How an occupation order can protect a victim of abuse
A victim of domestic abuse may obviously live with the perpetrator of the abuse, whether they are married to them or not. Clearly, continuing to live with an abuser will leave the victim at risk of further abuse. In such circumstances the victim will need protection from the abuser, by having the abuser physically separated…
Who has the contents of the matrimonial home?
When a couple divorce then obviously one or both of them will leave the former matrimonial home. What should happen to the home will of course have to be decided, but who has its contents? It is an important issue. At least one of the parties will have to rehouse themselves, and unless they move…
Pensions on divorce: why it is vital to take advice?
When a financial settlement on divorce is decided upon all financial assets of both parties are taken into account. Most of those assets, and their values, are obvious, or at least relatively easy to ascertain, such money in a bank account, or the former matrimonial home. Shrouded in mystery But there is one type of…
I have no money – how can I afford to get divorced?
For many people whose marriage has broken down the prospect of separation and divorce is clouded in financial uncertainty. They may have little or no income of their own, being reliant upon their spouse for financial support. How will they be able to manage without that support? They may want to take divorce proceedings, and…
What will happen to my home when I divorce?
Divorce potentially puts your entire life in the balance. Suddenly, almost everything about your life could change. And from a material perspective perhaps the biggest thing of all is where you will live. What might happen to your home, and where you will live after the divorce, is one of the biggest concerns for anyone…
Am I entitled to have my children spend half their time with me?
When parents separate they obviously have to make arrangements as to how much time their children spend with each of them. Hopefully, they will be able to agree arrangements, but in order to do so they need to know how the law approaches the matter. Parents often have preconceptions as to how the law works,…
How the courts deal with abuse allegations in children cases
It is sadly common that allegations of domestic abuse are raised by one or both of the parties in proceedings between parents over arrangements for their children. Perhaps the most common scenario is where the children live with their mother, their father is applying to the Family Court for contact, and the mother alleges that…
High Court confirms discussions in mediation are private
Mediation is used by many separating couples as a means of resolving disputes over arrangements for children or finances. To assist the process of mediation the couples are encouraged to speak freely and, in particular, to put forward proposals aimed at settling the dispute. But this can mean that they may say things in mediation…
Occupation of the matrimonial home after separation – should the party in occupation pay rent?
Wife does not have to pay rent
Occupation of the former matrimonial home.
Is the judge dealing with my case biased?
Concerns about biased judges are often raised in family law. It may, for example, be a concern that a judge dealing with a financial remedy claim on divorce is biased in favour of husbands or wives, or that a judge dealing with a children case is biased against fathers or mothers. General concerns about judicial…
How writing your own statements can jeopardise your case.
Representing yourself at court? Is it wise to draft your own statement? Since legal aid has been limitedly available since 2013, many people are representing themselves at court. The only benefit for people representing themselves is that they save on legal fees. There are many potential pitfalls for people representing themselves, one of which is…
What is parental alienation?
What is parental alienation? When parents separate sometimes a child may resist or refuse to spend time with the non-resident parent. There is no single definition in law with regard to what parental alienation is. Cafcass recognise parental alienation as “When a child’s resistance or hostility towards one parent is not justified and is…
Are Social Services involved with your children?
Are Social Services involved with your family? if so, please watch this video.
Should I represent myself at court?
There is so much pressure on the court system with Judges hefty caseloads that it compelled Sir Andrew Macfarlane to speak about this in the Guardian recently. A review will be launched on the current system and we look forward to reading it. Since the changes in accessing Legal Aid in 2013 there have been…
We’re separating but not divorcing yet. How can we stay protected?
There are occasions when couples separate but don’t wish to or can’t instigate divorce proceedings. They may want to delay the legal process, have hopes of a reconciliation, the marriage may have lasted less than a year or it may not be possible to prove any one of the five reasons necessary in providing grounds…