In divorce cases that have become acrimonious, one or both ex-partners may behave unfairly toward one another out of spite. One example is where a party to the divorce transfers or sells assets during financial remedy proceedings.
In divorce cases that have become acrimonious, one or both ex-partners may behave unfairly toward one another out of spite. One example is where a party to the divorce transfers or sells assets during financial remedy proceedings.
People often associate prenuptial agreements (or “prenups”, as they are sometimes known in the UK) with individuals who have extravagant wealth or celebrity status. This is not necessarily accurate: prenuptial agreements are increasingly made by engaged couples who wish to have certainty regarding their future financial affairs before getting married.
Parental separation can be very difficult for children to adjust to, and can cause them to feel upset and angry toward their parents. Sometimes, a child can react in a way that exceeds this, by suddenly or persistently resisting a relationship with one parent.
In recent years, children proceedings have included an increasing number of domestic abuse allegations. In many cases, these allegations are true. These are taken very seriously by the family court which must take appropriate steps to safeguard any children involved.
When divorcing, a couple must decide how to divide their wealth and manage any ongoing financial obligations to one another. Where they can agree amicably, this is relatively straightforward. However, if they cannot reach an agreement, the Family Court can make a financial order setting out how the parties shall manage and split their assets.
Following the breakdown of a cohabiting relationship, questions of living arrangements must be resolved: who is entitled to stay in the home, and can that person make their ex-partner move out? These issues are particularly pressing in cases where the relationship has become high-conflict or unsafe.
One of the most common questions asked during divorce is whether a spouse’s behaviour can affect the financial settlement.
Following separation, many fathers are concerned about whether they will continue to play a meaningful role in their child’s life.
If you are separated from your child’s other parent and wish to move home, you may be wondering whether you need their consent. The answer depends on the nature of the move and the existing arrangements for your child.
In Family Court financial remedy proceedings, non-matrimonial assets are distinct from matrimonial assets.
A specific issue order allows the court to decide a particular issue of importance about a child when parents cannot agree.
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1. Introduction When two people divorce, financial remedy proceedings run alongside divorce proceedings to determine the division
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Where two people have separated and obtained a divorce in an overseas country, they cannot apply immediately for a financial remedy in England and Wales. Instead, they must first seek the leave of the Court under Part III of the Matrimonial and Family Proceedings Act 1984 (“the 1984 Act”). Such applications entail a two-part procedure, as set out below.
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Introduction
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