Reform to UK Divorce Law

As an experienced family lawyer, I have dealt with many divorce cases over the years and being at the “coalface” I have seen first hand that our current divorce laws can make an already painful time even more difficult.

Under the current law in England and Wales, couples seeking a divorce must either be separated for 2 or 5 years or allocate blame for the breakdown of the marriage on the basis of their spouse’s desertion, adultery or unreasonable behaviour.

Read More

An end to the blame game in divorce?

Amongst lawyers and in the wider public, the well publicised case of Mrs Tini Owens in Owens v Owens shone a light on the difficulties caused by our fault based divorce system.

Under the current law, divorce proceedings can be based on adultery, desertion, unreasonable behaviour, 2 year separation with your spouse’s consent or 5 years separation.

Read More

Don’t lose out on Pensions on Divorce

According to new research by Scottish Widows, 7 in 10 couples fail to consider pensions during divorce proceedings and this leaves women short changed by £5 billion every year, losing out on benefits after the end of their marriage.

Also, of concern is the research’s findings that almost half of women (48%) have no idea what happens to a pension when a couple gets divorced.

Read More

Cohabitation Awareness Week and the Myth of the “Common Law Marriage”

According to the Office for National Statistics latest release on 8 November 2017, there are 3.3 million unmarried couples living together in the UK and this is the fastest growing type of family in the UK.

This week, Resolution – a group of some 6,500 family lawyers committed to the constructive resolution of family disputes and which campaigns for a fairer justice system is shining a light on lack of protection afforded to millions of unmarried couples with Cohabitation Awareness Week.

Read More

Divorce and Financial Remedies – What Amounts to Bad Conduct?

bad conduct

One of the questions I am frequently asked by clients I act for in divorce and financial remedy cases is what type of behaviour amounts to bad conduct. When trying to resolve issues around the financial aspects following a marital breakdown, the first step is for both parties to provide full disclosure of their finances by exchanging a lengthy document called a Form E.

Read More

Divorce – When Unreasonable Behavior Is Not Unreasonable Enough

Divorce Family Blog

Obtaining a divorce is England and Wales is relatively procedural. If you can establish one of five facts, you can lodge a divorce petition with the court. These facts are:

- Adultery

- Unreasonable behavior

- 2 years separation with your spouse’s consent

- Five years separation

- Desertion

Unreasonable behavior is frequently relied on as it is one of two facts (the other being adultery) that entitle grounds for divorce proceedings; once you have reached the conclusion the marriage has broken down – be that through a resolution with time apart or a mutual agreement.

Read More