Blog

What do Financial Remedies Proceedings look like?

In most cases, the dispute between spouses can be resolved without an application to the Court to commence financial remedy proceedings needing to be made. Some cases though cannot be resolved amicably, so it is useful to

Parental Alienation

What the 2024 Family Justice Council Guidance means for future Court cases Over recent years, the term Parental Alienation has become increasingly common, especially within Court proceedings relating to children. Allegations of alienating behaviours are often (but

What is a North Yorkshire Hearing in Care Proceedings?

Where the Court has been provided with all the evidence relating to a child’s parents in Care Proceedings and the professional assessments of them are negative, they can be ruled out as potential carers before a Final

Can I give my house to my children before I die?

There are various points to consider before gifting your property to someone else, including but not limited to: deliberate deprivation, gift with a reservation of benefit and potentially exempt transfers. What is Deliberate Deprivation of Assets? This

I am a First-Time Buyer…. What do I need to know?

Johnson Astills understand that property transactions, such as buying or selling a house can be a stressful process for any of our clients, but even more so for first-time buyers. Buying your first property is exciting and

What happens if my spouse dies during our divorce?

Divorce is a stressful period for anyone, but it can be made more difficult by the death of an estranged spouse. The final Divorce Order (previous called a Decree Absolute) is the document that legally ends a

Crowned with Care

For all children, going into the Care system can be extremely daunting. Local Authorities do their utmost to ensure that children are placed with culturally appropriate foster carers, but this is not always the case. Can you

Divorce Day 2025

What is Divorce Day? It is believed that couples are more likely to end a relationship after spending the  festive period together, therefore the first working Monday of the new year is referred to as ‘Divorce Day’.

Navigating Pensions in Divorce Proceedings

It can be a challenging prospect trying to deal with pensions in divorce proceedings. However, it is an asset that your spouse can make a claim over when considering how to divide the finances of the relationship.

The Queen and Domestic Abuse

On Monday 11th November, ITV released a documentary entitled “Her Majesty The Queen: Behind Closed Doors” which told the story of several domestic abuse survivors and detailed the Queen’s work to raise awareness about the prevalence of

What is a Section 7 Report?

A Section 7 Report is a court-ordered document prepared under Section 7 of the Children Act 1989. It is ordered when parents cannot agree on arrangements for children’s care, usually only if there are any aspects of

How long will my information stay on Police Record?

The Police National Computer (PNC) retains all records of arrests and summons, regardless of the outcome. This information remains on the system until the individual reaches 100 years old. In addition to police records, DNA profiles and

Do I Need a Legal Representative for a Police Interview?

Yes! Whether you are under arrest or asked to attend the police station voluntarily, being interviewed by police under caution can be an intimidating experience, a legal representative can safeguard your interests, ensure your rights are protected,

What is an application for Exceptional Hardship?

An application for exceptional hardship can be made when a driver accumulates 12 or more penalty points on their licence within any 3-year period, leading to a potential disqualification under the totting up ban provisions in Section

How accurate can hair strand tests be?

Often drug and alcohol tests are ordered during the care proceedings process. Parents are required to provide a section of their hair which is tested to consider if they have been misusing substances. It has recently been

Will I be affected by the Autumn Budget?

What is the Autumn Budget? The Autumn Budget is an update from the UK Government about the state of the economy. It was launched on 1st November 2024. According to the UK Government, the aim of the

What is a Risk Assessment?

If the Local Authority is completing a risk assessment, they are doing so to determine if there is a likelihood of a significant risk of harm to a child. This could be due to concerns regarding domestic

Blog How we are raising funds for the Poppy Appeal

How did you support The Royal British Legion’s Poppy Appeal last year?  Did you buy a poppy? Johnson Astills are supporting The Poppy Appeal again this year by adding a ‘poppy’ to our logo on our website. The

What is a Special Guardianship Order?

A Special Guardianship Order can be made when the Court determines that a child requires a long-term and stable placement which offers more permanence than a Child Arrangement Order. The need for a Special Guardianship Order can

What is an Advance Decision?

An Advance Decision is a statement of instructions about what medical and healthcare treatment you want to refuse in the future, in case you lose mental capacity to make these decisions. It only applies to refusing specific

How do I include my step-children in my Will?

When writing a Will, the term ‘my child’ or ‘my children’ does not automatically include step-children, it only includes biological children and formally adopted children of the person making the Will. If you wish to include step-children,

Drunk in Charge of a Vehicle offence

Where there is no evidence that a vehicle has been driven by a defendant whilst over the prescribed limit, a charge of drunk in charge of a vehicle may be brought. In order to be guilty of

What is an Initial Viability Assessment?

I am being asked to provide friends / family members to put forward for an Initial Viability Assessment, what does this mean If you are contacted by Social Services and told they are initiating Pre-Proceedings or Care

World Mental Health Day

Every year, World Mental Health Day is recognised by the World Health Organisation on the 10th October. The theme of this year’s World Mental Health Day is ‘it’s time to prioritise mental health in the workplace.’ This

Free Wills Month

Johnson Astills are pleased to announce that we are taking part in Free Wills Month during October 2024. Free Wills Month brings together a group of well-respected charities to offer members of the public the opportunity to make simple Wills

Property transactions – will there be any hidden costs?

Johnson Astills understand that property transactions, such as buying or selling a house can be stressful and expensive. Conveyancing fees are the legal and administrative costs associated with transferring property ownership and will depend on the specific

Domestic Abuse Awareness Month

October typically welcomes the ‘spooky’ season and winter months, however it is also Domestic Abuse Awareness Month. This is recognised annually to raise awareness about domestic violence and abuse and more importantly, how to recognise it, how

TOLATA Claims

If you are an unmarried couple who is cohabiting and upon separation you have a dispute regarding a property or land that is jointly owned or have a financial interest in, your principal remedy is to apply

Driving Without Due Care and Attention

What is driving without due care and attention? The offence of driving without due care and attention (careless driving) is committed when your driving falls below the minimum standard expected of a competent and careful driver or driving

What is Threshold in Care Proceedings?

Threshold is an important document in Care Proceedings which sets out a list of concerns and is different for each case. This document is designed to prove to the Court that a child is suffering or is

What is a Business Lasting Power of Attorney (LPA)?

What is a Business Lasting Power of Attorney (LPA)? A Business LPA is a legal document that allows you to authorise a chosen individual (an Attorney) to make decisions concerning your business interests if you are unavailable

Can I still see my child even if they have been adopted?

In recent years, the Family Court has placed further emphasis on the consideration of post-adoption contact. This is where children who have been removed from their parents’ care and have been adopted by a new family will

Solicitor or Conveyancer?

What is Conveyancing? Conveyancing is the legal process that must be undertaken to transfer the ownership of a property. Should I instruct a conveyancing firm or a solicitor’s firm? Both Conveyancers and Conveyancing Solicitors specialise in the

What is Special Contribution in Matrimonial Finance?

In divorce under English Law, the Court begins with a 50:50 starting point when considering a financial settlement. The court then decides whether there should be a departure from equality. Contribution is one of the factors which the court

I’m not on my child’s birth certificate but I am the father!

Where do I stand with parental responsibility? When entering the care proceedings process father’s that are not registered on their child’s birth certificate or have not acquired parental responsibility via other means for example a parental responsibility