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…
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.
Once the tinsel has been removed, the tree taken down and the last of the leftovers eaten, the end of the Christmas period can bring a hard realisation to the troubles that may have been hidden in the rush of preparation. New Year – New Beginnings The stresses of the Christmas period often stem from…
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.
With parents and grandparents looking to help their grown up children in whatever way they can, it has become increasingly common for first time buyers to turn to the ‘Bank of Mum and Dad’ (or Grandma and Granada) for help in raising the required mortgage deposit. Indeed according to the Council of Mortgage Lenders around 80% of first-time buyers aged under 30 are receiving some form of financial help from their parents.
Aiming to reduce the number of Court battles between divorcing couples, new proposals being introduced by the Law Commission are set to enshrine prenuptial agreements in law. The changes are set to revolutionise the divorce process in England & Wales, with couples being able safeguard their assets in the event of a relationship breakdown. The…
A recent report by the National Housing Federation stated that those born in the 1980’s face an uphill struggle to buy a home. Soaring house prices over the past decade and the strict lending requirement for a deposit of at least 10% (or 5% with the government’s ‘Help to Buy’ scheme) mean that according to…
There were reports in the press last week that a British woman tried unsuccessfully to sue her former solicitors for negligence due to the fact that they failed to advise her that finalising her divorce would inevitably cause her marriage to end. The response from the general public on Twitter and other online channels seems…
The debate about whether or not it is right for a parent to smack their child has once again hit the headlines following Mary Berry’s recent comment that she used to smack her children with a wooden spatula. The argument will no doubt rage over the news/blogs and local radio stations but this issue has…
Earlier this month a judge said he could not nullify the marriage of a teenage mother, despite the fact she claimed she was forced, at gunpoint, to marry a 24 year old man when she was just 14 years old. Despite the fact that her marriage could not be recognised under English Law, the judge…
I had a meeting with a new client this week which brought the bitter reality of a couples’ separation and the impact it has on their children, sharply into focus.During that first meeting, the recently separated wife held her emotions in check, giving me succinct, detailed information about her marriage and the family finances right…
Earlier this week the BBC ran an article on figures from the Legal Ombudsman which revealed that legal advice on divorce prompts the most legal complaints. According to the Ombudsman some 18% of the complaints resolved relate to marital break-ups. As a Partner in the Family department here at Linder Myers I obviously find the…
Family Law practitioners all over the UK will have been busy digesting todays landmark decision of the Supreme Court in the matter of Prest v Petrodel Resources Limited and considering whether to review the advice given to their divorce clients who own a company. Until today’s decision, Family lawyers could be relatively confident in advising…
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