Author Archives: AGR LAW

Navigating school-related decisions can be one of the more complex aspects of co-parenting following a separation.

Under the law of England and Wales, key decisions about a child’s education fall within the scope of ‘parental responsibility.’ This means that, unless a court order says otherwise, all individuals with parental responsibility should be involved in making important decisions such as:

• Selecting a school
• Approving a change of school
• Addressing significant educational needs

This blog provides an overview of how school-related decisions can be handled following separation, the legal options available when disputes arise, and the importance of safeguarding considerations for your child.

Making decisions about your child’s education

Choosing the right school for your child comes with great responsibility, and that mustn’t be underplayed. Their school experience shapes their character, influences their social development and plays a huge part in their future aspirations. So where do you stand if you have a difference in opinion on where your child goes to school?

Your Child Arrangements Order will determine who a child lives with, spends time with, or has contact with, however, it’s possible that both parents may retain parental responsibility.

Outlined in the Children Act 1989, parental responsibility is defined as: ‘All the rights, duties, powers, responsibilities, and authority a parent has by law in relation to their child and the child’s property.’ This refers to the legal rights and duties that require and enable parents to make appropriate decisions about their child’s upbringing.

It includes making a parent responsible for their child’s:

• Schooling and education
• Welfare
• Discipline
• Medical treatment
• Religion
• Name – choosing, registering or changing
• Living arrangements
• Travel abroad – holidays or relocation

In practice, this requires parents to communicate effectively to reach mutual decisions and to prioritise the child’s best interests above all else. However, it’s common to have differences in opinion on such crucial decisions.

In such situations, it’s advisable to attempt resolution outside of court wherever possible, perhaps supported by other family members. Open discussion or family mediation can often help parents reach a workable agreement. In many cases, attending a Mediation Information and Assessment Meeting (MIAM) is a necessary step before making a court application.

Where agreement cannot be achieved, either parent may apply to the Family Court for a Specific Issue Order or a Prohibited Steps Order:

• A Specific Issue Order allows the court to determine a particular matter, such as which school the child should attend
• A Prohibited Steps Order may prevent one parent from making unilateral decisions, for example removing a child from their current school without consent

The court’s paramount consideration in all such cases is the welfare of the child. This is assessed using the ‘welfare checklist,’ which includes factors such as the child’s physical, emotional, and educational needs and the likely effect of any change in circumstances. Also, where appropriate, the child’s own wishes and feelings (depending on age).

The court will also consider practical matters, such as travel distance, continuity of education, and each parent’s ability to support the child’s schooling.

Education law vs family law

When it comes to child arrangements and school-related legal concerns, it is crucial to understand the legal framework and responsibilities involved. In England, schools are required to engage with parents in various ways, especially in disputes between parents claiming parental responsibility for a child.

Parents may be recognised differently under education law and family law because the two systems serve different purposes and use different legal tests, and any disputes about parental responsibility are for the courts to decide.

Family law is primarily concerned with the child’s overall welfare and long-term upbringing after parental separation. It focuses on issues such as where a child lives, how time is shared between parents, and how major decisions are made. The guiding principle is the child’s best interests, assessed holistically under the welfare checklist. Both parents may have parental responsibility, but the court can regulate or restrict how it is exercised if necessary to protect the child.

Education law, by contrast, is concerned with the practical administration of schooling and safeguarding within an educational setting. Schools and local authorities must make day-to-day decisions efficiently and in accordance with statutory duties, such as ensuring a child receives suitable education and that safeguarding concerns are acted upon quickly. Because of this, education law often operates on clearer administrative rules rather than resolving wider disputes between parents.

This can lead to differences in how parents are ‘recognised’ in practice. For example, schools will usually assume that all individuals with parental responsibility have equal rights to information and involvement, unless they are made aware of a court order restricting those rights. However, they are not required to adjudicate disputes between parents; if there is conflict, they will typically continue to act in the child’s immediate educational interests, while advising parents to seek legal resolution.

Safeguarding concerns for your child

Child safeguarding is a critical consideration in both educational decisions and wider custody arrangements. Schools themselves have statutory safeguarding duties and are required to promote the welfare of children, identify concerns, and take appropriate action where risks are identified. Where there are allegations or evidence of harm, neglect, or abuse, these concerns may significantly impact both schooling decisions and living arrangements.

In cases involving safeguarding issues, the court may request input from organisations such as Cafcass (Children and Family Court Advisory and Support Service) or local authority children’s services. Safeguarding concerns can lead to more restrictive arrangements, including supervised contact or limitations on a parent’s involvement in decision-making. The court may also consider whether a particular school placement supports the child’s safety and emotional wellbeing, especially if there has been disruption or trauma.

Existing child arrangements orders play a key role. They can directly affect school attendance, travel, and participation in extracurricular activities. A change in school may, in some cases, necessitate a variation of these arrangements.

How AGR Law can help parents

Family law determines the legal framework for parental rights and responsibilities following separation, while education law governs how those rights are practically applied in a school environment.

