Under current legislation in England and Wales, divorce does not revoke your Will. Once the divorce or civil partnership dissolution is finalised, your Will remains valid, but your ex-spouse is treated as having died during your lifetime.
Care Proceedings are issued by the local authority when they have concerns about the welfare of a child. The court process is intended to conclude after 26 weeks, and the Family Court must then decide what arrangements
The protection of your human rights is vital in all aspects of the law. It is natural to wonder how these rights are maintained in Care Proceedings for parents, especially where the Local Authority are applying for
The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLR 2017) came into force in June 2017. The Solicitors Regulation Authority (SRA) has developed Anti-Money Laundering (AML) guidance for the legal sector to
On 16th July 2025, the Home Office unveiled a £53million landmark package aimed squarely at the most dangerous domestic abuse perpetrators across England and Wales. The goal of the package is to tackle domestic abuse at its source,
If social services are involved with your family, you may be asked to take part in a Parenting Assessment. This is a detailed process where professionals look at how well you meet your child’s needs and whether
On the 2nd July 2025, the Supreme Court delivered a judgement in relation to the case of Standish -v- Standish [2025] UKSC 26. This case had been closely watched by family law solicitors, including our experts at Johnson
Under current legislation, if you have prepared a Will and then subsequently get married, or enter a civil partnership then this automatically revokes (cancels) your existing Will. There is an exception if the Will is drafted in
When social services become involved with families it can be frightening and overwhelming. Many parents worry that ‘social services want to take my children away’ but the reality is the law requires local authorities to assist and
Involvement with social services can be very difficult for families and many people wish to escape so that they do not need to deal with any intervention or scrutiny from social workers and other professionals. If the
At Johnson Astills we appreciate that selling a property can involve a lot of paperwork and a lot of questions that you may be unsure of. We have put together this brief guide to assist you with this process.
Since the launch of the new scheme in April 2025, financial remedy cases with limited means can be dealt with quicker. The details of this procedure are set out within Practice Direction 36ZH and supplement the Family
The Drive Partnership is a partnership between Respect, Safelives and Social Finance. Respect: a membership organisation leading the development of safe and effective work with perpetrators, male victims, and young people using violence in their close relationships. Safelives: is
If you are a parent going through Care Proceedings, drug testing might be something that the Court asks you to do. One newer test you might hear about is called Patch Testing. It is important to understand
What is Agricultural Property Relief (APR)? APR is a type of IHT relief which reduces the amount of tax that farmers and landowners must pay when farmland is passed down to their next generation. What is Business
When you have a child ‘parental responsibility’ refers to 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. The term focuses
If the Local Authority have concerns about a parent’s ability to care for a child, they may request or complete an assessment of that parent’s ability for care for them. The concerns may arise from an injury
Johnson Astills are authorised and regulated by the Solicitors Regulation Authority and are proud members of the Law Society’s Conveyancing Quality Scheme (CQS). All solicitors are legally required to verify client identities to comply with Money Laundering Regulations;
In recent years, the Family Justice System in England and Wales has faced increasing pressure and delays within family proceedings have become more common. These delays are significantly affecting families by way of uncertainty in respect of
It is safe to say that divorce has never been more straightforward since the introduction of the ‘no fault divorce’ legislation in the UK. Where online services and easy-fix solutions are readily available, the appeal for separating
Being involved in Care Proceedings is often one of the most stressful experiences a parent or guardian can face. When your family life is under scrutiny of the Family Court, it is natural to want to talk
Being invited or taken to a police interview under caution can be a stressful and confusing experience, especially if it’s your first time. Whether you attended voluntarily or were arrested, knowing what happens after the interview is
When someone dies, their estate must be distributed to the relevant beneficiaries. This will either be the beneficiaries named in a valid Will, or, if not, on the application of the Rules of Intestacy. The Personal Representatives (PRs)
If you have any involvement with social services that relates to your alcohol misuse it is likely you will be asked to undertake alcohol testing. There are lots of different methods that social services may use to
