Help With Mediation for Divorce and Separation
Separating couples considering family mediation sometimes worry that what they say in mediation or other matters relating to the mediation process will be reported to the judge if the mediation doesn’t work. Whilst not unusual, this worry is ill founded. Mediation is a private process which is one of its main principles. Accordingly, a judge… Read more »
HM Courts and Tribunals Service are making changes in the way they work following the Crime and Courts Act 2013 which enabled legal advisers to deal with applications for uncontested decrees nisi of divorce and with directions for trial. Before it was District Judges who did this work. The country, this is England and… Read more »
From 6 April 2015 those aged 55 and over with a defined benefits pension will be able to access all of their pension savings. Before then this was limited to 25%. There is a government website which gives information to help you to understand your options and obtain guidance www.pensionwise.gov.uk That site provides guidance… Read more »
A recent case, decided by the Supreme Court, Wyatt and Vince, has allowed a wife to make financial claims after separating in 1984 ( 3 years after the marriage) and 18 years after their divorce. During the marriage the parties had no money and after separation neither had money for some time. They had a… Read more »
Where parentage is disputed DNA testing can be used and is very effective. The dispute is often about who is the father of the child. However, the cost of paying for the tests is expensive and has often stopped parties using this service which frequently results in longer court cases. Examples of where these disputes… Read more »
Justice Minister, Simon Hughes, has announced that children aged 10 and older will have an opportunity for their views and feelings to be heard by a judge in proceedings that concern them. No detail of how this will work in practise has been announced except that this initiative is to be implemented as soon as… Read more »
On 30 June 2014, a new system aimed at ending the Child Support Agency over the next 3 years, comes into force. Applicants for child maintenance will have to pay a £20 fee to the Child Maintenance Service and there will be financial penalties of up to £300 for payers who try to avoid payments…. Read more »
At present pre nuptial agreements can be taken into account by courts but are not legally binding. Should married couples be able to agree, in advance of problems, how their property and other assets should be divided when they divorce ? If so, should there be any limitations ? For example, how should the future… Read more »
Following the government abolishing legal aid for most family court applications about children, finances and property, there have been many more people going to court unrepresented. They are called Litigants in Person (LIPs). As they have no legal training they often do not know the court procedures and what facts are relevant in law. This… Read more »
After a long passage through parliament, today, 13 March 2014, the Children and Families Bill received the Royal Assent, hence becoming law. Amongst it’s many provisions, it provides that parties wanting to go to court over disagreements concerning arrangements for their children and finances, MUST first obtain information about family mediation. This will usually involve… Read more »