Waely Law

Waely Law At Waely Law, we specialise exclusively in private Family Law.

Our dedicated team of solicitors provides compassionate, expert guidance through divorce, child custody, financial settlements, and all aspects of family legal matters. Our expert family law solicitors in London provide clear legal advice, helping you navigate divorce, child arrangements, and financial settlements with confidence. Whether you need guidance on separation agreements, prenuptial agreements, or child custody, we offer compassionate, tailored solutions to protect your interests.

20/08/2026

Family Law Insights

Can one parent take a child abroad without the other parent's permission?

It is a question that often arises after separation, particularly during the school holidays.

The answer is: it depends.

Where both parents have parental responsibility, one parent will generally need the consent of the other before taking a child abroad.

One important exception is where a child arrangements order says that the child lives with that parent. They can generally take the child abroad for up to 28 days without the other parent's consent, unless a court order says otherwise.

But what if only one parent has parental responsibility?

If, for example, the mother has parental responsibility and the father does not, and there is no relevant court order, the father's consent is not generally required simply because he is the child's father.

That does not necessarily mean his concerns are irrelevant. Depending on the circumstances, he may be able to apply to the Family Court for parental responsibility and/or an order preventing the child from being taken abroad.

The position is also different where there is already a court order or relevant court proceedings.

There is another important exception where a child arrangements order states that the child lives with a parent. That parent can generally take the child outside the UK for up to one month without the consent of other people with parental responsibility, unless the court order says otherwise.

So before booking flights, it is important to establish:

Who has parental responsibility?

Is there an existing court order?

Are there any ongoing proceedings?

Is the proposed trip a holiday or a permanent move abroad?

These distinctions can completely change the legal position.

If there is disagreement about a child travelling abroad, obtaining advice before the proposed travel can avoid a much more complicated dispute later.

13/08/2026

Family Law Insights

I'd do financial disclosure, but make it accessible rather than technical:

“It's in my sole name, so why do I need to disclose it?”

Because financial disclosure and deciding how assets should ultimately be divided are two different things.

When finances are being resolved following divorce, it is generally necessary to understand the overall financial position of both parties.

That can include property, savings, investments, pensions, income, liabilities and business interests — including assets held in one person's sole name.

Disclosure does not automatically mean that every asset will be divided equally, or even that the other spouse will ultimately receive a share of a particular asset.

It allows the parties, their solicitors and, where necessary, the court to understand the financial picture before considering what outcome is fair.

Trying to hide an asset or deliberately failing to provide full and frank disclosure can also have serious consequences.

You cannot sensibly negotiate a financial settlement without knowing what is actually on the table.

Obtaining legal advice early can help you understand both your disclosure obligations and how different assets may be treated in your individual circumstances.

30/07/2026

Family Law Insights

The biggest financial mistake is often the one you don't realise you've made.

Many separating couples spend months negotiating who will keep the house, how savings will be divided and what should happen to pensions.

Yet one of the most important questions is often overlooked:

Can you actually afford the agreement you've reached?

A settlement may look fair on paper, but will it still work in six months' time?

Have you considered:

Mortgage affordability?
Rising household bills?
Pension provision?
Future earning capacity?
The costs of raising children?

A financial settlement should not only resolve today's issues. It should also provide a realistic foundation for the future.

Reaching an agreement is important. Reaching the right agreement is even more important.

Every family's circumstances are different, and obtaining legal advice before finalising an agreement can help you understand the long-term implications of the decisions you make.

14/07/2026

When a neurodivergent child struggles with contact, what is their behaviour actually telling us?

For some children, moving between two homes may be manageable. For a neurodivergent child, repeated transitions can sometimes be far more difficult.

A change of home can mean a change in routine, environment, sensory experience, food, bedtime and expectations. It may also mean adapting to two different approaches to understanding and managing their needs.

A child may become distressed before handovers, struggle to regulate afterwards, experience disrupted sleep, increased anxiety or difficulties at school.

These behaviours can sometimes be misunderstood.

Is the child simply refusing contact? Are they being influenced by the other parent? Or are they communicating genuine distress in the only way they know how?

This does not mean that a neurodivergent child should not spend meaningful time with both parents. It means that arrangements need to be considered around the needs of that particular child.

A diagnosis alone does not provide all the answers. The child's individual presentation, communication style, sensory needs, ability to cope with transitions and need for routine may all be relevant when deciding what arrangements are in their best interests.

Child arrangements should not be about creating equality between parents. They should be about meeting the needs of the individual child.

If you are involved in a child arrangements dispute concerning a neurodivergent child, obtaining advice from someone who understands the additional complexities can make an important difference.

Waely Law Solicitors specialises in family law and can advise and represent parents in complex child arrangements cases.

10/07/2026

The divorce may be over, but your financial claims may not be.

