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When purchasing a property in the UK, it’s important to consider whether it is leasehold or freehold. This distinction significantly impacts your rights, responsibilities, and long-term costs as a property owner.

In this blog, we break down the key differences between leasehold and freehold ownership, explore the pros and cons of each, and discuss how these ownership types can affect different property situations and purchasing decisions.

What is Freehold?

A freehold property means that you own the building and the land it stands on outright, indefinitely. As the freeholder, you are responsible for the maintenance of both the property and the land, with no obligations to a landlord or third party. Most houses in the UK are freehold, making it the preferred type of ownership for many buyers.

Advantages of Freehold Ownership:

• Full ownership: You have complete control over the property and land with no time restrictions
• No ground rent or service charges: Unlike leasehold properties, freehold homes do not require additional payments to a landlord or management company.
• Easier to see: Freehold properties often hold their value better and are generally more attractive to buyers.
• More freedom: You can renovate and extend the property (subject to planning permissions) without needing consent from a landlord.

Disadvantages of Freehold Ownership:

• Responsibility for maintenance: All repairs and maintenance costs fall on the homeowner.
• Higher upfront cost: Freehold properties tend to be more expensive than leasehold due to the full ownership benefits.

What is Leasehold?

Leasehold means that you own the property for a set period, but not the land it sits on. Instead, a freeholder (also known as the landlord) retains ownership of the land. Leaseholders typically own flats rather than houses, and they must comply with the terms of their lease agreement.

Advantages of Leasehold Ownership:

• Lower initial cost: Leasehold properties tend to be cheaper than freehold homes.
• Shared maintenance: Maintenance and repair responsibilities for communal areas are typically managed by the freeholder or a management company.
• Some legal protections: Leaseholders have rights under the Leasehold Reform Act to challenge unfair charges and extend their leases.

Disadvantages of Leasehold Ownership:

• Limited ownership period: The property reverts to the freeholder once the lease expires unless extended.
• Ground rent and service charges: Leaseholders must pay fees to the freeholder, which can increase over time.
• Lease extensions can be costly: Extending a lease can be expensive, particularly if it falls below 80 years.
• Restrictions on alterations: Leaseholders may need the freeholder’s permission to make significant changes to their property.

Key Considerations When Buying a Leasehold Property

• Lease length: Properties with leases under 80 years can be more difficult to sell and mortgage.
• Service charges and ground rent: Always review the lease agreement carefully to understand your financial obligations.
• Leasehold reform: The UK government has proposed changes to leasehold laws, including banning ground rent for new leases and making lease extensions easier. It is essential to stay informed about potential reforms that could impact leasehold properties.

Converting Leasehold to Freehold

In some cases, leaseholders may be able to purchase the freehold through a process called enfranchisement. This is particularly relevant for leasehold house owners and flat owners who qualify under the Leasehold Reform Act. At Thomas & Thomas Solicitors, we can guide you through the process of purchasing your freehold, helping you gain full ownership and more control over your property.

Flying Freeholds

A flying freehold is a freehold property built over land which does not form part of the property, such as where a freehold property overhangs another, or projects out from underneath another. This could include:

• Rooms built across pathways
• Basement vaults
• Archways through rear courtyards

New Properties

Houses are usually sold freehold, but some new houses have been sold as leasehold. This is especially true if the property is part of a large development where the developer doesn’t own the freehold of the land; meaning they are essentially selling you the right to live on the land for a set period of time, rather than full ownership of the property itself. This often applies to properties that are part of discounted schemes like shared ownership, rent to buy and discounted housing.

Understanding the differences between leasehold and freehold properties is essential for making an informed decision when buying a home. While freehold offers full ownership and freedom, leasehold properties can come with additional costs and restrictions. Whether you are purchasing a new property, extending a lease, or considering buying your freehold, seeking expert legal advice is always recommended.

At Thomas & Thomas Solicitors, our experienced property law team is here to help you navigate the complexities of leasehold and freehold ownership. Get in touch today for tailored legal support and ensure your property investment is secure for the future.

By Beverly Cooke, Residential Conveyancer

What are the intestacy rules in the UK?

Set out in the Inheritance and Trustees’ Power Act (2014) in England and Wales, the rules detail strict instructions on who can inherit, depending on your circumstances.

• If the deceased was married or in a civil partnership and had no children, the entire estate goes to their spouse or civil partner, provided the estate is worth £322,000 or less. If the estate exceeds this amount and the deceased has children, the spouse or civil partner inherits the first £322,000 plus half of the remaining estate. The other half is divided equally among the siblings.
• If there is no spouse or civil partner, the estate is divided equally among the deceased’s children. If a child has already passed away, their share goes to their children – the grandchildren.

In England and Wales, the following people inherit, in priority order:

• Spouse and civil partners
• Children
• Parents
• Full-blood siblings
• Half-blood siblings
• Grandparents
• Aunts/uncles
• Half-blood aunts/uncles

If there are no living relatives, the entire estate passes to the Crown. It’s important to note that intestacy law does not cover stepchildren, unmarried partners, friends, and charities, meaning that many of those who are close to you may be left with nothing after your passing.

Rejecting your inheritance

In some cases, you may choose to reject the money or property you are set to inherit. This is known as ‘disclaiming’ an inheritance which then passes to the next person entitled under the intestacy rules. It is important to highlight that if you disclaim the inheritance this must apply to the whole asset. It is not possible to receive part of the asset and decline another part.

How to find out if someone has left a valid UK will

Ideally, anyone who creates a will should inform their named executors and ensure they know where it is stored such as in a solicitor’s office or a bank.

However, if you are unsure on whether a will was left, you can search for a record online through the Probate Service for a small fee.

If you cannot locate the will but believe one exists, you can report it as lost when submitting your probate application.

The importance of writing a will

When someone dies, it can be an extremely difficult time for those close to the person.  Having a will can help avoid undue stress and worry, leaving friends and family to focus on grieving with peace of mind, knowing there is a plan in place for handling the estate.

A will ensures that your assets are distributed according to your wishes, providing financial support for loved ones and reducing the risk of disputes that could cause strain or damage family relationships.

How to reduce disputes or complications in the absence of a will?

If a relative dies without a will, you can apply to the court for a ‘grant of letters of administration’ to manage their estate. This application must be made within two years of their death; otherwise, the law will begin to distribute the estate automatically based on intestacy rules.

A minimum of two administrators is required, with a maximum of four. Having multiple administrators can help reduce conflicts by ensuring the interests of different family members are represented, particularly in complex estates. However, third-party advice from a solicitor is also recommended. They can act as an unbiased party and consultant for any legal queries the administrators and their loved ones may have.

If you need help and support on matters concerning wills and probate, our team of specialists at Thomas and Thomas Solicitors provide a comprehensive range of Will services. For further support and advice, contact us here.  

By India Ford, Trainee Solicitor within the Wills and Probate Department

Introduction

I’m going to say it from the off: Don’t get hung up on the names of these statements. If you’ve used Google to get to this page because you’re representing yourself and you need to write a statement and don’t know where to start it’s important to realise there’s no set way of writing them.

You’re probably not much impressed with these words.

You’re here because you need help. Not useless info that doesn’t answer your question. But. This post does answer your question so read on.

It’s all about nuance. It’s all about understanding what a statement has been written for, rather than it’s actual name. The law

The nuances between a position statement, a witness statement, and an updating statement is crucial when navigating the UK family court system. I’ll be blunt – the law doesn’t prescribe exact formats or contents for these documents. In the (almost) 2 decades I’ve worked in family law across England and Wales I’ve seen a huge number of statements from solicitors and litigants. The truth is – they all have their own `house’ styles. The layout can vary a little, as can the wording and other features.

The important bit is what the statements are there for. What are the writers of them hoping to achieve with them?

Let’s go into details, starting with the first of the statements I mention at the head of this post – position statements.

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Position statement

A position statement is your chance to outline your perspective and objectives for a specific court hearing.

Think of it as your “elevator pitch” to the court. It’s concise, clear, and tells the court what they need to know without overwhelming them with unnecessary detail. These statements are typically used in review or directions hearings to address particular issues or updates in the case.

They can be used in a variety of applications. This includes Child Arrangment or Specific Issue Order applications.

Purpose of a position statement

The primary purpose of a position statement is to provide the court with an overview of your case or your position on the issues being considered. This could include:

• Summarising the key issues of the case.
• Highlighting any concerns you want the court to address.
• Stating what you want the court to decide (e.g., a specific order or resolution).

By preparing a position statement, you ensure the court understands your stance before the hearing even begins, which can be especially helpful if time during the hearing is limited.

Key features

• Brevity: Aim for no more than two pages. Judges often have limited time to review documents, so a concise statement ensures your key points are considered.
• Structure: Organize your statement into clear sections:
  • Background: Provide a brief history relevant to the current hearing. It’s a brief background.
  • Concerns: Highlight specific issues that need addressing.
  • Order Sought: Clearly state the outcome you desire from the court. Make sure they’re reasonable and the court has the power to order them
• Plain English: Avoid legal jargon. The goal is clarity, not complexity. Refer to individuals by their roles (e.g., “Mother,” “Father”) or first names to maintain focus.

