Some spouses may want to have a judge decide their fate and choose litigation. Others may disagree on issues and do not want to negotiate with each other. Or a judge receiving paperwork may have some questions and concerns, requiring one hearing
In April 22nd, 2014 a change was made in Family Law to have a couple attend a mediation information and assessment meeting (MIAM) to see if mediation is a viable option for them as a divorce process and as a possible way
When it comes to the law and personal relationships, the UK is a curious mixture of the progressive and the archaic. On the one hand, the law recognises same-sex unions, on the other the process of ending a marriage through divorce seems
In England and Wales, the person filing for divorce is the petitioner and in Scotland it is the pursuer. The other spouse is the respondent in England and Wales and the defender in Scotland. The process of divorce commences when the petitioner
Contested divorces are rare. I have undertaken three in my 30-year career on behalf of the Petitioner. All were successful with the grounds found by the judge to be established after hearing evidence from the parties. Such cases are very upsetting for
It was recently reported that the governments flagship divorce centre was rejecting 50% of divorce applications due to errors made in the application form. Divorce Centres were originally introduced as part of the courts move towards a centralised system for divorce in
Order by Consent Also called a Consent Order. This could relate to any Court Order that is made between the parties to litigation, but in the family sphere it tends to refer to a financial order that reflects the financial settlement the
Making child arrangements can be an extremely difficult issue to tackle when two people are experiencing the ordeal of a separation or divorce. But when it comes to filing for sole residency, do you know the absolute essentials to help make this
In July 2016, the Telegraph reported on a divorce case where the husband failed to comply with a financial court order, also known as a Consent Order, which stated that the marital home be sold. The proceeds of the sale were to be used
The damaging effects of divorce are often felt more acutely in cases involving farming families: especially so where the farm has been held within one family for generations. Often farming businesses will involve Partnership or Corporate Structures, land may be co-owned with
As Henry Ford says, “If everyone is moving forward together, then success takes care of itself.” Moving forward or relocating to a different country is sometimes difficult, especially when the parent left behind does not want a distance relationship with the children. Attempting
Family lawyers in England and Wales don’t like the word ‘custody’, which became obsolete in 1990 with the Children Act. Before 1990, the key terms used were ‘custody’ (who has the main rights and duties for the child?), ‘care’ and ‘control’ (where