Children and the law: your questions answered

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June 13, 2014 1 comment

fostering and adoption

I have been threatened with a non-molestation order. Can’t I contact my children? Even if you have been threatened with a non-molestation order application, or indeed if such an order is made against you, this may not prevent you contacting your children.  It will depend on the wishes and feelings of the children provided they…

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Husband wins appeal against finding of non-disclosure

April 1, 2014 1 comment

A former husband who left his job after developing depression has won his appeal against a ruling that future maintenance payments should not be limited. In N v N, the former couple had been married for nine years and had two children, both now teenagers. They separated in 2002 and their divorce was finalised in…

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A few words on judicial separation by John Bolch

January 13, 2014 2 comments

separation

As mentioned in this post, a case hit the headlines last week in which, to the amusement of many, it was suggested that a woman had tried to sue her lawyers for failing to advise her that a divorce would end her marriage. I’m not going to comment upon that, as there isn’t really enough…

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Think before you appeal by John Bolch

January 6, 2014 1 comment

It is a rare thing that both parties will be satisfied with a financial/property settlement imposed upon them by a court. In many cases one of them will feel aggrieved by the court’s decision and want to launch an immediate appeal. However, before they do so there are one or two things that they should…

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Wife wins appeal in conflict of interest divorce case

November 22, 2013 1 comment

legal costs

A woman engaged in financial remedy (settlement) proceedings with her estranged husband has successfully appealed after the original legal order was set aside. In Duncan v Duncan, the wife’s legal representative discovered the day before the final financial hearing was due to take place that he had represented the husband during his first divorce five…

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Sealing the deal: financial settlements and divorce

June 20, 2013 355 comments

financial settlement divorce

What are the ins and outs of financial settlements following divorce? Once you reach this stage, whether you are the husband or wife, the wealthier party or the dependent one, there are key points that you should bear in mind while the fine details of the settlement are finalised. In this popular post, we take a look at them. Financial settlements used to be called ‘ancillary relief’ because they were seen as ancillary to the main event, the petition for divorce. But I think the current name is much more fitting.

News: Permission to appeal refused in financial remedy case

October 25, 2012 0 comments

news

In a recently published case, a judge has refused permission to appeal against a ‘financial remedy’ order (a legal order in relation to finances made following a divorce). The wife in the case had been awarded £100,000 towards her legal costs, after successfully claiming that her former husband had been guilty of “extreme litigation misconduct…

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