explore Parallel Parenting and Family Law with St Helens Law

Remember: Reducing or cutting contact with your former partner is not about punishing them or your child. In some cases, it’s a perfectly reasonable option that helps you move forward in a more structured, less intense format of parenting that actively improves children’s lives.

If parallel parenting sounds like something you’d benefit from, or you feel your circumstances align with the parenting style, speak to us at St Helens Law.

We’ll connect you with one of our premier divorce solicitors who’ll listen to your story and guide you through the next steps with clarity and confidence, for the betterment of your family.

Speak to a member of the team today.

Related Resources:

Updating Your Will After Divorce

Family Law Solicitors St Helens

What New Domestic Violence Laws Have Been Introduced?

The post When Is Parallel Parenting the Best Option for Divorced Couples? appeared first on St Helens Law.

Sadly, this isn’t true in the slightest.

According to the Office for National Statistics, there are currently 3.6 million unmarried couples in the UK living together, many of whom have parental responsibilities. This makes them one of the fastest growing – if not the fastest growing – forms of family unit in the country. And given the lack of legal protection for these couples, it means that millions of people in the UK are at risk of significant financial fallout should the unthinkable happen.

If you fall into this category and are wondering what to do, St Helens Law is here to help. Our Family Law experts are home to comprehensive legal knowledge on this subject, and can guide you on the actions and processes that can help you and those you love, even if you remain unmarried. Speak to a member of the team now, or keep reading to learn more. 

What are the Legal Rights of Unmarried Couples Living Together?

The most important thing to remember is this:

In England and Wales, there is no such thing as “common law marriage”, and you do not have the same legal rights as married couples.

That means if you are not married to your partner, regardless of how long you’ve been together, you do not share the same rights as married couples. The only major laws that offer some protection come into play if you have children, as the welfare of the child is prioritised at all times. For instance, unmarried mothers automatically acquire parental responsibility when they are named on the birth certificate, thereby guaranteeing their right to make key decisions about the child’s life.

For unmarried partners, things may prove very difficult if your circumstances should change…

Unmarried Couples’ Property Rights: Why the Law Fails Cohabitants

This is one of the most common points of contention when unmarried couples split. The division of property is awkward at the best of times. But when you’re unmarried, things can go south very quickly unless you have the right protections in place. Here’s what you need to know:

For married couples: Assets are divided based on needs and fairness under the Matrimonial Causes Act, as the law views them as equally responsible for the marriage’s success and debt. In other words, after the specific needs of spouses and children have been accounted for, things are split on a “fairness” basis – often 50/50 for long marriages.

For cohabiting partners: Under current laws, unlike married couples, separation is treated as a breakdown of a business arrangement, governed by strict Property Law. In simple terms, when an unmarried couple ends their relationship, the law essentially pretends they were never a romantic family unit. Instead, it treats their separation like two people dissolving a commercial partnership, which can open a can of worms in terms of complications.

For instance, should you be living with your partner, and the house is solely owned in the other partner’s name, you will have no claim to the property whatsoever if you seperate, even if you’ve been together for decades. The only defence you may have is if you’re able to prove consistent financial contributions to the property, which is the only way to establish a beneficial interest under Trust Law. This is most often found in joint bank accounts, or even separate bank accounts, as long as you can show you contributed.

The Unseen Consequences of Separation in Unmarried Relationships

Beyond the obvious, when an unmarried couple separates, they could be opening themselves up to many points of contention if they’re not able to resolve things amicably. Including:

• No Automatic Share in the Family Home: You have no legal position to stay in the home or claim a share of the equity unless your name is already on the deeds, or you can definitively prove direct financial contributions (as described above). If the house is solely in your partner’s name, you can be forced to leave with nothing.
• No Right to Maintenance Payments: Your partner has no responsibility to provide ongoing support payments. The law does not account for the years you may have sacrificed your career for the family; once child maintenance (if applicable) is dealt with, your ex-partner has no further legal duty to you.
• No Automatic Inheritance Rights: If your partner dies without a valid Will (intestate), the laws of intestacy completely bypass you. As an unmarried partner, you do not automatically inherit anything; All assets pass automatically to their next of kin (children, parents, or siblings), leaving you with zero entitlement to their savings or estate.
• Cripplingly Expensive Court Battles: To reclaim even minor financial contributions or a share of the property, you must engage in complex and expensive legal action based on Trust Law. These court battles are often lengthy, emotionally draining, and notoriously difficult to win, the costs of which could even wipe out any financial sum you end up receiving.

How Cohabiting Couples Can Avoid Unwanted Stress

Parliament may eventually catch up and grant unmarried couples a set of standards to protect them in a similar fashion to married couples, and these discussions are ongoing. 

But, in the meantime, to offer yourself as much protection as possible should your relationship deteriorate, there are steps you can take – with the help of a good solicitor – that can offer clarity and peace of mind to all involved:

A Cohabitation Agreement

This is a binding contract that outlines how assets, property, debts and ongoing payments will be dealt with in the event of a separation. Think of it as a prenup for unmarried couples.

This is beneficial for numerous reasons. Firstly, it eliminates all doubt as to who owns what and who is responsible for what, which can often lead to nasty disagreements for couples with no such paperwork in place. Second, it all but eliminates the need for extensive court battles in the event of disagreements, as everything is already clearly divisible and set in stone.

Deed of Trust

This is a legal document used when an unmarried couple jointly buys a property, but makes unequal contributions to the purchase price, deposit, mortgage or renovations. Because the legal default for property purchases is 50/50 between joint tenants, the deed of trust overrides this to reflect each person’s contributions fairly.

Again, this can be hugely beneficial in the event of a separation, as it makes dividing equity much easier and clearly defines what portion of the property each person is entitled to, regardless of their feelings. It’s perfect for unmarried couples who pay differing amounts each month, or is commonly used for those who contribute differing amounts towards the initial deposit.

Take Control of Your Financial Security with a Reliable Family Law Solicitor

If you’re an unmarried couple and are concerned that any of the above could completely derail your life plans should you separate, or if you’re still in a happy relationship and want to give yourselves some added peace of mind, you should seek legal advice as soon as possible.

The experts at St Helens Law can examine your situation and produce the documents you need to enjoy the protection that’s been eluding you up until this point. With decades of combined experience among our staff, we’re able to advise the best course of action based on your specific circumstances.

Speak to a member of the St Helens Law team today.

The post Unmarried Couples’ Rights: The ‘Common Law Marriage’ Myth That Could Cost You Everything appeared first on St Helens Law.

When someone we love passes away, it is naturally a distressing time. This distress can be intensified when probate begins, whereby the deceased person’s estate must be distributed according to their will. 

Sadly, though, this isn’t always a smooth process, with countless variables that could lead to someone disputing a will or the results of probate.

If you believe the instructions of a will have not been followed in accordance with your loved one’s wishes, or in accordance with the law, you’re entitled to seek out a contentious probate solicitor.

At St Helens Law, we specialise in will and estate disputes, and can help you gain the clarity and justice you deserve in contentious probate issues, on behalf of those who are no longer with us. Speak to one of our expert solicitors today, or keep reading to learn more.

What is contentious probate?

Contentious probate (also known as probate litigation) is the act of challenging the way probate and the distribution of assets have been handled. Though the term can be applied to any legal disputes that arise in the wake of someone’s passing with regard to cash, assets and estates.

The most common element to be disputed is the will, in which someone – usually a family member – suggests the will is not valid (more on this in a moment) or that the assets have not been fairly distributed.

Contentious probate solicitors are probate specialists who work for you to gather evidence, advise on your legal rights, communicate with the parties involved, resolve disputes and negotiate on your behalf in estate administration. Should the issues remain unresolved, they can represent you in court, too.