The overlap between the two can sometimes create confusion, but both systems ultimately prioritise the child’s welfare and safety. Schools should seek legal advice to ensure compliance with education law and to protect the rights and responsibilities of parents.

Ultimately, early legal advice can be invaluable in navigating issues. A clear understanding of parental responsibility, the legal framework, and safeguarding obligations can help parents avoid unnecessary conflict and ensure that decisions are made in a way that supports the child’s welfare, stability, and long-term development.

Contact our experienced team at hello@agrlaw.co.uk or 0116 340 0094 if you need support or advice.

The AGR Law team prides itself on providing the best legal advice and representation, along with compassionate yet efficient client service.

Another area we never compromise on is compliance. Not only to uphold our excellent reputation, but also because certain standards are mandatory for our licence to practise law.

In this blog, we talk you through what you should be looking for in a law firm to ensure anyone you approach for legal support is regulated, trustworthy, and operating lawfully.

Our accreditations

You may have seen that we display four marks in the footer of our website, which demonstrate:

• Lexcel accreditation
• Solicitors Regulation Authority (SRA) authorisation
• Resolution membership
• Cyber Essentials certification

We’re going to explain each one below.

What is the Lexcel mark?

The prestigious Lexcel mark is an award set by The Law Society. That’s the independent professional body for solicitors in England and Wales that protects everyone’s rights and drives excellence amongst legal professionals.

Law firms that hold the Lexcel Mark are rigorously assessed to ensure they can demonstrate continuing excellence across several areas. They are also able to offer Legal Aid work, meaning that clients can access legal advice and representation with a reduced financial strain.

Lexcel accreditation is for three years, after which a full reassessment takes place. In addition, there are annual maintenance reassessments at the end of years one and two.

What does the Lexcel Mark mean to you as a client?

Any firm holding the accreditation will:

• Give new clients terms of business and estimated costs
• Have a robust complaints procedure
• Have policies and procedures in place to govern risks, such as outsourcing and money laundering
• Follow guidelines for case management, including data protection

What is Solicitors Regulation Authority (SRA) authorisation?

Several types of legal advisors make up our sector, including paralegals, McKenzie friends and Will writers. Some are regulated, but not in the same way as solicitors are.

In order to practise as a solicitor in England and Wales, you have to be authorised by the SRA.

AGR Law is an SRA-regulated firm, meaning we follow the SRA’s rules. Additionally, our solicitors are SRA-regulated solicitors, meaning they are allowed to practise law.

What does the SRA authorisation mean to you as a client?

The SRA protects the public by ensuring:

• Solicitors and law firms meet their high standards
• They act against solicitors who don’t follow their rules
• They support clients to get their documents and money back, if, as an example, a law firm shuts down suddenly

In addition, the SRA can prosecute, fine, suspend or strike off solicitors in cases of serious misconduct. They can also close firms down if there is a serious risk to the public.

What is Resolution membership?

Resolution is a community of family justice professionals who work with families and individuals to resolve issues in a constructive way.

What does the Resolution membership mean to you as a client?

As members, AGR Law has signed up to a code of practice, which is applied to our everyday work. This means our approach is to:

• Reduce conflict and confrontation
• Put children’s interests first
• Act with honesty, integrity and objectivity, listening to and treating clients with respect in a non-judgemental way
• Explain options available to clients and any potential long-term consequences of decisions
• Continually develop our knowledge and skills

What is Cyber Essentials certification?

Cyber Essentials is a checklist of controls a business can have in place to protect it from online security threats.

Accreditation focuses on five key areas:

• Firewalls – blocking unauthorised access to our network
• Security update management – keeping all software and systems updated, fix flaws, and remove or upgrade anything outdated or unsupported
• Malware protection – antivirus software to stop malicious programs
• User access control – removing old access and only giving users access to what they need
• Secure Configuration – setting up devices and software securely to reduce vulnerabilities

What does Cyber Essentials certification mean to you as a client?

Any holder of a Cyber Essentials certificate can demonstrate that they have assessed their systems and completed an online assessment which has been marked by a Cyber Essentials Assessor.

To sum up

Compliance isn’t just nice to have; it’s integral to our operations and demonstrates our commitment to behaving ethically and safeguarding your interests.

We value the trust you place in us with your most sensitive information, and our proactive measures ensure you can have complete confidence in our practises.

If you’d like to know more, please visit our website HERE and if you have any queries, please contact us at hello@agrlaw.co.uk or call 0116 340 0094.

When relationships break down, discussions about children can quickly become the most sensitive and emotionally charged aspect of a separation.

As a parent, your priority is to protect your child’s wellbeing and ensure they feel secure, loved and heard. Navigating child arrangements can feel overwhelming, particularly when communication with your former partner is strained or not possible.

There are formal and structured ways to resolve disputes about children, and court is not always the first or best option.

