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...]
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...]
Divorce and the ‘New’ Financial Statement of Information
When couples separate and agree a financial settlement, certain documents have to be submitted to the Court. The Consent Order is a document which states the agreement itself. In addition to this, the parties have to submit a financial ‘Statement of Information’. This is known as a summary of the assets, income, liabilities and pension that the parties have at the time they sign the statement. This form is used to assist the Judge in making a decision as to whether the financial … [Read more...]
Divorce Monday: Was it divorce day after all?
The first working Monday in January is known as ‘Divorce Monday’ as it tends to be the busiest day of the year for family lawyers. However, with the introduction of No-Fault Divorce in April 2022, it seems that Divorce Monday may not have been as busy as anticipated for a lot of family lawyers. At present, you can only apply for a divorce in England and Wales if you establish that your marriage has irretrievably broken down. This is done by proving one of five facts which currently … [Read more...]
Improvements to the way the family court responds to domestic abuse announced
Domestic abusers – not their victims - to be moved from the family home? In response to calls from charities and campaign groups, councils in England have been considering measures to provide housing for domestic abusers, allowing victims to remain living in the former matrimonial home. The Domestic Abuse Act, which was recently passed by Parliament, compels councils to devise plans to provide housing support for victims and their children. Some Councils, such as Sunderland City Council, … [Read more...]