What is a Letter of Wishes?
A Letter of Wishes is a confidential and non-binding document that should be read in conjunction with your Will. The aim of a Letter of Wishes is not to replace your Will, but to guide your Executors
Firm News
I am on my child’s birth certificate, however I am not the child’s biological father, do I have Parental Responsibility?
Under Section 3 of the Children Act 1989, Parental Responsibility is defined as the rights, duties, powers and responsibilities that a parent has concerning a child. By having Parental Responsibility for a child, a person is able
Supporting Women in Law – Why Being a Parent Should Never Be a Barrier to a Legal Career
Each March, International Women’s Day provides an opportunity to reflect on progress made towards gender equality while recognising the challenges that remain. In the legal profession, one continuing concern is the number of talented women leaving their
New Sentencing Rules in 2026 – Everything you need to know
The introduction of the Sentencing Act 2026 makes a change to defendants being sentenced in criminal proceedings. The main changes For prison sentences of 12 months or less, there is a presumption that these will be suspended,
“Honour”-Based Abuse – New Guidance Issued by the Crown Prosecution Service
New guidance has recently been released by the Crown Prosecution Service (CPS) in relation to “honour”-based abuse. This guidance has been updated to reflect growing concerns around evolving forms of abuse. The aim of this is to better
Why has my child been appointed a Guardian and who is this?
When Care Proceedings are initiated to protect the welfare of a child, an important and key figure in this process is the Children’s Guardian. A Children’s Guardian, previously known as a Guardian ad litem, is an independent
What is the difference between a Will and LPAs?
A Will is a document that allows you to decide what happens to your estate when you die. It usually appoints someone you trust to be able to manage your estate and affairs on your death. It
Separation for Unmarried Cohabiting Couples: The Key Legal Insights
When couples separate, the legal differences can be significant depending on whether they are married or unmarried. Married Couples Married couples benefit from specific legal protections and entitlements under the Matrimonial Causes Act 1973. This legislation allows
How would I know if a loved one had any debt?
If you are appointed to act as a Personal Representative (PR), you have a legal duty to settle all liabilities of the deceased’s estate. However, when a loved one dies, it can be difficult to know the
How are pensions dealt with on divorce?
Many people pay into pensions their whole lives without really thinking about it. It can therefore come as a surprise when divorcing that pensions are treated as a matrimonial asset, in the same way as other assets
Will my children be adopted/ placed in long term foster care together?
Sibling relationships are often the longest relationship we will experience in our lives. During Care Proceedings, the Local Authority recognise the importance of sibling relationships and therefore aim to keep siblings together where possible, when making decisions.
Why Care Proceedings Take 26 Weeks (and Why They Often Don’t)
Parents involved in Care Proceedings will almost always be told about the “26-week” timetable”. The law is clear that Care Proceedings should usually be concluded within 26 weeks, or around six months, from the date the application
How Are Assets Divided In A Divorce?
If you are facing a divorce, you will undoubtedly have scores of questions about the process and likely outcomes. One question that our specialist family law solicitors are asked time and again is, ‘How are assets divided
How Are Pensions Split in a Divorce in England and Wales?
Pensions are often one of the most valuable assets in a relationship, and how they are split on divorce in the UK can have a profound impact on each person’s future financial security. If you need answers
High Net Worth Divorce Lawyer
High-net-worth divorces often involve a number of issues not seen in standard divorce cases. The financial stakes are higher, the assets are more complex, and the potential for dispute is greater. That is why seeking specialist advice
What if I don’t know if a loved one left a Will?
When a loved one dies, it is often difficult to find information relating to their estate, any assets they may have held, and whether they prepared a Will during their lifetime. Our expert solicitors at Johnson Astills
Public Law Outline
Understanding the Public Law Outline. When a Local Authority (council) becomes worried about a child’s safety or wellbeing, it can step in. In England and Wales, the rules for how this happens are mainly set out in
Mediation, specifically child-inclusive mediation: what is it, how does it work, and what are its benefits?
The rules for Family Courts in England and Wales are outlined in the Family Procedure Rules 2010. There have been many amendments to these rules over the years, one example being the Family Procedure (Amendment No 2)
Proposal to lower the drink drive limit
In a bid to tackle reducing fatalities and serious injuries caused by driving offences, the Government proposes to reduce the legal limit for drink driving. This change would be the first in nearly 60 years, with drivers
What is an Asset Search?
If you are acting as a Personal Representative (PR) of an estate, you have a legal obligation to identify all assets and liabilities of the deceased’s estate. An Asset Search will aid you in establishing any financial
My child has been removed but I haven’t been to Court! Is this legal?
