Divorce And Family Articles
BREAKING NEWS - The Divorce, Dissolution and Separation Bill, which aimed to bring in a system of no-fault divorce, has also been automatically dropped as a result of the Prime Minister proroguing Parliament.
In this article we look at divorce and separation from the children’s perspective and consider ways to limit the impact of this life-changing event.
Have the winter blues got you thinking about planning your summer getaway? With January finally out of the way, weekend plans are filling up and many families are turning their attention towards this year’s summer holidays.
James Haworth, Head of Family Law at Lawson-West Solicitors reflects on the events of 2018, what we learned and how they will shape Divorce Law in the year ahead.
Lawson-West Solicitors are thrilled to be involved with the Leicester Business Festival 2018, the region’s largest business event. The Leicester Business Festival is an annual, two-week festival incorporating hundreds of free business events staged by local organisations within the local vicinity.
Separating isn’t a decision that is taken lightly. Whether it was your decision or your partner’s you’re still likely to experience a rollercoaster of emotions. Married or not the consequences can be equally difficult.
The Government has announced plans to reform divorce laws, something that hasn’t been updated in 50 years despite colossal changes in modern society. In the past 50 years there has been a sharp rise in the number of marriages ending in divorce and the process is often unpleasant for those involved. Considered ‘archaic’ the reform is being welcomed by many.
The recent case regarding an unmarried mother of four’s right to receive this allowance has highlighted the difference in the rights of cohabiting, unmarried couples compared to those of couples who are married or in a civil partnership.
‘Schools out for summer’ is music to the ears for school children, less so for parents however. The prospect of having six weeks off school is really exciting but for parents, particularly separated ones, it can be a logistical nightmare. Juggling work commitments and child care arrangements can be a balancing act and when there is an ex-partner involved the level of complexity can often increase some more.
Since 2005 same sex couples have been able to form civil partnerships and in 2014 were granted the right to marry. Heterosexual couples can marry but cannot form civil partnerships and there is a call for this to be changed.
This week there has been a momentous breakthrough leading to a possible change, away from marriage. A heterosexual couple have won their legal bid for the right to have a civil partnership instead of marriage.
The Office for National Statistics published a review in 2017 which revealed that the number of unmarried couples living together has more than doubled from 1.5 million in 1996 to 3.3 million in 2017. This makes households of cohabiting couples the second largest family type in the UK, and the fastest growing. If this applies to you, it is important to know exactly what legal rights and entitlements you have.
Does divorce law need updating?
Divorce Law in England and Wales is now over 50 years old. Couples seeking a divorce must spend at least two years separated or one must blame the other for the breakdown of the marriage citing either the adultery or the unreasonable behaviour of the other. Even if both parties agree that the relationship is over, a divorce cannot be obtained on the basis of “irreconcilable differences” as is often thought. So even in those circumstances if a couple wishes to avoid waiting two years from the date of separation before commencing divorce proceedings, one must blame the other.
At Lawson-West our Family Law team deal with a variety of cases that vary in complexity and cost. The following case study is based on a separation where one party earns considerably more than the other, it looks at what factors are important when considering the division of matrimonial assets and in this case, how they are divided.
With the first school holiday of 2018 having already taken place, and the Easter break approaching quickly, many parents may be planning their next holiday with their children. But, when parents have separated this may not be an easy task. Consideration needs to be given to how much time the children will spend with each parent which can often lead to disagreements.
By instructing Lawson-West to deal with your divorce or separation you know that you are going to receive the very best legal advice and representation from a team with a combined 50 years’ experience.
At Lawson-West we understand the sensitive nature of divorce and separation, especially when children are involved. Despite a divorce ultimately being between two people, we believe where children are involved they must come first.
Depending on the age of the child, their awareness of the situation and understanding of the outcome is going to vary massively. Trying to get your own head around what is happening might seem difficult enough, but you must remember the children are equally affected by what is going on too and you need to put their needs first.
The breakdown of a relationship isn’t something people really want to think about, but with 42% of marriages ending in divorce, this is a reality for a lot of people.
If the worst was to happen, and you and your partner were unable to reconcile, the next step is seeking advice and finding a solution that is best for you.
Alistair Dobson, head of the Lawson-West Family department, has provided some advice for things to consider before instructing a Solicitor.
The growing price of property has resulted in 1 in 6 newly divorced couples having to continue living in the same house – a figure that has increased since 2014 when it was 1 in 10.
Today (Monday 8th January) is the day coined ‘Divorce Day’ by the media. This essentially means that this is the day people are most likely to make the call to a law firm or carry out internet research in order to find out more about the process of divorcing or separating from their spouse or partner.
Our team of Solicitors consists of dedicated specialists and lawyers who deal with Employment law, Family law, Wills and Probate, Residential Conveyancing, Commercial law and Dispute Resolution. Each team has vast experience collectively and have wide, in-depth knowledge of all possible matters and disputes.
