Explaining family law

Taking a child abroad without the other parent’s consent or not returning a child from abroad after an agreed holiday, is classed as child abduction. But is child abduction a criminal offence?In this episode, Tim and Jen are joined by Mills & Reeve Partner Zoe Fleetwood, a specialist in child abduction and international children law.Together, they explore the myth that child abduction is always a criminal offence, clarify the legal definitions, and explain the processes involved when a child is taken or kept abroad without consent. The team discusses the role of The Hague Convention, what happens when countries aren’t signatories, and the practical steps parents can take if they fear abduction or need to secure a child’s return.Listeners will hear real-life examples, learn about the importance of early risk assessment, and discover the options for mediation and urgent court action. The episode also covers the court process, available defences, timelines, and the support legal aid can provide - offering clear, practical guidance for families navigating these complex international issues.Find out more about our child abdcution services: https://www.mills-reeve.com/sectors-and-services/services-for-individuals/family-and-children/children/child-abduction/Find out more about Zoe: https://www.mills-reeve.com/people/zoe-fleetwood/

With more families living across borders, questions about moving children internationally after separation are increasingly common. But can parents move their children abroad without the child’s other parent permission?In this episode, Tim and Jen are joined by Mills & Reeve Associate Annie Wogel, who specialises in international family law. Together, they tackle the myth that a parent can move abroad with their child without the other parent's consent and explain the legal requirements for international relocation.The discussion covers why parents consider moving overseas, the importance of early communication and mediation, what the courts look for when deciding these cases, and the practical steps needed to plan a move. The team also outlines the court process, timelines, and when to seek legal advice, providing essential guidance for parents facing international relocation decisions.

When it comes to an international divorce and there are connections to multiple countries, choosing the best jurisdiction for financial matters is crucial. But is London really the divorce capital of the world and the best place for financial settlements?In this episode, Tim and Jen are joined by Mills & Reeve Partner Melissa Lesson, an expert on financial claims for international divorces. Melissa draws on her cross-border experience to bust the myth that London is always the best place to divorce, explaining how jurisdiction depends on factors like habitual residence, domicile, and financial circumstances.Together, they explore the complexities of competing jurisdictions, the impact of Brexit, and the practical and strategic steps international couples should consider - from early legal advice in multiple countries to understanding enforcement challenges and the role of marital agreements.Whether you’re navigating a cross-border relationship or simply curious about how international divorce works, this episode offers essential insights and top tips for protecting your future.To find out more about our international divorce lawyers visit: https://www.mills-reeve.com/sectors-and-services/services-for-individuals/family-and-children/international-family-law/Find out how Melissa can help you: https://www.mills-reeve.com/people/melissa-lesson/

With international families on the rise and global mobility at an all-time high, more couples are finding themselves with connections to more than one country.But what happens when an international marriage breaks down? Does the country where you got married automatically handle your divorce, or is it all about where you live now?In this episode, Tim and Jen are joined by Mills & Reeve Principal Associate Ciara Moore, an expert in high-value and international family law.Together, they bust the myth that you can always divorce in the country where you married, and unpack the real legal criteria - such habitual residence and domicile -that determine which court has jurisdiction. The team also explores the complexities of competing jurisdictions, the impact of Brexit, and the practical and strategic steps international couples should consider. Whether you’re navigating cross-border relationships or just curious about how international divorce works, this episode offers essential insights and top tips for protecting your future.Find out more about how we can help you on our website: https://www.mills-reeve.com/sectors-and-services/services-for-individuals/family-and-children/international-family-law/Get to know Ciara: https://www.mills-reeve.com/people/ciara-moore/