You’re also able to raise a dispute if you feel you have not been adequately provided for in a person’s will, with no reasonable financial provision, or if you have been left out entirely and feel you have a rightful claim to the deceased’s estate. Because these cases relate directly to the Inheritance Act 1975, it’s essential to seek out specialist solicitors like us.

How can contentious probate solicitors help?

Here are just a few scenarios in which hiring the services of a contentious probate solicitor would be a wise move:

Challenging will validity and interpretations

As mentioned above, challenging the validity of a will is the most common reason probate is contested.

If you believe a will was made while someone was not of sound mind – for instance, the person may have been suffering from a mental or physical disability that impaired their judgement – you’re well within your rights to challenge it.

On top of this, if you feel the wording within a will is unclear or has been misinterpreted, this is also grounds for contesting it.

Undue influence concerns

A will must be made freely and without pressure from third parties. Unfortunately, this is not always the case, and someone may attempt to have a will changed in their favour.

During probate, if you feel someone has been unjustly awarded a large portion of an estate, or even the whole estate, and you are suspicious of the circumstances surrounding this decision, you should raise concerns.

Beneficiary disagreements and inheritance disputes

When there are multiple beneficiaries, there is always the potential for conflict when one party feels another should not have been named in a will, or should not have been awarded the level of assets they received.

Unsuitable executors

Executors are responsible for ensuring probate is followed per the deceased’s will. In most cases, the deceased party will have named someone they feel would act in their best interests.

However, whether through incompetence or acting for their own gain, executors are not always suitable for the task they’ve been given.

If you’re concerned that an executor is not acting responsibly through probate, and they are not willing to hand over responsibility to someone more appropriate, you should speak to a solicitor who will raise the issue officially with the probate registry.

Fraud and forgery claims

It may sound like something out of the movies, but there are instances where wills can be forged so that probate favours one or multiple individuals over others.

Contentious probate without a will

Contesting probate often involves the reading and interpretation of someone’s will, but what if the person in question left no will? This is where intestacy rules come into play.

This makes the situation even more complicated, as a family member or close friend will need to be assigned as an ‘administrator’ to the deceased’s assets in lieu of a will, which opens the floodgates to disputes before the dispersal of assets has even begun.

In these cases, you may believe the wrong person, or someone who does not have the best interests of the deceased at heart, may have been assigned administrator or is attempting to become the administrator. Or this process may have already been completed, and you wish to dispute how assets are or have been handled.

In either scenario, it’s the job of a contentious probate solicitor to help you.

How much does contentious probate cost?

Because every case is different, there is no boilerplate figure on what you can expect to pay to hire a contentious probate lawyer.

To find out more about the legal costs surrounding contentious wills and probate, and discuss your concerns in greater detail, give us a call today.

Need to make a contentious probate claim? St Helens Law is here for you

If any of the above is sounding familiar and you’re worried a loved one’s assets are or have been wrongfully distributed, rest assured that the specialist lawyers at St Helens Law understand just how much contentious probate matters.

With many years of experience dealing with wills, probate and contentious probate disputes arising as a result, we’re your ideal partner to offer practical advice and have such issues resolved swiftly in your favour. Even if court proceedings need to begin.

Whether you’re seeking rightful inheritance provision for family, wish to have alleged undue influence or trust disputes investigated, or are simply seeking the best legal advice in an inheritance claim, we’re the ones you need on your side.

To find out more, speak to the contentious probate team at St Helens Law today.

The post What Do Contentious Probate Solicitors Do? appeared first on St Helens Law.

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.

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Following the breakdown of a relationship, it’s one of the hardest decisions you’ll face. Especially as, in most cases, one parent will have to accept seeing their children less regularly than they’re used to – and it can be a huge upheaval for all the family.

Struggling to come to an agreement, parents sometimes assume their children can decide for themselves. But in the eyes of the law, it’s not quite as straightforward as that.

