Family Law Archives - Beverley Morris

Family Money and Divorce: What Happens to Financial Help from Parents and Relatives?

Beverley Morris — Thu, 07 May 2026 08:48:31 +0000

For many couples in the UK, buying a home or establishing a stable financial life together would not be possible without some support from family. Whether that is a contribution towards a deposit, a lump sum to cover a significant expense or a pattern of regular financial help over the years, family money is a common feature of both marriages and cohabiting relationships.

What is less commonly understood is what happens to that money when the relationship ends.

How family financial contributions are treated in divorce or financial remedy proceedings is an area that regularly causes added friction between separating couples. One party may be certain that the money received was a gift with no expectation of repayment. The other may be equally certain it was always a loan that should reduce the assets available to divide. What ultimately matters, however, is how a court views the arrangement.

In this article, our Family Law solicitors look at the types of family financial help that most commonly arise in divorce proceedings and what separating couples need to understand about how these are approached.

What Counts as Family Financial Help?

Family financial assistance takes many forms. The most common include parental contributions towards a house deposit, one-off lump sums to assist with business costs or significant personal expenses during the marriage, ongoing financial support that helped to supplement household income, formal or informal loans, and grandparents covering school fees or similar costs on a continuing basis.

How a court would approach any of these depends heavily on the specific circumstances and whether any documentation exists.

Was the Money a Gift or a Loan?

This is where matters tend to become more complex. If money were received as a genuine gift with no expectation of repayment, it would generally form part of the matrimonial pot and be available for division alongside other assets. If it were a genuine loan, it would be treated as a liability, reducing the total assets available to divide.

In practice, many family financial arrangements sit somewhere between these two positions which is what can make them so difficult to resolve. Support from parents is often given out of a genuine desire to help, without any formal agreement being drawn up and without any real consideration of what would happen if the relationship were to break down.

The absence of paperwork or repayment demands does not automatically make something a gift. The court will consider a number of factors. These include whether any documentation accompanied the payment, whether repayments were ever made or requested and whether it is realistic to expect that the family member would actually pursue repayment. If the arrangement was genuinely informal and no real expectation of repayment was ever established, a court will often treat the contribution as a ‘soft loan’ that carries little weight in the final calculation.

What If the Money Was Specifically Given to One Party?

Where a contribution was clearly intended for one party, for example through an inheritance, there may be an argument that it retains a non-matrimonial character, particularly in shorter marriages. In a longer marriage, where finances become more integrated over time, the position can be more complex. Courts may consider whether the money was kept separate or pooled with shared finances and whether both parties treated it as a shared resource in practice.

Does the Timing of the Contribution Matter?

Timing can be a relevant factor in a dispute, although it is not the only factor.

Money given before the couple married, for example a deposit contribution made by parents before the property was purchased, may carry a stronger basis for being treated as originally non-matrimonial. Even if this can be proved, it does not automatically mean it is ringfenced from division but it can be a relevant consideration, particularly in a longer marriage where the overall financial picture is more complex.

If money is received during the marriage, it is more likely to be treated as part of shared matrimonial assets unless there is clear evidence that it was earmarked for a specific purpose or that repayment was always genuinely expected.

Are Contributions to School Fees Treated Differently?

Grandparents often contribute towards a child’s school fees, but these payments are often misunderstood in the context of divorce proceedings. Courts would not typically treat such contributions as a debt that reduces the matrimonial pot, particularly where there is no formal loan agreement and no realistic expectation of repayment. Another question that may arise at the point of separation concerns who will continue to pay ongoing school fees. However, past contributions from relatives are unlikely to be treated as a liability in the same way as a commercial loan would be.

Practical Steps If Family Contributions Are in Dispute

If family financial contributions are being disputed as part of your separation, the following steps are worth considering.

Assemble as much relevant documentation as you can. This includes separate or joint bank statements showing money transfers, any written communications about the purpose of the money or any repayment terms, and any loan agreements, however informal.
Courts are experienced in distinguishing genuine loans from claims that arise after a relationship has broken down so be realistic about what you are able to establish. If repayment was genuinely not expected or ever requested during the marriage, it may be difficult to maintain that position in proceedings.
Seek early specialist legal advice and consider your options regarding family mediation. This is a complex area of law and the outcome can have significant implications for your overall financial settlement. Understanding how a court is likely to approach your particular circumstances gives you a much sounder basis for making decisions. You can also read our recent guide to family mediation, and how to get the most out of the process, for more helpful information.

How Beverley Morris & Co. Can Help

At Beverley Morris & Co., our Family Law team has considerable experience advising clients on financial remedy proceedings including cases where family contributions form part of the financial picture. Our team can advise on all family law matters including divorce, children and financial disputes, helping couples decide on the best way to proceed.

We understand the sensitivity of family law matters and offer a personal and practical approach. Our experienced family law solicitors will ensure that you receive caring, confidential advice, tailored to your unique legal matter.

Our Head of Family Law is Saba Ansari, a highly experienced Family Law Solicitor who has received many five-star reviews from her clients. She specialises in all aspects of matrimonial matters, including divorce, financial remedies, private law children cases, domestic abuse, unmarried couples and all types of family law agreements. She is extremely knowledgeable and robust, but at the same time she is caring and sympathetic, fully understanding the challenges that face her clients upon a relationship breakdown. Saba offers clear advice and total transparency as regards the costs involved in the legal process.

For more information, or to speak to one of the team, call 020 8852 4433 or email enquiries@beverleymorris.co.uk.

Alternatively, click here to arrange a call back.

This blog post is not intended to be taken as advice or acted upon. If you are seeking legal advice, please contact our team of solicitors.

Read some of our previous blogs for related information:

Frequently Asked Questions About Parental Responsibility

How a Solicitor Helps with Divorce

The post Family Money and Divorce: What Happens to Financial Help from Parents and Relatives? appeared first on Beverley Morris.

Financial Settlement and Divorce – Frequently Asked Questions for Separating Couples

Beverley Morris — Wed, 01 Apr 2026 14:45:32 +0000

When you marry or enter into a civil partnership, you do not expect it to end. Unfortunately, separation is a reality for many couples. Even when a separation is amicable, agreeing the division of assets and any future financial responsibility can be amongst the most challenging and stressful aspects of the process.

