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Family Law

Divorce Day

‘Divorce Day’ refers to the first Monday that everyone returns fully to work, a day when family lawyers reportedly receive an influx of enquiries from people wanting to separate. Many couples, particularly those with children, may not want to split up before Christmas, a time when families get together; many waiting until after this time... read more

Jewish Transgender Father wins Appeal

Judge hearing the matter must act as a ‘judicially reasonable parent’ The Court of Appeal has handed down judgment in a case that brings to the fore the tension between, what it termed, deeply discriminatory practices in isolated communities and the broadminded outlook of the modern world. Firmly rejecting any notion that discrimination should prevail... read more

The Rise of The Digital Divorce

Married couples will soon be able to apply for a divorce online as part of a £1bn change to the justice system. The Ministry of Justice said the scheme, which was being tested at three sites in the UK, would be rolled out across the country to enable all uncontested divorces to be conducted using... read more

Irretrievable Breakdown and Divorce Petitions

The Matrimonial Causes Act 1973 (MCA 1973), s 1(1) provides that there is only one ground for divorce, namely that the marriage has irretrievably broken down. Irretrievable breakdown can further be proved by one of five facts available (MCA 1973, s1(2)): adultery unreasonable behaviour desertion two years separation with consent five years separation The majority... read more

Marriage vs Cohabitation

The debate as to whether legal status should be afforded to cohabiting couples is one that continues to rumble on. The fastest growing family type is cohabiting couple families, increasing from 1.5 million to 3.3 million families between 1996 and 2016; according to statistics. Yet there remains widespread ignorance about the legal status of cohabiting... read more

Woman Granted Permission to Challenge Consent Order

Ms Birch has been granted permission to challenge the terms of her Consent Order, made prior to her divorce, by the Supreme Court. Consent Orders set out the detail of the financial settlement reached between former spouses; as approved by the Court. The Order as it stands contained provision for the matrimonial home to be... read more

Government Announces Draft Domestic Violence and Domestic Abuse Bill

Outlined in the Queen’s Speech, the Government has committed to bringing forward legislation “to protect the victims of domestic violence and abuse”. The purpose of the Bill is to “transform our approach to domestic violence and abuse to ensure that victims have the confidence to come forward and report their experiences, being safe in the... read more

Short vs Long Marriage and The Impact on Finances?

The Court delivered a long awaited judgment in the case of Sharp and Sharp on 13th June and some would argue that it goes further to give couples ‘more to bicker about’ . Mrs Sharp, a successful City Trader, successfully challenged a divorce judgment which awarded her ex-husband of only four years £2.7m. But does... read more

Remarriage and Financial Implications

Your big day is fast approaching and your ex-spouse a distant memory. You know that you can remarry because you have received your Decree Absolute which legally and formally brings your marriage to an end. There’s nothing to worry about. Or is there? Potentially there is. If at the time you and your ex-spouse did... read more

THIRD of Cohabitants believed they had the same rights as married couples

Cohabiting couples want a change in the law and to be afforded the same legal rights as their married counterparts to prevent ‘unfair’ settlements should their relationship breakdown, a new survey has revealed. YouGov surveyed more than 1,000 cohabiting couples across the UK in an effort to highlight the need for legislative change. Only 14%... read more