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Family Law Blog

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...

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