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Divorce law blog

When is a marriage not a marriage?


14/12/2017   By: Rosie Pearson
Where two people take part in a ceremony that purports to be a marriage that ceremony can give rise to a valid marriage, a voidable marriage (a flawed marriage that may be annulled by the court), a void marriage or a non-marriage. This blog post discusses the status of the last category within this list: non-marriages.

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Pensions on divorce - a ticking time bomb


10/11/2017   By: Nigel Shepherd
We all know that divorce is sadly part of modern life. Although the overall trend recently has been a reduction since a high in 2003/4, just over 40% of marriages still break down. This can have far-reaching financial consequences for couples, in particular when it comes to pensions.

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Divorce is back in the headlines again


20/10/2017   By: Nigel Shepherd
2017 really seems to have been the year of the divorce. Firstly, the gathering momentum behind Resolution’s “no fault” divorce campaign, then judgments in the divorce case of Mr and Mrs Owens and now new divorce statistics from the ONS showing that divorces are up 5.8% on 2015.

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MILLS & REEVE’S NATIONAL FAMILY TEAM RECOGNISED AS LEADERS IN THE FIELD


12/10/2017   By: Nigel Shepherd
We are delighted that once again the divorce and family law specialists at Mills & Reeve, the national law firm behind the award-winning divorce.co.uk website, have been recognised by legal directory The Legal 500 as being amongst the very best in the country for this area of work.

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Top Tips for filling out your Divorce Petition


02/10/2017   By: Eleanor Lowes
Filling out your divorce petition is the first stage in the divorce process which ends in obtaining your decree absolute, the final decree of divorce and your marriage being dissolved. It is important to ensure that your petition is filled out correctly as the court will reject applications where errors are made.

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I want a divorce but I am worried that my spouse lacks mental capacity, what can I do?


18/09/2017   By: Sophie Whitehead
If you have concerns about your spouse’s ability to understand and give consent during divorce proceedings, it is important to address this issue sooner rather than later. Any agreement that is reached with your spouse may later be deemed to be unenforceable if they did not have the required mental capacity to consent at the time that the agreement was reached.

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I’ve been told to attend a MIAM. What will happen?


18/08/2017   By: Sara Hanna
A Mediation Information and Assessment meeting (or MIAM) is a first meeting with a mediator that you must attend if you want to make an application to the court regarding either a financial or children issue. The session will be conducted by a Family Mediation Council accredited mediator and the aim of the meeting is to see if mediation can be used as a method for resolve your difficulties, rather than going directly to court. The mediator will be specially trained to assess whether mediation is right for you and your family.

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I want to change the locks on the house to keep my ex out. Can I?


07/08/2017   By: Danni Belbin
Unfortunately there is no simple answer to this. If you own your property jointly with your ex, then you should not change the locks without their agreement, even if your ex leaves your home voluntarily. This is because your ex has a legal right to re-enter and occupy the property.

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My ex and I don’t agree on medical treatment for our child – What can I do?


03/07/2017   By: Sophie Whitehead
The law only requires one parent with parental responsibility to provide consent for medical treatment for a child. However, in practice, where parents both have parental responsibility but are in disagreement, a doctor is unlikely to want to go against one parent’s express wishes. So how can this situation be resolved?

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We’ve changed our minds halfway through a divorce. Is it too late?


20/06/2017   By: Holly Hill
If you and your spouse have decided to make a go of things again, it is possible to stop your divorce right up until the granting of your decree absolute. After this you will officially be divorced, your marriage will have been dissolved and there is no going back, unless you decide to remarry.

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