Family Law
When you divorce your spouse, you will have claims in respect of one another’s income, capital and pensions. The court will consider each category in isolation and will strive to reach a fair division of the assets between the two parties. To...
No, you cannot vaccinate your child without permission from all persons who hold parental responsibility providing their consent. This is because the decision whether or not to vaccinate a child is a medical decision, which should always be made jointly...
The Court will strive to divide assets between separating spouses fairly and will take into account a list of relevant factors, including: the age of each party, their earning capacities and future earning capacities / income resources, the financial needs...
An FDR hearing is usually the second Court hearing during Financial Remedy Proceedings. It typically takes place some months after the First Directions Appointment (FDA) hearing. At the FDR Hearing, both parties are given the...
The family team at George Green Solicitors, notably Mark Vandaele and Aimee Stokes , have recently had success at appealing a high-net-worth financial order at the Royal Courts of Justice. The road to a successful appeal is a long one, however...
The case of Raza v Gall [2023] led to a mother being imprisoned for 28 days after she was found to be in contempt of court for continually not complying with court orders. The proceedings arise due to the Father putting in an application for a Child...
This matter was recently considered by the High Courts in the case of Mahtani v Mahtani [2023] EWHC 2988 (FAM). In this case, the Wife and Husband were married in London on 06 February 2003. They later went through a subsequent Hindu wedding celebration in...
When the parties to a divorce exchange financial information through statements known as Forms E there is a question that asks for an overview of the financial position of new partners if you are living together or intend to. You are asked to provide...
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,...
