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Q: How do current restrictions impact agreements concerning timescales for property transfers? A. If timescales required to achieve a transfer of property are underestimated, it could leave one party in breach of an Order. Whilst ordinarily...
The government has confirmed that arrangements for children to move between the households of separated families is permitted. Parents are being asked to carry out a sensible assessment of the circumstances before deciding what the arrangements should be....
As people still get to grips with the ‘new normal’ of working from home, it isn’t really any different for solicitors, barristers and judges who are setting up domestic courtrooms in dining rooms and living rooms up and down the...
Q. Should we now get another house valuation for our divorce financial negotiations? A. If you are still negotiating your divorce financial settlement and you had your house valued before Covid-19 struck the UK, you may be wondering whether...
Q. Can we still reach a financial settlement in our divorce during lockdown? A. Whilst the coronavirus lockdown may have put a temporary pause on going out and about and enjoying life as we know it, not everything needs to be put on hold, including...
Q. Can I apply for divorce whilst we are in lock down? A. We are receiving several enquiries from clients who have made the recent decision to divorce their spouse, either because they now have the time to do so or because being in the same house for...
Q I have moved in with my partner for the lockdown, what happens if things don’t work out? A. The deputy chief medical officer, Jenny Harries, has suggested that couples who do not live together should either stay apart during the Coronavirus...
Q. Can I reduce or miss periodical payments because my business is closed or because I have been furloughed? A. Unfortunately, we have seen some parties making unilateral decisions to reduce or miss periodical payments. These are payments ordered...
Q. Do I still need to meet Family Court deadlines whilst on lock down? A. As explained in our Q&A on 25 March 2020, the Courts are still open, with there being a clear expectation that court deadlines and hearings are still complied with as far as...
Q. Will my Hearing still take place whilst we are on lock down? A. Whilst the courts are inevitably facing new challenges due to Covid-19, it is important to still prepare for your hearing to take place, albeit not in the conventional way. Solicitors...
Q. Since the lock down effective 23.3.2020, can children still leave one house to see the other parent? A. Whilst advice is changing quickly, the current advice is that children can still move between houses and should still see both parents, where it...
Although farming families are often close-knit, the long-hours and pressures of running a business can take their toll, leading to relationship breakdown and divorce. The often complex nature of farming partnerships, land holdings and other business assets...
As a consequence of so many anticipated changes in the coming weeks and months, it is important for parents to consider the impact, if any, on Child Arrangements Orders and any informal arrangements. This is not only due to the likely extended...
If you are not married and buy a property with your partner, it is possible to set out how the money should be divided upon sale by entering into a Declaration of Trust. However, if you are married or go on to get married, the strength of that Trust is...
A divorce is the process of legally ending a marriage and therefore some documents need to be filed with the Court. This doesn’t necessarily mean that you will need to appear before a judge. Courts are used to resolve legal disputes and if you and...
When considering relocating your children, both an internal relocation (within England and Wales) and external relocation (from England and Wales to other parts of the UK) requires the consent of the other party. Internal relocation cases, just like...
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...
When seeking a Financial Settlement integral to divorce, the first step is almost always for there to be an exchange of full and frank disclosure. The duty to disclose financial information remains open throughout the case and helps to ensure that both...
In many divorce cases, the family home is one of the most valuable assets a couple will have and is central to reaching a financial settlement. Depending upon how much equity there is in your house, the options are generally as follows: allow one person...
Raising a child in more than one country can trigger tricky legal issues, for both Royals and non-Royals, in the unhappy event of a future separation or divorce. As we all know, Meghan and Harry are currently finalising their personal and official...
Meeting with a family lawyer can be a daunting step to take, but knowing what the divorce process entails and how long it will take should help to ease any concerns you may have. Your solicitor will need your original marriage certificate (a certified...
Whilst moving out of the marital home won’t affect your rights to the property, there can be reasons to stay put if it is safe to do so. The main reason to stay in the house, if you can, is to assist with a sale. If the house is to be sold, remaining...
