July 06, 2015 | Posted by : J Morris
A recent report based on research by the University of Warwick examined nearly 200 family law case files from 2011 to investigate whether the family courts in England and Wales have a gender bias against fathers. Lead researcher on the project Dr Maebh Harding concluded that “contact applications by fathers were […] overwhelmingly successful”, with 88% of fathers who applied for contact with their children being awarded some kind of access.
Glen Poole, editor at online magazine insideMAN and author of Equality for Men responded to the study in the Telegraph, disputing the conclusion and maintaining that the role of single fathers is far from equal: ...
May 27, 2015 | Posted by : J Morris
A family with happily separated parents is far healthier than a family with miserable married parents. And while the separation process itself may be difficult, in the long run, resolving the issues of a broken relationship will provide a more stable and positive environment for children.
If you’re worried about how your children will cope with the stresses of divorce, the family law team at Frances Lindsay & Co have a few suggestions for how to work through the hard times together and come out the other side stronger as a family:
Try a resolution-based method of separation like
March 28, 2015 | Posted by : J Morris
The most commonly cited reason for divorce is ‘unreasonable behaviour’ which is a broad term that covers a range of complaints from a lack of communication to adultery. There are many ways for a relationship to break down, whether it’s due to slow-burning resentment or the effect of one unacceptable incident. Unfortunately, many people tolerate an unhealthy marriage for far too long before taking action, by which time both parties are miserable, and resolving their differences becomes difficult and protracted.
Couples often try to keep a failing marriage going for the sake of their children or to retain financial stability, which is completely understandable, ...
March 12, 2015 | Posted by : J Morris
Yesterday the Supreme Court reinstated the right of a millionaire’s ex-wife to claim financial support after nearly 20 years after their divorce. After marrying in 1981 and divorcing in 1992 with no assets to divide, Kathleen Wyatt and Dale Vince went their separate ways. While Wyatt continued to bring up their two children, Vince founded green energy company Ecotricity, now a multi-million pound business. In 2010 Kathleen made an appeal to receive a financial settlement, 18 years after the fact.
The Supreme Court have since allowed the appeal, acknowledging it as a legally recognisable claim and enabling Wyatt’s application to continue through the Family Division of the High Court. This means she will ...
March 04, 2015 | Posted by : J Morris
When a relationship comes to an end, the first major issue most couples need to tackle is their living arrangements. Dealing with property law can be a complicated process, and it’s always best to seek the advice of an experienced family lawyer before you start making decisions. Your housing rights will depend on your marital status, any dependants, and whether you own or rent your home.
If you own your home outright or have a mortgage and both your names are on the title deeds:
You and your ex-partner both have a right to stay in the home if you are both legal owners;
You may also return to the home, even if you have ...
November 11, 2014 | Posted by : J Morris
Justice Minister Chris Grayling faced outrage in the press earlier this year for a policy that banned books being sent to prisoners, and now is the recipient of widespread criticism over cuts to legal aid. Solicitors are now taking Grayling to a judicial review, concerned that recent changes to the family law system are detrimental to parents going through the process of separation.
Despite the Justice Minister asserting that reforms are “going exactly to plan”, the House of Commons Justice Committee is undertaking an investigation of the results of the legal aid cuts made by the coalition in April 2013. Funding support for
June 20, 2014 | Posted by : J Morris
In April, a number of key changes came into effect for family law cases and private children’s issues. The Government has acknowledged that the sometimes adversarial environment of court may not always provide a positive arena for separating parents, and Sir James Munby, President of the High Court Family Division, is actively encouraging couples to seek help from mediator-solicitors for family-based alternatives to divorce.
Following the changes in the Children and Families Act 2014, anyone applying to court to arrange financial provision and care arrangements for children must attend a Mediation Information and Assessment Appointment (MIAMS) before court proceedings can go ahead. These issues include where children will live ...
February 10, 2014 | Posted by : J Morris
Celebrity couples are renowned for their break-ups, with every detail of their marriage and financial agreements being aired in public by the headline-hungry press. Perhaps it’s because of these high profile cases that many people assume pre-nuptial contracts to be something that is reserved for the rich and famous, or for couples who have a large disparity in earnings, but they can be much more than a simple protection of assets.
A nuptial agreement is a document that helps couples to settle any financial claims made against one another in the event of separation. The details of a pre or post-nup agreement can be confirmed before or after marriage, and while they ...
January 16, 2014 | Posted by : J Morris
January often brings a spike in enquiries for divorce and separation. The festive period can be stressful for couples and families, revealing underlying cracks in a relationship and prompting the decision to make a change. The new year is a time for new starts, and despite the gloomy weather, January can be a productive month for making resolutions. And, as with any resolution you intend to keep – whether you’re trying to give up smoking, cut down on alcohol, get fit, or end a toxic relationship – little steps are more effective than trying to take big leaps. When faced with a separation, attempting to take on everything at once will leave you confused and ...