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The Family Court – The Road Ahead

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The President of the Family Division, Sir Andrew McFarlane, sets out in The Family Court and COVID 19: The Road Ahead a structure for the ongoing operation of the Family Court for at least the next 6 months. It sets out very clearly that the Judiciary and HMCTS do not envisage a return to the 'normal' court working environment before the end of the...
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266 Hits

One step closer to no fault divorce

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Under The Divorce, Dissolution and Separation Bill, a spouse will no longer have to prove fault in order to obtain a divorce from the other spouse. They can simply claim that their marriage has irrevocably broken down.The bill will also mean that spouses will not be able to contest the divorce unless coercion or fraud can be proven. The bill will i...
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329 Hits

Children and COVID-19 - A Q&A

Children and COVID-19 - A Q&A
The current health pandemic has caused difficulties for all families, not least separated families. Children have been away from school and their usual routines for several months now and in some cases this has also meant being away from the parent they do not usually live with.While some families have decided, in line with government advice, to co...
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272 Hits

Guidance for court hearings during the coronavirus crisis

Guidance for court hearings during the coronavirus crisis
Since 23rd March 2020 we have been told to stay at home and the country has gone into lockdown. But what do you do if you have a forthcoming hearing or made an application and are awaiting a listing? ​Given the nature and risk presented by the COVID-19 outbreak, the courts have given guidance on the use of remote hearings in order to keep everyone ...
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473 Hits

Challenging financial orders in light of the coronavirus crisis

Challenging financial orders in light of the coronavirus crisis
In such uncertain times, many practitioners wonder whether this pandemic has the ability to undermine financial orders in divorce proceedings. Orders are generally made to be final but what if an event were to occur shortly afterwards, which undermined the whole basis upon which the order was made? That is what happened in the case of Barder v Bard...
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436 Hits

How to comply with child arrangement orders during lockdown

How to comply with child arrangement orders during lockdown
The current public health crisis is unprecedented and there is general concern as to what to do when balancing the welfare of the child with the restrictions on movement imposed by government. This has been causing confusion; in particular, it is hard for parents to know how to facilitate contact in line with court orders.Thankfully, we have been i...
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780 Hits

How to self-isolate effectively

How to self-isolate effectively
With challenging times ahead, a lot of us could be facing an extended period of time in self-isolation with our spouses, partners, housemates and children. There is much uncertainty about how long this could be for and the impact it will have on our lives.The Government are providing daily updates but many of us remain anxious about various as...
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366 Hits

International Divorce FAQs

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Divorce is often a challenging time for anyone. If there are international aspects to consider, this can add to the stress. Our International Matrimonial Law specialists answer the questions they are most commonly asked about International Divorces:  1. Can I Divorce in England & Wales even if I am not currently living there?& ...
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251 Hits

Surrogacy – hand over the baby

Surrogacy – hand over the baby
More and more people, whether they are in same sex relationships or have fertility issues are choosing to use surrogates to help them have their child. It is not just for celebrities like Kim Kardashian or Elton John; but a real option for many couples who otherwise may not be able to have biological children of their own. We live in a modern world...
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167 Hits

Is it time to update the birth registration process?

Is it time to update the birth registration process?
The days when gender was fixed to either male or female are long gone. There is an increasing recognition that both gender and sexuality can be fluid. The formalities for registering the birth of a child have not yet been updated to reflect the current social and psychological reality of the diverse ways that families now exist. A child born in Eng...
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232 Hits

Advantages of getting a pre-nuptial agreement

Advantages of getting a pre-nuptial agreement
It is often common that married couples buy their first home together with unequal contributions to the purchase price, own assets of value prior to meeting their spouse, or find that their wealth increases during the marriage. Depending on circumstances, such as the length of the marriage and the age of any children, such pre or post marital acqui...
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229 Hits

How third party interests affect divorce proceedings

How third party interests affect divorce proceedings
As life has become more complicated so have divorce and financial remedy proceedings. More and more cases need intervention by a third party who for a plethora of reasons may need to become a party in the financial remedy proceedings. The most common scenario is when a family member has an interest in a property that forms part of the matrimonial a...
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535 Hits

Costly mistakes when couples divorce

Costly mistakes when couples divorce
Divorce is never easy and is an emotional time for all concerned. Don't let your emotions cause costly mistakes.It's all too easy to become embroiled in who is right and who is wrong and lose sight of the long term position. Here are some of the costly mistakes people make when divorcing.Not considering mediation​Mediation can save you thousands of...
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328 Hits

Social Media – Friend Or Foe In Family Proceedings?

Social Media – Friend Or Foe In Family Proceedings?
Social media usage is one of the most popular online activities. In 2019, an estimated 3.5 billion people were using social media worldwide.Almost every client who is involved in family proceedings has a social media profile; we look at the potential implications they could have on the outcome of a case.Almost every client who is involved in family...
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251 Hits

Can you ever force a parent to be a parent?

Can you ever force a parent to be a parent?
Can you actually force a parent to 'be' a parent when they decide that the role isn't for them? We look at the legal side of this debate.A difficult family situation​As a family law solicitor I am often consulted by parents, usually fathers (and so for the purposes of this article I will assume that is the situation), who are determined to continue...
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567 Hits

Happy New Year to Civil Partnerships

Happy New Year to Civil Partnerships
The Civil Partnership (Opposite-sex Couples) Regulations 2019 came into force in December meaning that civil partnerships are now available to all. These new regulations were finally made on 5 November 2019. They came into force on 2nd December 2019 meaning those wishing to enter into a mixed-couple civil partnership can be registered on 31st Decem...
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488 Hits

Getting married abroad, what could go wrong?

Getting married abroad, what could go wrong?
It is reported that as many as one in four couples are now getting married abroad; tempted by more reliable weather, lower cost and a combined ceremony and honeymoon. Whilst a wedding on a white sandy beach seems idyllic, it may not necessarily follow that the marriage is recognised in England. A wedding abroad can cause many pr...
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431 Hits

Child Arrangements over Christmas

Child Arrangements over Christmas
Christmas is nearly upon us and many families have already started preparing. It is an extremely special time of year for children; full of magic and wonder. It can also be a very difficult time for separated or divorced parents who each want to enjoy this special time with their young ones. ​Like any arrangements for children, there are no legal r...
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536 Hits

Planned reform of 'no fault' divorce halted

Planned reform of 'no fault' divorce halted
The planned reform to the divorce process in England and Wales to introduce a way to get divorced without blaming the other party has been halted due to the prorogation of Parliament. This has left many professionals who work in this field and those who have campaigned for change, disappointed. Currently, if a married couple decide mutually that th...
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771 Hits

Wedding laws soon to be modernised

Wedding laws soon to be modernised
Five years since first requested, The Law Commission is now working on proposals to reform wedding laws, aiming to make marriage more accessible and bring the laws in line with the modern couple. The Coalition Government requested a review of the current laws back in December 2014 and the Law Commission undertook a preliminary review and determined...
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424 Hits

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