There are many myths around divorce, but how many of them are true – we’ve taken some of the most common ones below and explained the real situation. Assets are always split 50/50 on divorce. Whilst the starting point in English matrimonial...
A Talaq divorce is, under traditional Islamic Law, said to have taken place when the husband pronounces ‘I divorce thee’ three times. After the pronouncement the marriage is dissolved instantly. However, for a Talaq divorce to be...
Pets are seen by many as part of the family and when a divorce takes place, the questions surrounding who will look after the family pet can add considerable distress to an already stressful time. Often the situation becomes quite fraught, but a specialist...
The issue of dowries in divorce is one which we come across often. There are a number of questions that clients often ask and in the article below we will aim to answer some of them. Can a wife claim back her dowry after divorce? The short answer...
2022 saw an enormous hike in the cost of living. Soaring energy bills, rising interest rates and the increased cost of food and fuel are undoubtedly having a considerable financial impact on people across the country. In relation to the breakdown of a...
The President of the Family Division, Sir Andrew McFarlane, has circulated a message in relation to the Transparency Implementation Group Reporting Pilot which commenced on Monday 30 January 2023 in Cardiff, Leeds and Carlisle. Journalists will be able to...
The first working Monday of the year is known by many as ‘Divorce Day’ because legal practitioners often receive an influx of separation requests, caused by the stresses of Christmas, upon returning to work. Caroline Elliott , partner and family...
Most, if not all, financial remedy judgments contain a review of the guidelines in section 25 of the Matrimonial Causes Act 1973, together with an analysis of relevant case law. Few judgments, however, provide a detailed checklist with a clear overview of...
Divorce applications have reached their highest level in a decade following the introduction of “no-fault” law . On April 6, new legislation came into effect in England and Wales enabling couples to go through divorce...
Pensions can, for many separating couples, make up a significant proportion of family assets and should be fully considered when financial matters are dealt with during a divorce. Where a couple with UK pensions divorce in England, the court can make various...
Six months on from landmark no-fault divorce reforms, legal experts and sociologists alike are keeping a close eye on the take-up and the reaction to the new separation option. Caroline Elliott , partner and family law specialist, provides insight on...
When a relationship ends, one of the most common concerns is whether one person can force the other to leave a shared family home. The outcome depends on your personal circumstances and there are safeguards in place to prevent a partner forcing the other out...
There is no standard formula for calculating appropriate financial provision on divorce. The court has a duty to consider all the circumstances of the case and to consider a range of specific statutory factors set out in section 25 of...
Many Muslim couples in the UK have both an Islamic marriage and an English civil marriage, though some couples enter an Islamic marriage without entering a civil marriage. Where a couple have entered a civil marriage, an English court can...
If you have obtained a divorce overseas there are some circumstances in which you can bring a claim for financial relief in the courts of England and Wales. Part III of the Matrimonial and Family Proceedings Act 1984 governs the bringing of financial claims...
If you have obtained a divorce overseas there are some circumstances in which you can bring a claim for financial relief in the courts of England and Wales. Part III of the Matrimonial and Family Proceedings Act 1984 governs the bringing of financial claims...
The introduction of no-fault divorce in England and Wales has now arrived after over 30 years of campaigning by some family lawyers and other campaigners. Up until now the rules in England and Wales meant that anyone who wanted to divorce or end their civil...
The recent outbreak of Covid-19 and the restrictions which have been put in place by the Government mean that a large number of us are spending more time on social media platforms, such as Facebook, Twitter and Instagram, and using electronic forms of...
The Matrimonial and Family Proceedings Act 1984, Part III, enables people to apply to courts in England and Wales where there has been an overseas divorce and no, or inadequate, financial provision has been made. It is necessary to apply for permission, or...
Consider the case of MB v EB. The parties separated in 2004 after only three or four years of marriage. In 2011 they agreed on a separation agreement where the husband, a struggling artist, received £245,000, from his wife, to purchase a property and...