When a couple separates, splitting their finances can be quite difficult, especially when it comes to pensions, as they can be one of the most valuable assets on divorce and are often overlooked.In this episode, Tim and Jen are joined by Mills & Reeve Principal Associate, David Hickmott. David has extensive experience in advising on complex financial matters, including pensions.Together they discuss pensions and divorce: the importance of disclosing pensions and obtaining a cash equivalent transfer value, how the courts handle pensions, what clients’ priorities should be, pension valuations, the role of a pensions on divorce expert (PODE) and the benefits of mediation.Find out more about how we can help you on our website: https://www.mills-reeve.com/sectors-and-services/services-for-individuals/family-and-children/divorce-and-separation/dealing-with-pensions-in-divorce/Find out more about David: https://www.mills-reeve.com/people/david-hickmott/Resources: Pensions on divorce: everything you need to know - https://www.mills-reeve.com/blogs/family-and-children/march-2023/pensions-on-divorce-everything-you-need-to-know/International pensions – tips and traps in international divorce cases involving pensions: https://www.youtube.com/watch?v=-M1MAVeyGzs&t=1s

Farming is not just a business. It’s also a lifestyle and culture, making it different from other family businesses and subject to various market and natural factors. So when a farming couple separates, how are the assets split? What should it be considered?In this episode, Tim and Jen are joined by Mills & Reeve Principal Associate, Ania Tarasiewicz. Ania specialises in complex family law cases involving agricultural and property sectors.Together they discuss farms on divorce: the complexity of divorce cases involving farms, what the client’s priorities should be, the court’s approach, the importance of financial disclosure and when to involve experts, and the benefits of non-court dispute resolution.Find out more about our farms on divorce experience on our website: https://www.familylawsolicitors.org/separating/separating-married-couples/finances/farms-on-divorce/Find out more about Ania and how she can help you: https://www.mills-reeve.com/people/ania-tarasiewicz/

For business owners, divorce can be a particularly difficult time, especially regarding the daily operations when both parties or other family members are involved, leaving them wondering what will happen to the business on divorce. Can the courts order a sale of the business?In this episode, Tim and Jen are joined by Mills & Reeve Principal Associate, Andrew Moore. Andrew specialises in financial settlements following divorce, particularly when there are businesses involved. Together they discuss businesses on divorce: how can business come up in a divorce, what the client’s priorities should be, the court’s approach, planning opportunities and the benefits of non-court dispute resolution.To find out more about business on divorce visit: https://www.mills-reeve.com/sectors-and-services/services-for-individuals/family-and-children/divorce-and-separation/dealing-with-businesses-in-divorce/

Family trusts are established for a wide variety of reasons. They can be part of a wider family strategy of wealth protection for the tax-efficient transfer of assets between generations, set up to hold property assets or be part of the overall structure of a family business or investment company. But what happens when a couple separates and trusts are involved?In this episode, Tim and Jen are joined by Mills & Reeve Partner, Frances Bailey. Frances specialises in financial settlement on divorce with a particular interest in trust structures.Together they discuss trusts: how they can come up in a divorce, the types of trust structures, the role of trustees in divorce cases, the court’s approach and the benefits of non-court dispute resolution.Find out more about trusts and divorce and how we can help on our website: https://www.mills-reeve.com/sectors-and-services/services-for-individuals/family-and-children/divorce-and-separation/divorce-and-family-trusts/You can also learn more about Frances and her work: https://www.mills-reeve.com/people/frances-bailey/Follow us on LinkedIn for more updates https://www.linkedin.com/showcase/mills-reeve-family-and-children, and don’t forget to subscribe and rate our podcast.

