The Law Commission’s final report about how certain aspects of financial cases are to be dealt with on divorce is due to be released in autumn of this year. The report aims to give much welcomed clarity to the legal profession and the public about certain issues which arise when separating, divorcing, dissolving civil partnerships [...]
Comment and advice on the latest legal issues, and answers to some of the questions we are often asked…
Archive | Family Law
Can I Get Legal Aid For a Divorce, Children or Financial Disputes?
From 1st April 2013 legal aid has not been available to help people with the legal costs associated with both divorce and disputes relating to children and finances. There are a few exceptions to this, but these are limited. You can still obtain legal aid if you are financially eligible and: • You are a [...]
10 Tips to Ensure That Your Legal Costs Don’t Spiral out of Control
The legal Ombudsman recently reported that almost 18% of all complaints related to family law are principally about legal costs. One client had been charged £4,000 for photocopying; another £15,000 for additional costs. Family lawyers reacted defensively to the report with many blogs, comments and interviews, yet it is difficult to understand how such appalling [...]
Emsleys Family Mediation – Changes to legal aid and new challenges ahead for family lawyers
Today, 2nd April 2013, marks the first working day of the changes in the provision of family legal aid. As of today therefore nobody will be able to receive legal aid for family law issues unless the case involves domestic violence (which in itself is a very stringent test); parents involved in local authority care [...]
Marital Agreements – Pre and Post Nuptials
The law relating to Pre (and post) Nuptial agreements in England and Wales is gathering apace and there have been a number of high profile cases which have reached the national news in the past few years. Coupled with the countless number of US sitcoms and dramas on our televisions referring to the “Pre-Nup”, it [...]
Enforcing Maintenance Orders
Scott Young, an allegedly bankrupt businessman, was last week sentenced by the Court to 6 months imprisonment for failing to comply with a Court Order made in divorce proceedings requiring him to disclose his true wealth. Said to be worth £400m, Scott Young was ordered by Mrs Justice Black in 2009 to pay to his [...]
Fuzzy Logic – New Rules for Child Benefit
As of 7th January 2013, Child Benefit payments became dependant on an individual parent’s income and ceased to be a universal welfare payment paid to all parents with the care of a child. This means that people with annual income over a certain level will no longer receive automatic Child Benefit payments. For many parents [...]
Shared Parenting: A New Father’s Perspective
Two things have happened since my blog in June about the proposed changes to legislation on shared parenting. Firstly, my wife gave birth to our first child; and secondly, the Department of Education have introduced the wording for the amendment which provides the legal basis for shared parenting. I must say that a baby really [...]
Women and Pensions when Divorcing
The eighth annual Scottish Widows Women and Pensions report for 2012 has just been published. This, perhaps unsurprisingly will not be top of the list of things to read and worry about for many women as we carry out that fine balancing act of juggling a job with family. A YouGov poll in March 2012 [...]
Matrimonial Property: Needs and Agreements
On 11th September the Law Commission published a paper on the law relating to financial orders in divorce and dissolution of civil partnership. The document is 131 pages long, but you can read my summary of the main points here. The Law Commission is an independent body tasked with reviewing current law and making proposals [...]
