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Demystifying Pension Sharing

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Demystifying Pension Splitting: A Guide to Pension Sharing for Divorcing Couples

Know your fair share in divorce

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Only a third of the 100,000 couples who get divorced in England and Wales each year use the legal system to reach a financial settlement: the remaining two thirds negotiate their own arrangements or reach no settlement at all.

Family Mediation Week 2024

Jennifer Allen
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Given it is mediation week this week, we wanted to take this opportunity to raise awareness for our readers/clients.  We have qualified family mediators at Hughes Paddison, Jennifer Allen and Jane Brothwood who can both offer mediation services to separating couples.

Can divorce affect your right to remain in the UK

Jo Lingard
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Depending on your immigration status within the UK, a divorce, dissolution or in some cases simply the breakdown of a relationship can affect your immigration status. The impact and outcome will ultimately depend on a number of varying factors and need to be considered case by case.

Bankruptcy and Financial Remedy Proceedings

Katie Buswell
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The financial consequences of a marriage breakdown, alone, can be very difficult for people to navigate. However, with the current cost of living crisis, rising mortgage interest rates and the impact of the COVID pandemic still being felt by many, spiralling debts and personal insolvency is undoubtedly on the rise.

Good news for separated vulnerable families

Jennifer Allen
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On Thursday, 29th June 2023 a Bill ensuring victims of domestic abuse can receive child maintenance without requiring contact from their former partner/abuser, has received Royal assent.

Parental Alienation: what is it and what can you do about it

Julie Bennett
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Parental Alienation is often cited as a reason why a parent isn't having contact with their child(ren) or hasn't seen their child(ren) in some time. This becomes a very distressing situation for parents who feel they are being alienated fro

No Fault Divorce - 1 Year On

Shaughney Loveridge
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Major Changes to Divorce Law On 6 th April 2022, the Divorce, Dissolution and Separation Act 2020 reforms came into force. The new legislation made three major changes to the divorce process and how separating couples could apply for divorce: ...

5 Tips for a Good 'No-blame' Divorce

Julie Bennett
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With over 30 years’ experience, Hughes Paddison’s Family Team are experts at helping couples navigate what can be one of the biggest traumas they will experience in their lifetime.  With years of experience of tumultuous divorce...

Divorce and Tax: New Changes Proposed

Julie Bennett
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The government has proposed changes to the way Capital Gains Tax (CGT) is calculated on separation or divorce. In this blog, family director, Julie Bennett, looks at the proposed changes and how these changes will impact spouses and civil partners upon divorce and dissolution.

What is hybrid mediation and when might I need it?

Jennifer Allen
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As a member of Resolution and the Family Mediation Counsel, Jennifer Allen is committed to keeping issues that arise between couples after the breakdown of their relationship, out-of-court, so far as possible. One way in which this can be achieved is through mediation or more specifically hybrid mediation. Hybrid mediation brings together the best of both family and civil mediation models and is a time-tested option when considering your mediation options.

Benefits of Mediation for separating families

Jennifer Allen
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Every year Mediation Week 17-21 January 2022, lead by the Family Mediation Council (FMC) helps raise awareness of Family Mediation for those seeking a divorce.

Our aim is to let more people know about the benefits of family mediation and to encourage separating couples to think about family mediation as a way of helping them take control, make decisions together and build a positive future for them and their family. 

What to expect in your first meeting with a family solicitor

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Many of our clients are understandably apprehensive about their first meeting with a family solicitor to discuss a divorce, relationship breakdown or issues about children. 

We know that talking about your private life, finances and children can be difficult, and we aim to deal with all your concerns and fears sensitively and empathetically. What you discuss with your solicitor is confidential. Rest assured, you will never be judged, whatever your circumstance. I do not think it is possible to shock a family solicitor!

The Myth of Common Law Marriage: Cohabiting Couples

Julie Bennett
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‘Given that cohabiting couples are the fastest growing family type in England, it is surprising that they do not share the same legal rights as others.’

Caroline Nokes, chair of the Women and Equalities Committees. 

A recent inquiry of The Women and Equalities Committee has found that the number of cohabitating partners in England and Wales is rising with over 3.4 million partners currently cohabitating in 2020. This is an increase from 1.5 million in 1996 which makes it a popular family unit in today’s society. 

Divorce: How to embrace a child focused approach

Jennifer Allen
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This week is Good Divorce Week 2021 (29 Nov - 3 Dec). Every year this campaign starts important conversations around divorce and separation. It is organised by Resolution, a community of family justice professionals aiming to resolve separation issues in a constructive way and delivering better outcomes for their clients.

Resolution found that, two thirds of separated parents surveyed ahead of this week’s Good Divorce Week, said they lacked help or advice about how to put children first when they split from their partner.

This year Hughes Paddison and other Resolution members are helping to raise awareness about how parents can embrace a child-focused approach to separation.

How is "parental responsibility" obtained and when does it end?

Emma O'Brien
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Emma O’Brien explores how parental responsibility is obtained, who can have it and when it ends. In the recent case of D v E (termination of parental responsibility) [2021] EWFC 37 (referred to below as D v E ) the Court terminated the Parental...

