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Divorce Law Family Law

10 of the best: family law blogs and news from last week

Below are ten of last week’s best family law blogs and news posts from around the web:-

The Attorney General has said that the current ban on gay and unmarried couples should remain in place until the Stormont Assembly decides otherwise.

Family Law Week presents Steve Crompton & David Kitson of RSM Tenon who review the Chancellor’s 2012 Budget announcements.

Refusal to allow a woman to adopt her same-sex partner’s child was not discriminatory according to The European Court of Human Rights’ ruling in the case of Gas and Dubois v. France.

Think-tank the Centre for Social Justice (CSJ) has accused the Government of missing a chance in its latest budget to tackle the problem of family breakdown.

Some of Wales’ most vulnerable children and young people are unaware of their statutory right to an independent professional ‘voice’.

Jordan Publishing has announced the return of the Family Law Awards, which will be held on 10 October 2012.

A recent study by FindLaw.com has revealed that March sees a spike in the number of divorce queries (although January is generally thought of as “Divorce Month” by divorce lawyers).

Mills & Reeve to launch an online know-how and training package for family lawyers.

Guest family law blog summarising the Court of Appeal decision of Imerman v Tchenguiz [2010] 2 FLR 814.

Some doctors breaking the law by “pre-signing” abortion consent forms, the Government has said.

If you have published or found a useful family law-related post that hasn’t been spotted, please do add a link to the comments section below.

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Divorce Law Family Law Separation Law

How to Divorce: The Divorce Process Explained

Below is a guest blawg post on how to divorce, explaining the divorce process. Please note that the terms are relevant to the laws of England and Wales. If you’d like to submit a guest family law blog post, please get in touch through the contact form.

Deciding to pursue a divorce can be a daunting challenge, fraught with a range of perils. There are a lot of things to consider, such how the divorce process works, what you’re entitled to and who gets the rights to any children you may have.

In order to get a divorce, you will have to undertake a range of steps in order to come to an agreement with your partner. These include your reasons for divorce, which of you will take care of the children and how you’ll split up your money, property and possessions.

One of the first ports when considering a divorce is hiring legal help. You may consider hiring divorce solicitors in Kent, or wherever you are based, who will act on your behalf in divorce proceedings.

The good news is that if you and your spouse agree on these points then the divorce process can be completed in as quickly as 4 months. If not, then divorce proceedings can drag on for much longer.

There are four formal stages to divorce in the UK:

  1. Establishing the grounds for divorce
  2. Filing a divorce petition
  3. Applying for ‘decree nisi’
  4. Getting a decree absolute

You can only divorce under UK law if your marriage has ‘irretrievably’ broken down and you have been married for a least a year. You will be required to prove this to the court by relaying the ‘facts’ of why your marriage has ended. These facts can include reasons such as adultery, unreasonable behaviour and desertion.

To start divorce proceedings you will need to fill out three copies of a D8 form, also known as a ‘divorce petition’. You will also have to pay a fee of £340, but you could be entitled to a discount if you have a low income or are on benefits. Once the forms are completed, you will need to send them to the court.

A notice of divorce will then eventually be served to your husband/wife. Your partner can then choose to either accept or argue against the divorce. If your spouse chooses to fight against the divorce then proceedings can be delayed significantly. If no agreement can be made then this is where divorce solicitors will step in to negotiate with your partner to try to reach an agreement.

Once you both agree on the divorce you can then apply for a ‘decree nisi’ – a document from the court which says that it can’t see any reason why you can’t divorce. A judge will consider whether there is enough evidence to allow the divorce to proceed and review all your paperwork, such as any arrangements you’re proposing for your children.

If the judge gives permission for the divorce to continue then you are able to apply for a ‘decree absolute’ 6 weeks after you have been issued with your decree nisi. Once you have the decree absolute, you are officially divorced.

Categories
Child Custody Civil partnerships Cohabitation Law Divorce Law Family Law Pre-nuptial Agreements Separation Law

The Divorce Process: Family Law Information

The Divorce Process

Divorce is the legal process through which two people end their marriage and the legal status that it provides. It is usually an extremely emotional time for the parties involved and also for their children, if they have any. The best way to make your divorce process as smooth as possible is to find a solicitor who you can trust and work comfortably with.

It is important that both parties understand their legal position on divorce and know exactly to what they are entitled. A divorce solicitor can make sure finances and property are properly distributed and arrangements are made for children, leaving no room for disagreements.

Petitioning for divorce

In order to begin the process of divorce one party to the marriage must present a petition for divorce on the grounds that the marriage has broken down irretrievably. It is important to note that the parties must have been married for at least a year before they are able to make such a petition.

Whether the marriage is broken down irretrievably is not simply a matter of opinion, and there is legislation stating that at least one of five factors must be present before any court will make a ruling that the marriage has in fact broken down irretrievably. These five grounds for divorce are as follows: unreasonable behaviour, adultery, living apart for two years and both parties consent to the divorce, living apart for five years, and desertion.

Acknowledgment of service

A copy of the petition must be sent to the other party along with a statement of arrangements for the children (if applicable) and an acknowledgment of service. The respondent must inform the petitioner in the acknowledgment of service whether they will be contesting the divorce. The acknowledgment of service is therefore an extremely important document as it shows the court that the other party is aware of the petition. If the other party refuses to return the acknowledgment of service you may have to arrange for a process server or bailiff to serve the document and make an affidavit stating that they have done so.