In this guide, our family law team answer some of the most common questions about financial settlement following divorce.

What is a financial settlement?

A financial settlement is a formal, legally binding agreement that sets out how your finances will be divided when your marriage or civil partnership ends. There are no set obligations on what it should include but typically it covers matters such as:

jointly owned property (including the family home)
savings and investments
pensions
business interests
debts and liabilities
ongoing financial support including spousal maintenance.

Where children are involved, arrangements for ongoing financial support may also form part of the wider discussion. If you are unable to reach agreement as to the financial support for your children, you may be able to claim child maintenance through the Child Maintenance Service.

Do you need a financial settlement agreement to get divorced?

No, under the no-fault divorce system in England and Wales, your divorce or dissolution of a civil partnership can be finalised without resolving financial matters first. However, this is not recommended.

Without formalising a financial agreement with a legally binding financial order (usually a consent order), either party may still make a financial claim against the other in the future. This is even after the Final Order (previously called the Decree Absolute) has been granted.

Once agreement has been reached, your solicitor will ensure that the consent order is correctly drafted and submit it to the court for approval. This usually takes place after the Conditional Order stage of the no-fault divorce process (previously called the Decree Nisi). It ensures that upon the granting of the Final Order, the agreement is legally binding so as provide long-term financial certainty.

Will we need to go to court?

Not necessarily. Many couples can reach agreement through negotiation, solicitor led discussions or family mediation. Opting for these alternative dispute resolution methods rather than litigation offers several advantages. Fighting an ex-partner in court is stressful for everyone concerned. It can be time-consuming, traumatic and expensive. However, if you are unable to reach agreement by alternative means or in more complex situations, you may need to apply to the court for a financial remedy order (previously referred to as Ancillary Relief). This involves a legal process in which the court makes decisions on matters related to how your assets should be divided and your ongoing financial responsibility or support. Please read our previous guide about making family mediation work.

How long does a financial settlement take?

There is no fixed time frame on how long a financial settlement will take since every case is different and unique to the parties’ circumstances. How long it will take depends on various factors, including:

the complexity of your financial situation, for example, whether assets such as a business, pensions or multiple properties are involved and
how amicable the separation is, including how cooperative the parties are.

In straightforward cases where the parties are not in dispute, an agreement can often be reached within a few months. More complex or disputed matters can take much longer, even several years, to resolve.

Are assets always divided equally?

Not always. Whilst splitting matrimonial assets equally (50/50) can be a starting point, the court’s primary focus is fairness. Under Section 25 of the Matrimonial Causes Act 1973 (the Act), the Court considers factors including:

the financial needs, obligations and responsibilities which each of the parties to the marriage or civil partnership has or is likely to have in the foreseeable future;
the standard of living enjoyed by the family before the breakdown of the marriage or civil partnership;
the age of each party to the marriage and the duration of the marriage or civil partnership;
any physical or mental disability of either of the parties to the marriage or civil partnership;
the contributions made by each of the parties to the welfare of the family including any contribution made by looking after the home or caring for children;
in the case of proceedings for divorce or nullity of marriage or civil partnership, the value to either of the parties to the marriage or civil partnership of any benefit (for example, a pension) which, by reason of the dissolution or annulment of the marriage or civil partnership, that party will lose the chance of acquiring.

Where children are involved, the court may also consider:

whether a party assumed responsibility for the child’s maintenance and, if so, the extent to which and the basis upon which that party assumed such responsibility and the length of time for which that party discharged such responsibility;
whether, in assuming and discharging such responsibility, that party did so knowing that the child was not his or her own;
the liability of any other person to maintain the child.

Where there are stepchildren involved, the court will also consider matters such as:

whether a party assumed responsibility for the child’s maintenance and, if so, the extent to which and the basis upon which that party assumed such responsibility and the length of time for which that party discharged such responsibility;
whether, in assuming and discharging such responsibility, that party did so knowing that the child was not his or her own;
the liability of any other person to maintain the child.

What about children, pets and parental responsibilit?

Agreeing on financial arrangements often goes hand in hand with wider family considerations. For example:-

Child arrangements and the parental responsibility of one or both parents can influence a financial outcome. Please read our parental responsibility FAQs for more information.
Even family pets can become part of the discussion and be included in the agreement. Read more about this in our guide on what happens to pets during a divorce.

Do I need to use a solicitor?

Whilst it is possible to reach agreement independently, obtaining guidance from an experienced legal professional ensures that:

your rights are protected
any agreement is fair and workable and
the final arrangement is legally binding.

A solicitor can also help avoid costly disputes and delays.

For more information on how legal support can help, see our guide on how a solicitor helps with divorce.

Need our help regarding a Financial Divorce Settlement?

Family Law Solicitors Blackheath

At Beverley Morris & Co., we can advise on all family law matters including divorce, children and financial disputes, helping couples decide on the best way to proceed.

Our Head of Family Law is Saba Ansari, a highly experienced Family Law Solicitor who has received many five-star reviews from her clients. She specialises in all types of matrimonial matters including divorce, financial remedies, private law children cases, cohabitation agreements for unmarried couples, pre-nuptial and post-nuptial agreements. She is extremely knowledgeable and robust but at the same time caring and sympathetic, fully understanding the challenges that face her clients upon a relationship breakdown. Saba offers clear advice and total transparency as regards the costs involved in the legal process.

For more information, or to speak to one of the team, call 020 8852 4433 or email enquiries@beverleymorris.co.uk.

Alternatively, click here to arrange a call back.

Our Other Legal Services

When going through a family law issue, we realise there may be other matters you would like to discuss with us. Should you require it, our legal teams can ensure you get all the advice and guidance you need concerning other legal matters including conveyancing, business law matters, and estate planning.

The post Financial Settlement and Divorce – Frequently Asked Questions for Separating Couples appeared first on Beverley Morris.

