Co-operation and contempt in divorce

There is no ‘ideal’ divorce. Whatever the circumstances, divorce is tough and upsetting. Ultimately, though, divorce is about co-operation, however hard that co-operation may be to stomach. And those involved in a divorce who refuse to play by the rules could find themselves facing more than an acrimonious separation, as the recent case of Parkinson […]

Landmark victory for cohabitee

In February 2017, Denise Brewster won her claim that she should automatically receive her late partner’s ‘survivor’s pension’, despite the fact that they were not married. The case highlights the inadequate financial provision automatically available for unmarried couples on death or separation. Translink’s Occupational Pension Scheme Ms Brewster’s legal action related to the ‘survivor’s pension’ […]

Revisiting Maintenance? The Court of Appeal decision in Mills v Mills

The tide against the concept of ‘maintenance for life’ has turned or so we thought with courts increasingly emphasising the need for the party receiving maintenance to do so only for a short period of time, and aim to become independent. Discussions in the House of Lords have also called for an end to ‘lifelong […]

A question of ‘habitual residence’

Susi Gillespie looks at the decision in RE: ALCOTT (1) [2016] EWHC 2413 (Fam) and the question of ‘habitual residence’ in child abduction cases under the Hague Convention There are many benefits to having parents from different countries and culture – in many cases it can mean children growing up speaking more than one language, and […]

Marriage breakdown: the benefits of collaborative law

Collaborative Law is a form of Dispute Resolution that is still relatively unknown and under-used, yet offers a number of benefits to couples whose marriages have broken down and who are looking for an alternative to a lengthy and acrimonious court battle. Avenues to divorce Marriage breakdown is never easy – and unlikely to have […]

Unmarried Separations

Unmarried couples who separate often don’t realise that their legal position is not the same as couples that are divorcing.  It is a constant surprise that many clients still believe there is some sort of ‘common law right as husband and wife’ – this is known as the ‘common law myth’ and there is no […]

Separation and Divorce for Christmas?

For many of us, the approaching Christmas break is a welcome escape from the daily commute or 9-5.  It is exciting that we will be taking the children to see Father Christmas or that we will be shopping until we drop and eating and drinking until we pop.  Many of us relish the thought of […]

Pre-Nuptial Agreements

Remarrying? Marrying for the first time? Already married? Historically, prenuptial agreements have been reserved for the wealthy or the rich and famous.  However, more recently other categories of couples will now find they can benefit from such an arrangement.  For example, those who may have already been stung by a divorce and are reluctant to […]