Courts in England and Wales expect parties to explore alternatives before escalating disputes to them. Family mediation and other structured alternatives often produce more suitable and sustainable outcomes, preserving parental relationships and reducing expense, time and stress.

This article explains:

• How child arrangements are handled
• How mediation works – its benefits and limitations
• When an application to court becomes unavoidable

What are child arrangements?

When parents separate, decisions must be made about where the child will live, how much time they will spend with each parent, how holidays, birthdays and special occasions will be shared, and how major decisions, such as where they will be educated, their healthcare, which religion they should follow and more, will be made.

If parents cannot agree, they may apply to the Family Court for a Child Arrangements Order under the Children Act 1989. A Child Arrangements Order determines who a child lives with, spends time with, or has contact with.

The court’s paramount consideration is always the child’s best interests and welfare. Judges apply the ‘welfare checklist’, considering factors such as the child’s wishes (unless they cannot express these due to their age, mental capacity etc.), emotional and educational needs, and the impact of any changes in circumstances.

However, before making an application to court, parents are usually expected to explore structured alternatives, such as family mediation.

Family mediation

Family mediation is a structured, confidential process where an independent, specially trained mediator helps separated parents discuss arrangements for their children.

The mediator does not take sides or make decisions; instead, they facilitate constructive conversations and help both parents to reach workable, child-focused agreements, that are sustainable for the future. In some instances, wider family members can also be brought in where appropriate.

Before issuing a Child Arrangements Order, both parents are required to attend a Mediation Information and Assessment Meeting (MIAM), unless an exemption applies (for example, in cases involving domestic abuse or urgency). The aim of a MIAM is to reach a written agreement, which can become a consent order if the court approves it.

You can find accredited mediators through organisations such as the Family Mediation Council.

The mediation process is relatively straightforward and follows four simple steps:

• Step 1 – Initial enquiry: One parent contacts a mediator, who will then invite the other parent to participate
• Step 2 – The Mediation Information and Assessment Meeting (MIAM): Each parent attends a separate confidential meeting with the mediator. This allows the mediator to assess whether mediation is suitable and if it is safe to proceed
• Step 3 – Joint mediation sessions: If deemed appropriate, joint mediation sessions are arranged and can be conducted either face-to-face or online. The mediator will facilitate discussions about your child’s living arrangements, the frequency of contact and communication methods which are appropriate for each parent
• Step 4 – Memorandum of Understanding: If an agreement is reached, the mediator prepares a Memorandum of Understanding or a formal written agreement. While this document is not legally binding, it can be turned into a consent order by a solicitor and approved by the court

It’s important to note that mediation is voluntary, and either party can withdraw at any time.

Benefits of mediation

Mediation encourages cooperative parenting with a child-focused solution. Parents are better placed than a judge to understand their child’s routines, personality and needs. Agreements reached collaboratively often feel more practical and suitable for the child’s wellbeing.

Court proceedings can heighten tension and cause conflict, which puts additional strain on an already fractured relationship. Mediation promotes respectful communication and can lay the foundations for improved long-term co-parenting.

Family mediation can also prove to be more cost-effective, particularly if legal representation is required for court, quicker and less stressful for all involved.

Potential drawbacks of mediation

While mediation is valuable, it is not suitable in every case. If there has been domestic abuse, coercive control or intimidation, mediation may not be appropriate.

Although mediators are trained to identify and manage imbalance, safety is paramount. Mediation depends on honesty and willingness to engage cohesively. If one parent refuses to attend or participate meaningfully then the process may break down.

It’s also worth noting that if one parent later backs out of the written agreement reached in mediation, then it may still result in court involvement.

When court becomes unavoidable

Despite their best efforts, many separated parents struggle to agree or compromise over their child’s living arrangements, even if they both think they have the child’s best interest at heart.

When this is the case, legal proceedings are the only way forward. Here are some examples of scenarios where court becomes unavoidable:

• Safeguarding concerns: If there are allegations of domestic abuse, substance misuse, neglect or harm, the court may need to intervene. The court can order safeguarding checks through the Children and Family Court Advisory and Support Service (CAFCASS) and hold fact-finding hearings where necessary
• Urgent situations: If a child is at risk of being removed from the country without consent, or there is an immediate welfare concern, urgent court applications may be necessary
• Breakdown in communication: Where there is entrenched hostility and no realistic prospect of agreement, the court may provide clarity and structure
• Repeated breach of agreements: If one parent persistently fails to comply with informal arrangements or mediation agreements, a court-issued Child Arrangements Order provides enforceable terms

For cases which result in court proceedings, the court process typically follows these steps:

• Step 1 – First Hearing Dispute Resolution Appointment (FHDRA): A judge or magistrate reviews safeguarding information and explores possible terms of a suitable agreement
• Step 2 – Further information gathering: The court may order CAFCASS reports, statements or fact-finding hearings. A Section 7 report is often requested. This is a child welfare report that provides an independent assessment of the child’s needs, parental capacity, and the recommended arrangements from mediation. A Section 11 report can also be requested. This places responsibility on agencies such as local authorities to carry out safeguarding duties, prepare reports or provide advice to the court where concerns arise. Parents may find themselves at stage 2 for several months, with lots of interim hearings, until the court feels it has enough information to either make a decision or move on to a final hearing
• Step 3 – Final hearing: If agreement cannot be reached through alternative means, the court hears evidence from each party and makes a binding decision about the child’s living arrangements. Judges focus on the child’s welfare above parental preferences and there is a general presumption that involvement of both parents is beneficial, unless evidence shows otherwise

Preparing for mediation

Preparing for family mediation involves practical planning, emotional readiness, and a strong focus on your child’s wellbeing.

