Category

divorce

Supreme Court considers maintenance law

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The Supreme Court has dismissed an appeal against a ruling that the English courts had the authority to order him to pay maintenance to his ex-wife. The couple had married in England in 1994 before moving to Scotland. When they separated in 2012 the wife returned to England. The following year she filed for divorce in the English courts. But when the husband filed his own petition in 2014, the divorce was officially allocated to the Scottish courts because the couple had lived north of the border throughout their marriage. The wife agreed to drop her own divorce petition and…

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Radical Divorce Bill Awaits Approval

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The radical Divorce, Dissolution and Separation Bill completed its passage through both Houses of Parliament this week and is now awaiting Royal Assent, the final stage in the creation of new legislation. The key change introduced by the legislation will be the removal of the current requirement to cite one of five ‘facts’ or reasons when applying for a divorce. These are: Adultery Unreasonable behaviour Desertion Two years’ separation by agreement Five years’ separation without agreement The requirement to cite these facts has been a bone of contention for decades, with lawyers and campaigners arguing that attributing fault in four…

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The number of couples citing adultery has a reason for divorce has dropped by 50% in ten years

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The number of couples who cite adultery as a reason for divorce has dropped sharply since 2008, according to new figures from the Office for National Statistics (ONS). In that years 20,765 divorce petitions made that claim, but by 2018 the figure had fallen to just 9,205. The 2008 figure was itself a significant fall, from the no less than 36,310 who cited adultery in 1998. Retired High Court Judge Sir Paul Coleridge, who established campaign group the Marriage Foundation in 2012, said the continuing drop suggested a social shift had taken place. “I think people are more grown up…

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Mother awarded compensation for stalled career in divorce proceedings

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A former solicitor who gave up work to become a full time mother has been awarded compensation of £400,000 in her divorce proceedings. The award – recompense for the salary she would have earned had she continued her legal career – was in addition to an equal share in the couple’s substantial overall assets of £10 million. At a private family court hearing, Mr Justice Moor explained that the wife had taken primary responsibility for the couple’s two children while her husband, also a solicitor, had focused on his career. The Judge insisted that the case should not be seen…

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