Family Law

Divorce for over 60s - is there anything in particular to consider?

Separation and divorce can be difficult at any age. The process itself is of course the same at whatever age the parties divorce. However, there may be additional or different points to consider if divorcing close to retirement age or older. Examples of...

How do I make a financial claim on behalf of my children?

If you are a parent or have a Child Arrangements Order confirming that the child lives with you, you may be able to claim against the other parent in respect of the financial requirements or needs of the child living with you. Under Schedule 1 of the...

Applying to vary an existing Child Arrangements Order

The Court will only vary an existing Child Arrangements Order if it is in the child’s best interest to do so.  The Court apply the “welfare checklist” which takes into account the following factors: The ascertainable wishes...

Claims for spousal maintenance if you have a disability

When assessing if and how much maintenance a party should receive, the court will consider the factors listed within s.25 of the Matrimonial Causes act 1973 (also known as the “section 25 Factors”). Disability, whether it be physical or mental,...

Return Of Jewellery Following Divorce

In some cultures, it is common for members of the bride’s family to gift jewellery to the husband at the wedding, and members of the husband’s family to gift jewellery to the bride. If the parties subsequently separate, the parties may want the...

Alcohol testing in Children Act Proceedings

The Court only need to become involved in deciding the arrangements for children if parents cannot agree the arrangements between themselves. One parent might be concerned about the children spending unsupervised time with the other parent, as a...

What is a Prohibited Steps Order and when is it used?

A Prohibited Steps Order is an order granted by the court which prevents a parent from doing something with a child or children.  It allows the court to apply a restriction upon a mother or father’s parental responsibility. For example, a...

Is No-Fault Divorce coming soon? The Progress of Divorce, Dissolution and Separation Bill

The Divorce, Dissolution and Separation Bill received royal assent on 25 June 2020 and became law.  It amends the current Matrimonial Causes Act 1973 and Civil Partnerships Act 2004 to remove the requirement for couples to blame each other for the end...

Do I have to get a solicitor for a divorce?

There is no requirement to instruct a solicitor or lawyer to deal with your divorce . However a solicitor acting for your spouse cannot provide you with legal advice. A solicitor instructed by your spouse will act only in accordance with your...

How long do I have to wait to apply for my Decree Absolute?

If you are the Petitioner in Divorce Proceedings (the person who applied for the divorce) you cannot apply for Decree Absolute until 6 weeks and 1 day have passed from the date of your Decree Nisi. In exceptional circumstances an application may be made...

What happens if there is a mistake within a court order?

It is not unknown that occasionally there can be a mistakes within court orders that have been approved by the court. One party might then be left thinking they are bound by the terms of the court order which are incorrect. This came to light recently in a...

Can the court order a DNA test for a child if the Dad doesn't think that he is the father?

If the court takes the view that the Child Arrangements Order cannot be made without it the court can ask Cafcass (the body that provides advice to the court regarding the best interests of children involved in family court proceedings) to arrange for a DNA...

What does giving an undertaking to the court mean?

An undertaking is a legally binding promise to the court. The promise can be either to complete an action or to prevent an action taking place. For example, in financial remedy proceedings, you may give an undertaking to pay the mortgage payments on the...

What is the legal test for breaching a Child Arrangements Order?

Separated parents may have a Child Arrangements Order in place detailing how their children are to spend time with them. It is common for an order to state the child lives with one parent and spends time with another; and there may be details within...

State Pension Valuation and Divorce - Financial Consequences of Marriage Breakdown

When you are in the process of divorce proceedings and making attempts to resolve the division of financial assets, your lawyer will advise you (or the court may order you to) engage in the process of financial disclosure. Part of the disclosure process...

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...
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