Try to have a plan in your own mind about how you see it working, and be prepared to give justification for why. Identify what truly matters for your child’s stability and what you may be willing to compromise on. Writing down your priorities can help you stay focused and calm during discussions.

Prepare practical information in advance. Bring work schedules, school term dates, holiday calendars, childcare details, and any existing informal agreements. If you have concerns, present them factually and calmly. Mediators may also ask for documents such as school reports, medical records and your employment details.

CAFCASS or social workers may intervene to provide independent views or welfare reports. Parties should disclose information honestly; withholding safety‑critical knowledge at this stage could result in the rejection of a written agreement further down the process.

Supporting your child

Regardless of whether matters are resolved through mediation or court, it’s paramount to protect and support the child throughout the whole process. They need reassurance from both parents that the separation is not their fault, and they should be sheltered from conflict and fraught conversations.

As much as possible, it will benefit the child to maintain their usual routine and to be supported by family and friends who remain neutral with their opinions.

Once a decision has been made, it’s often helpful for both parents to sit down together with the child and explain what is changing and why. If this is not deemed to be appropriate or is not feasible, then a family member’s support can be a useful alternative.

AGR Law can help you get the right advice

Seeking early legal advice can help you understand your options, assess whether mediation is appropriate, and ensure that any agreement reached protects both you and your child.

If you would like guidance on mediation, Child Arrangements Orders, or urgent applications within England and Wales, speaking with a member of our specialist team can help you move forward with clarity and confidence during what is undoubtedly a challenging time.

Call us on 0116 340 0094 or email hello@agrlaw.co.uk for advice or to make an appointment.

Starting a new business is exciting, but it’s easy to overlook critical legal requirements while you’re focused on business plans and financing.

In this blog, we’ll walk you through the essential legal aspects every new business owner must address from day one to build a solid foundation for a successful new venture.

Choosing a name for your new business

To avoid any issues, it’s crucial that you choose a unique name for your business. Using one that is already being used by an established business, particularly if it is trademarked, can prove costly as you may be forced to change your business name and pay damages, plus spend time and money rebranding.

Choosing the legal status of your business

The legal status of your business determines:

• Whether you need to register your business with Companies House
• The records and accounts you will need to create
• How much National Insurance will you need to pay
• The level of liability – so what you would be responsible for paying if the business failed

Types of business include:

• Sole trader – the most straightforward option if you are the only owner of the business, as you don’t need to register with Companies House and can complete self-assessment tax returns. As a sole trader you would have unlimited liability, meaning you would be liable for any business debts
• Partnership – two or more people would share the business costs, risks and responsibilities, with each person’s liabilities being proportionate to their share in the business. A Limited Liability Partnership (LLP) would prevent a partner being liable for another partner’s debts
• Limited company – this offers greater financial protection as the company’s finances are separate from your personal finances. You would need to register with Companies House and adhere to their record-keeping requirements. It can be advantageous in terms of tax and obtaining financing

Paying tax and national insurance as a business owner

You must register your business with HMRC as soon as you begin trading so that you can pay tax and national insurance. This can be done online.

To complete your self-assessment, you need to keep records of your sales and expenses from day one of trading.

Paying VAT

At the time of writing this blog, you need to register for VAT if your taxable turnover (the total amount of money your business receives from the sale of goods and services – not just how much profit you make) exceeds £90,000 in 12 months.

Choosing insurance cover

Some insurance cover is a legal requirement, but some is available as optional extra protection that you may want to take out.

We recommend you consider:

• Motor insurance if you are going to be using your vehicle for work
• Professional indemnity insurance to protect you against claims for losses suffered by customers due to you making an error
• Employer’s liability insurance is required for all businesses with employees. It protects from claims an employee could make if they become ill or have an accident in the workplace
• Buildings and contents insurance to protect your premises and items kept on site
• Business interruption insurance may cover you if you are unable to operate due to external factors
• Cyber insurance can cover you to deal with costs of any cybercrime incidents and enforcements
• Income protection insurance covers a proportion of your income if you become unable to work
• Key person insurance can cover costs if an essential employee or owner dies or becomes critically ill
• Money in transit insurance can cover you against theft of money, cheques and bank drafts during transit
• Product liability insurance protects you against legal fees, compensation costs, and damages if a product you design, manufacture, supply, or sell causes injury to a person or damage to property
• Public liability insurance protects you from any costs incurred if a third party such as a customer, client, or delivery person suffers an injury or damage to property
• Shop insurance protects retailers from costs incurred due to customer injury or property damage on the premises
• Theft insurance can cover lost, damaged or stolen items and is typically combined with another policy, such as shop insurance

Insurance costs are usually classed as tax-deductible expenses.

