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An overview of Children Law in England

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What is covered by Children Law?

Children Law is a significant area of the legal system covering:

  • Child custody, arrangements and access
  • Surrogacy and adoption
  • Care and maintenance
  • Child welfare, protection and safeguarding
  • Orders pertaining to important aspects of a child’s life such as care, education and religion
  • Children’s rights, including the right to education, a safe home, appropriate employment and support if they need to leave home

These laws aim to ensure a child is safe, well and cared for, and that their rights are protected.

How is a child legally defined?

In England, a child is defined as anyone who has not yet reached their 18th birthday, even if they are over 16 and living independently, in further education, in the armed forces, being treated in hospital or in the justice system.

Important Children Law Acts

The subject of Children Law is vast, so this blog outlines some of the main Acts and what the laws mean to children.

Children Act 1989

This Act defines how children should be kept safe and protected from harm. It forms the basis of children’s services’ duties and responsibilities, specifically identifying children in need, supporting their family to bring them up safely (if their welfare is not compromised by remaining in the family home) and taking the correct action if they consider a child to be suffering, or likely to suffer, significant harm.

It defines parental responsibility and the court orders that children’s services and families can apply for.

Key principles include:

  • The welfare of the child
  • That a child should be cared for by their family where possible
  • The need for children’s services and the court to take the wishes and feelings of the child into account
  • Intervention where necessary and supporting, not undermining, the parent who should be helped to remain closely involved in their child’s life unless the child is at risk of harm
  • Preventing delays to court proceedings in cases involving a child
  • Finding a suitable placement with kinship carers, such as a relative or friend, if a child cannot remain living with their parent(s)

Children Act 2004

This Act expands on the Children Act 1989. It outlines how local authorities should work with other agencies, such as the police and youth offending teams, to promote safety and wellbeing through an integrated approach to the planning, commissioning and delivery of children’s services.

It requires local and national authorities to provide strong leadership by appointing accountable people, including a Children’s Commissioner and directors and lead members of children’s services. It also required local authorities to set up safeguarding boards.

It provides the legal basis for how issues relating to children should be dealt with by agencies and underpins the UK government’s ‘Every Child Matters: Change for Children’ initiative.

The Act’s key values:

  • Ensuring children are healthy, happy and leading an enjoyable life
  • Ensuring children are safe
  • Supporting children to succeed
  • Helping to achieve economic stability for a child’s future
  • Making a positive contribution to a child’s life

Children and Social Work Act 2017

This Act amends both of the above and defines improvements to the support of looked after children and care leavers, promotes the welfare and safeguarding of children, and establishes provisions for social workers via a new regulatory regime.

Key provisions include:

  • Local authorities are known as ‘corporate parents’ to looked after children and care leavers, and this Act outlines seven corporate parenting principles
  • The requirement for local authorities to publish a ‘local offer’ for care leavers setting out the services available to them to help them prepare for adulthood and independence, including a personal advisor if they’re under 25
  • Requiring any court making decisions about long-term placements for children to consider the impact (or likelihood of) any harm to the child, and how their current and future needs will be met
  • Adding prospective adopters (with whom a child has been placed) to the list the court will consider when deciding about adopters
  • Removing the local safeguarding children board and employing the local authority, a clinical commissioning group and the police as key safeguarding partners to decide locally how best to work together to improve safeguarding

Children Law and us

We understand that the breakdown of a family is a difficult time for everyone involved. Our children-first approach puts the needs of younger family members at the centre of cases. By encouraging families seeking support with legal matters to put the interests of any children first, we endeavour to find the best outcome for them.

We can support you with:

  • Child arrangements
  • Childcare cases
  • Prohibited steps orders
  • Specific issue orders
  • Change of name
  • Parental responsibility
  • Special guardianship
  • Adoption
  • Child maintenance
  • Childcare proceedings for public law children matters

Get in touch with us via email to hello@agrlaw.co.uk or 0116 340 0094. We are able to provide Legal Aid or litigation loans to those eligible.

If you suspect or know that a child is in immediate danger, please ring 999 and speak to the police. If you believe a child may be at risk of being in danger, but is not in immediate danger, you can ring 101 or report it to the NSPCC

What is a pre-nuptial agreement and why do you need one?

