Practice Direction – Amendments to FPR

From 3 October 2016 amendments to the existing Practice Direction supplementing the Family Procedure Rules will come into force. This blog briefly outlines the amendments that will be made and how it might affect you. As you may already be aware, Mediation Information and Assessment Meetings (MIAM) are required before an application to court unless your circumstances are such that …

same sex

Converting civil partnerships to same sex marriages

Same sex marriage conversion became available to civil partners in March 2014, under the Marriage (Same Sex Couples) Act 2013. The rights and responsibilities of couples in same sex marriages are broadly the same as those in opposite sex marriages. The legal requirements for same sex divorce are similar to those for opposite sex divorce, but there are minor differences, e.g. …

occupation orders

Occupation orders in family proceedings

Following the breakdown of a relationship, it can be impractical for both parties to remain living under the same roof, even if they consider themselves legally separated. Commonly, one party will move out while matters relating to the financial aspects of their former relationship are concluded. Of course, the financial practicalities of this may not be an easy matter to overcome. The court has powers to …

Fact finding hearings and how they can influence children cases

It is common for there to be factual disputes between the parties during the course of private children proceedings. Often these may revolve around allegations of drug or alcohol addiction, domestic violence or physical and emotional harm against the children themselves by one party.  The court must consider if these allegations and disputes are central to its role in considering …

Brangelina “lawyer up” for divorce proceedings

Only by living in a cave will you have missed the news that Hollywood power couple, Brad Pitt and Angelina Jolie – perhaps better known universally as Brangelina – are to divorce. For many people, these uber-celebrities are individuals they are familiar with through gossip columns and social media, reading about their lives on an almost daily basis in magazine, and yet …

TOLATA – Court applications on cohabitation breakdown

The Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) is a piece of legislation that allows separated couples who were cohabiting to deal with any dispute over property in which they lived during their relationship. TOLATA is the principle remedy for relief and section 14 of the act should be made where there is a dispute over whether …

Private sector courts – the future of family law

We have all become accustomed to a reduction of public services in this age of austerity and nowhere is that felt more sharply that in the family courts. As family courts continue to be threatened by closure, and the remaining courts dealing with an increase in workloads as they manage a greater number of litigants in person, as a result of …

Herts Balance – Guest contributors to the September/October edition

Hunter & Uro Solicitors have combined with local, lifestyle magazine Herts Balance as guest contributors to their September/October edition. The free magazine tries to help readers achieve their own lifestyle balance through thought provoking and entertaining articles, based in their home county of Hertfordshire. the aim of the magazine is to inform, inspire and encourage readers to striking their own balanced lifestyle. Hunter & …

Undertakings – What are they and when are they used?

Undertakings are legal and binding promises to the court. In this blog we are looking specifically at two forms of undertakings – undertakings to do or not do something other than pay money (e.g to take out a life assurance policy) and undertakings to pay money. An undertaking to do something or not to do something other than pay month …

Add-back in Financial Remedy Proceedings

Add-back in financial remedy proceedings usually involve re-attributing some or all of the money to the party who is responsible for reducing the assets available for distribution on divorce. Claims for add-backs are more likely to succeed when a party recklessly or wantonly spends or dissipates money that otherwise would have formed part of the matrimonial pot. The spending must …