I am Stalker- But what if I’m a victim?

I am Stalker – But what if I’m a victim?

“I am Stalker” is a new Netflix documentary about convicted stalkers in the US who talk about their personal experiences. Whilst for some viewers it is an interesting watch about true crime, it is actually an awful reality for victims of stalking. Here, Weronika Husejko looks at how victims of stalking can protect themselves through the family court.

Stalking has a fairly wide definition and some examples of stalking under the Protection from Harassment Act 1997 include: –

  • Following a person
  • Watching or spying on a person
  • Monitoring the use by a person of the internet or email

Stalking is generally considered to be a more aggressive type of harassment. However, it is not always easy to identify a victim of stalking. For example, stalking may include purchasing something in another person’s name without their consent.

The police say that the four warning signs of stalking are:-

Fixated
Obsessive
Unwanted
Repeated

If you are a victim of stalking, you may have recourse to some protective remedies via the Family Court.

Non-Molestation Orders

This is a type of injunction which is aimed at protecting you from a range of behaviours that can include stalking and harassment.

This option is available to those who are being stalked by what we refer to as an “associated person”. This includes people such as family members and ex-partners of the victim.

Injunction under Protection from Harassment Act 1976

Victims of stalking can also apply for an injunction under the Protection from Harassment Act. If granted this is a civil order from the Court which prohibits the stalker from taking steps which are considered to be stalking or harassment. The victim may also be able to seek damages from the Civil Court via this route.

This option is available  to all who are being stalked, including those victims who are being stalked by a stranger for example.

It is always sensible to speak to a solicitor about the most appropriate options for you in the first instance as this can of course vary dependent upon your specific set of circumstances.

The police can also apply for a Stalking Protection Order on your behalf which is a civil order. They may also refer your case to the Crown Prosecution Service who may decide to prosecute the stalker via the Criminal Courts in addition to the above Family Court remedies.

If you are indeed being stalked or harassed and you feel that you are in danger, we would always suggest that you contact the police. There is also a National Stalking Helpline that you can contact for help.

If you need advice on this topic, or any other matters concerning divorce or family law, please get in touch with our team at McAlister Family Law.

Will court fee increase in family courts negatively impact access to justice?

Will court fee increase in family courts negatively impact access to justice?

When a relationship ends, those that are married or in a civil partnership have no option but to issue a divorce application if they want to legally formalise their separation. Along with the divorce application, separating couples may also need to pay for a financial order application and a parental order application. Here, Fiona Wood looks at the recent announcement that there will be an increase to all court fees in 2024, and raises the concern that low income households may find themselves unable to make necessary family applications.

If a couple do decide to divorce, as well as issuing a divorce applicaition, they also need to obtain a financial settlement which needs to be approved by a judge if it is to be binding and enforceable. Even if the separation is amicable, a court fee is payable when a divorce application is made and a court fee is payable when a financial agreement is submitted to court for a judge’s approval.

A court fee is also payable by separated parents if they are unable to agree arrangements for their children and need to make an application to court (known as a Parental Order application) to ask a judge to assist them with this issue.

If there are ongoing proceedings regarding finances or children, there can be additional smaller court fees that have to be paid within the court process.

You may be exempt from these fees if you have limited or no income and little or no savings. However, many of those making family court applications have to pay these fees.

The court fees were last increased in September 2021. It has recently been announced that there will be an increase of 10% in all court fees in 2024, including those in family cases. The date for the fee increase has not yet been announced. The main court fees in family proceedings are as follows:

  • Divorce application – current fee £593 – new fee £652
  • Financial Order application (if finances not agreed) – current fee £275 – new fee £303
  • Financial Order application (if agreed) – current fee £53 – new fee £58
  • Parental order application – current fee £232 – new fee £255

The rationale for the increase is that the court fees are needed to help fund the court system. We are told that in 2022/2023 cost £2.3 billion to fund the court system and £727 million of this was funded from court fees. As the cost of running the court system increases the fees are increased to assist with this cost.

Whilst it is understandable that money needs to be raised to fund that court system, there is a concern that increasing the court fees will prevent many on low incomes from making necessary family court applications.

