This September poses new challenges for separating couples. We as family lawyers often experience a busy period in September. Sadly, this is the time when, following the summer break, couples facing difficulties within their marriage feel that this is a time to have a new start and to consider their options. This year is also […]
Sarah French, Partner in the family team explains what family mediation is, how the process works and if it is for you.
It has been announced that from 27th July Her Majesty’s Courts and Tribunals Service (HMCTS) will ask everyone going to court in England to wear a face mask. In Scotland and Wales, wearing face masks will not be compulsory. If you have a valid reason you may be excused from wearing a face mask. These […]
The Government recently announced that from 4th July couples can now get married in England with up to 30 guests and enjoy their wedding ceremonies with rules in place, such as all individuals from different households being at least 2 metres apart, or one metre with risk mitigation if this is not possible.
The recent case of Mr and Mrs Villiers (Villiers v Villiers [2020] UKSC 30) is a reminder that divorce law is different depending on where you live in the UK. Scotland and Northern Ireland have their own laws which are different to those in England and Wales. Mr and Mrs Villiers lived in Scotland for […]
Dealing with a divorce is stressful enough but when farmers divorce there are usually additional considerations. It is not uncommon for both spouses to work on the farm, for their matrimonial home to be on the farm, for wider family members to work or live on the farm and for long working hours to be […]
It is a very unsettling and difficult time for us all at the moment, but none more so than for separated couples who find themselves in self-isolation, either together or in separate homes. If this is you or someone you know, you may be wondering how you will ever be able to sort things out […]
What should you do if you and your household are self isolating, but your child[ren] are due to spend time with their other parent, or family member such as a grandparent over the Easter holidays?
Like many of us who enjoy a gripping legal drama, I have recently enjoyed watching the second series of the BBC’s The Split. It has an extra appeal to me as a practising family lawyer and mediator myself! The main character is top family lawyer Hannah Stern, working for a London niche family law firm. […]
In a divorce or separation often one of the more contentious and emotive issues can be the question of who keeps the pet dog or cat etc. Pets are often regarded as a member of the family. They can provide companionship upon finding yourself without your spouse or partner, and, for adults and any children, […]
Pre-nuptial agreements (“pre-nups”) have become more popular in recent years, but they are not just for the rich and famous. Following the marriage proposals at Christmas and on Valentine’s Day, and the ladies who proposed on 29th February, more and more couples may now be turning their minds to having a pre-nup as well as […]
When couples separate or divorce they need to sort out how they are going to divide their finances, and the arrangements for any relevant children. Sometimes couples are able to resolve things amicably between themselves but often some professional input and support is needed. There are different ways that divorcing couples can resolve their financial […]
Frequently separating or divorcing partners / spouses want to sort out the division of their finances and/or the arrangements for any relevant children in family mediation but they are worried that their husband / wife / partner may not want to. One partner / spouse would like to mediate as it provides a way for […]
What is mediation?
What is arbitration?
Sometimes when a couple divorces it is important to consider which country should and can deal with the divorce. This might be relevant if you were married, for example, in another country but then moved to live here. This might also be relevant if one spouse has moved abroad on the separation. If there a […]
Since 5th December 2005 it has been possible for members of the same sex to enter into a civil partnership, whether or not there is any romantic or sexual element. Civil partnerships are governed by very similar rules to marriage regarding their formation and dissolution. For example, close relatives cannot enter into a civil partnership. […]
Dealing with a divorce is stressful enough, but when farmers divorce there are usually additional considerations. It is not uncommon for both spouses to work on the farm, for their matrimonial home to be on the farm, for wider family members to work or live on the farm, and for long working hours to be […]
It is not uncommon for spouses to be worried that their ex will try to hide assets, or lie about the true extent of their income or investments, when it comes to a financial settlement alongside divorce proceedings. This can particularly be a worry for, typically, a wife who has been a stay-at home mum […]
Recent case law and statutes have reiterated time and again the importance of the child’s welfare. How does this link with parental responsibility? Parental responsibility is defined as the ‘rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property’. Here, there is […]
Separating from your partner or getting divorced can be traumatic and stressful. As a family law solicitor and mediator I appreciate the need to be sensitive to my clients’ emotional needs, but also those of their partner / spouse. Often I work in the collaborative process, or as a family mediator, with a family consultant […]
The press has recently reported that Paul Hollywood and his wife of 20 years, Alex, will be going to court to argue about the division of their financial assets. The press reports suggest that they had been trying to resolve matters in family mediation, but that this has now broken down so court proceedings are […]
With the birth of the latest royal baby, Master Archie Harrison Mountbatten-Windsor, we have seen the first mixed race child born to a senior royal in centuries, a reflection of our modern multi-cultural society. As a family law solicitor and mediator, I sometimes come across disputes between parents from different backgrounds about the upbringing of […]
The popular BBC programme “Who Do You Think You Are?” highlights how interested we have all become in our family trees. The number of daily visitors to genealogy websites like Ancestry has increased significantly over the last few years. Looking up your family history is now apparently the second biggest hobby in the USA after […]
Generally, the issues you face upon a divorce or separation are threefold: legal; emotional and financial. Mediation is a bespoke flexible process which can accommodate all skillsets needed to cover these issues.
As a family law solicitor and Law Society accredited mediator I regularly assist clients going through a separation or divorce in resolving their financial affairs and/or difficulties in the arrangements for the children. There are many benefits of choosing mediation to resolve these issues, some of which are as follows:
You may have seen in the press recently the case in which the Supreme Court grappled with this question.
When you commence a new relationship or get engaged protecting your assets is probably not the first thing on your mind. Whilst it is unromantic it is, however, a good idea to consider the following protective measures you can take to try to protect your assets. This is particularly the case if there is a […]
As it is Family Mediation Week I took part in a live Twitter Q & A on Wednesday to answer any questions about family mediation. The question which seemed to generate the most interest was:
I commonly come across the following mediation misconceptions in my role as a family mediator:
A divorce which involves a business will need specialist solicitor with business expertise. Complicated company structures can often make a separation more complex and challenging. Debra Emery, partner at Moore Blatch, explains.
When divorcing, there are a number of considerations which only a specialist solicitor can advise on. A suitable outcome for both parties can often be achieved without the need for expensive court action. Debra Emery, partner at Moore Blatch, explains.
In the wake of the striking divorce case of Mrs and Mr Owens, BBC Radio Solent spoke to Debra Emery, Partner and Head of the Moore Blatch Family department about the implications of Judge Robin Tolson QC refusing Mrs Tini Owens application for divorce on the grounds of unreasonable behaviour at the Family Court sitting […]