Financial Remedy (divorce settlement) What does the court consider?

When determining the appropriate financial remedy orders during a divorce, several key factors need to be considered by the court:- 1. Financial Needs: Each partner’s financial needs and obligations must be assessed, including housing, childcare, living expenses, and any debts or liabilities 2. Income and Earning Capacity: The current and potential future income and earning…

Navigating Divorce with NjP Solicitors: Unbiased Guidance and Support for a Brighter Future

Divorce is an emotionally challenging and complex process, affecting not only the couple but also their children. At NjP Solicitors, we understand the unique difficulties you face during this trying time. With a team of experienced divorce solicitors boasting over 25 years of expertise, we provide unbiased guidance and unwavering support to help you navigate…

What is a Child Protection Plan?

As a parent, you may find your child made subject to a Child Protection Plan by the local authority. But what is a Child Protection Plan, and what does it mean? Local authority’s duty to investigate To start at the beginning, the local authority has a duty to investigate where they have reasonable cause to…

New drive to speed up care proceedings

It is obvious that any court proceedings relating to the welfare of children should be dealt with as quickly as possible. This is recognised by the very first section of the Children Act, which states that: “In any proceedings in which any question with respect to the upbringing of a child arises, the court shall…

What is a non-molestation injunction, and how can it protect me?

If you are the victim of domestic violence or abuse then the best way to protect yourself from further abuse will usually be to apply to a family court for an injunction. An injunction is a court order requiring a person to do, or to refrain from doing, certain acts. A domestic violence injunction will…

Court removes child from care of alienating parent

It is not uncommon in parental disputes over arrangements for their children for one parent to allege that the other is alienating the children against them, in an attempt to stop them having contact with the children. Obviously, such behaviour is quite wrong, adversely affecting not just the alienated parent, but also the children themselves,…

Keeping children disputes out of court

When parents separate they obviously have to sort out arrangements for their children, in particular, how much time the children should spend with each parent. And obviously if they are unable to agree arrangements they can apply to the Family Court for a child arrangements order, whereby the court decides with whom the children should…

Doing your own divorce? Why you still need to take legal advice

As you may be aware, a new system of no-fault divorce was introduced on the 6th of April. And it seems that the idea of divorcing without blame is popular. Figures recently published by the Courts Service showed that 12,978 new divorce applications were issued in April, compared to 8,729 in the same month last…

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…

No-Fault Divorce is here!

After many years of campaigning for it, and months of waiting for the new law to come into effect, we finally have a system of no-fault divorce in England and Wales. But what exactly does this mean? New system, new terminology The first thing to understand is that with the new system comes some new terminology. Firstly,…

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…

How do I go about changing my name?

Many people want to change their name at some point in their life, for many different reasons. It may be, for example, that a divorced woman wants to revert to her maiden name, that someone wants to take the name of their partner, or simply because someone doesn’t like the name they were given at…

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…

Is everything divided equally on divorce?

For most people getting divorced their biggest concern will be what share of the matrimonial assets they receive. And as with so many things, there are a lot of misconceptions about how the law divides assets on divorce. One misconception is that everything is always divided equally. Whilst there is some truth in this, the…