Here our family law solicitors explore the current legal guidance on child arrangements following a separation or divorce – including the appropriate age for children to have their say.

The official law on child arrangements

Legally, a child can’t choose where they live until they’re 16. This is unless a child arrangement order is already in place which states otherwise – sometimes extending it to 17 or 18.

Until then, those with parental responsibility for the child – typically their parents – should technically decide where they live. But in reality, it doesn’t always work that way.

There aren’t actually any set rules on this.

If you wish, you can allow your child to decide for themselves at any age. This is your choice as a parent. People often find that – from being very young – children express their own views about where they’d like to live. And as they get older, they may even start to ‘vote with their feet’, regardless of what you’d prefer or what the law says.

Whether the child in question is 4 years old or 14, the most important thing is that they feel listened to and understood. In an ideal world, separated parents should work together to listen to the child’s wishes and come to a solution that suits everyone.

What if you can’t reach a decision?

This is when things start to get a little more complicated.

When an agreement on child arrangements can’t be reached – between the parents or the parents and the child – this can lead to disputes and unrest within the family. So it’s important to seek the legal advice of a family law solicitor as soon as possible, who can explore the options available to you and help to resolve the matter efficiently and affably.

The two most common options include:

1. Mediation

Before starting court proceedings, most family law experts will recommend that you try an ‘alternative dispute resolution’ method first. In most cases, this will be mediation.

Essentially, this gives you and your ex-partner a chance to discuss childcare arrangements, whilst a specially trained ‘neutral’ mediator guides the conversation – ensuring it stays on track and amicable. And, hopefully, making it a bit easier to come to a mutual decision.

If you’d prefer, you don’t even have to be in the same room to have this discussion. You could opt for ‘shuttle mediation’, in which the mediator conveys messages from both sides.

Or, if you’re keen to involve your child in the decision, ‘child-inclusive mediation’ can be a great option. This gives children a voice and an opportunity to share their thoughts, without the pressure of being responsible for the final decision or feeling like they have to take sides.

A qualified mediator will arrange to meet with your child separately, to ascertain their views on the situation. Then, if the child gives permission, these views are shared by the mediator with you – as the parents – in a subsequent feedback meeting, to help inform your decision.

2. Court proceedings

Mediation is a highly effective method, with most parents finding they just need a neutral environment and cordial exchange of information to settle their differences. But if you’re still struggling to agree on child arrangements, the next step is to take it to the courtroom.

Here, a judge will make the final decision for you.

During court proceedings, your child’s wishes will be taken into consideration – although how much weight they carry will depend on their age and the specific circumstances.

Generally, if they’re aged 10 or over – and believed to fully understand the situation – their wishes and feelings may be used to influence the outcome. But this is just a guideline. The judge will also take into consideration the maturity of the child in question, and whether they’re likely to ‘vote with their feet’ if their wishes aren’t reflected in the Child Arrangement Order.

Aside from your child’s wishes and feelings, the judge is also required to consider a range of other factors, commonly referred to as the ‘welfare checklist’. These include:

• The child’s physical, emotional and educational needs.
• The likely effect on the child of any change in their circumstances.
• The child’s age, sex, background and any characteristics the court considers relevant.
• Any harm which they have suffered or are at risk of suffering.
• How capable the parents are of meeting their needs.

Ultimately, the child’s overall welfare will be the judge’s paramount consideration. And the final decision on child arrangements will always be made in the best interests of the child.

Need help with child arrangements?

Separations can be messy. Tensions are likely to be high, it can be an incredibly difficult path to navigate, and it’s important not to let your children get caught in the crossfire. So if you’re struggling to decide who they will live with, why not get in touch today?

Our family law solicitors are on hand and ready to help.

Experienced and knowledgeable in family law and disputes surrounding child arrangements, we can help to explore your options and reach a solution quickly and easily – whilst, crucially, keeping your child’s best interests at the heart of any decisions made or any action taken.

