Family Law

Does being in a new relationship impact my divorce settlement? Family Law

If you are in a cohabiting relationship with another person, you will need to disclose the assets and income of the cohabitee within the financial disclosure process. The Form E has a question relating to new partners and failure to answer the question will...

What happens if I cannot attend a Court hearing? Family Law

If you cannot attend a family law court hearing, the Court could make orders in your absence. You may also have it pay the other parties wasted legal costs for the ineffective hearing.  This could be avoided by an application to adjourn the hearing...

What is a Pre-Nuptial Agreement?

Although something that many of us do not want to think about at the time, it is very important to protect assets when getting married, especially where a business interest is concerned. A Pre-Nuptial agreement is a contract entered into before marriage...

Should I make a Cohabitation Agreement?

Over recent years there has been a drastic rise in people cohabiting without getting married.  Many believe that cohabitants are afforded the same legal rights on separation as married couples getting a divorce .  Unfortunately this is not the...

Who has Parental Responsibility?

Parental Responsibility means having all the rights, duties, powers, responsibilities and authorities which, by law, a parent of a child has in relation to the child and their property.  Certain important decisions in a child’s life require...

Divorcing somebody with a Narcissist personality

At George Green solicitors, our expert family team are very aware of the signs of narcissistic personality disorder in terms of divorce, finances and children matters .  Having the right solicitor to guide you through a divorce from a narcissist is...

How do you apply for a Non-Molestation order?

A non-molestation order is used to protect victims of domestic violence .  The order prevents an abuser from ‘molesting’ the victim.  This extends to protecting from physical violence, messaging, stalking and harassment.  If this...

Can I change the ownership of my property if we are separating?

When you own a property with someone, you can own it as joint tenants or tenants in common. If you own your property as joint tenants, you both have equal rights to the whole property and the other owner will automatically inherit the property regardless of...

Organising child arrangements following separation

If you and your partner separate, one of the many issues to discuss is how a child’s time will be divided between the two households.  It is presumed to be in a child’s best interest to have a meaningful relationship with both parents...

How long does getting a divorce take? Matrimonial Blog

The process of getting divorced begins by one person submitting a divorce petition . This can be done online.   The Court will then process the application and assign it with a case number. This can take 1 to 2 weeks on average however will be...

Do I need a consent order to confirm our financial agreement? Divorce and Finances

You might have obtained your Decree Absolute and believe that your divorce is now concluded.  However whilst the Decree Absolute might formally end your marriage, it does not dismiss the financial claims that you and your ex-spouse have against one...

I don't agree with the examples of unreasonable behaviour that my spouse has included in their divorce petition. What can I do?

It is good practice for a draft copy of the divorce petition to be sent to the Respondent before the Petitioner sends the same to the Court. This allows the Respondent opportunity to request any amendments if they feel strongly about anything included within...

Can you delay a Decree Absolute?

A Decree Absolute formally and legally ends a marriage entirely.  Under certain circumstances, the petitioner of the divorce may wish to delay the granting of Decree Absolute. The Court will be required to consider all the circumstances of both...

I've received an issued Divorce Petition from the Court. What can I do if I don't want to get divorced?

In order to obtain a Decree Nisi, the Petitioner in the divorce (the party that sends the divorce papers to the court) has to prove to the court that the Respondent (the other party to the marriage) has received the issued Petition.  The Petitioner...

Our jointly owned property has been sold, can we immediately divide the sale proceeds between us?

Upon separation, a married couple may place their property on the market for sale and may have reached an agreement as to how the sale proceeds should be divided between them. Divorcing couples are always advised to have the agreement they have reached in...

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 other parents’ consent, if the other parent holds parental responsibility. Important decisions such as a child’s education, medical decisions and religion require the...

We want to get divorced, but neither of us want to leave the family home. Can we start the divorce whilst still living together?

The short answer to this question is yes. It is possible to get divorced whilst still living under the same roof as long as you are genuinely living separate lives. You would be expected to have separate bedrooms, eat separately, socialise...

My spouse has cheated on me. Should I divorce them relying upon their adultery?

As the law stands currently, in order to get divorced before 2 years have elapsed since you and your spouse separated, you have to rely upon a fault based fact to evidence the irretrievable breakdown of your marriage to the court. This essentially means...

What is a Scott Schedule in Family Law proceedings?

Where the court is being asked to consider a finding of fact, the court will direct that a Scott Schedule is prepared in advance. The purpose of the schedule is to summarise and list allegations that need to be decided upon by the court.    ...

What is a Fact Finding Hearing?

A fact finding hearing is a hearing whereby a judge considers a contested factual dispute, usually relevant to the welfare of children or any allegation of domestic abuse .  When an allegation is made and the other party disputes it, the Court will...
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