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Divorce law blog

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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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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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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Can my ex-spouse change their mind about our financial agreement?


12/06/2017   By: Eleanor Lowes
Until the court makes a consent order, the financial agreement between divorcing spouses is not legally binding. It is not uncommon for one spouse to agree to a financial settlement, only then to have a change of heart a few days, weeks or even months later. If you find yourself in this situation, all is not lost - it can be very difficult for your ex to go back on an agreement but it may involve having to go to court.

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What is Parental Alienation, and how can I avoid it?


28/04/2017   By: Camilla Highmoor
The psychological and emotional manipulation of a child by one parent against the other, parental alienation has recently been described by Anthony Douglas, chief executive of the Children and Family Court Advisory and Support Service (Cafcass) as “a form of neglect”. In extreme, but sadly not unusual circumstances, this form of psychological abuse leads to the long-term, or even permanent, estrangement of a child from one parent and/or other family members. Research shows that parental alienation can also increase the risk of the child developing mental and physical illnesses and the likelihood of substance abuse and addiction in later years

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The kids are alright – financial support for separated unmarried couples


07/04/2017   By: Marc Saunderson
“We’ve lived together as common-law spouses, will my ex have to support me financially now that we’re separating?” There is a common misconception that couples who live together for a number of years obtain the same rights on separation as those who are married. In our survey, 26 per cent of those asked believed that unmarried couples who had been living together for more than a year had the same legal rights as married couples. For those cohabiting families that did have dependent children, the survey revealed that almost three-quarters of respondents (73 per cent) did not know what kind of support they would be entitled to for their children if they separated from their partner.

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How WILL I protect my assets?


06/04/2017   By: Caitlin Jenkins
“I have been cohabiting with my partner for years. We have no wills but surely they’ll inherit everything on my death?” What happens when one cohabitee dies? Our research revealed that 44 per cent of the cohabiting couples surveyed had not made a will. It is important to know what difference having a will makes because, unlike married couples, cohabiting couples have no right to inherit from each other under the intestacy rules.

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Safe as houses? The unmarried couple and the family home


05/04/2017   By: Nick Stone
“We’ve lived together as common-law spouses, do I have rights over my home now we’re separating?” Not necessarily. As shown by our recent survey, many people believe that unmarried couples who live together for a number of years have the same rights to property and financial support on separation as married couples. But there is no such thing as a common law marriage and the laws applied to divide a cohabiting couple’s property are very different from the laws used to divide a married couple’s assets.

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Myth of the common law marriage leaves cohabitees vulnerable, a new survey reveals


04/04/2017   By: Alison Bull
A recent YouGov survey commissioned by us here at Mills & Reeve highlights that many people who are unmarried but live with their partners do not fully understand their legal positions and have no idea what rights they would have if they were to separate in due course.

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The information on this blog is not legal advice. You should not rely on it and we don't accept liability in connection with it. Please read our full disclaimer and let us know if you would like us to advise on any legal issue.