There are two ways a child can be removed from a parent or guardian without the need for a Court Order. This is through the parent or guardian signing a Section 20 Agreement, or through the police
Divorce Day 2026
Divorce Day is upon us once again. This is the day when family law teams around the UK receive their highest amount of calls, and usually falls on the first working Monday of each year. For 2026,
What is a Residential Parenting Assessment and How do Courts Use Them?
When social services have serious concerns about a child’s safety or a parent’s ability to meet their needs, the Court may consider a residential parenting assessment. This involves the parent and their baby or young child staying
Fee for Grant of Representation
From 17th November 2025, the fees for obtaining copies of Grants of Representation which are; a Grant of Probate, Grant of Letters of Administration with Will Annexed or Letters of Administration has increased from £1.50 per copy
What is a Section 47 Investigation?
The detail of a section 47 investigation is set out in s.47 Children Act 1989. It applies when the Local Authority/Children’s Social Services have received a referral which has been made to them by any person who
Sara Sharif, murdered by her Father and Step-Mother, failed by the Family Court? What needs to change?
The Ministry of Justice could come under pressure to fund and accelerate the expansion of ‘Pathfinder Courts’, following an independent review of the murder of 10 year old Sara Sharif, published by the Child Safeguarding Practice Review,
Driving whilst using a mobile phone
Using a mobile phone or any handheld device while driving is one of the most common road traffic offences prosecuted in the UK today. What may seem like a quick glance at a message or a brief
Government to consider changes to Cohabitation Law? Why is this a big deal and what it means for you.
The Government has faced increasing pressure to confirm its plans for reform of its cohabitation law, to strengthen the rights and protections offered to those in cohabiting relationships. More people are living together without marrying. There are
What is a Cognitive and Capacity Assessment?
When a Local Authority issues Care Proceedings, the Court must ensure that all parties can participate effectively in the process. One crucial consideration is whether a parent has the mental capacity to understand, engage with and instruct
Good Divorce Week 2025
The week commencing the 10th November 2025 has been designated Good Divorce Week by Resolution, an organisation comprising family lawyers committed to resolving family law matters as amicably as possible. Whilst not all of our Family Solicitors
What is a Longstop Provision in a Will?
When people make a Will, they do this to ensure that their estate passes to their chosen beneficiaries. Something that is often not considered is what would happen to a person’s estate if all of their nominated
Who and What is the Official Solicitor?
A person who lacks litigation capacity will be allocated a case worker on behalf of the Official Solicitor to act as their Litigation Friend in Court Proceedings. The Official Solicitor acts as a last resort representative for
Happy Halloween!
Halloween often sees the rise in anti-social behaviour crimes, with people out ‘trick or treating’. But this year Halloween falls on Friday 31st October 2025, with the spooky occasion falling on a Friday, police are expecting a
What will Children’s Services do about Domestic Abuse?
Domestic abuse can have a significant impact on every part of family life, including when Children’s Services become involved. Many parents worry that asking for help will mean that their children are taken away, but in most
What does ‘joint tenants’ or ‘tenants in common’ mean on death?
When a property is owned by two or more people, it can be owned in two different ways – joint tenants or tenants in common. The way in which you own your property can determine how it
Types of Harm Considered in Care Proceedings
When the family Court deals with care proceedings, the main question is whether a child is suffering, or is likely to suffer, ‘significant harm’. This term comes from the Children Act 1989, which sets out the legal
What is an Emergency Protection Order?
An Emergency Protection Order (EPO) is a time limited protective order for emergency situations where there is a reasonable cause to believe that a child is likely to suffer significant harm. The three grounds on which an
What is a Property Information Form?
The Property Information form, known as the TA6 form, is a detailed questionnaire about the sale property that sellers are required to complete and return to their solicitor / conveyancer. The form is designed to give the
Football Banning Orders
Now that the football season is back in full swing, the police continue to take action over disruptive fans at football, with ongoing arrests and continued applications for football banning orders. What is a Football Banning Order?
Government Action to Protect Children from Abusive Parents in the Family Courts?
Every child involved in court proceedings deserves to be safe. However, new evidence published on 21st October 2025 shows that assuming it is always in the best interest of a child to have the involvement of both
How Often Will I See My Child During Care Proceedings?
When Care Proceedings begin, one of the biggest concerns for parents and families can be how much contact they will have with their child. The law recognises how important these relationships are and contact arrangements must be
What happens to my Will if I get divorced?
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.
What final orders can be made at the conclusion of Care Proceedings?
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
What are the Money Laundering Regulations 2017?
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
Landmark Package to Pursue Domestic Abuse Perpetrators
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,
How can I prepare for a Parenting Assessment?
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
Standish -v- Standish – Clarification as to Non-Matrimonial Assets
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
What happens to my Will if I get married or enter a Civil Partnership?
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
Child in Need through to Care Proceedings
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
I am selling my house – why do I have to complete so much paperwork?
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.
