Early May Bank Holiday – Office Closed
Leave a Comment
Please note that our offices will be closed on Bank Holiday Monday 4th May, and will reopen on Tuesday 5th May at 9.00am.
Wishing all everyone a restful long weekend.
Tag Archive: newton abbot
-
-
Separation Agreement vs Divorce: A Straightforward Guide
Leave a CommentSeparation Agreement vs Divorce: A Straightforward Guide
When a relationship breaks down, choosing the right path forward can feel overwhelming. At a time of uncertainty, clients often tell us that they want clear answers and reliable guidance. Whether you are considering a separation agreement or a divorce, understanding the differences can help you make an informed decision that feels right for you.
SEPARATION AGREEMENTS
A separation agreement is a written contract between spouses that sets out how financial and practical matters will be managed while you live apart. It does not legally end the marriage, but it can provide structure and guidance during a period of transition.
Merits
A separation agreement is a flexible and practical option for couples who wish to live apart without legally ending their marriage. A separation agreement offers flexibility for clients who seek interim arrangements whilst they take time to decide what is the right next step for them. It offers clarity by setting out how finances and property‑related arrangements will be managed during the separation, helping to reduce uncertainty at what is often a difficult time. Due to separation agreements being achievable through negotiation or mediation, it is typically quicker and less formal than court proceedings. While not legally binding in the same way as a court order, such as a Financial Consent Order, a well‑drafted agreement supported by legal advice and full financial disclosure can carry significant weight if matters later progress to divorce, making it a useful foundation for future arrangements.
Drawbacks
A separation agreement does have limitations, the most significant being that it is not concretely legally binding, meaning a court may depart from its terms if it considers them unfair or if circumstances have changed. Because the marriage legally continues, it also cannot provide a final financial clean break, leaving both spouses able to bring financial claims against one another in the future. In addition, there is potential for further disputes, as either party may later challenge or disagree with the agreement, which could lead to renewed negotiations or the need for court involvement.
It is prudent to note that a separation agreement cannot conclusively deal with pension arrangements. Pension sharing orders, which are the mechanism required to formally divide pension assets, can only be made once divorce proceedings have been issued. As a result, postponing pension matters can carry significant risks, particularly where pensions form a substantial part of the matrimonial finances, as delaying may leave individuals without the long‑term security that a court-approved Financial Consent Order provides.
DIVORCE
A divorce is the legal process that ends a marriage. The no‑fault system now in place in England and Wales makes the process more straightforward, with no need to attach blame to either party.
Merits
A divorce offers a clear, final and legal end to the marriage, providing certainty and allowing both individuals to move forward independently, both financially and emotionally. It enables couples to secure enforceable financial orders, such as a court‑approved Financial Consent Order dealing with property, pensions, maintenance and other financial matters, giving long‑term legal certainty. Divorce can also allow for a clean financial break, preventing future claims between spouses and offering both parties long‑term security. By removing all remaining legal and financial ties, divorce supports effective long‑term planning, helping each person move on with clarity, independence and confidence.
A divorce is additionally the most effective route for dealing with pensions, as it enables the court to make legally binding pension sharing orders. These orders allow pension assets to be divided fairly and with certainty, providing clarity and long‑term security for both parties. By finalising pension arrangements within the divorce process, individuals can ensure that this significant element of the matrimonial finances is dealt with comprehensively, avoiding the risks and uncertainty that can arise if pension matters are left unresolved.
Drawbacks
A divorce can have drawbacks, the most notable being that it generally takes longer than a separation agreement, as mandatory waiting periods between the application for a divorce, your conditional order being granted and applying for the final order means the divorce process typically lasts around seven to nine months and frequently longer where finances need to be finalised. For many, the emotional finality of legally ending the marriage can also feel more challenging than entering into a temporary arrangement, such as a separation agreement. In addition, divorce can involve higher costs, particularly where financial matters are complex or contested, which may require more extensive legal involvement.
WHICH OPTION IS RIGHT FOR YOU?
At Scott Richards, we believe in giving clients clear, reliable and straightforward advice, tailored to their individual circumstances.
Choosing between a separation agreement and a divorce is a deeply personal decision, and the right choice will depend on your circumstances, your priorities, and the pace at which you feel ready to move forward. A separation agreement can offer clarity, flexibility and stability in the short-to-medium-term without the finality of legally ending the marriage, making it a practical option for those who need time and space to adjust to living apart from their spouse. Divorce, on the other hand, provides a definitive legal end to the relationship, allowing for binding financial orders and the certainty of a clean break, kickstarting your independence.
