Delay in dealing with the family finances

The court only makes financial orders if an application for an order has been made, usually either made as part of divorce proceeding (within the divorce petition) or by way of an application for financial remedy. Providing that an application to deal with the finances is not dismissed as part of the divorce proceedings, there is no time limit within …

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Online divorce in the 21st century

Former Chancellor, George Osborne MP, announced in his 2015 Autumn Budget that £800 million would be made available for technology and online improvements in the courts, to bring “long-term savings and speed up the process of justice”.  The source of these funds came with some recrimination, as the new proposals were funded in part by the closure of court services across …

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Pensions for cohabiting couples

Earlier this week, the Supreme Court unanimously allowed a widow’s appeal, declaring that the requirement in the 2009 Regulations that her deceased husband should have nominated her as a recipient of lifetime payments for his pensions should be disapplied. In doing so, the widow is entitled to receive a survivor’s pension under the terms of the deceased husband’s pension scheme. The …

Welfare Checklist and its importance to your children

When considering an application to make, vary or discharge a section 8 order relating to children, the court is bound to consider and apply the Welfare Checklist. These section 8 orders relate to orders made under the Children Act 1989 and include child arrangements orders (previously known as residence orders and contact orders), prohibited steps orders and specific issue orders. …

Enforcement of financial court orders

Many client will instinctively want a financial “clean break“, following the conclusion of divorce proceedings. In this blog, we consider what happens if your former spouse does not pay the money due to you, or does not transfer their property, pension or other assets as ordered by the court, together with the enforcement options open to you. The first port of …