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In this blog, I take a look at what has become known as ‘divorce tourism’ – the practice of trying to establish a connection with the UK in order to use its divorce courts. I also look at whether a recent case in the Supreme Court may have...
A look at the world of ‘grey divorce’ and second marriages for retirees. Learn about essential aspects like finances, perceptions, and alternative approaches. Whether facing late-life divorce or contemplating marriage after 65, we provide...
Following on from our recent blog on Divorce and Pensions: Why Does This Asset Typically Get Ignored, we focus on the misconceptions around pension valuations and the Pensions Advisory Group’s (PAG) advice on this in PAG 2. The Significance of...
“A Guide to the Treatment of Pensions on Divorce” was a report by the Pension Advisory Group published in July 2019. It has commonly been known by the family law community as PAG ever since. PAG was recently reviewed and updated in December...
A Declaration of Trust is a legally binding document which is signed as a deed. It is usually made at the time of purchasing a property and records the financial arrangements of all those who have an interest in the property. For example, the Declaration of...
As family lawyers return to work in January after the Christmas break, it is not uncommon for us to be questioned about ‘Divorce Day’ and to comment on the number of divorce enquiries received on the first working day of the new year. What is...
The period running up to Christmas can be a hectic time for everyone. On top of making sure that the food has been ordered, guests have been invited, and last-minute presents have been purchased and delivered, ensuring contact arrangements go ahead smoothly...
In the absence of a significant event, such as the discovery of an affair or other unforgivable conduct, it is rare for the realisation that a marriage has run its course to come on suddenly. More often than not, it is a series of issues arising over a...
How is the family business treated in divorce? Alongside property, pensions, and investments, the family business can often form a substantial part of a high net worth couple’s assets. Indeed, the business may have been the source of the other...
What is Child Maintenance? Child maintenance is the regular payment made by a non-resident parent to the person or parent with care of the child to help pay for the child’s everyday living costs, for example, food, clothes, housing, and so on....
On divorce, couples have financial claims against one another for property, lump sums, maintenance, and pensions. The greater the wealth, the larger those potential claims will be. There are several ways to potentially safeguard assets in a high net...
With the introduction of digital divorces, it is now even easier to formalise your separation. A digital divorce is where all stages of the divorce are dealt with online. On some occasions, even the hearing can take place via video call. This means that you...
According to the latest family court statistics published in March 2023, private law cases with legal representation took, on average, longer to be concluded. The statistics show that in general, between October and December 2022, private law cases where...
According to Family Court statistics, from October to December 2022, the number of financial remedy applications was down 6% compared to the same period in 2021. This is an interesting statistic, as usually divorce applications go hand-in-hand with the...
What were the key changes in divorce legislation that took effect in 2022, and how have these changes impacted the duration of the divorce process? On 6 April 2022, new divorce legislation took effect, which meant that couples seeking divorce were no...
What is a consent order? A Consent Order is a legally binding document that records an agreement that has been reached between the parties and which has been approved by the court. Within divorce proceedings, a Consent Order may detail the...
Since the introduction of no-fault divorce on 6 April 2022, couples can divorce or end their civil partnership without the need to apportion blame or rely on a period of separation. All that is required is a statement that the marriage or civil partnership...
Arbitration is an alternative dispute resolution method that allows you to resolve your differences without going to court. In brief, you jointly appoint an arbitrator to make decisions that are intended to be final and binding on everyone. Some of the...
The stress of a divorce and separation can be minimised if you and your partner are able to reach an amicable agreement about how your assets are divided and about arrangements for any children. What is collaborative divorce? A collaborative...
The Courts have time and time again, stated that prenuptial (sometimes referred to as pre-nup) and post-nuptial (also referred to as post-nup) agreements are treated equally. This fable involves a husband and wife who entered a post-nup in...
Many families going through a divorce or separation prefer to sort out their marital assets and care for their children in an amicable and civilised way. This approach has obvious benefits, not least in avoiding litigation. The ideal is to work together...
As a parent myself, I can say with absolute conviction that I would do absolutely anything for my kids. For as long as I am able (and they let me) I will be there to celebrate with them on their good days, advise, support and advocate for them on their...
June is Pride month and there has been much to celebrate in the LGBTQ+ community over recent years, including significant steps that have been taken in the world of family law and parental rights. So let’s take a look at some of the recent changes and...
The decision to separate is not an easy one. It has significant implications both emotionally and practically and the issues that need to be addressed can be overwhelming. The issues that need to be addressed will depend upon your individual circumstances...
The 6 th of April 2022 saw the introduction of the no fault divorce. Whilst the new rules removed the need to provide a reason for the irretrievable breakdown of the marriage, they also introduced a number of obligatory waiting periods before certain...
