Family Law

Posted 15th September, 2016 under Family Law by

When applying for a UK divorce, the applicant must give one of five pre-specified reasons for the divorce. Referred to by the court as ‘facts’, these are given by the person starting divorce proceedings, who is known as the petitioner, when filling out what is known as a divorce petition form. These facts are adultery, unreasonable… Read more »

Posted 19th February, 2016 under Family Law by

The Court of Appeal has declared the evidential requirements for legal aid in domestic violence victims unlawful in a landmark decision today (18th February).  Lord Justice Longmore made the judgement in R (Rights for Women) v The Lord Chancellor and Secretary of State for Justice [2016] EWCA Civ 91. The legal challenge was brought forward… Read more »

Posted 03rd February, 2016 under Family Law by

A new survey completed on behalf of family law organisation, Resolution, reveals that 8 out of 10 children and young people would prefer unhappy parents to divorce rather than stay together for their sake. The poll, completed late last year, asked 514 youngsters aged 14-22 about their experiences of parental separation, from the amount they… Read more »

Posted 22nd January, 2016 under Family Law by

Family law organisation, Resolution, has urged MP’s to reconsider a steep rise in family court fees after raising concerns it will put couples at risk of staying in unhappy or abusive relationships. The Ministry of Justice announced plans to increase the fees from £410 to £550 in July last year, after its previous proposal of… Read more »

Posted 10th December, 2015 under Family Law by

All divorces in England and Wales proceed on the basis the marriage has irretrievably broken down. At present couples have to prove one of five facts. These are adultery, unreasonable behaviour, two years separation with consent, desertion or five years separation without consent.  The vast majority of the time parties have not been apart long… Read more »

Posted 18th November, 2015 under Family Law by

The Cohabitation Rights Bill aims to fill a gap in the law giving couples rights that, until recently, were only associated with marriage. Many long term cohabiting couples have moved in together under the misconception that if their relationship were to break down, they would receive similar treatment to that of married couples, when in… Read more »

Posted 18th November, 2015 under Family Law by

On divorce, the aim is usually to obtain a ‘clean break’ in the financial settlement which means that the parties are totally independent of each other.  However sometimes this is not possible.  If this is the situation what is taken into account? The first issue to consider is why spousal maintenance liability should arise in… Read more »

Posted 20th July, 2015 under Family Law by

Increasingly we are being asked to prepare pre-nuptial agreements setting out how assets would be divided in the event of divorce. Whilst this is hardly romantic, it is becoming increasingly popular, often at the insistence of wealthy parents who want to safeguard the family assets in the event of a marriage breaking down. Pre-nups are… Read more »

Posted 05th June, 2015 under Family Law by

Child’s refusal cannot be a justification for parental failure, says President Sir James Munby, the President of the Family Division, heard an appeal in a case in which the father had not had direct contact with his two daughters, now 16 and 14, since 2008. He reminded parents of their obligations to encourage contact. In… Read more »

Posted 20th March, 2015 under Family Law by

To marry or enter into a *civil partnership in England and Wales both parties must be i. be aged 16 over; ii. be free to marry or enter into a *civil partnership (single/divorced or widowed) *only same sex couples can form a civil partnership iii. not be within prohibited degrees of relationship (not closely related);… Read more »

Posted 03rd March, 2015 under Family Law by

A lawyer group has issued a set of strong criticisms of family law and those in government who have repeatedly ignored calls for reform. Resolution, a family law specialist group consisting of lawyers and professionals in family dispute resolution, have issued a manifesto of problems and proposed changes to whichever government is created after this… Read more »

Posted 27th January, 2015 under Family Law by

The government has dropped a proposal that would have raised the fee for applying for divorce from £410 to £750. The move comes in response to the strong criticisms the proposal received during consultation. The Ministry of Justice also acknowledged that the estimated cost of divorce proceedings is £270, already less than the current fee… Read more »