Following a divorce or separation , you may be struggling to have conversations with your former partner or spouse regarding your children or financial arrangements. With your history and potentially fraught breakdown of your relationship, you may be...
Once you have made the decision to divorce, we know that you will be keen to finalise the details as swiftly as possible to allow you to move forward with your new life. The first step is to apply for your Decree Nisi and once that is granted you can apply for your Decree Absolute; we are often asked whether we would recommend applying for the Decree Absolute at the earliest opportunity or whether it would be more prudent to wait. Sam Miles, Family Partner, explains here why it could be in your best interests to wait to apply until the time is right.
Family Mediation is an alternative way to resolve disputes with your former partner if you are divorcing or separating; however, there is often some confusion over the roles of a Solicitor and Family Mediator, and whether a Solicitor should be appointed to coincide with Mediation. While a Solicitor is there to advise you legally throughout your divorce or separation, a Family Mediator will work with both you and your former partner to help you to make joint decisions involving your children or finances. Sam Miles, Family Partner and accredited Family Mediator, here explains the difference between a Solicitor and a Mediator and the roles they have to play.
The breakdown of a relationship will always be a difficult time for all concerned, especially when there are children involved. It is understandable that there may be animosity following the divorce or separation, which can lead to conflict when making arrangements for your children or for the finances. While you may wish to go straight to Court, in most cases you will need to attend a Mediation Information Assessment Meeting (MIAM) to determine whether Family Mediation could be an alternative to the Court process. Sam Miles, Family Partner and Mediator, explains here why you may need to consider Family Mediation, and the exemptions that may apply.
A recent divorce case has highlighted the question of whether the divorce legal system should be revolutionised, and consequently a new consultation has been launched to review the new proposals. Sam Miles, Family Partner, discusses here what the...
We have been keenly watching the case of Mills v Mills in recent years and last week the Supreme Court made their decision that could have far reaching implications for future divorce proceedings. Sam Miles, Family Partner, reviews the...
Following a divorce, it can be difficult to make arrangements for your children, but what do you do if you are a step-parent? We understand that even though you are not a biological parent of the child or children, you will no doubt have built a bond...
As we move closer towards Spring, thoughts turn more to wedding season and if you are tying the knot this year it is likely you have spent time carefully planning everything from the bouquets to the table centres.
When a relationship breaks down, and if the couple are not able to agree on decisions regarding children or finances, a first step can be for them to go to Family Mediation. However, in some circumstances this is not an option, if there is an accusation of domestic violence for example, or if one party refuses to take part.
Divorce rates are on the rise, according to the latest statistics, and with the increase in the value of family assets, couples should do more to face up to financial affairs during the good times. Sam Miles, Family Partner, reveals the latest divorce statistics and reviews the steps couples should be taking now when it comes to their finances.
When deciding to divorce, there will be a lot of decisions to make regarding arrangements for children and division of financial assets. If there are any businesses or business interests in the family, these will need to be looked at carefully. Sam Miles, Family Partner, explains here what business owners should be aware of when making the decision to divorce.
A separation or divorce will be an emotional, confusing and stressful time for any couple, but these feelings are heightened when there are children involved. Parents will need to make plans with their children’s best interests at heart, remain aware that their children could pick up on negativity caused by disagreements, and recognise that they may even feel responsible for their split. Sam Miles, Family Partner, reviews here what parents need to consider when it comes to arrangements for their children.
A new online divorce form has been released by the Government which invites the third party in adultery cases to be named by the person filing for divorce. Sam Miles, Family Partner, explains here what impact this could have on adultery cases being filed in the Family Courts and clarifies what the grounds for divorce are.
When a couple decides to separate it will naturally be a distressing and confusing time. While the majority of people go on to divorce, some couples decide to simply remain separated so as not to go through the seemingly stressful process of divorce, or there may be financial or business reasons why they wish to remain married. Sam Miles, Family Partner, explains here the implications of not divorcing, and reviews what steps you could take to decide what is best for you.