Property Ownership Disputes for Unmarried Couples: Frequently Asked Questions About TOLATA Claims

Beverley Morris — Wed, 25 Feb 2026 09:21:57 +0000

According to the Office for National Statistics (ONS), unmarried cohabiting couples have for the first time become the most common relationship type in England and Wales, with an increasing number of couples living together who are not in a marriage or a civil partnership.

The data shows that although previously couples in a marriage or civil partnership was the most common partnership status among the population aged over 16, for the first time since 2014, this proportion has decreased to below 50% (49.5%).

Source: ONS.gov.uk, Population estimates by marital status and living arrangements, England and Wales: 2024.

As cohabitation continues to rise, so too does the need for clarity on the framework that governs property disputes and the protection for unmarried partners.

Disputes over jointly owned property have been steadily increasing and one area of the law that frequently arises in these situations is TOLATA claims.

In this blog, our family law and dispute resolution team answer some frequently asked questions about TOLATA claims arising from cohabitation disputes to help explain how the law applies in such situations.

What are TOLATA Claims?

TOLATA (the Trusts of Land and Appointment of Trustees Act 1996) is the legislation that governs how property ownership disputes are resolved, particularly those involving trusts or jointly owned land. If a dispute arises over property ownership, the parties involved must each demonstrate their entitlement to a share of the property. The court will then use TOLATA to determine two key matters, namely:

who has the right to occupy the property and
the extent of each party’s ownership interest.

In most cases, the courts do not have a discretion to vary existing co-ownership arrangements or adjust ownership shares once established. Instead, claims are assessed either as a dispute over the facts of the case (a Part 7 claim) or a dispute over the legal principles involved (a Part 8 claim).

When Might TOLATA Claims Arise for Unmarried Couples?

Whilst TOLATA can apply in a range of circumstances, these claims are more common between unmarried cohabiting couples following a separation. They often occur when the parties cannot agree on their respective shares in or rights to a property, whether the property is solely owned by one party or held as joint tenants or tenants in common. Typically, they occur when one party believes they are entitled to a larger proportion of the property’s value, or where the terms of the joint ownership are unclear or disputed. For example, there may be no declaration of trust, setting out ownership shares, or no cohabitation agreement addressing financial responsibilities and contributions. Without these documents in place, disputes are more likely to occur.

What Factors Do Courts Consider?

Contrary to popular belief, under current family law legislation, there is no such thing as “common law marriage” in England and Wales. So, regardless of how long you have lived with your partner, if you are not married or in a civil partnership, you will not have the same automatic legal rights to property if you separate. Nevertheless, your property rights can be established in several other ways, and TOLATA provides the legal framework for courts to assess those rights. Broadly speaking, a cohabitant may have an interest in a property either as a joint owner or, where the property is solely owned by one party, through the existence of a trust.

Before reaching a decision in a TOLATA claim, the court will consider various factors. For example, it will consider the intention of the parties, whether there exists any written agreement or declaration of trust, the financial contributions made by each party and, importantly, the welfare of any children or vulnerable beneficiaries. As with all disputes, the court’s overarching aim is to achieve a fair and proportionate outcome which balances the competing interests of everyone involved.

How Do You Initiate a TOLATA Claim?

To begin a TOLATA claim, you will need to submit a formal application to the court, setting out details of the dispute and providing all relevant supporting evidence. However, before taking your matter to court, it is worth exploring whether the matter can be resolved through Alternative Dispute Resolution (ADR).

ADR, such as mediation or negotiation, is typically faster, more cost-effective, and less combative than litigation. It is particularly beneficial to avoid stressful court proceedings where children are involved, as it helps to cultivate a more amicable, workable relationship between ex-partners who need to co-parent.

How Can You Avoid TOLATA Claims?

Before moving in with or buying a property with your partner, especially if you are not getting married or entering into a civil partnership, it is sensible to ensure that from the outset you both have clear, documented intentions regarding the property’s ownership and your financial arrangements.

If you are buying a property together, it is also vital to understand whether you will own your property as joint tenants (where if one of you dies, the property will pass automatically to the surviving owner), or as tenants in common (where you each own a defined share in the property and your share will pass according to your Will or the intestacy rules if you die without leaving a Will).

One of the most common ways of legally setting out how a property is owned is through a declaration of trust. This document can set out:

the ownership share of each partner
the financial contributions made towards the purchase of the property
how ongoing financial responsibility is to be handled
what happens if one partner wishes to sell the property
what each partner is entitled to if the property is sold.

A declaration of trust is particularly important where the parties’ financial contributions are unequal or where friends or family have provided financial support towards the purchase of a property.

If you are living together but are not married or in a civil partnership, you should also consider setting up a cohabitation agreement which is separate from a declaration of trust. Where a declaration of trust focuses on your property ownership, a cohabitation agreement will focus on your broader financial arrangements whilst living together and what will happen if your relationship ends. For example, this can include arrangements regarding:

your joint finances
the payment of household bills
responsibility for reducing or paying off debts
what will happen to jointly owned assets, savings, and investments if you split up
what will happen if one of you stops work to care for children
what will happen to any pets.

Whilst these documents do not replicate the legal protections of a marriage or civil partnership, when properly drafted, they can provide some clarity, a level of legal protection and significantly reduce the risk of a future dispute.

At the very least, keep clear records of all financial contributions you have personally made towards the property during your relationship, including providing or contributing towards the deposit, mortgage repayments, property repairs or renovations. You may need to rely on this paperwork should a property ownership dispute arise in the future.

TOLATA and Property Dispute Specialists in Blackheath

Unmarried couples going through a separation can face many unique pressures and if property is involved, it can be especially challenging.

If you are facing a property dispute or have questions about your rights under TOLATA, it is strongly recommended that you seek specialist legal advice at the earliest opportunity.

At Beverley Morris & Co., our experienced family law and dispute resolution solicitors based in Blackheath, London can provide specialist advice on cohabitation matters and property disputes, protecting your legal rights and interests, and advise on making and defending TOLATA claims.

We can assess your individual circumstances and guide you through the most appropriate and cost-effective course of action.

