What is the First Directions Appointment?
This the first hearing that takes place when financial proceedings are started. It is commonly referred to as the First Appointment or FDA. The FDA is a housekeeping
February 2023
This the first hearing that takes place when financial proceedings are started. It is commonly referred to as the First Appointment or FDA. The FDA is a housekeeping
What is no-fault divorce? Currently, divorce necessitates blame. You need to be able to set out issues which have caused the irretrievable breakdown of the
For some, Covid-19 has not only placed a strain on already established relationships, but for many it has also accelerated the different stages of a
Do I need to submit anything with the divorce petition? When you file the divorce petition with the court you will need to provide your
What happens after a Financial Dispute Resolution hearing (FDR)? If agreement could not be reached at the FDR, further directions will be set in place
What is the next step following the First Directions Appointment (FDA)? At the FDA directions will have been made. Both parties will need to comply
Financial Remedy Proceedings: If you have not been able to reach agreement with your spouse, then a formal application will need to be made to
At what point can I remarry once the divorce process has started? You cannot remarry until the divorce has formally concluded, with the granting of
What financial information do I have to disclose to my spouse? You have a duty to provide clear, full and frank disclosure. It is important
What documents should I bring to my initial consultation? Identification: You will be asked to prove your identify and will need to bring two forms
The President of the Family Division, Sir Andrew McFarlane, has published helpful and pragmatic guidance for parents with Child Arrangements Orders. The guidance can be
The government has issued guidance on staying at home and away from others… The guidance can be found by visiting https://www.gov.uk/government/publications/full-guidance-on-staying-at-home-and-away-from-others/full-guidance-on-staying-at-home-and-away-from-others#fn:1 What does this mean
Christmas is not such a jolly time for all… Sadly, at this time of year I see an influx of enquiries relating to Christmas contact
So, it has now been a few weeks since I provided people with an opportunity to submit their burning family law questions. I have responded
I understand that many of the people reviewing my website, will have a burning question to ask regarding their current family circumstances. So, I am
‘ONLY FOOLS & HORSES… OR SHOULD THAT BE ONLY FOOLS & DIVORCES!’ Being an avid fan of Only Fools and Horses it felt only right
Sadly, children often become embroiled in disputes between parents, particularly if the separation is particularly bitter. Children can also sometimes be used as pawns, with
Will my inheritance be included in the matrimonial pot when dividing assets? Inheritance is normally excluded from the matrimonial pot, and classed as a non-matrimonial
Under the Family Law Act, you may apply for an occupation order if you are an associated person. Section 62(3) of the Act defines an associated person as
My spouse is willingly refusing to consummate our marriage, what can I do to bring the marriage to an end? If the marriage has not
A cohabitation agreement can deal with a variety of issues, and can regulate the cohabiting couples’ finances i.e. what would happen to property, household contents,
If an order is in place, setting out that you are to continue making maintenance payments to your ex-wife or husband, for a set period
Acting on behalf of a grandmother, who was being denied contact with her grandchildren by her daughter. The grandmother had invited her daughter and her
If you are discontent with the final verdict that has been made by the judge dealing with your case, you may be able to appeal
The results of a recent survey conducted by a national law firm outlined that 75% of those cohabitants surveyed were unaware that they did not
Acting on behalf of the Claimant in TOLATA proceedings. The Claimant had moved out of the family home 3 years before instigating Court proceedings. The
Judicial separation is normally relied upon as an alternative for divorce for those individuals who have a religious or moral objection to divorce. It is also
No. You surrender your marriage certificate when you lodge the divorce petition with the court, and it will not be returned to you. Once the
The short answer is no. Adultery is not regarded by the court as conduct that should have a bearing on any finances. Conduct is only
The marriage statistics for 2014 published by the Office for National Statistics (the most recent year the statistics are available), highlight that there has been a 2.7% increase in the
Yes. The original, or a certified copy of your marriage certificate must accompany the divorce petition when you lodge the papers at the court. If
You will be divorced, and free to re-marry, upon the granting of Decree Absolute. If you are the petitioner within the divorce, Decree Absolute can
Decree Nisi is the interim decree that is pronounced within divorce proceedings. It confirms that the judge, who has considered the divorce petition, is satisfied that the
There are various factors the court will take into consideration when making a decision as to financial matters, which include the following: The welfare and
CAFCASS stands for the Children and Family Court Advisory and Support Service. If Children Act proceedings are instigated, a CAFCASS officer will be appointed to assist
No. Your ex be it spouse or partner has a legal obligation to continue making payments for the benefit of the children, given they are
It depends on where you intend on taking your child. If you are to remain in the UK then no consent is needed, if however,
Can I name a third party in a divorce petition based on adultery? If your relationship has broken down due to your spouse’s adultery, then
Both solicitors and barristers fall under the generic term of ‘lawyers’, so what are the primary differences between these two types of lawyer? Solicitors A
I have heard so many people say that they are not troubled about the financial side of matters when divorcing, as they remain amicable with
A pre-nuptial agreement is not to be taken lightly, and legal advice must be sought as to the impact the terms will have upon you.
Separation can not only be hard on the parties involved, but also difficult for extended family members, particularly if there are children involved. If you
Whilst not entirely exclusive of one another, there is, generally speaking, a difference between these two types of family order. A specific issue order, often,
Yes, provided you have been married for a period of 12 months or more, and you have a connection with the country you wish to
To demonstrate to the court that the marriage has irretrievably broken down, you will need to rely upon one of the following 5 facts: Adultery
Provided the divorce is straightforward, and uncontested, the process normally takes between 4 to 6 months. It can take longer if your spouse fails to
If you have decided to proceed with the divorce, and you will be the one lodging the divorce petition at the court, you will be
In short, yes. This will, however, depend on the reasons behind the divorce. If you have decided to proceed with 2 years’ separation with your
No, attendance of a MIAM before instigating divorce proceedings is not mandatory. MIAM’s only become necessary if difficulties arise in relation to resolving financial matters,
Neither you or your spouse will need to attend court, provided the divorce proceedings are uncontested, and the issue of costs has been resolved. Attendance
I can only assist you with privately funded matters, but if you would like to check whether you are eligible for Legal Aid please visit
A formal, legally binding document, outlining the terms of the financial agreement can only be obtained from the court once the divorce or annulment process
