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When in the middle of either Financial Remedy Proceedings or Children Act Proceedings, it can be tempting to post about the court proceedings on personal social media accounts. Although this may seem like a good idea at the time, it is not something you...
My parents’ Wills set up a trust for the family home to help with care fees planning. Will I have to pay second home stamp duty rates on the purchase of my own property as I am a beneficiary of a property under my parents Will? This is a question we...
There have been recent changes to the Capital Gains Tax (CGT) rules that will affect separating and divorcing couples which are going to be implemented from April 2022. What was the previous position? Previously there was a ‘no gain no...
Parents are often unsure whether they need consent from their ex to take their children on holiday. We provide a handy guide from the perspective of Family Law in England and Wales. Holidays Abroad The first thing to...
Currently to be able to start your divorce proceedings there needs to be an irretrievable breakdown of the marriage. To prove this the Court must be satisfied that one of the following facts are met. Adultery ...
When parents are unable to come to an agreement regarding whether their child should be vaccinated, they will need to seek an order from the Family Court. The Family Court will determine whether the child should receive the vaccine by focusing on what is in...
If you are made redundant from your job, you will often receive a financial settlement. Whether or not your redundancy package will be shared as part of a divorce settlement is circumstantial. For example, it may depend upon whether the redundancy package...
The paramount consideration of the court in determining arrangements for children is ‘what is in the best interests of the child?’ The court will apply, as previously explained in earlier blogs, the welfare checklist which does include taking...
Having full information about your husband or wife’s financial circumstances is a fundamental part of reaching a divorce settlement. You should ensure you have all of this information before you start discussing how you might divide your assets,...
In court proceedings concerning children the general rule is that each party will pay for their own legal costs. The reason for this is that the Court does not view these cases as having a ‘winner’ or ‘loser’. Rather, the court makes...
The current financial uncertainty stemming from Covid-19 needs to be considered carefully by couples who are currently going through a divorce or are thinking about starting the process. It is important that you do not overlook pension assets because they...
As the No Fault Divorce Bill has now passed the final stage and is expected to be implemented in Autumn 2021, it has subsequently brought with it a lot of curiosity from people who are questioning the extent of the impact this change in the law will have...
Due to the coronavirus pandemic a lot of people are struggling financially. This is likely to be a result of their business having to stop trading or they, like many others, have been placed on furlough. As a result of this there has been an upsurge in...
A consent order is the final document in your financial settlement which sets out how your property and money, including but not exclusive to, savings, investments and pensions will be divided. You can reach an agreement out-of-court with your spouse with...
Along with the usual uplifts to the minimum wage, statutory sickness pay and maternity pay, this April we also see changes to the way holiday pay can be calculated and paid for some workers, some changes to family rights, and perhaps most significantly,...
Recent Budget offers farmers greater flexibility when considering environmental schemes
It has been a tumultuous couple of years in the farming sector, with wholesale changes to the subsidy regime, commodity price shocks and uncertainty concerning export markets. In this context, there was at least some good news in the recent Budget for...
The short answer: it depends. Both spouses will need to provide full details about their assets and income, with documentation in support e.g. bank statements, pay slips, property valuation, mortgage statements. This is so that the court can...