When you apply for a divorce, your spouse should receive a notification by post confirming that an application for divorce has been made. They will also be provided with a link by email to allow them to view the application online via the HMRC portal. On...
It has been over a year now since no fault divorce was introduced , below I have answered the most common questions surrounding no fault divorce after a year since its inception. ‘What is no fault divorce?’ Anyone wanting...
6 April 2023 marks the first anniversary of the introduction of no-fault divorce. So what impact has this new divorce law had in England and Wales? Has no fault divorce resulted in more divorces? According to a Law Society press release in June 2022,*...
We have previously written about the “common law marriage” myth: the belief by unmarried couples that they will get the same protection from the law as married couples do. Whilst we desperately await changes from Parliament, it is important to...
A Section 91(14) Order or otherwise referred to as a “barring order” allows the court, in children's applications, to bar or restrict a further application being made without permission of the court. How will a barring order help me and...
You may have heard that it is the month of Ramadan for Muslims around the globe, but may not quite understand what it entails. This is not one of my usual legal blogs but it is one of practice – especially as I continue to work during...
Divorce can be a stressful process and for many individuals, once it is over, they want to move on with their lives as quickly as possible. It is, however, important to ensure that before finalising the divorce that proper steps are taken to complete the...
Recently someone posed a very interesting question to me – ‘Would your clients be interested in receiving support and encouragement to enable them to achieve a better divorce?’ My answer was ‘absolutely’ but my first...
The Office for National Statistics has released figures revealing that in 2021 births registered outside of a marriage or civil partnership outnumbered those within marriage or civil partnership for the first time since records began in 1845. There...
In divorce cases, it is sometimes a concern that one spouse might either spend or hide all of the money so that the other spouse can’t get a share of it. When some of the assets are abroad, the concern can be even greater. The Freezing...
The rising cost of living is a topic dominating the news at the moment. It is a worrying time for many, and for those involved in divorce proceedings, the prospect of financial hardship is an additional pressure that they could, no doubt, do without. ...
Welcome to Family Mediation Week! The idea behind this week is to raise awareness of what mediation is and the benefits of using mediation to resolve family issues. Mediation can help with almost every issue a family may face on separation; from...
When a married couple separates and gets divorced, one of the issues that will invariably need to be addressed is the financial aspect. When considering finances as part of divorce proceedings, all assets are taken into account whether they are in...
Where spouses and former spouses have reached a financial settlement dividing aspects of their income, assets, property and pensions, it is important that such agreement be recorded in a correctly drafted Court Order, referred to as a Consent Order. ...
How long does it take on average to settle family disputes? Over half of lawyers say it takes an average of 1 to 2 years after making an initial court application according to statistics issued by Resolution as part of their 2022 Good Divorce Week...
The negotiation surrounding divorce and finances can be one of the most difficult parts of the process. Spouses and former spouses have a number of financial claims that they can make against one another. Some spouses and former spouses may opt to...
In the third instalment of seven blogs this week. Muntech Kaur takes us through The divorce process itself. There are recent changes to how this has worked in the past. We look at the dos and don'ts that can help lead to an amicable end of a marriage.
In the second of our daily blogs for Good Divorce Week 2022, Muntech Kaur advises on what works best in her experience when it comes to the daunting prospect of telling the children.
The first conversation about divorce can be both difficult and tricky, but it is the first step toward an amicable divorce and a clean break.
Introducing Good Divorce Week 2022
As recently reported by the Law Society , the latest statistics published by HM Courts & Tribunals Service show that the Family Court continues to experience extensive delays and backlogs. This is having serious and prejudicial consequences for families...
On 6 April 2022 divorce law changed in England and Wales, making it possible for married couples to obtain a divorce without the need to apportion blame based on adultery or unreasonable behaviour, or to rely on a period of separation or...
Have you found yourself back in court proceedings after already having been at court in the recent months or even the last year? Is your ex-partner threatening to take you back to court despite a Final Order being made? Are you worried about how you...
The new Divorce, Dissolution and Separation Act (DDSA), introduced on 6 April 2022, represents the biggest reform of divorce law in half a century and aims to lessen the impact that conflict and allegations have on families, with particular consideration to...
In the year ending March 2020, the Office for National Statistics (ONS), announced an estimated 2.3 million adults aged 16 to 74 years experienced domestic abuse in the past year (1.6 million women and 757,000 men). From 21 July 2022, domestic abusers will...
Benjamin Franklin once said “in this world nothing can be said to be certain except death and taxes” and whilst this is true, it would also be fair to say that nobody likes to pay the tax man. Within the realms of family law issues, divorce and...
