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An 83 year old businessman has been sentenced to 14 months in prison after failing to comply with a Court order regarding the financial settlement arising from the breakdown of his marriage. In 2015, the Court ordered that his wife be awarded £3.5m of...
The term ‘Parental Responsibility’ refers to the rights, responsibilities, duties and authorities that a parent (or, in some circumstances, a third party) can have in relation to a child. By way of example, anyone with parental responsibility ...
New research has shown that financial difficulties is one of the most cited reasons behind the breakdown of a marriage. In fact, the same research suggests that over 1 in 10 married couples may divorce in 2018 due to concerns regarding money. ...
Research published by the Children and Family Court Advisory and Support Service (Cafcass) has shown that 30% of the c40,000 private law application in 2016/2017 had been to court before. Most of them returned within 2 years and almost 1/3 rd...
If there is no court order in place in respect of the arrangements for your child, then if the other parent has parental responsibility (you were married or they are named on the child’s birth certificate) then you would need their permission. ...
The Children and Family Court Advisory and Support Service (Cafcass) has recently highlighted the phenomenon of parental alienation which takes place when one parent deliberately turns a child or children against the other parent with a view to excluding...
The number of cohabiting couples (i.e. unmarried couples living together) has increased significantly over recent years. Despite this increase, there remains an urban myth that couples who live together have similar rights to those who are married under what...
An engaged couple may consider preparing a pre-nuptial agreement documenting what should happen to their assets in the event that their marriage comes to an end. Such an agreement may be contemplated, in particular, in the following circumstances; ...
If you and your spouse can agree the arrangements for your children when you get divorced , then no one else needs to get involved. The court does not need to sanction your agreement because you are expected, as parents, to act in the best...
If you are considering starting divorce proceedings, you may have concerns in relation to the cost of the process and how these costs will be met. In order to send a Divorce Petition to the Court , there is a Court fee of £550. This is a standard fee...
For some married couples, the family home is owned in the sole name of either the husband or the wife. If the couple were to separate, the spouse not named as a legal owner of the property may feel vulnerable and may be concerned about what their husband or...
Business assets are taken into account when making decisions about the financial aspects of the divorce . They are not however treated in the same way as the more obviously matrimonial assets such as the family home. Account is normally taken for the...
There is a distinction here between internal relocation (within the UK) and external relocation (outside of the UK). Internal relocation If there is a Child Arrangements Order in place and your child lives with you, you do not need permission to...
A married couple’s home is often central to family life and, in most cases, will be their main asset. When couples decide to divorce the question of what should happen to that home will often be a key decision to be made and in some cases can be a...
When assessing if and how much maintenance a party should receive, the court will consider s.25 of the Matrimonial Causes act 1973 (also known as the “section 25 Factors”). Disability, whether it be physical or mental, can be a key factor in...
Senior Judicial figures have condemned 50-year-old divorce laws as no longer fit for purpose. Leading Judges have highlighted how the current laws, which require divorcing couples to place fault or blame on the other party in order to end their marriage...
The court have the power to order maintenance (also known as ” Periodical payments ” or “ spousal maintenance ”) based upon “needs” in the event of divorce or civil partnership dissolution . The amount and duration of...
A recent survey has revealed that 7 in 10 separating couples do not consider their pensions during divorce proceedings; this is despite the average household pension pot having a value of over £130,000. Separating couples have financial claims...
Clients starting divorce proceedings are often concerned about the family home and what will happen to this upon separation. Often the family home (also known as the former matrimonial home or ’FMH’) will be the divorcing couple’s main...
Theresa May, Home Secretary, has today confirmed radical, new proposals to criminalise new offences of “domestic abuse”. Men who demonstrate a pattern of psychological harm, demonstrate “controlling behaviour” or, for example,...