Best practices for position statements

1. Stay Relevant: Only include information pertinent to the upcoming hearing. Avoid recounting the entire history of the case unless it directly impacts the current issues. If something isn’t relevant to the Welfare Checklist, don’t include it!
2. State fact: Don’t say anything you’re not sure about.
3. Number the paragraphs: This makes your statement that much clearer.
4. Be Persuasive: Use factual language to support your position. Avoid emotional appeals or accusatory language.
5. Proofread: Spelling mistakes and bad grammar probably make much difference so don’t worry about that. But make sure what you’re saying is clear and as unambiguous as possible.
6. Provide Copies: Submit your position statement to the court and ensure all parties receive a copy before the hearing. Bring multiple printed copies to court as a backup. If you’re going to be before a judge, he/she will need a copy, as will the other party (it’s important to ensure they have one) and you’ll need at least one for yourself. If you’re seeing magistrates, take 3 copies for each of them.
7. Case details: The case number, the court, the names of the parties, and the name and date of birth of the children should be at the top of the first page.

A good position will ensure the court knows everything you need to know before you open your mouth (or if you don’t get enough time to explain things to your satisfaction). It’s especially useful if you’re a litigant in person: You can use it to enable you to be clear about the situation before you get into the court room and also as a script when you’re there.

Unless you’ve specifically been ordered to do so, don’t provide your statement to anyone until you get into court. Find an usher – they’ll be the harassed-looking staff members wearing black robes – and ask them to give a copy to the court before you go in. Most of the time they’ll happily do so. Sometimes they’ll tell you to give it to the reception desk or else take it in with you.

Almost all courts are more than happy to accept well-written and concise to statements: If you’re helping the court, it’s usually welcomed. Don’t pay too much heed if your ex partner’s solicitor tells you or the court that your statement should be ignored because `it hasn’t been ordered’. They may be right…but there is nothing in law that says you can’t submit a statement so don’t worry about that. On rare occasions, the legal advisor may refuse the statement in court too on these grounds too – but it’s rare.

Don’t be disheartened if this happens.

I’ve mentioned the advantages of having a statement even if you are the only one who sees it – and when you consider the fact that your statement will almost be accepted, it’s certainly worth doing.

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Witness statement

A witness statement serves as the testimony of an individual involved in the case. It provides a factual account of events or observations and is used as evidence in court. Unlike a position statement, which outlines your stance, a witness statement focuses on facts and personal experiences.

What Is a witness statement?

Witness statements are formal documents that detail what the witness has personally seen, heard, or experienced. They’re crucial in presenting evidence to the court and can significantly influence the outcome of a case.

Key features

1. Statement of Truth: Every witness statement must begin with a declaration such as:“I, [Name], of [Address], make this statement believing the contents to be true and knowing that it will be placed before the Court as evidence. I say as follows:”This declaration underscores the seriousness of the statement and reminds the witness of their obligation to be truthful.
2. Factual Content: Witness statements should focus on facts, not opinions. Include details about what the witness personally experienced, avoiding hearsay or speculation.
3. Signature and Date: The statement must be signed and dated by the witness, affirming their belief in its truthfulness.
4. Evidence can be attached: Don’t put too much in. If you genuinely have a lot the court needs to see, a bundle may be a better option (which strictly speaking is the procedurally correct way of doing things under Practice Direction 27A but often pointless at the early stages in a case).
5. Add case law: Don’t get hung up on this. Case law can help. But nowhere near as much as being seen to be whiter-than-white, child-focused and providing solutions instead of problems.

Drafting a strong witness statement

• Be Detailed: Include specific dates, times, and locations where relevant. Precision lends credibility.
• Use Plain Language: Avoid legalese and focus on clarity.
• Stay Objective: Stick to the facts without embellishment or bias.

Considerations for witness statements

If someone else has written a witness statement – which needs to follow the same guidelines I mention above, they need to be prepared to attend court and face cross-examination based on their statement. A statement provided without it’s author being available to answer questions in court can carry less weight than one where they are.

A badly-written statement or one whose contents is dubious can make your position more difficult too – so be careful!

Therefore, it’s essential to ensure the statement is accurate, truthful, and relevant to the case. Witnesses who provide misleading or false information risk undermining their credibility and harming the case.

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Updating statements

Updating statements are used to inform the court of developments or changes since the last hearing or submission of statements. This type of statement is particularly valuable in ongoing cases where new information could influence the court’s decisions.

These statements aren’t that common. Courts can order them. If you’re writing a position statement (with or without the court ordering it) they’re pretty much the same. But there are some differences…

When to use updating statements

Updating statements are appropriate when:

• Significant events have occurred since the previous hearing.
• New evidence or information has come to light.
• Circumstances have changed, such as a change in living arrangements or a new professional report.

Key features

• Recency: Focus on developments that have occurred since the last statement or hearing.
• Relevance: Only include updates that directly pertain to the issues before the court.
• Clarity: Present the information in a straightforward and organized manner.

Best Practices

• Avoid Repetition: Don’t restate information already provided unless necessary for context.
• Be Concise: Stick to the key updates without overloading the statement with unnecessary detail.
• Provide Evidence: Attach supporting documents where appropriate, ensuring they’re labeled and referenced clearly.

Updating statements `fill in the gaps’ between hearings. When they’re ordered it’s often because the court anticipates things to have happened since the last hearing – if nothing has happened there’d be no point in writing one.

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Commonalities across all statements

While each type of statement serves a unique purpose, there are some key similarities:

1. No Prescribed Format: The law doesn’t dictate how these statements should look or what they should include. However, following conventions can make them more effective.
2. Respectful Tone: Maintain professionalism and objectivity. Avoid emotional language, personal attacks, or inflammatory statements.
3. Clarity and Brevity: Judges appreciate documents that are easy to read and straight to the point.
4. Accuracy: Ensure all information is truthful and verifiable.

Like I mention above…don’t get hung up on the name of these statements. I’ve heard some strange names for statements over the years and what they do is far more important that what the court is calling them!

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How to attach evidence

When attaching evidence to a witness statement, it’s crucial to reference it clearly within the text. For example, you might write:

“See attached document marked Exhibit A.”

Ensure all evidence is labeled consistently and presented in an organised manner. Remember, any evidence attached to a witness statement must be accompanied by a Statement of Truth. Without one the worst case scenario is the court rejecting it and/or the other party making a lot of noise about how it can’t be trusted because it’s missing one. It’s nit-picking to do this. But if you can avoid this situation, you absolutely should.

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Tips for crafting effective statements

1. Plan Ahead: Start drafting your statements well before the hearing to allow time for revisions.
2. Seek Feedback: Have someone review your statements to ensure they’re clear and persuasive.
3. Use Templates: While there’s no prescribed format, using a template can help ensure you include all necessary elements.
4. Focus on the Audience: Remember, the judge is your primary audience. Tailor your statements to their needs and priorities.
5. Stay Calm and Objective: It’s easy to let emotions influence your writing, but staying composed will make your statements more effective.
6. Don’t add implicit info: You need need to say you’re acting in the best interests of your child, explicitly state how something relates to the Welfare Checklist, etc. Doing so just takes up valuable real estate on your statement that the court already knows.

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Conclusion

I’ll say it again: Don’t get hung on up on the name of the statement when you’re writing witness, position and updating statements.

The important bits are:

• Details of the case so the court knows who and what matter it is dealing with.
• What the background of the case are, what the problems are and what you want doing about it.
• A statement of truth if you’re submissing evidence (not usually needed in position or updating statements unless you want to evidence).

You don’t want to be arguing over your statement either. A bad statement can do more harm than good – such as when the judge takes issue with it’s contents or you’re being cross-examined by a hostile barrister in an attempt to discredit you. So only put things in that are a) true b) the other party can’t use to attempt to discredit your case.

A good statement is worth it’s weight in gold: A bad one…you’re better off without one.

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Going through the family court is hard.

It can be an intimidating, confusing and emotive environment – especially when you’re representing yourself. Our recommendation is that it is never a good idea to go to court entirely alone.

This is where a McKenzie Friend comes into play. For many people, they can be a game changer for a whole host of reasons. And it’s not just cost – they’re way more than `cut price’ solicitor-substitutes although they usually charge far less).

Having the right person by your side can make a huge difference in your case (though nothing is guaranteed when it comes to law!). Don’t assume that anyone – McKenzie Friend or solicitor is going to fix everything. It could be you don’t want the hefty price tag of legal representation. There are solicitors that charge less than others and a McKenzie Friend will often charge you less still.

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What is a McKenzie Friend?

A McKenzie Friend is an individual who supports someone representing themselves in court (a litigant in person). The name comes from a case in the 1970s =  McKenzie v McKenzie. In this case it was established litigants were allowed to have someone by their side to provide guidance and support during legal proceedings.

It’s important to state a McKenzie Friend doesn’t need to have formal legal qualifications (although many do, such as our team members). They aren’t cut-price solicitors.

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The role of a free (and any other) McKenzie Friend

Afree McKenzie Friend can be a cost-effective way to receive support during your court case. But they’re rare. We’ll go into that later in this post.

Here’s how a McKenzie Friend can assist you:

1. Providing moral support: Court proceedings can be stressful. They can offer a reassuring presence, helping you stay calm and focused.
2. Assisting with case papers: They can help you organise and understand your documents, ensuring you’re well-prepared.
3. Offering quiet advice: They can quietly suggest strategies, point out important aspects, and keep you informed about what’s happening during a hearing.
4. Taking notes: It’s important to keep a record of what happens and what is said during a hearing. It may come in useful later, help you understand aspects of your case and can be invaluable if you have to appeal.