We appreciate that finding the right solicitor for your specific situation can feel overwhelming. Which is why, we offer an initial consultation free of charge – during which, we can discuss your circumstances and provide tailored legal advice on the best way for you to proceed.

To book yours, simply give us a call on 01744 385171.

Alternatively, you can submit the enquiry form at the top of this page. Or if you have any questions about mediation, child arrangement orders or how our family law solicitors could help, please don’t hesitate to send a message to info@sthelenslaw.co.uk. A member of the team will respond as soon as possible., send an email to info@sthelenslaw.co.uk and we’ll respond as soon as possible.

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But unfortunately, there are times when relationships deteriorate to such an extent – perhaps due to a separation or divorce, family dispute, or even death – that grandparents become alienated and distanced from their much-loved grandchildren.

Sound familiar?

We appreciate that it can be an upsetting and frustrating situation – and there’s no point sugarcoating the fact, that grandparents’ rights simply aren’t on the same level as Mum and Dad’s. But that doesn’t mean you should give up hope of spending time with your grandkids.

If you believe you’re being treated unfairly, there are several practical steps you can take, to help re-establish contact and secure your relationship for the future.

Here our family law solicitors outline the full legal process.

Do grandparents have a right to see their grandchildren?

In the complex framework of family law, the rights of grandparents are not always very clear, and you may have found conflicting information online. But in reality, it’s pretty straightforward.

Unlike parents, grandparents do not have automatic parental responsibility. Which means, they have no automatic legal right to see their grandchildren, demand contact (in person or otherwise) or make any decisions on their behalf.

However, they can try to get access via an informal arrangement or legal action.

Perhaps you’ve reached out to one or both parents on several occasions, but never get a response? Maybe you’ve tried to discuss the situation amicably? Attempted to reason with the parents? Suggested potential dates and times for you to meet up? All to no avail.

If so, here we outline some of your options and the next steps you could take.

The legal process for grandparents seeking access to their grandchildren

Step 1 – Attend a MIAM

Court proceedings can be long, emotionally draining and expensive. So before embarking on this route, it’s always worth trying to resolve the matter amicably – outside of the courtroom.

Perhaps an earnest chat would do the trick?

If not, grandparents can initially try to secure contact using alternative dispute resolution methods and attend a Mediation Information and Assessment Meeting (MIAM).

Essentially, this is an opportunity (for both you and the parents) to discuss the background and nature of your situation with an independent family mediator. The mediator then uses the information gathered to decide whether mediation is an ideal option for your family.

Step 2 – Try mediation

If deemed an appropriate course of action, mediation can then begin.

Depending on the complexity of the case, this will take place over a number of sessions – during which, the mediator will guide both parties through a series of amicable negotiations.

The aim is to (hopefully!) find a solution that works for everyone, reaching an ‘informal arrangement’ that allows the grandparents to see their grandchildren. The details of this arrangement (e.g. when, where, for how long etc.) can then be recorded in a formal document.

Step 3 – Seek permission to apply for a Child Arrangement Order

Mediation been unsuccessful?

If you’ve failed to reach an agreement informally, the next step is to involve the court.

Due to the limited legal rights of grandparents in the UK, unfortunately, you’re not automatically entitled to apply for a Child Arrangement Order (CAO). To do so, most people will need to apply for the permission of the family law court first.

The court will consider:

• the nature of the proposed application
• your connection with the child
• any risk of the proposed application disrupting the child’s life

Nine times out of ten, this is just a formality. As long as the court believes the application is genuine and in the best interests of the child, you’ll usually be given the green light to go ahead.

Step 4 – Apply for the CAO

Once permission is granted, you can then formally apply for a CAO.

This is done by completing a C100 application form.

