Family Law Blog

The Wiselaw family law blog includes the latest insights, advice, news and opinion regarding family law matters: from divorce and separation, through to children issues, relationships, and family finances.

Can I talk about my divorce on social media?

What is the legal position on using social media during divorce? Unlike other types of legal proceedings, divorce is private and should not be discussed on open public platforms. However, if you only wanted to announce on social media that you were divorcing, this is permissible provided you…

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What are the signs of a forced marriage?

What are the warning signs that forced marriage may be about to happen? Your family may put pressure on you in the following ways hoping you will agree to marry: Physical abuse such as threats, or physical or sexual violence Emotional and psychological abuse such as making you…

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What can I do if my spouse/partner refuses to leave the family home?

Legally, a spouse cannot be forced to leave the family home unless there is a risk of domestic violence if they carry on living there. In this situation, it may be possible to apply to the court for an “Occupation Order” to exclude a spouse from the property…

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Can my child sleep at my new partner’s house?

Entering a new relationship can bring about exciting changes, but for separated or divorced parents, it may also raise questions and concerns about the well-being of their children. One common query that arises is whether a child can sleep at their parent’s new partner’s house, and whether the…

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Can I adopt as a single parent? Are there challenges?

It has been possible for individuals to adopt for many years, and under The Adoption and Children Act 2002, single people cannot be discriminated against whatever their gender or sexual orientation, and adoption agencies welcome enquiries from single people. This article discusses the challenges and looks at the…

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Can I change my child’s surname after divorce?

The decision to change a child's surname can arise for various reasons, including parental separation or remarriage. However, altering a child's surname is a legal matter that requires careful consideration, particularly when only one parent seeks the change. Understanding the legal landscape surrounding a parent's request to change…

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What are legitimate reasons for breaching a non-molestation order?

Accidental breaches Accidental breaches can be a problem, because there are accidents, and then there are so-called “accidents” that may not be as such in reality. If your ex complains about a breach, either to the police or to the court, then you will be forced into the…

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Tips for an amicable relationship after divorce

What is an amicable divorce? An amicable divorce is where both parties work together to reach a favourable outcome in order to achieve the best result for their family. Working together in this way, especially when the road to separation is usually littered with acrimonious arguments, isn’t easy,…

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Is it better to divorce or stay unhappily married?

Why do some people stay in an unhappy marriage? Some may choose to stay in an unhappy marriage in order to save face or avoid the onslaught of scrutiny and questions that inevitably ensue when a marriage fails, but whilst many will leave, others will try to shape…

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Are there more barriers to adoption for same sex couples?

What problems may same sex couples encounter during the adoption process? Generally, the arguments against same sex couples adopting tend to fall into two broad categories: that such adoptions are just plain wrong as a matter of principle, and second, they are not good for children. As a…

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Can I contest a non-molestation order?

Non-molestation orders can be made for a specific period or until further order giving it an indefinite element, although 12 months is commonplace. Following an application, the court lists the matter for a full hearing within 14 days of the interim order being made. During this time, you…

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What rights do adopted children have?

What can adopted children do? Interestingly, people adopted before 12th November 1975 are required to receive counselling before being allowed access to their adoption information. Those adopted after that date, are not legally required to seek counselling. Adopted children have the right to: What steps can adopted children take…

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