Local authority licensing and planning permission

Some businesses, such as hairdressers and food outlets, require a licence from your local authority. You may also require planning permission if you’re changing the use of a building.

Employing staff

If you want to employ members of staff, you must comply with employment legislation. You will need to:

• Ensure any employees have a right to work in the UK
• Register as an employer with HMRC
• Pay all staff at least the national minimum wage for their age group(s)
• Enrol eligible employees on a pension scheme
• Issue a statement of employment within eight weeks of a start date to all employees who are expected to be employed by you for at least one month
• Take out employers’ liability insurance
• Have a formal health and safety policy and carry out risk assessments if you employ more than five members of staff
• Comply with employment law under various health and safety, equal pay, discrimination and protection Acts

Employment contracts

To comply with the law, you will be required to provide your employees with a contract. It will need to set out employment conditions, rights, responsibilities and duties. These are known as ‘terms’ and are legally binding.

Contracts should specify:

• You and your employee’s names
• The employment start date, job title or description of work
• Remuneration – how much and when the employee will be paid
• Hours/days of work and where it will be carried out
• Holiday entitlement
• The contract end date if it’s fixed
• Probation period and conditions
• Training and benefits such as food allowance

If an employee is expected to work abroad, you will need to include terms to cover this.

You will also need to provide information on sick pay and procedures, other paid leave such as maternity or parental leave, and notice periods. A wider written statement should also specify details about pension schemes and disciplinary and grievance procedures.

Some terms can be implied, such as employees not stealing from you or you providing a safe working environment.

Employment law is complex and constantly evolving. We strongly recommend consulting with a solicitor when drafting contracts to ensure compliance to protect you and your business. Properly structured contracts also provide crucial protection in the event of disputes or tribunal proceedings.

Consumer protection

Depending on the nature of your business, you may need to protect customers from unfair business practices through the Sale and Supply of Goods Act, Distance Selling Act and Trade Descriptions Act.

Data protection – General Data Protection Regulation (GDPR)

GDPR applies to almost all businesses, as nearly every company handles or stores personal data. These regulations require businesses to process data fairly, securely, and transparently while giving individuals enhanced rights to access, correct, and delete their personal information.

How can AGR Law help?

The legal aspects of starting a business can be overwhelming, and the consequences for getting things wrong catastrophic. We recommend seeking legal advice before you start trading, and as your business grows or develops, to ensure you’re covered in the event of any incidents or claims against you.

Please call 0116 340 0094 or email hello@agrlaw.co.uk for further information.

When you marry or enter a civil partnership, your assets may become matrimonial property. If the relationship breaks down, your spouse or civil partner may be entitled to claim a share of these assets during divorce or dissolution proceedings.

This blog focuses on pre-nuptial agreements (pre-nups) and divorce, but the guidance applies equally to civil partners. Civil partners can draw up a pre-civil partnership agreement (known as a pre-cip) and would dissolve their partnership rather than divorce.

What is a pre-nup?

A pre-nup is an agreement that some couples choose to create before marriage to protect their individual assets. It specifies what each partner owns and how assets should be divided in the event of divorce.

Pre-nups are gaining popularity in the UK as more people recognise they aren’t exclusively for the wealthy. Assets of any value, be that financial, sentimental, or personal, are worth protecting.

Are pre-nuptial agreements legally binding?

While pre-nuptial agreements are not legally binding, courts may take them into account when determining the division of finances and assets in divorce cases.

Do I need a solicitor to draw up a pre-nup if it’s not legally binding?

As pre-nups can be considered by the court, we strongly recommend that agreements be prepared by a qualified solicitor. Demonstrating that you received professional legal guidance before signing your pre-nup also strengthens the chances that the court will uphold or partially uphold it.

How can I talk to my partner about pre-nups?

Planning your wedding is typically a happy and romantic time, which can make discussing a pre-nuptial agreement difficult for fear that your partner might doubt your commitment to the relationship.

As solicitors, we’ve witnessed firsthand the conflicts that can arise when couples divorce without a pre-nup in place. We strongly recommend taking this proactive step to protect your assets and to ensure you’ve had open and honest discussions about your financial situation prior to tying the knot.

Ideally, the conversation needs to take place early on in the engagement, but don’t rush into it as the contents of your pre-nup need to be carefully considered.