Legal fees for those who have separated and who need to make an application asking court regarding finances or arrangements for their children, are a struggle for many who have limited income or savings. Legal Aid is only available in very limited circumstances to deal with the legal issues that can arise when a relationship ends. To qualify for Legal Aid not only must you have very limited income and capital, but there must also have been recent domestic violence.

For those of limited means who do not qualify for Legal Aid, many have no option but to represent themselves within the court process. The number of case where both spouses/cohabitees represent themselves within family court proceedings has increased by 25% between 2013 and 2022, which shows how many are struggling with funding the court process. Increasing the court fees will only make this more difficult for them and could leave some unable to afford access to the family court.

If you or someone you know is affected by the issues raised in this blog post, we can provide you with expert legal advice. For more information, please get in touch with our specialist team at hello@mcalisterfamilylaw.co.uk

New fund to help domestic abuse victims escape abuse and help rebuild their lives.

New fund to help domestic abuse victims escape abuse and help rebuild their lives.

The Home Office announced that it is introducing a £2 million pound fund to provide support by way off a one-off payment to victims of domestic abuse to help them leave their abusers. Here, Melissa Jones, Senior Associate, looks at what this means for domestic abuse victims and what the funds covers.

What is the fund and how do I make a claim?

From 31st January 2024, if you are a victim of domestic abuse and you do not have the funds to leave your abuser (if you live together) then you can apply for a one-off payment of £500 for essential items and support with new accommodation.

In addition to the above, victims of domestic abuse can also apply for a further one-off payment of up to £2500 to “help secure a sustainable independent future, such as putting down a deposit for rental accommodation.”

The fund is set to last until March 2025 initially. Women’s Aid has been reappointed to help deliver this service and as of last year the fund helped over 600 victims to safety.

It has been reported that victims of domestic abuse find it hard to leave their abuser due to the costs of living and accommodation costs.

What is Domestic Abuse?

Domestic abuse is when someone close to you, often a partner or spouse causes you physical, sexual, financial or emotional hardship. It is a misconception that in order for you to be categorized as being in an abusive relationship, there must be physical violence. In many cases there is no physical violence; instead, there is psychological and emotional abuse.

Domestic violence can take many forms. Other than physical violence and threats of violence, you may feel intimidated by things that are said to you, or the manner in which you are treated. You may feel controlled and prevented from spending time with friends and family. Abuse can be verbal; you may feel belittled by your partner at home or in front of others.

 

Senior Associate, Melissa Jones comments “this is a very good initiative and practical step for victims of domestic abuse who are suffering  immensely and do not need the added stress of financial constraints when leaving their abuser.  With domestic abuse being linked to depression and homelessness, anything that can help to reduce both of these issues is very much needed. Hopefully this will provide immediate and swift assistance to those that need it”.  

If you believe you are, or someone you know is suffering from domestic abuse, then there are ways to help you, and them. At McAlister Family Law we can help victims of domestic abuse by advising them on the most appropriate course of action in their particular situation.

Anyone who requires help or support can contact the National Domestic Abuse Helpline which is open 24/7 365 days per year on 0808 2000 247 or via their website https://www.nationaldahelpline.org.uk

If you or someone you know is affected by the issues raised in this blog post, we can provide you with expert legal advice. For more information, please get in touch with our specialist team at hello@mcalisterfamilylaw.co.uk

Is a divorce on the cards for Kyle Walker and Annie Kilner?

Is a divorce on the cards for Kyle Walker and Annie Kilner?

After an Instagram story posted by Annie Kilner, it seems that Manchester City star Kyle Walker’s marriage to his childhood sweetheart is at an end. Here, Heather Lucy looks at what will happen if the couple do divorce, how the assets may be divided and how their children’s welfare will be taken into consideration.

On an Instagram story, Annie Kilner has said she is ‘taking some time away’ from her marriage to the football star and online communities are convinced that this means a divorce is on the cards. This seems all the more likely given that Walker has left the family home. Online publications are now speculating whether Kilner is going to have the ‘final revenge’ by seeking a financial settlement on divorce. Whilst this framing is not helpful in trying to have an amicable divorce (which is sensible especially when there are children involved), it does throw up some questions about what will happen to the couple’s finances if a divorce really is on the cards.

