Resolution is a community of family law professionals who subscribe to a Code of Practice to assist working with families and individuals to resolve issues in a constructive way.
The family team at Pinney Talfourd are all proud to be members of Resolution and subscribe to their Code of Practice which has recently been revised.
The ethos of the Code is to encourage families to deal with their issues without conflict or confrontation, to support and encourage them to put forward the best interests of their children first, to act with honesty, integrity and objectivity and to strive to resolve matters so far as it is possible to do so without the need to apply to Court.
A full copy of the Code of Practice can be seen here: http://www.resolution.org.uk/site_content_files/files/code_of_practice_full_version_web.pdf
As part of the campaign, Resolution will be attending Parliament to lobby for a change in the law to include ‘no fault’ divorce and improving the rights of cohabiting couples.
It is never too early to start working with the other parent to sort out which part of the coming Christmas holidays your child or children will spend with each of you.
You always know Christmas is around the corner when the shops start selling cards and gifts, lights go up in offices and shops - even though it is only the second week of November!
If your child or children live with their your ex spouse or ex partner, then it is never too early to start working with the other parent to sort out which part of the coming Christmas holidays your child or children will spend with each of you.
It’s a good idea to try and share the time equally and alternate from year to year, especially when your children are young, so that as the years go by, you can both enjoy the experience of waking up on Christmas morning and opening their presents with them. It will always be best for your child or children if you can agree this without the need for the Court to get involved.
However, if you cannot agree on a schedule of time that your child or children will spend with each of you, you may need to apply to Court for an Order, which is now called a Child Arrangement Order (we no longer use the phrases ‘access’, ‘contact’, ‘custody’ or ‘residence’ when talking about children), though save in limited circumstances you must at least try and reach an agreement through mediation otherwise you will not be able to apply to the Court for a Judge to sort things out.
When a financial settlement is reached in divorce proceedings it is important that this is recorded within a consent order. This will ensure that all claims that both parties can make against the other are fully resolved and the terms are embodied within the consent order. Once approved and sealed by the court they become enforceable upon Decree Absolute (final decree) being granted.
Therefore if one party refuses to comply with the implementation of the order the other party can apply to the court to seek enforcement and the application can include asking the court to make an order for costs against the offending party.
It is therefore beneficial to both parties that a consent order, to reflect all terms of a full and final settlement, is put in place before Decree Absolute is granted.
Without this neither party are protected. Either party could apply to the court for a further order in relation to the matrimonial finances even if the parties have already agreed to the division of net proceeds of sale or a transfer of the marital home to the other party.
Currently in England both men and women, or shall we say girls and boys, can marry at the age of 16, with their parent’s consent. Many will say this is far too young to marry with or without the consent of a parent. Quite often, young people who marry at the age of 16 miss out on educational opportunities, particularly where they reach the age of 16 before finishing secondary education, in those cases some do not even finish the school year and take their GCSE’s.
There is a private members Bill currently going through parliament to raise the age of consent to marry or enter into a civil partnership, for both men and women, to 18 years old.
The Marriage and Civil Partnership (Minimum Age) Bill received its second reading in the House of Lords on Friday 21st October 2016. At this stage there will have been a general debate on all aspects of the Bill. The date for the next stage, the committee stage, at which there will be a line by line reading and examination of the Bill, is yet to be announced.
This Bill was introduced to parliament by Baroness Tonge and concentrates on the problems in marriages of young persons between the ages of 16-18. The Bill also seeks to create an offence of causing a person under the age of 18 to enter into a marriage or civil partnership, which is in line with The Anti-social Behaviour, Crime and Policing Act 2014 which made forced marriage a criminal offence.
It is hoped that the Bill will assist in preventing forced marriages, particularly in circumstances where young people marry between the ages of 16-18 with their parent’s encouragement and, so as to not disappoint their family, these young people go along with the marriage consensually regardless of their own wishes/feelings. If this Bill is passed, these marriages will be no more.