A good McKenzie Friend can absolutely make a huge difference to a case. We frequently get told by clients who have been through the court `I wish I’d found you earlier. We’ve also been told `Why didn’t my solicitor tell me this?’ and `I’ve made more progress in a month with you than I have for the last 3 years’.

That’s not to say every McKenzie Friend is the right person to help you. But there are some amazing ones out there (and of course…there are bad ones too!)

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Limitations of a McKenzie Friend

I’ll be honest with you. While there are several advantages to using a McKenzie Friend there are downsides. It’s important to understand their limitations:

• No Right of Audience: They don’t have automatic rights of audience – they cannot speak on your behalf in court unless granted permission by the judge, which is not guaranteed. If you need someone to speak for you…only a solicitor or barrister can do that.
• Cannot Conduct Litigation: They aren’t allowed to manage your case outside of court, such as signing documents or corresponding with the other party.
• Cannot act as your agent: They can’t represent you. In some rare cases this does happen in my experience, but it’s rare and again…if you need someone to do this for you, you definitely need a solicitor or barrister.

A McKenzie Friend cannot `represent’ you. They assist you.

Next up – the advantages to using one….

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Benefits of using a McKenzie Friend

Choosing a McKenzie Friend has several advantages:

• Cost Savings: Legal fees can be prohibitive – at a recent legal conference, our founder Michaela Wade heard from a speaker that a legal bill of £53,000 for one case wasn’t `disproportionate‘. A McKenzie Friend provides support without adding to your financial burden (and if you have a free one…it’s a lot cheaper too).
• Personalised Assistance: Often, McKenzie Friends are individuals who have personal experience with the legal system and can offer empathetic, tailored support. Some specialise in certain aspects of family law or certain perspectives.
• A fresh approach to resolving issues: The legal profession is, by and large, deeply conservative and resistant to change. The best McKenzie Friend look for solutions and will tell you what actually works as opposed to what `should’ work.
• More responsive: While many McKenzie Friends keep regular hours, they’re often much more swift when it comes to responding to changing situation and messages. You’re far less likely to be told `There’s no one to assist you until next week’, with online booking and file upload systems to make things as easy as possible for you.

We’d say that 80% of people are fully able to represent themselves with the assistance of a McKenzie Friend and not just simple cases or ones where there is agreement between both parties. The best McKenzie Friends assist in complex cases in the High Court – something many solicitors will never do.

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Potential drawbacks

However, there are some considerations to keep in mind:

• Varied Expertise: McKenzie Friends aren’t required to have formal legal training. This means their knowledge and experience can vary significantly. They can range from legally qualified individuals who do everything they’re permitted to do under the rules concerning McKenzie Friends, through to a friend who comes and provides moral support (although you need to understand that strictly speaking anyone with an interest in a case shouldn’t act as a McKenzie Friend).
• Lack of Regulation: McKenzie Friends are unregulated, meaning there’s no official body overseeing their conduct or ensuring a standard level of service.
• Lack of insurance: Solicitors and barristers have a legal requirement to be insured; McKenzie Friends don’t.

It’s important to ensure you know the ups and downs of a McKenzie Friend before you engage one (or decide it isn’t right for you). Because it’s far easier to say `Thanks but no thanks’ rather than deciding whoever is helping you isn’t the right person to be by your side during your case itself.

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Choosing the right McKenzie Friend

When selecting a free McKenzie Friend, consider the following:

• Experience and background: Inquire about their familiarity with cases similar to yours. Personal experience with the legal system can be beneficial.
• Availability: Ensure they can commit the necessary time to assist you, both in preparation and during court proceedings.
• Compatibility: It’s crucial to feel comfortable with your McKenzie Friend, as you’ll be relying on them during a potentially stressful time.

Established McKenzie Friends tick these boxes – it’s their full time job; there are people who do this part time however. Beware of people who are hold to get of, hide behind social media posts or webpages and have an aggressive attitude.

Check Google reviews. Search for names online. Look for social media posts. But be aware that even the best McKenzie Friend is going to have someone who wasn’t impressed – because the court process is hard, it’s an emotive subject and even with the best legal brain by your side there is no guarantee the court will make an order you like.

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Preparing for Court with a McKenzie Friend

To make the most of your McKenzie Friend’s assistance:

• Organise your documents: Have all relevant paperwork ready and in order.
• Discuss your case thoroughly: Ensure your McKenzie Friend understands all aspects of your situation to provide the best possible support.
• Plan your strategy: Work together to outline how you’ll present your case, including any key points you need to address.
• Listen to them: If you continually disagree with the person helping you, you don’t trust them or ignore their advice, asking yourself iif they’re the right person to help you.

A family court case can be hard. Your McKenzie Friend (and you!) should be making it as easy as possible so all your energy is directed towards achieving the right outcome.

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Conclusion

A free McKenzie Friend is hard to come by. It’s hard to find someone who is able to both give your case the attention it deserves while being able to pay their own bills.

Look hard enough and you will undoubtedly find people who will help you with paperwork, forms, documents and explaining things to you for free – but many will be limited when it comes to assisting you in your 3-day court hearing as they have work to go to).

But a good McKenzie Friend who charges?

They can be a valuable ally when navigating the legal system on your own. They offer support, guidance, and a calming presence during what can be a challenging time. However, it’s essential to understand their role’s limitations and choose someone who aligns with your needs and circumstances. By doing so, you can approach your court proceedings with greater confidence and clarity.

1. What Is Family Law?
2. Why Understanding Family Law Matters
3. The Family Court System in England and Wales
   1. How the Family Court Handles Cases
4. Do I Always Have to Go to Court for Family Law Issues?
   1. Alternatives to Court in Family Law Disputes
5. Understanding Divorce and Separation Under Family Law
6. Child Arrangements and Parenting After Separation
   1. How Family Law Protects Children’s Interests
7. Financial Settlements in Family Law Cases
   1. Dividing Assets and Financial Agreements
8. Domestic Abuse: Family Law Protections
9. How Family Law Supports Victims of Abuse
10. Adoption, Surrogacy, and Other Matters
    1. Legal Process for Adoption and Surrogacy
11. Getting Help and Advice About Family Law
    1. Where to Find Support
12. Conclusion

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What Is Family Law?

Family law is the branch of law that deals with issues involving family relationships.

This includes marriage, divorce, child custody, adoption, and financial matters. It exists primarily to solve disputes; moreover, it is about protecting people’s rights and ensuring fairness during emotionally difficult times.

The main areas of family law include:

Each case in family law is different; after all, each family is different. The courts aim to put the needs of any children first and promote fairness between adults in other situations.

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Why Understanding Family Law Matters

Family law is challenging.

There’s nothing more personal than what happens to your children. Similarly, how your divorce is handled and how financial matters are resolved after a separation are deeply personal issues.

It is there to provide protections during the most vulnerable times in many people’s lives; in particular, when they are facing major changes such as separation or divorce. For example, family law ensures that a child can continue a relationship with both parents following a separation or divorce. Furthermore, it seeks to ensure that financial matters are resolved fairly after a divorce, all while aiming to minimise disruption and distress for all parties concerned.

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The Family Court System in England and Wales

In England and Wales, family law cases go through the Family Court. This court deals specifically with cases involving children and families.

The UK has separate jurisdictions too – Scotland and Northern Ireland have their own laws and systems which differ to those in England and Wales (which make up one jurisdiction). When mentioning the law in this post and on this website we are speaking specifically about the court in England & Wales, nowhere else.

The Family Court in other areas often use many of the same concepts but you need to be careful because there can be crucial differences that can cause you problems if you misunderstand things.

In conclusion, be careful about where you get your information!

How the Family Court Handles Cases

Some key points about the Family Court:

• It’s less formal than criminal or civil courts. You won’t see anyone wearing gowns or wigs in court hearings. Plain English is encouraged, and hearings often take place in settings that are far less imposing than you might expect. In the same way, court staff are trained to support litigants and make the experience as stress-free as possible.
• In most cases, hearings are private, meaning that the public and press are generally not allowed to attend. In hearings there’s no `public gallery’ and only people related directly to the case such as the litigants themselves, their solicitor/barrister or McKenzie Friend and, experts and witnesses. 
• The court often encourages agreements outside of court if possible. In most cases, the best solutions are those created by the people involved themselves, as they are more likely to feel satisfied and committed to following them. The court is always reluctant to impose a decision on people who don’t like it and believe amiable solutions are always best.

Different levels of the family court deal with family law cases. But they all usually follow the same rules and laws. This means both magistrates and judges deal with cases. The more complex a case, the more likely a judge – or even judges in the High Court – will deal with a case.

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Do I Always Have to Go to Court for Family Law Issues?

No. In many areas of family law the court actively encourages people to avoid it wherever possible.

Currently, the court is overwhelmed with cases. Moreover, it adopts the view that individuals are best placed to find solutions to matters that profoundly affect their lives, as they know and care about their situation (or their children) more deeply than anyone else.

Alternatives to Court in Family Law Disputes

Alternatives to court include:

• Mediation – a neutral third party helps you and the other person reach an agreement. In many parts of family law, mediation is usually a required legal step before you go to court.
• Collaborative law where each person has a specially trained solicitor, and everyone agrees to work together to solve the issues without going to court.
• Arbitration which is a private process where an arbitrator makes a binding decision, like a judge would.

Family law promotes these alternatives because they are often quicker, less expensive, and less stressful than a full court hearing.

