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Court of Appeal declares findings against father ‘unsafe’

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

Findings of abuse and assault made against the father of three children were unsafe, the Court of Appeal ruled. The children – twin boys aged nine and their 12-year-old sister – saw their father regularly following the breakdown of the parents’ marriage in 2017, regularly staying overnight at his home. But then arguments between the parents began and the 12 year-old refused to continue seeing her father. In June 2019 the father threatened legal proceedings and the mother began to restrict the time the twins spent with the father to daytime visits. The father applied for a child arrangements order:…

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Acrimonious divorce proceedings cost husband millions

By | financial, Law news, marriage, News | No Comments

The acrimonious aftermath of a brief marriage cost a husband millions of dollars, the High Court has heard. Opening his judgement, Mr Justice Peel explained: “The parties were married for no more than about five months, and have no children. They are both in their fifties. Such cases should be easy to resolve. Not so here; the parties have litigated bitterly, at enormous cost and in minute forensic detail for over a year and a half.” The husband in this case was a US citizen, a successful software engineer who worked on the west coast of the United States. Meanwhile,…

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Revised divorce form to provide more information

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A new version of a key form used in divorce has been published. Form D81 is completed and signed by both parties to a divorce once one has applied for a financial settlement that would result in a legally binding ‘consent order’ (so called because each party consents to the agreement). D81 is formally entitled Statement of information for a consent order in relation to a financial remedy – it details each party’s financial circumstances and is used by the family courts to determine whether the agreed division of assets and property is fair and reasonable. The joint signatures also…

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Bill raising minimum age of marriage gets third reading

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A bill raising the minimum age for marriage to 18 received an unopposed third reading in the House of Commons in late February. Under current legislation, 16- and 17-year-olds can marry in England and Wales with the consent of their parents or guardian, but the Marriage and Civil Partnership (Minimum Age) Bill would remove this provision if it reaches the statute books. Following an amendment, it would also prevent under-18s from travelling to Scotland or Northern Ireland to marry. The latter prohibition will also apply in reverse and extend to marriages conducted in other countries too. An official note on…

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