Finalising your divorce does not necessarily bring all financial claims to an end.

Even where former spouses have reached an agreement about finances, it is often advisable to have that agreement recorded in a Financial Consent Order and approved by the court. Without one, financial claims may remain open long after the divorce has been finalised.

Every family's circumstances are different, and the appropriate course of action will depend on the individual facts of the case.

Seeking legal advice at the right time can help you understand your rights, make informed decisions and avoid unnecessary complications.

🚨 Major Proposed Changes for Unmarried Couples 🚨Many people believe that living together without getting married protect...
10/06/2026

🚨 Major Proposed Changes for Unmarried Couples 🚨

Many people believe that living together without getting married protects their finances if the relationship ends.

However, that assumption may soon need to be reconsidered.

The Government has launched a consultation proposing significant changes to the rights of cohabiting couples (unmarried couples who live together).

At present, there is no such thing as a "common law marriage" in England and Wales. Simply living together does not usually give the same financial rights as marriage or civil partnership.

This is particularly important for couples who have had a religious ceremony only, such as a Nikah marriage, without also entering into a legally recognised civil marriage.

The Government is now considering reforms that could give qualifying cohabiting couples new rights, including:

1️⃣ Potential financial claims when a relationship ends.

2️⃣ Greater protection for financially vulnerable partners.

3️⃣ Consideration of domestic abuse, coercive control and economic abuse when dealing with finances.

4️⃣ Automatic inheritance rights if a partner dies without leaving a Will.

5️⃣ Making pre-nuptial and post-nuptial agreements legally binding.

The proposals could apply to couples who have lived together for at least three years or who have a child together.

It is important to remember that these are currently proposals only and have not yet become law.

If you are living with a partner, own property together, have children, or have chosen not to marry because of financial concerns, these developments may be worth keeping an eye on.

Child Minatence: CMS or Family Court?Many parents are surprised to learn that child maintenance is not usually decided b...
05/06/2026

Child Minatence: CMS or Family Court?

Many parents are surprised to learn that child maintenance is not usually decided by the Family Court.

In most cases, child maintenance is dealt with by the Child Maintenance Service (CMS), which calculates and collects child maintenance payments.

As a general rule, where the paying parent earns up to £156,000 per year, child maintenance is usually dealt with by the CMS rather than the Family Court.

However, there are important exceptions.

The Family Court may still be able to make orders for:

• Private school fees and certain educational expenses;

• Additional child maintenance where the paying parent's income exceeds £156,000 per year; and

• Financial provision for a child with disabilities or additional needs.

We regularly receive enquiries from parents who assume they need to start court proceedings to obtain child maintenance, only to discover that their first step should be to contact the CMS.

Understanding the correct process from the outset can save considerable time, costs and frustration.

Have you ever been surprised to learn that child maintenance is usually dealt with by the CMS rather than the Family Court?

21/05/2026

Judicial Separation and Separation Agreements are often confused, but they are not the same thing.

A judicial separation is a formal court process that allows spouses or civil partners to separate legally without ending the marriage or civil partnership.

A separation agreement, by contrast, is a private agreement recording arrangements relating to finances, property and other practical matters following separation.

Whilst both may be relevant for couples who do not wish to divorce immediately, they have different legal effects and offer different levels of protection.

Understanding the difference at an early stage can help separating couples make informed decisions and reduce the risk of future disputes.

15/05/2026

A deeply sad Court of Appeal decision in the case of M (A Child: Adoption: Duty of Disclosure).

The Court set aside an adoption order after it emerged that crucial information about the adoptive placement had not been disclosed before the order was made.

The judgment highlights the importance of honesty and “full and frank disclosure” in family proceedings. The Court stated that prospective adopters are under a clear duty to disclose relevant circumstances to the court, and that duty is breached if the court is “misled by a prospective adopter’s words, deeds or silence”.

Most heartbreaking of all is the impact on the child at the centre of the proceedings, who at only two years old has already experienced foster care, adoption proceedings, disruption, and further court involvement.

This judgment is a reminder that, at the centre of every family case, is a child whose welfare must remain paramount.

Judgment:

When the court has made fact findings – what happens next?After a Fact-Finding Hearing, the court is no longer deciding ...
04/05/2026

When the court has made fact findings – what happens next?

After a Fact-Finding Hearing, the court is no longer deciding what happened. The focus shifts to what is safe for the children going forward.

This is where many cases get stuck.

If a parent denies everything and does not engage in any work, the court is likely to take the view that the risk has not been addressed. As a result, contact does not progress.

This does not necessarily mean admitting everything. What matters is showing a willingness to reflect and take steps to move forward safely.

With the right approach, there is usually a pathway from indirect contact to supervised and, in time, direct contact.

If you are in this position, early advice can make a real difference.

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