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FAQ

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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On the value of legal representation

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

The status of legal representation has recently appeared in the news, again. Readers of our blog might already be aware that since LASPO (the Legal Aid, Sentencing and Punishment of Offenders Act, 2012) when Legal Aid was largely removed for family cases, more than a third of all family court proceedings feature unrepresented parties (litigants in person) on both sides with many more family hearings where one party is represented and the other is not. Huge numbers of litigants are having to find their way through the minefield of law and procedure rules without legal assistance. Problems arise for all…

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It’s snowing! Let’s talk about Freezing Orders…

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

Most separating couples will sort out the fair division of their assets on divorce by agreement however this is not always the case for everyone. Unfortunately, there are situations where an individual considers hiding or disposing of their assets, in an attempt to minimise the resources that they must share with their spouse. Unsurprisingly, the law says that the parties to a divorce must be totally honest and transparent when disclosing the full extent of their resources because, without all the facts, it is impossible to determine a truly fair financial settlement. If a spouse is tempted to hide assets…

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