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Understanding Divorce and Separation Under Family Law

One of the most common reasons people encounter family law is because of a divorce or separation.

Divorce law in England and Wales changed in 2022 with the introduction of “no-fault divorce”. This means you no longer need to blame your partner for the breakdown of the marriage. You simply need to state that the marriage has irretrievably broken down.

Separation can involve similar issues to divorce, particularly if you have children or shared finances, even if you weren’t married; however, it’s important to understand that different laws apply in this case.

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Child Arrangements and Parenting After Separation

Child arrangements are a huge part of family law. For example, when parents separate, the court can make decisions about:

• Who the child will live with
• How often the child will see the other parent
• How you will handle holidays and special occasions

How Family Law Protects Children’s Interests

The courts have an obligation to prioritise the best interests of the child. Ideally, family law encourages parents to agree arrangements between themselves; nevertheless, if they are unable to do so, the court can step in and make an order to resolve the matter.

You can learn more about child arrangements through Child Custody in the UK (Everything Your Need to Know).

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Financial Settlements in Family Law Cases

Sorting out finances after a breakup can be tricky. Family law covers how assets like houses, pensions, savings, and debts should be divided. They’re covered by the Matrimonial Causes Act; however, this only applies to couples who were married.

Dividing Assets and Financial Agreements

Factors the court considers include:

• The length of the marriage
• The needs of any children
• The financial needs and earning capacities of each person
• Contributions made to the family

There are several other factors aside from these. Handily, these factors are listed in Section 25 of the Matrimonial Causes Act.

Nevertheless, I’ll reiterate: financial agreements can be reached through negotiation, mediation, or court orders. In an ideal world, you would avoid court proceedings, given that they can often be costly and emotionally draining.

That’s not to say you shouldn’t get a court order even if you’re in agreement with your ex spouse however. While there is no legal requirement to get one you do remain tied financially until that happens and the only way to guarantee you don’t face an unwanted court application concerning finances after your divorce is finished is to do this.

A divorce itself doesn’t resolve finances. As a result, you’re probably going to need a separate case.

On the other hand, if you and your ex-partner remain amicable, you can often draw up a draft order that neatly ties up all loose ends, which you both sign and submit to the court for approval.

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Domestic Abuse: Family Law Protections

Domestic abuse is an issue for many people seeking help with family law. It can be a long-standing issue, being a contributing factor in the divorce. However, even in marriages where that hasn’t been the case, divorce itself can cause `situational violence’. In other words, emotions can spill over into abuse.

It isn’t just physical violence either; it can include emotional, financial, and coercive control. It can take many forms.

How Family Law Supports Victims of Abuse

Family law provides several protections, such as:

• Non-molestation orders: To prevent an abuser from contacting or harassing you
• Occupation orders: To decide who can live in the family home

Getting help quickly is important. The court’s first concern is safety for everyone concerned and it can deal with things on an emergency basis when needed.

Sites like Women’s Aid and Men’s Advice Line offer confidential support too.

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Adoption, Surrogacy, and Other Matters

Also covered are topics like adoption and surrogacy. If you wish to adopt a child or arrange a surrogacy, there are legal processes in place to ensure that everything is handled properly, with the child’s best interests always at the forefront.

Legal Process for Adoption and Surrogacy

The court needs to approve adoptions to make them legally binding. Surrogacy arrangements can be complex, and it’s vital to seek advice early.

Find more information at Family Law Assistance: Adoption and Cafcass (the Children and Family Court Advisory and Support Service).

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Getting Help and Advice About Family Law

You don’t have to face family law issues alone. While many people will believe a solicitor is the automatic choice when you need help in this area, there’s no legal requirement to do so.

You are entitled to use a solicitor; alternatively, you can go entirely alone, use a McKenzie Friend, or seek help from a support service.

Where to Find Support

There’s a wide range of services out there – but you may have to search for it!

Organisations like ours (Family Law Assistance) provides a huge number of posts (like this one!) to enable people to understand how it all works and provide tips for anyone choosing to go it alone. We also we offer affordable, practical help if you need support preparing court documents, attending hearings, or simply understanding your options.

There are multiple others who do similar things and even charities that provide a wide range of services.

Many solicitors provide free consultations to explain how they can help prospective clients and offer some clarity on situations too.

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Conclusion

This can all seem complex, even though the principles it deals with are actually quite simple.

It protects and supports you during important moments in your life. It’s especially there for times when you feel shocked, hurt, and upset. Whether you’re dealing with a divorce, sorting out child arrangements, or seeking protection from domestic abuse, understanding family law empowers you to make informed decisions.

There’s a huge amount of information out there if you look for it and a large number of people and organisations to help too.

In the meantime, have a look around this website to find out a little more!

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Parents often want to change their child’s name after separation.

Ask around online and in person and you’ll be told it’s as simple as doing it by deedpoll. News flash: It isn’t.

Changing a child’s name is a significant decision for any parent or guardian. It’s not just about picking a new name; it involves understanding the legal requirements, gathering consent, and ensuring that the name change is recognized by relevant organizations.

I can’t say this clearly enough:

A deed poll alone does not have legal weight for a child. Simply paying for a deed poll document will not legally change your child’s name. In this guide, I’m going to tell you how the law in England and Wales works around the subject, how to change your child’s name and explain what a deedpoll actually achieves.

Before I do that – we’re talking more about surnames than first names. The law doesn’t say much about first names – all the `action’ is in family names and a court is less likely to consider a change of first name.

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What Is a deed poll?

A deed poll is a formal document that declares a change of name.

That’s it. It’s a declaration – a piece of paper that has been certified and basically says `This person has changed their name and it’s been witnessed’. For adults, this document can serve as sufficient proof of a name change, allowing individuals to update their records with various organizations.

However, for children, the situation is more complex.

This is because children (unlike adults) are subject to the Children Act 1989. A deed poll on its own does not legally change a child’s name unless it is backed by proper consent from all individuals with parental responsibility – because a certificate from a company doesn’t instantly overall statute.

This means that organisations like schools, passport offices, and healthcare providers may not accept a deed poll as valid without extra steps (see below!)

Understanding the limitations of a deed poll is essential when planning to change your child’s name.

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What happens if I change my child’s name by deed poll but nothing else?

Let’s deal with practicalities.

If you change your child’s name by deed poll and do nothing else…it’s going to feel in a lot of ways it’s all done and dusted. No one is going to stop you, say it doesn’t work like this or try to stop you (other than your ex partner – but we will go into that later).

Your child’s school will likely accept the name change. Partly because of a lack of knowledge of the law but often because the requirement is that the name on the birth certificate needs to be `acknowledged’ but a `known as’ name (the one on your new deed poll) can be used.

 

If you try to get a bank account in your child’s new name however…you may run into problems. Banks and other company’s aren’t compelled either way to accept or reject any names you ask for on an account – but they have the right to refuse and may do so when it comes to providing identification to prevent fraud (and as I say…deed polls are just declarations made with witnesses).

The real problems you’ll run into is when it comes to things like passports – you won’t get a passport with a name other than that on the birth certificate. Deed polls can be accepted as part of a passport application, if they’ve been `enrolled’ at the High Court (i.e. the court has made an order for this to happen) or everyone with Parental Responsibility for the child has provided a signed letter of agreement by everyone who has parental responsibility for the child concerned.

Anecdotal stories come up too where someone, getting married, finds out their `official name’ is different from the one they’ve grown up using – because when it comes to things like this…what is on the birth certificate is what really counts.

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Why might you want to change your child’s name?

There are many reasons why parents or guardians might want to change their child’s name. Some of the most common include:

• Family changes: Divorce, remarriage, or adoption can lead to a desire to change a child’s name to reflect their new family situation.
• Cultural or personal preference: A name change might align with cultural heritage or better reflect the family’s values and identity.
• Correcting errors: Mistakes in the spelling or recording of a name on the birth certificate may need to be corrected.
• Child’s wishes: As children grow older, they may express a desire to change their name for personal reasons.
• Personal reasons: Parents who are hurt by separation may wish to wish to change a child’s name to distance themselves and the child from an ex partner or spouse.

If you wish to change your child’s name and your ex partner/spouse won’t agree to a change you’re going to have to go to court. The court will want to know how you feel it is in your child’s best interests to change their name and may ask you how you feel they will come to harm if their name remains.

It’s important to realise that a family name is considered an important link to their heritage and if it is felt that a name change is being sought to do this to erase a child’s identity your chances of success here may be limited. You may also be asked why you felt that the original name was in their best interests…but isn’t now – separating from a parent on it’s own is unlikely to be seen as enough justification.

While the reasons vary, the process always requires careful consideration and legal compliance to ensure that the change is recognized and beneficial for the child.

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Legal framework for changing a child’s name

Who has the right to change a child’s name?

In England and Wales, a child’s name can only be changed with the consent of everyone who has parental responsibility (or a court if it orders it).

This includes:

• Biological mothers (who automatically have parental responsibility).
• Fathers married to the mother at the time of the child’s birth.
• Unmarried fathers listed on the birth certificate.
• Legal guardians or others who have been granted parental responsibility by the court.

If anyone who has parental responsibility for a child does not consent to the name change, you cannot proceed with the process. In such cases, you may need to apply to the court for a Specific Issue Order.

