The basis of the current divorce law: Currently, in order to get a divorce in England and Wales, you need to show that your marriage has irretrievably broken down. This is the only ground for divorce and is demonstrated by using one of the following 5 facts: That one party to the marriage has committed…
Cryptocurrency, such as Bitcoin and Ethereum, is in the news on a daily basis. More and more people are investing in these alternative assets, as well as NFT artworks and tokens. But what happens when these assets are held by one person in a marriage? What part do they play in the settlement agreement of…
The Court does need to be involved to formalise the divorce process; however, it is possible to resolve the majority of issues (for example matrimonial finances) amicably and by consent. Agreeing matters by consent can provide parties with more control over the outcome and can save tens of thousands of pounds in legal fees. We…
Since the Covid-19 pandemic we have become increasingly aware of the impacts that the lockdown has had on family dynamics. This has been both positive and negative with some families being able to spend a lot more time with each other but with some it has led to a realisation that their relationship is in…
In a recent Supreme Court Judgement, the Court found that an aristocratic couple who had commenced divorce proceedings in Scotland could continue the wife’s claim for the matrimonial finances to be considered in England. Does this lead the way to divorce tourism? The facts of the case Charles Villiers and his wife Emma Villiers were…
For many separated or divorcing families, this summer period may be the first school holidays where everyone is living separately. Organising time with your family can become complicated and this can lead to tensions between parents and children alike, especially in the wake of the Covid-19 pandemic. The fundamental advice is that, wherever possible, do…
Lockdowns and social distancing measures have caused court closures, which will increase delays where there are already backlogs. Further disputes involving supply-chain issues, employment disputes and other commercial matters emerging from the pandemic will further increase the backlog of cases. Courts are using video conferencing technology to conduct hearings, but another way to bypass the…
Covid-19 has brought many difficulties this year. For separated parents there may have been disagreements with current child arrangements. On 24th April 2020, Cafcass launched their co-parent hub to try to provide parents with online tools to co-parent effectively during lockdown and the ongoing future. How does it work? Parents who wish to use…
For many separated or divorcing families, the summer period may be the first school holiday where everyone is living separately. Organising time with your family can become complicated and this can lead to tensions between parents and children alike. The fundamental advice is that, wherever possible, do try to keep all arrangements for seeing the…
As part of any divorce, and when advising clients, we will always look at whether the particular circumstances of that case would enable them to agree a clean break. A “clean break” is in effect where, as part of their settlement, there are no ongoing financial obligations between the parties, which will therefore be linked…