Walker and Kilner were married in 2021. On the face of it, it therefore sounds like their marriage was short-lived. This is relevant because the courts take into account the length of a marriage when dividing up matrimonial assets on divorce. They do not, however, limit this to the time since ‘I do’. The relevant timeframe is the length of time since the couple began to live together (if they did so without a break) to when they separated. Walker and Kilner reportedly dated for 12-13 years before they married, though when they first moved in together is not public knowledge.  This could, therefore, be an important distinction for the couple as it seems likely to take them from a short marriage to a long one which means that the court would be more likely to use an equal division of the matrimonial assets as a starting point. One fly in the ointment, however, might be the couple’s earlier split in 2019. Kilner will need to take some careful legal advice about this.

During the 2019 split, Walker met Lauryn Goodman who is a model and influencer. Together, they had a child, Kairo, and there are speculations that Goodman’s daughter (born in 2023) was also fathered by Walker. Walker and Kilner share three children together. When looking at the division of finances on divorce, the welfare of children of the family will be the court’s priority. Whilst Goodman’s child(ren) may not be considered ‘children of the family’ (which depends on whether they have been treated as such), Walker’s obligations to them are likely to feature heavily in any negotiations that take place.

The length of the marriage and the existence of children are just two of the factors that the court takes into account when considering the financial division between parties on divorce. Please see Fiona Wood’s article on section 25 of the Matrimonial Causes Act 1973 to explore this in further detail.

Historically, Kilner would have been able to issue an application for divorce on the basis of Walker’s infidelity. This, however, changed in April 2022 when the no-fault divorce regime came into force. This means that the couple’s focus will remain on dividing their assets rather than trying to assign blame to each other for the breakdown of the marriage… in the courts at least. Hopefully, if the marriage has broken down irretrievably, both Walker and Kilner will take good legal advice and aim to reach a resolution in a way that will allow a positive co-parenting relationship for their children.

 

If you or someone you know is affected by the issues raised in this blog post, we can provide you with expert legal advice. For more information, please get in touch with our specialist team at hello@mcalisterfamilylaw.co.uk

Peaceful co-parenting at Christmas

Peaceful co-parenting at Christmas

As the festive season is rapidly approaching, most parents are busy planning the Christmas shop, visiting Santa and ensuring that the Christmas elves know what is on their children’s wish list. Here, Amanda McAlister, Managing Partner of McAlister Family Law, looks at the stresses of separated families over Christmas and offers her top tips for peaceful co-parenting.

For separated parents, deciding how the children are to spend their time over Christmas can be extremely stressful, especially when they do not agree.  If arrangements are not finalised before the festive break, this can lead to tensions becoming even more fraught, the result being that no one actually then looks forward to Christmas, never mind enjoying it.

As expert child and family lawyers, we are starting to see a significant increase in client enquiries surrounding Christmas contact.    Such enquiries vary from how a parent can prevent the other from seeing the children, to imposing a contact arrangement that is unfair to the other.  As Christmas is the most magical time of the year, emotions are high, and people do tend to become entrenched in their positions.

I am a divorce parent with two children.  I share care with my ex-husband and therefore have experience not only as a children lawyer but also as a parent who does not always see my children on Christmas day.  I recently appeared on the BBC Morning Live programme to talk about my top tips for peaceful parenting over the festive period which are:

 

Children come first.

Remember that Christmas is about what is right for the children.  Not what is right for you personally, Grandma or Christmas routines that have previously been in place.  Children can adapt and should grow up having memories of special times with both parents.  Not just one.

 

Santa can multitask.

With notification, Santa can multitask and deliver presents to multiple addresses.

Whilst the law does not set out precise rules on how contact should be divided, the view is that children should spend Christmas with both parents.   This can be achieved by one parent having Christmas Eve until 2pm on Christmas day and the other having the rest of the time on Christmas day through to the 27th of December.  This arrangement would then be alternated the following year.