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A pre-nuptial agreement, often referred to as a ‘pre-nup,’ is a written agreement some couples make prior to getting married.

Couples entering a civil partnership can follow the same process and draw up what is known as a ‘pre-cip.’ When we refer to divorce between a married couple in this blog, a couple would dissolve a civil partnership.

Both agreements set out assets you and your future spouse own before you formalise your relationship, or you expect to own afterwards, and how they will be divided should you divorce or dissolve your civil partnership.

Are pre-nuptial agreements just for rich people?

No, they are not just for rich people. Although often associated with high-profile celebrities marrying less or similarly wealthy spouses, pre-nuptial agreements are becoming more common amongst people in any financial circumstance. It’s a common misconception that assets must be of high value to be included in a pre-nuptial agreement.

Are pre-nuptial agreements legally recognised?

Pre-nuptial agreements are not legally binding, but the court considers them when making decisions about your finances and assets if your relationship breaks down and you get divorced. For this reason, they need to be drawn up by an experienced solicitor. Demonstrating that you have taken legal advice prior to signing your pre-nuptial agreement also increases the likelihood of it being upheld, or partially upheld, by the court.

Do I need a pre-nuptial agreement?

Once you are married, all assets owned by you and your new husband, wife or civil partner become matrimonial. This means your spouse has a claim on your assets.

You may feel considering what will happen if your relationship breaks down is pessimistic or unromantic, but we recommend it is sensible to plan your future this way.

Your future spouse might be concerned that it indicates you’re uncertain about the longevity of your relationship, but your pre-nuptial agreement would only need to be used should the marriage fail. If the relationship remains happy, you will never need to mention it again.

Having a pre-nuptial agreement also means you are entering marriage with reduced uncertainty after practical, honest and open discussions have taken place and both of you have disclosed your financial situation fully.

You may wish to consider a pre-nuptial agreement if you:

  • Want to ringfence specific items to stay in your family, such as heirlooms
  • Want to protect any children you have from a former relationship
  • Want to protect yourself from being liable for any debts your partner has or incurs
  • Want to safeguard any significant assets, such as your business and its employees and other owners
  • Are wealthier than your spouse, or you expect to become wealthier, and you would be disproportionately affected if assets were split equally. Wealth can be current or anticipated earnings, inheritance, savings, property, investments or other forms of financial interests
  • Are moving abroad or marrying someone who is not a UK national, and you may be affected by their home country’s laws

How AGR Law can help?

We recommend taking advice from our experienced team on all matters concerning pre-nuptial or pre-cip agreements. Appointments can be made jointly or individually if you prefer. Please call us on or email hello@agrlaw.co.uk for more information.

Gina Samuel-Richards appointed Under Sheriff of Leicestershire

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Following on from her role as President of Leicestershire Law Society (2022-2023), Gina Samuel-Richards has, as of 6th April 2024, been appointed as the Under Sheriff of Leicestershire. Gina takes on the role after Helen Johnson steps down after seven years in the role.

The Under Sheriff provides continuity and consistency to the Shrievalty, giving valuable advice to the High Sheriff in the protocols of court and ceremonial matters, as well as advice on governance.

The Under Sheriff is the liaison between the Shrievalty and the other institutions involved in the field of Law and Order.

Your rights when you live together unmarried

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Cohabiting couples live together but are not legally married or in a civil partnership. This term also covers couples whose marriage is recognised by their faith but not by the law, as they do not comply with certain requirements.

There is no legal definition for someone who is part of a cohabiting couple. Although some incorrectly refer to themselves as being in a common-law marriage, you’re not legally viewed as a couple. Therefore, you have few rights around property, finances, and children if the relationship ends or one of you dies unless specified in a valid Will or cohabitation agreement.

We recommend that you also consider the following to help protect you and your partner.

