Article Category: Family Law – Insight & Opinion

Divorce Cases On the Rise

The Office for National Statistics (ONS) revealed that divorce cases are on the rise as the number of divorces filed in 2019 saw an increase of 18.4% from the preceding year, the largest annual percentage increase in the number of divorces since 1972. It is presumable that this increase could be accounted for by the… Read more »

Blame in Divorce Proceedings

Couple arguing about bad behaviour during divorce process

As part of the divorce process, parties will often be asked to complete a ‘Form E’ setting out their financial position and confirming any special circumstances that they believe should be considered. When deciding how the assets of the marriage should be divided, people often question whether bad behaviour should be taken into account, but… Read more »

FAQs: Child Arrangements Order

happy single father and child following successful child arrangement order in place

Cheryl Haywood, Family Associate, answers some of the most frequently asked questions regarding Child Arrangement Orders. What Is a Child Arrangements Order? A child arrangements order is an order of the court setting out who a child shall live with and spend time with. For example, where two parents have separated and there are disagreements… Read more »

Nuptial Agreements: What Do the Courts Consider?

Nuptial agreements refer to either pre-nuptial agreements (entered into before marriage) or post-nuptial agreements (entered into after marriage). At present, nuptial agreements are not legally binding. This means that if an agreement is entered into and the relationship breaks down, the court has discretion and can move away from the terms of the agreement if… Read more »

Do I need a Family Lawyer If an Agreement has been Reached Privately?

Spouses instructing a family lawyer with divorce

As family lawyers, despite the common misconception, we will always encourage separating parties to utilise private discussions and mediation at an early stage to try to reach a settlement outside of the court process. This avoids a lengthy and expensive dispute and helps to keep things as amicable as possible. If you have managed to… Read more »

What is a Clean Break in a Divorce?

The term ‘clean break’ is one that we use frequently in family law, but what does it actually mean and would it be appropriate in your particular circumstances? A clean break essentially means that separating parties walk away from the marriage with no financial obligation towards the other. This means that you would no longer… Read more »

Distributing Assets on Divorce – Long Marriage vs Short Marriage

distributing assets on divorce -how is this decided in long vs short marriages?

One of the factors taken into account by the Court when distributing assets on divorce is the length of time that the parties were married. Cheryl Haywood, Family Law Associate, discusses the differences between distributing assets in short term and long term marriages. For reference, a marriage is considered to be short if it lasts… Read more »

What are the Parental Rights for Same-sex Female Parents?

We have recently received a number of enquiries relating to the breakdown of same-sex relationships, in particular, queries relating to parental rights. Zoe Worthington answers some of the common queries we have received regarding this topic. Do Same-sex Parents Have Parental Responsibility? The first question we will ask is whether you entered into a civil… Read more »

Dividing Business Assets on Divorce

Signing agreement to divide business assets on divorce

Dealing with business assets on divorce can lead to some complex legal issues. Quite often, a business is the most valuable asset owned by a couple and it is therefore important that this is dealt with correctly to ensure a fair outcome for both parties. There is a two-step approach to dealing with business assets… Read more »

What to Consider when Buying a House with a Partner

With stamp duty abolished until March 2021 for properties up to £500,000, couples buying a house together for the first time are on the rise as they take advantage of the saving. Additionally, lockdown may have given those couples who did not live together before the chance to try living together, cementing their decision to… Read more »