Category Archives: Family

In England and Wales, same-sex and opposite-sex couples can either get married or enter a civil partnership, so there are options for anyone who wishes to formalise their relationship (with or without religious connotations) legally. But how do you know which is right for you?

Eligibility

Conditions are identical for marriages and civil partnerships. Essentially, both parties must be aged 18 or over, not already married or in a civil partnership and not related closely.

Ceremonies and services

Marriages can be solemnised as follows:

• Same-sex marrying couples say a prescribed form of words. Marriage can be conducted through a civil ceremony or a religious ceremony if a religious organisation has agreed to solemnise marriages of same-sex couples
• Opposite-sex couples also say prescribed vows, and marriages can be conducted through a civil or religious ceremony

Marriage includes the signing of a marriage certificate.

Civil partnerships for both opposite and same-sex couples are registered by signing a civil partnership document. No words are legally required to be spoken, but partners can choose to include a ceremony if they wish. This can be religious (for same-sex couples only where the organisation has agreed to host them) as long as the formation remains secular.

In the eyes of the law

Same-sex couples have been able to enter a civil partnership since 2005 when new laws were brought in to protect and recognise them. They have also been able to marry since 2014. Opposite-sex couples were restricted to marriage until 2019 when the law was changed to allow them to enter a civil partnership. Civil partners can get married if they wish.

Both marriages and civil partnerships are fundamentally treated the same, with civil partners entitled to the same rights and duties as a lawfully married couple.

The main similarities are:

• The income and inheritance tax rules cover married couples and civil partners. Despite the name, income tax marriage allowance is also available to civil partners
• If someone who is married or in a civil partnership dies without making a Will (or has an invalid Will) the rules of intestacy are the same in terms of the deceased’s estate
• If a civil partnership breaks down, partners are entitled to protection and can make financial claims for children, housing and more as they would if they were married
• Parents who are in a civil partnership when a child is born get automatic parental responsibility, the same as a married couple
• Adoption law applies to civil partners and married couples
• Civil partners largely have the same pension rights as those who are married depending on whether the pension is occupational, private or state

There are minor differences you may need to be aware of:

• If a couple wishes to end the marriage or civil partnership, a married couple can legally separate with a divorce, whereas a civil partnership is dissolved
• Married couples are not legally allowed to call themselves civil partners, and civil partners are not legally permitted to call themselves married
• Civil partnerships are not recognised in all countries, so if a couple wishes to move abroad they should check that country’s laws

Is marriage or a civil partnership right for you?

As detailed above, there are very few legal differences between a marriage and a civil partnership, so the right option for you should be based on your preferences.

If you’re not religious but want to legalise your relationship and enjoy the advantages that married couples do, a civil partnership is the best option. You may also feel uncomfortable with elements of a wedding such as:

• A bride being ‘given away’
• Feeling obliged to ask the bride’s father permission to wed
• Only having the father’s name appearing on the marriage certificate when both the mother and father’s are included on a civil partnership document

If neither marriage nor civil partnership is right, you may wish to continue or begin cohabiting. Contrary to popular belief, there’s no such thing as a common-law marriage. Cohabiting couples aren’t protected like those who are married or in a civil partnership, even if they have been a couple for a long time, have children or jointly own property or businesses.

We strongly recommend drawing up a cohabitation agreement to provide protection should the relationship break down or if one of you dies. Read more about unmarried partners here

About AGR Law

Based in Leicester and Northampton, but also offering virtual appointments, our experienced team can assist with matters relating to family law, including cohabiting and pre-nuptial. You can call us on 0116 340 0094 or email hello@agrlaw.co.uk

The laws surrounding keeping people safe online have been in the news periodically since the basis for the Online Safety Bill, the government’s Online Harms white paper, was published in April 2019.

We want to tell you about the Online Safety Bill and what it will mean if it becomes law.

What is the Online Safety Bill?

A Bill is a proposed law which is put to Parliament by an MP. The Online Safety Bill is brand-new legislation, but Bills may also be updates to existing laws.

