Article Category: Family Law – Insight & Opinion

Bar On Filing For Divorce Within One Year Of The Marriage

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 »

How Can You Challenge A Divorce Petition?

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 »

The importance of children’s wishes and feelings during family law proceedings

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 »

What Is Required To File For Divorce?

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 »

What’s The Best Way Of Introducing New Partners To Children?

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 »

How Are Assets Split When Short Marriages Breakdown?

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 »

Post-Christmas Period And Divorce: How Can It Be Kept Amicable?

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 »