Family Law Updates

Our Guide to Divorce provides a comprehensive overview of the divorce process in England and Wales, covering grounds for divorce, procedural steps, associated costs, and considerations for cases where a spouse may not cooperate.

The DIY Divorce Guide cautions against self-managed divorces, highlighting the risks of overlooking financial matters—such as settlements, pension sharing, and the remarriage trap—and stresses the importance of obtaining a legally binding financial order to prevent future claims.

The guide addresses the complexities of agricultural divorces, emphasising the need for sensitive handling due to factors such as farms being capital-intensive yet income-light, often inherited, and involving wider family interests. It discusses considerations like whether the farm is a marital or non-marital asset, the potential division of farm assets, the importance of full financial disclosure, and the necessity of obtaining professional valuations and advice.

The guide discusses methods for valuing businesses during divorce proceedings, such as the Future Maintainable Earnings and Net Asset approaches, and emphasises the importance of obtaining expert valuation evidence to ensure fair financial settlements.

The guide explains how pensions are divided in divorce, using methods like offsetting and pension sharing. It also stresses the importance of obtaining accurate pension valuations and expert advice.

The guide outlines the steps for obtaining a financial order during divorce proceedings, including attending a Mediation Information and Assessment Meeting (MIAM), completing Form A to apply for a financial order, serving sealed Forms A and C on your spouse, submitting Form E with financial details, engaging joint experts if necessary, preparing a Questionnaire, and attending the First Appointment hearing.

The guide explains how personal injury compensation is treated in divorce, with the court considering it as part of the marital assets depending on the circumstances.

The guide explains Alternative Dispute Resolution (ADR) methods like mediation and arbitration, highlighting their benefits in resolving family disputes amicably and cost-effectively without court.

The guide discusses methods for valuing businesses during divorce proceedings, such as the Future Maintainable Earnings and Net Asset approaches, and emphasises the importance of obtaining expert valuation evidence to ensure fair financial settlements.

The guide explains Special Guardianship Orders, granting an individual parental responsibility for a child and providing legal authority over decisions like schooling and medical treatment.

The guide discusses methods for valuing businesses during divorce proceedings, such as the Future Maintainable Earnings and Net Asset approaches, and emphasises the importance of obtaining expert valuation evidence to ensure fair financial settlements.

The guide explains the process of dissolving a civil partnership in England and Wales, covering the application procedure, costs, and considerations for financial and child arrangements.

The guide explains how to obtain protective orders, such as non-molestation and occupation orders, to safeguard individuals from domestic abuse. It details the application process, eligibility criteria, and the court's considerations in granting these orders.

The guide discusses the role of expert valuations in family law, particularly during financial remedy proceedings. It explains the use of Single Joint Experts (SJEs) appointed jointly by both parties to provide impartial valuation evidence to the court. The guide also addresses procedures for challenging an expert's valuation, including raising clarification questions and, if necessary, applying to the court for permission to instruct a new expert.

The guide outlines how assets are divided during divorce proceedings, detailing the court's consideration of various factors under section 25 of the Matrimonial Causes Act 1973. It explains the distinction between matrimonial and non-matrimonial assets and the types of financial orders the court can make, including lump sum orders, property transfers, and maintenance payments.

The guide outlines financial provisions for unmarried couples upon separation, detailing child maintenance options, housing arrangements, lump sum payments, and legal services orders. It emphasises the court's focus on the child's welfare and the importance of considering each parent's financial capacity and responsibilities.

The guide explains how the court can set aside "reviewable dispositions" made within three years of divorce proceedings, aiming to prevent asset transfers that may defeat financial claims. It outlines conditions under which such dispositions can be challenged, including lack of valuable consideration or fraudulent intent.

The guide provides information on fertility law, covering topics such as parental rights, consent to treatment, donor rights, and surrogacy. It explains the legal aspects of fertility treatments, including the determination of legal parenthood, the process for withdrawing consent, and the rights of donors. The guide also discusses the storage and future use of embryos, highlighting the importance of understanding the legal implications of assisted reproduction.

The guide explains surrogacy laws in the UK, where the surrogate is the legal mother unless a Parental Order is granted. It outlines the process for intended parents to gain legal parenthood through a court application.

The guide explains prenuptial agreements, outlining their purpose, conditions for enforceability, and the importance of legal advice, full financial disclosure, and fairness.

The guide explains separation agreements, which outline financial arrangements and asset division during separation. While not legally binding for divorce, they provide a framework that may inform court decisions later.

The guide explains spousal maintenance, which involves financial support one spouse may pay to the other after divorce. It details how the court determines the amount and duration based on factors like income, needs, and the standard of living during marriage.

The guide explains different types of spousal maintenance, including joint lives, fixed term, nominal, and global orders. The court determines the appropriate type based on factors such as the length of the marriage and financial disparity.