Blog - Helpful Tips

Clean break

If you have been married to someone you have the right to make a financial claim against them if you separate and divorce.  There is no time limit – you can make a financial claim many years after the separation, and such cases are not that uncommon. There are only two things that stop a
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Living under the same roof

Anecdotal evidence suggests that more and more divorcing couples are simply unable to afford to separate and run two households.  When that happens they have to make arrangements that are workable and fair.  In some situations it may be best to have a formal written agreement.

Relocation

When a couple with a child are no longer living together, the court sometimes has to decide whether one of them, usually the mother, should be allowed to move abroad taking the child with her.  A recent case in the Court of Appeal placed renewed emphasis on the welfare of the child and warned that
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Disputes between unmarried co-owners

If your dispute is with the co-owner of your house or flat because your relationship has come to an end, when you come in for your free initial interview try to bring with you a copy of the document that transferred the property to you in the first place.  This is likely to be Land
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Personal possessions

If you are separating, and if it is you who are leaving the matrimonial home, give some thought to what you take with you.  It is far easier to take all your personal possessions with you than to try to recover them after you have left.  If you are unlucky, your spouse may treat any
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Surrogacy – be careful!

Surrogacy is not an area of family law that I deal with, but a recent news story caught my eye: http://www.dailymail.co.uk/news/article-1375861/Child-custody-Couple-ordered-pay-surrogate-mother-monthly-baby-wont-meet.html Two points emerge.  1. A surrogacy agreement is not a contract enforceable in the courts.  2. The child support system is inflexible to the extent that if you’re the biological father you pay maintenance
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Facebook updates

An astonishing number of people getting divorced post details of their private life on Facebook which can be used as evidence in their divorce.  Examples include: mentioning a live-in new partner while officially denying cohabitation, and telling the world about a fabulous holiday abroad while officially pleading poverty. If you are on Facebook and you
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Mediation and legal advice

If you go to family mediation, make sure you take legal advice after each session with the mediator.  Don’t leave it till the end when there’s a provisional agreement!

She’s my common law wife

No she isn’t.  The concept of a common law marriage was abolished in 1753.  You don’t acquire any rights by living with someone.  If you separate, there is no mechanism for making a financial claim based on fairness, or how long you’ve been together, or the fact that you gave up your career to look
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He’s my common law husband

No he isn’t.  The concept of a common law marriage was abolished in 1753.  You don’t acquire any rights by living with someone.  If you separate, there is no mechanism for making a financial claim based on fairness, or how long you’ve been together, or the fact that you gave up your career to look
Read more…

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