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A parent cannot unilaterally change their child’s school without the consent of anyone else who holds Parental Responsibility (usually the child’s other parent). Any such unilateral change is not only damaging for the child, but disregards the...
It can be very difficult for some separated parents to reach an agreement as to the arrangements for their children’s care. As such, they may be required to apply to the Court for a Child Arrangements Order which would confirm who the children are to...
At George Green our Family Solicitors always advise clients to consider reaching a financial settlement with their spouse upon separation. A financial settlement can help to avoid any outstanding financial claims in the future even after your divorce has...
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...
Often the party applying for the Divorce wishes for their divorce to be complete as soon as possible. However there are a number of reasons that a person would be well-advised to consider delaying their Decree Absolute application, as the timing of...
The extent to which a future inheritance may be taken into account will depend on the wider context of each individual case. That said, in general, the Court are often reluctant to consider a future inheritance when deciding how a divorcing couple’s...
A court might order a spouse in Financial Remedy Proceedings to pay a lump sum to the other spouse by instalments. This might happen in circumstances when the lump sum is an extremely high amount and it would not be possible for it to be paid in one go,...
As England enters its second lockdown, being required to spend additional time at home may be placing an increasing pressure on some couples and families. Add to that possible financial strains, employment worries and differing approaches to the virus’...
If you or your spouse have been declared bankrupt, one of the main effects of this is that the assets of the bankrupt party will vest in the trustee in bankruptcy automatically on their appointment. This means that the assets or property which are vested in...
A cohabitation agreement is a formal document signed by both parties entering into a cohabiting relationship. The purpose is to agree in advance what would happen in the event of a separation and to prevent disputes further down the line. Unlike...
A Non-Molestation order is a type of injunction that the Family Courts can grant to prevent one person from harassing or pestering another. There is a wide range of acts that the injunction can prohibit, they commonly include: · A prohibition...
A Prohibited Steps Order is an order granted by the Court preventing a parent from doing certain activities or events or making specific trips with their child/children. The order will either specify the exact duration of the Prohibited Steps Order or it...
Coercive control is a form of domestic abuse which is not necessarily physical. It is a type of controlling behaviour which is a regular pattern, making the victim feel isolated and deprived of their independence and confidence. It often makes victims feel...
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 would...
A non-molestation order is not the same as a criminal conviction. The standard of proof is not as high as in criminal proceedings and it can be put in place by consent without any findings being made against the individual involved at all. It...
This can, in fact, make a big difference as when cohabitation passes seamlessly into marriage the years of prior cohabitation are generally added to the length of the marriage. If a couple lived together for 10 years before marriage and then divorced 2...
The short answer to this question is no. Your solicitor cannot however legally advise your spouse and will regularly remind your spouse in correspondence of their right to receive their own independent legal advice. When you and your spouse have...
What happens to pets on divorce can be a very contentious issue. As far as the law is concerned they are treated in the same manner as the furniture in the family home i.e. they go under the umbrella of chattels. In some cases, sadly, pets are...
It is very unfortunate that under the law of England and Wales as is currently stands you have to allege fault in order to obtain a divorce unless you are prepared to wait for 2 years and have the consent of your spouse. This means that for the...
The starting point when considering finances on divorce is an equal division of capital and marital assets. However, there are a number of reasons which can displace this starting point. These are known as the ‘section 25 factors’ found in...
