The FMC submitted a series of proposals to the MoJ in order to encourage more families to use mediation to settle disputes. The proposals included MoJfunded MIAMs for all, better gatekeeping by the courts, and an online scheme whereby judges could refer parties to mediation if they had reached court. The MOJ confirmed they had lots of let...
When couples with significant assets decide to separate, it can become a costly and protracted proceeding. But high net worth couples are not average, they have many unique issues that take more time to resolve, and their legal fees are often much higher. With so much property and assets at stake, there is the potential for a long and drawn out cou...
This judgment gives an insight into the mindset of the family judiciary at this moment in time. It is reproduced in slightly abbreviated form below: 1. In error and, no doubt, under intense pressure from a busy court list, a legal adviser made an unnecessary and disproportionate order for the disclosure of five years' worth of medical records relat...
An application for a financial provision order or a property adjustment order cannot be made if a party has remarried (section 28(3) Matrimonial Causes Act 1973). The Petitioner's financial claims are usually left in the divorce petition but if the claims were crossed out, or it is the Respondent who wishes to make a claim, a Form A needs to be iss...
Resolution members commit to a Code of Practice that promotes a constructive approach to family issues and considers the needs of the whole family, in particular the best interests of children. What can you expect from a Resolution member? Dealing with separation and divorce is difficult. Emotions are high and even if two people agree, the changes ...
Divorce may involve parties from different countries. This is increasingly common. Such divorces can involve countries within the EU or elsewhere. This Insight will set out the current rules in such circumstances. It will then examine the potential impact on getting divorced after Brexit – whether the UK leaves with or without a deal. How mig...
This guidance explains the changes to UK-EU cross-border disputes about parental responsibility from 1 January 2021. It is intended for people involved in family law disputes. If you are a legal professional, please refer to the guidance for legal professionals. If you are currently or soon to be involved in a case that you think may be affected by...
This guidance explains the changes to UK-EU cross-border divorce cases from 1 January 2021. It is intended for people involved in family law disputes. If you are a legal professional, please refer to the guidance for legal professionals. If you are currently or soon to be involved in a case that you think may be affected by this you should speak to...
This guidance explains the changes to UK-EU cross-border maintenance disputes from 1 January 2021. It is intended for people involved in family law disputes. If you are a legal professional, please refer to the guidance for legal professionals. If you are currently or soon to be involved in a case that you think may be affected by this you should s...
No sooner had clarity been obtained as to how child contact would work within and across the tier system, than the government announced its suspension in England. From 5 November 2020, a 4-week lockdown will begin. Thankfully though, the position on child contact is very much clearer this time around. What the lockdown means for families Just...
We are living in strange and challenging times. Covid-19 has drastically changed our role and place within our family, at home and work. We have had to alter our habits and how we use our home and other spaces. Stress, conflict, uncertainty and feeling unsettled may be the consequences of such changes, which can, in turn, be the last straw for a ma...
These tips are mainly aimed at Christmas, but could apply equally to any holiday period.1. Remember the holidays are not all about you.Your children deserve their holidays/celebration even if you feel cheated out of yours. Even though you will miss them and may feel sad, encourage them to have a really good time with their other parent.2. Get into ...
