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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 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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Bank of Mum and Dad and the family home


12/05/2017   By: Camilla Highmoor
Last week, statistics were published by insurer Legal and General stating that parents will lend £6.5 billion to their children to help them onto the property ladder in the coming year; an amount similar to that lent by the UK’s ninth-biggest mortgage lender, Yorkshire Building Society. L&G predict that parents of buyers will be involved in 26% of all property transactions and provide deposits for more than 298,000 mortgages.

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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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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.