Christmas can be a stressful time for families, financial pressures and trying to please everyone can take its toll. January is often said to be ‘divorce month’ for this reason, so what can you do to stop your marriage heading in...
Unfortunately, it is a fact that Christmas can increase existing stresses and strains within relationships and, as a result, incidents of domestic abuse soar over this period. Domestic abuse can include mental abuse and controlling behaviours as well as...
At present, the only immediate facts upon which you can base a divorce in England, are adultery or unreasonable behaviour. Whilst these are commonly used to avoid waiting for 2 years to pass before divorcing, there is a common misconception that agreeing to...
The ‘common law’ myth There are lots of myths out there about co-habiting couples acquiring the same rights as married couples, once they have lived together for a certain period of time. Put simply, there is no law for the ‘nearly...
One of the things that we are asked on a regular basis by people thinking of getting divorced is whether or not they have to ‘blame’ their spouse or civil partner for the reason for the relationship breakdown. I will not detail the facts that...
Whilst most people are keen to seek the final decree in their divorce after what can be a long process, it is important to take legal advice and check your timing. If not, you risk financial detriment, despite all the effort and time which goes into your...
We are often approached by people who have been separated from their spouse for many years. If there are no children arising from the relationship, the parties often do not know where the other party lives. There are various options. If you have a current...
Depending upon the length of the marriage, and whether there is a Pre-Nuptial Agreement or not, all assets of the marriage are pooled and treated as joint assets. Money or property that you’ve inherited are not automatically excluded from the...
A Child Arrangements Order is an order made by the court stating where children will live and how and when they will spend time with each parent. If the terms of the Order are not being met, by one party or the other, there is...
Can I get remarried before my financial settlement is concluded? When going through divorce proceedings , it is vital to ensure that all financial matters have been fully resolved before considering remarriage. A great number of people are unaware that...
As many wait for Divorce Reform to come into play, we take a look at the current system, where there is in fact only one ground for divorce. This being the irretrievable breakdown of marriage . However, in order to demonstrate that your...
At the outset of divorce proceedings this is often one of the first questions asked. The divorce itself should be relatively straightforward if you have instructed a family solicitor to manage the process for you. The divorce process itself usually takes 6...
When you meet with your family solicitor , part of the process will be for you and your ex-partner to provide disclosure of all your financial affairs. As part of that process, you will also be asked to prepare a budget of your current outgoings and, based...
Myth: Can I divorce my spouse if they have committed adultery with a person of the same sex? Busted! It is not possible to issue a divorce petition citing adultery as the reason for the marriage breakdown if your spouse is having an affair with a...
If you are in the process of getting a divorce , it is vital that you think about changing or making a Will even during divorce proceedings This is because any existing Will you may have is unlikely to reflect your wishes during and after separation. ...
A separation agreement can be entered into by couples who are separating but who do not want to divorce or dissolve their civil partnership at that time. This can be for various reasons, including not being ready to take that step or for religious reasons....
During the divorce process , two Decrees will be received but they have very different meanings and effects. Decree Nisi is the first Decree that will be received, a few weeks after your Application for divorce has been issued by the Court....
A parent who does not live with their child may be liable to pay child maintenance to the parent with primary care for the child until the child turns 18 or ceases full time secondary education. Child maintenance may,...
There are two types of maintenance. A parent who does not live with their child may be liable to pay child maintenance ; we explain that in more detail in our blog on how is child maintenance calculated? In this blog we focus on the other...
Quite understandably, when people visit a solicitor for the first time following the breakdown of their marriage, the issue of their income is often at the forefront of their mind. Maintenance is the term that is used when one spouse pays to...
When you get divorced you should also consider the financial claims that exist between you and your spouse. A divorce doesn’t mean that financial claims come to an end. Until a Court Order has been made, either providing for a financial settlement...
When going through a divorce , people often want to change their surname from their husband’s surname back to their maiden name. The Decree Absolute of your divorce should be sufficient evidence of the change of name to enable you legally to adopt...