Our legal team will work with you to resolve matters in the most amicable and constructive way possible, finding solutions centred on the best interests of all parties involved.

For more information, or to speak to one of the team, call 020 8852 4433 or email: enquiries@beverleymorris.co.uk.

Alternatively, click here to arrange a callback.

Related articles and resources

The post Property Ownership Disputes for Unmarried Couples: Frequently Asked Questions About TOLATA Claims appeared first on Beverley Morris.

Making Mediation Work: Tips for Family Mediation Week 2026

Beverley Morris — Tue, 20 Jan 2026 15:41:49 +0000

Family Mediation Week 2026

Family Mediation Week 2026, which is taking place from 26–30 January 2026, provides an important opportunity to highlight how mediation supports couples and families going through separation or divorce. The annual campaign, organised by the Family Mediation Council (FMC), aims to raise awareness of family mediation’s role in helping couples stay in control of their separation and make informed decisions together. Mediation can also help to create a more positive foundation for a family’s future.

In follow-up to our previous article, What is Family Mediation? – A Guide for Separating Couples, and to mark Family Mediation Week 2026, our experienced family law team in Blackheath shares some further guidance on getting the most from the mediation process.

Believe in the process.

Opting for mediation rather than litigation offers several advantages. Fighting an ex-partner in court is stressful for everyone concerned and can be time-consuming, traumatic and expensive.

The collaborative approach taken in mediation encourages parties to work together. However, it only works if everyone involved commits to the process.

It takes most couples two to four mediation sessions to agree on arrangements for their children and an average of five sessions to reach an agreement about their finances. Even if the first session is difficult, keep an open mind and stick with it.

Be respectful.

Having conversations with an ex-partner is often difficult, especially if the relationship ended badly. However, even if you are no longer on friendly terms, being dismissive or defensive is not conducive to open discussion that can result in agreement.

Language matters. Be open and considerate in how you communicate and try to leave any residual issues you might have at the door.

Be cooperative.

The family mediation process allows couples to decide on how best to do things, based on what works for them. This is a key benefit of mediation in family law disputes, allowing separating couples to retain control over the decision-making process rather than surrendering it to the courts.

Although this is a positive aspect of the procedure, family mediation is only effective if couples are willing to cooperate and to compromise. Listen to the points made by your ex-partner, try to understand things from their perspective, and be prepared to be flexible in your response.

Choose the right mediator.

Mediators come from diverse backgrounds and experiences, and each will have a different style and area of expertise. When choosing a mediator, it helps to consider their background, experience and specialisms, to ensure you get the right fit.

Many mediators meet clients online, but if you prefer face-to-face sessions, you should also bear in mind practical considerations like where they are based.

Click here to search the FMC’s Register to find a family mediator who practises near you.

Focus on the future.

Moving on after a relationship breakdown can be difficult. However, it is important not to dwell on the past and instead focus on moving forward.

Try to go into each mediation session focusing on what you want to get out of it. Arrangements for your family that are agreed through mediation will provide a firm foundation for your future.

Family Law Solicitors Blackheath

Mediation can help separating couples resolve many issues arising out of their break-up and is one of the most effective ways to reach an agreement.

At Beverley Morris & Co., we can advise on all family law matters, including divorce, children, and financial disputes, helping couples decide on the best way to proceed.

Our Head of Family Law is Saba Ansari, a highly experienced Family Law Solicitor who has received many five-star reviews from her clients. She specialises in all aspects of matrimonial matters, including divorce, financial remedies, private law children cases, domestic abuse, unmarried couples, and all types of family law agreements. She is extremely knowledgeable and robust, but at the same time she is caring and sympathetic, fully understanding the challenges that face her clients upon a relationship breakdown. Saba offers clear advice and total transparency as regards the costs involved in the legal process.

For more information, or to speak to one of the team, call 020 8852 4433 or email enquiries@beverleymorris.co.uk.

Alternatively, click here to arrange a call back.

Read some of our previous blogs for related information:

Frequently Asked Questions About Parental Responsibility

How a Solicitor Helps with Divorce

The post Making Mediation Work: Tips for Family Mediation Week 2026 appeared first on Beverley Morris.

What is Family Mediation? Guide for Separating Couples

Beverley Morris — Thu, 04 Dec 2025 15:17:49 +0000

Couples going through a divorce or separation often find the thought of resolving practical matters such as finances, property and childcare arrangements particularly scary and off-putting. That is why family mediation can provide a constructive way forward to avoid the stress and expense of going to court. In this blog, our family law team answer a few frequently asked questions about the process of mediation and how it can help couples reach agreement in a way that works for everyone involved.

What is Family Mediation?

Family mediation is a form of alternative dispute resolution (ADR) in which separating couples meet with an independent, neutral third party (known as a mediator) to discuss their disagreements and work towards a mutually acceptable solution.

Mediation is a more collaborative approach than court which is adversarial. A mediator will not make decisions for you or take sides, but instead they will create a safe space for you and your other half to have an open discussion. They will keep the conversation focused and balanced and they will help guide you both towards a practical agreement that will benefit not only you but the entire family, especially where children are involved.

What Can Mediation Be Used For?

Mediation in family law disputes can be used to resolve issues such as:

arrangements for the children, including where they will live and how much time they will spend with each parent
the division of property and assets
financial arrangements including financial support for one party by the other
any other matters arising from the separation.

Why Is Mediation Chosen Over Going to Court?

There are several reasons why couples should consider attempting mediation or another form of ADR before thinking about going to court. The advantages of family mediation include:-

It is more affordable: Mediation is typically more cost-effective since legal costs can quickly escalate when a dispute goes to court.
It is less stressful: Going to court can be distressing for everyone involved as well as emotionally draining. Mediation sessions are conducted in a calm, private setting where both parties can speak openly.
You remain in control: If you go to court, the judge will make decisions for you based on legal guidelines whereas a mediation process will allow you and your partner to retain more control over the outcome, creating an agreement that properly takes account of your family’s specific needs and circumstances.
It can produce a better result for a co-parenting situation: For separating parents, you will likely need to maintain some form of relationship with your ex-partner for many years to come. Mediation fosters respectful communication and cooperation, laying the groundwork for a better co-parenting relationship in the future.