Property

  • Renting a property together – a tenancy agreement with both names on it makes you equally responsible for paying the rent and conforming to the terms. If the relationship breaks down and one of you moves out, the tenancy agreement should be altered to reflect this change
  • Buying a property together – including both names on the deeds means, if you split up, you will be entitled to your share of the property. There are two types of tenants – joint tenants (where you own the property together) or tenants in common (where you each own a share). If your partner dies, you will not automatically inherit their share unless stated in their Will
  • Your partner owns or mortgages a property and you move in – unless your name is added to the deeds, you will need to prove to the court you have contributed to a deposit or mortgage payments, or have made a large financial contribution such as major work on the house, on the understanding that you will be entitled to a share if you separate. If your partner dies, you will not be entitled to inherit unless it’s stated in a valid Will
  • You own the property together outright – we recommend you agree on what will happen to the property and state this in a cohabitation agreement or Will

Finance

Cohabiting couples have no financial responsibility to each other if the relationship breaks down. If you have children, you may receive payments from your ex-partner to provide for them, but the law does not oblige them to financially support you also.

Children and parental responsibility in England and Wales

A child’s mother automatically has parental responsibility, meaning she can make decisions on important matters such as living arrangements, medical care, education, religion and managing the child’s property.

Where parents are not married, the father of a child whose birth was registered before 01 December 2003 has no automatic parental responsibility, even if they are named on the birth certificate. If the birth was registered after 01 December 2003, the father only obtains parental responsibility if they are named on the birth certificate.

To gain parental responsibility as an unmarried father, you need to jointly register the birth with the mother or be named on a parental responsibility agreement by the mother of the child or by way of court order.

For same-sex couples, both have parental responsibility if they were in a civil partnership or married at the time of receiving fertility treatment or donor insemination. If you were not in a civil partnership or marriage, the second parent can apply for parental responsibility.

How AGR Law can help protect your and your partner

Cohabitation is a complex area, and the outcome of a dispute often depends on individual circumstances. The law does not protect you in the same way as those who are married or in a civil partnership, so we recommend having a cohabitation agreement in place and a valid, up-to-date Will.

Our experienced team can help with:

  • Drawing up and updating Wills
  • Cohabitation agreements
  • Tenancy and joint tenancy agreements
  • Parental responsibility agreements
  • Determining whether your marriage is recognised by the law

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

Starting again after divorce – helping you to move on

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Divorce is a life-altering event which often brings about new routines and significant changes. Even the most civil breakups can be emotionally challenging, leaving you feeling drained and uncertain.

Adjusting can be difficult initially, even for those who view their circumstances positively. The key is to recognise your feelings, not suppress them, as this will have a negative impact on your wellbeing, and find a way to manage them to build a positive future.

Here are our five top tips to help you.

  1. Give yourself time

Be patient with yourself. You have been through a lot, so you may get emotional at times. Don’t compare yourself to others; everyone heals differently, and your journey is individual.

You may need to reflect a bit longer on your relationship to get nearer to closure. You must treat yourself kindly until you can accept what has happened and feel ready to move on.

  1. Lean on your support network

Surround yourself with understanding friends and family who are there for you when you do not feel OK, as well as when you do.

If you would benefit from speaking to people in a similar situation, there may also be support groups in your area. Seek professional help if you feel overwhelmingly anxious or depressed, as a therapist or counsellor can support you in finding mechanisms to help you deal with your emotions.

  1. Do something for you

Try to plan some self-care to help you feel better physically and emotionally. This could include gentle exercise to help you relax, such as yoga or Pilates.

You could take up a new hobby to meet new friends and feel less isolated, rediscover an old hobby, volunteer for a good cause or promise yourself you’ll eat more healthily or get more sleep.

Work self-care into your new routine so, for example, if you and your ex-wife or husband always went out on a Friday night, you can set that time aside for a positive activity just for you.

  1. Protect your boundaries

Protect your emotional wellbeing by setting clear boundaries with your former spouse. This may include a co-parenting plan in which you share the responsibility of raising children and enjoying fun times with them. Try to communicate calmly but clearly to prevent arguments or misunderstandings.

  1. Focus on the future as much as you can

You can’t change the past, so consider your divorce as a stepping stone to a new future. Set new goals if that will help you, but don’t put yourself under any pressure if that feels daunting at this time.

