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Tracey Dargan
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On 7 August 2017, we posted a blog regarding the Court of Appeal’s judgement in the case of Owens v Owens. By way of recap, the case concerned a petition for divorce issued by Mrs Owens based on her husband’s unreasonable behaviour, which he [Mr Owens] defended.  

Posted in:TraceyDargan, Family
Natalie  Melvill
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To obtain a divorce in the UK, there is one ground which must be satisfied – that the marriage has irretrievably broken down. We do not have a no-fault system and hence it is necessary to prove to the court that this ground has been met.

Posted in:Natalie Melvill, Family
Tracey Dargan
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In July 2017, the Office of National Statistics published a marriage data survey reporting a distinct increase in marriages and divorces for those aged 65 years and over.

Posted in:TraceyDargan, Family
Tracey Dargan
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It is now one year since the UK voted to leave the EU and the issue of how this will affect international divorce cases in England and Wales remains uncertain. Until we have clarity, it is important to bear in mind two main issues that arise regarding the issuing of divorce proceedings.

Posted in:TraceyDargan, Family
Tracey Dargan
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With Father’s Day approaching this Sunday, this is undoubtedly a good time to consider just what rights a father has towards a child. A recent court ruling saw a British woman go to jail after supplying an ex-partner with fake paternity test results in order to convince him that her daughter was his child. 

 

Posted in:TraceyDargan, Family
Tracey Dargan
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More and more people are entering into second or even third marriages, civil partnerships and long-term relationships later in life.  Frequently they have property, investments and savings and are concerned what will happen if the relationship breaks down.  

Posted in:TraceyDargan, Family
Tracey Dargan
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Divorce in Britain among the over-50s is increasingly on the rise, say recent figures published by the Office of National Statistics. A recent report stated that the number of so-called ‘silver divorces’ nationwide has increased by three quarters in the past 20 years, while the number of ‘younger divorces’ continues to fall.

Posted in:TraceyDargan, Family
Tracey Dargan
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A study conducted by the Legal Services Board has found that British people are continually left dissatisfied by family law services from unregulated providers, highlighting the importance of seeking specialist advice from a regulated solicitor.

Posted in:TraceyDargan, Family
Tracey Dargan
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A son in-law has won the right to challenge his mother-in-law's Will in a landmark legal ruling which could set a new precedent for future Will disputes.

Posted in:TraceyDargan, Family
Tracey Dargan
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A hospital doctor is continuing to challenge the maintenance payments imposed by a divorce court. He argues the terms are unfair and mean that he has to work exceptionally long hours to cover the costs.

Posted in:TraceyDargan, Family
Tracey Dargan
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A third of couples in the UK admit that financial security is the main reason they have remained with their current partner. 

Posted in:TraceyDargan, Family
Tracey Dargan
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A Judge has ruled that a divorcee can keep a long-disputed £3.5million divorce settlement, despite the fact that she now cohabits with a new partner.

Posted in:TraceyDargan, Family
Tracey Dargan
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A woman who expected to be awarded £6million during divorce proceedings was left with just £36,000 after her husband died before a settlement could be finalised.

Posted in:TraceyDargan, Family
Tracey Dargan
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The Family Justice Council (FJC) released new guidance for expert witnesses late last week, following longstanding claims that expert witnesses have a lack of understanding of the requirements of family law.

Posted in:TraceyDargan, Family
Tracey Dargan
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Asking couples to blame each other for the breakdown of their marriage in order to get a divorce is “bordering on cruel”, the new chair of family law group Resolution has said. In a speech to 400 family lawyers at the group’s annual conference in Gateshead, he said Resolution will continue to press ministers for change.

Posted in:TraceyDargan, Family
Tracey Dargan
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Campaigners continue to feel frustrated over the lack of progress in changing the format of marriage certificates. In 2014, more than 70,000 people signed a petition calling for mothers’ names to be added to the forms used in England and Wales.

Posted in:TraceyDargan, Family
Tracey Dargan
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The Family Justice Council (FJC) has launched a new guide entitled ‘Sorting out Finances on Divorce’.  The aim of the guide is to help people who represent themselves in relation to the financial aspects of their divorce.

Posted in:TraceyDargan, Family
Tracey Dargan
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In recent years, there has been an increase in the number of clients requiring pre-nuptial agreements (‘pre-nups’). With 42% of marriages sadly ending in divorce, many couples are opting to having a pre-nup. This blog aims to address some commonly asked questions about pre-nups.

Posted in:TraceyDargan, Family
Tracey Dargan
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We have all been there, you have fallen out with your partner and said some things you regret.  It is part and parcel of being in a relationship, but where is the line drawn between these occasional rows and actually becoming a victim or perpetrator of domestic abuse? 