Should I start divorce proceedings now? An Update

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Hot on the heels of my recent article considering the timing of starting divorce proceedings (view it here ), on Monday 7th June 2021 Ministers announced that the Divorce, Dissolution and Separation Act 2020 will come into force on 6th April 2022. The...

Should I start divorce proceedings now?

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Here at Hughes Paddison, we have been closely following the Divorce, Dissolution and Separation Act since its announcement in 2018, through Parliament to receiving Royal Assent on 26 th June 2020. Its introduction will see some of the most ground-breaking...

Separated parents: Coronavirus and child arrangements

Julie Bennett
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It's December, hats and scarves are out, we are all thinking about how we will spend the festive holiday and who we can spend it with in light of the COVID-19 tiered restrictions. Recently we have had to put more thought into how to spend time safely...

Is Covid-19 a Barder Event?

Jennifer Allen
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When separating couples reach agreement as to how to deal with their finances in divorce or dissolution proceedings, the best way for this to be recorded is for it to be set out in a consent order that is approved by the court. If there are ongoing court proceedings to resolve financial claims, the court will make a final financial order within those proceedings. The order made by the court is final and binding upon Decree Absolute and there are limited circumstances where final financial orders can be “reopened”. 

No Fault Divorce Supported by MPs

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On 17 th June 2020 the House of Commons overwhelmingly supported the Divorce, Dissolution and Separation Bill at its final stages in Parliament. After receiving Royal Assent, the new law will mean that spouses will be able to apply for a divorce, on the...

Remote Hearings in the Family Court

Jennifer Allen
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It is somewhat of an understatement to say that Covid-19 and the lockdown imposed by the Government on 24 th March 2020 has impacted all aspects of our lives over the last few months. Separated parents and their families have been one of the groups most...

Can I vary my spousal maintenance order as a result of COVID 19?

Jennifer Allen
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Whether or not you are employed or self‑employed, if you are suffering from the impact of a salary decrease, you have been furloughed, made redundant or a contract ended, you will no doubt have concerns as to your obligations under the terms of a...

Advice for Separated Parents During Lockdown

Jennifer Allen
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We find ourselves in unprecedented times and the current public health crisis raises worries and concerns, not least from separated parents wondering how to manage the arrangements for their children at this time. The Government have clarified that the stay...

Keeping families together: the benefits of a SPIP

Katie Buswell
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For divorcing and separating parents, the future can look scary and daunting. Our clients are having to go through a huge life changing event with often very little guidance and support on how to handle the range of emotions they are feeling; bereft, angry,...

No-Fault Divorce Update

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The Divorce, Separation and Dissolution Bill, introduced in June 2019, presents provisions for no-fault divorce. Under the current law, one spouse has to make accusations about the other’s conduct whether that be ‘unreasonable behaviour’...

Divorce Day 2020

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The New Year is often a catalyst for reflection and resolutions. For many this will be a new gym membership or other goal for self-improvement, but for others this will be a fresh start and breaking free of what can have become a toxic relationship.   ...

The rise of Early Neutral Evaluation?

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The Court should be the last resort for separating parents or spouses in settling the arrangements for children following a relationship breakdown or resolving their financial settlement. In 2010, the Family Justice Review highlighted the importance of...

Civil partnerships for all? - An update

Julie Bennett
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Section 2 of the Civil Partnerships, Marriages and Deaths (Registration Etc) Act 2019 requires the government to make and bring into force regulations to extend civil partnerships to mixed sex couples by 31 December 2019. Other countries, including South...

Time to reflect - does a divorce petition have an expiry date?

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Where one party to a marriage decides to send their divorce petition to the Court, formally starting those proceedings, this can be an emotionally difficult journey and one which may take some time. Why then would the Petitioner (as they then become known)...

WHAT IS PARENTAL ALIENATION?

Katie Buswell
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  Parental alienation occurs where one parent (whether deliberately or otherwise) turns a child(ren) against the other parent.  Children’s reactions and feelings to separating parents are hugely influenced by the adult behaviour to which...

New Guidance on the Treatment of Pensions in Divorce

Julie Bennett
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On 01 July 2019 the Pension Advisory Group published its report providing guidance on the treatment of pensions in divorce. The Pension Advisory Group ( PAG) is a multi-disciplinary group of professionals specialising in financial remedies and pensions on divorce jointly chaired by Mr Justice Francis and His Honour Judge Edward Hess and supported by the President of the Family Division and the Family Justice Council.

The ability of the court to make a pension sharing order in divorce has existed since 2000, despite this there has been a lack of clear guidance to assist in how to treat what can often be one the largest assets in a marriage. Dealing correctly with pensions on divorce is one of the most complex aspects in family cases. 

The PAG report aims to provide this guidance.

The (start of the) Family Court's Digital Revolution

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As a society we are increasingly moving towards ‘online’ being the default way in which we manage many aspects of our lives. Being able to manage our bank accounts and paying bills online saves many an hour stood in line at the bank or Post...

Summertime - How to Make the Livin' Easy

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The summer holidays are usually a time when the routine of term time is set aside and replaced with later nights, multiple daytime activities and trips away. For divorced or separated parents, the summer holidays may mean that any term time contact...