In most cases, people who use mediation sessions to resolve their disagreements are more likely to reach an agreement sooner, with less conflict and at a lower cost than those who instruct their solicitor to go to court.

How Do You Start the Process of Family Mediation?

As mentioned above, the family mediation process typically starts with an initial meeting known as a Mediation Information and Assessment Meeting (MIAM). During this session, the mediator will explain how mediation works, assess whether it is suitable for your situation and answer any questions you may have.

NB It is important to remember that in situations where it is safe to take place (ie. in cases where domestic abuse is not alleged nor has it been a feature of the relationship), a Mediation Information and Assessment Meeting (MIAM) is usually required before the parties can go to a family court.

If you both decide to proceed with mediation, you will attend a series of mediation sessions together. The number of sessions varies according to the complexity of your situation and how easily you can reach agreement.

Where there are children involved, most mediators will offer a service whereby the child or children can be included in the mediation. Many mediators will also offer the option to attend sessions online. Mediation is free for people who qualify for legal aid. You can check your eligibility by visiting gov.uk – check legal aid.

If you and your ex-partner come to an agreement, the mediator will prepare a document outlining what you have decided. This isn’t legally binding on its own but you can ask your solicitor about turning it into a legally enforceable court order, if needed.

Attending mediation and even coming to an agreement during mediation sessions does not preclude you from going to court later on if that should become necessary.

Read our previous article: Tips for Effective Mediation.

Do I Need a Solicitor During Mediation?

You will not need a solicitor to attend mediation sessions. However, you may find it helpful to obtain independent legal advice alongside the mediation process.

A family law solicitor can:

explain your legal rights and entitlements before you begin mediation
review any proposed agreement to ensure it is fair and protects your interests
help turn a mediated agreement into a legally binding court order
provide valuable support and guidance throughout the process.

Having a solicitor to lean on throughout the process means that you can approach mediation feeling confident and informed about the process whilst still maintaining the collaborative spirit that makes mediation effective.

Family Law Solicitors in Blackheath

At Beverley Morris & Co., we understand that separation is one of life’s most stressful experiences. Whether you’re considering mediation or you need advice on other options for resolving a dispute, our experienced family law team is here to guide you through the process.

We can advise you as to whether mediation is suitable for your circumstances, provide you with independent legal advice throughout the mediation process and help you reach a fair arrangement that values your wellbeing and respects your needs.

Our Head of Family Law is Saba Ansari, a highly experienced Family Law Solicitor who has received many five star reviews from her clients. She specialises in all aspects of matrimonial matters including divorce, financial remedies, private law children cases, domestic abuse, unmarried couples and all types of family law agreements. She is extremely knowledgeable and robust but at the same time she is caring and sympathetic, fully understanding the challenges that face her clients upon a relationship breakdown. Saba offers clear advice and total transparency as regards the costs involved in the legal process.

For more information, or to speak to one of the team, call 020 8852 4433 or email enquiries@beverleymorris.co.uk.

Alternatively, click here to arrange a call back.

Read some of our previous blogs for related information:

Frequently Asked Questions About Parental Responsibility

How a Solicitor Helps with Divorce

The post What is Family Mediation? Guide for Separating Couples appeared first on Beverley Morris.

What Happens to Pets During a Divorce?

Beverley Morris — Thu, 23 Oct 2025 14:25:08 +0000

What Happens to Pets During a Divorce?

The UK is a nation of animal lovers, with over 50% of UK adults owning a pet, and for those households, they can become cherished members of the family. Therefore, if a relationship breaks down, deciding who gets to keep the family pet can often be a complex and emotional issue.

How Are Pets Treated in Divorce?

While many pet owners may not want to think of them in this way, UK law currently treats pets as personal property or “chattels” in a divorce. This means that, unlike children, there are no formal custody or access arrangements for pets.

If there is a dispute over who should keep the pet and the court is asked to get involved, ownership will be determined by details such as:

Proof of ownership or who purchased or adopted the pet
Whose name is on the veterinary or microchip records
Who was primarily in charge of caring for the pet
Who was responsible for paying for expenses

However, consideration is often given to the pet’s wellbeing and the emotional attachment of both parties when resolving disputes. For example, one person may have paid for the animal, but the other may be its primary day-to-day carer, the one who takes it for walks, feeds it and has a stronger bond with the animal.

Should We Make a Pet Agreement?

In some cases, and if you believe there may be some ambiguity over who should keep the pet, having a pet agreement or pet nuptial agreement (similar to a prenuptial or postnuptial agreement) is a way to avoid possible conflict. A pet agreement can be drafted as a written understanding of what will happen to the pet, outlining:

Who the pet will live with
Who will be responsible for its continued welfare costs (e.g. vet bills and food), or how these will be shared
Whether visitation or shared care is an option.

While pet nuptial agreements are not automatically legally binding in the UK, courts will strongly consider them if they have been drafted correctly. A pet agreement can also help set expectations and reduce animosity during what will already be an emotional period.

For unmarried couples who live together, details regarding pets can be included in a cohabitation agreement.

What Happens If We Can’t Reach an Agreement?

Couples going through a divorce or separation are encouraged to reach agreement with their ex-partner outside of the court. Alternative dispute resolution (ADR) methods, such as negotiation through solicitors or family mediation, can be a helpful method of resolving conflict. A neutral third party can help both parties agree to an arrangement that is fair and also prioritises the pet’s wellbeing.

Going to court should be seen as a last resort, as this can be a lengthy and costly process. There is also no guarantee regarding how a court might award pet ownership, since they must treat the pet as property and therefore they could base their decision solely on financial considerations.

Considerations For Separating Pet Owners

The thought of losing access to a beloved pet is highly emotional. However, pet owners going through a divorce or separation should consider the following to ensure a peaceful transition:

Keeping the pet’s routine as stable as possible.
Avoiding using the pet as emotional leverage during other negotiations.
Considering the feelings of any children who may be involved and their bond with the pet.
Giving thought to who is more able to look after the pet’s day-to-day needs.
Being flexible and open to compromise such as shared ownership of a pet which can work for some families and couples.

