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Insights

Divorces set aside by the High Court

Posted on 23rd April 2019 in Family Law

The High Court has again delivered judgments in relation to applications by the Queen’s Proctor to set aside divorce decrees in four different cases on the ground that the petitions breached the 1 year bar. The 1 year bar is set out in section 3 of the Matrimonial Causes Act 1973 and states that neither party to a marriage may commence divorce proceedings before the couple have been married for 1 year.

Posted by

Aimee Aspinall

Associate & Solicitor

Insights

Putting the kids first; how to minimise fallout from a family breakdown – a five step guide

Posted on 06th April 2019 in Family Law

A child may feel torn between both parents or angry and one or both parents for the relationship breaking down. Every situation will be different and depend on the unique circumstances of the family unit, but it should be everyone’s concern that the children are protected from any animosity between the parents.

Posted by

Caroline Ryan

Head of Private Family

Insights

Mediation Information and Assessment Meetings

Posted on 02nd April 2019 in Family Law

If you are experiencing difficulties with a family matter, such as issues relating to a potential divorce and the associated financial aspects or issues concerning your children, you may be considering court proceedings. Before you can make an application to the court in relation to a family issue you must attend a Mediation Information and Assessment Meeting (MIAM). There are exemptions available and these can be discussed with you if necessary.

Insights

Bitcoin, the hidden gem in divorce?

Posted on 04th March 2019 in Family Law

Bitcoin is the most well-known type of cryptographic currency which came into existence in 2009, following the global market crash. Throughout recent years Bitcoin has exploded in its popularity. Despite this, there has been a grey cloud pending over Bitcoin and its validity. Is Bitcoin a new form of currency that is part of the dark online underworld? Or is this simply a combination of currency and technology in an ever-evolving technological world? To help answer these questions, it is important to understand some of the key terminologies and exactly how Bitcoin operates.

Posted by

Ricky Noble

Senior Paralegal

Insights

Questionnaires in Financial Remedy Proceedings

Posted on 11th February 2019 in Family Law

To prepare for the First Appointment in financial remedy proceedings, each party must file with the Court and serve the other party a questionnaire in respect of their financial disclosure (Form E). When completing Form E, the parties have an obligation to the Court to give full, frank and clear disclosure. The duty is ongoing and includes a duty to disclose any material change in financial circumstances.

Posted by

Aimee Aspinall

Associate & Solicitor

Insights

Divorce and the Family Farm

Posted on 22nd January 2019 in Family Law

The breakdown of a marriage in any family is upsetting, but within a farming family a divorce can be particularly difficult to resolve.

Posted by

Ricky Noble

Senior Paralegal

Insights

What Happens During a MIAM?

Posted on 05th November 2018 in Family Law

Before any application can be made to court in matrimonial and family matters there is a requirement to attend a MIAM unless there are good reasons why a MIAM is not appropriate, for example in emergency cases or where there is Domestic Abuse.

Posted by

Ricky Noble

Senior Paralegal

Insights

What Happens When a Parent Wants to Move Away and Take the Children With Them?

Posted on 25th August 2018 in Family Law

These days more and more people are spending time abroad, whether they’re overseas on business, trying to build a new life in a different country, or just taking a long trip.

Insights

Your Rights as a Step-Parent After a Divorce

Posted on 20th June 2018 in Family Law

If you’re a recently divorced step-parent and are wondering what rights you have in regard to seeing your step-children, there’s a number of things you need to know. Here, we take a look at what happens after a divorce, what measures a step-parent can take in order to gain access to a step-child, and whether there any financial obligations that need to be met.

Insights

Confidentiality in Family Proceedings

Posted on 12th April 2018 in Family Law

The general rule in private family proceedings is that they are confidential and therefore the details are not widely available. Often when a higher court judgment is published, the parties’ names are anonymised and this applies to all private family proceedings unless there are significant public policy or public interest reasons to the contrary.

Posted by

Aimee Aspinall

Associate & Solicitor

Insights

What Rights Do You Have to the Family Home When You Get Divorced?

Posted on 25th March 2018 in Family Law

The family home is likely to be the biggest asset within the marriage. Both parties have a right of occupation, even if the property is owned in one party’s sole name. Negotiations will need to take place to determine what will happen to the property. There are a few options available:

Posted by

Aimee Aspinall

Associate & Solicitor

Insights

Setting Aside Financial Orders

Posted on 16th March 2018 in Family Law

There are very limited circumstances in which a financial order can be set aside. The power to set aside an order only exists where no error of the court is alleged. In those cases where an error of the court is alleged then an application for permission to appeal should be considered.

Posted by

Aimee Aspinall

Associate & Solicitor