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The short answer to this question is yes. While there is no absolute legal obligation to deal with the financial aspects of the divorce if you don’t do so there is a real risk that that decision could come back to haunt you at a later date. ...
Divorced and separated couples will often find difficulty in reaching agreement about the care arrangements for their children after divorce/separation. In these scenarios, many parents will apply to the court for what is known as a child arrangements order....
In numerous married households, it's quite common to find the family home owned in the sole name of one spouse. This can be either the husband or the wife. While this arrangement may work smoothly during happy times, it can become a cause for concern in...
You are able to issue a Divorce Petition for dissolution of your marriage provided you have been married for at least 12 months. You will need your marriage certificate and also your spouse’s contact details. The court fee is currently...
The court during financial proceedings have the power to order maintenance which is also known as ” Periodical payments ” or “ spousal maintenance ”) based upon “needs” in the event of divorce or civil...
‘FHDRA’ stands for First Hearing and Dispute Resolution Appointment. For many people having to undergo one of these hearings, it can be an intimidating experience and not one that’s often made by choice. Despite having studied law for four...
In order to start divorce proceedings, the court requires the parties to have been married for at least a year. There are exceptional circumstances where marriages can be deemed either void or voidable but these are likely to be extremely rare. If needed,...
There is no one-size-fits-all solution to how children should spend time with each parent following a divorce. What is appropriate for one family, may not work for another family. For example, if there are different shift patterns between the...
Under Section 8 of the Children’s Act 1989, there are three different types of orders that a Court can make in relation to children: A child arrangements order A prohibited steps order A specific issue order If there is a significant risk of a...
For many people, pets become a key part of their family. As such, what should happen to pets when couples separate can become very contentious. The Law The family court itself has no duty to consider the welfare of a pet during the division of assets....
When couples whose children are privately educated separate, an issue may arise as to who should continue to pay the school fees. Such fees would not be included within child maintenance payments and so not dealt with by the Child Maintenance Service....
With children returning to school at the beginning of September, separated parents may need to consider what term time arrangements are put in place for their child/children. If arrangements have already been put in place for the last academic year,...
A final order is the final order which ends a marriage. It comes in the form of a certificate and confirms that the marriage between you and your spouse has ended. This application can be applied for 43 days (six weeks and one day) after the initial...
Although, a child can express their views regarding who they would like to stay with the courts will not necessarily always take this into consideration. The most important factor that will affect whether the courts will listen to the child’s wishes...
A MIAM stands for Mediation Information and Assessment Meeting. This is the first meeting that is held for two parties to work through their differences with a third-party present rather than going to court. Although both parties can attend a MIAM jointly,...
The Civil Partnership Act 2004 (CPA 2004) came into force on 5 th December 2005. However, in 2018 a Supreme Court ruling enabled this act to be amended and because of these the civil partnership regulations 2019 enabled opposite sex couples to form a civil...
If a non-molestation order has been made against you and you wish the order to be challenged. Yes, an application can be made to challenge the order and potentially get it discharged. However, this may not be ideal depending on the circumstance of the case. ...
A cash equivalent value or “CEV” is something that your solicitor will ask you to obtain during financial settlement proceedings . Your pension provider will value the pension as a final figure. This may be different though to the...
You should have permission of everyone with parental responsibility for a child (or permission from the Court) before taking a child abroad. If a person with parental responsibility refuses to give consent an application to Court would be needed for a...
Teachers and NHS staff going through divorce may face delays to their financial settlements whilst public sector pensions are recalculated. The Treasury announced in March that there was a delay to their recalculation of “cash equivalent values”...