For those that don’t relish the thought of a child’s Christmas day being interrupted by going to the other parents halfway through the day, they can agree an arrangement which will involve the children spending Christmas Eve to Boxing day with one parent and then boxing day through to the 27th or 28th with the other.  Again, this is alternated.  This has always worked for my children as they then get to relax and enjoy presents for the whole day and are less grumpy on boxing day when they come to me or go to their dads.

 

Grow with the children.

Arrangements that were right for a child at 4 years of age may not be right for when they are 14.   Trying to force arrangements on older children can create further upset and distress which should be avoided.  If you have teenage children, talk to them about what would work for them.  This way they feel that they are being listened to and will actually engage in the family celebrations.

 

Christmas giving

Whilst relations with your ex may still be raw or tense, it is important that this is not seen or felt by the children.  If they know that one parent is not happy with the arrangements and makes that clear verbally or through actions, it will impact on the children’s ability to relax and have a good time.  This can have consequences in terms of how a child in the long run will recollect their enjoyment of Christmas.  Always try to buy a small gift for the children to take to the other parent’s house and encourage them to write a nice card to take with them.  That way the children feel that they have the endorsement of the parent that they are not with that day to have a good time.

 

Co-parenting can be tough but if you always have what is right for the children at the forefront of your mind you will get it right.  My son is now approaching 15years of age.  He regularly reminds his father and I that we are an “embarrassment” and “sad”.  The message that I am trying to get across, is that time flies and before you know it, they do not really want to spend time with either parent.  The creation of special memories is what life is about and finding peace is the key to that.

If you or someone you know is affected by the issues raised in this blog post, we can provide you with expert legal advice. For more information, please get in touch with our specialist team at hello@mcalisterfamilylaw.co.uk

A loving home – best Christmas present ever

A loving home – best Christmas present ever

One year ago, John Lewis’ Christmas advert aimed to shine a light on the importance of foster carers, yet new figures from OFSTED have shown a loss of foster care families and an increase in children being placed far from home. Here, Nick Hodson looks at the situation and how The Department of Education plans to turn it around.

Let me take you back 12 months to the 2022 John Lewis Christmas advert. In it, a middle-aged man is on a mission to learn how to skateboard. He spends weeks trying to master this difficult skill and suffers some bumps and bruises along the way. It is revealed at the end of the advert what his hard work was all about. Along with his partner, he was expecting the arrival of a foster child, Ellie, who loves to skateboard. Ellie was nervous at first about the new house but softens when she spots the carer’s skateboard and poorly arm. His hard work was designed to make Ellie feel comfortable in her new home.

This week, new figures from OFSTED, have shown that there has been a net loss of 1,000 foster care families in the past year and a record number of children being placed far from home. Social workers have described scrambling to find friends and family to take children in urgent need of safety and reported that children are sometimes placed in hotels.

It is estimated that 6,000 new foster families will be needed to meet rising demand.

“We need a lot more foster carers,” said John Pearce, the president of the Association of Directors of Children’s Services. “You used to be able to get a place quickly for younger children. But in significant parts of the country that’s not the case anymore, and that’s driven by a significant increase in the children coming into care.”

In some cases, councils lacking local foster vacancies are sending children hundreds of miles away, breaking family and school ties. There has been a 7% increase in the number of children in care since 2019 in England. But in the past year almost twice as many households quit mainstream fostering than joined. Reasons cited include the rising cost of looking after children and older foster parents choosing to quit after the pandemic.

 

The Department of Education is launching a £27m recruitment and retention programme, which began in September in the north-east, where demand has soared, and will spread to more than half of England’s local authorities from next April.

One of the joys of representing children is seeing the impact of a positive foster placement on the child’s wellbeing. It can provide them with the safety, stability, and love that they might been deprived of by their birth families. For older children, it can give them the best platform to enter adulthood.

Let us hope that the new campaign will bring the thousands of new families into the fostering system and that many more children like Ellie can live in safe and loving homes.

If you or someone you know is affected by the issues raised in this blog post, we can provide you with expert legal advice. For more information, please get in touch with our specialist team at hello@mcalisterfamilylaw.co.uk

What is co-parenting and how does it work?

What is co-parenting and how does it work?

If you have recently separated from your partner and trying to navigate the arrangements for your child(ren) you might have heard the word “co-parenting” and wondered what it means.  Here, Melissa Jones, Senior Associate at McAlister Family Law, looks at the term and how it applies it practice.

