Legal Info - Josiah-Lake Gardiner Josiah-Lake Gardiner

Civil Partnership Bill progresses through Parliament

Following on from our article on 27 June 2018 regarding the Supreme Court’s ruling that Civil Partnerships should be open to heterosexual couples, the Civil Partnerships, Marriages and Deaths (Registration Etc.) Bill, which formally extends Civil Partnerships to opposite sex couples, is due to have its second reading in the House of Lords on 18… Continue reading Civil Partnership Bill progresses through Parliament

Barlow’s Cohabitants and the Law, 4th edition by David Josiah-Lake (4/6)

It is telling that, despite numerous attempts to curb this practice, in 2018 tabloids and many of their readers still continue to refer to unmarried cohabiting couples as ‘common law spouses’, which phrase implies rights that do not exist in law. Indeed, a poll conducted by Resolution (the association of family solicitors) during the Cohabitation… Continue reading Barlow’s Cohabitants and the Law, 4th edition by David Josiah-Lake (4/6)

Owens v Owens [2018]: Fault-based divorces to continue

Somewhat reluctantly the Supreme Court last week ruled in the case of Owens v Owens [2018] UKSC 41 to uphold the decision made by the judge at first instance which was endorsed by the Court of Appeal to dismiss the wife’s divorce petition alleging that her marriage had broken down irretrievably because her husband had behaved… Continue reading Owens v Owens [2018]: Fault-based divorces to continue

Barlow’s Cohabitants and the Law, 4th edition by David Josiah-Lake (3/6)

The word ‘cohabitation’ has come to denote the situation where two people live together as husband and wife or as civil partners in a family framework analogous to marriage or civil partnership, without actually having gone through a ceremony of marriage or entering into a civil partnership. There is no formal definition of ‘cohabitants’ but,… Continue reading Barlow’s Cohabitants and the Law, 4th edition by David Josiah-Lake (3/6)

Barlow’s Cohabitants and the Law, 4th edition by David Josiah-Lake (2/6)

As David says in the introduction to the book, with Brexit sucking all the air out of the room (well, out of the legislative chamber in Parliament), it is unlikely that there will be any significant developments with regard to the law affecting cohabitants/unmarried families and no ‘divorce law equivalent’ affording rights to cohabitants for… Continue reading Barlow’s Cohabitants and the Law, 4th edition by David Josiah-Lake (2/6)

Barlow’s Cohabitants and the Law, 4th edition by David Josiah-Lake (1/6)

As one would expect, there have been enormous (and hugely progressive) advances in the area of family law since the last edition of Barlow’s Cohabitants and the Law which was published in 2001. Ever growing acceptance of and legal recognition for same sex relationships has seen the passing of both the Civil Partnership Act 2004… Continue reading Barlow’s Cohabitants and the Law, 4th edition by David Josiah-Lake (1/6)

Is mediation right for you?

Mediation is not for everybody, but it is a good option for many. It is important that both parties feel safe and supported during mediation. Therefore, before a mediation starts the mediator will assess whether there are any safety concerns and whether the couple and their issues are suitable for mediation. Both parties need to… Continue reading Is mediation right for you?

Prenuptial Agreements and Mediation – A marriage made in Heaven

A prenuptial/pre-civil partnership agreement (pre-nup) is entered into by the couple before entering into their marriage/civil partnership and sets out what will happen in the unhappy event that the relationship breaks down and ends in divorce/dissolution. Whilst a pre-nup is not legally binding, if properly prepared and signed it will carry a great deal of… Continue reading Prenuptial Agreements and Mediation – A marriage made in Heaven

Family Law Jargon – Some Common Terms Explained

We’re well aware that sometimes our clients are a little bemused by some of the terms that lawyers like to use. Indeed, it can often seem as though the numerous clauses and sub-clauses that are inserted into legal documents are primarily designed to obscure the real meaning of what’s being said. As lawyers, of course,… Continue reading Family Law Jargon – Some Common Terms Explained