Many believe that when unmarried couples live together after a few years they become common law spouses and that the rules of married couples apply to them. But do common law marriages receive the same tax exemptions as married couples when their partner dies?In this episode, Tim and Jen are joined by Mills & Reeve Private Client Principal Associate, Emma Geale. Emma advises on a wide range of succession planning issues, including complex tax regimes, wills, trusts, and powers of attorney.Together they discuss inheritance tax and unmarried couples: what it is, the current tax rates and allowances, the impact on unmarried couples, the importance of wills and the considerations for property ownership.Find out more about how we can help on our website: https://www.mills-reeve.com/sectors-and-services/services-for-individuals/family-and-children/unmarried-couples/inheritance-tax-for-unmarried-couples/

When couples separate amicably, they often look for ways to make the process as smooth and cost-effective as possible. This can involve exploring various legal options and approaches that can help them reach a fair and mutually agreeable resolution without unnecessary conflict. But do they have to instruct separate lawyers when going through divorce or separation? In this episode, Tim and Jen are joined by Mills & Reeve Partner, Mediator and Arbitrator Alison Bull. Together they discuss the one lawyer two clients model: what it is, how it works, the benefits, risks and limitations of this model as well as some successful examples.You can find out more about our separate well with one lawyer service on our webpage: https://www.mills-reeve.com/sectors-and-services/services-for-individuals/family-and-children/alternatives-to-court/separate-well-with-one-lawyer-reaching-an-agreement/

When couples look to separate without going to court, mediation is a well-known option. However, how many have heard of hybrid mediation? By bringing together the best of both the family and the civil mediation models, hybrid mediation allows for lawyer support in the mediation room. But is it just a more expensive way of mediating? In this episode, Tim and Jen are joined by Suzanne Kingston. Suzanne is an experienced mediator, arbitrator and collaborative lawyer, with expertise in resolving complex financial issues and children matters. Together they discuss hybrid mediation: what it is, the difference between classic and hybrid mediation, the process and its advantages. You can find out more about mediation and our out-of-court services by visiting our website: www.mills-reeve.com/sectors-and-services/services-for-individuals/family-and-children/alternatives-to-court/

Family arbitration is a great option for those who want to settle their case outside of court using an arbitrator. But is arbitration just for the wealthy who don’t want their cases reported in the press?In this episode, Tim and Jen are joined by Mills & Reeve Partner Jane Ingleby, from our Leeds office. Together they discuss family arbitration: what it is, its benefits, the process, its limitations and how best to choose an arbitrator.Learn more about arbitration and how we can help here: https://www.mills-reeve.com/sectors-and-services/services-for-individuals/family-and-children/alternatives-to-court/family-arbitration/You can also find out more about Jane Ingleby by visiting our website: https://www.mills-reeve.com/people/jane-ingleby/

Resolving disputes without going to court is a viable option for couples who want a more amicable approach to agreeing to the terms of their divorce. Mediation is one of the most popular approaches, and child inclusive mediation is a great option for couples with children, as it allows children to have their voices heard.But when parents disagree about what they want, should mediators ask their children?In this episode, Tim and Jen are joined by Mills & Reeve Partner, Mediator and Arbitrator Alison Bull. Together they discuss child inclusive mediation: what it is, the process, the importance of children’s voices and practical considerations.Listen back to episode 2 where Tim and Jen discuss family mediation. You can also find out more about mediation and how we can help here: https://www.mills-reeve.com/sectors-and-services/services-for-individuals/family-and-children/alternatives-to-court/family-mediation/You can also find out more about Alison Bull by visiting our website: https://www.mills-reeve.com/people/alison-bull/

From 7 to 11 October, the family and children team at Mills & Reeve is running Children Law Awareness Week, a week dedicated to raising awareness about children law and its impact on families.During this week, we will be supporting the team, with bonus episodes, and in this episode, we share some highlights from episode 2, where Tim and Jen discuss family mediation and how it can help resolving disputes around children.

From 7 to 11 October, the family and children team at Mills & Reeve is running Children Law Awareness Week, a week dedicated to raising awareness about children law and its impact on families.During this week, we will be supporting the team with bonus episodes. In this episode, Tim and Jen hand the reigns to Mills & Reeve Partner Jane Ingleby and Trainee Solicitor Abbie Green, where they go over the options for non-court dispute resolution when there are issues about children on separation.To find out more about our services and how we can help, please visit our website https://www.mills-reeve.com/services/family-and-children/children, and follow us on LinkedIn for more updates https://www.linkedin.com/showcase/mills-reeve-family-and-children.