The most recently published government statistics show that only 40% of all couples who get divorced actually sort out their finances. What are the risks that they are running here? For the relevant period, 30,600 divorces were finalised but only 12,500...
You may be looking to change your name for a number of reasons, such as after divorce, gender reassignment or simply where you would prefer to be known by a different name. What is a “Change of Name Deed”? The most commonly used...
As a family solicitor specialising in cases involving domestic abuse, the current trial taking place in America between Johnny Depp and Amber Heard is something that interests me greatly. It is not itself a family law case, as Johnny is suing Amber for $50...
From 6th April 2022, it will be possible to obtain a no fault divorce, marking one of the most significant changes in divorce law this country has seen in the last 50 years. The change in the law has been long-awaited and will end the blame game for...
A Gender Recognition Certificate (“GRC”) is a formal document issued by the Gender Recognition Panel to legally recognise an individual’s acquired gender in the UK. At birth an individual’s gender is registered on their birth...
Ralph is a few feet tall, has short hair, excitement of a toddler, but a build of an adult. He has kind eyes and a cheeky smile. Ralph is a beautiful Labrador also known as “Ralph”, “Doggo”, “Fur-baby” and...
Divorce law is changing and from the 6 April 2022 , it will be possible for all divorcing couples to obtain a no fault divorce. It will in fact no longer be necessary to prove or allege adultery nor unreasonable behaviour and nor will they have...
A recent High Court case has highlighted the dangers of looking for your spouse’s confidential information to use it in a divorce. What is the problem here? Both husband and wife have an obligation in divorce proceedings to provide full and...
A recent case of Randhawa v Randhawa saw the court setting aside a decree absolute made 12 years ago. The parties in this case had married in 1978 and the husband had petitioned for divorce in January 2010 on the basis of the wife’s unreasonable...
The term “Nesting Arrangement” refers to an arrangement whereby the children remain in one property (generally the family home) and the parents take turns living in the property and looking after the children. A recent case In a recent case of...
A Survey by ‘Which?’, of its members in November 2021 uncovered that only 15% of divorcing couples included pensions in their divorce settlement and 53% said that pensions had not even been discussed. Now, it was a small survey of only 453...
Getting divorced is rarely seen to be a positive thing. Ending a relationship is an extremely stressful life event. As a family law solicitor for the past 18 years, I have advised many people going through a relationship breakdown. Here are 10 top tips on...
According to the Office for National Statistics (ONS), “in 2020, there were 103,592 divorces granted in England and Wales, a decrease of 4.5% compared with 2019”. This number is broken down further to account for 102,438 opposite-sex divorces and...
The question of child maintenance, including how much should be paid and what factors are considered in the calculation, is common for separating families and often addressed in an initial discussion with a family law solicitor following a relationship...
The UK Family Court recently ruled on what is said to be the biggest divorce case in British history. Princess Haya was awarded a sum of just over £550 million in her divorce from Sheikh Mohammed, the prime minister of the UAE. Princess Haya was...
With every new year comes new opportunities and the chance to make a fresh start. This can involve setting a series of new year’s resolutions or planning new adventures for the year ahead and beyond. For many this may include exercising more, losing...
On 31 January 2020, the UK exited the European Union (the EU). A post-Brexit transition period then followed until 31 December 2020 during which time, the UK was generally treated (with some exceptions) as if it were still a member of the EU and most...
The Nuffield Family Justice Observatory (NFJO) has recently published a research paper outlining children’s experience in contested private law court disputes. These are court proceedings between separated parents regarding the child arrangements,...
Many are eagerly awaiting the introduction of no fault divorce on 6 April 2022. It has been a long time coming and will enable couples to formalise the end of their marriage or civil partnership without casting blame or having to wait for 2 years or...
As a family lawyer, I see many cases where one of the parties have received a significant sum of money from their parents; often when buying a home. Unlike a mortgage however, money that comes from “The Bank of Mum and Dad” is not...
If you are involved in divorce proceedings and have reached a settlement with your spouse regarding the financial matters arising from the breakdown of your marriage, what should you do and what information must you provide to the court? Many divorcing...
There are many reasons why Birkett Long should be your first choice of solicitors in the event you need help with a family law issue, my top 10 are set out below: 1. Legal Recognition Birkett Long’s family team has been ranked a...
At Birkett Long our family team have been waiting for a long time for the divorce process to be made more efficient and I am pleased to say that in my experience so far, the divorce portal has enabled divorces to be processed far more quickly than had been...
Since April 2018, spouses and their legal advisers have been able to apply for a divorce through the online court portal. The use of the online portal will become mandatory for legal advisers from 13 September 2021. This means that instead of filling...