Family Law Solicitors in Blackheath

Couples going through a divorce or separation can face many pressures, and if pets are involved in the dispute, the experience can be particularly challenging.

Our experienced family law team will work with you to resolve matters in the most amicable and constructive way possible, finding a solution that is centred around the best interests of all involved.

For more information, or to speak to one of the team, call 020 8852 4433 or email enquiries@beverleymorris.co.uk.

Alternatively, click here to arrange a call back.

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Frequently Asked Questions About Parental Responsibility

Beverley Morris — Wed, 27 Aug 2025 09:26:05 +0000

Parental responsibility refers to the legal rights, duties and responsibilities that a parent has for their child.

All mothers and most fathers automatically have parental responsibility, which allows them to make decisions about their child’s upbringing and welfare.

Parental responsibility can be lost and gained in certain circumstances, and it is possible for someone to have parental responsibility for a child without being their legal parent.

In this blog, our experienced Child Law Solicitors answer frequently asked questions about parental responsibility.

What is parental responsibility?

Parental responsibility is defined by the Children Act 1989 as “all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and [their] property”.

According to GOV.UK, if you have parental responsibility, your most important roles are to:

Provide a home for the child.
Protect and maintain the child.

You’re also responsible for:

Disciplining the child.
Choosing and providing for the child’s education.
Agreeing to the child’s medical treatment.
Naming the child and agreeing to any change of name.
Looking after the child’s property.

Having parental responsibility means that you can make certain decisions about your child’s life, such as deciding where your child goes to school, consenting to certain medical treatment and agreeing to their going abroad on holiday or for extended stays.

If you have parental responsibility for a child but you do not live with them, the other parent must include you in any important decisions that need to be made about the child’s life.

Who has parental responsibility?

Biological mothers are automatically granted parental responsibility upon the birth of their child.

If a father is married to the child’s mother at the time of birth, he automatically shares parental responsibility.

Additionally, since 1 December 2003, if the father’s name is shown on the birth certificate, he also has parental responsibility.

Parents who separate continue to have parental responsibility for any children they have together.

Parental responsibility can also be acquired by non-parents.

How do you apply for parental responsibility?

Parental responsibility can be acquired by non-parents through Parental Responsibility Agreements or Parental Responsibility Orders and by various people such as stepparents, second female parents and unmarried fathers.

If you are caring for a child and are considering applying for parental responsibility, get in touch with Beverley Morris & Co. Solicitors.

Our specialist child lawyers in Blackheath advise on the options available to you and the best way to proceed.

For more information, or to speak to one of our experienced child arrangements solicitors in London, call 020 8852 4433 or email enquiries@beverleymorris.co.uk.

Alternatively, click here to arrange a call back.

A local authority can also obtain parental responsibility for a child by making an application for a care order.

Can parental responsibility be lost?

Parental responsibility can be lost through a court order. Adoption orders and parental orders (to transfer legal parenthood from a surrogate mother to the intended parents) both revoke parental responsibility.

Under Jade’s Law, which received royal assent in May 2024 and was introduced as part of the Victims and Prisoners Bill, a parent found guilty of murdering the other parent will also have their parental responsibility removed.

Child Law Solicitors Blackheath

At Beverley Morris & Co. Solicitors, we provide specialist private children law legal services for parents seeking advice and representation on parental responsibility and finances.

Our dedicated family law team has extensive experience in navigating the complex legalities surrounding all private child law matters and disputes.

We understand how stressful disputes involving children can be for all involved. Beverley Morris & Co. Solicitors has extensive experience in a wide range of child law issues including:

Child Arrangements Orders.
Residence Orders.
Contact Orders.
Parental Responsibility Agreements.
Changes of Name and Adoption.
International or National Relocation.
Child Support and Child Maintenance Agreements.
Co-Parenting.
Non-Return of Children.

Families going through a divorce or separation can be faced with many pressures and children involved in a dispute can find the experience particularly challenging.

Our experienced family law team will work with you to resolve matters in the most amicable and constructive way possible, finding a solution that is centred around the best interests of the child.

For more information, or to speak to one of the team, call 020 8852 4433 or email enquiries@beverleymorris.co.uk.

Alternatively, click here to arrange a call back.

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Who Needs a Cohabitation Agreement?

Beverley Morris — Wed, 23 Jul 2025 08:46:50 +0000

People in romantic relationships are increasingly choosing to live together without getting married or entering into a civil partnership.

Data from the most recent census found that the proportion of people who live as a cohabiting couple (ie. are not in a marriage or a civil partnership) increased from 20.6% in 2011 to 24.3% in 2021.

The total number of cohabiting couples has increased from around 1.5 million in 1996 to around 3.6 million in 2021, an increase of 144%.

Although a popular choice for many couples, partners who simply live together do not enjoy the same legal rights as married couples or civil partners, and cohabiting couples do not have the same protection under the law.

Solicitors for Cohabitees

There are some indications that this might change, with the government announcing in February 2025 that it intends to consult on the issue later in the year.

However, with reform still some way off, cohabitating couples need to protect themselves by making a cohabitation agreement (also known as a ‘living together agreement’) which can set out arrangements for finances, property and children if the relationship ends.

In this blog, our experienced Cohabitation Agreement Solicitors answer frequently asked questions about cohabitation agreements.

What is a cohabitation agreement?

A cohabitation agreement is a written legal document between people who live together that sets out how assets, property and finances will be dealt with if the relationship comes to an end.

Typically, cohabitation agreements are made between unmarried couples who are in a romantic relationship, although they can also be used to protect friends or siblings who cohabit.

