It has been well documented that the new ‘no-fault’ divorce legislation has been implemented to try and achieve a less acrimonious separation between parties getting a divorce. It has been suggested that this in turn may lead to an increase in the divorce rates. Although divorce and pensions are treated as separate entities by the matrimonial courts, instigating divorce proceedings can lead to financial problems if parties do not understand the implications a divorce can have on your … [Read more...]
How does the length of my marriage impact a financial settlement?
Upon consideration of a financial settlement, the principle of equality of sharing has been embodied in the Court in England and Wales since the landmark case of White. An argument often relied upon is whether the Court should consider that this be departed from due to the marriage being of short length. The length of a marriage is a factor the Court must consider according to s25(2)(d) of the Matrimonial Causes Act 1973. The length of marriage, along with the following, are taken into … [Read more...]
Child Maintenance – What are my options?
The Child Maintenance Service, known as the CMS, deals with the majority of instances where child maintenance payments are needed. Parents can apply to the CMS for a child maintenance assessment which specifies how much they are to pay or receive. Where there are divorce proceedings, parents can agree a Child Maintenance Order, which specifies the sum that one parent is to pay the other in child maintenance. This is usually a sum that is higher than the CMS calculation. However, in … [Read more...]
The ‘Myth’ of Common Law Marriage
As time goes on, marriage is on the decline. The Office for National Statistics found that opposite sex marriages have fallen by 47% since 1972. Cohabiting couples however are on the rise. It is therefore important to raise awareness of the ‘myth’ of common law marriage. As many as 46% of people in the UK continue to believe that “common law marriage” exists. Unfortunately, the law has not kept up with the changes in society. Cohabiting couples have no legal status, no matter how long … [Read more...]
I am getting a Divorce – who gets to keep the family pet?
For many relationships, the family pet can form a vital part of the family structure. There has been a noticeable boom in the number of couples welcoming a new pet into the family during and since the coronavirus pandemic. In the instance where a relationship breaks down and a couple separates or divorces, who keeps the family pet? Research undertaken by the Blue Cross suggested that approximately 1 in 4 divorces involved some form of dispute in relation to pets. Divorce and Pets - The … [Read more...]
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