Our team of Solicitors consists of dedicated specialists and lawyers who deal with Employment law, Family law, Wills and Probate, Residential Conveyancing, Commercial law and Dispute Resolution. Each team has vast experience collectively and have wide, in-depth knowledge of all possible matters and disputes.
Whether it's Christmas holidays, summer holidays or any other holiday time, for separated parents making arrangements to spend time with their children can prove to be very difficult. It is important to try and make these arrangements as soon as possible in the run up to any holiday period.
The Office of National Statistics has released figures for the amount of couples getting divorced in England and Wales in 2016 and recorded that rates have increased for the first time in a decade.
There has been a recent increase of people going to court for family law matters without instructing, or at least visiting, a Solicitor to gain professional legal advice about their case.
Family Solicitors are finding that their clients are using social media to talk about, or ‘bad mouth’ their ex-partners. It may be done in the heat of the moment or without much thought but these types of actions can have lasting consequences.
There has been a 10% increase in private law cases reported to Cafcass (the Children and Family Court Advisory and Support Service) for applications for divorce, separation and child arrangements.
A case taken to the High Court has ruled in favour of a mother who wanted to prevent her parents bringing up her children after she gave them up for adoption. She did not even want them to know she had given birth to twins and this ruling means they never will.
A female City trader, who earned over £10.5 million in bonuses over five years, has won her case at the Appeal Court to overturn the original ruling that her ex-husband was entitled to half of their £5.45 million fortune.
In short, the answer is no. We often hear the phrase quickie divorce used by the media which gives the impression that the rich and famous have the ability to divorce in seconds, rather than months...
A woman who divorced her husband 15 years ago has won the right to remain being supported by her ex because she has spent all of the £230,000 she won in the divorce.
Senior judges at the Court of Appeal recently ruled that a woman cannot divorce her husband on the grounds which she cited. The woman states she is "trapped in a loveless and desperately unhappy marriage."
Settling finances as part of a divorce can be complex. A Financial Remedy Order covers the financial aspects of your divorce including the house, the car, the savings, the pensions, the bank accounts, the contents of the house, the debts, the income, the outgoings, etc...
When a relationship breaks down and the couple decide to divorce, their finances are taken into account as part of the asset division process.
David Cameron has announced recently that the government will put forward proposals for a transferable tax allowance for married couples and civil partners "shortly". This could be as soon as the Autumn...
It has been reported that many women fall into debt due to banks refusing to stop ex-husbands raiding joint accounts...
The Office for National Statistics has revealed figures that show the number of divorces among those over 60 is rising. The trend began in the 1990s and contrasts with falling divorce rates for all other age groups.
Outlining the importance of fathers being involved in their children’s lives, a judge has ruled that a vegetarian mother who stopped her son from seeing his father for reasons which included a fear he might feed him meat must let him see the child or risk the Judge ordering that the child should live with his father...
Lib Dem peer Lord Marks has introduced a new cohabitation bill, following calls from lawyers and campaign groups for laws that give the growing number of people who live together specific rights...
The Relationships Alliance, a new group of politicians and charities, is warning that relationship breakdown will cost the UK economy almost £50bn this year. It says the disintegration of romantic, social and family relationships costs the average taxpayer around £1,500 per year...
A new study has shown that one in eight divorced or separated fathers has lost all contact with their children. It is thought that almost a million men in the UK have dependent children that don’t live with them, with almost 130,000 of these having no contact with them at all...
The first recommendations in response to Iain Duncan-Smith’s Family Stability Review, launched to gather ideas on how to keep families together, have now been published...
An analysis of official divorce figures between 1971 and 2011 has shown an increase in the number of divorces where women have 'behaved unreasonably'. Separations for this reason have risen dramatically over the last forty years, potentially because of women's increasing financial independence leading to a greater willingness to assert themselves...
Alison Sharland, who claims her former husband cheated her out of millions in their divorce settlement, has now been given permission to appeal against the Court of Appeal’s decision to uphold the original sum...
A high court judge has rejected an attempt by hedge fund tycoon Sir Christopher Hohn to impose a blanket ban on reporting his multi-million pound divorce case...
The new Child Maintenance Service has now begun to replace the Child Support Agency, which is being phased out by the government over the next three years...
A study by charity Relate demonstrates that those couples worst affected by the recession are eight times more likely to have seen the breakdown of their relationship than those who were least affected...
The parental involvement provision in section 11 of the Children and Families Act 2014 came into force recently, and applies to cases started on or after 22nd October, but not those that were already in progress on that date. Family Justice Minister Simon Hughes says the new law will reinforce the importance of children maintaining a relationship with both their parents following divorce or separation.
Under new Government plans, separated parents who refuse to pay child maintenance could be declined credit as a result...
