Divorce Court Changes

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  HM Courts and Tribunals Service are making changes in the way they work following the Crime and Courts Act 2013 which enabled legal advisers to deal with applications for uncontested decrees nisi of divorce and with directions for trial. Before it was District Judges who did this work. The country, this is England and… Read more »

PENSIONS Changes April 2015

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  From 6 April 2015 those aged 55 and over with a defined benefits pension will be able to access all of their pension savings. Before then this was limited to 25%. There is a government website which gives information to help you to understand your options and obtain guidance www.pensionwise.gov.uk That site provides guidance… Read more »

The Importance of Financial Finality after a Divorce

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A recent case, decided by the Supreme Court, Wyatt and Vince, has allowed a wife to make financial claims after separating in 1984 ( 3 years after the marriage) and 18 years after their divorce. During the marriage the parties had no money and after separation neither had money for some time. They had a… Read more »

Free DNA Tests in Family Courts

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Where parentage is disputed DNA testing can be used and is very effective. The dispute is often about who is the father of the child. However, the cost of paying for the tests is expensive and has often stopped parties using this service which frequently results in longer court cases. Examples of where these disputes… Read more »

Involving Children in Court Proceedings

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Justice Minister, Simon Hughes, has announced that children aged 10 and older will have an opportunity for their views and feelings to be heard by a judge in proceedings that concern them. No detail of how this will work in practise has been announced except that this initiative is to be implemented as soon as… Read more »

New Child Maintenence System

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On 30 June 2014, a new system aimed at ending the Child Support Agency over the next 3 years, comes into force. Applicants for child maintenance will have to pay a £20 fee to the Child Maintenance Service and there will be financial penalties of up to £300 for payers who try to avoid payments…. Read more »

Pre Nuptial Agreements

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At present pre nuptial agreements can be taken into account by courts but are not legally binding. Should married couples be able to agree, in advance of problems, how their property and other assets should be divided when they divorce ? If so, should there be any limitations ? For example, how should the future… Read more »

Going to the Family Court Without a Lawyer

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Following the government abolishing legal aid for most family court applications about children, finances and property, there have been many more people going to court unrepresented. They are called Litigants in Person (LIPs). As they have no legal training they often do not know the court procedures and what facts are relevant in law. This… Read more »

Children and Families Act 2014

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After a long passage through parliament, today, 13 March 2014, the Children and Families Bill received the Royal Assent, hence becoming law. Amongst it’s many provisions, it provides that parties wanting to go to court over disagreements concerning arrangements for their children and finances, MUST first obtain information about family mediation. This will usually involve… Read more »

What About the Children?

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A recent YouGov poll disclosed that 58% of separated parents they surveyed do not believe in the idea of a ‘good separation’. 52% said that their separation had had a negative impact on their children. In family mediation, where the separating couple have children, the needs of the children are at the centre of the… Read more »