Family Law

How do the court divide finances following a divorce?

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...

Is a marriage abroad legally valid in the UK?

When a marriage has taken place abroad, it will be recognised as valid in the United Kingdom if the marriage complied with all the matrimonial laws of the foreign country. This principle is called “Lex Loci Celebrationis” and it means “the...

Will my pension be affected by divorce?

Over the past 20 years, pensions have become an increasingly important part of financial settlement in divorce proceedings . Pensions are most likely to be considered relevant if the marriage has been long and the majority of the pension has accrued...

Does it matter who starts the divorce process?

The person who begins the divorce process is called the 'petitioner'. The person who is responding to the divorce is called the 'respondent'. A petitioner will usually incur greater costs during the initial stages of the process due to...

What is a Child Arrangements Order?

The Court can make a Child Arrangements Order if parents are unable to agree between themselves what the arrangements for a child should be. The Order can cover a variety of factors, including: Which parent the child will live with How much time...

My spouse is refusing to respond, can I still get a divorce?

For a respondent in divorce , the only form that needs to be completed is the acknowledgement of service. This is the formal acknowledgement to the court that the petition has been received. It also gives the respondent the opportunity to defend...

What does the court consider when deciding how to divide assets in divorce proceedings?

In financial remedy proceedings , if the parties cannot agree between themselves what to do with the matrimonial assets then they will eventually come before a judge who will decide for them at a final hearing. It is a common misconception that the person...

What does it mean if I give an undertaking to the court?

An undertaking is a legal promise to the court. This can be either to complete an action or to prevent an action taking place. For example giving an undertaking to pay the mortgage payments monthly on the family home. Alternatively the undertaking could be...

What is a pension cash equivalent value?

A cash equivalent value may be something your family solicitor asks you to obtain. A cash equivalent value may be different to the value of your pension fund because it will also include charges payable for transferring your pension. Depending on the type...

Chasing pavements or chasing money?

It was recently announced that famous singer Adele and her husband Simon Konecki have split and intend to divorce after marrying in 2016. Their assets are rumoured to be worth around £140 million, with just £800,000 being attributed to Simon. ...

Enforcing a Maintenance Order

If you have a Maintenance Order granted by the Court and your spouse is refusing to pay, the Court can order the following remedies to secure your payment:   1. An attachment of earnings order. The court can order that the maintenance...

Urgent Court Order to prevent a child being removed from the UK

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 A ‘ prohibited steps order...

How do I gain Parental Responsibility?

Parental Responsibility (PR) is defined as “all the rights, duties, powers and responsibilities and authority which by law a parent of a child has in relation to the child and his property” (Children’s Act 1989, s3(2)). In reality, PR...

Divorce Law Update: "No Fault" Divorce

Solicitors have been campaigning for a change in divorce law to end the need for one party to blame another for the breakdown of the relationship. The current procedure for a divorce under the Matrimonial Causes Act 1973 has been criticised for requiring...

Divorce process is no different for the royal or the famous

In the case of HRH Tessy Princess of Luxembourg v HRH Louis Prince of Luxembourg, the Prince had his budget analysed and the Princess’ reasonable earning capacity was assessed. The judge in this case applied the same legal principles for calculation...

What is Parental Alienation?

Parental Alienation is recognised as being a situation whereby a child becomes unjustifiably resistant or hostile towards one parent. This is a result of psychological manipulation by the other parent. Alienating behaviour can present itself on a spectrum...

A Step Forward in Equality

A bill recently passed has extended the law in relation to  civil partnerships . It will soon be the case that opposite sex couples will be able to enter into civil partnerships , meaning they will obtain financial benefits without being married. ...

How do I start 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...

Why make a Prenuptial Agreement?

When a couple marries, they unsurprisingly do not wish to contemplate the idea of separation and naturally believe that they will remain married for life. However, in reality marriage breakdowns and divorce are common place in today’s society. ...

No fault divorce is coming

Justice Secretary David Gauke has confirmed that legislation will be enacted in the next session of parliament to allow for a no-fault divorce. This means that separating couples will no longer need to allocate blame in the petition or wait for years to...
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