The long title for the Online Safety Bill is ‘a Bill to make provision for and in connection with the regulation by OFCOM of certain internet services; for and in connection with communications offences; and for connected purposes.’

Put more simply, the Bill proposes new laws to keep adults and children safe online by making social media companies more responsible for their users’ safety on their platforms.

How do Bills become law?

All Bills begin in either the House of Commons or the House of Lords, but they must be approved by both Houses before becoming law.

The passage of Bills through the House of Commons and the House of Lords largely follows the same process:

• The first reading is a formality where the title of the Bill is read out before it is printed
• The second reading is when debate begins
• The committee stage is where details are examined, and clauses and amendments are debated
• The third reading is the final debate of the contents of the Bill

When a Bill has been through the passage in both Houses, they consider each other’s amendments and when it is finalised it receives royal assent from the King. He formally agrees to make it into an Act of Parliament, and it becomes law.

Why do we need the Online Safety Bill?

Some social media content is illegal, harmful or age inappropriate. Examples may include:

• Sexual abuse and violence
• Promotion or glorification of suicide, eating disorders and self-harm
• Selling of drugs and weapons
• Sexual exploitation and revenge porn
• Illegal immigration and people smuggling
• Terrorism
• Hate crime
• Violence or incitement
• Fraud

The Online Safety Bill aims to tackle such content by forcing social media platforms to remove it.

Though the contents of the Bill have not yet been finalised, it may also:

• Prevent underage children from accessing social media platforms using different technologies to check people’s ages more accurately
• Give adults more control over what they see and who they engage with online
• Require all social media companies to consider how their platforms allow abusers to create anonymous profiles and ban repeat offenders, or place limitations on their accounts

The Online Safety Bill is being supported by the NSPCC who state a poll by YouGov shows overwhelming support for tougher measures to keep children safe online. They call the Bill ‘an urgent and necessary child protection measure’ and say they are seeing unprecedented levels of grooming and child sexual abuse online.

A statement by the NSPCC’s CEO, Sir Peter Wanless, in January 2023 says that in 2022 the Bill faced delays, meaning children continued to face sexual abuse on an industrial scale. He went on to say this must be the year that legislation delivers systemic change for children.

How will the Online Safety Bill be enforced?

In its current form, the law would expect platforms to demonstrate to OFCOM that they have processes in place that meet the requirements of the Bill. Companies that are found not to be compliant may be fined, and OFCOM may take criminal action against senior managers who fail to give information when requested.

OFCOM will have the power to take action against companies no matter where they are based if they are accessible to UK users.

What’s next for the Online Safety Bill?

The Online Safety Bill has been subject to numerous delays and postponements, as prime ministers and departmental secretaries have changed. In that time, the original focus has changed substantially from online abuse and harassment to child protection, suicide and self-harm.

At the time of writing, it has been through the House of Commons and is at committee stage in the House of Lords:

• It had its first reading in the House of Commons on 17 March 2022 and reached third reading stage on 17 January 2023
• It began its passage through the House of Lords on 18 January 2023. The date for the committee stage has yet to be announced

There is no timetable yet for the Bill to be completed.

AGR Law

We’re an award-winning law firm with offices in Leicester and Northampton. We also offer virtual appointments.

We advise individuals, families and businesses, specialising in family law, immigration and personal and commercial services.  Contact us on 0116 340 0094 or hello@agrlaw.co.uk

February 2023 sees new laws coming into effect which raise the marriage age in England and Wales to 18. Previously, people aged 16 and 17 were able to marry or enter a civil partnership with parental consent.

Why is change needed?

The new laws aim to end coercive or abusive child marriages by stopping those under 18 from being forced to wed under any circumstances.

Currently, forced marriage is only seen as an offence if the person facilitating it uses coercion, such as threats, to pressure someone to marry or if the person lacks the mental capacity to consent to marriage.

In 2021 more than 20 organisations, including charities and women’s rights organisations working to protect women and children, wrote a letter to the prime minister stating that young people were not sufficiently protected.