In some circumstances it is possible to adopt stepchildren. However, it is always advisable that you seek legal advice on the circumstances of your case and to consider if adoption is a necessary and most favourable option for your family. It is sometimes...
If your relationship has broken down irretrievably, then you can take steps to dissolve your civil partnership . To apply for a dissolution, you must have been in a civil partnership for at least one year. The partner wanting to dissolve the civil...
There are three stages to get divorced and which are: issuing a divorce petition, obtaining decree nisi; and obtaining decree absolute. What is a divorce petition? A divorce petition is an application for the legal dissolution of a marriage....
If you are considering gifting property , land or money to your family, or if you are about to receive a gift, then you should read this article first. Agreements between couples, regulating how they own and share assets, are becoming far more common. This...
Judicial separation is where you and your spouse formally separate and this separation is recognised by the Court. Judicial separation is rare and is usually used due to religious reasons. As with divorce , a petition for judicial separation will need to...
Quite simply, yes. You are able to divorce even if you and your spouse remain living with each other, though it must be proven that you have maintained separate lives whilst divorcing and perhaps even prior to separation. However, bear in mind that living...
Particularly if you are separated or divorced, in order to take your child abroad, you will need written permission from everyone with parental responsibility. The child’s mother automatically has parental responsibility, but this is not always the...
A Child Arrangement Order is a court order regulating arrangements concerning with whom a child should live, spend time or otherwise have contact. We often come across situations where the children themselves voice that they no longer wish to visit...
As the political debate around Brexit continues, we take a look at the impact it could have in Family Law . EU Regulation assists in determining the appropriate legal jurisdiction for divorce proceedings. Currently, within the EU, the country where...
A new partner, Amy Foweather, has been appointed to Harrowells' Family Law Department . Joining from a national family law practice, where she was also a partner, Amy will advise clients across the practice’s six-office network, together...
A marriage can be annulled if it is a void or voidable marriage and an annulment can take place at any time after the wedding, unlike a divorce where you have to wait a year. What is a void marriage? A void marriage is where your marriage is not legally...
There are family lawyers and family law teams who promote themselves as always adopting a particular negotiating style: for example very consensual or very hard-edged. This might appeal when you are deciding who to instruct, particularly in the often...
It is well known that the most busy time for divorce lawyers is January. This is because already strained personal and family relationships can come under particular pressure over the Christmas and New Year period. Having seen many January...
You will all be aware of the recent headlines regarding the ‘Rotherham Rapist’ and the steps taken by Rotherham Council when they contacted Mr Hussain about care proceedings regarding the son he fathered through the rape of his mother. What...
As we have cautioned previously, you need to be careful not to be misled by urban myths that frequently circulate online. To help you, we call out and bust four urban myths concerning divorce law . Myth: If you live together for two years you acquire the...
In many cases, the choice of school is straightforward but what happens when parents who are divorced can’t agree on a choice of school? Where parents both have parental responsibility for their child, major decisions relating to the child,...
It is so easy - a quick Google search and, bingo, you have answers to questions you may have about divorce proceedings , separation or what should happen with the family home. However, proceed with caution, the answer you find may not apply to your...
For separated parents there can often be a worry that as a result of living apart from your child , your parent-child relationship may start to suffer. In extreme cases, children can become estranged from one parent as a consequence of the other...
Every year Legal 500 assess the reputation and quality of client service of the top 10% of UK law firms using a mix of primary research and feedback from a sample of law firms’ clients. The latest report has just been published and I am pleased to...
A pet is often seen as an integral part of a family – but, in the eyes of the law, household pets are treated only as property. What happens if there is a dispute? If there is dispute about ‘who should have the pet’ upon divorce , it...
If your engagement breaks down, do you have any rights? A broken engagement might be devastating to one party or might be a mutual decision but either way it’s likely to cause upset and sadness. Once the initial shock has eased, it will be necessary...
Divorcing couples often focus on dividing their ‘visible’ capital in the family home and in bank accounts, overlooking assets accumulated in occupational or private pensions. The financial value of such pension rights can, in many cases, be...
