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Family Law Blog

Remote hearings in the Family Court

John Boon
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The prospect of physically attending Court and appearing before a Judge or Lay Magistrates for parties involved in Family Court proceedings, whether that be for dealing with children disputes or financial proceedings, can be extremely daunting, particularly...

Child Maintenance Service to be given more powers to crack down on parents who refuse to pay

Ellen Nicholas
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The Child Maintenance Service (CMS) replaced the already existing Child Support Act 1991 in 2012. CMS calculates how much child maintenance a parent is entitled to when the one parent does not live with the child if it cannot be agreed between the parents,...

Parental Alienation - what you need to know

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CAFCASS, the ‘Children and Family Court Advisory and Support Service’ defines the term parental alienation as ‘The unjustified resistance or hostility from a child towards one parent as a result of psychological manipulation by the other...

What are the benefits of mediation?

Hayley McCormack
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Mediation is a fantastic tool that serves as a shining example of conflict resolution, fostering understanding and collaboration in a world often marked by disputes. As we gear up for National Mediation Week 2024, supported by the Family Mediation Council...

Financial claims and divorce

Nick Ingrey
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The financial claims arising from the breakdown of a marriage are determined by the judges of the Family Court. The only reliable guide to the conduct of this discretionary exercise is contained within the legal structure imposed by Sections 25 and 25A of...

International arrangements for children: Who should have the passport?

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A very common question asked by many separating parents - who holds the children’s passports? This question is especially relevant if there is a shared care arrangement in place so that children split their time equally between two households, either...

No-fault Divorce

John Boon
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It is now coming up to 2 years since the Divorce, Dissolution and Separation Act of 2020 (better known as a No-Fault divorce) came into force.   What has been the impact of no-Fault Divorce? No-Fault divorce came into effect from 6 th April...

Navigating Co-Parenting During the Holidays: Agreeing on Christmas Arrangements for Children

Hayley McCormack
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Co-parenting during the holiday season, particularly Christmas, can be a delicate situation for separated parents. Balancing traditions, expectations, and the desire to create meaningful experiences for children requires open communication and cooperation....

An overview of Sharia law

Layla Babadi
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Sharia law is the system of religious laws within Islam and is derived from the Qur’an. It deals with all aspects of a Muslim’s life, ranging from family and financial matters to personal hygiene and clothing. It is increasingly used in parallel...

Cohabitation Law reform on the horizon?

Caroline  Elliott
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It is a common myth that couples who live together, known as “cohabitees,” are protected under ‘common law marriage’ but this is not the case. There are approximately 3.6 million cohabitating couples in the UK and such family types...

Divorce myths - uncovered

Layla Babadi
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There are many myths around divorce, but how many of them are true – we’ve taken some of the most common ones below and explained the real situation. Assets are always split 50/50 on divorce. Whilst the starting point in English matrimonial...

What is a Talaq divorce and is it recognised in the UK?

Layla Babadi
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A Talaq divorce is, under traditional Islamic Law, said to have taken place when the husband pronounces ‘I divorce thee’ three times.  After the pronouncement the marriage is dissolved instantly. However, for a Talaq divorce to be...

Pets and divorce - 'Who gets the dog?'

Layla Babadi
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Pets are seen by many as part of the family and when a divorce takes place, the questions surrounding who will look after the family pet can add considerable distress to an already stressful time. Often the situation becomes quite fraught, but a specialist...

Dowries and Divorce

Layla Babadi
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The issue of dowries in divorce is one which we come across often.  There are a number of questions that clients often ask and in the article below we will aim to answer some of them. Can a wife claim back her dowry after divorce? The short answer...

The Impact of the Cost-of-Living Crisis on Divorce

Layla Babadi
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2022 saw an enormous hike in the cost of living. Soaring energy bills, rising interest rates and the increased cost of food and fuel are undoubtedly having a considerable financial impact on people across the country. In relation to the breakdown of a...

Family Court Reporting Pilot Scheme

Layla Babadi
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The President of the Family Division, Sir Andrew McFarlane, has circulated a message in relation to the Transparency Implementation Group Reporting Pilot which commenced on Monday 30 January 2023 in Cardiff, Leeds and Carlisle. Journalists will be able to...