 

What is co-parenting?

Cafcass, the advisory service to the court, describe co-parenting as “‘Co-parent’ is a shortened version of ‘co-operative parent’, and co-operation is essential to making things work well for children”.

A few examples of co-parenting are:

  • Using positive language about the other parent.
  • Avoid using the term ‘my child’ and instead use ‘our child/children’
  • Sharing information about your child with the other parent
  • Avoid involving the children in adult issues that do not concern them or using the children as a ‘go-between’

It is always worth remembering that despite however much we plan for something, things might not work out in the way we want them.  Expect a few bumps along the way, as you and the other parent get used to sharing the responsibility for the children.

 

Can co-parenting really work?

Co-parenting is something that needs time to embed but there is no reason why it cannot work for families.

Take former England Rugby player Ben Foden and his former partner, Una Healey from the Saturdays for example. They have two children aged 11 and 8 and Mr Foden lives in New York with his wife and their own child.  Una has recently said the following about co-parenting: “I’m really happy for them that they have summers in New York and that they’re making lovely memories with their dad, stepmother and sister,” and “Our dynamic is probably different to many people’s, but there are lots of people who have families where the parents aren’t together any more. You just manage it as best you can.”

Parenting Apps

The court is especially keen on separated parents using co-parenting apps to assist with their communication and making decisions.  In some cases, the use of these apps might help you avoid court all together and they you share calendars and send secure communication.

There are a number of co-parenting apps such as:

  • Our Family Wizard
  • 2 houses
  • Talking Parents

Civil, clear and positive communication between is key for co- [parenting to work. Using an app will often give parents less to worry about and in some cases the apps and they can be inexpensive when considered the cost of going to court.

When might co-parenting not work?

There may however be cases where co-parenting cannot work and in particular where there have been findings made relating to domestic abuse or there is an injunction in place which means it would not be appropriate for parents to be in communication with one another.  In these cases, other provisions will need to be considered by the parties in terms of a parent being updated about a child and the court might encourage the use of a third party, for example.

If you or someone you know is affected by the issues raised in this blog post, we can provide you with expert legal advice. For more information, please get in touch with our specialist team at hello@mcalisterfamilylaw.co.uk

Understanding the division of business assets in divorce: a guide for business owners

Understanding the division of business assets in divorce: a guide for business owners

Divorce is difficult time for most people. One thing that those divorcing worry about is the financial aspects of their divorce. Business owners worry what impact their divorce will have on their business. Will their business still be viable after the divorce? Will they have to sell their business? Here, McAlister Family Law Partner, Fiona Wood looks at the division of business assets in divorce.

When a couple divorce, before they can be advised what a fair financial settlement is, they both need to provide full details of their assets, liabilities and income. This is known as providing financial disclosure. If you have an interest in a business this needs to be disclosed as part of this process, whether you have shares in a private limited company or a publicly floated company, are a partner in a partnership or are a sole trader.  The value of a spouse’s business interests will often be valued within divorce proceedings.

Businesses come in all shapes and sizes. Some are small businesses that have very limited assets and are just an individual working on a self-employed basis, for example an IT consultant who works through a limited company. It is unlikely that this type of business will have a value, as the business is just a vehicle through which that person earns an income. If you take that person away the business has no value, save for any money held in its bank accounts.

Other types of businesses are likely to have a value and will need to be valued, unless a value can be agreed by the spouses. If a business valuation is needed when a couple divorce it is usual for the couple to jointly instruct an accountant, who is an expert in business valuations, to prepare a valuation report. Valuing a business is an art, not a science, so different accountants will attribute different values to the same business. Some accountants are more conservative than others with their valuations. It is therefore important that you take advice upon the right accountant to instruct before going down the valuation route.

Most businesses are valued in one of two ways – a net asset basis or an earnings basis.

Net Asset Basis

Businesses that have significant assets, such as properties, are usually valued on a net asset basis. This is the value of all the assets owned by the business less all of the debts. Where the business owns assets such properties, it may be necessary to get up to date valuations of these before the accountant prepares their report.