Before you talk to your partner, consider why you would like a pre-nup. It could be to:

• Ensure heirlooms stay in your family
• Provide for children from a previous relationship
• Protect yourself from any debts your partner has before marriage or incurs during it
• Safeguard your business, its employees or other owners
• Ensure you’re not disproportionately affected if assets were split equally
• Protect yourself from other county’s laws if you’re marrying someone who is not a UK national or you’re planning to move abroad

Clearly explain your reasons for wanting a pre-nup to help your partner understand that this practical approach protects both of you. Your partner may also realise that they have assets or interests they’d like to safeguard, so let them know they have a say in what is included in the agreement and realise that both of you may need to compromise on some areas.

Find a time when you are both relaxed and can talk privately. Your partner will likely respond negatively if they are stressed or emotions are running high.

If your partner is receptive but not fully convinced, encourage them to conduct their own research and seek independent legal advice. Be aware that the courts will not uphold a pre-nup if there’s evidence of coercion or undue pressure.

What to include in your pre-nup

Your pre-nup should be bespoke to your individual circumstances. It is a financial agreement only, so would not include matters such as access to children.

You can include the following in your inventory and specify how it will be looked after during your marriage and split between you, or retained by you, if you divorce:

• Property you own or jointly own prior to marriage
• Savings
  • How any savings will be added to throughout your marriage – you might decide to both put a percentage of your earnings or a set amount of money into a joint account each month
  • Savings you hold in a sole or joint account prior to marriage
• Who will be responsible for paying what, such as the mortgage or utility bills
• Debts your partner has before marriage that you don’t want responsibility for settling
• Inheritance or inherited items you have or expect to receive from your family
• Valuable assets such as cars, antiques and jewellery that belong to you
• Sentimental assets that you’re attached to or should remain in your family
• Your pension
• Your business or businesses and how you’d like employees and/or other owners to be protected
• Premium bonds you own
• Stocks and shares you own
• Your income and maintenance or spousal support

How AGR Law can help?

Our experienced team can support you and your partner in all matters relating to pre-nups or pre-cips. Appointments can be made jointly or individually if you prefer.

Please call us on 0116 340 0094 or email hello@agrlaw.co.uk for more information.

In this blog, we look at the common reasons people change their or their children’s names and talk you through how to go about it.

Why do adults change their names?

One of the most common reasons for changing your name is following marriage, entering a civil partnership or after a divorce or dissolution.

It’s common for spouses to take on their new husband or wife’s surname, either by changing it from their previous surname or creating a double-barrelled last name combining both of their existing surnames.

It’s also common for people to change their surname back to their maiden name, or the name they had before they were married or entered a civil partnership, upon divorcing or dissolution.

Gender reassignment or wishing to have a name which better reflects identity or a cultural background can also be a reason to change your name.

What about minors?

A child’s name can be changed in one of two ways:

• With a Deed Poll – if the child is under 16 and each person with parental responsibility consents, or aged over 16 and one person with parental responsibility consents
• With a Court Order – if someone with parental responsibility does not consent to the name change of a child under the age of 16

The court will only grant a name change if it’s in the child’s best interests and doing so wouldn’t alter their self-identity. To begin the process, the parent seeking the name change would need to apply for a Specific Issue Order.

How do I legally change my name?

If you wish to change your surname to your spouse’s following marriage or civil partnership, you will only require a marriage or civil partnership certificate. This will provide sufficient evidence to authorities such as the DVLA, your bank, or the passport office.

If you wish to change your name back after divorce or dissolution of a civil partnership, you may need to just provide the final or dissolution order but, in some cases, you will also need a Deed Poll.

In all other circumstances, you will require a Deed Poll.

What is a Deed Poll?

A Deed Poll is an official document drawn up by a solicitor when someone wants to legally change their name. It provides evidence of your old and new names and can be used as proof of your new identity to update documents such as your driving licence and passport.

It can be used when you wish to add or remove names or hyphens, or if you want to change the spelling of your name.

Your new name must be pronounceable, not include symbols, numbers or punctuation (with the exception of a hyphen for double-barrelled names or an apostrophe in a name such as O’Connell), and cannot be used to change your title or the capitalised letters in your name. Additionally, it must not be vulgar or offensive.

There are two types of Deed Poll:

• An unenrolled Deed Poll is not registered with the court and does not publicly record your name change. This may be used if you wish to maintain your privacy, such as if you have experienced domestic abuse or stalking
• An enrolled Deed Poll provides a public record of your name change via enrolling it at the Royal Courts of Justice

Both are legally binding, but some organisations only accept an enrolled Deed Poll as proof of your new identity, so we always recommend that this be carried out unless doing so will compromise your safety for the reasons described above.

What are the steps to changing your name via Deed Poll?

To be eligible to change your name via Deed Poll, you will need to be aged 16 or above and a British citizen or resident. If you are under 16, a parent or guardian will need to apply on your behalf.

Our team would begin by drafting your Deed Poll. To do this, we would need your current and new names, your address, and a statement committing to using your new name.

The Deed Poll would need to be signed in the presence of an independent witness who is aged over 18.

If your Deed Poll is to be enrolled, we would submit the necessary documents to the Royal Courts of Justice, along with the fees which you would be responsible for paying.

