Family Law

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...

Who are CAFCASS?

CAFCASS, the Children and Family Court Advisory and Support Service, looks after the interests of children involved in family proceedings. It is a service that is independent of the courts and social services, but works under the rules of the Family Court ...

When can I apply for Decree Absolute?

The Petitioner in divorce proceedings can make their application for Decree Absolute after six weeks and one day have passed since the granting of their Decree Nisi. However, the Petitioner may be advised to consider waiting to apply for their Decree...

How can we agree the division of time with our children?

When couples separate a number of key decisions will need to be made particularly where there are children involved. Most importantly, the separating parents will need to decide where the children are going to live and the time that they are going to spend...

Can I make a financial claim in respect 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 a parent in respect of the financial requirements or needs of the child living with you. Under  Schedule 1  of...

What is an Occupation Order?

An Occupation Order regulates or restricts the right of occupation of the family home between family members and is a form of injunction. Orders can either be declaratory or restrictive in nature.   For example, they may declare an...

Child Immunisations: Disagreement

The Family court recently made an Order that a child should receive immunisations despite the father objecting to the same.   The child concerned was a 5 year old girl. Whilst her parents were together she received all vaccinations as recommended by...

Christmas Day Divorce

Official figures have been released this week confirming that a total of 13 couples started online divorce applications on Christmas Day 2018. A total of 455 online applications were submitted during the Christmas and New Year period in total. It is...
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