In England and Wales, the person filing for divorce is the petitioner and in Scotland it is the pursuer. The other spouse is the respondent in England and Wales and the defender in Scotland. The process of divorce commences when the petitioner
Contested divorces are rare. I have undertaken three in my 30-year career on behalf of the Petitioner. All were successful with the grounds found by the judge to be established after hearing evidence from the parties. Such cases are very upsetting for
It was recently reported that the governments flagship divorce centre was rejecting 50% of divorce applications due to errors made in the application form. Divorce Centres were originally introduced as part of the courts move towards a centralised system for divorce in
Order by Consent Also called a Consent Order. This could relate to any Court Order that is made between the parties to litigation, but in the family sphere it tends to refer to a financial order that reflects the financial settlement the
Making child arrangements can be an extremely difficult issue to tackle when two people are experiencing the ordeal of a separation or divorce. But when it comes to filing for sole residency, do you know the absolute essentials to help make this
In July 2016, the Telegraph reported on a divorce case where the husband failed to comply with a financial court order, also known as a Consent Order, which stated that the marital home be sold. The proceeds of the sale were to be used
The damaging effects of divorce are often felt more acutely in cases involving farming families: especially so where the farm has been held within one family for generations. Often farming businesses will involve Partnership or Corporate Structures, land may be co-owned with
As Henry Ford says, “If everyone is moving forward together, then success takes care of itself.” Moving forward or relocating to a different country is sometimes difficult, especially when the parent left behind does not want a distance relationship with the children. Attempting
Family lawyers in England and Wales don’t like the word ‘custody’, which became obsolete in 1990 with the Children Act. Before 1990, the key terms used were ‘custody’ (who has the main rights and duties for the child?), ‘care’ and ‘control’ (where
The media frenzy continues a week after Angelina Jolie filed for divorce from Brad Pitt with every aspect of their lives – and the lives of their children – continuing to be played out in front of millions of people worldwide. However,
According to research from parenting charity Gingerbread, the total amount of unpaid Child Maintenance stands at nearly £4 billion. Organising Child Maintenance following a divorce or separation can seem like a daunting task. But with the right information at hand, you’ll feel
There are different ways to get divorced to fit individual needs and circumstances. With family mediation, divorcing couples are required to have a Mediation Information and Assessment Meeting or MIAMS to cut down on the cases going to court. Mediation is particularly