What happens after you’ve changed your name?

It’s crucial that you update documents and records, such as your:

• Bank, building society or mortgage lender
• Passport
• Employer or an education provider
• Driving licence
• Pension provider
• Utilities companies, internet and mobile phone providers, and TV licence
• Electoral roll
• HMRC
• Police – you have to inform them within three days if you are a registered sex, violent or terrorist offender
• Local council
• Store or loyalty cards
• Insurance providers – car, life, health, etc.
• GP, hospital, dentist and other health providers
• Will, land registry
• Memberships, such as the gym or breakdown service for motorists

If you’ve booked a holiday, you may need to notify your travel company if the name on your booking doesn’t correspond to that on your passport.

Do I need a solicitor to help me change my name?

We always recommend seeking legal advice when changing your name to ensure the process is carried out smoothly and accurately to minimise any errors and challenges that may occur. This is especially important in complex cases, such as when you are applying to court to change the name of a minor.

Please contact our experienced team at hello@agrlaw.co.uk or call 0116 340 0094 to find out more.

Last year, we wrote a blog with practical advice to help separated parents make the festive season enjoyable and stress-free.

In this blog, we talk about the legal steps you can consider taking if you and your ex-partner can’t agree on child arrangements.

Child arrangements in the eyes of the law

Child custody, referred to as child arrangement orders, can be:

• Sole with one parent responsible for the child
• Joint with both parents sharing responsibility
• Other variations, such as grandparents or guardians being granted custody where neither parent is deemed capable

The type of arrangement is always determined by the child’s physical, emotional, and educational needs.

Anyone with custody of a child will be responsible for making decisions such as where they will go to school, what healthcare they will receive and where, which religion they will follow and other aspects of the child’s life.  This differs from access, where a person is granted time with the child only.

What to do if you and your ex-partner can’t agree on child arrangements

If parents can’t agree on who the child should live with and how much time they spend with the other parent, they are required to attend a Mediation Information and Assessment Meeting (MIAM) as the first step. This is a discussion facilitated by a neutral mediator who will encourage progressive, future-focused conversations until an amicable agreement is reached. Any agreements will be set out in a formal document and made legally binding by the court.

If mediation fails, or if it is not a suitable method due to, for example, domestic abuse, the family courts will decide on arrangements for the child.

Court proceedings begin with completing a C100 form. This is an application to make arrangements for a child or resolve a dispute about their upbringing. There may be fees to pay at this point.

When the form has been processed by the court, you will be invited to attend a series of scheduled hearings. These allow the judge to assess you and your child’s individual situation.

The judge will consider several factors relating to the child’s welfare and the parents’ ability to look after them, as well as the wishes of the child depending on their age and understanding.

To enable the child to maintain a relationship with both parents, courts may grant joint “lived-with” orders, but they will consider any concerns that may compromise the child’s welfare. This could include occurrences of abuse, neglect or violence, parental unfitness, if one or both of the parents has a criminal record, or if one parent intends to relocate.

What is outlined in child arrangement orders?

These orders will typically stipulate:

• Where the child will live and with whom
• How much time they will spend with each parent, plus other types of contact, such as phone and video calls
• Arrangements for school holidays
• Arrangements for special occasions, such as birthdays and Christmas
• Specific Issue Orders – aspects of the child’s upbringing, such as where and how they will be educated
• Prohibited Steps Orders – actions that the court deems must be prevented. These could include taking the child out of the country or changing their surname

What to do if your ex-partner isn’t adhering to the terms set out in the child arrangement order

Begin by keeping a diary and note down how and when your ex-partner has not adhered to the agreement, plus your attempts to make the child arrangements work.

We always recommend talking to your ex-partner in the first instance to attempt to find an amicable solution. If that fails or is not possible, you will need to consider mediation.

If mediation isn’t an option for you or if you fail to reach an agreement that way, you will need to seek legal advice and complete a C79 form. This is an application to the court to enforce a child arrangements order.

In some cases, the court can order your ex-partner to complete community service, pay you compensation to cover any financial losses, or change the terms of your child arrangements order.

In extreme cases, such as where your ex-partner is persistently and deliberately not complying, the court may consider imprisonment.

AGR Law

For the best outcome for you and your child, we strongly recommend legal representation from our experienced, knowledgeable team. Not only will they provide the best legal advice and strong representation, but they will also support you throughout your case.

Please contact us at hello@agrlaw.co.uk or call 0116 340 0094

Kindly note, we will be closed from 1pm on Wednesday 24 December 2025 and will re-open at 9.30am on Monday 05 January 2026.

The Renters’ Rights Act 2025, new legislation which will reform the private rental market, has gained Royal Assent, meaning it is set to become law.

The Act is the most significant change to private rental law for over 35 years. It aims to improve the system for England’s 11 million private renters and 2.3 million landlords.