The question of, where a divorcing couple and their children may live following separation and divorce is often one of the most pressing and worrisome issues facing a couple. Accommodation is a basic necessity and yet the family home is often so much more...
31 August 2021 saw the government publish its response to a consultation process into court fees and proposed increases. A majority of respondents to the consultation opposed such a move, considering now was not the right time due to the impact that...
If your marriage has broken down and you reach an amicable agreement with your ex-spouse in relation to the financial matters arising from your separation, it is important you ensure the agreement is properly recorded. This will help to avoid any...
As global communications shrink the world ever faster, there is no guarantee that a married couple will necessarily both live in the same country following separation. So, what happens when one of them starts divorce proceedings in a different...
The Family Court has a broad discretion when dealing with the financial matters arising from divorce. They must consider all the circumstances of the case, the first consideration being given to the welfare of a child of the family who has not reached the...
On 28 June, I was invited to talk to Ben Fryer on BBC Essex, in light of the news last weekend that Matt Hancock had left his wife and resigned as Health Secretary after breaching social distancing rules and an apparent inappropriate relationship with his...
Often, parents involved in a separation or divorce find it difficult to communicate effectively when their relationship breaks down. There are many reasons for this, including the cause of the breakdown of the relationship, the way the separation happens,...
A financial consent order is a legally binding document that sets out the financial agreement that the divorcing couple or couple dissolving a civil partnership has reached. What is included in a Financial Consent Order? A financial consent order will...
What happens to my jewellery during a divorce? The question of how a divorcing couple should deal with jewellery is one divorce and separation lawyers are often asked. This is especially when it comes to the engagement and wedding rings, or family heirlooms...
Since 2006, it has been the general rule that in financial remedy proceedings , the court will make no order as to costs. This means that generally speaking, each party will have to bear their own legal fees. Prior to 2006, the court could and did...
In the UK there are two legal definitions of insolvency. The first is where an individual or business owes more than it owns and the second is when they are unable to pay their debts as they fall due. Insolvency, and the threat of insolvency, brings with it...
After six years of marriage, TV reality star Kim Kardashian and rapper/fashion designer Kanye West are now in the process of getting a divorce . Kim filed for divorce on 19 February 2021, after months of rumours circulating across the media. Recent reports...
Although we often talk about ‘the Court’, there are in fact many different courts in this country. A recent case led to a useful observation from a senior judge about which court should be used to interpret the provisions of an order made within...
Despite centuries of progress towards gender equality, the fact remains that where a couple decides to have children, there is usually one parent who makes sacrifices in their career in order to care for the children. This can have far-reaching effects, not...
Parental Responsibility is the term used to describe the responsibilities that a person may have in relation to a child and securing that child’s welfare. It covers the right to make decisions about: medical care, religion, education...
Separating parents will be assisted to resolve disputes through a new million-pound mediation scheme that was launched by the Government on 26 March 2021. Under the new time-limited scheme, approximately 2,000 families will be able to apply for a one-off...
In a recent case*, the parties’ marriage had broken down in January 2019, after which they decided to initiate divorce proceedings, in addition to financial remedy proceedings. At the heart of the couple’s financial dispute was the jointly-owned...
At first glance, the recently decided case of Finch v Baker appears to show a bias in favour of the wife in a divorce case. But is that really the case here? What was the background to the case? Ms Finch (the wife) was a highflying TV executive...
A recent case* is a good reminder of the importance of establishing different types of property when dealing with financial remedy issues on divorce. The wife had made an application for a financial remedy order as part of divorce proceedings. The husband...
Whilst I would consider that an application to the court should be an option of last resort, sometimes it is absolutely necessary. This might be because: there is a benefit to there being a firm timetable, or because there are difficulties with...
Do I have to instruct a solicitor to get divorced? No. If your marriage has broken down irretrievably then you can start divorce proceedings through the Court’s online divorce portal. You currently need to rely on 1 of 5 facts to prove that the...
Administrative changes, designed to streamline the court process, have recently come into effect concerning where to send Contested Financial Remedy applications on divorce. These applications are made in divorce proceedings where the parties are...
Just over two decades ago the Court of Appeal was asked to give guidance on the approach to domestic abuse in child contact cases and Practice Direction 12J was born. It details the approach of the court in cases where there is alleged or admitted domestic...
A recent case of Crowther v Crowther & Ors [2020] EWHC 3555 (Fam) serves as a useful reminder of the court’s powers to make costs orders in relation to preliminary issues and the risks of alleging fraud. The background of the case Mr and Mrs...
Next week, the High Court will hear a crowd-funded legal action challenging not only the government’s plans to introduce ‘no fault’ divorces but also the existing legislation about divorce and maintenance claims. No fault divorce is...
