No-fault divorce hailed a success after two years in practice
May 30th 2024No-fault divorce has been hailed as a welcome success, two years after it was introduced in 2022. Amy Fallows Senior Associate Solicitor & Head of our Family Law team reports. The Divorce, Dissolution and Separation Act 2020 was designed to reduce the potential for conflict among divorcing couples by removing the ability to make allegations about the conduct of a spouse and allowing couples to end their marriage jointly. Under previous law, one…
Government decides against increasing divorce fee by 10%
May 13th 2024The Government has decided against increasing divorce fees by 10% as initially proposed. Sarah Hinett, Paralegal in our Family Law Team provides an update. The decision comes after a public consultation in which concerns were expressed that higher fees could lead to some couples being trapped in an unhappy or abusive marriage. Divorce application fees will now remain at £593. In its response to the consultation, the Ministry of Justice said: “Consultation…
Summer holiday myths: advice for ex-partners travelling with children
May 1st 2024Summer is coming and families are starting to get excited about trips to warmer climes. Sadly, the summer months are often a time when hostilities between ex-partners peak and we get an increase in enquiries from parents who are unaware of what they can and cannot do when wanting to book time away with their kids. There are plenty of misconceptions around holidays, so let’s bust some myths around taking…
‘No Fault’ divorce applications fall by 12% after initial surge
March 27th 2024The number of ‘No Fault’ divorce applications has fallen significantly following the initial surge when the new system came into effect in 2022. Sarah Hinett, Paralegal in our Family Law Team reports. Government figures show that in July to September 2023, there were 27,290 divorce applications. That was down 12% compared with the same quarter in 2022, which was the second quarter following the start of the new divorce law. It’s thought…
Cohabitation – there’s no such thing as a ‘common law wife’
March 25th 2024I don’t know if there’s something in the River Tyne, but Cartmell Shepherd has experienced a significant increase in enquiries from people looking for legal advice about cohabitation. On more than one occasion recently, I`ve been stopped in various locations “for a quick chat” about someone`s “common law” rights. In less than a century, how we “do” romantic relationships has shifted massively. Gone are the days when the only acceptable…
Early legal advice for separating couples but no mandatory mediation
March 15th 2024Separating couples will get early legal advice as part of the Government’s family court reforms, but the idea of introducing mandatory mediation has been scrapped. Joanne Grey Senior Associate Solicitor in our family law team reports on this recent case. A legal advice pilot will be launched to help families agree child arrangements quickly, addressing barriers to early resolution including a lack of understanding of the options available such as mediation, which will…
Children to remain with mother even though she abducted them
February 28th 2024A court has ruled that two children should remain with their mother even though she abducted them and retained them unlawfully. Shannon Bateson, Solicitor in our family law team reports on this recent case. The case involved a Polish couple who moved to Scotland with their three-year-old son in 2013. They then had a second son who was born in 2015. The family remained in Scotland until July 2021, when they returned…
Wife ordered to pay husband £120k after trying to thwart settlement
February 22nd 2024A wife has been ordered to pay her husband £120,000 after trying to thwart the terms of their divorce settlement. Amy Fallows Senior Associate Solicitor & Head of our Family Law team reports. The Family Court heard that the couple had run a property lettings business together. All the properties were in the wife’s sole name, as was the matrimonial home. A final order was made in 2021 that provided for a roughly…
Husband tries to overturn divorce order with claim about £2m diamond
February 14th 2024A husband who claimed his wife had concealed a £2 million diamond from him during divorce proceedings has failed to overturn their financial settlement. Joanne Grey Senior Associate Solicitor in our family law team reports on this recent case. The case involved a couple who had been married for several years and had two children. Under the settlement of 2021, the husband was to receive the family home and the wife was to…
Separated couple granted parental rights in surrogacy case
December 18th 2023A couple who separated after having twins through surrogacy have been granted parental rights despite a delay in making their application. Joanne Grey Senior Associate Solicitor in our family law team reports on this recent case. When the couple were in a relationship, the woman was told she would be unable to conceive. The twins were born through surrogacy by the woman’s sister by artificial insemination using the man’s gametes. The couple separated…