Both routes have clear advantages, and both come with limitations. What matters most is understanding which path aligns with your needs, whether that is flexibility during a period of change or the confidence that all financial and legal ties have been resolved.
Whenever you feel ready, the Family team at Scott Richards are here to offer straightforward and reliable advice, guiding you through each step with clarity and care. Whether you choose a separation agreement or decide that divorce is the right way forward, we will be happy to assist you in achieving the outcome that feels right for you.
You can contact our team, here.
-
Taking Children Abroad: Key Family Law Considerations for Parents
Leave a Comment
Taking Children Abroad: Key Family Law Considerations for Parents
Are you looking forward to a holiday and planning to take your child or children abroad?
If so, this article may be of interest to you—particularly if you are separated or divorced.
For many parents, taking a child abroad, even for a short holiday, can raise important legal issues. Misunderstandings or failure to obtain the proper consent can lead to serious consequences, including allegations of child abduction. This guide sets out the key points every parent should understand before travelling abroad with a child.
Do You Need Consent to Take a Child Abroad?
In most cases, yes.
Where more than one person has parental responsibility, you must obtain the consent of everyone with parental responsibility before taking a child out of the UK, even for a holiday.
Parental responsibility may include:
- Mothers (automatically)
- Fathers (if married to the mother at the time of birth, or named on the birth certificate, depending on timing)
- Anyone with parental responsibility through:
- A court order
- A parental responsibility agreement
- In some cases, the local authority
Exception: Child Arrangements Orders
If you have a Child Arrangements Order stating that the child “lives with” you, you may take the child abroad for up to 28 days without the other parent’s consent, unless the order says otherwise.
Even where consent is not legally required, it is still good practice to:
- Inform the other parent in advance
- Provide travel dates and destination details
- Share accommodation details
- Where appropriate, agree reasonable contact arrangements while the child is away
What Happens If Consent Is Not Obtained?
Taking a child abroad without the required consent may amount to:
- Child abduction under the Child Abduction Act 1984
- A breach of court orders, where an order is in place
This applies even if:
- You are the child’s primary carer
- The trip is temporary, such as a holiday
The consequences can be both civil and criminal and may also have a significant impact on future court proceedings.
What If the Other Parent Refuses Consent?
If consent is unreasonably refused or cannot be obtained, you must apply to the court for permission before travelling.
This is usually done by applying for a Specific Issue Order, asking the court to allow the trip.
When deciding the application, the court will consider:
- The purpose and duration of the trip
- The child’s welfare
- Any risk of the child not being returned
- How contact with the other parent will be maintained
Genuine holidays are rarely refused, provided there is no real risk of non-return.
Practical Steps Before Travelling
To avoid disputes or complications, consider the following steps:
1. Obtain Written Consent
A signed letter from the other parent confirming:
- Their agreement to the trip
- The travel dates
- The destination
2. Carry Supporting Documents
You may be asked to produce evidence while travelling. Useful documents include:
- The child’s birth certificate
- The consent letter
- A copy of any relevant court order
3. Share Full Travel Details
Provide the other parent with:
- Flight details
- Accommodation information
- Emergency contact details
4. Check Destination Requirements
Some countries have strict entry requirements for children travelling with one parent. It is essential to check and comply with any applicable rules for your destination.
When Should You Seek Legal Advice?
You should seek legal advice if:
- The other parent refuses consent
- There is a history of conflict or court proceedings
- You are concerned the other parent may not return the child
- You are planning a longer stay or permanent relocation
Early legal advice can prevent disputes and help ensure your plans proceed lawfully.
Conclusion
Taking a child abroad is usually straightforward where parents cooperate. However, the legal requirements are strict, and failing to follow them can have serious consequences. Obtaining consent, communicating clearly, and understanding your legal position are essential for a smooth and stress-free holiday.
If you are unsure, our Family team can provide clear advice and, where necessary, assist you in ensuring your holiday plans run smoothly and within the law. You can contact our team, here.
FCILEx – Family Team
-
Easter Weekend Opening Hours
Leave a Comment
Easter Opening Hours
Please note that our offices will be closed for the Easter weekend.