Although divorce is common, nobody enters a marriage expecting their relationship to break down. You may feel angry and resentful, regretful or guilty, lonely and in a sense of grief, betrayed, lost, or sad. These feelings are normal but, if you follow our tips, you can focus on finding a way to move forward with a positive outlook.

Useful contacts

Gingerbread – a charity supporting single parents and their children thrive

Divorce Club – hosted by people who are going through or have been through divorce. Their website includes blogs, a podcast and more

Samaritans – the Samaritans provides emotional support

Relate – Relate is a charity providing counselling and family counselling. They have a wealth of resources on their website relating to moving on after divorce, dealing with separation and more.

Contact AGR Law

Our experienced team understands the legal and emotional aspects of divorce, and we will represent and support you to achieve the best possible outcome. Call us on or email hello@agrlaw.co.uk for more information.

Divorcing when you have children

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Deciding how to support and manage children is one of the most complex aspects of divorce. This blog provides practical advice to help you and your ex-spouse make arrangements regarding your child or children.

How to communicate with your child

Divorcing is likely to be a highly emotional time. One or both parents may feel angry, confused, betrayed, shocked, sad and more. These feelings are normal, but they can make focusing on finding practical solutions to build your child’s future difficult.

Creating a supportive environment for your child during this transition is crucial. To do this, encourage open communication so you can understand how they are feeling and help them adapt to changes.

It’s essential for both parents to separate their personal feelings about each other and the divorce from their interactions with their children. If you find this overwhelming or difficult, professional help is available from charities such as Relate or you could speak to a counsellor or mediator.

Children cope much better when conflict is reduced, so it’s vital to have discussions and make decisions regarding your child when they are not around to overhear or interrupt. Always communicate with each other directly, not via your child.

Resolution, the membership body for family law professionals who resolve issues constructively, has some useful advice on communicating with children here. If you are struggling to agree on important matters, seek help from a legal professional or mediator.

Will we need to go to court to decide arrangements for our children?

Certain aspects may lead to conflicts during divorce or separation, such as deciding where the children will reside, determining the amount of time they will spend with each parent, and working out how and where special occasions like birthdays and Christmas will be celebrated. Every family is unique, and finding a solution that works for all parties involved may require patience and compromise.

If parents are capable of having discussions, the courts will not intervene in matters related to their children until they have explored every possible solution to reach conclusions but have been unsuccessful in doing so. However, if the divorce is due to domestic abuse, the courts may intervene to protect the safety of the parent and child.

You may also need to go to court if:

  • You’re worried about your child’s safety or wellbeing when they are with the other parent
  • You feel vulnerable or controlled by your ex-partner
  • Your spouse refuses you access to your child
  • Your former partner is alienating you and they are purposefully sabotaging any opportunities you have of having a meaningful relationship with your child. Parental alienation can include making false allegations to persuade authorities you are not fit to be a parent or manipulating the child into not wishing to spend time with you

In such cases, we advise you to speak to a legal professional as they may deem it necessary to apply for a court order known as a ‘child arrangements order.’

Additionally, a ‘specific issue order’ can stipulate how the child is raised. This can include which school they will attend or whether they will be brought up to follow a specific religion. A ‘prohibited steps order’ can be applied for if you need to stop the other parent from making any decisions about the child’s upbringing without informing you or discussing matters with you.

Court intervention is sometimes necessary but should be considered a last resort if you and your former spouse are on speaking terms. Fees and legal representation can be very costly, and the process will likely be stressful and time-consuming for all parties.

Who is responsible for the costs of looking after children?

Responsibility for costs associated with the child lies with both parents, with the parent no longer residing with the family expected to make maintenance payments until the child is 16 (or 20 if still in full-time education).

If the parents cannot agree on a payment amount, the Child Maintenance Service (CMS) will determine it. The CMS can also act if the parent responsible for these payments doesn’t pay.

The amount of maintenance required can depend on several factors, such as the parent’s income, the number of nights the child spends with them, and any other responsibilities the parent has. A useful calculator to work out payments can be found here

Can we make the arrangements for our children legally binding?

