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 …
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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.
There are common misconceptions about adultery & divorce, so here are my ten top adultery myths.
A new case has come to light that is important for anyone going through family separation who owns a property jointly with their partner– as well as the practitioners advising them. What follows is a more complicated post than usual and I’ve done my best to simplify it. For all those unacquainted with Section 36 Law of Property Act 1925 may I first suggest reading my initial post on this subject three years ago.
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 …
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.
Sitting with the Lords Justice Patten and Richards, Lord Justice Ward said: “The procedures adopted do not comply with the rights to a fair trial and were flawed.”
This was a test case, brought by a group of solicitors and barristers to establish whether the
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 …
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.
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 …
External relocation: when a parent wishes to move overseas with a child, what rules apply? By guest blogger Laura Guillon.
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 the rules – and how they could change in the …
Marilyn Stowe’s new book: expert advice on all aspects of divorce, just 99p!
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.
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Marilyn Stowe on SKY News & ITV This Morning
- Arlene on Protecting the family Home: orders for sale, bankruptcy and divorce by guest blogger Ellie Webster
- Luke on My review of the year (part two) by John Bolch
- Deborah on Delaying the Decree Absolute: another look at Miller Smith v Miller Smith
- Andrew on The Child Maintenance Service: a new era for child support
- a free man whos moved to channel islands on The non-resident nightmare: how offshore income is taken into account for child support
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In the Media
Marilyn Stowe is the senior partner in Stowe Family Law, which has offices in Yorkshire, Cheshire and London. With more than 30 years’ experience handling divorce cases and family law proceedings she is regarded as one of the most formidable and sought after divorce lawyers in the UK. In 2012, Marilyn became one of the first solicitors to qualify as a family law arbitrator.
All persons mentioned in the scenarios are fictitious: details have been deliberately changed in order to protect identities and other confidential circumstances of my clients. All advice and information on this blog including posts written by guest authors, is given only as a general guide to the operation of the law on the date of publication. Readers must place no reliance whatsoever on the content of this blog and must always obtain their own legal advice. Marilyn Stowe, Stowe Family Law LLP and guest authors accept no liability whatsoever arising as a result of reliance upon its content.
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