Family Law

What happens at a Finding of Fact hearing?

Where there is a contested factual dispute which is relevant to the welfare of children or domestic abuse, the court may deem it appropriate for a Finding of Fact hearing to take place. This gives the court the opportunity to hear oral evidence of the...

What options are available to resolve a family dispute?

There are numerous issues that arise following the breakdown of a relationship or marriage, including but not limited to divorce proceedings , child arrangements and financial arrangements. There are various options available to help resolve the issues and...

What is a Scott Schedule in Family proceedings?

A Scott Schedule is a schedule or table used in family proceedings when the Court is being asked to make a finding about allegations or facts that are in dispute. The schedule or table will summarise the allegations that are in dispute and will allow the...

How will Family Law change in 2021?

How will Family Law change in 2021? In this blog one of George Green’s Family Law solicitors , Aimee Stokes, predicts how family law might change in the upcoming year.  Family law is a wide area of the law that covers divorce, division of...

What happens at an FHDRA (First Hearing Dispute Resolution Appointment)?

FHDRA stands for First Hearing Dispute Resolution Appointment and is, generally, the first court hearing in Child Act proceedings. At an FHDRA, the Court will look at the issues involved and consider how the matter should be progressed. If the parties are...

Will completion of my divorce end all financial claims that my spouse has against me?

Married couples in England and Wales have financial claims against each other in respect of income, capital and pension. These financial claims do not automatically come to an end once the Decree Absolute has been granted and once the divorce is complete....

What is a Matrimonial Home Rights Notice?

When a spouse or civil partner is not named on the title to the family home they still have rights of occupation of the property.  If your marriage or civil partnership breaks down and the family home is held in the sole name of your spouse or civil...

A non-molestation order has been made against me. Will I lose my job?

The making of a non-molestation order does not have the same impact as a criminal conviction.  The standard of proof is not as high as in criminal proceedings and it can be put in place by agreement without any findings being made against the...

Parental Responsibility - what can and can't I do?

Most parents will exercise their Parental Responsibility day to day without realising. However, when parents separate, it can become at the forefront of their minds. There are many misconceptions about what Parental Responsibility entitles a parent to do;...

Will completion of my divorce end all financial claims that my spouse has against me?

Married couples in England and Wales have financial claims against each other in respect of income, capital and pension. These financial claims do not automatically come to an end once the Decree Absolute has been granted and once the divorce is complete....

Can a parent change a child's school without the other parent's consent?

A parent cannot unilaterally change their child’s school without the consent of anyone else who holds Parental Responsibility (usually the child’s other parent). Any such unilateral change is not only damaging for the child, but disregards the...

What can I do if my former partner breaches a Child Arrangements Order?

It can be very difficult for some separated parents to reach an agreement as to the arrangements for their children’s care. As such, they may be required to apply to the Court for a Child Arrangements Order which would confirm who the children are to...

What are lump sum payments in a divorce settlement?

At George Green our Family Solicitors always advise clients to consider reaching a financial settlement with their spouse upon separation. A financial settlement can help to avoid any outstanding financial claims in the future even after your divorce has...

How do I begin divorce proceedings?

Divorce proceedings can be started by either spouse once they have married for at least 12 months. A divorce petition cannot be issued within the first year of the marriage unless there are exceptional circumstances. To start divorce proceedings, the...

Should I delay applying for my Decree Absolute in divorce?

Often the party applying for the Divorce wishes for their divorce to be complete as soon as possible. However there are a number of reasons that a person would be well-advised to consider delaying their Decree Absolute application, as the timing of...

If I am due to inherit from a family member in the future, will this be considered in my divorce proceedings?

The extent to which a future inheritance may be taken into account will depend on the wider context of each individual case. That said, in general, the Court are often reluctant to consider a future inheritance when deciding how a divorcing couple’s...

Can a lump sum by instalments be varied? What circumstances is that appropriate?

A court might order a spouse in Financial Remedy Proceedings to pay a lump sum to the other spouse by instalments. This might happen in circumstances when the lump sum is an extremely high amount and it would not be possible for it to be paid in one go,...

How might the second lockdown impact my relationship?

As England enters its second lockdown, being required to spend additional time at home may be placing an increasing pressure on some couples and families. Add to that possible financial strains, employment worries and differing approaches to the virus’...

Bankruptcy and Divorce - What impact does Bankruptcy have?

If you or your spouse have been declared bankrupt, one of the main effects of this is that the assets of the bankrupt party will vest in the trustee in bankruptcy automatically on their appointment. This means that the assets or property which are vested in...

What is a cohabitation agreement? Should I make one?

A cohabitation agreement is a formal document signed by both parties entering into a cohabiting relationship.  The purpose is to agree in advance what would happen in the event of a separation and to prevent disputes further down the line. Unlike...
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