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Archive for the ‘Family’ Category

No Fault Divorce

The divorce process in England and Wales is currently a fault based divorce system and this can exacerbate conflict between both the Petitioner and the Respondent during the divorce process. Two of the five facts to demonstrate that the marriage has irretrievably broken down are that the Respondent has behaved in such a way that the Petitioner cannot be expected to live with them and that the R...

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Child Abduction Information

In the majority of cases, child abduction is the removal of a child from one country to another or the wrongful retention of a child after a holiday or a contact period. An abduction usually occurs after the breakdown of a relationship and it is becoming ever more common due to the increase in people from different countr...

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Importance Of Closing Down Financial Claims In A Divorce

[Wyatt v Vince [2015] UKSC14]

The Supreme Court allowed a wife’s claim to proceed 23 years after divorce. The parties married in 1981, separated in 1984 and they divorced in 1992 and therefore the relationship broke down 35 years ago. They had one son, Dane, and the husband treated the wife’s daughter from a p...

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Should Civil Partnerships Be Available To All?

At the present time, same sex couples can get married or enter into a civil partnership but opposite sex couples can only get married. The Court of Appeal ruled earlier this year that this means that couples are being treated differently. Same sex couples have more options than opposite sex couples. But what will the government decide to do on the future of civil partnerships? Should civil p...

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The Decline In Marriage

Less people than ever are getting married in the west and marriage in Britain is at its lowest level since 1895 and it appears that men, more so than women, are less than keen to enter into marriage when there is a risk that they will lose their space, their money and family if things go wrong. Marriage is a legal contract and upon any

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Cohabitation November Update

More couples than ever are now choosing to live together and remain unmarried. Reasons vary although the high cost of a wedding and the desire to purchase a property before spending thousands of pounds on a wedding are among common reasons why people are choosing not to tie the knot. Recent figures show that there are now 3.3 million cohabiting couple families in the UK. Cohabiting couples d...

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Grandparents Contact with Grandchildren. Where Do They Stand?

Many grandparents play an important role in their grandchildren’s lives. It can often come as quite a shock that as a result of a relationship breakdown, they are prevented from spending time with their grandchildren. Many grandparents wish to ensure that they remain an active part of their grandchildren’s lives and many would have formed close bonds throughout their grandchildren’s lives. F...

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Opposite Sex Couples Cannot Enter In To Civil Partnerships

A young (opposite sex) couple committed to each other who wished to formalise their relationship were objected to the institution of marriage which they considered to be part of a ‘historically patriarchal nature,’ with sexist customs such as ‘giving the bride away,’ white dresses and hen and stag do’s. They therefore wished to enter into a civil partnership rather than a formal marria...

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Planning a Divorce in 2016?

Latest figures released from the Office of National Statistics (ONS) for 2013 highlight that the number of divorces was in fact down by 2.9% on the previous year. Furthermore, the statistics show that the average age for divorce was 45 for men and 42 for women and that the average duration of marriage was 11.7 years although almost half of divorces happen in the first 10 years of marriage betwe...

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Pre-nuptial Agreements

A pre-nuptial agreement is an agreement that is intended to create legal contractual relations between both parties. It is intended to determine the division of assets in the event of the breakdown of the marriage, annulment, judicial separation or divorce but they are still not binding in English Law. The Supreme Court’s decision in the case of Radmacher v Granatino [2010] UKSC 42, [2010] 2...

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