Blog

Financial settlements: equal sharing is not automatic

Date: September 11th, 2017 - Written by: Brookman Solicitors

  A recent case involving a fairly short, childless marriage and dual incomes has established that equal sharing is not automatic. The Judgment of Lord Justice McFarlane in Sharp v Sharp [2017] EWCA Civ 408 considers why the application of the concept of unilateral assets would justify departure from equality in a short, childless marriage… Read the full article

I Got Married Abroad. Do I Have To Get Divorced In The Same Country?

Date: September 5th, 2017 - Written by: Brookman Solicitors

  Clients often ask us this question ahead of issuing divorce proceedings. The straightforward answer is no. Your marriage venue does not dictate jurisdiction when it comes to your divorce. What matters is the links you and your spouse have with the country in which you wish to divorce. Many of us choose to hold… Read the full article

Changing Financial Orders

Date: August 30th, 2017 - Written by: Brookman Solicitors

  The benefits of finality in family law decisions and financial settlements following divorce are clear. We have previously discussed clean break settlements. Perhaps more than in any other branch of law the idea of certainty is important. It helps estranged spouses and their children move on with their lives. So what happens if one… Read the full article

What Is A Freezing Order?

Date: August 23rd, 2017 - Written by: Brookman Solicitors

  It is a type of injunction, and it does what it says. It ‘freezes’ assets so the owner cannot sell, use in a way that would undermine their value or otherwise dispose of them for a certain period of time.  These orders are extreme because they prevent individuals from using their property freely. Although… Read the full article

Getting A ‘UK’ Divorce When You Live Abroad

Date: July 26th, 2017 - Written by: Brookman Solicitors

  Many divorces have an international element. For example: A British national who married in the UK or elsewhere may be living abroad when he or she wishes to start divorce proceedings. A non-British national who lives abroad but has some kind of connection to the UK may want a British judge to decide the… Read the full article

Parental Responsibility And Child Arrangement Orders Explained

Date: July 21st, 2017 - Written by: Brookman Solicitors

  When a relationship breaks down and there are children, their future wellbeing will be fundamental to any agreement or court order. Parental responsibility and child arrangement orders record living arrangements and other matters relating to a child’s welfare and upbringing.   What Is Parental Responsibility? The concept has several main aspects: Someone with parental… Read the full article

The Difference Between Annulment And Divorce

Date: July 17th, 2017 - Written by: Brookman Solicitors

  Under English law a marriage may be ended by either divorce or annulment. A declaration of annulment indicates that your marriage was invalid or had become invalid for some reason. Following an annulment the law treats you as if your marriage never occurred. When you divorce however you are still considered to have been… Read the full article

What Is Financial Disclosure In Divorce?

Date: July 4th, 2017 - Written by: Brookman Solicitors

  Divorce does not just mark the end of an emotional and personal relationship. It also means splitting the marital finances in a fair and reasonable way. This means taking account of the changed circumstances and having regard to the needs and obligations of each party. The only way to reach a legally watertight agreement… Read the full article

Form C100. Child Arrangements Following Divorce And Separation

Date: June 28th, 2017 - Written by: Brookman Solicitors

  WHAT IS A C100? If parents or guardians cannot agree arrangements for children privately and need the assistance of the family court, an application should be made on form C100 for the following: Child arrangement order – to decide where children will live and who they will have contact with and in what way…. Read the full article

What Is The The Financial Dispute Resolution Hearing (FDR)?

Date: June 23rd, 2017 - Written by: Brookman Solicitors

  WHAT IS AN FDR? When one side applies for a financial order in divorce proceedings the application initiates a clearly defined timetable. The FDR is the second hearing in the process. With the emphasis on negotiation, the FDR is designed to focus minds on outstanding financial matters.  Often it provides an indispensable stepping-stone towards… Read the full article

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