Out with the old and in with the new!

By | divorce, News | No Comments

This week we are taking a look at recent changes introduced by Her Majesty’s Court and Tribunal Service (‘HMCTS’) to the application form (petition) for divorce, dissolution or judicial separation.  The new form was published on 7th August and will replace the old form for all new applications from 4th September 2017. Practitioners and the public do need to ensure the new form is used from 4th September or run the risk of their application being returned. So, what has changed in the form? In short, the new application form is far more user friendly and informative than the old…

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Equity vs equality – the sharing principle and fairness in short marriages

By | divorce, financial, News, the family courts | No Comments

This week we thought we’d look at the application of the ‘sharing principle’ following an interesting development in the law in the reported decision of Mr and Mrs Sharp. The case involves a couple in their mid-40s, worth around £6.9M. They did not have any children. The wealth was largely generated through substantial bonuses paid to the wife during the marriage. At the outset of their relationship the couple earned relatively similar amounts (c.£100k p.a.) and later, the wife received bonuses totalling c.£10.5M over the course of their 6 year marriage (including 18 months of pre-marital cohabitation). As is commonly…

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International Divorce Arbitration – a new scheme

By | divorce | No Comments

As followers of our blog will know, we’re big fans of out-of-court dispute resolution at CFLP. Where we can help families keep their dispute away from court, we try to do that using our skills as collaborative practitioners, mediators and negotiators.  We offer advice during arbitration and Simon Bethel acts as a qualified arbitrator for children matters (link to our announcement here).  The launch of a new arbitration scheme for international divorce has recently caught our attention. Many international families find at a time of relationship breakdown that two or more countries can deal with issues regarding their family. Whilst…

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Grief and conflict in divorce

By | Children, divorce, News, the emotional side | No Comments

When a significant relationship or marriage ends, there is almost always loss and grief. This is true not just for people to whom the separation comes as a shock, but also for those who instigate the end, and for those for whom it is a truly mutual decision reached after a great deal of thought and consideration. Even for those whose relationship may have been objectively abusive or dysfunctional, and for whom the end of the relationship may come as a relief, there is a void afterwards: a lack of something that was there before, a loss of what you…

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