Who can deal with a deceased persons estate? The Personal Representatives are responsible for dealing with the estate. Where a valid Will exists, the Personal Representatives are the Executor(s) appointed in the Will. In the absence of
There are three levels of public funding for parents whose children are involved with social services. These are Legal Help Level 1, Legal Help Level 2, and Full Representation under Legal Aid. The level of funding you
This year, National Stalking Awareness Week will take place on 21st April – 27th April 2025 and the aim is to raise awareness around the signs of and how to spot stalking. It is estimated 1 in 5 women,
When the legal ownership of a property is transferred, this is known as a transfer of equity. This process allows property owners to add their names onto the title of the property or remove themselves from the
It is an offence if you fail to provide details of a driver, to the police, at the time an alleged offence has been committed, under S172 of the Road Traffic Act 1988. The registered keeper of
Every life lost following domestic abuse leaves behind a family heartbroken. For too long these deaths have been treated as ‘unavoidable tragedies’, but they are not.’ – Julie Devey, Chair of Killed Women (organisation and network for
Child protection conferences are an important part of the child safeguarding process. When professionals suspect that a child is at risk of significant harm, a Child Protection Conference may be arranged to assess the situation, create a
This year marks the 20th anniversary of the Civil Partnership Act 2004 which came into force on 5th December 2005. The first civil partnership registration took place on that same day allowing same-sex couples to enter a similar lifelong
Re B-S was a Care Proceedings case that took place in 2013 and has shaped how Local Authorities are expected to evidence analysis when showing their final care plans. Whilst there has always been a duty on
Driving under the influence doesn’t only apply to alcohol. Drug driving is a serious offence with dangerous consequences. But what exactly does being “over the limit” mean when it comes to drugs, and how do police test
There are many difficult decisions that need to be made when a divorcing couple are separating their finances from each other. For those parents who choose to send their children to private or public schools, there is
How long are the Probate Registry taking to issue a Grant of Representation? HMCTS have recently confirmed that Probate Registry wait times, for straight forward applications, for a Grant of Representation have more than halved. The average
What is Stalking? Under the Protection from Harassment Act 1997, stalking is recognised as a pattern of repeated, unwanted behaviour that causes distress or fear in the victim. Examples of stalking behaviour are; following a person contacting, or
Social Services will usually become involved with a family because they are worried that the care being provided to a child is not reaching a good enough standard. However, Social Services can and will be approached by
Deputyship applications can be made to the Court of Protection for an order appointing you as Deputy to manage the property and financial affairs of your friend / relative. Becoming a Deputy for your friend / relative means
Why do I need to update my Will? It is important to make sure that your Will reflects what you would want to happen to your estate if you were to die now. This way, it gives
The aim of the Pathfinder pilot is to bring together local authorities, police and other support services to gather and share information on a private law (applications brought about by parents) children case at the earliest opportunity.
Any type of property transaction involves several important steps and sometimes this process can be time consuming. As we draw closer to the Stamp Duty Land Tax deadline on the 31st March 2025, thousands of individuals across England
Gisele Pelicot is a name that, in certain circles, is associated with personal strength and resilience. She has recently emerged as a symbol of survival, particularly by those affected by Domestic Abuse. Her journey intersects with issues
In order to obtain a Grant of Representation from the Probate Registry (which includes a Grant of Probate), an application fee must be paid. The application fee is currently a flat fee of £155 if a Solicitor
It is not uncommon that following a breakdown of a relationship, that one party wishes to relocate (with their child(ren)) either in the UK or abroad. This can be a complicated and emotional process with legal implications
Exploring Family Placement Options in Care Proceedings: Special Guardianship Orders, Child Arrangement Orders, and Kinship Fostering When a child is unable to remain in the care of their birth parents, there are several options for family placements
A Fixed Penalty Notice (FPN) is an official notice issued by the police for certain driving offences. Fixed Penalty offences, such as speeding, driving without insurance, using a mobile phone while driving, an FPN may be issued
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
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
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