Divorce Day: Fact or Fiction?

Caroline  Elliott
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The first working Monday of the year is known by many as ‘Divorce Day’ because legal practitioners often receive an influx of separation requests, caused by the stresses of Christmas, upon returning to work. Caroline Elliott , partner and family...

Summary of the Section 25 Principles

Layla Babadi
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Most, if not all, financial remedy judgments contain a review of the guidelines in section 25 of the Matrimonial Causes Act 1973, together with an analysis of relevant case law. Few judgments, however, provide a detailed checklist with a clear overview of...

Surge in Divorce Applications Following No Fault Law

Layla Babadi
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Divorce applications have reached their highest level in a decade following  the introduction of “no-fault” law . On April 6, new legislation  came into effect in England and Wales  enabling couples to go through divorce...

Overseas Pensions and Divorce

Layla Babadi
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Pensions can, for many separating couples, make up a significant proportion of family assets and should be fully considered when financial matters are dealt with during a divorce. Where a couple with UK pensions divorce in England, the court can make various...

No-Fault Divorce: The Blame Game Continues

Caroline  Elliott
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Six months on from landmark no-fault divorce reforms, legal experts and sociologists alike are keeping a close eye on the take-up and the reaction to the new separation option.  Caroline Elliott , partner and family law specialist, provides insight on...

What Happens to the Family Home Upon Separation?

Layla Babadi
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When a relationship ends, one of the most common concerns is whether one person can force the other to leave a shared family home. The outcome depends on your personal circumstances and there are safeguards in place to prevent a partner forcing the other out...

How Does the Court Determine Financial Provision on Divorce?

Layla Babadi
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There is no standard formula for calculating appropriate financial provision on divorce. The court has a duty to consider all the circumstances of the case and to consider a range of specific statutory factors set out in section  25  of...

An Overview of Islamic Marriage and Divorce

Layla Babadi
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Many Muslim couples in the UK have both an Islamic marriage and an English civil marriage, though some couples enter an Islamic marriage without entering a civil marriage. Where a couple have entered a civil marriage, an English court can...

Financial Provision in England Following an Overseas Divorce

Layla Babadi
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If you have obtained a divorce overseas there are some circumstances in which you can bring a claim for financial relief in the courts of England and Wales. Part III of the Matrimonial and Family Proceedings Act 1984 governs the bringing of financial claims...

Is My Foreign Divorce Valid in England?

Layla Babadi
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If you have obtained a divorce overseas there are some circumstances in which you can bring a claim for financial relief in the courts of England and Wales. Part III of the Matrimonial and Family Proceedings Act 1984 governs the bringing of financial claims...

No-Fault Divorce Law Introduced in England and Wales

John Boon
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The introduction of no-fault divorce in England and Wales has now arrived after over 30 years of campaigning by some family lawyers and other campaigners. Up until now the rules in England and Wales meant that anyone who wanted to divorce or end their civil...

Social Media, Electronic Communications and Family Proceedings

John Boon
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The recent outbreak of Covid-19 and the restrictions which have been put in place by the Government mean that a large number of us are spending more time on social media platforms, such as Facebook, Twitter and Instagram, and using electronic forms of...

Can You Obtain a Financial Order in England and Wales After an Overseas Divorce?

John Boon
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The Matrimonial and Family Proceedings Act 1984, Part III, enables people to apply to courts in England and Wales where there has been an overseas divorce and no, or inadequate, financial provision has been made. It is necessary to apply for permission, or...

Separation Agreements - Are They Binding or Not?

John Boon
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Consider the case of MB v EB. The parties separated in 2004 after only three or four years of marriage. In 2011 they agreed on a separation agreement where the husband, a struggling artist, received £245,000, from his wife, to purchase a property and...

A Right Royal Lesson

John Boon
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It’s impossible to predict what decisions our children will make in the future, or what might happen along the way. The impact they will have on our financial planning and dynastic wealth protection, therefore, is a complete unknown.  In other...

Separation and the Capital Gains Tax Trap

John Boon
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Separating from your spouse or civil partner at the wrong time could result in you having to pay Capital Gains Tax (CGT) that you could otherwise avoid. CGT is payable when you dispose of an asset whether you sell it, gift it or are ordered to transfer it...