A  CAO is a legal decree, which can stipulate where the child lives, how often they spend time with someone, and under what circumstances (e.g. in-person visits, telephone calls, etc.).

To decide whether or not to make this order, the child’s welfare is the primary concern. The court will only approve the application if they feel it would be beneficial for the child, and in their best interests to spend time with their grandparents. In addition, they’re also required to consider a range of factors, commonly referred to as the ‘welfare checklist’.

As set out by section 1(3) of the Children Act 1989, these include:

• The ascertainable wishes and feelings of the child concerned.

(considered in the light of their age and understanding)

• The child’s physical, emotional and educational needs.
• The likely effect on the child of any change in their circumstances.
• The child’s age, sex, background and any characteristics which the court considers relevant.
• Any harm which they have suffered or are at risk of suffering.
• How capable their parents are of meeting their needs.

What are your chances of success as a grandparent?

The UK family court operates on the principle that decisions should always be made in the best interests of the child. And recognising the value of family and the often-close bond between grandparents and grandchildren, they’re usually inclined to support contact.

This means they very rarely refuse a grandparent’s permission to apply for a CAO. And if contact is deemed beneficial – to the child’s physical, emotional and psychological well-being – they will grant the official order, outlining the full terms of the contract.

It’s also more likely for the CAO to be approved if you’ve played a significant role in the child’s life or if you have a strong pre-existing relationship with the child.

Of course, there’s always a possibility that one or both parents will object against your application – or appeal against the judge’s decision. If this happens, you may then have to attend a final hearing, in which both parties will be expected to give evidence. But again, the court will then make a final ruling based on what it feels is in the child’s best interests.

Speak to our family law solicitors today

Given the complexity of grandparents’ rights in the UK, and the sensitive nature of this type of issue, it’s important to seek the advice of an experienced family law solicitor – who can ensure you’re fully aware of your rights and the options available to you.

Here at St Helens Law, family law is one of our key specialist areas.

We’ve helped countless clients get to grips with the legal rights of grandparents and re-establish contact with their grandchildren – reaching an agreement that works for everyone involved, efficiently, smoothly and as amicably as possible. And we could do the same for you.

If you need help making arrangements for contact with your grandchildren, we have the skills, knowledge and experience and will work diligently to secure the best outcome.

An initial consultation with our family law solicitors is available free of charge. So why not get in touch today? To arrange a date and time that works for you, simply give us a call on 01744 385171 or fill out the online form at the top of this page. Alternatively, if you have any questions, send an email to info@sthelenslaw.co.uk and we’ll respond as soon as possible.

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Significant changes were made to the Family Procedure Rules (FPR), which aim to encourage parties to resolve their disputes away from the courtroom – by enhancing the court’s powers regarding non-court dispute resolution (NCDR).

It’s a pivotal shift. One that’s hoped will reduce delays, frustration and hardship for families, whilst also easing pressure on the overwhelmed court system.

Here we explain the changes in detail, including exactly what they mean for the individuals involved. And explore why, as specialist family law solicitors, we’re strong advocates for NCDR – and believe these latest updates are a step in the right direction for our clients.

What changes have been made to the FPR?

1. The definition of ‘non-court dispute resolution’ has been extended

From April 2024, the definition of NCDR was expanded to cover a variety of alternative dispute resolution (ADR) methods, including (but not limited to):

• Mediation

A neutral third party mediates a discussion between the opposing sides. This can include hybrid mediation (parties are supported by solicitors), shuttle mediation (parties do not have to be in the same room) and child-inclusive mediation.

• Arbitration

An independent expert is appointed, by the parties, to make a final and legally binding decision on the dispute (which cannot be contested in court).

• Collaborative family law

Involving a series of round table meetings.

• Evaluation by a neutral third party

This could include, for example, a private financial dispute resolution process. The parties appoint a judge themselves, who can assist with their conflict resolution and negotiation, but cannot impose a binding decision.