Decisions regarding the family home are usually those which can cause the most conflict and need to be considered in detail during divorce and financial proceedings, but what else do you need to think about? When you purchase a family home purchased jointly...
It might surprise many people to discover that ‘no fault divorces’ do not exist under English law – though they do in other jurisdictions like Scotland and the USA. The current position is that divorce can only be granted within the first...
Becoming a parent is momentous and, with all the life changes, brings the rights and responsibilities every parent needs to care for their child properly. The legal term for these rights and duties is 'parental responsibility'. This term is...
You may have seen recent coverage of Legal and General's research into 'Bank of Mum and Dad' which reveals the average parental contribution for home buyers this year is around £18,000; this is some 17% lower than last year’s figure...
It is around this time of year that families start to plan their summer holidays but, if you are separated from the mother or father of your children, what do you need to do legally before you book your holidays? If you have a Residence Order or a Child...
Like most family lawyers, I have felt compelled to watch the BBC1 drama ‘The Split’ to see how my day job is represented - albeit I watched most of it distracted by some pretty significant inaccuracies! The drama centres around a high...
There is a common assumption that all property assets, such as the family home and investment properties, are shared by spouses and so subject to sale or sharing out on divorce. This is not necessarily the case. If you acquired or inherited a property...
A pension can be a very valuable asset in a marriage and dealing with it on the breakdown of a relationship can be complex. There are three main ways the pension can be treated: Pension Sharing – the court has power to order a pension share,...
Some of you reading this may have watched Eastenders recently, whereby there was a delay in Martin returning the children to Stacey following contact. The programme showed Stacey calling at Martin’s home address with the Police to collect the...
There is no automatic right in England & Wales for grandparents to see their grandchildren or to have any involvement in their upbringing. However, the Courts are beginning to recognise the often invaluable role that grandparents can play both in...
When thinking about how to settle the issues that arise from a separation, the benefits of mediation are well worth considering. Mediation won’t suit everyone, but for some couples it can be a valuable way to reduce the stress involved in relationship...
The answer is yes, but do so with extreme caution as dealing with your divorce incorrectly can result in missed financial claims or a failure to stop your ex from coming back and claiming against you in the future. There are at least two strands to every...
Recent news that another Supported Child Contact Centre is closing its doors should give us all cause for concern. When parents separate, the relationships between adults can be difficult and the months following a separation can be enormously painful....
He already shares half of his wealth with double-act best friend Dec, so will Ant McPartlin now be required (or agree) to share that half again with estranged wife Lisa Armstrong? The announcement that one of TV's best loved presenters is separating...
During a recent ITV 'Tonight' documentary, the subject of divorce was discussed and the issue of whether England & Wales should allow parties to separate on a no-fault basis (as you can in Scotland or the US) was debated with valid arguments made...
It is a recent phenomenon that the first Monday in January has become known as ‘divorce day’. In 2018 that day in fact falls on Tuesday 2nd January as the first Monday is of course New Year’s Day. We are often asked whether or not...
It’s that time of year again when the festive period is upon us. Sadly, instances of domestic abuse and violence increase significantly over this period. If you are concerned about a family member or loved one who you believe is at risk of domestic...
Some 118,000 divorces are granted in England and Wales each year; that’s more than 300 couples every day. Divorce in itself is difficult enough, but when the outdated laws surrounding divorce are largely fault-based, it makes it even harder and often...
Going in to meet a divorce lawyer can be a daunting prospect. So, what do you need to know from them and what are they likely to ask you? You need to trust your divorce lawyer You need to know that you can be open and honest with them - both about...
Buying your first house is exciting and nerve wracking at the same time. Couples who are buying together for the first time are making a huge financial and emotional investment, often funded by one or both of their respective parents. An important factor...
In a generation of celebrity and social media, it comes as no surprise that ‘split rumours’ and ‘custody battles’ amongst the rich and famous are filling up the columns of our daily news feed. This reporting means that divorce is now...
