Article Category: Family Law – Insight & Opinion

Adultery As A Reason For Divorce: What Do You Need To Know?

To divorce on the basis of adultery, a spouse must establish that the other person has committed adultery and that they find it intolerable to live with them. It is not possible to issue divorce proceedings on the basis of your own adultery. How is adultery defined in the law? Adultery is defined as the… Read more »

Parental Alienation: How Can It Affect A Child?

The majority of parents manage through the turbulence of divorce to prioritise the emotional needs of their children by maintaining a civil manner and respect for one another, and allowing children permission to enjoy their time with the other parent. However, the court system remains challenged by cases of parental alienation and parents who are… Read more »

Division Of Assets: Is Divorce Law In A State Of Flux?

In any industry it is essential to keep up to date with developments and advising on divorce issues, such as the division of assets, is no different. This month we have seen the introduction of a new form of divorce petition and we all remain watching the case of Owens and Owens, in the London… Read more »

What Is Parental Responsibility And Who Has It?

Parental responsibility is defined as being all the rights, duties, powers, responsibilities and authority which by law a parent has in relation to a child and their property. Who has parental responsibility? Mothers automatically have parental responsibility. Fathers have parental responsibility if they are married to the mother or if they were registered on the… Read more »

Finances In Divorce: The Courts’ Approach

Divorce is a daunting prospect. Anxiety is heightened by fear of the unknown and worry for the future. With this is mind, it may help to have an idea of the approach the courts take when considering finances in divorce. What will the courts consider? The Matrimonial Causes Act 1973 helpfully lists the courts’ considerations…. Read more »

No Fault Divorce: Is It About Time The Law Changed?

The Office for National Statistics have recently released statistics regarding marital breakdown for the year 2015. Do these figures reflect a need for the law to change and support a no fault divorce system? In total there were 101,055 divorces of opposite sex couples and 22 divorces of same sex couples in 2015. This suggests… Read more »