Sam Miles, Family Mediator and Partner at Warner Goodman, has recently received accreditation to practice Child Inclusive Mediation, a unique qualification held by only a small number of Family Mediators in Hampshire.
Cuts in police and support services are being blamed for an increase in the number of domestic violence victims withdrawing charges against their alleged abusers. Worryingly, in correlation with this decline in victims following through their charges, the number of domestic violence incidents is on the increase. Sam Miles, Family Lawyer, explains here what support is out there for victims, including the importance of legal advice.
After an eight year legal battle, a Northern Ireland woman has won her case in the Supreme Court to claim a share of her former partner’s pension, who died in 2009. Sam Miles, Family Partner, reviews the case here and explains that, while this now brings Northern Ireland in line with laws already in England, Wales and Scotland, this does have larger implications for cohabiting couples rights.
A wife has taken her request to divorce her husband on the grounds that she is ‘desperately unhappy’ to the Court of Appeal after her divorce petition was refused in family courts last year.
A Judge has recently ruled that an ex-wife, who has been divorced from her husband for 15 years, can have the amount of spousal maintenance she receives each month from her ex-husband increased by £341 per month. Sam Miles, Family Partner, here reviews the case and considers the ways in which this could have been avoided.
Divorce is an emotional time for any couple, but if you serve in the military you may feel that your decision needs to be put on hold until you have returned from deployment. Sam Miles, Family Partner, here answers the questions she often faces explaining why this is not always a requirement and that you can continue with your life while continuing to serve your country.
A new three-part documentary series “Call the Mediator” takes a look behind the curtain of family mediation on Tuesday nights on BBC2. In an aspect of family life that is rarely shown in the media, it was the perfect opportunity to showcase an alternative to the depiction of slamming doors, and drawn-out arguments that often represent separation.
A new documentary series premiering on BBC2 tomorrow night; Mr v Mrs: Call the Mediator sets out to explore the experiences of splitting families at the time of divorce using footage of the mediation sessions, and the effects the experience has on both parties in their home and social lives.
Reaching an agreement in child arrangement disputes can be one of the biggest challenges a parent can face. Just ask Madonna; The 57 year old entertainer has been locked in a bitter child residence battle with ex-husband Guy Ritchie.
A study was commissioned by the Ministry of Justice (MoJ) aiming to shed light on how parental separation might affect children’s well-being.
Family solicitor and Partner Sam Miles is awarded Law Society accreditation for mediation services.
Today marks the start of international marriage week, celebrating the love and union of two people intending to spend their lives together. If you’re engaged and on the road to wedded bliss, then Congratulations! While organising the venue, flowers and seating plans, a few legal aspects often get overlooked.
On the 22nd January 2016 the no-fault divorce bill will get a second reading, which could lead to a major shake-up in the future of divorce proceedings if passed. Sam Miles, Family Partner, explores the bill and explains the impact this could have.
Parents are being urged to realise their rights should their children need to be taken into temporary foster care. This follows a recent family law case in which the most senior family judge in the UK accused the local authority involved of abusing the process and holding the children in temporary care for too long.
This phrase has rung true for two ex-husbands who have recently been uncovered as being dishonest during their original divorce hearings, meaning their ex-wives are now entitled to re-apply for their financial settlements. Sam Miles, Family Law Partner, here reviews the case and advises those who are currently divorcing to be open about their financial arrangements.
A businessman is facing a hearing in the Supreme Court to answer claims that he misrepresented the value of his company to cheat his ex-wife out of millions in their divorce settlement. Sam Miles, Family Partner, explains here that carving up a family business for a divorce settlement can spell disaster for the company, and the best option is to plan ahead rather than resort to crisis management.
