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Divorce & Family Law Blog

 

This page contains all our blogs related to Divorce & Family Law. If you are interested in a specific area, you may prefer to view one of our specialized subcategories.

Children   Divorce & Separation   Finances  

Can I keep the house when I get divorced?

Theo Hoppen
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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...

Help for domestic abuse victims

Emma Walker
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This is a time of year when families and friends come together for celebration and festivities. Unfortunately, it is also the time of year when cracks within relationships can show themselves. Christmas on the one hand can be a joyous time. On the other...

Gaslighting...are you a victim?

Sophie Crane
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You may be familiar with the term “Gaslighting” but may not fully understand what this means. Gaslighting is a subtle, yet dangerous form of control and the victim is usually unaware that they are experiencing it.  In simple terms it...

Why you should not post about Family court proceedings on social media

Rebecca Laffan
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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...

Tips for successful co-parenting over Christmas

Amy Foweather
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For separated and divorced parents, navigating the complexities of sharing time with the children during the holidays can be challenging.  The significance of co-parenting during the holidays is a testament to the commitment of both parents to...

Legal 500 - Fantastic results for Harrowells

Peter Mills
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Each year Legal 500 publish a report focused on the quality of advice and nature of work undertaken by leading law firms in the UK, including our own. Legal 500 base their assessment, to a significant extent, on feedback given directly to Legal 500 by our...

I've been served with a Non-Molestation Order - what should I do?

Debra Jackson
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Over the last decade, injunctions made under the Family Law Act have increased by around 50%, as the law related to Domestic Abuse has continued to expand. Obviously, there are many cases in which people need the protection of the Court, and an Order is...

Do I have permission to take my child abroad?

Charlotte Bowen
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With the school summer holidays fast approaching, it is a good time to consider if you have permission to take your child abroad. The first step to check is if you both have parental responsibility. If you both have parental responsibility, then...

Can we stop our divorce?

Amy Foweather
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Applying for a divorce can be daunting and often clients will voice concerns and doubts about if they are making the right decision. This is all completely understandable and something we regularly talk to clients about this as part of the process. In...

Important new tax rules for separating couples

Debra Jackson
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As Rebecca Laffan reported in April of last year, Capital Gains Tax rules for separating couples are changing.  Following the Spring Budget, we now know that these rules are coming into force in April 2023. What are the new rules? The new rules are...

Great results for Harrowells in the Legal 500 2023 report

Peter Mills
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Legal 500 have just published their latest report (‘the 2023 edition’) and the firm has, once again, achieved a strong showing. We have received formal recognition of our excellent service delivery and high technical standards across nine...

How long does a divorce or dissolution take?

Charlotte Bowen
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The divorce and dissolution process in England and Wales changed on 6th April 2022, allowing couples to divorce or end their civil partnership without blaming the other for the breakdown of the relationship. The new ‘no fault’ system allows...

What is habitual residence?

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Although efforts have been made to make the law surrounding divorce and custody disputes, more ‘user friendly’ there are still some terms which can remain a bit of a mystery to non-lawyers! One of those terms is habitual residence. It crops up...

What is a Final Hearing within financial remedy proceedings?

Charlotte Bowen
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The Final Hearing will usually be the third and final court hearing within financial remedy proceedings. The Judge will make a decision on your financial position and impose a settlement on you and your husband/wife if agreement is not reached. Prior to the...

Do dads only get weekend access?

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We are often approached by fathers who worry that after a divorce they will only get weekend access to their children. The reality is that this type of arrangement is now very rare. The approach of the Family Court is to involve both parents in their...

Capital Gains Tax rule changes for separating and divorcing couples

Rebecca Laffan
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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...

'No fault' divorce rules set to end the 'blame game'

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The introduction of ‘no fault’ divorce in April 2022 is perhaps the biggest shake-up in divorce law for decades. The aim is end the “blame game” and reduce acrimony and hostility which can be made worse under the old regime. Now,...

How a house is divided on divorce

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There is no magical equation or ‘one size fits all’ formula to separating assets on divorce and dividing up the family home is no different. The family home will be treated as a matrimonial asset regardless of whether it is owned in the sole...

Do I need consent from my ex-partner to take my children on holiday?