Earnings Basis

This method is usually appropriate where a business is trading and generating a profit from that trade. Typically, this method requires the assessment of the likely level of Future Maintainable Earnings and the application of an appropriate multiplier. To do this recent trading performance is usually considered.

Usually, the jointly instructed accountant will undertake both calculations and use the highest figure. Therefore, a trading company could be valued on a net assets basis if its assets have a very high value or alternatively if the recent trading performance has been poor, and therefore the Future Maintainable Earnings are low.

Once the accountant has valued the business, they must also consider the tax that would be payable by the business owner if their interest in the business were sold. This is because the divorce court uses the net value of the spouse’s business interests, when considering what a fair financial settlement is.

If the spouse does not own the whole business the accountant must consider whether the spouse’s interest should be valued on a pro-rata basis or whether a further discount should be applied. Often a discount is applied if the spouse has a minority shareholding in a business.

It is all very well valuing a business or a spouse’s interest in that business, but the business may not be able to pay out significant sums of money to assist fund a divorce settlement, even if the spouse’s interest has a significant value. The accountant therefore also needs to look at liquidity when they prepare their report. This is the amount of money that can be taken out of the company by the spouse, without impacting its ability to function as a business. The tax consequences of taking this money out of the business must also be considered.

If a business has limited or no liquidity, this is a factor that will have to be taken into account when considering what a fair settlement will be. If it is considered appropriate for the business owning spouse to pay money to their spouse as part of the divorce settlement, the payment of this may take place over a few years if insufficient money can be raised through the business or elsewhere to pay it upfront in one payment. A judge may also say that if the business is sold in the future that the non-share owning spouse should receive a proportion of the net proceedings of sale of their spouses’ shares at that point, if there is insufficient money for the spouse without shares to receive their fair share of all the matrimonial assets, including the value of their spouse’s business interests.

Will a judge order a sale of a business as part of a divorce settlement? If the only owners of a business are one or both spouses, a judge could, in theory, order a sale of the business. However, this would be extremely unusually, as the business is usually a significant source of income for the couple and unless they are both saying that they want the business to be sold this is very unlikely to be ordered as part of a divorce settlement. Usually, one spouse is provided with capital in lieu of their spouse retaining a business or they receive part of the net proceeds of sale of that business if it is sold in the future.

If you are divorcing and have a business, it is important that you obtain advice from an experienced family solicitor who regularly deals with divorces where there are business assets.

If you or someone you know is affected by the issues raised in this blog post, we can provide you with expert legal advice. For more information, please get in touch with our specialist team at hello@mcalisterfamilylaw.co.uk

Do the Beckhams and Rooneys prove you should stay in a marriage and work at it?

Do the Beckhams and Rooneys prove you should stay in a marriage and work at it?

With the press full of stories about the Beckhams and Rooneys and their historical marriage woes, McAlister Family Law Partner, Lisa Brown, raises the question of whether it is the right thing to stay in a marriage when it is floundering or not?

Both the Beckhams and the Rooneys appear to have navigated troubled waters and arguably come out stronger but that is not always the case and there is no one right answer as to how hard is too hard when it comes to fighting for a relationship.

If I start divorce proceedings is there no way back?

From a legal perspective should you decide to start divorce proceedings there is still a way back until the final divorce order as you can effectively ask the court to cancel the proceedings.  It is rare that this happens as for lots of people the process of separating their finances and resolving issues in relation to the children can polarise them further.  Having said that there are couples who go through the entire process only to get re-married again!

Does it matter if I am the one who ends it?

Sometimes the making of the initial decision can be the hardest part and it can also colour how the parties deal with the practical elements of separation.  For example, where it was more one person’s desire than the others, they can feel guilty and end up walking away with less than they deserve.

The process of divorce and all that comes with it is inevitably driven by emotions, but parties do need to understand that with the financial settlement they only get one chance to get it right and if they agree something which is overly generous or, conversely, which doesn’t meet their needs they may end up regretting it.

From a legal point of view, it will not have any impact who ends the relationship nor whose fault it is.  Part of the reasoning behind that is that if some account was taken of who left who and the circumstances of that in determining either financial or child arrangement issues then the courts would be full of people arguing about whose fault the demise of the relationship actually was.   Relationships are complex and this would lead to greater uncertainty and cost in litigation.

