financial settlement 2017 coins

Financial affairs in family matters

In times of separation and divorce, it is often instinctive for parties to consider the welfare of the children and their immediate financial needs. Ordinarily, this includes one party leaving the former family home, often with the children, and securing temporary accommodation, addressing child maintenance and income requirements, before taking the time to reflect on the longer term picture. The detail …

divorce week january

Divorce Week – A Myth?

Traditionally, the busiest time of year for family practitioners is the first week of January where new enquiries will rise significantly, coining this week as “Divorce Week”. This may be down to the stress and pressures accompanied with Christmas and perhaps extended family members visiting for prolonged periods of time. Some marriages may already feel the strain of the relationship well before …

two years separation clock

Two year separation by consent

Two years‘ separation along with the respondent’s consent to divorce proceedings (commonly referred to as “Two years with consent”) is one of the five facts a divorce petitioner can rely upon, in order to prove that his marriage has broken down irretrievably under the Matrimonial Causes Act 1973. In an undefended case, the court simply accepts the statement made in the divorce petition that the …

5 years separation and your divorce

In order to become divorced in England and Wales under the Matrimonial Causes Act 1973, a party must demonstrate to the court that their marriage has irretrievably broken down. This is demonstrated by evidencing the breakdown by one of 5 facts to the court, including demonstrating to the court that the parties have lived apart continuously for at least a 5 year period immediately …

Divorce Hotel – get away to get divorced.

There has been a great deal of thought and consideration given to how separating couples can divorce with as little acrimony, conflict and expense possible. The latest in a long line of ideas is the divorce hotel. Substantial media coverage has been given to this innovative Dutch approach, which promises “…divorcing in a positive way…in a relaxed environment and with …

disclosure

False disclosure and setting aside an order

The case of Goddard-Watts [2016] was recently published, dealing with circumstances where a financial order had to be set aside as a result of the husband providing false disclosure.The case follows on from the landmark rulings in Sharland [2015] and Gohil  [2015], which had focused on when a financial order should be set aside (for example, as a result of material non-disclosure). …