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Tricia Ashton

Chasing child maintenance when your ex lives abroad

By | Children, FAQ, financial | No Comments

If you are separate from, or divorce, your partner, you may receive spousal maintenance from them: ‘alimony’; as it’s termed in the United States. Then again, you may not: it’s all down to personal circumstances. Whether you do or do not will depend on your individual circumstances, but if you have children, and they live with you following the separation, then the situation becomes much clearer: there will be no questions about you right to receive child maintenance payments from your ex. The provision of financial support is a legal obligation placed on all biological and adoptive parents. But the…

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Divorce linked to family history

By | divorce, Law news | No Comments

A person’s genetic background may influence the likelihood of them getting divorced, according to a joint US-Swedish study. Researchers from Virginia Commonwealth University in the United States and Lund University in Sweden examined data concerning nearly  83,000 individuals. Previous studies had shown that the children of divorced parents are more likely to get divorced themselves in adulthood but researchers had been assumed this was due to learned behaviour. To try and shed further light on the causes, the US-Swedish team compared the marital histories of adopted children in their data to that of both their adoptive and biological parents. Lead…

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Court fee refunds now available

By | Law news | No Comments

The Ministry of Justice has launched a service allowing litigants who paid court fees between April 2014 and March 2018 to apply for refunds. A review in 2018 concluded that some litigants in the family and other civil courts had been overcharged during that period, with fees set above the actual costs incurred by the judicial system. The scheme applies both to overcharging and wholly erroneous fees. The Ministry noted: “As part of our ongoing improvements we are making to the justice system, we will continue to annually review the level at which court fees are set, including the methodology…

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Lawyers ‘can act for both parties in divorce’

By | divorce, the family courts | No Comments

There is no conflict of interest in helping both parties in a divorce reach a financial agreement, a High Court Judge has declared. In JK v VK & Another, Mr Justice Mostyn considered the case of a younger couple who sought a clean break divorce (one with no possibility of future obligations) after a marriage of just two and a half years. They approached an online divorce service specialising in joint financial agreements (legally termed ‘consent orders’). However, one such joint order was queried by a regional Judge, who suggested that it might constitute a conflict of interest. Traditionally, although…

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