Decree nisi

If the court is satisfied that there are valid grounds for divorce it may well grant what is known as a decree nisi. A decree nisi will generally be granted when a divorce is not being contested and there are valid grounds for divorce. The party who made the petition must then apply to have the decree made absolute which they cannot do until at least six weeks and one day from the date of the decree nisi.

Decree absolute

The decree absolute is what actually ends the marriage, as opposed to the decree nisi which merely declares there are satisfactory grounds. Once the decree absolute has been pronounced the marriage has officially ended and usually the parties will begin ancillary relief proceedings: the name given for deciding how the matrimonial assets should be split.

Ancillary relief proceedings

The ancillary relief proceedings are often fiercely contested as a judge will rule on who should have what from the matrimonial assets. The ancillary relief process can be quite long and usually involves three trips to court.

  • A first appointment in which a judge outlines his position and ensures appropriate disclosure has taken place.
  • A financial dispute resolution hearing in which a judge (a different judge from who will be in attendance at the final hearing) will give an indication of what he would order in the hope the parties then settle on similar terms and avoid a final hearing.
  • A final hearing in which an order will be made.

With the potential for several court visits, it is in both parties’ interests to try to facilitate an early settlement to avoid significant legal costs.

Categories
Family Law

There’s no place like home…but where is home for your children?

With the opening of borders across Europe and the recent growth of the internet and cheap travel, it is becoming increasingly common for children to have parents who are of different nationality to one another.  However, should the parents separate, what happens if one parent wants to return to their home country with the child?

This is a question I am frequently asked as a family lawyer and it is understandably a highly emotive issue between parents.  Should a parent leave the country with their child without the other parent’s consent they could face criminal charges for child abduction.  Therefore consent is essential and if it is not forthcoming from the other parent you will need to apply to the court for a judge to decide.

When the court considers whether such a move with the child should be allowed, the child’s welfare is paramount and the court will apply what is known as the welfare checklist.  The checklist includes factors such as the physical, emotional and educational needs of the child, the wishes and feelings of the child, the capability of the parent to meet the child’s needs and the likely effect on the child.  The proposed arrangements need to be considered carefully and the greater part the parent who would be left behind plays in the child’s life, the greater impact/damage upon the child if the move is allowed.

If you wish to make the move with your child, preparation and research is imperative.  Also focus on how your child’s relationship with their other parent can be maintained if the move is allowed.  The court needs to be sure that the proposed move is genuine, realistic and above all in the child’s best interests.

It is a very difficult issue with many factors to consider. Whether you are the parent wishing to make the move or the parent opposing the move, early legal advice is essential.

This was a guest post by Patricia Robinson Senior Associate at divorce solicitors Pannone LLP. For more information visit their website at http://www.pannone.com/. 

Categories
Family Law

Family Law Mediation and Mediators in Scotland

Guest blawg post by Gavin Ward as posted to WardblawG

On Wednesday 30th March, I attended a Relationships Scotland event, hosted by HBJ Gateley Wareing in Glasgow and attended by family law professionals across Scotland. The event was of particular interest given the recent review of family law in England and Wales, one element of which concerns the fact that mediation for divorcing couples shall, as of 6 April 2011, be compulsory prior to them attending Court, subject to limited exceptions. For further information on this see a blog post by a family law firm in Liverpool. While mediation for divorcing couples is not yet compulsory in Scotland, it is becoming more widely available.Relationships Scotland Image

What is Parenting Apart?

Parenting Apart groups give parents the skills and confidence to communicate with their children about their separation or divorce in child-friendly language. Importantly, parents get the chance to chat with others going through the same as them. Groups are hosted by two family mediators giving parents the chance to speak to a qualified professional about any issues around parenting their children or their relationship with their ex-partner following their split.

Key Speakers at the Event

Although I have seldom practised family law myself (although I do now work with family lawyers), I still found the event very informative with speakers conveying ideas with clear expression.

Speakers included the following people who should be contacted should you wish further information on any of the topics discussed:-

– HBJ Gateley Wareing’s family law partner, Shona Templeton, who set the scene, exploring the changing face of collaborative family law within Scotland;

– Mark Stalker, who is a service manager with Family Mediation South Lanarkshire. A former solicitor, Mark discussed the the impact of the Parenting Apart project throughout South Lanarkshire;

– National Development Manager with Families Need Fathers, Ian Maxwell discussed how fathers can become involved in the collaborative process. I would also add that I met one of Ian’s colleagues, John Forsyth, who is a support and development worker with Families Need Fathers and is contributing greatly to the Scottish family justice system; and

– Stuart Valentine, the Chief Executive of Relationships Scotland, who explained how Parenting Apart fits in to the wider national picture of family support.

Further Information

For further information on Relationships Scotland and their work, see Relationships Scotland’s Blog here, their twitter account here and watch the video below.

If you have any specific queries on family law in Scotland, get in touch via the contact a solicitor form at the top right of this page.

Categories
Family Law

Welcome to Family Blawg

Family Law Justitia Image

Welcome to Family Blawg, a legal news blog on family law for family lawyers, the general public and potential clients of family solicitors.Family Law Justitia Image

A complex area requiring advice from specialist solicitors with an understanding and appreciation of sensitive issues, family law and practice involves divorce, separation, wills, children’s rights and divorce settlements.