Family Law

How long do I have to file for divorce if I have discovered adultery?

There are currently five ‘facts’ that can be used as evidence to show that a relationship has irretrievably broken down in order to begin divorce proceedings in the UK.  If you wish to rely on the fact of adultery, you have 6 months from...

Divorce proceedings: At what stage is my divorce complete?

There are many stages to the divorce process, and you are officially divorced from your spouse only when the court has granted your Decree Absolute.  The entire process can take between 6 to 12 months, however this can vary from case to case.  The...

What is the difference between Decree Nisi and Decree Absolute?

A Decree Nisi is an order from the Court confirming that the Petitioner is entitled to a divorce . It confirms that the marriage has broken down irretrievably and that the reason for the divorce has been accepted. It does not complete the divorce and the...

No-fault divorce to start in autumn 2021

A bill to introduce no-fault divorces in England and Wales has been debated in Parliament this week and has now received backing from MPs. The Divorce, Dissolution and Separation Bill has now reached the finishing line of its parliamentary journey and time...

Am I entitled to any benefits if I separate from my spouse?

Divorcing or separating couples can often have a number of concerns regarding their finances and how they will manage to meet their own outgoings once they separate and no longer have financial support from their former partner. One party in particular...

Do I need to wait 6 weeks to apply for my Decree Absolute?

As the law stands, a Petitioner in Divorce Proceedings cannot apply for their Decree Absolute until 6 weeks and 1 day have passed from the granting of their Decree Nisi. Whilst it is possible for an application to be made to expedite a divorce and to...

Can I get divorced during the Coronavirus pandemic?

The current lockdown restrictions are hard for everyone, but for those contemplating separation or divorce , this is likely to be an incredibly difficult situation. Many of those may have been on the verge of issuing divorce proceedings and are now unsure...

Myths about Parental Responsibility: what am I allowed to do?

Myths about Parental Responsibility:  what am I allowed to 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...

Domestic Abuse: Do I have to flee my home, or can the court force my partner to leave instead?

With the outbreak of coronavirus, the government advice is for much of the country to stay at home as much as possible. There are exceptions to this rule, one of which is that victims of domestic abuse can leave the home to seek refuge.  Therefore,...

Common Myths surrounding Cohabitation and Relationship Breakdown

There are several common misconceptions surrounding the rights of unmarried couples , who may cohabit for a considerable length of time and who make the choice to remain unmarried.  In this blog, our expert family lawyers explain some of the common...

I don't want to get divorced. Can I just ignore the court papers?

In order to obtain the Decree Nisi the Petitioner (the person 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 them.  The Petitioner usually proves this using the...

Does breast feeding prevent overnight contact with the father of the child?

When the court makes a decision with regard to child arrangements its paramount consideration is always the welfare of the child involved.  The benefits of breast feeding are well known and it would be one of a large number of factors taken into...

Family law and Divorce - What is financial disclosure?

After you have decided to divorce your spouse or dissolve your civil partnership , you will have to reach an agreement with them regarding the way your finances are divided. If you do not do this, each party will still have live financial claims against...

Meet our family team! Head of Department - Mark Vandaele

  Mark is the Head of the Family Department at George Green.  He is highly regarded by clients and professionals for his no-nonsense advice.  See below an extract from an interview with Mark: “As a Partner and Head of the Family...

Do I need to attend a MIAM assessment to apply for a Child Arrangements Order by consent?

In usual circumstances, if you are considering making a court application for a child arrangements order in contested circumstances, it is compulsory to first attend a Mediation, Information and Assessment Meeting (MIAM). At the MIAM an authorised family...

Do I need to pay a court fee to issue my Divorce Petition?

To apply for a Divorce in England and Wales a petitioner must pay a fee to the Court. This is currently set at £550 and is payable at the time of issuing the petition. However, a petitioner may be able to receive a reduction to or a full exemption...

Can I still make an application to the Court for a Child Arrangements Order despite Coronavirus and the current lockdown restrictions?

HM Courts and Tribunals Service have issued guidance to confirm they have put arrangements in place to ensure that they can continue to process applications for Child Arrangements Orders during the coronavirus pandemic. This will mean that applications can...

Fears of Domestic Violence spiking during coronavirus lockdown

In the words of Home Secretary Priti Patel, isolation and lockdown is a hard time for everyone, however for some people it is even harder, because home is not the safe haven it should be. The government have confirmed that, whilst the advice across the...

Anticipated inheritance under a Will during Divorce Proceedings

When the Family Court consider the matrimonial pot of assets to be divided during Divorce Proceedings , the Court treat "anticipated inheritance" differently to inherited wealth which has already been received. The main argument behind this...

Progress of Divorce, Dissolution and Separation Bill

The first reading of the Divorce, Dissolution and Separation bill (the “Bill”) took place in the House of Commons on 25 March 2020. The date for the second reading will shortly be scheduled. The Bill has passed through the House of Lords and at...
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