Family Law
With children returning to school at the beginning of September, separated parents may need to consider what term time arrangements are put in place for their child/children. If arrangements have already been put in place for the last academic year,...
A decree absolute is the final order which ends a marriage. It comes in the form of a certificate and confirms that the marriage between you and your spouse has ended. This application can be applied for 43 days (six weeks and one day) after the initial...
A final order is the final order which ends a marriage. It comes in the form of a certificate and confirms that the marriage between you and your spouse has ended. This application can be applied for 43 days (six weeks and one day) after the initial...
Although, a child can express their views regarding who they would like to stay with the courts will not necessarily always take this into consideration. The most important factor that will affect whether the courts will listen to the child’s wishes...
A MIAM stands for Mediation Information and Assessment Meeting. This is the first meeting that is held for two parties to work through their differences with a third-party present rather than going to court. Although both parties can attend a MIAM jointly,...
The Civil Partnership Act 2004 (CPA 2004) came into force on 5 th December 2005. However, in 2018 a Supreme Court ruling enabled this act to be amended and because of these the civil partnership regulations 2019 enabled opposite sex couples to form a civil...
If a non-molestation order has been made against you and you wish the order to be challenged. Yes, an application can be made to challenge the order and potentially get it discharged. However, this may not be ideal depending on the circumstance of the case. ...
A cash equivalent value or “CEV” is something that your solicitor will ask you to obtain during financial settlement proceedings . Your pension provider will value the pension as a final figure. This may be different though to the...
You should have permission of everyone with parental responsibility for a child (or permission from the Court) before taking a child abroad. If a person with parental responsibility refuses to give consent an application to Court would be needed for a...
Teachers and NHS staff going through divorce may face delays to their financial settlements whilst public sector pensions are recalculated. The Treasury announced in March that there was a delay to their recalculation of “cash equivalent values”...
Both parents are legally required to provide financial costs for their children. When parents separate, the parent living with the child must receive child maintenance from the other parent for the financial costs of raising their child. The cost of the...
No, a solicitor is not necessarily needed when applying for a divorce . However, having legal representation in some circumstances can be beneficial particularly within cases involving domestic abuse, children and where significant assets from the...
Following the breakdown of a marriage, it is necessary for the matrimonial assets to be distributed between the parties. The legal procedure of distributing the financial assets of divorce can be complicated. It can also be a hostile experience for the...
The Meaning of ‘Mediation’ Mediation is a confidential process which, in family law, is a negotiation between families that is managed by specially trained mediators rather than judges. The mediator leads the process without passing judgement...
The time that it takes for a divorce to be completed will depend on the individual circumstances of each case. Within the process though, there are two key waiting periods. Firstly, once the application for divorce has been issued, the applicant (or joint...
Children due to start school in September 2023 will receive confirmation of their school application outcome on 17 th April 2023 (National Offer Day). All parties who hold parental responsibility for a child should be involved in important decisions such...
The new law which came into force on 27 February 2023 (The Marriage and Civil Partnership (Minimum Age) Act 2002) means that it is no longer legal for 16 and 17 year olds to be allowed to marry or enter a civil partnership, even if they have the consent of...
A final order (previously known as a Decree Absolute) finalises a divorce and confirms that the marriage has ended. To end your marriage you must apply for either: a final order a decree absolute - if the court issued your divorce application before 6...
A conditional order confirms that the court does not see any reason why you cannot divorce. This was previously known as a Decree Nisi. An applicant can apply for a conditional order 20 weeks after their divorce application has been issued. If the judge...
To issue divorce proceedings a court fee of £593 is payable. Each person getting divorce will also have their own legal costs should they instruct a solicitor. The general rule on who pays the legal fees in a divorce is that each party will pay their...