We will reopen and resume normal operations on Tuesday 7th April 2026.
Thank you for your understanding. -
Devon FA – Easter Egg Appeal
Leave a Comment
We’re Proud to Support the Devon FA Easter Egg Appeal 🐣
We’re delighted to announce that our office is an official drop‑off point for this year’s Devon FA Easter Egg Appeal, supporting children and families across Devon.
As a year‑round sponsor of Devon FA, we’re especially pleased to support this initiative and help extend their fantastic community work beyond the pitch.
Following the success of their Christmas Toy Appeal, Devon FA have launched an Easter initiative aimed at ensuring local children receive something special this spring. Throughout February and March, they’re collecting new, unopened Easter eggs to distribute to three fantastic community organisations:
- Care for Kids North Devon
- THAT Foodbank
- Exeter City Community Trust
These organisations work closely with families who may be facing challenges, and a small gesture—like an Easter egg—can make a meaningful difference.
How You Can Help
If you’d like to take part, simply drop off a new, unopened Easter egg at our office during opening hours. All donations will be passed on to Devon FA, who will distribute them directly to the partner charities in time for Easter.
Learn More
For full details about the appeal, visit Devon FA’s page here.
Thank you to everyone who chooses to get involved. Your generosity will help brighten Easter for children across our local communities. 💛
-
Christmas Opening Times – 2025
Leave a Comment
Offices will be closed for Christmas from 5.00pm on Tuesday 23rd December, reopening on Friday 2nd January 2026.
Please note that our Newton Abbot office, will close on Monday 22nd December, as our Newton Abbot staff will be working from our Teignmouth office on Tuesday 23rd December.
Wishing everyone a Merry Christmas & a Happy New Year.
-
3rd Place in Rowcroft’s Accumulator Challenge!
Leave a Comment
TeamSR Secures 3rd Place in Rowcroft’s Accumulator Challenge
This summer, our team took part in Rowcroft Hospice’s Accumulator Challenge — a fundraising initiative with a creative twist. Each participating organisation was given £50 and tasked with turning it into as much as possible, all in support of Rowcroft’s vital work in the community.
We embraced the challenge with enthusiasm and imagination. From toy sales and dress-down days to a virtual horse racing evening, a clothing rack, and even a firm tuck shop, our team found inventive ways to keep the donations flowing. The result? A fantastic £3,340.00 raised for Rowcroft Hospice.
What made the challenge even more rewarding was the friendly competition with other brilliant local companies. We’re proud to share that our efforts earned us third place overall — a testament to the dedication and creativity of everyone involved.
The final celebration took place at Twenty1 in Torquay, where teams gathered to reflect on their fundraising journeys. The evening was warm and welcoming, with delicious food (those charcuterie boards were a highlight!) and great company. Scott Richard’s Linda Rogers, Jazmine Montier, Mark Deakin, and Hayden Lusty were delighted to accept our certificate from Rowcroft’s Lisa Whittaker.
We’d like to extend a heartfelt thank you to everyone who supported our fundraising efforts, and to Rowcroft Hospice for the incredible work they continue to do across South Devon. It was a privilege to be part of such a meaningful initiative.
-
Solicitor Apprenticeships – Jazmine & Lily
Leave a CommentWe are delighted to announce the commencement of Solicitor Apprenticeships for Jazmine Montier and Lily Thorp, beginning this Monday 22nd September.
Jazmine will be starting her apprenticeship in our Commercial Property department, while Lily will begin her first seat in Family Law.
We extend our warmest congratulations to both on this significant milestone in their legal careers. It is a privilege to support their development, and we look forward to witnessing their continued growth and achievements within the firm.
-
Office Closure – Fri 5th Sept
Leave a CommentNotice of Early Office Closure – Friday 5th September
Please be advised that our offices will be closing at 1.00pm on Friday for a scheduled staff event.
Normal business hours will resume on Monday morning, and we appreciate your understanding as we take this time to recognise and celebrate our team.
Thank you for your continued support.
-
August Bank Holiday – Closure Notice
Leave a Comment
Please note that our offices will be closed for the bank holiday weekend, from Friday 22nd August at 5.00pm, until 9.00am on Tuesday morning.
We appreciate your understanding and wish you a relaxing and enjoyable long weekend!
If you have any urgent inquiries during this time, please feel free to email us, or leave a voicemail and we will respond as soon as possible upon our return.