Arrangements for your children can be kept informal and flexible, and you are under no obligation to formalise them. However, if parents disagree, are not amicable or are unable to communicate, a court can make child arrangements legally binding through a ‘consent order.’

The consent order can cover all aspects of childcare, such as where the child will live, how much time they spend with each parent, and when and where this contact takes place. It can form part of an overall consent order relating to other aspects of divorce, such as finances, property and maintenance payments.

AGR Law

We’re an award-winning law firm advising individuals and families on all aspects of divorce and child arrangements. We pride ourselves on our children-first, non-confrontational approach to divorce. Contact us on 0116 340 0094 or email us hello@agrlaw.co.uk

Is divorce the right option for us?

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Most marriages experience highs and lows, but there are instances where a relationship has run its course and the couple decide to separate.  This is when people seek advice from us on divorce, as a couple or individually.

Formally ending a marriage is a huge decision and, even if you’re convinced it’s the best course of action, it can be an emotional process. Most relationships begin with love, excitement, and hope for a lifetime together, so the decision to end it can be difficult.

This blog will help you determine whether it is time to consider divorce and, if it is, help prepare you for it.

Is it time to consider divorce?

Here are some of the most common reasons why couples may choose to divorce. Does one or more describe your situation? You have:

  • Regular arguments that cannot be resolved despite attempts to communicate and find a workable solution
  • A breakdown in communication, leading to deep misunderstandings and issues
  • Broken trust, which is impossible to rebuild
  • An experience of any form of domestic abuse (whether it’s physical, emotional, coercive, verbal, sexual or financial) is dangerous for you and any children involved. In such instances, we strongly advise you to seek help immediately. Avoid discussing divorce with your spouse, as preparing to leave increases the risk of abuse worsening
  • An unfulfilling, disconnected relationship where you and your spouse have grown apart or become incompatible, despite efforts to work on your relationship. You may also be lacking intimacy
  • A feeling of being trapped in a relationship where you and your partner have fundamentally different aims and goals for the future

What is the divorce process?

Below is a brief outline of the divorce process:

  • One or both parties apply to a solicitor for a divorce
  • After a 20-week period of reflection, the applicant or couple decide whether they wish to proceed
  • If they do, the court makes a Conditional Order
  • Six weeks later, the court can make a Final Order

The process takes a minimum of 26 weeks, but negotiations, processing and administration usually means it takes longer.

How do you speak to your spouse about divorce?

If you are considering talking to your spouse about divorce, the way you begin the conversation will depend on your specific situation. If the relationship has already broken down your spouse may not be shocked by the news. However, if they are unaware of how you are feeling, they may feel hurt and become emotional or angry. You need to prepare yourself to support your spouse with their emotions.

The first step is to consider where and when you want to initiate the conversation. It’s best to pick a neutral space that’s free from interruptions, so you can comfortably express your feelings.

Avoid apportioning blame to your spouse. Instead, focus on expressing your honest feelings. For example, say, ‘I feel…’ rather than, ‘You make me feel…’

Be prepared to listen to your spouse calmly. Do not interrupt, even if you disagree with what they are saying, as that may result in an argument. Avoid bringing up past conflicts and, instead, concentrate on practical matters and the future.

It is also important to give your spouse space to process their emotions. If you find it challenging to communicate or talking is not productive, seeking professional help from a counsellor or mediator may be beneficial.

What do we need to consider?

Below is a brief list of elements you will need to consider as part of your divorce settlement:

  • A financial agreement, taking into account pensions, property, savings and investments, income from businesses and debts
  • What will happen to the matrimonial home and any assets, including cars, furniture, jewellery and other personal property
  • Where dependent children will live, who will have access to them when and maintenance payments. In most divorces, their needs are rightly prioritised

Divorce will affect our friends and family too – what do I do?

Talking to others about how you feel can help you relieve the stress of divorce and feelings of isolation. But remember, it’s a personal matter between you and your spouse, so try not to let anyone influence your decisions.

You may come across people who say their divorce was the best thing they ever did but, if you dig a little deeper, you may find it took a great deal of anxiety, financial worry and uncertainty about the future to get to a point where they could put it behind them and start their lives afresh. Don’t let them rush or pressure you.