They warned that previous legislation failed to protect young people as laws allowing 16 and 17-year-olds to marry were being exploited. They also said there was no provision to prevent religious or customary child marriages from taking place at any age. They urged the government to criminalise child marriage, saying it is invisible but ‘thriving’ in the UK.

The letter also talked about the onus on the child to secure their own protection and speak out against their family and community, which can have dangerous consequences.

It’s thought that safeguarding children from forced marriage will increase their opportunities to complete education and personal development, reduce social exclusion and isolation, boost employment opportunities, stop cases of domestic abuse, sexual abuse and ‘honour’ based violence, and prevent complications in pregnancy and childbirth.

How big a problem is child marriage in the UK?

Data from the Office of National Statistics (ONS) shows 3,096 marriages involving children aged 16 and 17 were registered in England and Wales between 2007 and 2017. However, these statistics don’t fully reflect the situation as data on non-registered religious or customary child marriages, or those which take place abroad, is not captured. This means child marriage is largely hidden.

In 2020 the UK’s Forced Marriage Unit dealt with 199 cases involving children under 18. This was 26% of their total cases, and 79% of victims and survivors were female from across 54 countries outside of the UK, illustrating the scale of the global problem.

Honour-based abuse charity Karma Nirvana says that since 2017, their national Honour Based Abuse Helpline has responded to over 400 cases relating to child marriage.

The new marriage laws

Under the new laws under 18s will not face penalties for marrying, but adults who facilitate underage weddings (including those who take their children abroad to marry), may be fined and face up to seven years in prison.

The new law applies to all marriages – registered marriages which are recognised under British law and both unregistered and registered religious or customary marriages.

Other possible changes to marriage law in England and Wales

The main law surrounding marriage is decades old, and the government feels it doesn’t reflect modern life. They asked the Law Commission of England and Wales to review legislation due to concerns it isn’t working for many couples.

The Commission published its report on marriage laws in July 2022. The review recommended overhauling the current laws to increase choice for couples (whilst preserving the dignity of weddings and safeguarding religious groups’ practices and rules) and simplifying the legal framework to support and celebrate marriage.

In brief:

• New laws to give couples more choice over where their wedding is held. The wider range of wedding venues may include outdoor venues such as parks, gardens, beaches and forests. Indoor venues could include community centres, village halls and homes. They also recommended that couples may tie the knot in international waters on UK-registered cruise ships. It’s thought that more options will increase affordability and help reduce the backlog caused by the pandemic
• Couples should be able to give notice of their intended wedding online, and notices will be published online to make them accessible to the wider community
• Ceremonies should be more reflective of the couples’ values and beliefs. Regarding religious ceremonies, they recommend that they may take place in a venue other than a place of worship, may be led by an interfaith minister and incorporate religious elements (such as hymns and prayers) into civil ceremonies as long as the ceremony remains civil
• Options for independent officiants to conduct civil weddings
• Increase clarity on the consequences for couples who have not complied with the required formalities and fewer weddings conducted that follow religious rites but are not recognised by the law

At the time of writing, the report is under review by the government.

Do you need help with a matter relating to marriage law?

Our experienced team can help with legal issues relating to marriage, including pre-nuptial agreements, matrimonial finances and marriages which are recognised by your faith but not by the law. We can also assist where couples don’t wish to get married or enter a civil partnership but want legal protection as a cohabiting couple.

Call us on 0116 340 0094 or email hello@agrlaw.co.uk to find out more.

The festive period can be demanding, but setting and communicating boundaries can help reduce stress and ensure you spend your time in a way that doesn’t impact your wellbeing.

Time boundaries

Learning to say no to invitations when you have too much to do or need some space can be difficult and leave you worrying that you’ve upset the host.

If you find declining difficult, or the host has put you on the spot, buy yourself some time by saying: ‘let me think about it/check my diary/ask my spouse and I’ll get back to you’ before saying no.

Try to do this as quickly as possible, otherwise it will cause you anxiety and the host may be waiting for replies so they can finalise their plans.