While Christmas is enjoyed by the majority of us as a time for family, friends and merriment, for some families it can be a time of conflict. In situations where parents are separated, arrangements need to be made for where the children will be spending Christmas, and without proper preparations in place, instead of wishing for the latest computer game in their stocking, children could simply be wishing for an argument free holiday.
The Court of Appeal has recently upheld a family judge’s decision to order an anaesthetist to give 100% of his assets to his former wife. The case comes as a warning to those looking to shy away from making regular maintenance payments for the benefit of their children, and here Sam Miles, Family Partner, reviews the facts of the case and what motivated the judge to make the remarkable award of 100%.
The number of divorces and separations is constantly on the rise in the UK, with 118,140 divorces occurring each year. With so many people affected, Resolution, the organisation representing 6,500 family lawyers and other family professionals, is calling on Government to change the law to make the whole process less stressful, leading to less conflict and less impact on the children involved.
Those who have divorced without making proper financial arrangements should take heed from a recent case which could spell a very different future. In the case of Wyatt v Vince, the court ruled that an ex-wife could proceed with a claim against her former husband who, since their divorce 20 years earlier, had turned into a successful businessman worth millions. Sam Miles, Family Partner, reviews the case and advises how divorcing couples can avoid this in their own future.
Come January you either look back at the year or forward to the next. Family lawyers instead expect to be preparing for their so called busiest time of year. The first working day in January is known as ‘Divorce Day’ each year, as lawyers receive more enquiries than at any other time of the year, and the latest EU data shows that the UK has the highest rate of family breakdown in Western Europe.
The Department for Work and Pensions has proposed plans to implement regulations that will enable the Child Maintenance Service (CMS) and the Child Support Agency to share information about client’s payment records with credit reference agencies. This comes as another potential blow to families using the CMS, as only a few months ago new charges were introduced for families using their payment system.
The whole landscape of family law changed on 22nd April 2014 as the Children and Families Act received Royal Assent. The changes to the law will implement recommendations made by the Family Justice Review in 2011 which showed that the futures of vulnerable children were being jeopardised due to long delays and acrimonious court battles between parents.
Pre and post nuptial agreements are likely to be given binding status, in a move that’s intended to give couples a more predictable outcome on divorce. Samantha Miles, Family Partner, here explains the reasons behind the move.
Hard on the heels of Britain’s longest-running and most bitter divorce, the Government has said it will be pushing more couples towards mediation. Working as a mediator, Samantha Miles, Partner and Head of the Family department, has seen first-hand how mediation can help couples make life-changing decisions in their relationship, and so is wholly supportive of this initiative.
A recent case has given hope to victims of domestic violence when it comes to the safety of their children. Sam Miles, Family Partner of Hampshire based law firm Warner Goodman LLP, explains the ruling in this particular circumstance, and what this means for future justice in domestic violence cases.
The stress, worry and upset of divorce is all that couples should have to face when making this difficult decision, but now divorcing couples also have to manage the financial cost since Legal Aid disappeared for the majority of cases earlier this year. Samantha Miles, Family Partner at Hampshire based law firm Warner Goodman LLP, looks at the effect this is having on couples looking to divorce, and how the launch of their new fixed fee packages will help them.
Official figures released in December 2012 show that the number of divorces dropped by 1.7% in the previous year, but Hampshire based law firm Warner Goodman LLP highlight that divorce statistics continue to peak in the period following Christmas, with the second week in January notoriously the busiest month for couples taking the decision to part.
Experts predicting a ‘run on the bank’ as divorce payouts look set for reform. The trend for massive divorce settlements is set for seismic change if new recommendations go ahead, and experts are predicting a rush to the courts for unhappy spouses looking to capture a big pay-out before changes are introduced.
Confusion reigns in the divorce courts over the division of matrimonial assets in England and Wales with the news that the High Court has refused to award a man a half-share of his ex-wife’s lottery prize but elsewhere the Court of Appeal has included a husband’s inherited wealth in a payout to an ex wife.