38 results
No Fault Divorce – a guide to the changes
Historically, to petition (apply) for divorce, the person making the application had to provide reasons and apportion blame on their spouse in order to satisfy the court that the application should be granted. This inherently caused more conflict and made the process of legal separation more more...
Pre-nuptial Agreements: A Short Guide
In this article, I explore what a pre-nuptial agreement is and why it matters when you are considering getting married or entering a civil partnership and the effect these have when you decide to separate and/or formally divorce. What is a pre-nuptial agreement? A pre-nuptial agreement is a document more...
Financial Remedy Orders – changes to Financial Remedy Hearings you need to know about
A financial remedy order helps divorcing couples obtain certainty in court with financial matters when separating if they have been unable to resolve things during mediation. A financial remedy order can include any financial asset and how this is shared between the separating couple. Often, a more...
Separation and marital assets: when dishonest behaviour leads to adverse costs orders
Do you suspect that your former partner is being less than truthful in their disclosure of assets in your divorce? In this article I explore what seemingly should have been a straightforward split of assets became a protracted and complex review and decision-making process. Please see the page on more...
1 Sep 2021 15:12
DIY Divorces: Good Or Bad?https://www.hillhousechambers.co.uk/post/family-law-barristers-diy-divorces more...
1 Sep 2021 15:11
What Is Forced Marriage?https://www.hillhousechambers.co.uk/post/family-law-barrister-forced-marriage more...
1 Sep 2021 15:09
Study Shows Society Doesn’t Recognise Male Domestic Abuse Victimshttps://www.hillhousechambers.co.uk/post/study-shows-society-doesn-t-recognise-male-domestic-abuse-victims more...
12 Aug 2021 13:15
Rise Seen In Surveillance Use Among Divorcing Coupleshttps://www.hillhousechambers.co.uk/post/rise-seen-in-surveillance-use-among-divorcing-couples more...
11 Jun 2021 07:53
Divorce Lawyer Argues For Greater Tolerance Of AffairsAdultery should not lead to divorce as often as it does at present, a family lawyer has claimed. Speaking to the Mail on Sunday, leading celebrity divorce lawyer Ayesha Vardag has said that people should not necessarily end their marriage if their spouse has cheated on them, arguing that there may more...
28 May 2021 20:36
What Are The Amendments To The Domestic Violence Bill?Click llink below for full article https://www.hillhousechambers.co.uk/post/what-are-the-amendments-to-the-domestic-violence-bill more...
What Is A Section 7 Report And Can I Challenge It? – Sima Najma
n summary, where an application has been made to the Court under Section 8 of the Children Act 1989, a Section 7 report is ordered by the Court primarily concerned with the child’s welfare, and which is written by a CAFCASS worker, or a social worker from the local authority. What Is CAFCASS? more...
Turning Children Against Parents: Parental Alienation — Sima Najma
What happens if a child has been manipulated to such an extent by one parent that he or she is unwilling to have any contact with the other parent? The approach of the Courts and practitioners to what’s known as parental alienation is constantly evolving as our understanding of the effects of this more...
A Brief Look at Children and Family Law Post-Brexit — Sima Najma
It’s now January 2021 and, as well as being a New Year, we are no longer a part of the EU. That means that the transition period has ended, EU regulations and rules no longer apply to our country, and Great Britain is no longer one of the EU Member States. There’s been an awful lot of discussion, TV more...
Safety From domestic Abuse and Special Measures in Remote & Hybrid Hearings (November 2020)
wriiten by Sima Najma (Chambers of Mr Michael Cogan) Most practitioners will be aware of the helpful guidance published on Tuesday 10th November by Sir Andrew McFarlane (President of the Family Division) with the assistance of the Domestic Abuse Working Group of the Family Justice Council in more...
24 Oct 2019 09:45
Changing which parent a child lives with - parental alienationParental alienation continues to be increasingly recognised by the family courts. What is more, judges are taking increasingly robust steps to resolve situations where one parent turns a child or children against the other parent. In the recent case of PA v TT the High Court ordered that a twelve more...
16 Oct 2019 09:52
Getting divorced after a no-deal Brexit could be much more expensive for European couplesIf the United Kingdom leaves the EU without a deal, then the cost of getting divorced in some cases will increase dramatically. If both partners in a marriage currently apply to different countries in the EU for a divorce, then the country where the first proceedings were issued would usually keep more...
8 Oct 2019 10:52
Wife fails to overturn financial award made in arbitrationA recent decision in the High Court upholding a financial award made in arbitration confirms the courts’ support for arbitration in financial proceedings. It also acts as a warning to anyone seeking to appeal a family arbitral award. Tim Carpenter and Lydia Fowler review the decision. The Family Law more...
11 Sep 2019 10:51
So close but yet so far - the end of no fault divorce reform?The recent developments in the Houses of Parliament have ended the immediate prospects of no fault divorce reform. The Divorce, Dissolution and Separation Bill had been making swift progress towards becoming law. It was proving to be a popular legislative change that promised to reduce blame and more...
4 Sep 2019 09:23
"Show me the money" - how will the court deal with hidden assets in divorce?This is our second article exploring disclosure within divorce and dissolution of civil partnership proceedings. The first article called “Divorce and financial disclosure” can be found by clicking here. This article explores how courts deal with allegations of non-disclosure. One or both parties more...
24 Jul 2019 11:27
Earnings after divorce - will they be shared?The 2018 case of Waggott v Waggott confirmed that there is no presumption of sharing income, even very high levels of income, after a divorce. The recent case of O’Dwyer v O’Dwyer has revisited this thinking and provided some additional thoughts on the circumstances where a high earner might still more...
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