family

IS THE FAMILY COURT FIT FOR PURPOSE?

Many couples involved in divorce or issues related to children would say very definitely “no”.  It can seem as though the “system” is against you.  The Courts are not really designed with people in mind; they are rather run by and for lawyers.  The individuals whose lives are being decided by the Judges rarely understand(…)

HIGH STREET LAWYERS TO DISAPPEAR?

Are lawyers about to disappear from the high street?  Are we going to have to introduce different ways to deliver legal advice – by email or telephone?  Is it going to become an expensive luxury to actually sit down face-to-face with a solicitor? The Co-operative Society have recently announced that it has recruited 3,000 high(…)

IF YOUR CHILDREN GET DIVORCED

Parents are increasingly having to get involved with their children’s divorce.  Perhaps it is one aspect of the recession that parents are needed, not just as a shoulder to cry on but to provide financial support.  This can take the form of paying the legal fees or more often lending money (perhaps that should be(…)

CHILDREN OFF TO UNIVERSITY? IS IT TIME FOR A DIVORCE?

It appears to be an ever increasing trend that people are divorcing later in life.  Many first time divorcees are now over the age of sixty.  When children leave for university or leave home for other reasons is often a trigger for people to re-evaluate their situation.  It is not uncommon for people then to(…)

IS THE DIVORCE PROCESS UNFAIR TO MEN?

I make no apologies for revisiting this issue as it does seem to be a common concern – see the Daily Mail article published on March 10 by Louis de Bernieres.  There is a widespread perception that both with the divorce process and any issue or argument over children if it is conducted through the(…)

POST HOLIDAY BLUES? FACEBOOK AND DIVORCE

There has been a lot of talk in the media recently about the effects of the Christmas holidays on families and the resulting surge in divorce figures.  Is this really true?  Are lawyers inundated with new divorce cases in January?  Well, most of my colleagues would agree with me that it is actually a bit(…)

COHABITANT’S RIGHTS ON DEATH

The Law Commission has published its recommendations on reforming the law on intestacy and family provision claims on death, which include a proposal that certain cohabitants should be entitled to inheritance rights when there is no Will.  The situation at the moment is that if you are living with someone to whom you are not(…)

MEDIATION

As many of you will know, from 6 April 2011 the Ministry of Justice proposed that before anyone made an application to the court in relevant family proceedings (and this is not divorce – relevant means an application in relation to money matters or children issues), the person making the application should contact a mediator.(…)

EMPLOYERS WILLING TO PAY EMPLOYEES’ LEGAL BILLS!

An interesting report in this week’s Family Law Week states that increasing numbers of businesses are paying some or all of the legal bills incurred by employees separating from their partners.  Companies are helping staff pay for divorce in an attempt to retain key personnel.  It seems that while recession can mean redundancies, it also(…)

WHAT’S NEW IN CHILD MAINTENANCE?

As many of you will know, the Child Support Agency is to be replaced CMEC, the Child Maintenance and Enforcement Commission and they have now published their proposals for a new statutory child maintenance scheme which, amongst other aspects, includes plans to increase the amount of maintenance paid by parents on state benefits and others(…)

THE MOST POPULAR AGE TO GET DIVORCED?

There were several articles in the press recently about the latest divorce figures suggesting that the only reported rise in the divorce rate is amongst the 60+ age range.  This doesn’t necessarily mean of course that this is the most popular age for divorce, merely that there is a new trend, the numbers of those(…)

WHO CARES FOR THE CHILDREN?

You may have heard the recent decision that legislation is not going to be introduced that gives the perception of a presumed favour of shared parenting when a relationship breaks down.  What does this mean? Whenever parties separate and there are children then a decision has to be made as to whom the children are(…)

HOLIDAYS AND DIVORCE

Is it possible to have a happy family holiday post-divorce?  No divorcing person needs to be told how important their children are and no divorcing parent needs to be told how stressful the process can be and how difficult in particular the summer holiday period can be.  There is the practical difficulties of arranging childcare(…)

SEPARATING AND FACEBOOK

There has been a lot of talk in the press recently about why people might reveal aspects of their personal life on Facebook to their detriment.  We have heard tales of students exploits photographed on Facebook that come back to haunt them when they apply for jobs and increasingly married couples are announcing their divorce(…)

IS A GOOD DIVORCE POSSIBLE?

When people separate they are generally going through enormous distress and anxiety, so how can it be in any way good?  There is the point that although the process can be a very painful one, for some people they end up in a better place emotionally.  The relationship, for whatever reason has not worked and(…)