Posted in:TraceyDargan, Family
Tracey Dargan
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On 14th October 2015, Alison Sharland and Varsha Gohil were successful in their conjoined appeals to the Supreme Court; which has allowed them to re-open their respective financial claims based on their husband’s fraudulent non disclosure.

The judgment provides us with important clarification on the impact of fraudulent non-disclosure on a financial settlement agreed between a husband and wife on divorce.

Posted in:TraceyDargan, Family
Tracey Dargan
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With 42% of marriages ending in divorce and around 40% of couples who cohabit separating before their tenth anniversary, family law is a subject matter that many will experience. If you are thinking about entering into a relationship or plan to marry, it is important you have a basic understanding of your rights and how you can protect yourself should things go wrong. 

Posted in:TraceyDargan, Family
Tracey Dargan
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The subject of disclosure is currently a hot topic in family law, particularly as a result of the impending decision of the Supreme Court in the cases of Sharland v Sharland [2014] EWCA Civ 95 and Gohil v Gohil [2014] EWCA Civ 274.    In both...
Posted in:TraceyDargan, Family
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When a relationship breaks down, almost everyone needs legal advice, but some people struggle to cope with paying legal fees.  This can make an already stressful situation even more difficult  and this is especially true when the other party does...
Posted in:, Family
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Going through a divorce can be hard enough without the added stress of worrying about how your children will cope and what arrangements need to be put in place with the other parent.  Often one parent or both are grieving the end of the marriage and...
Posted in:, Family
Tracey Dargan
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Longmores have made a second key appointment at partner level in as many months.  Once again they have attracted an experienced solicitor from Central London.  Tracey Dargan joined the firm on 1 April, having gained 10 years’ experience in...
Posted in:TraceyDargan, Family
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Some of you may be aware of the recent case of Vince v Wyatt 2015 where the wife has succeeded in being allowed to make a claim for financial orders in respect of her former husband’s wealth, 22 years after a divorce.  Between when the parties...
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In this blog, I thought it would be useful to report back on my first experience of using Family Arbitration. Since its launch in 2012, Family Arbitration has been a slow burner while it waited for family law advisors to take the plunge, step into the...
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  So you are in a loving relationship, everything is roses and you could not be happier.  Neither of you are in a rush to get married, but you would like to take the next step and live together.  This is a familiar scenario, but what happens...
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Not many people know the intricacies of divorce or dissolution unless they have been there.  So, it is not surprising that clients come to us under some false impressions.  Below are some common ones.  Unless otherwise stated, references to...
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However, people should be aware that if they live together, their partner can still gain inheritance and property rights.  Although very different from the legal rights and responsibilities which come with marriage, living together can also has its...
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  I have always firmly believed that a minute unhappy is a minute too long. It would seem I am not the only one. More and more people over the age of 60 are deciding it is never too late to start again when in an unhappy marriage, despite sometimes...
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Anna Baptist
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On 14 January 2014, the President of the Family Division, Sir James Munby, gave a landmark judgment which fully endorsed Family Law Arbitration. He made it crystal clear that any application to a court to make an order in the terms of an award made by an...
Posted in:AnnaBaptist, Family
Anna Baptist
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This is the 2nd annual Family DR Week. It was begun last year by Resolution (previously the Solicitors’ Family Law Association) to publicise the alternative ways to resolve disputes involving family law issues other than going to court. Resolution...
Posted in:AnnaBaptist, Family
Anna Baptist
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The internet is a brilliant resource, but when it comes to purchasing legal services at what is often a very difficult time in a person’s life, both emotionally and practically, the online approach is by no means always the best or even cheapest...
Posted in:AnnaBaptist, Family
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Quite often clients come to us for advice relating to divorce or separation and say they are perfectly happy with an equal division of the available assets.  Some in fact feel that they are being generous because they have been the main breadwinner and...
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Anna Baptist
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Arbitration has long been the preferred approach to resolving commercial disputes. Now, since March 2012, it is also available to resolve family law disputes. What family law issues can be arbitrated? All disputes about money, property and other assets...
Posted in:AnnaBaptist, Family
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There are some clients who come to us who have separated from their spouses, but who have not taken the final step of divorce.  This could be because they are not emotionally ready or because other more pressing things have taken priority. However, we...
Posted in:, Family
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Christmas is a special and magical time for children of all ages, but the Christmas season can be a difficult and upsetting time for children if their parents have separated, or are considering separating.  No parent will want to see their children...
Posted in:, Family
Anna Baptist
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More of us than ever are choosing to live with our partner. We make this choice for all sorts of reasons, including because we believe it will be simpler to extricate ourselves if it does not work out. No messy divorce proceedings, no financial claims and no...
Posted in:AnnaBaptist, Family
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For an application to be made for ancillary relief (a financial settlement on divorce), there has to have been a valid marriage in the first place. On that simple point a woman’s application to file for divorce and claim ancillary relief was recently...
Posted in:, Family