Rebecca Laffan
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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 consider is who has parental...

What is a Financial Dispute Resolution Hearing?

Charlotte Bowen
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The Financial Dispute Resolution (FDR) Hearing is usually the second court hearing that takes place in financial remedy proceedings - the overall process by which the court decides how to distribute assets between a divorcing couple. During this...

What is an FDA court hearing?

Charlotte Bowen
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One of the most important parts of getting divorce, is reaching a financial settlement. A lot of couples are able to agree this without going to court, but if there are difficulties in achieving this. Perhaps with one person not providing their financial...

Divorce rates - will they rise with the advent of no fault divorce?

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Each year, the Office of National Statistics provide updated statistics for divorce rates in the previous year. It was anticipated by the media and many professionals that the strains of lockdown restrictions would see a spike in divorce rates . The Office...

Remote Hearings in the Family Court

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After the country was put into Lockdown in March 2020, the courts in England and Wales had to find a way to make sure they could continue to hear court cases, but at a time when we weren’t able to meet in court buildings. Radical upgrades were made to...

What does Without Prejudice mean?

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You will often receive correspondence within divorce proceedings or a financial offer marked ‘Without Prejudice’ and you may be wondering what this means. ‘Without Prejudice’ means ‘without loss of any rights’ and the...

How to protect my pension in divorce

Emma Walker
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One of the questions we are often asked, in cases involving sizeable pensions, is how they can be protected from a claim from a spouse upon separation. Pensions are generally treated a little differently to capital when looking at assets because, whilst a...

What are your rights to property after separation?

Amy Foweather
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Assuming you have a registered marriage, the first question is whether or not you entered into a prenuptial agreement, or subsequent postnuptial agreement. Such agreements are now becoming much more common in a wide range of cases and are not limited to the...

Do I have a common law marriage?

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Do I have a common law marriage? No, there is no such concept as a common law marriage. If you are not legally married, then regardless of the lengthy of your relationship, you have no right to a financial settlement via the family court. Child...

What happens to a limited company on divorce?

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When looking at a financial settlement, all of the assets that you and your spouse own or have an interest in will for part of the ‘pot’ to be divided and that includes businesses whether they be sole trader, limited company or partnerships. As...

How does no fault divorce work?

Rebecca Laffan
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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 Unreasonable behaviour Desertion 2 years...

Should I wait until after my divorce to change my Will?

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**This article was edited on 27 July 2023 to reflect that the amount of the statutory legacy increased ** The short answer is no; you must act sooner than this. It may be important to create a Will or amend an existing Will to ensure you protect your...

A guide to high net worth divorces

Amy Foweather
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Regardless of the assets in a case, an application for divorce and the prospect of trying to reach a financial settlement can be daunting. However, high net worth cases can quickly become more complex. This is largely because of the type of assets...

No Fault Divorce allowed from April 2022

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It has been a matter of public record for some time that the Government were considering implementing a system whereby parties could divorce immediately, without the necessity to blame each other. Those of you familiar with the divorce process will be aware...

What do I do if I change my mind about my divorce?

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This depends entirely on where in the divorce proceedings you are. You can change your mind about your divorce and withdraw the proceedings at any point unless your Decree Absolute has been pronounced. If your divorce petition has only just been filed...

Separated parents and negotiating Father's Day arrangements

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Many separated families spend time discussing and resolving the best arrangements for their children to move between their homes, and ‘special days’ can often be the hardest.  For Father’s Day, we will generally advise our clients to...

Will the Court order my child to get the Covid vaccine?

Rebecca Laffan
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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...

Will my redundancy money be shared in my divorce?

Rebecca Laffan
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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...

If I am separating from my partner, can I change the locks on the family home?

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Yes, you can change the locks on the house if the property is legally owned in just your name, but not if it is owned jointly with another person. If you own the house with your former partner, then you will need their permission to change the locks and you...

Covid-19 restrictions and child contact

Emma Walker
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Although there is the prospect of current Covid-19 restrictions easing on a stage-by-stage basis, it can be difficult for separated parents to understand what is permitted in relation to child contact arrangements; so we thought it would...