With so much to consider and other people involved, it’s important to appreciate from the outset that you may never find an ideal outcome for everyone. You need to prioritise yourself and your children, whilst supporting your spouse as best you can so proceedings remain amicable.

Don’t be afraid to tell friends or family if you don’t feel like talking about what is going on at home. You may just want to enjoy their company to take your mind off your divorce, and they need to acknowledge that.

If a couple has one or more dependent children, stepchildren or both, going through a divorce can be a challenging experience for them. However, staying in an unhealthy marriage can have detrimental effects on their mental and emotional wellbeing, confidence, and more, so staying together for the sake of the children may not be the best option.

In our June blog, we will provide guidance on how to support children through divorce and in our July blog we’ll talk about how to move on after divorce, so look out for those.

Contact AGR Law

Our experienced team can support you with complex and straightforward divorces, providing the best legal advice and representation in a sensitive and empathetic manner. Call us on 0116 340 0094 or email hello@agrlaw.co.uk

No-fault divorce two years on

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April 2022 saw the biggest reform to divorce laws in decades with the introduction of The Divorce, Dissolution and Separation Bill. The new laws modernised the divorce process, making it less damaging and more reflective of the reasons modern-day marriages fail.

In brief, the new laws meant:

  • Couples in England and Wales could divorce without having to assign blame to either party
  • Divorces could no longer be contested, meaning an unhappy party would no longer remain trapped in an unhappy marriage
  • The language used was updated, for example the ‘decree absolute’ was renamed the ‘final order’
  • Couples could now make a joint divorce application

How have things changed two years on from the laws being introduced?

We asked our Director, Gina Samuel-Richards, for her opinion on whether the new laws have brought about the much-needed change that was hoped for.

Resolution members campaigned for change for more than 30 years, but they never gave up. Were you frustrated by the government’s slow progress on this important reform?

I was actually quite surprised when I read Baroness Lady Hale’s book, ‘Spider Woman’ that she had been part of the Law Commission which recommended ‘no-fault’ divorce in the 1970s.

The government did not take the recommendation on board, and instead we had the fault system as per the 1973 Matrimonial Causes Act. I feel this was a missed opportunity, especially seeing how society was changing, and divorce did not hold the same taboos as before. Many countries had had a no-fault system, which had not led to disproportionate divorce rates. I saw many clients becoming frustrated that they could not end a marriage, which they felt had run its course.

When the new laws were introduced, there was speculation that they would lead to ill-thought-out ‘quickie’ divorces. Has that been the case, or has the longer minimum waiting period prevented this? 

I have not found there has been a difference in the reasons why individuals are choosing to divorce. Our clients are adults who have come to the conclusion that their marriages no longer work, for whatever the reason may be. On choosing to divorce, they still have the same considerations, such as affordability, starting a new chapter in their life, providing for children or even meeting their own needs in later life and whether they will have to return to work.

Have the number of divorcing couples risen or fallen? There was speculation that some couples would wait for the laws to be introduced to begin proceedings, which would cause an initial influx of cases. Did that happen? 

In my experience, some couples did wait for the new change in the law, as they did not want to attribute blame to a situation where people had simply fallen out of love. However, divorce is always on the rise, take for example the ONS figures found there were 113,505 divorces in 2021. This is a 9.6% increase to 2020.

Some may say there may have been a delay in people making applications in 2020 due to the effects of Covid in all of our lives, but in 2019, there were 107,599 divorces, a rise of 18.4% on the previous year. The stats for 2022 and 2023 aren’t available yet. I do expect to see an increase in cases as per the trend, but I would be very surprised if there is a significant increase in aggregate. I think one of the reasons for this, is that people can’t afford to divorce due to the high costs of living, so they are choosing to remain sharing a house, although living separate lives.

Has the lack of accountability caused frustration for those who hold their spouse responsible for their marriage breaking down? How do you resolve that?

