All Your Legal Worries Answered
In each issue of ABC one of Brighton’s leading firms of Solicitors Dean Wilson LLP, covers a topic of interest to parents everywhere. In this issue, Julian Hunt, Partner of the Family Department, aims to set out some of the practical issues you should consider if your relationship has broken down.
The breakdown of your relationship is a distressing and emotional experience. The following summary aims to set out some of the issues you should consider if your relationship has broken down. Of course, every individual case is different and therefore it is advisable that you discuss the situation with your Solicitor.
Here are some general tips about issues, which you will need to consider right away:
• Children – decisions need to be made about who will care for the children. Many parents are able to make arrangements between themselves which is always the best way. If you encounter difficulties consider a referral to Mediation. Court proceedings should only be a last resort.
Take note that the Children Act provides a presumption that the involvement of each parent in the life of the child will further the child’s welfare. ‘Custody’, ‘Residence’ and ‘Contact Orders’ are terms which no longer apply. Instead the Court will make a ‘Child Arrangements Order’ to define the amount of time that the child would spend with each parent.
• Inform your children jointly of the decision to separate and emphasise that it is not their fault and that both parents love them equally.
• Child Support – try to reach a voluntary arrangement with your ex-partner for a weekly or monthly payment. Go to www.gov.uk/child-maintenance and use the child maintenance calculator to assess how much your ex-partner should pay.
• Ongoing financial Support – (‘spousal maintenance’) – if you are married you could apply for maintenance for yourself. If you are not married your partner does not have a duty to support you once the relationship ends, only to pay child support if applicable.
• Property – if there are children involved it is always better for parents to come to a mutual decision about who will leave
the home so that it will cause the least disruption for the family. If you jointly own the property you cannot simply change the locks and exclude the other from the property. If you are a non-owning spouse you have rights of occupation and a right not to be evicted from your home. Application can be made to the Land Registry to protect your occupation and prevent your spouse from disposing of the property.
If you have been subjected to
or threatened with physical abuse by your partner you may need to consider making application for a Court Order
to have them excluded.
If you are in rented accommodation and you are moving out of the property, you should see if you can be removed from the Tenancy.
On Separation:
• Contact the Local Authority Council Tax Section as you may be eligible for a Council Tax reduction, or if you are moving out of the property to ensure that you are not liable for any subsequent payments.
• Contact the Benefits Agency if you are in receipt of benefits, as separation may affect your entitlements.
• Contact the Tax Office if you are receiving Universal Credit or Tax Credits to reassess your entitlements, or otherwise to see if you are now entitled to Child and Working Families Tax Credits.
• Contact your banks, building societies especially if you have a joint account. It may be advisable to consider freezing the account to prevent your partner from withdrawing some or all of the funds without your agreement, or at least change the drawing arrangement so that withdrawals require both your signatures.
• Contact all credit card companies especially if you have joint credit cards because you are jointly responsible for any expenses incurred. You do not want a situation whereby your partner could run up further debts because ultimately the credit card company could also pursue you for these as the card is in your joint names.
• Consider changing your Will if you have appointed your ex-partner as the beneficiary of your Estate. If you have not made a Will then you may want to consider making one to ensure that your Estate does not automatically pass to your spouse, or you may want to make specific provision for any children to ensure security for them.
As an ABC reader you can call the Private Client Department on 01273 249200 to arrange a no obligation telephone discussion and, if required, a fixed-fee meeting.

However, concerns have already been raised about the lack of mental health services available to young people once issues have been identified. Shadow Health Secretary Barbara Keeley said: “Once again we hear warm words from the Prime Minister on mental health, but the reality is that mental health services are stretched to breaking point and people with mental health problems aren’t getting the support they need.”





Through events like Brighton Festival, young people can explore, discover and participate in the arts. For 30 years the Children’s Parade has officially marked the start of Brighton Festival, with over 5,000 participants, including 3,473 school children, stepping into show stopping costumes they have designed and made themselves. Around 10,000 people come along to see the parade and be part of the largest annual children’s event in the UK. The parade is a unique event produced by community arts organisation, Same Sky, which offers thousands of young people the chance to come together in creations they’ve designed around a central theme, giving them a sense of belonging. In 2020, the Children’s Parade theme is Nature’s Marvels, offering a platform for participants to think more about the world and environment around them.

So how do we help a child become that independent person? As adults we need to find a balance between not overprotecting our children, or pressurising them to run before they can walk; our expectations need to be realistic, and we must bear in mind that children will always develop at very different rates. The ‘Early Years Development Matters’ takes us through a child’s Personal, Social and Emotional Development and exemplifies the ‘Characteristics of Effective Learning’ from birth to five years old; some good ideas and guidance may be found in the DfE document ‘What to expect, when?’ which has been developed for parents and carers. Furthermore, it is important that we encourage healthy risk taking, through climbing trees or doing something new, and the opportunity to embrace mistakes. In the words of Carol Dweck: “What we do not want is to encourage a fixed mind set where a child feels they are unable to do something for themselves so they will not try, we want a child who is comfortable trying for themselves and develops a growth mind set – they will experience the feeling that before success comes failure after failure. But that hard work and persistence works.”