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Parental responsibility and consent

Parental responsibility refers to the legal rights, duties, and responsibilities that a parent has regarding their child. It’s important to understand who holds parental responsibility in your specific situation, as this will determine whose consent you need to obtain. Without proper consent, a deed poll will not be effective in legally changing the child’s name.

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The role of a Deed Poll in changing a child’s name

To reiterate – while a deed poll is often seen as the go-to method for changing a name, it’s not a standalone solution for children. The document serves as evidence of a name change, but its validity depends on meeting all legal requirements, including obtaining full consent. Without these prerequisites, organisations may reject the deed poll.

What a Deed Poll does and doesn’t do

• Does: Provides a written declaration of the intent to change a name.
• Doesn’t: Overrule the need for consent from all individuals with parental responsibility.
• Does: Help update records with organizations once legal consent has been secured.
• Doesn’t: Automatically lead to a legal name change for a child.

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Step-by-step guide to legally changing a child’s name

Step 1: Obtain consent

The most critical step in the process is obtaining written consent from everyone with parental responsibility. This consent is non-negotiable. If someone with PR for a child disagrees with the name change, the process cannot proceed without court intervention.

What to do if consent Is withheld

If someone with parental responsibility refuses to give their consent, you can apply to the court for a Specific Issue Order. The court will decide based on what is in the child’s best interests. Factors considered include:

• The child’s relationship with both parents.
• The child’s wishes, if they are old enough to express them.
• The reasons behind the name change request.

Step 2: Draft a Deed Poll

Once consent has been obtained, you can draft a deed poll document. This document should include:

• The child’s current name.
• The new name.
• A declaration that the name is being changed.

You can create this document yourself or use a professional service to ensure accuracy and compliance with legal standards. Although if you have a court order with a new name…you may not feel the need to get a Deed Poll at all (although many people do because – well – I think they like the certificate).

Step 3: Use the Deed Poll to update records

After the deed poll is completed, you’ll need to notify relevant organizations of the name change. This includes:

• Passport office
• Schools and educational institutions
• GP and NHS records
• Financial institutions (if applicable)

Each organisation may have its own requirements for accepting a name change. Some may request additional evidence, such as the written consent of both parents or a court order.

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Court applications for name changes

If consent cannot be obtained from all parties with parental responsibility, you may need to involve the court. This can be a lengthy and sometimes challenging process, but it’s often necessary when disputes arise.

Applying for a Specific Issue Order

A Specific Issue Order is a court order that resolves disputes about specific aspects of a child’s upbringing, including name changes. When reviewing your application, the court will consider the criteria set out in the Welfare Checklist. Among other factors it includes:

• The welfare of the child as the primary concern.
• The child’s views, depending on their age and maturity.
• The impact of the name change on the child’s relationships.

The court’s decision will be based on what it believes is in the child’s best interests.

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Common misconceptions about deed polls and name changes

Myth: A Deed Poll automatically changes a child’s name

Reality: A deed poll is only one part of the process. Without consent or a court order, it has no legal weight for children.

Myth: Paying for a Deed Poll service guarantees a name change

Reality: Many companies advertise deed poll services, but these documents are not legally binding for children unless all other legal conditions are met.

Myth: Organisations must accept a Deed Poll

Reality: Many organizations require additional evidence, such as parental consent or a court order, to update a child’s records.

FAQs about changing a child’s name

Can I change my child’s name without the other parent’s consent?

No. If the other parent has parental responsibility, their consent is legally required. If they refuse, a court order is necessary.

How long does the process take?

The timeline depends on several factors, including obtaining consent and updating records. Court applications can add several months to the process.

Is a Deed Poll valid for life?

Yes. Once a deed poll is issued and legally supported, it remains valid indefinitely.

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Final thoughts

Changing your child’s name is a meaningful but complex process. It’s also a very emotive one – it can feel like an extreme rejection by the other parent.

Deed polls hold no legal weight. it’s not a standalone solution for children. Legal compliance, including obtaining consent from all individuals with parental responsibility, is essential to ensure the name change is recognised.

Otherwise? That impressive certificate you paid a lot of money may look good on the wall…but not much use for anything else.

To find out how to do it lawfully and get the help you need to achieve this, book an Ask Me Anything online session and we’ll tell you everything you need to know.

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Franchising in the UK is BIG.

I’m going to guarantee you’ve heard of brands that are franchises (and may not know it). I’m pretty sure you’ve bought from one over the last week too. Just these facts should give you an inkling about how successful and prevalent this model is, as well as a clue about the opportunities that are out there:

There are more options open to you than either working as a paid employ or going it utterly alone.

Franchsing is a diverse and dynamic industry. It offers opportunities for budding entrepreneurs and established businesses alike. It’s a business model that has stood the test of time, providing a proven formula for success and given a huge number of people both the satisfaction of running their own business while enjoying the benefits open to them.

This is all well and good. Because many people aren’t clear what franchising is and don’t appreciate why is it such a powerful business tool.

I’m going to explore the above (and more) in this blog post. I’m going to talk about the history of franchising, how it has evolved globally and within the UK, and take a closer look at some of the most notable franchises operating today, from household names to emerging stars.

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What is franchising?

Let’s start with the basics. What even is `franchising?’

At its core, franchising is a partnership between two parties: the franchisor, who owns an established brand or business model, and the franchisee, who operates a branch of the business under the franchisor’s guidance.

This relationship allows franchisees to benefit from the reputation, support, and systems of the franchisor while still running their own business. A good franchise is one that is a win-win for everyone – if the franchisee is doing well…so is the franchisor. For franchisees, it’s an opportunity to start a business with a lower level of risk compared to starting from scratch. Meanwhile, franchisors expand their footprint and revenue without taking on the responsibility of running each location directly. This win-win setup has made franchising a cornerstone of the business world and particularly important in the UK economy.

That’s it in short. The concept is simple – the detail is usually more…detailed (of course). But that’s it.

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A brief history of franchising

The global beginnings of franchising

Franchising isn’t a modern invention—it has deep historical roots.

Some trace its origins back to the Middle Ages, when local authorities granted individuals rights to operate businesses, collect taxes, or maintain order in specific areas. This was a primitive version of franchising, where individuals operated under a larger system’s authority.

In the 19th century, franchising took a more recognizable form.

One of the first structured franchise agreements can be attributed to Isaac Singer, who franchised the rights to sell his sewing machines in the United States. Yes – those ones. You’re almost certainly to have heard of this brand and it’s quite possible you know someone who has one of these machines. A franchise that started over 170 years ago in 1851 is still alive, kicking and famous.

This marked the beginning of a structured business relationship where training, branding, and operating procedures were all part of the package.

The United States also witnessed the rise of large-scale franchising in the automotive and food industries. Companies like Coca-Cola and General Motors granted franchises to expand their reach, setting the stage for the modern franchising boom. Just about every fast food chain you’ve heard of is a franchise, as well as gyms, hotel chains, DIY stores and more.

These franchises are huge. Again…this is a testament to their success.

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Franchising in the UK: From pubs to fast food giants

Franchising, initially kicking off in the US quickly crossed to the UK.

In the UK, franchising began to take shape with tied pubs, where breweries would license pub owners to sell their products exclusively. This was an early form of business franchising, though it lacked the structured support systems we see today. Pub chains you’ve probably heard of include Marston’s, Fullers and Greene King.

The real franchising boom in the UK started in the mid-20th century. American fast-food chains like McDonald’s, KFC, and Burger King entered the UK market, bringing with them their tried-and-tested franchise models. These brands introduced the UK to the benefits of franchising: uniformity, quality control, and rapid scalability. Over time, franchising expanded beyond fast food to include industries like retail, education, home services, and even legal and financial consultancy.

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The current state of franchising in the UK

Today, franchising is a thriving sector in the UK.

And yet despite having heard of the many brands that are franchises…they seem to slip beneath the radar of many people.

Perhaps it’s because when you visit a franchise’s location that branding and products are so standardised you’d be forgiven for thinking you’re in just one of a large business’ premises and it’s directed from a large office somewhere. It could be argued that this means the franchise sector is a victim of it’s own success in this respect…visibility can be a problem.

But consider this.

According to the British Franchise Association (BFA), franchising contributes over £19 billion to the UK economy annually and supports more than 700,000 jobs. There are now over 900 different franchise brands operating in the UK, ranging from small local businesses to global giants.

One reason for franchising’s success in the UK is its versatility. From gyms to tutoring services, dessert parlours to estate agencies, franchising spans a wide array of industries. This means there’s something for everyone—whether you’re an aspiring entrepreneur or an established brand looking to scale.

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Why franchising is popular in the UK?

1. Lower risk: Franchising offers a proven business model, reducing the risks associated with starting a business from scratch. Franchisees receive training, marketing support, and a recognizable brand name, which can significantly boost their chances of success.
2. Scalability for franchisors: For businesses, franchising is a cost-effective way to grow. By licensing their brand and processes, they can expand without the overhead of directly managing each location.
3. Consumer trust: British consumers tend to trust established brands. Franchising allows new business owners to tap into that trust, giving them a competitive edge in the market.

