Dividing your matrimonial assets in a divorce will be difficult and complex depending on the assets accumulated during your marriage. This can be more complicated if there is a business. Sam Miles , Partner in our Family Law team, discusses...
One of the matters that a divorcing couple may need to consider is the arrangements for their finances. These can include property, income, investments, contributions towards children, and pensions. For some, the pension can be one of the largest...
For separating or divorcing couples, making life changing decisions will be part of the process of starting a new life, however this can not always be achieved amicably. Agreeing on arrangements for your children or your financial matters will be...
As members of Resolution, we are pleased to support the organisation once more in their annual Good Divorce Week campaign, running this year from 30 th November until 4 th December, particularly at a time when the coronavirus pandemic has led to additional...
9th June 2021: Since publication of this article, it has been announced that the Divorce, Dissolution and Separation Act 2020, will come into force on 6th April 2022. The long awaited changes to the divorce regime which seek to remove the need to...
The coronavirus crisis is redefining lifestyles and the boundaries of our interactions; a situation that can challenge even the strongest bonds. For couples who are struggling in their relationship, or were in the process of divorce or Family...
If your divorce has recently been finalised and as a result you are either reliant on or are obliged to adhere to a Financial Order, we understand that you may have questions due to the uncertainty now created by the coronavirus pandemic. Sam...
Making the decision to divorce or separate will be a difficult one for any couple, but in the current climate when we are also facing the coronavirus pandemic, self-isolation and financial concerns it can add even more strain. Our Family Law team...
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.
Upon separating, many married couples assume that the financial arrangements and division of assets will be considered by the court at the same time as the divorce petition. This is not the case however, and so a legally binding financial order may be needed to specify how any monetary assets will be divided. It will also bind you to an agreement that no future claims will be made against your former spouse’s financial assets, for example if they receive a large inheritance or sell their business. Sarah Pennicott, Associate Solicitor in our Family team, explains more about how the application for a financial order works and when you should apply.
There are currently no prescribed time limits as to when a pre-nuptial agreement should be completed. It is best practice that the agreement should be entered into at least twenty eight days before you celebrate your marriage, but you can also enter into post-nuptial agreements shortly after marriage and these should not be treated differently by the Courts should your marriage end. Sarah Pennicott, Associate Solicitor in our Family team in Portsmouth, explains the facts you need to consider regarding pre-nuptial agreements, and whether it may be right for you.
The number of couples entering into a civil partnership has increased in recent years; the most recent Office of National Statistics from 2017 show an increase of 2% compared to 2016. With the increase in those entering a civil partnership also comes the increase in the number of those coming to an end. Sarah Pennicott, Family Solicitor in our Portsmouth office, here explains how a civil partnership legally comes to an end, and how we can support you through this emotional change in your life.
Statistics show that over half of divorcing couples have at least one child at the time of their divorce but, of course, many more children go through parental separation each year because these statistics do not include parents who have not been married.
A midwife has succeeded in claiming she is entitled to 50% of the £1 million home she had shared with her CEO ex-partner after a High Court Judge agreed that he had promised her half the property during a conversation in a pub 13 years ago. Hannah Rogers, Family Solicitor in Portsmouth, reviews the case here and advises how you can possibly avoid the same situation through a Declaration of Trust or Cohabitation Agreement.
The news that no-fault divorce is likely to become law has been welcomed, but what does this mean for couples in the future? Hannah Rogers, Family Solicitor in Portsmouth, explains what the change in legislation means and why Family Mediation still has a valuable part to play.
Recent figures from the Office for National Statistics (ONS) have shown that divorce rates are on the decline however separation is increasing; indicating that a growing number of couples are choosing not to marry. Sam Miles, Family Partner, reviews...
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.
Grandparents can often be caught up in the breakdown of a marriage, which can sometimes result in the breakdown of any contact they would normally have with their grandchildren. Hannah Rogers explains here what rights grandparents do have when their son or daughter divorces from their partner, and the steps that can be taken to ensure the best resolution for every party.
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.
A recent case judged in a private hearing is believed to have led to the largest divorce pay-out in the UK of £453million. Sarah Pennicott, Family Lawyer, here reviews the case and explains why it has an impact on not only high-net worth individuals, but all couples considering a divorce.
In light of the upcoming election, Nigel Shepherd, National Chair of Resolution, has urged the major political parties to commit to family law reform in their manifestos. Hannah Rogers, Family Lawyer, here reviews the contents of the letter, and why they are necessary to keep up with today’s modern families.
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.
January is notoriously known as the month when family lawyers become busy following Christmas chaos and arguments. Figures from the Office for National Statistics (ONS) however show that the overall rates of divorce are continuing to fall.
Children proceedings, whether public or private, include children of varying ages and all with different levels of understanding of the process that they are involved in. Within public children law cases which can involve children going into foster care, the Guardian appointed by CAFCAS (Child and Family Court Advisory Service) represents the child, their wishes and best interests. However, the view of the Guardian does not always align with the views of the child. In some cases a child is also entitled to appoint their own solicitor. Hannah Rogers, Trainee Solicitor, explains here what a child can and cannot do during proceedings in which they are involved.
So, you’ve met someone you want to share your life with and want to make a home together. Neither of you are in a rush to marry, maybe one or both of you have been through a marriage that went wrong and don’t want to go through it again. Maybe it just isn’t on your agenda. You decide that it’s much simpler to just live together. All well and good….until it isn’t.
With Legal Aid becoming more difficult to obtain and the cost of legal services being too high for some, more people are conducting their own Family Law cases in court. Anyone involved in a family law case is entitled to represent themselves and they can also be accompanied by someone who can give them reasonable assistance. This person is called a McKenzie friend. Hannah Rogers, Trainee Solicitor, here explains what a McKenzie friend is and, while able to lend support during an emotional time, why having a solicitor is of paramount importance.
When a couple goes through a separation or divorce, it will be an exceptionally trying time for all concerned, but when children are involved it can become even more emotionally difficult. Depending on the nature of the dispute, children could feel they are in a position where they must choose between their parents, they could be used as leverage and their whole routine and way of life will change. The decision may even be out of the parent’s control, if the Local Authority is involved and the children are at risk of being removed from the parents care.
A recent Court of Appeal decision found that an oral agreement agreed by an unmarried couple was legally binding; reiterating the benefits of obtaining legal advice at the time when couples begin to live together.
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.
Separating couples are facing a further rise in the cost of divorce with a big increase in court fees, and many are facing up to the challenge of asset-sharing and high property prices by turning to innovative solutions to deal with the change.
An increase to the Court fee payable to file for a divorce has long been on the horizon. It has now been confirmed that the fee will increase by a whopping 34% rising from £410.00 to £550.00 on Monday 21st March 2016.
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.