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Family Law Blog

Special Guardianship - An Agenda for Change

Julia Shaikh
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In August and November 2019, I wrote articles considering whether Special Guardianship Orders required reform. The case of Re P-S (Children) [2018] EWCA Civ 1407  spurred the need for change. Developments continue within this area of law....

Is it normal to exchange financial disclosure to reach a financial settlement in divorce?

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Trying to agree a financial settlement during a divorce can be an intimidating and daunting prospect. In order to ensure a fair and reasonable settlement, we always advise clients of the need to exchange full and frank financial disclosure, whether in...

My relationship has ended: what happens to the house?

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According to the Office for National Statistics, there are over 6m people cohabiting without being married or in civil partnerships, However, unlike spouses and civil partners, cohabitees have no automatic right to make a financial claim against their former...

What is the role of mediation in family law matters?

Laura Cotton
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When a relationship breaks down, many issues can need resolving such as finances, divorce proceedings and often child arrangements. Sometimes it can be difficult to resolve these issues with your former partner and conversations may become heated. Roughly...

Separation - What are your options?

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Deciding to separate or divorce is one of the hardest decisions to make, but the process itself does not have to be difficult. Once you have decided to separate the first step should be finding the right solicitor for you and for the outcome you are aiming...

Does lockdown affect whether I can spend time with my children?

Laura Cotton
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As England is placed into another national lockdown, many parents will have concerns about what impact this has on Child Arrangements. The government have released national lockdown guidance which includes direction for child arrangement matters. The...

Domestic Abuse - Am I eligible for Legal Aid?

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Legal Aid is the provision of financial assistance to people who are unable to afford legal representation and access to the court system. Legal Aid is payment from public funds, and only provided in cases of need. If you have been the victim of domestic...

Declarations of Trust: what they are and when you should use one

Laura  Anderson
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If a property is in joint names, and the owners aren’t married/civil partners, the presumption upon sale is that each person will get an equal share of the net sale proceeds. If each individual owner contributed equally to the deposit and the mortgage,...

What can I do if my ex-partner is stopping me from seeing my child?

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Many parents experience problems securing contact with their children following the breakdown of a relationship.  Are you one of them?  If so, this article may help. In accordance with the Children Act 1989, as long as it is safe, children are...

Remote Hearings in the Family Justice System: A review of the Rapid Consultation by the Nuffield Family Justice Observatory.

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It goes without saying that the Covid-19 pandemic has had a significant impact in virtually every aspect of our lives.  Arguably, one of the most significant changes for us at Johnson Astills, and for our clients, is that court hearings for Family and...

What is No-Fault Divorce?

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From autumn 2021, it will become much simpler for couples to get a divorce or civil partnership dissolution. Couples will no longer have to prove ‘reasons’ or ‘facts’ for the separation, ending the ‘blame game’ that...

What do the Court consider when making a financial order?

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When the Court decide how to distribute assets following the breakdown of a marriage, they have to consider the checklist contained within Section 25 of the Matrimonial Causes Act 1973. The main principle is that the settlement must be fair and reasonable...

"Divorcing? Think of the children..."

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Recent research reported in the press has revealed that divorced parents are often in denial with regard to the impact of the breakdown of the relationship upon their children. Three quarters of parents surveyed thought that their children had ‘coped...