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Major franchises in the UK

The household names

Some franchises have become household names in the UK, thanks to their consistent quality and widespread presence. Let’s take a look at a few of the big players:

• McDonald’s: Since opening its first UK branch in Woolwich in 1974, McDonald’s has become a cornerstone of British high streets. With over 1,600 outlets nationwide, it’s a prime example of how a well-executed franchise model can achieve phenomenal success.
• Domino’s Pizza: Entering the UK market in 1985, Domino’s quickly became the go-to pizza delivery service. Its innovative online ordering system and consistently high-quality products have cemented its reputation as a leader in the sector.
• Subway: Known for its customizable sandwiches, Subway has expanded rapidly across the UK. It appeals to health-conscious consumers and those looking for quick, affordable meals.
• Costa Coffee: The UK’s love affair with coffee has made Costa one of the country’s most successful franchises. With over 2,000 stores, Costa has become synonymous with quality coffee and cozy cafes.

Notice how they’re all food retailers? Don’t be too surprised – food is (not surprisingly) big business and these are long established brands. All of these aside from Costa Coffee are American too – which meant by the time they arrived in the UK they were already well established enterprises.

The rising stars

While big brands dominate the landscape, smaller franchises are also making waves by carving out unique niches:

• Kaspa’s Desserts: Specializing in indulgent treats like waffles, sundaes, and milkshakes, Kaspa’s has tapped into the UK’s growing dessert culture. The vibrant, Instagram-friendly interiors of its locations make it a hit among younger customers.
• Snap Fitness: This 24/7 gym franchise has grown in popularity due to its convenience and affordable pricing. With a focus on flexibility and no long-term contracts, Snap Fitness appeals to modern lifestyles.
• Tutor Doctor: Operating in the education sector, Tutor Doctor provides personalized tutoring services for students of all ages. With education being a priority for many UK families, this franchise has seen consistent demand.

These are newer brands – and reflect a growing trend of the franchising model expanding into other sectors (aside from food). It represents the model maturing and again points to it’s overall success.

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Emerging trends in UK franchising

Franchising in the UK continues to evolve as a result of broader societal changes. The traditional models of either working for someone else/a business or otherwise starting your own business from scratch have been supplemented by the franchise system.

There definitely seems to be a move towards the benefits franchising provides.

Here are some key trends shaping the industry:

1. Sustainability: More franchises are focusing on eco-friendly practices, from reducing waste to using renewable energy sources. Consumers are increasingly prioritizing sustainability, and franchises that adapt to this demand are gaining a competitive edge.
2. Technology integration: Whether it’s app-based ordering, virtual consultations, or AI-driven marketing, technology is transforming how franchises operate and connect with customers.
3. Work-life balance: Many modern franchises cater to franchisees who want a better work-life balance. Home-based franchises and part-time opportunities are becoming more common, attracting a wider range of entrepreneurs.
4. Pet-based services: From dog grooming to pet photography people are spending increasing amounts of cash on their furry friends.
5. Legal services: The traditional solicitor-in-an-office is gradually moving into a series of individuals and teams who often work from home to drive down costs and improve customer offerings.

Like every other aspect of business (and society!) there are always new developments that mean there are opportunities for those who spot and capitalise on them.

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How to choose the right franchise in the UK

If you’re considering franchising, the options can feel overwhelming. Here are some tips to help you find the perfect fit:

1. Assess your interests: Choose a franchise that aligns with your passions and skills. If you love fitness, for example, a gym franchise like Snap Fitness might be a good fit.
2. Research the market: Look into the demand for the franchise’s products or services in your area. A dessert franchise might thrive in a busy city but struggle in a small rural town.
3. Check the support system: A good franchisor will provide comprehensive training and ongoing support. Speak to existing franchisees to get a sense of the level of assistance you can expect.
4. Understand the costs: Franchising requires an upfront investment, along with ongoing fees. Make sure you understand the financial commitment and have a clear plan for funding.
5. Read the fine print: Franchise agreements can be complex. Consider seeking legal advice to ensure you fully understand the terms before signing.

There are a huge number people who express an initial interest in franchising but never quite there for various reasons – but the opportunities are there for the right people with the right mindset.

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The future of franchising in the UK

The truth is that franchising in the UK shows no signs of slowing down.

More and more people are becoming franchisees, taking advantages of the benefits of how they work and the rewards can be very worthwhile – both in terms of finance remuneration, true. But also things like work-life balance, satisfaction, flexibility and more.

As consumer preferences evolve and new industries emerge, franchising will continue to adapt and thrive. With its combination of lower risk, brand recognition, and scalability, franchising remains an attractive option for both entrepreneurs and established businesses.

Whether you’re looking to start your own business or expand an existing one, franchising in the UK offers a world of possibilities. From fast-food giants to boutique services, there’s a franchise out there for everyone. So, if you’ve ever dreamed of being your own boss, now might be the perfect time to explore what franchising has to offer.

Would you know when you would need for a Specific Issue Order?

The Family Court can make a wide variety of orders. Applying for the wrong one can be a waste of your time, money and effort at best. At worst, it can impact the whole trajectory of your case – so it’s important to apply for the right one.

To complicate things – and I hate to say this – family law can be more of an art than a science sometimes. If it was black and white, solicitors and barristers (and people like me) would be out of a job because for every situation rules could be applied at one end and an outcome at the other.

You probably know it isn’t as simple as that – as you’ve probably asked the question `What is a Specific Issue Order?’

Among the various orders the court can issue, a Specific Issue Order often comes into play when parents can’t agree on a particular matter concerning their child’s upbringing. But what exactly is a Specific Issue Order, and how does it work?

In this blog post, we’ll explain everything you need to know about Specific Issue Orders, why they might be necessary, and how they can impact your family dynamics. Our goal is to provide clear, practical information to help you understand the process—without drowning you in legal jargon. No one has time for that.

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What’s a Specific Issue Order?

A Specific Issue Order is a type of order made by the family court in England and Wales under Section 8 of the Children Act 1989. It is used to resolve a specific dispute between parents (or other individuals with parental responsibility) about a child’s upbringing. The order focuses on one particular issue, rather than dealing with broader parental responsibilities.

Examples of situations where a Specific Issue Order might be needed include:

• Deciding where a child should attend school.
• Determining whether a child should receive a particular medical treatment.
• Settling disagreements about religious upbringing.
• Deciding if a child can relocate within the UK or abroad.

The court’s primary concern when making any decision is the welfare of the child. This is guided by the welfare checklist, which considers factors such as the child’s wishes (depending on their age and understanding), their emotional and physical needs, and any potential impact of the decision on their wellbeing.

Specific Issue Orders provide clarity and help prevent prolonged disputes that could negatively impact a child’s wellbeing. By addressing a particular disagreement, they allow parents to focus on fostering a stable environment for their child.

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When might you need one?

I hate to be that legal guy but the true answer is…`it depends’.

Let me break it down for you and explain why that is.

A court order is a piece of paper that sets out the decisions a court has made. But orders contain orders.

So for example…you may be applying for contact (or `spends time with’ in modern parlance) with your child. But you can apply for other things at the same time – such as a Prohibited Steps Order (which orders someone not to do something) or a Specific Issue that does the opposite. If you’re not already in the court system you’re going to need a C100 form which has tick boxes to let the court know what you want.

If you are already in court you’re going to need a C2 form – this lets you make an application in an existing application in relation to children. The bad news here is that if you’ve done something like filled in and sent off your C100 form (and paid the fee for it too…) you’re going to have to pay again for your C2 application to be dealt with.

Anyway – here are some common scenarios you may want to make a Specific Issue application:

Sorting Out school disputes

Education is, sadly, a key battlefield between parents.

It’s not surprising. Education is a key part of a child’s development, but disagreements can arise about the type of school a child should attend. One parent might prefer a local state school, while the other favours a private or faith-based school. Others may wish to home school. These disagreements can be heightened if the school’s location or teaching philosophy has implications for the child’s routine or identity. A Specific Issue Order can resolve this disagreement by allowing the court to decide what’s in the child’s best interests.

Medical Decisions

Parents may have differing opinions about medical treatments, especially if the treatment involves invasive procedures or has long-term consequences. For example, one parent might want their child to undergo a vaccination, while the other opposes it due to personal beliefs. In some cases, parents might disagree on how to approach treatment for a chronic condition or disability. When such disagreements arise, a Specific Issue Order can provide a clear resolution, ensuring the child’s health needs are prioritised. Religious beliefs may be a factor here too.

Moving Away or Travelling

Relocation can be a contentious issue, especially if it involves moving abroad or to a distant part of the UK (or even beyond). One parent might want to relocate for work, a new relationship, or family support, but the move could impact the other parent’s contact with the child. In such cases, the court’s role is to balance the child’s need for stability and ongoing relationships with both parents. A Specific Issue Order can provide clarity, whether it’s granting permission for the move or setting conditions to maintain the child’s relationship with both parents.

While a parent is not permitted to relocate a child out of jurisdiction (i.e. if they are habitually resident in England or Wales they need to remain there) unless a court order says otherwise or all holders of PR for the child agree to this.

Religious Upbringing

In families with parents from different faiths, disagreements about a child’s religious upbringing can become a source of tension. One parent might wish to raise the child in a particular religion, while the other prefers a secular approach. In these cases, the court’s decision will focus on what’s in the best interests of the child, including their cultural identity and sense of belonging.

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How to apply for one (if you’re not already in court)

Applying for a Specific Issue Order is a step-by-step process. Here’s how it typically works:

1. Try to resolve things outside court

Before turning to the court, try mediation.

Even if you think it won’t work. Because as unlikely as it is it can be resolved between you and your ex it’s still way less costly, upsetting and besides…there is a legal requirement.

