What Happens if I go to Court over the Money?

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Have you wondered what happens about finances when you have to go to court ? It is sensible to consider this question when deciding whether or not to use family mediation to resolve issues about how to split your finances. Here is a link to a recent 1 hour discussion on the subject on Radio… Read more »

Finances in Divorce Faulty Court Form E

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When involved in divorce proceedings (or dissolution, nullity or judicial separation proceedings) concerning finances couples have to fill in a very long form called a Form E. This is intended to be a complete disclosure of the parties respective financial positions (i.e. assets and liabilities). Parties and courts make final decisions and orders on financial… Read more »

Divorce Statistics

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The Office for National Statistics have published (23 November 2015) more information showing how marriage and divorce in England and Wales have fared over the last few years. The rate of divorces fell in the years 2003/2009. The rate was then steady until 2010 when there was a 4.9% increase after which the rate was… Read more »

Declining Popularity of Marriage

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The Office for National Statistics (Families and Households survey, released 5 November 2015) has shown that unmarried living together is the fastest growing family type. The statistics disclose that in 2015 there were 3.1 million opposite sex cohabiting couple families, an increase from 14% of all families in 2005 to 17% in 2015. This difference… Read more »

Civil Partnerships

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In March 2014 the law changed to allow for same sex marriage. The result has been a 70% fall in the rate of civil partnerships from 2013 to 2014. ( Office for National Statistics ). When these partnerships/marriages end they can raise exactly the same issues as on the termination of heterosexual relationships. Family mediation… Read more »

Is there Common Law Marriage?

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It is commonly thought that unmarried couples living together have legal rights. These relationships are referred to as common law marriages. Those who are married or in civil partnerships have rights to claim against each other, on the ending of their legal relationship, for maintenance, orders concerning capital (property such as houses, savings and other… Read more »

Divorce Fees Set to Rise Again

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The government has issued a consultation paper on court fee increases (responses by 15th September). It used to be the case that the courts were regarded as part of the public service funded mostly by the taxes citizens pay. However, over the last few years that has changed to trying to make the courts self… Read more »

Children’s Part in Family Mediation and Court Proceedings

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Over the years the prevailing view on this question and what is in the best interests of the children has shifted from saying that the children should be heard, to keeping them away from the court and the parental dispute, leaving it to the court and the parents to decide what is in their best… Read more »

Privacy in Family Mediation

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Separating couples considering family mediation sometimes worry that what they say in mediation or other matters relating to the mediation process will be reported to the judge if the mediation doesn’t work. Whilst not unusual, this worry is ill founded. Mediation is a private process which is one of its main principles. Accordingly, a judge… Read more »