The most significant changes the Act will bring about are:

• Abolishing Section 21 ‘no fault’ evictions
• Restricting landlords from increasing rent more than once a year, with at least two months’ notice
• Stopping landlords from asking for more than one month’s rent upfront
• Creating a new Private Rented Sector Landlord Ombudsman to resolve tenants’ complaints
• Changing the current fixed-term Assured Shorthold Tenancies or ASTs into periodic tenancies
• Creating a Private Rented Sector Database
• Giving tenants stronger rights to request a pet in their property
• Improving housing standards
• Introducing Awaab’s Law
• Ending discrimination against prospective tenants with children or those in receipt of benefits
• Putting a stop to rental bidding
• Strengthening local authority enforcement

Below, we provide a more detailed explanation of each of these points.

• Section 21 notices – ‘no fault’ evictions

Currently, landlords can evict tenants without providing a legal reason by issuing a Section 21 notice. However, under the new legislation, the Section 21 regime is to be abolished, landlords must use a Section 8 notice (the grounds for which are going to be expanded) and have a valid legal reason, such as rent arrears, or the landlord wishes to sell the property, to ask tenants to leave. Additionally, landlords will be prohibited from selling or moving into the property within the first 12 months of the tenancy.

• A move to annual rent increases

Landlords will only be allowed to increase rent once per year, and they must provide tenants with at least two months’ notice before making any changes. Any clauses in tenancy agreements stating that rent can be raised more often or through other means will no longer be valid.

If tenants believe their annual rent increase is excessive, they have the right to challenge it at the Property Tribunal.

• Assured Shorthold Tenancies (ASTs) will be abolished

New and existing ASTs will change to rolling monthly or weekly assured periodic tenancies with at least two months’ notice (Section 8 Notice) and no end date.

• The amount a tenant pays upfront

Landlords will be prohibited from requesting more than one month’s rent upfront. Councils will have the authority to fine any landlord who asks for or accepts a higher upfront payment.

• A new ombudsman for private sector tenants and landlords

A new Private Rented Sector Landlord Ombudsman will be introduced. Its aim will be to resolve tenants’ complaints quickly, fairly and impartially. It will also bring systems of complaint resolution to be dealt with more swiftly.

• A new Private Rented Sector-wide database

A new database will assist landlords in understanding their legal obligations and demonstrating ongoing compliance. Tenants will gain access to improved information, empowering them to make informed decisions when entering into a tenancy agreement. Local councils will be better equipped to target enforcement activities. Additionally, landlords must be registered on the database in order to be entitled to use certain possession grounds.

• Tenants’ rights to have pets

Landlords will be required to consider tenant requests for pets and may not unreasonably refuse permission. They can, however, request that tenants obtain insurance to cover any potential pet-related damage to the property.

• Changes to housing standards

The Decent Homes Standard will be applied to the private rented sector to improve safety and value.

• Awaab’s Law

The law, introduced following the tragic death of Awaab Ishak, a toddler who died due to prolonged exposure to mould in his home, will set clear legal expectations for landlords to take action when hazards are reported.

• Discrimination

Under the new laws, landlords and agents will no longer be able to discriminate against prospective tenants in receipt of benefits or with children.

• Rental bidding

Landlords and agents will no longer be able to practice ‘rental bidding’ where they ask for, or accept, “offers above” the advertised rent.

• Local authority enforcement

Civil penalties will be expanded, new investigatory powers introduced, and local authorities will be required to report on enforcement activity.  The new fines will range from £7,000 – £40,000.

Summary

The new laws will streamline the tenancy system, making it easier for both tenants and landlords to understand their rights and responsibilities.

Tenants will benefit from greater security over their home, as Assured Shorthold Tenancies (ASTs) are being abolished, and possession grounds are becoming fairer. Landlords will still be able to reclaim their property when it is reasonable to do so, but that reasonableness will need to be approved by the Court. The changes will prevent ‘backdoor evictions’ by unscrupulous landlords, and tenants will have stronger protections to challenge excessive rent increases intended to force them out.

Prospective tenants will be treated more fairly, regardless of whether they receive benefits, have a family, or wish to own a pet. Home safety and overall value will be enhanced through improved housing standards, the introduction of Awaab’s Law, and the elimination of rental bidding.

The cost of renting a property will become more transparent, as landlords will no longer be able to request more than one month’s rent upfront, raise rent more than once a year, or engage in rental bidding. A new ombudsman and stronger local authority enforcement will ensure greater accountability for landlords who fail to meet standards.

How AGR Law can help you

While the new database will enhance clarity and help councils more easily identify non-compliance, we strongly recommend that both tenants and landlords seek tailored legal advice regarding rental matters, as individual circumstances can vary significantly.

The new laws will introduce substantial changes to both new and existing tenancy agreements. It is advisable to have an experienced, qualified solicitor review contracts before signing to ensure full understanding and protection of your rights.

Please contact us at hello@agrlaw.co.uk or 0116 340 0094 if we can assist you.

Footnote: At the time of writing, the new laws are expected to be rolled out from 01 May 2026.