Mediation involves a neutral third party who helps parents discuss their disagreements and reach an agreement. Mediation is often faster, less stressful, and less expensive than court proceedings. In fact, attending a Mediation Information and Assessment Meeting (MIAM) is usually a required step before making a court application, unless there are exceptional circumstances, such as domestic abuse.

2. File a C100 Form

If mediation doesn’t work, you can apply for a Specific Issue Order by completing a C100 form. This form is submitted to the family court and outlines the specific issue you need the court to resolve. You’ll need to provide details about the dispute, the child’s circumstances, and why you believe a court decision is necessary. The form requires a fee, though exemptions may be available for those on low income or certain benefits. If you have attended a MIAM, the mediator will complete a section of this form for you to confirm you attended.

3. Court Hearings

Once your application is submitted, the court will review it and schedule a hearing. At the hearing, both parents (or other parties) will have the opportunity to present their case, provide evidence, and suggest solutions. The court may also appoint a CAFCASS officer to assess the child’s situation and provide recommendations. CAFCASS (Children and Family Court Advisory and Support Service) focuses on ensuring the child’s welfare is at the heart of the decision.

4. The Final Decision

After considering all the evidence and the Welfare Checklist, the court will issue a Specific Issue Order. This order will provide clear guidance on the disputed matter, ensuring the child’s best interests are prioritised.

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How to apply for one (if you’re already in court)

If you are already in court…you’re going to need to complete a C2 form. You’ll need to pay (another fee) for it unless you are exempt from doing so.

Sometimes a court will allow you to make `oral application’ – i.e. you can ask in a court hearing to add this matter to your existing case. But there is a good chance you’ll be told you need to fill in a C2…which can take time to work it’s way through the system.

It’s why it’s good to get everything you need the court to help with at the start of your case if you can because it’s going to cost you time, money and effort. That’s not to say that stuff doesn’t come up – but if you can avoid this scenario…do so.

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What does the court look at?

When deciding on a Specific Issue Order, the court’s primary concern is the child’s welfare. To reach a decision, the court considers the Welfare Checklist, which includes:

1. The child’s wishes and feelings. The court must consider the child’s wishes and feelings, taking into account their age and understanding. Generally, more weight is given from age 11 or 12, but maturity and circumstances matter. CAFCASS typically speaks with the child, but judges may step in during exceptional cases. The court ensures these wishes are genuine and not influenced by a parent. Wishes are one factor and don’t solely determine the outcome.
2. Physical, emotional, and educational needs. The court assesses the child’s short- and long-term needs and determines how parents can best meet them, based on evidence. While physical needs are straightforward, emotional needs may need deeper evaluation. Stability and adaptability to a child’s changing needs are key.
3. Impact of changes. The court considers how changes such as a new home, school or court order might affect the child. Priority is given to minimising disruption and maintaining stability.
4. Age, sex, and background. The court accounts for the child’s age, cultural, religious, and other relevant characteristics, specific to their family context.
5. Past or potential harm. The court evaluates harm the child has experienced or risks facing. Harm includes ill-treatment or impaired health and development. Protective measures, such as safeguarding orders, may be issued. Allegations of domestic abuse are also scrutinised.
6. Parental capability. The court ensures both parents can meet the child’s needs. This includes evaluating housing, parenting abilities, and each parent’s commitment to prioritising the child.
7. Court powers. The court can issue a range of orders, even those not specifically requested, such as Prohibited Steps Orders to prevent a parent from leaving the country without consent.

These considerations help ensure the court’s decision supports the child’s overall wellbeing and provides stability.

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Introduction

Take it from me: You don’t want to go to court entirely alone.

We call people who do so `Naked LiPs’ (an `LiP’ is a `litigant in person – someone who represents themself). Doing that can be as awkward as it sounds.

The prospect of going to court alone is probably scary even before you have set foot inside a court building. You’ve probably faced hostile words from an angry or upset ex partner, or maybe you’re hurting from being stonewalled. It may be you’ve been told `If you don’t like it – tough’. If you’ve faced an email or letter from their solicitor, it’s even harder. You’re seeing allegations you know aren’t true made against you making you look selfish, evil and possibly stupid too. They may lead you to think you should just give up and walk away – because walking into a court seems like stepping into a gladiatorial arena or a bear pit.

No one with any sense would want that, right?

The thing is that if you don’t have the money to afford a solicitor or barrister…or you do but you don’t trust them you are still going to need guidance in court.

This is where McKenzie Friends come in.

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What is a McKenzie Friend?

A McKenzie Friend (also referred to a MF) is a person who assists an LiP by providing moral support, helping with case papers, and offering guidance on court procedures. This guide explores the role of McKenzie Friends in detail, including what they can and cannot do, how they can assist with court representation, and how to choose the right one for your case.

If you’re new to the family court system you probably either a) have never heard of McKenzie Friends or you have, but you’re not sure how they work. This guide is going to provide all the information you need to know before deciding if you want to go it entirely alone, use a solicitor or opt for a McKenzie Friend to help you.

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Understanding the Role of McKenzie Friends

The term “McKenzie Friend” originates from the 1970 case McKenzie v. McKenzie, in which a husband representing himself in divorce proceedings was denied assistance from a friend in court. The ruling ultimately established that individuals representing themselves have the right to receive help from a McKenzie Friend. Since then, the role has grown in importance, particularly in family law cases where individuals frequently represent themselves due to the high cost of legal fees.

The term is a legal one. It’s not the name of a company, a person or an organisation (although there are ones that give the impression they’re some kind of regulatory authority).

McKenzie Friends don’t need to be legally qualified., Nor do they have to be professionals. Most McKenzie Friends charge for their services. There are other people who work on a voluntary basis but they are often extremely limited in what they can do. They can be friends, family members, or individuals with experience in court matters. Regardless of their background, their primary function is to support a litigant in person by helping them navigate the complexities of the legal system.

A McKenzie Friend’s support extends to preparing case documents, helping individuals understand legal terminology, and offering quiet advice during hearings. However, it is important to note that they do not have the same rights as solicitors or barristers. They cannot conduct litigation, act as a legal representative, or address the court directly. They cannot provide court representation. Their role is strictly supportive, ensuring that the person they assist is well-prepared and confident in their ability to present their case.

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Why use a McKenzie Friend instead of a solicitor?

Over the years, the number of McKenzie Friends has increased exponentially. When I started working as one back in the mid 2000s they weren’t that common. The reductions in legal aid, the increasing numbers of people going through family breakdown, the ineffectivness of mediation and a process that seems to pitch separating couples has all added fuel to the fire.

Ask most solicitors about McKenzie Friends and you’ll be told they’re not regulated, don’t have to be insured, don’t have to be qualified and they’re not legal professionals. Which is all true. They’ll also say that for this reason, people will only use a McKenzie Friend if they can’t afford a solicitor.

The feedback we’ve received over the years says something different however.

Many people do use a McKenzie Friend due to cost but a large proportion of litigants who can afford the huge legal bills incurred by using a solicitor or barrister choose to represent themselves with the assistance of one.

The experience of using a McKenzie Friend is not the same as being represented by a solicitor. Many people who go down this non-traditional route leave feeling empowered, heard and believing they maximised their chances of a favoured outcome. Compared to sitting mutely in a court room, feeling excluded from decisions that are going to affect their lives, children and finances.

A McKenzie Friend isn’t a solicitor and vice versa. There are up and downsides to both. In my experience, most people are more than equipped to represent themselves with the right McKenzie Friend by their side – but it isn’t for everyone. So do you research on both before making a decision.

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The Rules (part 1)

There are clear rules that explain everything concerned with McKenzie Friends – rules explained by the court.

Most of the rules are fairly common sense and clear. There are grey areas (I mention that elsewhere in this post) and this whole post talks about them one way or another.

Anyone who wants to act as a McKenzie Friend should provide a copy of their CV to all parties concerned as well as the court. When I assist people, I send the litigant in person I’m helping an electronic copy and ask them to send it to the court and other party’s solicitor around a week before the hearing. On the day of the hearing I ask them to take paper copies too – which we’ll give to the usher to give to the magistrates or judge before the hearing, a copy for the other party (or their solicitor) and also any CAFCASS officer or social worker involved with the case.

It’s common courtesy to do this – and will reduce the discussion about who you are, what you’re doing and whether you should be there.

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The Rules (part 2)

My client should also provide a `letter of application’ to the court saying they intend to bring a McKenzie Friend to the hearing with them. This should be sent with the CV to everyone concerned (and copies should be brought on the day). The sample one I provide includes case law concerning McKenzie Friend. But this is often `over egging the pudding’ because McKenzie Friends are very common and their role is well established in law nowadays. They’re almost certainly not needed these days (and the court will usually provide a form for the litigant in person to complete instead of this) – but I’m a `belts and braces’ kind of guy so I’ll do this just to be sure.

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How McKenzie Friends Help with Court Representation (part 1)

As I mentioned in the intro to this post for many people, the thought of appearing in court without legal representation is intimidating.

For others they `want to do it properly’: If you’re going to court, you get a solicitor. That’s just how it works. Court representation is how you do it. If you speak to many solicitors and judges they’ll tell you that it’s best to use a solicitor or barrister for a variety of reasons (I’ll go through them later).

It’s true. The legal system is complex, with rules and procedures that can be difficult to understand. It’s understandable that with such a complex subject you need someone who knows what they’re doing by your side during your case. McKenzie Friends help bridge this gap by providing valuable assistance before, during, and after court hearings. If your ex exhibits narcissistic tendencies they may well have experience of it. Their experience and knowledge can be a real asset in this situation.

