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Family Law

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Wife's claim for half of husband's $540 million shares unsuccessful

The Family Court have departed from the sharing principle in a recent case involving an extremely wealthy husband and wife. The wife came from a wealthy family and the husband was the Chief Executive of a successful company. During the course of the...

Stuck in an unhappy marriage

The Supreme Court ruled last week in the unhappy case of Mr and Mrs Owen. They were married in 1978 and have two adult children however Mrs Owens states she had been unhappy in the marriage since 2012. She finally decided to leave in 2015 and began divorce...

What is a cohabitation agreement?

Generally such an agreement would confirm who owns what presently, what the financial arrangements should be while you live together e.g. how much you should each contribute to the joint account on an on-going basis and what should happen to the...

Can I take my child on holiday this summer?

With the school holidays fast approaching you are probably thinking about your next family getaway. If you share parental responsibility with any other person, you may be wondering whether you need any permissions...

Do I have to go to court to get a divorce?

The short answer is no, and in fact most divorcing couples do not ever need to attend court. The vast majority of divorces are uncontested and are dealt with by posting documents to the court for them to be considered and the divorce is then granted. ...

What are grandparents' rights to see their grandchildren?

A recent YouGov poll found that over 40% of grandparents aged 50 and above have provided regular childcare for their grandchildren. Children are therefore much closer to their grandparents and the impact of family breakdown or divorce , and the loss of...

I am a stepfather can I get parental responsibility for my stepson or stepdaughter?

Yes. If everyone who has parental responsibility for the child agrees, you can enter into a parental responsibility agreement . The child’s mother will have parental responsibility and the father will have parental responsibility if he was married to...

How can I see my Grandchildren?

In most cases following the breakdown of a relationship between parents, the contact that grandparents have simply forms part of the contact that they have with the parent that belongs to that side of the family.  There are however some very...

What is a Pension Sharing Order on Divorce?

As part of Divorce proceedings the Court will need to look at the parties finances. Pensions are often a major asset which will need to be considered. More often than not at least one party will have a pension which has accrued during the marriage. The...

Can I claim against my Husband's or Wife's Pension on Divorce?

Though there is no straight answer as to whether you can make a claim against your husband or wife’s pension in the event of divorce , we have broken down your options below. Much of it will depend upon the length of the marriage, the amount of...

What is domestic abuse?

There is no one definition of domestic abuse or violence that is universally accepted. Domestic abuse can comprise a wide range of acts or behaviours and can cover a range of domestic relationships . Domestic violence or abuse can include (but is not...

Do Harry and Meghan have a prenup?

Unfortunately unless Harry or Meghan choose to tell the world we will probably never know. Prenuptial agreements are private documents, they are not a matter of public record and are not done through the courts. There is therefore no record of them, other...

Blameless divorce?

Next month the Supreme Court is due to hear the case of a wife currently stuck in a loveless marriage but who has been denied a divorce. Mr and Mrs Owen were married in 1978 and had two children together. Their marriage broke down and they separated in 2015....

What is a non-molestation order?

A non-molestation order is an order preventing a person from molesting another person (or a child). The parties have to be associated in some way. Usually they would be former partners, but certain family members and people who have lived together...

Is it OK to take my spouse's documents if I think they are hiding something?

The short answer to this question is no. You should not access any confidential documents belonging to your spouse or civil partner.  This includes communications regarding their private life and their personal business dealings.  Your solicitor...

83 Year Old Husband Jailed for Breach of Court Order

An 83 year old businessman has been sentenced to 14 months in prison after failing to comply with a Court order regarding the financial settlement arising from the breakdown of his marriage. In 2015, the Court ordered that his wife be awarded £3.5m of...

'For Richer, For Poorer'- Money Worries & Marriage

New research has shown that financial difficulties is one of the most cited reasons behind the breakdown of a marriage. In fact, the same research suggests that over 1 in 10 married couples may divorce in 2018 due to concerns regarding money.   ...

When is a final order final in children matters?

Research published by the Children and Family Court Advisory and Support Service (Cafcass) has shown that 30% of the c40,000 private law application in 2016/2017 had been to court before.  Most of them returned within 2 years and almost 1/3 rd...

Can I take my child abroad?

If there is no court order in place in respect of the arrangements for your child, then if the other parent has parental responsibility (you were married or they are named on the child’s birth certificate) then you would need their permission.  ...

Parental Alienation - Cafcass announce a new approach

The Children and Family Court Advisory and Support Service (Cafcass) has recently highlighted the phenomenon of parental alienation which takes place when one parent deliberately turns a child or children against the other parent with a view to excluding...
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