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FAQ

Fathers should have ‘equal access’ to children, YouGov survey reports

By | Children, FAQ, News, the family courts | No Comments

The majority of Britons would support a change in the law so that children spend equal amounts of time with both parents by default, according to a new survey. Welsh campaign group Families Need Fathers Both Parents Matter Cymru commissioned polling firm YouGov to survey 2,000 adults in different parts of the country. More than 80 per cent agreed with the statement that the law should be changed so family courts start with the assumption that children should spend equal amounts of time with both parents following divorce or separation, unless the children would be at risk in such an…

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What happens if you lose your job during divorce?

By | divorce, Divorce myths, FAQ, financial, the family courts | No Comments

There are few times in life when your finances will come under greater scrutiny than during divorce. In order to negotiate a fair financial settlement between you and your former partner, it is necessary to declare your income in full, along with all your financial assets, on the famous Form E, a document that anyone who has been through a divorce will recall vividly. But what happens if financial disaster strikes during this complex process? What happens, in short, if you lose your job – or your spouse does? Finding oneself unemployed is always a stressful event –your life has…

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Government to consult on ‘no-fault’ divorce

By | divorce, Divorce myths, FAQ, Law news, marriage, News | No Comments

In recent months, the government launched a consultation on ‘no-fault divorce’, calling for the existing fault-based system of establishing marriage breakdown to be abolished. This follows the highly publicised Supreme Court decision in Owens v Owens [2018] UKSC 41, where a wife of 40 years was refused a divorce due to ‘flimsy and exaggerated’ examples of unreasonable behaviour. At present, a person can only petition for divorce on the basis that their marriage has irretrievably broken down, and this must be supported by one of five ‘facts’: Unreasonable behaviour by the other party Adultery by the other party Desertion by…

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Habitual residence and child abduction – where are the boundaries?

By | Children, FAQ, Law news, News, the family courts | No Comments

When a child is taken by one parent to a foreign country away from their other parent, emotions will always run high and the law will often be complex. Recently the BBC attempted to explore the legal minefield that is international child abduction law by covering the story of Tracy, whose daughter had been taken by her father, a Czech citizen, from Bradford to the Czech Republic. In the programme the BBC suggested that: ‘Under the Hague Convention, which governs cases of child custody waged across international borders, a child’s base is considered to be the country in which he…

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