Politely decline invitations by:

• Apologising so they are prepared for your answer to be a ‘no’
• Thank them sincerely to reassure them you appreciate being asked
• Say you’re unable to make it without going into too much detail
• Say you hope they have a good time
• If you would like to see the person or people at a later date, say that you will be in touch to arrange that

Don’t make excuses as they may respond with a workaround. For example, if you say you can’t go for a meal because you have nobody to babysit, they may say you can bring the children with you.

It will be easier to decline via text message, WhatsApp or email as if it is done in person or over the phone they may persuade you to change your mind.

You could also send the host a gift to enjoy at the event, such as a bottle of wine or a box of chocolates and ask the next day whether they had a nice time.

Physical boundaries

Some people love greeting others with hugs and kisses on the cheek, but others don’t. If a friend or family member invades your personal space, it can be hard to tell them their behaviour makes you uncomfortable. It may be embarrassing for you and them, but you are entitled to refuse physical contact with anyone.

It’s best to be proactive than reactive, so telling someone from the beginning is better than tolerating several hugs or kisses and losing your temper by the final one.

Try saying: ‘It’s lovely to see you, but I don’t like hugging/kissing. How about a handshake instead?’ Put out your hand at this point for them to take.

Emotional boundaries

Friends and families are supposed to support each other through tough times, but it’s OK to say you’re unable to help if you’re at breaking point. Remember, no matter how much advice you give someone you cannot solve their problems for them so don’t take them on as your own.

Try saying: ‘I wish I could help, but I can’t take on anyone else’s problems because my own are overwhelming me’

Intellectual boundaries

Just because you enjoy spending time with someone, doesn’t necessarily mean you agree on all matters. For example, your brother-in-law may support a different football team and dislikes yours, or your best friend may prefer one political party over another, and you think otherwise.

Even if light-hearted, conversations can escalate and become awkward, ruining the atmosphere of a party and making others feel uneasy.

It is acceptable to disagree but, if things are getting out of hand, politely suggest the conversation should end because you don’t agree and change the subject.

If the person you are speaking to is disrespectful or aggressive, tell them you feel offended as they may not be aware. It is OK for them to have an opinion, but not to force it on you.

Try saying: ‘This is a difficult subject; shall we talk about something else?’ They may need to have the last word, but after that find something you both enjoy talking about instead.

Our team’s top five tips for boundary setting

1. Don’t feel guilty about setting boundaries. You have nothing to apologise for; it’s not selfish to recognise that your needs are valid. You need to feel content which may mean ensuring people no longer take advantage of you.
2. Thank people who respect your boundaries, such as the person who gives you a fist bump rather than a hug.
3. You own your time. Giving too much time to others can leave you burnt out. Set aside time to watch your favourite TV programme, have a bath, read a book or have a pamper session each week and it will soon become part of your self-care routine.
4. Plan your time so you spend it with people who value you and give you energy. You may be obliged to see people who make you feel exhausted or miserable but try to limit how long you spend with them. Make it clear from the beginning that you have other commitments, so it can only be a short visit.
5. Don’t move your boundaries for someone else’s benefit, for example, it’s important to say when you’ve had enough to eat and drink. People can sometimes go too far in encouraging you to continue when you’ve had enough. They see it as being generous and kind without realising that overdoing it can ruin your time with them. Instead, politely decline without apologising, explaining, or fearing you’ve caused offence.

The team at AGR Law would like to thank our clients for trusting us with their family law matters this year and wish everyone celebrating Christmas a happy and relaxing time.

We’re delighted to announce that AGR Law solicitor-director Gina Samuel-Richards has been inaugurated as President of Leicestershire Law Society (LLS).

LLS has over 700 members and associate members working in the legal profession in Leicester, Leicestershire and Rutland. Membership benefits include attending networking events to foster connections with the local legal and business community, CPD seminars and courses to enhance knowledge and the opportunity to enter the Society’s prestigious Annual Awards.

Gina, who becomes the Society’s first Black President in its 162-year history, said: “I’m honoured to be President of LLS, and I intend to use my position to encourage youths living in Leicestershire to consider a career in law. Our region has a higher-than-average population of young people, and I hope to tap into this talent to benefit the legal profession and continue to build the legacy of the LLS.”

