Category Archives: Legal

One element of divorce proceedings which often has clients worriedly calling their divorce lawyer is when the issue of who will pay the legal fees for the process and proceedings. One concern that often gets raised is that one spouse has been threatened by the other that they will be responsible for paying not only their own legal fees but those of their ex-partner.

Family lawyers advise that this threat can come from either side of the marriage, so on occasion, it will be the wife threatening her husband, but it can also come from the husband too, whereby he tells his wife that she will be left with the bill. We should point out right away that in reality, unless other factors are in play,  the likelihood of costs being awarded, whereby one party to the divorce pays them all, is slim.

To put some numbers on that, a recent legal survey found that of all divorce cases, in less than 20% of them, a claim was made by one spouse that their ex-partner should be liable for the legal fees. In addition, looking at all divorce cases in the Family Court, a mere 2% saw all the legal costs awarded to one of the spouses.

Whilst it may be rare, your ex-partner may claim legal costs, so you should be prepared for it, just in case. Bear in mind your ex-partner has every right to make such a claim, and depending on how you have behaved in terms of cooperating about the divorce process, is how any court will determine whether to grant that claim or not.

Conversely, instead of challenging a cost order made by your ex-partner, you might believe you should make a cost order against them. If they have proved to be uncooperative and even to the extent of being intrusive about the divorce, such as claim may be justified, albeit there is no guarantee it will be successful.

If you’ve recently been divorced, gone through a messy relationship, or had other family issues, you may wish to change your child’s surname. Ultimately, it is possible, but you should speak with your family lawyer or a legal advice expert before making any major decisions.

In this article I’m going to run through the complexities of changing a child’s surname, including looking at some of the common situations when it is and isn’t possible. This isn’t and shouldn’t be taken as legal advice, but it should help inform decisions about the topic.

Can I change my child’s surname?

Well, the short answer to this question is yes, you can change your child’s surname. In fact, you don’t even have to have the full consent of the other parent to do so – in some situations.

However, it’s a complicated topic, and every situation is different, which means that it’s important to understand the topic before you attempt to try and change your child’s surname.

Can I informally change my child’s surname?

Usually, the simplest option is to basically change your child’s surname informally. Rather than actually changing it on their birth certificate – which can be hard to do before they turn 18 – you can actually just start using a different name.

There generally won’t be any legal consequences associated with this, and a lot of people do it. But, it’s important to realise that if you go down this path your child’s legal name will still be the one shown on their birth certificate.

Violence Restraining Orders (VRO) are taken out by someone who is afraid due to being intimidated or abused in some way, against the perpetrator. It is a legal document, the terms of which are dictated in accordance with the specific situation it is meant to prevent. An experienced criminal law firm may suggest taking out a VRO on someone to prevent them contacting you in any way, thus alleviating a situation and preventing escalation of the problem.

If you have been served with a VRO you should carefully consider consulting a lawyer’s list to find professional legal advice as you have to follow the terms of it carefully, otherwise you will be fined or could face a gaol term. If you feel that it is not necessary or that the terms will make life hard for you – for instance, if you will lose your job because of it – you can apply to have it changed or set aside.

If you get into trouble and are arrested by the police, you may be granted bail. This only happens if you have not committed a crime of violence and the police think you will not re-offend in any way. If you have contacted a criminal law firm they will most likely apply for bail on your behalf.

In some cases the police will let you go after you’ve been charged without any need for bail. However, you must agree to attend court on the date set, whether you get out on bail or not. There are two types of bail; police bail and court bail.