From 7 to 11 October, the family and children team at Mills & Reeve is running Children Law Awareness Week, a week dedicated to raising awareness about children law and its impact on families.During this week, we will be supporting the team, with bonus episodes, and in this episode, we share some highlights from episode 7, where Jen, Tim and their colleague Claire Burton discussed child arrangements and reaching an agreement or going to court about your children following a separation. To find out more about our services and how we can help, please visit our website https://www.mills-reeve.com/services/family-and-children/children, and follow us on LinkedIn for more updates https://www.linkedin.com/showcase/mills-reeve-family-and-children.

Unmarried couples are the fastest-growing family type in the UK. So with couples deciding not to get married and instead buying property and living together, what happens to the house if the relationship breaks down? Is signing the sale contract all they need to do?In the first episode of series 2 of the Explaining family law podcast, Tim and Jen are joined by Mills & Reeve Principal Associate Sue Brookes. Together they discuss the importance of cohabitation agreements, their benefits and the role they can play in protecting assets in the event of relationship breakdown.To find out more about cohabitation agreements and how we can help you visit: www.mills-reeve.com/services/family-and-children/cohabitation/cohabitation-agreementsFollow us on LinkedIn for more updates https://www.linkedin.com/showcase/mills-reeve-family-and-children, and don’t forget to subscribe and rate our podcast.

Join hosts Tim and Jen as they conclude the first series of the Explaining Family Law podcast. In this episode, they address common questions that have emerged from previous discussions and provide a sneak peek into what’s ahead for the next series. Questions covered:Do I need a lawyer?Can I get divorced I don’t know where the other person lives? What are the costs of getting divorced?What happens to our pets when we separate? Does one parent get favoured over the other when it comes to childcare arrangements?Who can apply to have contact with a child?We hope you have enjoyed the podcast so far. Follow us on LinkedIn for more updates https://www.linkedin.com/showcase/mills-reeve-family-and-children, and don’t forget to subscribe and rate our podcast.To find out more about our family lawyers and Mills & Reeve, please visit: https://www.mills-reeve.com/services/family-and-children

According to the ONS, 51% of children were born to unmarried mothers in 2021, the highest since records began in 1845. However, when unmarried couples with children separate, is the only thing to sort out child maintenance through the government-run Child Maintenance Service?  In this episode, Jen Curtis is joined by Mills & Reeve Associate Stephanie Hawthorn office and Principal Associate David Hickmott. Together they unravel the importance of a piece of law often simply referred to as Schedule 1 (Children Act 1989), which claims may not be accepted by the Child Maintenance Service (CMS), how financial provision for children is calculated and the benefits of resolving disputes outside of the court room.If you'd like to find out more about child maintenance and our children lawyers, visit: https://www.mills-reeve.com/services/family-and-children/children/child-maintenance. Follow us on LinkedIn for more updates https://www.linkedin.com/showcase/mills-reeve-family-and-children.

Recent figures reveal that cohabiting (unmarried) couples are the fastest growing family type in the UK. In 2021, cohabiting couples accounted for 24.3% of families in the UK and this is set to rise further. Unmarried couples are often referred to as common law spouses and there is the expectation that, if the relationship breaks down, the couple can expect the same financial treatment as divorcing couples. But is it true?In this episode, Tim and Jen discuss unmarried couples and property ownership. They explain the different types of property ownership, what couples moving in together need to think about when only one of them owns the house, the increasing importance of the Bank of Family and Friends as well as how cohabitation agreements can help avoid misunderstandings in the future.If you'd like to find out more about our cohabitation lawyers, visit: https://www.mills-reeve.com/services/family-and-children/cohabitation/property-rights-of-cohabiting-couplesFollow us on LinkedIn for more updates https://www.linkedin.com/showcase/mills-reeve-family-and-children.