So, what should I do?

There is perhaps a reluctance to speak to a divorce lawyer when a relationship may be struggling- almost as if in doing so you are accepting the relationship is over.  Like most things in life though it is far better to be aware of what might happen than end up potentially going into the situation blind.

Added to that there are many different myths about family law which are frequently repeated, but wholly inaccurate and inevitably most people will know somebody who has had a “bad” divorce with it being long fought, expensive, acrimonious or all of those things.  This can inadvertently impact your view and cause unnecessary stress and worry.

Speaking to somebody who can guide you through the legal process could help crystallise your decision one way or another.  A divorce/ family solicitor shouldn’t be pushing you into a divorce but instead should set out the various legal options and processes to allow you to make an informed decision.  Advice given is always completely confidential.

If you are in a relationship that is struggling at present my advice would be to speak to one of our specialist family solicitors so you can make a decision about your future with all of the facts.

If you or someone you know is affected by the issues raised in this blog post, we can provide you with expert legal advice. For more information, please get in touch with our specialist team at hello@mcalisterfamilylaw.co.uk

The Russell Brand Scandal: Does the UK need to alter the age of consent?

The Russell Brand Scandal: Does the UK need to alter the age of consent?

In light of Channel 4’s recently aired ‘Dispatches’ documentary which saw a number of women make allegations against Russel Brand, there are calls from the public to amend the age of consent in the UK. Here, McAlister Family Law’s Eleanor Drury explores at what a change in the law may look like.

Channel 4’s ‘Dispatches’ documentary, saw a number of women make allegations of rape, sexual assault and emotional abuse against comedian and online personality Russell Brand, including one allegation from a woman going by the name of Alice, who discloses that she first engaged in a sexual relationship with Brand aged just 16 whilst he was in his 30’s, there are calls from the public to amend the age of consent in the UK in order to protect teenagers from engaging in unhealthy and potentially dangerous relationships with older individuals.

At present, the legal age of consent in the UK is 16. This was introduced by virtue of the Criminal Law Amendment Act 1885, to decriminalise 16 year olds who chose to engage in a sexual relationship with their peers. Despite English Law viewing anybody aged under 18 as a child, the law surrounding consent does not reflect this nor mirror the lack of autonomy given to 16 year olds in other areas such as the legal drinking, marriage, or voting age. Perhaps legislators failed to anticipate that the current law would allow for situations whereby children are able to consent to sex with adults double their age, where there is undoubtedly huge differences in status and significant power imbalances.

In the documentary, ‘Alice’ describes how Russell Brand would send cars to collect her from school and take her to his home where the pair would have sex. She claims that he became increasingly controlling, encouraging her to lie to her family and friends about their relationship and even sexually assaulted her by removing a condom without her knowledge. Research indicates that 16% of teenage girls with older boyfriends experience severe physical violence, compared to 6% of girls in a relationship with a partner of the same age. Naturally teenagers, by virtue of their age, are vulnerable and more likely to be targeted and manipulated by older individuals.

Any amendments to the law would need to be considered on a practical basis. Whilst some people are calling for it to be made illegal for anyone older than 21 to have sex with those aged between 16-18, this is arguably too restrictive and would create situations whereby a 20 year old could have a legal relationship one day, then the following day turn 21 and be open to punishment from the law. Perhaps a more workable solution would be to implement barriers within the law whereby 16 & 17 year olds can only consent to sex with somebody who is within 5 years of their age.

Age of consent varies around the world with some countries such as India, Turkey and Uganda setting 18 as the age in which a person can legally consent. In South Korea and Nepal, the age of consent is even higher; set at 20.

Whilst it is important to note that the age of consent across the world varies to reflect the traditions, religion, culture, and history of a particular country, it certainly interesting to consider if, and how, the UK might decide to vary legislation, particularly as the ‘Me Too’ movement continues to gain momentum.

If you or someone you know is affected by the issues raised in this blog post, we can provide you with expert legal advice. For more information, please get in touch with our specialist team at hello@mcalisterfamilylaw.co.uk

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