Unfortunately, some individuals want the court system to attribute blame to the other party. In family law, the court is not typically interested in doing so. The Family Court is only interested in reaching what it deems to be a fair and equitable position to enable each party to get on with their lives. Sometimes, clients are happy to know they have been heard by someone else, typically us and their solicitor, and for their feelings to be validated. However, whilst we are empathetic to their feeling, we also try to steer the conversation to find a resolution as quickly and pain-free as possible. We try to encourage our clients to be conciliatory and non-confrontational, as having a more focussed approach to resolving the issues helps them achieve their objectives much quicker and it is less costly.

Is there any further reform to divorce law you’d like to see?

At this point, not in divorce law per se, but in cohabitating couples.

Our societies are made up differently now (1 in 5 couples choose to cohabitate), and not everyone will want to formalise their relationship in accordance with marriage under English Law or enter a Civil Partnership. However, they will live together for many years, raising children and supporting one another as if they were married. This also extends to those who are married under their religious or cultural traditions but have not formalised their marriages or civil partnerships.

Individuals in such relationships have no legal protection. I would like to see such individuals protected should the relationship break down. As things stand, the person whose name the assets, including the family home, are held in is the legal and beneficial owner. It may be the other party to the relationship has no legal or beneficial interest, and therefore could leave a relationship, no matter how long and how committed, with nothing. I have seen this happen, where a lady had a traditional religious marriage which was not formalised. She never worked as she stayed at home and raised the children. She had no savings or assets in her name. After 40 years, her partner said he wanted to end the relationship, and she had no financial means to restart her life.

Get in touch with our experienced team

To find out more about no-fault divorce and how we can help you, email hello@agrlaw.co.uk or call us on 0116 340 0094.

Leaving a gift to charity in your Will

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We encourage everyone over the age of 18 draw up a Will and keep it up to date as it’s the only way to ensure your wishes are carried out when you die. A valid Will also lessens the burden on loved ones who may otherwise face significant financial and legal complications.

As well as leaving assets to loved ones and friends, you may also leave a donation to one or more charities. These are known as legacy gifts or legacies. They are an excellent way of ensuring causes close to your heart can continue their good work after you’ve gone.

Legacy gifts can be:

  • A residuary gift – a percentage of your estate after debts have been paid and specific gifts have been distributed
  • A pecuniary gift – a fixed sum of money
  • A specific gift – assets or items you wish to donate

You can include how you would like your donation to be used in your Will to support a specific area of your chosen charity’s work.

Why leave a legacy in your Will?

As well as helping your chosen charity or charities, leaving a legacy gift may reduce inheritance tax as the donation is taken off the value of your estate before tax is calculated.

Inheritance tax is a complicated area but, generally speaking, 40% of your estate over the threshold of £325,000 is payable. Charitable donations over 10% of the net value of your estate may reduce inheritance tax to 36% on some assets, although the rules are complex so this might not apply to everyone.

Although donating to a charity this way can reduce the amount inheritance tax paid, it does of course mean that other beneficiaries (such as children or siblings) will inherit less even when you consider the reduction in inheritance tax. This can cause arguments with those who want to maximise their entitlement, so it’s crucial that your wishes are set out in your Will.

How much money is left to charities in Wills?

A major amount of vital charity income comes from legacy gifts. Legacies have continued to be resilient when other income streams are performing less well due to the pandemic and cost-of-living crisis.

According to Legacy Foresight’s Legacy Market Review 2023, charity legacy income in the year 2022/23 was estimated to be up to £4bn. That’s an annual income growth of 6.5%.

Long-term, legacy income is predicted to grow, but Legacy Forecast predicts that the next few months may see average legacy values falling due to the housing market being less buoyant.

How do I go about leaving a legacy gift?

To leave a legacy, simply provide details at the time of your Will-writing appointment. You will need to take the charity’s name, address and registered charity number with you and have decided, or be prepared to discuss, the amount you’re pledging or the item(s) you’re donating. If you have a specific activity or area of the charity you’d like to support this can be stipulated, or the Will can state ‘for general charitable purposes.’

Most charities love to connect with their pledgers so they can thank them properly, keep them up to date with their news and demonstrate the impact their gift will make.  Some charities also have a legacy team or person in place to answer any questions, so take a look online.

What else needs to go into a Will?

Our blog ‘Five essential things to include in your Will’ is a great starting point if you need to write your first Will.