A cohabitation agreement can address such matters as the ownership of assets, financial responsibilities and what will happen in the event that the relationship ends. A cohabitation agreement will typically address:

Property ownership. A cohabitation agreement can clarify who owns what proportion of any individually or jointly owned properties including how the same will be divided if the parties go their separate ways.
It can specify who pays rent, bills, mortgage repayments and other expenses, or what happens if one partner put down a larger deposit for a house or flat.
Childcare and parenting. If the relationship breaks down, a cohabitation agreement can outline arrangements for the care and upbringing of any children, including maintenance payments and visitation rights.
A cohabitation agreement can give one party the right to a share of the other party’s pension.
Wills and inheritance. A cohabitation agreement can specify what will happen to any future inheritances.
Other assets. It can also make provision for what happens to any jewellery, cars, or household pets.

Do you need a solicitor for a cohabitation agreement?

A cohabitation agreement should always be made with the assistance of an experienced family law solicitor.

A cohabitation agreement is legally binding in the UK provided it is drafted and executed correctly. Each party must receive independent legal advice and be honest when disclosing their assets.

A family law solicitor with experience in cohabitation agreements will ensure the document is properly drafted, legally binding and suited to the client’s particular circumstances.

At Beverley Morris & Co. Solicitors, our family law team in Blackheath, London can provide clear, practical advice with a bespoke solution that is tailored to the client’s needs.

For more information, or to speak to a local cohabitation agreement solicitor, please call 020 8852 4433, email familylaw@beverleymorris.co.uk, or make an online enquiry.

Who should make a cohabitation agreement?

If you are planning on moving in with a partner or are already cohabiting but not married or in a civil partnership, you need a cohabitation agreement.

There is a myth regarding ‘common law marriage’. However, unless there is proof of joint ownership, cohabiting does not give parties who live together the same legal rights as a couple that are married or in a civil partnership.

This can lead to uncertainty or a dispute should the relationship end. Without a cohabitation agreement, one party could end up with nothing.

A cohabitation agreement offers protection in various scenarios, including:

If you wish to divide your assets in the same way a married couple would.
If you wish to distinguish who pays which bills or debts.
Dealing with spousal support if one partner is financially stronger than the other.
What will happen in the event of a relative’s death.

A cohabitation agreement can be especially important if one partner sacrifices their career for the benefit of the relationship or to bring up children.

Whilst married people and those in a civil partnership have an automatic right to financial support from their spouse or civil partner if the relationship ends, this is not the case for cohabiting couples, regardless of how long they have been together.

Cohabitees also do not have any automatic claim over property rights. Whereas for married couples, the family home is usually considered a joint asset, this does not apply to cohabiting couples.

If one party’s name is not on the deeds, they may not have any claim to a share of the home.

Cohabitation Agreement Solicitors Blackheath

At Beverley Morris & Co, our specialist family lawyers have considerable experience in negotiating and drafting cohabitation agreements. They understand the complexity and sensitivity surrounding such matters.

Whether you are living with a partner, moving in with a friend or buying a house with a sibling, we will provide clear, practical advice with a tailored solution that is suited to your circumstances.

We will guide you through the whole process and clearly outline the financial responsibilities of both parties such as how finances might be used to manage your home and what will happen if the relationship ends.

For more information, or to speak to one of our experienced, friendly family law solicitors in Blackheath Village, South East London, phone us today on +44 (0)20 8852 4433, email us at enquiries@beverleymorris.co.uk or make an online enquiry and we will call you.

The post Who Needs a Cohabitation Agreement? appeared first on Beverley Morris.

Agreeing Child Arrangements Over the Summer Holidays

Beverley Morris — Wed, 14 May 2025 10:47:44 +0000

With school summer holidays just a couple of months away, many parents will be starting to think about arrangements for their children over the upcoming break.

School holidays can disrupt a parenting agreement between separated couples, and ex-partners often need to make separate arrangements to cover the extended break.

However, agreeing child holiday arrangements with an ex-spouse or partner can be difficult.

In this blog, our specialist Child Solicitors in Blackheath answer some frequently asked questions about child contact agreements over the holidays and give their top tips on how to reach an agreement with an ex-partner.

How do you agree child holiday arrangements with an ex-partner?

Without a court order setting out what should happen and when, child contact arrangements over the summer holidays are generally left up to separated parents to agree between themselves.

However, with work commitments, financial pressures, existing holiday plans, and communication difficulties all coming into play, finding a solution that works for everyone can be easier said than done.

The following tips can help:

Plan ahead. The sooner separated parents start to think about what should happen with their children over the school holidays, the better. Most schools release term dates a year or so in advance, giving parents plenty of advance warning and time to plan. Starting conversation with an ex-partner about children’s holidays in good time increases the likelihood of reaching an agreement in good time and avoids any last-minute stress.
Focus on your children. Remembering that you both have your children’s best interests at heart and that their well-being is a priority will ensure discussions remain on track.
Communicate openly. It is easy for emotions to get in the way of discussions between ex-partners, but communicating in a positive way is crucial if parents are to reach an agreement. Being upfront about existing plans and focusing on practical arrangements can help separated couples agree on holiday contact arrangements.
Be flexible. Having existing holiday plans and other commitments is commonplace, particularly during the summer break. Being flexible and willing to compromise is vital for productive conversation and will increase the chances of an agreement being reached.

What if I can’t agree on child holiday arrangements with my ex?

If ex-partners can’t agree child contact arrangements for the holidays between themselves, they should seek specialist help.

Mediation is particularly useful in family disputes and can be extremely useful to help separated parents manage various arrangements, including agreeing on holiday plans for children.

Separating couples sit down – either separately or together – with a neutral, professionally trained, independent third-party (a mediator) to help them reach agreement.

Mediation is quicker, less stressful and more cost-effective than a lengthy court dispute. For tips for effective mediation, read our previous blog by clicking here.

If negotiations break down entirely, a specialist family law solicitor with experience in child law matters will be able to help.

A child law solicitor can apply to the court for a child arrangement order (CAO), which can specify various arrangements for children, including provision for what happens over the holidays.

If you need legal advice about child contact arrangements over the holiday, or need to speak to a solicitor about another legal issue regarding your children, get in touch with Beverley Morris & Co. Solicitors who will advise on the best way to proceed.

To speak to one of our friendly child law solicitors, call 020 8852 4433 or email enquiries@beverleymorris.co.uk.

Do I need permission from my ex-partner to take my child abroad?

