Family Law

Who pays the costs of Private Children Proceedings in court?

The starting point is always that each party will pay their own legal costs in private children proceedings , regardless of the outcome of the case. The case of Re T (a child) (2005) confirms that it will be exceptional for the court to make a costs...

Protection from Domestic Abuse: Can I obtain an injunction?

Non-molestation orders are a common type of injunction that can protect victims of domestic abuse. The order prohibits a person (the respondent) from molesting another person, i.e the applicant or their child. The types of behaviour that can be prohibited...

Children Law: Can a parent be restricted from making further Court Applications?

When the court is considering an application for a Child Arrangement Order , the court has the power to order that no further applications can be made in respect of the children without the express permission of the court. These orders are often called...

Grandparents: Court Applications for Contact with Grandchildren

Grandparents play an important role in the lives of their grandchildren. A grandparent may want to make a court application for contact with a grandchild in the event that contact breaks down.  Typically, grandparents do not have automatic...

My ex has been abusive and I am worried about becoming homeless. What can I do?

If you have suffered domestic violence and you are worried about having a safe place to live, we can apply to the court for an Occupation Order to regulate the occupation of the family home. The court has the power to order the respondent to leave the...

My income has dropped now that I have separated

If your income has reduced following your separation from your partner, and your partner still enjoys a high income disproportionate to their needs, you can apply to the court for a ‘Maintenance Pending Suit’ application. The court has the power...

What is a clean break?

The object of a clean break is to settle once and for all the parties’ financial responsibilities towards each other and to end their financial interdependence, enabling them to leave their past behind and begin anew.  The court has a duty to...

Can the court order my partner to pay the costs of the divorce petition?

When a divorce petition is issued, it is possible to include a request for the court to order the Respondent to pay the costs of the petition. This can include an order to pay the Petitioner’s legal fees, as well as the court fees for the...

Can my partner and I decide how to split our assets following a divorce?

It is possible for partners to agree amicably how their assets and finances should be split following a divorce . However, for the agreement to be binding, it must be sent to the court and approved in a consent order. Typically, neither party needs to...

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...
  • Page 1 of 5