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One of the sad realities of divorce is that a household that enjoyed a moderate income whilst married, will now need to be divided in order for two households to be supported. This may leave one, or both, parties in a position where they need state...
This blog will briefly look at the measures the court can put in place specifically in relation to Children Act Proceedings where domestic abuse is alleged. If you are involved in Children Act Proceedings (either as the Applicant or the Respondent) both...
The term McKenzie Friend covers a wide range of people who can provide support to Litigants in Person at court. You can apply to be a McKenzie Friend in Family Law Proceedings as well as...
A recent UK Family Law Consumer Research Report carried out by IRN Research revealed that almost two-thirds of couples who divorce or dissolve their civil partnership pay fixed legal fees, rather than being charged on an hourly basis, if they instruct a...
The procedural aspects of terminating a civil partnership are the same as a couple obtaining a divorce, under the Civil Partnership Act 2004. The same ‘ground’ must be proved – that the civil partnership has broken down...
Mediation may be helpful if you and your partner, spouse, or civil partner are separating. You will meet with a specially trained mediator who will help you to negotiate arrangements when your relationship has ended, including about finances...
To legally end your marriage, it is necessary to apply to the court and begin the legal divorce process . However, unless the divorce is defended by the other party, there will be no need for you to attend court. The judge will consider the divorce...
The Decree Absolute is the formal legal document which ends your marriage. If you are the Petitioner you can make your application for Decree Absolute as soon as six weeks and one day after the pronouncement of the Decree Nisi. However, if you apply for ...
Since May 2018, individuals but not solicitors, have been able to issue divorce petitions online, and 40% of divorce petitions are now issued online. However, recent Ministry of Justice data shows that petitions issued online are less likely to result...
Recent figures from the Office for National Statistics reveal that only 50.5% of people in England and Wales were married in 2018; which has decreased from 51% in 2017. On the other hand, cohabiting couples are the fastest growing family type, with an...
The starting point is always that each party will pay their own legal costs in private children proceedings , regardless of the outcome of the case. The case of Re T (a child) (2005) confirms that it will be exceptional for the court to make a costs...
Non-molestation orders are a common type of injunction that can protect victims of domestic abuse. The order prohibits a person (the respondent) from molesting another person, i.e the applicant or their child. The types of behaviour that can be prohibited...
When the court is considering an application for a Child Arrangement Order , the court has the power to order that no further applications can be made in respect of the children without the express permission of the court. These orders are often called...
Grandparents play an important role in the lives of their grandchildren. A grandparent may want to make a court application for contact with a grandchild in the event that contact breaks down. Typically, grandparents do not have automatic...
If you have suffered domestic violence and you are worried about having a safe place to live, we can apply to the court for an Occupation Order to regulate the occupation of the family home. The court has the power to order the respondent to leave the...
If your income has reduced following your separation from your partner, and your partner still enjoys a high income disproportionate to their needs, you can apply to the court for a ‘Maintenance Pending Suit’ application. The court has the power...
The object of a clean break is to settle once and for all the parties’ financial responsibilities towards each other and to end their financial interdependence, enabling them to leave their past behind and begin anew. The court has a duty to...
When a divorce petition is issued, it is possible to include a request for the court to order the Respondent to pay the costs of the petition. This can include an order to pay the Petitioner’s legal fees, as well as the court fees for the...
It is possible for partners to agree amicably how their assets and finances should be split following a divorce . However, for the agreement to be binding, it must be sent to the court and approved in a consent order. Typically, neither party needs to...
There are numerous ways that assets and finances can be divided between parties following a divorce . The court will consider the factors in section 25 of the Matrimonial Causes Act 1973, these factors will assist the court in what type of order should be...
