If one party wants the divorce to be finalised but the other does not, and the parties’ finances have not been resolved, may the decree absolute be delayed? Let’s begin with the basics. The divorce process in England is conducted in three stages: 1. The issue of a divorce petition. 2. The grant of a divorce decree nisi by the court. 3. Obtaining a certificate of decree absolute from the court …
In my previous post I set the scene in a hotly disputed area of law: maintenance payments and the ex-husband who resents paying after his former partner begins living with another man. The Court of …
There are common misconceptions about adultery & divorce, so here are my ten top adultery myths.
When a financial application is made to the divorce courts, three court hearings are scheduled to take place: a First Appointment, an FDR hearing and a Final Hearing. Two years ago I published a post called FDR – look out for these stumbling …
In a robust judgement sure to cause consternation, the Court of Appeal has condemned the Child Support Agency (CSA) for “obnoxious” and “unreasonable” legal failings in threatening fathers with jail without giving them the right to defend themselves.
Here’s a summer competition: It’s a fictitious scenario, with a puzzle at the end, which centres upon a rocky marriage. The wife is shying away from the truth. The husband is consumed with the guilt of an illicit affair.
I receive a massive number of comments on this blog concerning the decree absolute. It seems to be the one stage of the divorce process that causes most confusion, and so I thought it might time to look at it in a little more detail and consider the important steps to take once it has been granted. Just this weekend a further example of the 163 queries I've so far received was submitted:
Wives and mothers usually wish to remain in the marital home – but it isn’t always a good idea to postpone a sale. A Mesher order is a court order that postpones the sale of the marital home and gives a chargeback to a husband exercisable on the occurrence of specified events. It originated in an eponymous case in 1980, when the Court of Appeal permitted the wife to remain in the …
If a relationship breaks down and there are children involved, what rules are applied to cases when one parent wishes to move with the children to another country? In this post, we will be looking at …
Your ex-wife has moved on and is now happily living with a new partner. They are in a stable, supportive relationship and he doesn’t seem short of cash. So why are you still paying her regular …
Earlier today I appeared on ITV’s This Morning, sitting alongside Holly Willoughby and Philip Schofield answering viewers’ questions about child maintenance. The volume of calls, emails and tweets was high, and many of the questions about child maintenance followed the same theme. There was a lot of confusion over the process that governs the obtaining of child support, and many problems with non-payment or under-payment of maintenance, whether spousal support or for children.
Divorce & Splitting Up by Marilyn Stowe is the essential how-to book for anyone who is getting divorced or splitting up from a partner. Read more >>
"A must buy that really opens your eyes to what is involved if you are considering or going through a divorce." - Amanda Brown
"This will answer your questions in a way that non-lawyers can understand." - Miss P.
"This really has helped me to see that there is light at the end of the tunnel and I will come out of it a stronger person." - J
Marilyn Stowe is the Senior Partner at Stowe Family Law LLP. Stowe Family Law LLP is authorised and regulated by the Solicitors Regulation Authority. SRA ref 469401. Stowe Family Law LLP is registered with Companies House, ref. 331570, and registered for VAT, number 918 5722 04. A list of members is available for inspection at our Harrogate office.
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