Compared to the previous definition of NCDR, which only named mediation, this new definition is intentionally non-exhaustive. As such, it emphasises the importance of exploring diverse avenues of dispute resolution – which move beyond the confines of court litigation.

• Parties must now be fully informed about NCDR

Whilst there has always been an obligation for parties to attend a Mediation Information and Assessment Meeting (MIAM), under these latest changes, MIAM providers are now mandated to inform their clients about all forms of NCDR that might be suitable for their case.

By law, they must provide comprehensive information on each option – outlining their main principles, processes and benefits – as well as details on how to proceed.

Some exceptions to this do apply – for example, cases of domestic abuse will still be able to bypass the requirement for a MIAM altogether. But generally, it’s hoped these changes will improve understanding of NCDR, reinforce its importance and encourage its use.

• NCDR must be continuously considered

Perhaps the most significant change implemented.

Rather than just considering NCDR before they start a case, parties are now obligated to revisit the idea throughout the entire legal process. They’ll also need to file a new form (FM5) with the court, which expresses their views on alternative methods of dispute resolution.

It’s hoped this will:

• encourage people to continuously evaluate whether NCDR is appropriate
• reinforce the judge’s duty to question whether NCDR should be tried throughout the case

Plus, the new form will allow the court to understand the parties’ thoughts towards NCDR – and, if needed, question why they’re opposed to alternative methods without good reason.

• Cases can be adjourned without party agreement

Previously, family law cases could only be adjourned if the parties agreed to NCDR.

Moving forward, however, the court will now be permitted to adjourn proceedings to facilitate alternative methods – without the explicit agreement of the parties involved. This is providing the ‘timetabling of proceedings allows sufficient time for these steps to be taken’.

The court still can’t force parties to engage in NCDR – but this provision is intended to incentivise active participation and discourage unjustified resistance. It’s also important to note, when a judge is considering whether to make a costs order (i.e. an instruction for you to pay part or all of the other party’s costs), they may take your conduct regarding NCDR into account.

A welcome change to family law

Those involved in a family law case will now face heightened scrutiny and potential repercussions for bypassing NCDR – especially without a justified reason. Which may seem a little harsh – but these latest changes will ensure court users, judges and family law solicitors all have alternative methods of conflict resolution at the forefront of their minds.

And in our opinion, that can only be a good thing.

Generally speaking, alternative dispute resolution methods have many benefits:

• Faster resolution – NCDR is often a much quicker process than going to court.
• Greater control – the parties involved can choose the most appropriate method for them, taking their relationship, legal fees and the complexity of the issue into consideration.
• Flexibility – parties have more control over the case’s timetable and progression.
• Less conflict – issues tend to be resolved much more amicably, helping to preserve the ongoing relationship between opposing parties. This is particularly important when children are involved.
• Lower costs – whilst NCDR shouldn’t be seen as a cheaper option, if a dispute can be resolved outside of court, the legal costs are usually reduced for both parties.

Here at St Helens Law, we have a team of family law solicitors with specialist knowledge and experience in NCDR techniques – including mediation, arbitration and more.

Whether you’re looking to resolve a dispute regarding children, wish to settle a conflict due to divorce, need to sort a prenuptial disagreement etc., we strive to use ADR methods as much as possible. And in most cases, we find that clients just need a neutral environment and cordial exchange of information to settle their differences.

Ultimately, however, our goal is to resolve the matter as quickly and smoothly as possible – reaching an agreement that suits everyone with minimal stress. Whether that be via the NCDR methods encouraged by these recent changes or through traditional court proceedings, we’re here to provide the support and guidance that you require.

So if you’re struggling with a family dispute, please don’t hesitate to get in touch.

To arrange an initial consultation with our alternative dispute resolution solicitors, simply give us a call on 01744 385171 or fill out the online form at the top of this page. Alternatively, if you have any questions, send an email to info@sthelenslaw.co.uk and we’ll respond as soon as possible.

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