Article Category: Family Law – Insight & Opinion

How Is A Family Farm Divided In A Divorce?

In any divorce it can be difficult to divide the assets, but especially when the main asset is a farm. Dividing a large asset such as a family farm can become very complex if the correct legal advice is not available. Before any of the family farm assets can be divided it is key to identify,… Read more »

No Fault Divorce: Is This Now The Way Forward?

In order to issue divorce proceedings in England and Wales it has to be proven that a marriage has “irretrievably broken down”. Some couples are happy to wait and simply state that they have been separated for two years. In this case, the divorce petition can be issued two years after separation (provided the other… Read more »

Honesty In Divorce: This Is The Only Policy

In financial proceedings within divorce or dissolution of civil partnership, the court is directed to achieve a fair outcome. This is not based on a set formula but by the court considering all the circumstances of the case. In this discretionary system the courts accept that fairness is an elusive concept, and that what may… Read more »

Divorcing Couples Shun Mediation Assessment Meetings

New figures show that divorcing couples are rejecting the compulsory mediation assessment meetings and going straight to issuing court proceedings. In April 2014 we saw Mediation Information and Assessment Meetings (MIAMs) become compulsory under the Children and Families Act. These meetings were to take place before a separating couple could file an application for a… Read more »

Keeping divorce amicable – can you?

In the same month that Gary Lineker and his wife announced their divorce whilst remaining amicable and the greatest of friends, I was pleased to hear that a ‘No Fault Divorce Bill’, proposed by MP Richard Bacon, was due to receive its second reading in Parliament. Divorce – What is the current law? Current law,… Read more »

Who Pays The Debts When We Separate?

One of the things that I’m asked almost every time I meet a new client is who pays the outstanding debts when we separate? Those debts might be an overdraft, a car loan, credit card debt or even debt to a family member. The answer depends firstly upon whether you are married or merely cohabiting… Read more »

The No Fault Divorce Bill: Let’s Shelve The Blame!

Back in October MP Richard Bacon introduced to Parliament, under the Ten Minute Rule, the no fault divorce bill. If passed this bill makes provision for the dissolution of a marriage or civil partnership where each party separately makes a declaration that the marriage has irretrievably broken down. The bill is expected to have its… Read more »

Common Law Marriage Rights: The Common Misconception

In my experience many couples believe that if they live together for some time they are in a common law marriage with the same rights as if they were legally married. This is false as common law marriage has not existed since 1753. In reality cohabitants living together outside marriage are treated in law as… Read more »

Divorce: honesty is the best policy

In a landmark decision this week the Supreme Court has allowed the appeals of two wives, Alison Sharland and Varsha Gohil. The position of both women was that their husbands had been dishonest by failing to disclose their true worth and it is now highly likely both the husbands will end up paying far more… Read more »

Implacable hostility to child contact

In a recent case Lord Justice MacFarlane has set out the approach to be taken by courts in cases when parents, usually mothers, are totally opposed to child contact taking place. The description given to such parents is ‘implacably hostile’. The approach taken by the courts is as follows: Where it is in the best… Read more »