Article Category: Family Law – Insight & Opinion

Divorce proceedings cannot be commenced within the first year of the marriage, however challenging the circumstances. The courts understand the first year of marriage can be a difficult one, and the bar on divorce operates to dissuade parties possibly giving up too soon. However, some marriages do irretrievably breakdown within this period. What can you… Read more »

Location, location, location is a popular Channel 4 property programme where we see Kirstie Allsopp and Phil Spencer help couples find their perfect home. But what happens when a couple want Kirstie and Phil’s help to find a new home, in a new country and relocate with children from a previous relationship or marriage? What… Read more »

It is always deeply unpleasant to be on the receiving end of a divorce petition. Few respondents (the person who has received the divorce petition) accept the tenor of particulars detailing incidents of alleged unreasonable behaviour. Most perceive them to be overemphasized embellishments exaggerated by a spouse who spuriously seeks to claim emotional distress over… Read more »

In family law proceedings involving children, the importance of children’s wishes and feelings including their welfare is the courts paramount consideration. When considering what approach to take, the judge will turn to the welfare checklist set out in the Children Act 1989, section 1 (3). What criteria must the court consider? Key areas of consideration… Read more »

Divorce is governed by the provisions of the Matrimonial Causes Act 1973 and before you can file for divorce you must state that the marriage has irretrievably broken down. You must also prove this statement using one of the following five factors, known as the grounds for divorce: The respondent (the person who has divorce… Read more »

You have navigated the divorce and managed to sort out the finances whilst maintaining a civil respect. You have agreed the arrangements for the children without solicitor’s intervention. Your co-parenting arrangement is working well, and you and your ex are getting on better now than you have in years. So how do you approach the… Read more »

Under English divorce law if you want to divorce amicably without allegations of adultery or unreasonable behaviour, you are required to have been living separately for at least the preceding two years. Many couples who wish to maintain a cordial relationship decide to wait. If this is a situation you find yourself in, you may… Read more »

If the marriage is only a short one, say one or two years, are the rules any different? In a divorce, the court will not look back over the course of the marriage and attempt to mathematically calculate the financial input of each spouse. It’s improbable each spouse will have paid in an identical amount… Read more »

It’s a well-known fact that divorce lawyers experience a peak in consultations post-Christmas. In some cases this is due to a parents desire to preserve a last unspoiled Christmas for the children before proceedings are issued. In other cases the Christmas period acts as the final straw due to: Christmas parties, which can prove an… Read more »

The latest figures from the Office for National Statistics and the BBC show that cohabiting households in the UK have more than doubled from 1.5 million in 1996 to 3.3 million in 2017. Many couples presume that should the relationship break down, the concept of ‘common law marriage’ will step in to create a fair… Read more »