Before the hearing, McKenzie Friends assist litigants in person by helping them organize and review their case documents. Most of the work and `action’ in a case takes place long before you even get close to a court building.

This can include preparing witness statements, drafting position statements, and ensuring that all necessary paperwork is in order. They also help litigants in person understand their rights and obligations, ensuring they are well-prepared for their court appearance.

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How McKenzie Friends Help with Court Representation (part 2)

On the day of the hearing a McKenzie Friend can be by the side of the litigant in person every step of the way from the moment they go to court.

During the hearing itself, a McKenzie Friend sits beside the litigant in person, offering moral support and quiet advice. They can also take notes. I’d go further and say you will need someone next to you – it’s hard to speak, think and write at the same time while being in a tense, emotive environment while not being completely clear about what is going on.

Additionally, they help the litigant understand what is happening and suggest points they may wish to raise. However, they do not have the right to speak on behalf of the litigant unless specifically granted permission by the judge, (which can be rare). An experienced McKenzie Friend will prepare the litigant in person for this however and it’s seldom a problem.

After the hearing, McKenzie Friends can provide further assistance by helping litigants in person review the outcome and determine their next steps. This can include explaining the judge’s decision, discussing potential appeals, and helping prepare for future hearings if necessary. Their support can be invaluable, particularly for those unfamiliar with legal processes. They’ll `debrief’ the litigant in person and be able to provide hearing notes if needed.

Finally – they can check the order made matches what was said in the hearing and discuss the options if it isn’t right.

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Choosing the Right McKenzie Friend

Selecting a McKenzie Friend is an important decision. Since they will have access to sensitive case information and play a key role in providing court support, it is essential to choose someone trustworthy, experienced, and reliable.

While McKenzie Friends do not require formal qualifications, some have extensive experience in court matters and can offer valuable insights. Many professional McKenzie Friends have backgrounds in law, social work, or advocacy, making them particularly well-suited to provide guidance. However, there are also many individuals who offer McKenzie Friend services without proper knowledge or experience. So it is important to conduct due diligence before choosing someone to assist you. There are also people out there who have beliefs – shaped by their own views on their own case, gender issues, shared parenting, domestic violence and more – who may not align with what you set out to achieve.

When selecting a McKenzie Friend, it is important to ask about their experience with similar cases, their understanding of the legal process, and their approach to providing support. Regarding fees, it is advisable to clarify their pricing structure in advance to avoid unexpected costs. It’s a good idea to check for reviews or testimonials from previous clients. These can provide valuable insights into their reliability and effectiveness.

McKenzie Friends should also adhere to ethical guidelines. They should always act in the best interests of the children and litigant in person, maintain confidentiality, and avoid conflicts of interest. If a McKenzie Friend appears to be making unrealistic promises or pressuring you into decisions, it may be a red flag that they are not acting ethically.

Do your research. Check out social media posts. Watch YouTube videos and content on other platforms. Look at reviews.

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The Benefits of Using McKenzie Friends

For many litigants in person, McKenzie Friends provide a lifeline.

Traditional legal representation is expensive. And not everyone wants to use a solicitor or barrister. In these cases, McKenzie Friends offer an alternative, ensuring that individuals still receive support in court.

McKenzie Friends empower litigants in person by helping them take control of their own cases. With their assistance, individuals gain a better understanding of the legal system, develop confidence in representing themselves. This empowerment is particularly valuable in family law cases, where emotions run high, and individuals often feel overwhelmed.

Another key benefit of McKenzie Friends is that they reduce the stress associated with legal proceedings. Going to court alone can be an isolating experience, but having someone by your side can make the process more manageable. Knowing that you have support can help ease anxiety and ensure that you stay focused on presenting your case effectively.

McKenzie Friends can also contribute to better case outcomes. With their assistance, litigants in person can present well-organized arguments, submit necessary documents correctly, and follow proper court procedures. This improves their chances of achieving a favorable result and avoiding costly mistakes.

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Common Misconceptions About McKenzie Friends

There are several misconceptions about McKenzie Friends that can lead to confusion. One common myth is that McKenzie Friends are the same as solicitors or barristers. While they provide valuable support, they do not have the same legal standing and cannot formally represent clients in court. Another misconception is that McKenzie Friends can speak on behalf of litigants in person. This happens but this is only allowed in exceptional circumstances with the judge’s permission.

Some people also believe that McKenzie Friends can provide legal advice. While they can offer guidance on court procedures and suggest strategies. But they cannot offer formal legal advice in the way a solicitor or barrister can. Litigants in person need to be aware of these distinctions so they can set realistic expectations when working with a McKenzie Friend. Although it’s important to understand that what constitutes `advice’ is a grey area. But an experienced McKenzie Friend will be able to help you out here.

Additionally, there is a misconception that McKenzie Friends are completely unregulated.

It’s true – there is no regulatory body that deals specifically with them. But they are still expected to adhere to ethical standards. In hearings, a court will expect the McKenzie Friend to provide a CV. It will also ensure they are clear about their roles and responsibilities and are helping rather than hindering proceedings. In this respect – the court has a wide ambit of discretion. Judges and magistrates understand that a court case can be stressful. Someone providing good quality assistance is only going to help. That said? A McKenzie Friend is permitted to attend a hearing on a hearing-by-hearing basis and can be removed if it’s considered appropriate to do so.

But – they cannot provide court representation. Only a solicitor or barrister can do that. If you need someone to represent you, a McKenzie Friend isn’t the right person for you.

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Who can be a McKenzie Friend?

I’m wondering if this should be in the previous paragraph – the one about misconceptions. Not everyone can be a McKenzie Friend.

Sort of.

If you’re going to a court hearing and you want someone by your side it’s reasonable enough you’re going to want someone who is familiar to you – a friend or a relation. They’re also (probably) not going to charge you, unlike most professional McKenzie Friends.

Strictly speaking though?

Anyone with an `interest’ in your case shouldn’t be your McKenzie Friend…which does mean friends and family members. It also includes someone who is representing an organisation of any kind (although it’s important to say anyone is free to be a member of an organisation including some of the types I’ve mentioned above).

If you do take someone with an interest in your case you’ll probably get away with it. Probably. If the judge is a stickler for rules however – they could find themselves excluded. This is also the case if the person you’ve taken with you is a witness in your case (i.e. they’re going to be cross-examined), if they’ve been heavily involved in proceedings or the other party convinces the court they shouldn’t be there.

On that last point?

The court will ask if they object to your McKenzie Friend (whether they’re a friend or family member or not). The court is less likely to accept them if they do have an interest in the case.

With this in mind, consider if this is a gamble you are happy to take. If it goes against you, your McKenzie Friend could spend the hearing sitting outside in the waiting room, instead of being by your side. If you need someone by your side, but you have no one you can take court representation is the way forward for you.

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Can I use a McKenzie Friend to help me with paperwork and a barrister in court?

The answer to this is a straight yes. A McKenzie Friend can help you with all aspects of paperwork and you can use a barrister in court if you don’t want to speak for yourself.

In a traditional model you’ll use a solicitor to deal with the paperwork side of things and then a barrister in a hearing (although solicitors can do that too). But a solicitor will be unwilling to represent you in court if they’ve not been involved in the paperwork.

If you’re going to use a barrister to represent you in court while using a McKenzie Friend for the stuff outside of a hearing you’re going to need a `direct access’ barrister. Many barrister only work after being instructed by a solicitor – but the `direct access’ variety don’t.

It’s something we’ve done before – it’s a great compromise between using a McKenzie Friend throughout or using a solicitor for the whole case. It enables you to be tactical and only pay legal costs when you really, really feel you need then.

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Is a McKenzie Friend allowed to charge?

This is another misconception. Litigants in person, solicitors and judges have told me McKenzie Friends aren’t allowed to charge. And been asked by the latter how much I am charging too!

But the law is clear – a McKenzie Friend is permitted to charge.

As I say elsewhere, while there are free McKenzie Friend (although they’re rare). The fees of the ones who charge vary wildly. There are some who work for expenses only but others who charge fees that aren’t too much lower than a solicitor.

How they charge varies too. Which is why you should be clear about this before you engage one.

Some work on an hourly rate, charging a retainer – similar to the model many solicitors use. Others will offer a fixed fee. Others still (like us) provide a pay-as-you-go model.

There are two things more things you need to know about McKenzie Friend charges too:

• As they’re not solicitors they cannot accept legal aid.
• You cannot usually recover the costs of your McKenzie Friend against the other side.

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Conclusion

McKenzie Friends can provide absolutely invaluable support. From helping with case preparation to offering guidance during hearings, they play a crucial role in assisting litigants in person. While they do not have the authority to act as legal representatives, their assistance can make a significant difference in how individuals navigate the legal system.

A good one is worth their weight in gold, providing assistance while both putting the litigant in person in the driving seat. They’re also a cost-effective alternative to a solicitor.

Choosing the right McKenzie Friend requires careful consideration however. It is important to select someone with relevant experience, a strong ethical approach, and a genuine commitment to helping you succeed. By doing so, you can ensure that you receive the best possible support in your legal proceedings.

If you are facing a court case without court representation, remember that you don’t have to go through it alone. A McKenzie Friend can provide the guidance and reassurance you need to navigate the process with confidence.

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