But who keeps the dog?!

Marcus Crawley
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George Eliot once wrote that “Animals are such agreeable friends – they ask no questions; they pass no criticisms”. When considering the impact of divorce , dissolution or separation, usually people’s main priority is to think...

A No Blame Divorce

Jennifer Allen
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Today the Government have announced there will be new legislation in divorce law. This new law will update the Matrimonial Causes Act 1973 in due course. It will mean that, in the future when the legislation comes into force, divorcing couples will no longer have to ‘blame’ each other for the breakdown of their marriage. It is hoped the new law will help reduce family conflict.

Saying "I Do" to Pre-Nups

Julie Bennett
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Spring is in the air and many happy couples are looking forward to getting married this year. The wedding planning ‘to do’ list can seem endless, with some aspects of the big day ‘nice to have’ rather than ‘essential’, but...

Did you attend Mediation during Family Mediation Week?

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Mediation is one of the options available to separating couples for resolving issues following the breakdown of their relationship. It is a pre-requisite to attempt mediation before launching into litigation. It allows parents, divorcing spouses, separating...

New Year, New Me

Marcus Crawley
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‘Divorce Day’ and the post-Christmas spike in Divorce Rates For many, the New Year is a time for reflection and resolutions. Whilst for most, this means that they decide to get back to the gym, read more or achieve some other goal of...

COHABITATION: Universal access to Civil Partnership

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At the start of this year I wrote about the common-law marriage myth, which continues to endure so pervasively within the national consciousness, and how this widely assumed fiction misleads many cohabiting couples as to their legal rights  (click here...

We have separated, who will the children spend Christmas day with?

Jennifer Allen
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Separating/ divorcing parents can find that it is difficult to reach an agreement as to who their children spend time with at Christmas. Difficult conversations can be a source of stress over the Christmas period, resulting in family disputes. In order...

Bitcoin in family cases. An asset to form part of the pot?

Jennifer Allen
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The “bitcoin” currency came into existence in 2008. With digital currency beginning to acquire legitimacy of traditional assets (as bitcoin are now worth substantially more than their nominal value in 2008) these assets must not be overlooked....

Is divorce reform around the corner? An update

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On 15 th September 2018 the Justice Secretary, David Gauke, announced proposals to change the procedure for obtaining a divorce for separated couples and introduce a ‘no-fault divorce’. The prospect of divorce reform was considered recently by...

Is divorce reform around the corner?

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Is divorce reform around the corner? We take a look at this question in our latest blog and in the light of the recent Owens vs Owens case where the husband was represented by Hughes Paddison.

Why Can't I get Divorced?

Marcus Crawley
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Behaviour Divorce Petitions and the Dismissal of the Owens Appeal The Supreme Court handed down Judgment on 25 July 2018 in respect of the appeal of Mrs Owens, who was appealing against the decision of the lower Courts who dismissed her petition for...

Civil Partnerships for all?

Marcus Crawley
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On 27 th June 2018, the Supreme Court handed down Judgment in respect of the appeal of a different sex couple who wish to enter into a Civil Partnership, rather than marry. Civil Partnerships were introduced in 2004 to allow same sex couples to have their...

Mortgage Assessments in Matrimonial Financial Cases

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During the course of financial remedy proceedings, it is likely that there will be some change to lifestyle, future plans, housing, etc. The Court is focused on parties being able to suitably re-house with the paramount consideration being to any children...

If I have a Non-Molestation Order, can I provide a copy of my statement to the police or third parties?

Jennifer Allen
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Often an overlap between family and criminal law can occur for victims or those accused of domestic abuse, harassment or threats. It is not unusual for victims of domestic abuse to require the advice of family law solicitors as well as criminal solicitors,...

Decree Absolute Myth

Julie Bennett
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It is a dangerous myth that once you have your Decree Absolute in divorce, this automatically dismisses all financial claims you and your spouse have against each other.  This is not the case, a financial order is required to dismiss all financial...

Special Guardianship Orders

Marcus Crawley
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Dealing with the death of a loved one is one of the most difficult experiences that a person can go through. This grief is made all the more painful when the loved one in question is taken before their time and leaves behind a young child or children without...

COHABITATION: SEPARATING FACT FROM FICTION

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The common-law marriage myth A recent poll conducted by the Office for National Statistics (Families and households: 2017) showed that unmarried couples living under one roof is the fastest growing family type in the UK, more than doubling from 1.5...

The Divorce Process Explained

Marcus Crawley
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The Court of Appeal has recently had a rare opportunity to consider the position in respect of defended divorce. A defended divorce is one in which the respondent either does not agree that the marriage is at an end or does not agree with the...

Variation of Spousal Maintenance

Marcus Crawley
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During the course of a divorce, a tricky task is to unpick the family finances and then agree who should take what from the matrimonial pot. If agreement cannot be reached between the divorcing couple or in mediation, an application will need to be made to...

How long is my Marriage?

Marcus Crawley
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When you first read the question that forms the title of this article, one might automatically think that the answer is obvious; 'the amount of time that has passed since your wedding day' . This is certainly how to work out which anniversary you...