Divorce Guide: The Basics

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In England and Wales there is only one ground for divorce: that the marriage has irretrievably broken down. Unfortunately the system is based on fault, that is, having to make an allegation against the other party to the marriage. This one ground for divorce can only be proved in one of 5 ways: for an… Read more »

Divorce Court fees Increase

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Some other court fees connected with divorce have also increased. To defend a divorce petition, called an Answer, costs £255. To obtain the final document which legally finishes the marriage, called a decree absolute, costs £45. If financial arrangements are agreed, to obtain an agreed order, called a consent order, costs £45. Depending on your financial position… Read more »

Is Modern Fatherhood a Myth

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The media seem to have been telling us that modern fathers now play a large part in sharing the time it takes to care for their children. But is it true? Are fathers playing equal time in looking after their children? In his new book, Gideon Burrows, who does share equal care of his children,… Read more »

Shared Parenting

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Following completion of its public consultation on its response to the Family Justice Review, the Government has published its plans on shared parenting, which are contained in the Children and Families Bill 2013. This includes a clause, amending the Children Act 1989, so that a court will have to presume, unless the contrary is shown,… Read more »

Family Mediation: Some Basics

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Mediation is voluntary. It is not unusual for one party to be keen to mediate but the other refuses to attend. If that happens then family mediation cannot go ahead. Some people think that mediation can be forced on you by a court. This is wrong. A court does not have that power. However, a… Read more »

Help for separating parents

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The Government has launched a web app, “Sorting out Separation”, to help separating parents make arrangements for their children and other matters arising on separation. Amongst its many sections the app has a section on Family Mediation. At the same time a YouGov poll was published concerning parents access to help when separating. This is important as… Read more »

Should the Law give Rights to Cohabiting Couples who Break Up?

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Many people believe that cohabiting couples who break up have legal rights against each other: the so called “common law husband and wife”. In fact this is a myth as they have no rights based on the fact of their cohabitation. In 2007 the Law Commission (an independent body which reviews the law of England… Read more »

Family Mediation Information and Assessment Meetings

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The government believe that mediation is often a better way of resolving disputes about arrangements for children or finances following relationship breakdown. This does not just apply to the couple concerned but could include other family members such as grandparents. In order to encourage anyone wanting to apply to the court for an order relating… Read more »

Can You Use a Company to Hide Assets in Divorce

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On a divorce a court can look at all the assets owned by the parties to the marriage. Amongst other types of order, a court can order one party to transfer an asset he or she owns to the other party. Sometimes what are owned are shares in a company and the company itself owns… Read more »