If you want to take your child abroad over the summer holidays, or any other time, you must get permission from everyone who has parental responsibility, or from the court.

If you are travelling abroad, you should take with you a written letter from your ex-partner that shows they consent. This should include their contact details and details of the trip.

It may also be helpful to take with you evidence of your relationship to the child and a divorce or marriage certificate, particularly if your surname is different from your child’s.

Child Law Solicitors Blackheath

Our child law solicitors in Blackheath provide legal advice and services for a broad spectrum of legal matters relating to children and child disputes.

We understand how stressful disputes involving children can be for all involved.

Beverley Morris & Co. Solicitors have extensive experience in a wide range of child law matters including:

Child Arrangements.
Residence Orders.
Contact Orders.
Parental Responsibility Agreements.
Changes of Name and Adoption.
International or National Relocation.
Child Support and Child Maintenance Agreements.
Co-Parenting.
Non-Return of Children.

If you have a family law query regarding child arrangements, get in touch with Beverley Morris & Co. Solicitors for constructive and practical legal advice.

To speak to one of our friendly specialist child law solicitors, call 020 8852 4433 or email enquiries@beverleymorris.co.uk.

Alternatively, click here to arrange a call back.

The post Agreeing Child Arrangements Over the Summer Holidays appeared first on Beverley Morris.

How a Solicitor Helps with Divorce

Beverley Morris — Tue, 18 Feb 2025 10:08:31 +0000

Going through a divorce is not easy, even if both parties agree to separate and the break-up is amicable.

The introduction of no-fault divorce in April 2022 under the Divorce, Dissolution and Separation Act 2020 (Divorce Act 2020) made the divorce process itself less adversarial.

However, untangling your life from that of an ex-partner can be complicated, and attempts to reach agreement with an ex-spouse about arrangements for children, property and finances may ignite flashpoints between divorcing couples.

An experienced divorce law solicitor can help. Enlisting the assistance of a family lawyer with experience in divorce at an early stage in proceedings can help divorcing couples save time, money and stress.

In this blog, our specialist Family Lawyers consider four ways a solicitor can help with a divorce.

1. Managing communications.

Being able to communicate effectively with an ex-spouse is crucial when you are going through a divorce. You will need to discuss various significant issues and address potentially inflammatory questions, such as: Who keeps the family home? Who will the children live with? How will we divide our assets?

Agreement is only reached by talking and negotiation. However, communicating with an ex-partner is often difficult and, at a time when communication is key, it can be easy for conversations to break down.

Having an experienced professional liaise with your partner removes the emotion from the situation and increases the likelihood of reaching an agreement.

A solicitor can help keep the channels of communication open in various ways depending on your circumstances. For example, your solicitor can negotiate directly with your ex-partner on your behalf or with your ex-partner’s lawyers.

2. Helping you reach an agreement.

A solicitor can help you decide how you wish to proceed, recommending mediation or arbitration where it might be useful to try to reach agreement or by representing your interests in court.

Most divorcing couples struggle to reach agreement between themselves on arrangements for their children, property and finances.

If you are finding it difficult, a solicitor can help, either by assisting with the negotiations themselves or advising on whether mediation would be appropriate.

Family mediation is a form of alternative dispute resolution (ADR) that helps families work out their issues without having to go to court. Separating couples sit down – either separately or together – with a neutral, professionally trained, independent third-party (a mediator) to help them reach agreement on the various arrangements that need to be made following the breakdown of a relationship.

Family mediation is cheaper and faster and can be more effective than going to court. A solicitor will be able to tell you more about what the process involves and put you in touch with local family mediators.

Read more about how mediation helps in family disputes in our previous blog by clicking here.

3. Securing your financial future.

The first step towards working out ’who gets what’ is establishing what both of you have.

Property, pensions, income, savings, mortgages and loans must all be taken into consideration when agreeing on a financial settlement, and it is crucial to agree on arrangements that both parties consider ‘fair’.

However, ‘fair’ isn’t always a 50/50 split and reaching a consensus as to how assets are divided can be complicated.

An experienced family law solicitor can help. A divorce solicitor will guide you through the financial disclosure process that is applicable to both parties, ensuring your best interests are protected.

A specialist divorce lawyer will also be able to advise you on what is considered ‘fair’ and draft a financial consent order that safeguards your finances from any future claims.

4. Taking care of all the paperwork.

A lot of paperwork is involved in a divorce – the application alone is 15 pages long – and the forms can be complex and confusing.

There are various forms that need to be completed, also documentation that needs to be provided at various stages of the process. This includes the paperwork that must be filed in relation to your financial settlement and any arrangements for the children.

Some of the forms you need to complete as part of divorce proceedings include:

Form D8: Divorce application. This form sets out the details of who is getting divorced and asks about any children involved.

Form D10: Acknowledgement of service. If your spouse has applied for a divorce, you will be sent Form D10 to complete along with a copy of the divorce application.

Form D84: Application for a conditional order (formerly known as a decree nisi). This form needs to be completed after the 20-week cooling-off period to ask for a conditional order to be granted.

Form D36: Application for a final order (formerly known as a decree absolute). Six weeks after the conditional order has been granted, this form is used to apply for the final order which legally ends your marriage.

A solicitor will help you complete all the various paperwork, meaning you can concentrate on taking care of yourself and your children.

Divorce Solicitors Blackheath

At Beverley Morris & Co. Solicitors, we understand the sensitivities of family law matters and offer a sympathetic, practical and personal approach.

Our specialist family law solicitors will ensure that you are provided with caring, confidential advice, tailored to your unique legal matter.

Our divorce law team has significant experience in representing clients throughout the process of a divorce or civil partnership dissolution. They can also advise on cohabitation disputes or help couples who are going through a separation.

Our family law lawyers have wide-ranging experience in all child-related issues and can assist in respect of contact and residence issues between parents, also child abduction cases, adoption and other care matters involving the local authority.

For more information about our Family Law services or to speak to one of our Family Law solicitors, call 020 8852 4433, email familylaw@beverleymorris.co.uk or click here to make an online enquiry.

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