Gina is a long-term Leicester resident and is well-respected in the legal field. This role also acknowledges her contribution to the business, voluntary and education community over the past two decades. Gina has been a business owner since 2011 and co-founded AGR Law with Ruth Goward in 2016.

Speaking about Gina’s appointment, Ruth said: “I couldn’t be prouder of Gina for everything she has achieved and how generously she gives her time and expertise to help others. She is an excellent choice for President, and my team and I look forward to supporting her in this role as a friend and an esteemed colleague.”

Gina is part of a multi-heritage and multi-faith family, something she feels will help her connect further with Leicester’s multicultural business and legal community.

Gina has chosen three charities for LLS to support this year. They are:

• Focus which supports 13 to 25-year-olds to develop the skills, confidence and aspirations to lead fulfilling lives and to make a positive contribution to their communities. Find out more HERE
• The Sickle Cell Society which supports and represents affected people to improve their quality of life. Learn about the Society HERE
• Zynithia’s Trust which provides information, advice and practical support to women to alleviate poverty and abuse. Read more HERE

For more information about LLS, click HERE

Have you heard of LawCare? They are a mental wellbeing charity for the legal community, established almost 25 years ago. Their research shows that the accepted working practices and culture in the legal profession can be detrimental to mental wellbeing.  

To mark World Mental Health Day on Monday 10 October, the 10^th day of the 10^th month, LawCare has launched a ‘Tell Ten’ campaign. They are encouraging people working in law to spread the word about the services they offer by emailing, texting or tagging 10 colleagues or friends on social media.

We take mental health seriously at AGR Law, so we want to tell you about LawCare and the good work they do in case you or someone you know may benefit from their help.

LawCare provides support services and information to help anyone in the UK working in law so they can better deal with issues in their personal and professional lives. They also work with organisations, such as regulators and professional bodies, to encourage healthy workplaces that support mental wellbeing, allowing legal professionals to thrive.

Their website is packed full of useful podcasts and articles covering all sorts of subjects, from dealing with stress and managing your relationship with alcohol, to loneliness at work and grief and loss.

If you need a safe space to talk about how you feel, they offer free, confidential support via email, online chat and a phone helpline. Trained staff and volunteers who have worked in law are available to help you. They can signpost you to other agencies, if required.

LawCare also runs a peer support scheme, offering one-to-one support. Peers are all experienced volunteers with lived experience who can offer help, encouragement and mentoring on a range of different issues such as anxiety, stress, depression, addiction and more.

If you want to join a specialist group to network and share experiences, their website includes an extensive list. Groups include women-only, minoritised groups, LGBTQ+, disabled and more.

Here are 10 reasons to contact LawCare:

• LawCare’s services are free of charge
• Staff and volunteers understand the challenges that life in law brings
• They promise complete confidentiality. You don’t have to give your name and, if you fear someone you know has recognised your voice, you can leave your details and another team member will call you back
• You can contact them about any issue at all, from a bad day at work to something more serious such as being investigated by a regulator
• One-to-one peer support can be for weeks or months
• Support is available to anyone working in law in the UK, Channel Islands and Isle of Man
• They help everyone; support staff, solicitors, barristers, judges, chartered legal executives, chartered trademark attorneys, patent attorneys, costs lawyers and paralegals, including those studying and in training
• They have helped over 10,000 legal professionals in almost 25 years
• They may be able to provide funding for counselling or therapy
• 5% of service users would recommend LawCare to others

If you work in the legal profession and need support, you can contact LawCare on 0800 279 6888, email support@lawcare.org.uk or head to their website for the online chat and other resources.