Arbitration - How Paul Hollywood and His Wife Kept His Divorce Financial Settlement Out of Court

John Boon
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Newspapers are reporting that Paul Hollywood, of The Great British Bake-Off fame, has chosen to settle his divorce financial matters out of court.  He and his wife have chosen to use a process called family arbitration. There will be several advantages...

Changing Which Parent a Child Lives With - Parental Alienation

John Boon
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Parental alienation continues to be increasingly recognised by the family courts. What is more, judges are taking increasingly robust steps to resolve situations where one parent turns a child or children against the other parent. In the recent case of...

Getting Divorced After a No-deal Brexit Could Be Much More Expensive for European Couples

John Boon
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If the United Kingdom leaves the EU without a deal, then the cost of getting divorced in some cases will increase dramatically. If both partners in a marriage currently apply to different countries in the EU for a divorce, then the country where the first...

What Is a Consent Order and Why Do I Need One?

John Boon
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A consent order in divorce or separation proceedings formalises any financial agreement that you and your partner have reached and converts it into a binding, final order. The order specifies who will pay or receive what with regard to income, capital in...

How Will the Court Deal With Hidden Assets in Divorce?

John Boon
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This is our second article exploring disclosure within divorce and dissolution of civil partnership proceedings.  The first article called “Divorce and financial disclosure” can be found by clicking here. This article explores how...

Divorce and Financial Disclosure

John Boon
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When a couple resolve financial matters at the end of their marriage or civil partnership, then it is necessary for both parties to provide full and frank disclosure of their financial circumstances. One or both of the couple often remain sceptical that the...

A Cautionary Tale About Divorce Financial Advice From Friends

John Boon
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The tabloids have been reporting on a cautionary tale about divorce finances - the temptation to hide assets and the danger of relying on advice from the wrong places. Meet Mrs Byrne Mrs Byrne was thinking about divorcing her husband. The problem...

Earnings After Divorce - Will They Be Shared?

John Boon
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The 2018 case of Waggott v Waggott confirmed that there is no presumption of sharing income, even very high levels of income, after a divorce . The recent case of O’Dwyer v O’Dwyer has revisited this thinking and provided some additional...

Pensions in Divorce - Offsetting, What Is It and What Are the Risks in It?

John Boon
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When a couple gets divorced then one or both parties’ pensions might be distributed between the couple. In many cases this is done by the pension owner having a percentage of their pension being deducted from their fund. That percentage is then...

Discretionary Trusts in Divorce Law - Are Your Trust Assets Safe in Divorce?

John Boon
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A couple of recent cases have repeated the assertion that the concept of “judicious encouragement” should be consigned to the history books. Judicious encouragement was the practice of a family court judge ordering a potential beneficiary of a...

Will I Have to Share the Pensions I Earned Before We Got Married?

John Boon
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The recent Pensions Advisory Group report suggests that there are four answers to the “pensions before marriage” question. We need to be clear on a bit of terminology, however, before looking at the answers. First, remember that pensions can...

New Guidelines on Pensions in Divorce - The Unwelcome Need for Pension Reports

John Boon
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Pensions are often some of the largest assets in divorce settlements and can also be the most widely misunderstood. A new report, released in July 2019, provides stark warnings for professionals working in divorce law. We will be looking at several...

Pre-Nuptial Agreements and Post-Nuptial Agreements in Context

John Boon
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A nuptial agreement is an agreement in writing entered into by two parties prior to, or after, their marriage or entry into a civil partnership, which records how they wish their finances to be treated and distributed in the event that they should separate...

Child Contact and the Rights of Grandparents

Nick Ingrey
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Most grandparents have a close and loving relationship with their grandchild(ren). However, the sad reality is that their relationships are discounted following a relationship breakdown. Some grandparents are left with little or no alternative but to apply...

Where Can I Divorce? Divorcing in the UK and Europe

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Many people are under the impression that they can only divorce in the country in which they marry. This is in fact a myth. Here, we look at the ability to divorce in an EU member state pursuant to “Brussels II Revised”. Brussels II Revised...