How can AGR Law help?

Our experienced team can draw up a legally binding joint or individual Wills which sets out your wishes for your estate after you’ve died. Contact us to find out more on 0116 340 0094 or email hello@agrlaw.co.uk

New laws will support domestic abuse victims with child maintenance payments

Author By AGR LAWPosted on

Last year, the Child Support Collection (Domestic Abuse) Bill gained Royal Ascent. This means the Child Maintenance Service (CMS) will have greater powers to intervene in cases where parents have separated due to domestic abuse, providing improved financial protection for parents who have separated from perpetrators.

What does the CMS do?

Child maintenance ensures living costs are covered when a couple separates, and one of the parents no longer lives with a child or children. It may also be needed when the parents have never been in a relationship. To be eligible, the child or children must be up to the age of 16 or 20 and in full-time education.

The CMS acts in two ways – ‘direct pay’ and ‘collect and pay.’

  • Direct pay is when the CMS calculates how much needs to be paid voluntarily by the non-resident parent
  • Collect and pay is for when direct payments have been repeatedly missed. The CMS collects payments from the non-resident parent, and pays them to the resident parent

Why are the new laws needed?

Through the new laws, any resident parent whose former spouse or partner was abusive will be able to access child maintenance via collect and pay. They will be able to do this without having to prove that direct payments have been missed, and consent from the perpetrator will not be necessary.

This will mean the CMS will act on the resident parent’s behalf, meaning they will not need to be in contact with their abuser to arrange maintenance payments, though they will need to provide evidence of abuse.

This is a huge step forward in preventing financial abuse, emotional abuse and blackmail where a perpetrator withholds (or threatens to withhold) payments.

In addition, the new laws will:

  • Give the CMS power to report suspected financial abuse cases to the Crown Prosecution Service to help bring abusers to justice
  • Provide CMS staff with enhanced domestic abuse training
  • Waive CMS fees for domestic abuse cases
  • Trial one-to-one support for domestic abuse survivors

How did the new Bill come about?

In 2017, Emma Day was murdered by Mark Norris, her abusive ex- partner with whom she had a child. Her murder followed arguments between them surrounding maintenance payments. Investigations revealed Ms Day had made the CMS aware of the history of domestic abuse and the violent threats she had received from Norris.

South London Coroner’s Court’s Domestic Homicide Review urgently recommended an independent review into how the CMS supported parents who had experienced domestic abuse and needed to set up maintenance payments. This was carried out in 2021. It highlighted the need for the CMS to provide greater protection to its clients and a robust training programme for staff.

Dr Samantha Callan, who was commissioned to lead the review, said:

“As well as violence, there is now legal recognition that domestic abuse includes financial and other forms of coercive control which can continue to play out – or be initiated – after parents separate. My review highlights the pressing need for the Child Maintenance Service to help protect its clients from all forms of abuse and be aware that these can be perpetrated by the receiving as well as the paying parent and I am pleased the Government is acting on my recommendations.”

The Child Support Collection (Domestic Abuse) Act 2023 Bill had its first reading in the House of Lords in June 2022. It received Royal Assent in June 2023.

Domestic Abuse

Domestic abuse can take all sorts of forms, including coercive control, emotional abuse, physical abuse, sexual abuse, financial (or economic) abuse, harassment or stalking and online or digital abuse.

It is a crime, and the police and other authorities treat it as such. The perpetrator may try to convince you that the abuse is your fault and that it’s a normal part of being in a relationship, but this is not the case.

If you and/or your children are in immediate danger, ring 999 and seek police assistance. If you need non-urgent help:

  • Refuge (women) – telephone 0808 200 0247 (freephone, open 24/7)
  • Women’s Aid – livechat via their website or email helpline@womensaid.org.uk
  • Find a local domestic abuse service here
  • Respect (men) telephone 0808 801 0327 (freephone, 9am to 5pm, Monday to Friday)

How can AGR Law help?

We specialise in Family Law and Domestic Abuse, and can help separating parents with childcare arrangements, child arrangements, financial matters and more.  Contact us on hello@agrlaw.co.uk or 0116 340 0094 if you need support.

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