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Divorce law blog

The future of Family Law: The art of thinking independently together


23/06/2015   By: Angelika Ketzer
With cuts to Legal Aid and the court system, the face of family law is changing day by day and family lawyers at all levels need to rise to the challenge of adapting. Careful consideration needs to go into looking at new options for clients and the forward looking family lawyer must investigate fresh ways to provide the correct support for those facing relationship breakdown.

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Protecting your right to be a parent in surrogacy arrangements


23/06/2015   By: Rose-Marie Drury
Having a baby through a surrogacy arrangement can often be a long and difficult journey for intended parents. It’s important to ensure that at the end of that journey your legal position as parents is protected. It’s estimated that up to 2,000 children are born each year to UK intended parents through surrogacy – the vast majority are born overseas in places such as India and California where commercial surrogacy is permitted. However, many intended parents are unaware that they need to apply for a parental order from the English court to become legal parents and last year only 241 applications were made for these essential orders.

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Sorted out the finances on your divorce? Get an order to make sure the deal sticks


17/06/2015   By: Jane Booth
There have been a couple of cases which have featured in the press recently which have underlined the importance of getting a proper court order confirming the financial deal following a divorce. In one the agreement was not formally approved by the court. In the other there wasn’t an order at all. The first case involved a doctor’s wife (Ms Wilson) who was reportedly forced to swap her £3.2m home for a rented council flat and to live on benefits after her and her ex’s attempt to settle their divorce on-the-cheap went “completely wrong”.

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Mills & Reeve’s Full Scale Ahead report highlights issues faced by business owners on divorce


08/06/2015   By: Jane Booth
Mills & Reeve asked the owners of 500 medium sized businesses (50-500 employees/ £200m+ turnover) to tell us about the challenges they face in becoming the next generation of world-leading large enterprises. The result, a 28-page Full Scale Ahead report, produced some interesting findings, particularly for business owners who are going through divorce or those who are concerned about protecting their business in the event of divorce.

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Child Arrangements and Overseas Travel


14/05/2015   By: Sarah Eley
The summer holidays are fast approaching! What could be better than jetting off to enjoy some sun, sand and sea with your nearest and dearest? Unfortunately, in terms of child arrangements, this is not always as simple as it might seem. And depending on whether or not you have a child arrangements order, the rules you need to follow are different.

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The truth behind the “get a job” headlines


30/04/2015   By: Nicola Rowlings
Last month, a lot of fuss was made about a divorce concerning a vet and a stay at home mother. You may have seen some of the newspaper headlines. According to those papers, the wife had apparently been told by a judge to “go out and get a job”. The headlines suggested that a sensational change in the law had taken place – that divorced women could no longer expect to receive spousal maintenance and should go back to work once their children were at school. But is that what really happened?

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Rights, duties and responsibilities of parents


27/04/2015   By: Kim Aucott
When your relationship breaks down, you may be asking what exactly are your responsibilities towards your children? The answer has been spelled out by the Family Court in a recent, damning judgement* involving parents who both had parental responsibility for their two children.

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…a cautionary tale


22/04/2015   By: Kim Aucott
Multi-millionaire Dale Vince, wind-farm entrepreneur and founder of Ecotricity, has failed in his attempt to strike out his former wife’s financial claims which come more than 20 years after their divorce. The decision of the Supreme Court last month means that his former wife, Kathleen Wyatt, has a green light to pursue her claim for a lump sum against Mr Vince. She also has the benefit of a costs funding order which requires Mr Vince to pay a total of £125,000 to enable Ms Wyatt to pay for legal advice and representation.

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The Common law marriage myth


21/04/2015   By: Andrew Moore
A few years ago a British Social Attitudes survey showed that 51% of participants thought that unmarried couples living together for a period of time would have a “common law marriage”, giving them the same legal rights as married couples. The reality is that such a concept has not existed in England and Wales since 1753.

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As the Government reports record payment of child maintenance, what can you do about maintenance arrears?


28/01/2015   By: Kim Aucott
Good news for families The Government reports (25 January 2015) that record levels of child maintenance are being paid by parents. The Child Maintenance Minister, Steve Webb, commented: “Contributions towards child maintenance in the CSA are now running at an all-time high of 86.5% and I am delighted to see the number of parents who are either not paying as much as they should or nothing at all continues to fall.” which is great news for families.

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