Article Category: Family Law – Insight & Opinion

Can Financial Claims Be Made Years After Divorce?

There is no time limit for former spouses to apply to the court for financial claims following their divorce provided their claim is lodged before remarriage. The recent case of Kathleen Wyatt and Dale Vince shows the difficulties that can occur if a financial order is not obtained when a couple divorce. Kathleen Wyatt first… Read more »

Stop Bugging Me! How Not To Behave In Family Court Proceedings

A child at the centre of family court proceedings and a dispute between her parents had listening devices sewn into her clothes by her father in a bid to eavesdrop on her private conversations with her social worker. The recordings took place over the course of a year without the child’s knowledge and details of… Read more »

Where To Start With Separation?

When clients first come to me for advice about their separation, whether they are in a marriage, a situation where they have been cohabiting or maybe where they have never lived together but are parents, they are not always at the same emotional and financial stage of the separation process. Some clients have only just… Read more »

Cost Of Divorce: Is A DIY Divorce A False Economy?

Footballer Gary Lineker has hit the headlines following his comments in a recent Radio Times interview about the cost of divorce. By all accounts his divorce earlier this year was amicable, however, in the interview Lineker speculates that in cases where solicitors become involved, matters do not always resolve themselves so easily. He claimed “It’s… Read more »

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 »