Tips for divorcing a narcissist

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Narcissism is a personality disorder which can be characterised as having an inflated sense of self-importance, a need for admiration and a lack of empathy or inability to recognise the needs and feelings of others. A narcissist’s personality traits...

Harrowells now has an office in Malton

Peter Mills
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Our Agricultural, Commercial and Private Client Teams have been successful in winning new instructions in the Ryedale area in recent months. As a result, we have opened a base in Malton so that we can more easily look after our clients and contacts in the...

What happens if my child refuses to go to Contact?

Rebecca Laffan
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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...

Do I have to attend mediation?

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If you are intending to divorce, you do not need to attend mediation before you start the divorce proceedings. However, if there are financial issues to resolve, or if you are not agreed about arrangements for your children, then you may need to attend...

Bitcoin and Divorce

Amy Foweather
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The main point to take away from this blog is do NOT ignore cryptocurrencies such as Bitcoin which typically use blockchain technology to trade digitally. I have known clients try to simply dismiss the fact that they think their spouse might have bought...

Will divorce rates rise in 2021?

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The Office for National Statistics (ONS) have recently confirmed that divorce rates increased in 2019 to the highest level in 5 years with 107,599 couples divorcing last year. This was attributed to a backlog of divorce cases following the centralisation of...

Christmas child arrangements for separated parents

Amy Foweather
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Whilst 2020 has been difficult for everybody, it has been particularly difficult for separated parents trying to accommodate child arrangements, whether they have a court order, or not. This has not been helped by conflicting government guidance and...

Information for victims of domestic abuse

Emma Walker
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Family arrangements at Christmas time can increase pressure in relationships that are already volatile and so, sadly, there is usually a spike in domestic abuse reports over the holiday period. Unfortunately, in this pandemic year, many families have been...

What financial information is required before a divorce settlement can be reached?

Rebecca Laffan
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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,...

Preparing for remote family court hearings

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Since the start of the Covid-19 pandemic in early 2020, the family court in England has had to radically upgrade and change the way it works. There had been a move to submitting some applications and documents online in the months leading up to the...

Will my ex pay my legal costs in children proceedings?

Rebecca Laffan
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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...

Independent recognition of our high quality service

Peter Mills
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Legal 500 undertake an independent assessment of the reputation and quality of service of leading UK law firms. Their latest report, published in September 2020, recognises the quality of our service across seven practice areas, as defined by their research...

How are the value of future pensions taken into account on divorce?

Rebecca Laffan
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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...

The No Fault Divorce Bill and the shift away from the 'blame game'

Rebecca Laffan
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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...

Can I take my child on holiday if the other parent objects?

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This question has always existed but has been exacerbated by the travel restrictions and anxiety brought on by Covid-19. The law is actually very straightforward.  If you have a residence or ‘lives with’ Court Order than you can usually...

Notable 2020 case points the way for pension splitting on divorce

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The case of W v H will always hold a special place in my heart as the case that reaffirmed that family law was the area I wanted to specialise in and in particular, finances on divorce. I had the pleasure assisting with this case throughout the paralegal and...

Borrowing from the 'Bank of Mum and Dad' and your divorce settlement

Rebecca Laffan
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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...

All our offices are open for pre-arranged appointments

Peter Mills
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All our offices are open for pre-arranged appointments as well as for telephone or video meetings. Contact us as normal by phone or email and we will happily arrange a scheduled meeting to discuss your matter. Please bear in mind that, with...

Should I wait for further easing of lockdown restrictions before I apply for a divorce?

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The media has predicted that we will experience a rise in divorce cases following the restrictions of lockdown but are there any benefits to waiting for the restrictions to be lifted to start the process? Make early contact with a specialist lawyer The...

How do current restrictions impact agreements concerning timescales for property transfers?

Amy Foweather
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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...

Co-Parenting during Covid-19

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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....

Can I still make a financial application to the Court during lockdown?

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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...

Should we now get another house valuation for our divorce financial negotiations?

Amy Foweather
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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...

Can we still reach a financial settlement in our divorce during lockdown?

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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...

Can I apply for divorce whilst we are in lockdown?

Amy Foweather
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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...

I have moved in with my partner for the lockdown, what happens if things don't work out?

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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...

