Courts usually try to share marital assets equally during divorce settlements, but what happens if some assets don’t become available until several years after the separation? The issue arose in a recent case before the High Court. The husband had founded a successful company in the early years of the marriage. Both husband and wife
A buyer who pulled out of a house purchase has been ordered to pay compensation for the fall in value that took place in the two years after the deal fell through. The buyer had argued that forfeiting his deposit should be adequate compensation, but the Court of Appeal disagreed. The case involved a buyer
A father has been granted parental responsibility for his son despite being denied direct contact with the boy. The Court of Appeal held that the two issues should be dealt with separately. The case involved a couple who had a son during a brief relationship. They had split up before the boy was born but
Q – I am 58 years facing a divorce and I am told my spouse can make a claim against my pension. Is this true? A – Yes. There is an Act of Parliament called the Welfare Reform & Pension Act 1999 which says pensions can be shared. Q – But that’s not fair.
Q – I have recently read that there is going to be a legal presumption of shared care. What does this mean? A – This is a proposal only and is at the moment the subject of some debate. It has been a system used inAustraliain relation to children in broken relationships through divorce or
Q I am considering a divorce. What are the grounds for me to be able to do so? A In every case, a person has to prove that their marriage has irretrievably broken down through one of five facts. These are that their spouse has behaved unreasonably or committed adultery; that they have lived apart
Q My partner is violent to me. He doesn’t like it when I answer back, sometimes he has too much to drink and I’m really afraid of him. What can I do? A – First of all if he assaults you or puts you in fear you should call the Police. If a criminal
Q I am thinking of leaving my partner. We have children and finances that we need to sort out. Do we have to end up in a court? A – No. There are various options including trying to resolve things between yourselves amicably, Mediation, Collaborative law and traditional negotiation involving solicitors. Q – I’m
Q – I’m getting we might have to go to court to sort out the financial side of things. Is it complicated? A – Either party can issue proceedings as soon as the Court sends out a divorce petition and even after Decree Absolute, but not once you have remarried; you may then lose
Q – My partner has left me and taken the children. I’ve heard about Parental Responsibility. What’s that? A – Parental Responsibility (or “”PR””) is defined by the Children Act as “”all the rights, duties, powers responsibilities and authority”” which a parent has: in other words, the right to have a say in how a