Recent family court cases have confirmed that it pays to make a claim for at least a 50% share of the breadwinner’s pension in divorce proceedings. This is irrespective of whether it is the husband or the wife who is making the claim. Up to half of the pension could be awarded where there are circumstances effecting the future earning potential of the spouse e.g. illness.
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Does Divorce Day really exist? Family solicitors are divided on the matter.
Share This:- ‘No-fault divorce’ which came into force earlier this year has prompted some couples to instruct one solicitor to act for them both. As long as no domestic violence is involved which could lead to intimidation this procedure seems to be being slowly adopted.
Share This:- The Divorce, Dissolution and Separation Act 2020 will finally come into force on the 6th April 2022.
No Fault Divorce will:-
i) Ensure plain English is used e.g. applicant = petitioner, conditional order = decree nisi and final order = decree absolute
ii) Enable both parties to complete the application i.e. a joint application will now be available if desired
iii) A statement of irretrievable breakdown will replace one of the five conditions previously required
iv) Contesting the divorce will no longer be possible
v) Apply to the dissolution of civil partnerships.
Solicitors now have to process divorce applications on line which has reduced the time it takes from 15 months to 5 months. They are carried out through the MyHMCTS portal and have been successful whilst in its optional use phase as only 1% of applications have had to be referred back to solicitors for amendments as opposed to 30% for paper applications.
Share This:- Many of the family law solicitors we recommend have become involved in case funding arrangements with litigation funders. Multi million pound cases are often launched in this way today which generally take place in the High Court. Successful claimants are now able to be awarded a fare share of the couples assets which can be traced and seized if the opposing party fails to comply with the courts order.
Share This:- Family law solicitors have noticed an increase in the issuing of divorce proceedings as we approach the Brexit deadline of the 31st December 2020.
London, the divorce capital of the world, due to the high child maintenance orders handed down by the courts has the added advantage of having it’s rulings recognised by other European countries. However post Brexit, from the 1st January 2021, this automatic recognition is not currently guaranteed.
Share This:- On the 31st July 2020 the Prime Minister’s Office announced that Her Majesty The Queen had been pleased to approve the appointment of Sir Geoffrey Vos as the Master of the Rolls from the 11th January 2021 in succession to Sir Terence Etherton.
It is interesting to note that 6 out of 7 of the most recent incumbents of this judicial office have been of the jewish faith the others being Lords Woolf, Phillips, Neuberger and Dyson.
We find that jewish solicitors are often particularly sought after because of their perceived quality traits of intelligence, shrewdness, toughness and integrity.
If you are looking to find such a solicitor please do not hesitate to call us.
Share This:- No-fault divorce removing all elements of blame from the process is almost a reality.
The Divorce, Dissolution and Separation Bill that has recently passed through the House of Commons will enable couples to have a no-fault divorce when it comes into force next Autumn. Final amendments are now being considered by the House of Lords.
Share This:- Self-isolating abuse has been blamed for the spark in divorce enquiries that we have been receiving since the start of the lockdown. Child custody battles have also featured strongly recently due to the isolation pandemonium. Abuse need not only be physical. Calls for the renegotiation of divorce settlements are now being answered as the downturn in finances hits home.
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