Can I reduce or miss periodical payments because my business is closed or because I have been furloughed?

Amy Foweather
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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...

Do I still need to meet Family Court deadlines whilst on lock down?

Amy Foweather
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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...

Will my Family Court Hearing still take place during lock down?

Amy Foweather
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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...

Child Arrangements and Covid -19 - Question and Answers

Amy Foweather
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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...

How pre-nuptial agreements can preserve family farms

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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...

Covid-19 and Child Arrangements

Amy Foweather
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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...

Does marriage affect my declaration of trust?

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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...

Do I have to go to Court to get divorced?

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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...

Consent of the other parent required to relocate within the UK

Amy Foweather
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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...

What is a Consent Order in financial proceedings?

Rebecca Laffan
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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...

Do I need to disclose my finances?

Amy Foweather
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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...

What happens to our house when we divorce?

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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 unforeseen legal issues for Royals and non-Royals alike

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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...

What do I have to do to start a divorce?

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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...

Can I move out of the marital home?

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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...

Preventing a Festive Fallout

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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...

Does the reason for the divorce affect the financial settlement?

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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...

What are my rights if I am not married to my partner?

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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...

No fault divorce. Do not hold your breath.

Emma Walker
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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...

Why wait for your decree absolute if there is a pension sharing order?

Amy Foweather
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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...

Divorcing after long term separation

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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...

What happens to my inheritance if I divorce?

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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...

Enforcement Orders - Child Arrangement Orders

Amy Foweather
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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...

The Remarriage Trap

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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...

What are the grounds for divorce?

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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...

How long does a divorce take?

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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...

How do I budget after divorce?

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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...

More divorce 'urban myths' busted

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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...

Think about changing or making a Will during divorce

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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. ...

What is a separation agreement?

Amy Foweather
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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....

What is the difference between Decree Nisi and Decree Absolute?

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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....

How is child maintenance calculated?

Emma Walker
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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,...

Do I have to pay maintenance to my ex?

Emma Walker
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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...

What is maintenance?

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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...

Do I need a 'Clean Break' Order?

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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...

How do I change my name after divorce

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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...

Can I adopt my stepchild?

Amy Foweather
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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...

How do I end my civil partnership?

Amy Foweather
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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...

What is the court process to get divorced?

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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....

Pre- and post-nuptials and the Bank of Mum and Dad

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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...

What is judicial separation

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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...

Can you still live together during a divorce?

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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...

Do I need permission to take my child abroad?

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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...

The right way to change a Child Arrangement Order

Amy Foweather
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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...

Brexit and Family Law

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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...

New Family Law Partner for Harrowells

Amy Foweather
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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...

When can you annul a marriage?

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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...

Adopting the right negotiating style for your situation

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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...

Christmas: Taking the pressure off already strained relationships

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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...

Fathers' rights in light of the convicted Rotherham rapist story

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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...

Divorce 'Urban Myths' Busted

Emma Walker
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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...

Choice of school

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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,...

Googling divorce questions

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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...

What is Parental Alienation?

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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...

Legal 500 recognition

Peter Mills
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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...

What happens to my pet on divorce

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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...

Broken engagements - your rights

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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...

Pension splitting on divorce

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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...

Divorce and severing joint tenancy

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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...

Why was Mrs Owens denied the right to divorce?

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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...

Acquiring legal parental responsibility

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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...

Bank of Mum and Dad 'feels the pinch'

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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...

Summer holiday arrangements

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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...

The Split: the drama vs the reality

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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...

Does all property have to be divided up when divorcing?

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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...

What happens to pensions on divorce?

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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,...

Real Life Dramas

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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...

The Grandparent Trap

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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...

5 reasons to consider mediation when facing relationship breakdown

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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...

Can I get divorced online?

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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...

The Importance of Contact Centres

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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....

I'm a celebrity divorcee, get me out of here!

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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...

How can you divorce quickly without creating acrimony?

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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...

"Divorce Day"

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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...

Practical information for those at risk of domestic abuse

Emma Walker
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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...

End the blame game - time for reform of divorce law?

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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...

Guide to the first meeting with your divorce lawyer

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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...

No such thing as a common law spouse

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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...

Divorce myths explained

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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...