A question our family team get asked a lot is: can I still get divorced if my husband/wife doesn’t want to? And the answer, which surprises many, is yes. When beginning the divorce process, the party instigating the divorce (known as the petitioner) will be required to state the reason for the breakdown of the…
A new Bill is set to end the ‘blame game’ experienced by divorcing couples. The Divorce, Dissolution and Separation Bill was first introduced back in June 2019, but came to a standstill due to Brexit discussions and the UK General Election. The proposed Bill is now expected to receive Royal assent imminently, and aims to…
As the Covid 19 lockdown begins to slowly ease, the unfortunate reality is that not all marriages and relationships will be coming out the other side – with divorces sadly expected to rocket in the coming months. Some families may have enjoyed the ‘strange new reality’ of being together all day everyday. You’ve most likely…
Can I still start divorce proceedings whilst there is a “lockdown” or do I need to wait until the restrictions are removed? You can still start divorce proceedings now if you have decided that your marriage has broken down. All our divorce cases are started using either the post or online services and in the…
Police forces and charities across the U.K have warned of a potential spike in domestic violence cases during lockdown. With families spending an increased amount of time in a confined area, there is a higher violence. There are many people, whether they realise it or not, who are in abusive relationships. The current definition of…
COVID-19, or coronavirus, has affected almost every aspect of life – and family law is no different.
Most people have heard of premarital agreements, also known as prenuptial agreements/prenups, usually in relation to a celebrity marriage breakdown in tabloid news. Although typically perceived as for celebs or the very wealthy, people of all means have started to understand the benefits and take action themselves, with an increasing number of couples wisely putting…
The new year brings a new start for many, but unfortunately for some things to start anew something has to end. January is widely known to be the month where many married couples seek to begin divorce proceedings; so much so that first working Monday of the year has been dubbed ‘Divorce Day’. Regardless of…
The Supreme Court ruled yesterday that a woman trapped in a ‘loveless marriage’ must stay married to her husband because he will not divorce her.
Divorce or separation can be a time of heartache and conflict, but there are occasions where couples mutually agree that their marriage is over. Sadly however, current divorce law makes an amicable separation difficult by forcing couples to place blame on each other unless they can wait two years to process their divorce.
According to a recent report in the Telegraph, more men than ever are receiving generous payouts from the divorce courts, with some also securing ongoing monthly maintenance from bread-winning wives.
This is likely to be an increasing trend, with women earning higher salaries and often being the main earner in a family. The Institute of Public Policy Research states that for 1 in 3 UK families, it is the wife who is the higher earner.
Relationship breakdowns are often more challenging where there are children to consider. The children rarely understand why their parents must live apart and have difficulties themselves coping with the changes. Resolving issues such as where your children will live and how you’re going to care for them now you are separated can be a minefield.
The potential complexities surrounding childcare have featured heavily in the media as, following his recent and very public split from Angelina Jolie, actor Brad Pitt is seeking joint custody of their six children.
This month, a new power came into force enabling the courts to make female genital mutilation protection orders.
This means that potential or actual victims of female genital mutilation (FGM) can now apply to the Family Courts for a protection order to ensure the necessary steps to guarantee their safety. This includes preventing girls being taken abroad to undergo FGM and the surrender of travel documents and passports.
As well as the girls themselves, other people who can apply for an order include the Police, Local Authorities, teachers, family members and friends.
Recent years have seen visible campaigns to drive more individuals and couples wishing to become parents to consider the adoption route.
From the beginning of May 2015, the £19.3 million Adoption Support Fund became available nationwide however, it has been reported that the number of babies made subject to special guardianships, and therefore placed with extended family members, friends or foster parents rather than adopters, has tripled.
Adoption has changed. As same sex couples gain the right to marry, and England and Wales allowing single people to adopt, there are more prospective adopters waiting to start or grow their family.
Couples who finalised their divorce before 2000 should take immediate measures to protect their share of any pensions or suffer significant losses advise family specialists at Linder Myers Solicitors.
Under recent pension reforms couples who were divorced before pension sharing orders became widely used are exposed to the risk of their ex-partner withdrawing their entire pension from the age of 55 – including any share provided for them as part of an earmarking order.
Family specialist Colin Davies, a partner at Linder Myers Solicitors, will be presenting a seminar tackling the issue of forced marriage at an event hosted by the Association of Asian Women Lawyers.
Taking place at JMW’s offices on Byron Place on 25th November between 5.30pm – 7.00pm, the seminar will cover the scale of the issue in this country and victims’ legal rights in such circumstances.
Leading family judge Sir James Munby has indicated that there may be further radical changes to the way in which divorces are dealt with in the UK questioning the need for the courts’ involvement and pushing for reforms to remove the current fault based system.
The announcement, made during a conference in Wales, criticised the Government which according to Munby, ‘has failed to act’ on making the changes which, in his view, are ‘desperately needed – have been desperately needed for at least 40 years’.
A recently published report by national counselling service Relate has found that many couples are only staying together because they can’t afford to go their separate ways.
The Relationships, Recession and Recovery report also found an increase in the number of cases of domestic violence indicating that the stress of financial pressures is placing a significant strain on some couples and escalating to physical abuse.
Tom Wordsworth, a paralegal in Linder Myers Solicitors’ family team in Chester, recently took part in the Ice Bucket Challenge, the high profile charity fundraiser in aid of The Motor Neurone Disease Association.
The private client and commercial law firm co-ordinated colleagues across its five locations including Preston, Lytham, Manchester and Shrewsbury, to raise money for this charity and Macmillan Cancer Support with participants including trainees through to senior equity partners taking part across the business.
A new independent study published by the University of Exeter has shown that a staggering 45% of those surveyed in England and Wales were completely unaware of the options available to them to help dissolve their marriage out of court.