If you’re struggling with mental health and need help, the below may be useful too:

PAPYRUS Hopeline – For anyone under the age of 35 who is experiencing thoughts of suicide

Website – https://www.papyrus-uk.org/

Call – 0800 068 4141 (9am-midnight every day)

Text – 07860 039 967

Email – pat@papyrus-uk.org

Mind – advice and support to empower anyone experiencing a mental health problem

Website – https://www.mind.org.uk/

Infoline – 0300 123 3393 (9am-6pm, Monday to Friday, excluding bank holidays)

Email – info@mind.org.uk

Calm – Campaign Against Living Miserably

Website – https://www.thecalmzone.net/ (includes livechat 5pm-midnight every day)

Call – 0800 58 58 58 (freephone, 5pm-midnight every day)

Samaritans – emotional support

Website – https://www.samaritans.org/

Call – 116 123 (freephone, open 24hrs)
Email – jo@samaritans.org

NHS resources – tips and urgent help

https://www.nhs.uk/every-mind-matters/

Over two million adults, around four times the population of Leicestershire, are estimated to be affected by domestic abuse every year in England and Wales. Two-thirds of victims are women.

Some of the laws that cover this area are found in the Domestic Abuse Act 2021, which received Royal Ascent and became law throughout 2021-22. The Minister for Safeguarding at the time the Act was passed, Victoria Atkins MP, said: “Domestic abuse is an abhorrent crime perpetrated on victims and their families by those who should love and care for them. This landmark Bill will help transform the response to domestic abuse, helping to prevent offending, protect victims and ensure they have the support they need.”

The Act was a significant step forward for victims as it was the first to legally define domestic abuse and it emphasised that it is not just physical or sexual violence, but also emotional abuse, controlling and coercive behaviour, violent and threatening behaviour, and economic abuse.

The Act covered many issues that have previously prevented victims from getting the justice and future they deserve. Some of the changes were related to:

• Separated partners and family members who do not live together
• The law regarding revenge porn – this was extended to include threats to share images and videos
• New Protection Notices and Protection Orders – they will now prevent perpetrators from contacting their victims and force them to change their behaviour by, for example, seeking help with their mental health

Clare’s Law (or the Domestic Violence Disclosure Scheme) has been put on a statutory foundation, meaning it is now a law. As a result, anyone can contact the police to ask if they (or someone they know) are in a relationship with a person with a record of abusive offences who may pose a risk to them. Despite its name, it was previously a policy document issued as guidance.

Clare’s Law is named after Clare Wood, who was murdered by a man who had served prison sentences before his relationship with her. His offences included holding a woman at knifepoint, harassment, and failure to comply with a restraining order. Clare’s family said that she would never have entered a relationship with him had she been aware of his violent past.

The law, fought for by Clare’s dad, has two ways in which police can disclose information about individuals with a history of abusive or violent behaviour: ‘right to ask’ and ‘right to know.’

• Right to ask – an individual can apply for disclosure
• Right to know – the police can make a proactive disclosure to a potential victim

At AGR Law, we’re passionate about protecting children who are affected by issues such as divorce, separation, childcare arrangements, or domestic abuse. The Domestic Abuse Act 2021 recognises children who live in a home where abuse takes place as victims, not witnesses. This means if a child sees, hears or experiences the effects of domestic abuse, and is related to or has a parental relationship with the victim or the perpetrator, they will receive protection and support.

The most recent updates to the Act came into force earlier this year.

It now has a new Section 70 that makes non-fatal strangulation a specific offence in its own right. It includes a perpetrator affecting a victim’s ability to breathe to control or intimidate them.

Previously, abusers avoided punishment if their act left no visible injury, making it difficult to prosecute under existing offences. Studies have shown that victims are seven times more likely to be murdered by their partner if they have suffered non-fatal strangulation previously, so this is a welcome inclusion. Those found guilty can face up to five years in prison.

Another significant change prohibits cross-examination during live trials in civil and family courts. Instead, victims can pre-record their evidence before their case gets to trial, meaning that the video can be played in court and the victim will not have to relive the trauma they suffered. Videos can be recorded shortly after the offence, so will likely contain details which may be accidentally omitted under the pressure of giving evidence in person.

We’re hopeful that the government will continue to seek to improve the lives of those affected by domestic abuse by implementing new laws to protect victims and their families, and help them build a safe, empowered life, free from fear.

If you’d like to speak in confidence to a member of our team about domestic abuse, please contact hello@agrlaw.co.uk or call 0116 340 0094. Remember, if you or someone you know is in immediate danger, you must contact the police on 999.