The following articles are designed to help visitors understand aspects of Family Law.
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Since the publication of our previous article, “Whose Fault is Divorce?” notable progress has been made in relation to updating the law governing divorce. This follows substantial criticism of the current law, which requires proof of one of five ‘facts’ in order to demonstrate that the marriage has ... Read More >>
Just as soon as it was back, it was gone again. The Divorce, Dissolution and Separation Bill, originally introduced by Theresa May’s government, was lost when the Queens Speech was called in September, then reinstated, then lost again to the general election. It is now unclear whether this ... Read More >>
The Real Alternative to Court Family Arbitration After the breakdown of a marriage, there are five ways to resolve financial, proprietary and child maintenance disputes: mediation, collaboration, direct negotiations, taking the case to court and, possibly least common, Arbitration. This is an ... Read More >>
Both the childrens' needs and the needs of the spouse looking after them have a priority, but the judge takes into account the other spouses needs also, although these may be postponed in favour of the spouse with the children. It is also an important factor as to how much contact each parent ... Read More >>
Pre-marital assets Courts usually take them into consideration if the marriage is short (usually under 6 years, this is a rule of thumb) and no children. But otherwise they are difficult to ring fence. Can I take my heirlooms passed onto me in my family? It could be possible to take specific ... Read More >>
While our job is first and foremost to promote or defend their client’s interest, I was always aware that this does not necessarily mean opposing your opponent at every turn. The best result will often be negotiated rather than “won”. That said, it was still a bit of a surprise to see the level of ... Read More >>
Pre-Nuptial or No-Nuptial The prime motivation behind getting a pre-nuptial agreement after protecting a family asset is simply to make sure that in the event of a divorce things go smoothly and all the fuss is taken out of the divorce process. However, there is perhaps not enough thought given to ... Read More >>
To Have and to Hold (On Trust) Pre-nuptial agreements are given weight There can be few areas of family law that generate so many column inches and yet are so niche as the preparations of pre-nuptial agreements. Since Radmacher v Granatino was finally decided in 2010 in Ms Radmacher’s favour, ... Read More >>
Presumption of Shared Parenting? Fair or not, accusations that the family courts are biased towards women are nothing new. Organisations like Fathers 4 Justice promote an idea that courts will necessarily side with the mother in a disputed residence or contact hearing. While it is true that the ... Read More >>
Prenuptials are delicate and emotionally tied, coming usually at a time of great stress mixed with wedding plans and family pressures. From my experience, I give the following tips. How to introduce the prenuptial subject The intention is to protect assets which have been given to you or ... Read More >>
