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Tag Archives: Divorce

The Dreaded Summer Holidays?

Whilst children look forward to the summer holidays with fevered anticipation, it can be a source of stress for many parents, in particular in families where both parents have full time jobs outside of the home. It might seem that separated parents should be under less pressure as they arguably have two lots of holiday entitlements to give more cover to the 6 or 9 week break from school. However …Read More

Owens and Owens – Setback for Divorcing Couples

The judgement in the case of Owens and Owens on 24th March 2017 was widely covered in the media with criticism of both the judiciary and the state of the law. The facts of the matter were that Mr and Mrs Owens, aged 79 and 67 respectively, separated after a 37-year marriage in 2015.  Mrs Owens brought a petition seeking to prove the irretrievable breakdown of the marriage by alleging …Read More

England’s faulty divorce system

Many find it quite surprising that, in this day and age, we do not have ‘no fault’ divorce, that is divorce by mutual consent. In truth, we do have it; it is just coupled with a waiting period of two years and still has to be presented to the court as one party ‘divorcing’ the other. In strict legal terms there is only one ground for divorce, the irretrievable breakdown of the marriage; …Read More

Silver Divorce – Until Retirement Do Us Part

The number of over-50s who are divorcing is on the increase. It is believed that changes in life expectancy are prompting many couples to reconsider whether they wish to grow old together. Whatever the reason, those facing a silver divorce do so at a time when they are close to retiring and they face real concerns about how their income and housing needs are going to be met.  There may be …Read More

MIAM Compulsory for Children Arrangement Orders: Family Act 2014

Often when a relationship has broken down one of the most difficult issues to be dealt with is the living arrangements for the children. This has not been helped by the Courts which in the past have referenced unhelpful terms such as custody, residence and contact which, when applied to arrangements for children, are emotive and confrontational terms. The Children and Families Act 2014 has tried to change things: it …Read More

Divorce Reform: No More Divorce Judges?

There was much speculation in the press in 2014 when Sir James Munby, President of the Family Division of the High Court, concluded a speech by emphasising the need for reform of English divorce law. He suggested: removing the fault-based approach to divorce creating a divorce process independent of the Court system separating the divorce process from financial claims arising from divorce. 1. Removing the fault-based approach to divorce In …Read More