Blog

Hemain Injunctions Explained

Date: October 9th, 2017 - Written by: Brookman Solicitors

  Jurisdiction – the question of which country’s court has the authority to deal with a divorce – is often a matter of contention. It is particularly the case in international divorces where it may be legally possible to start proceedings in several different countries. We have discussed before how parties are motivated to fight… Read the full article

What Is A Mesher Order? 

Date: October 2nd, 2017 - Written by: Brookman Solicitors

  The family home is often central to financial settlement negotiations during divorce. A Mesher Order is one way the courts and divorcing couples can deal with the property when immediate sale or transfer to one party is not appropriate. The name comes from a divorce case heard in 1973 in which a wife was… Read the full article

Lawyer V Machine: Will Robots Change How Family Law Works?

Date: September 25th, 2017 - Written by: Brookman Solicitors

  Lawyers have been discussing the use of chatbots and other forms of artificial intelligence (AI) for some time. To what extent will they change the way we provide advice on divorce and other family law issues? There’s little doubt that new technology offers family lawyers like us great opportunities to streamline and improve the… Read the full article

Pension Sharing: Timing is Everything

Date: September 14th, 2017 - Written by: Brookman Solicitors

  If the transferor of a Pension Sharing Order unexpectedly dies around the time of the divorce then the timing of the Decree Absolute will become critical. Whether the survivor receives the pension share or absolutely nothing depends on it. It is common practice to apply for the Decree Absolute once the Court has approved… Read the full article

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

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