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FAQs & Advice

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Guide to Leave to Remove Applications

A Leave to Remove application is where a parent or main carer of a child or children asks for the court’s permission to leave the area of this jurisdiction i.e. England and Wales with the children to live abroad on a permanent basis. In the event that the parents are unable to agree whether the relocation of the children should take place, a Leave to Remove decision will be made by the court. This guide to Leave to Remove applications will cover proceedings from both perspectives. First, let’s look at the basic principles included with a Leave to Remove application –…

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Financial claims after a long period of separation

Goodwins Family Law

A recent Supreme Court decision has emphasised that unlike practically every other area of law, that there is no statute of limitations principle applying to financial claims after a divorce.  In other words, unless a Court has formally dismissed a spouse’s financial claims then their ability to make a later financial claim against their former spouse remain outstanding indefinitely.   This case of Wyatt has been well publicised in the newspapers, where a former ‘new age’ couple living an alternative lifestyle and with no income or assets separated and divorced but did not take steps to dismiss their financial claims.  Many…

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Challenges to Legal Aid in Domestic Abuse Cases

In September of this year, the High Court made a decision to allow a challenge to the rules on legal aid for domestic abuse victims. The original government ruling, passed in April 2013, required domestic violence victims to provide a prescribed form of evidence if they were to receive legal aid. The changes were made by the government in alignment with the cuts to England and Wales’ annual legal aid bill, which aimed to reduce the bill by £350m from £2bn a year. The campaign group Rights of Women feel that the cuts prevent domestic abuse victims from getting the proper…

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Essential information you should know about Child Custody

Goodwins Family Law

If a couple feels that their marriage has broken down irreparably, then divorce is often the next step that they take in order to legally and formally dissolve the marriage. The length of the divorce process varies with each couple – some can be resolved quickly with minimal fuss, while others can become very protracted as each party tries to claim what they feel they are entitled to in the divorce. However, there are some people who don’t get a say in what happens in a divorce, who are often left confused, upset and scared about what is happening – children….

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Your Guide to Prenuptial Agreements

With the seemingly relentless media coverage that surrounds any celebrity wedding and, in turn, any celebrity divorce, we hear a lot about prenuptial agreements and what they consist of, usually containing eye-watering sums of money. But what exactly is a prenuptial agreement and how do they work if you aren’t lucky enough to have a multi-million pound fortune?   Who can enter a prenuptial agreement? Prenuptial agreements are available to any couple w ho are considering entering into a marriage or a civil partnership. The right to a prenuptial agreement is entirely the same whether it is a marriage between a…

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Guide: The Difference Between Judical Separations & Divorce

Before applying for a judicial separation, it is important that the differences between it and divorce are fully understood. There are a number of variations between the two processes, and this article will examine them in order to help you get a better understanding of the proceedings. The Legalities In a Judicial Separation, the result is different from a divorce in that the marriage is not legally deemed to be over. The parties involved may have accepted an end to the relationship, but they are not permitted to remarry unless they obtain a divorce. Similarly, if the marriage has not irrevocably…

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News: Increase in Divorce Following The Christmas Period

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Although it may seem like a time for happiness, joy and love, the festive period can provide stumbling blocks for married couples that can often result in divorce. There are a number of factors that can lead to this unfortunate result, and as the festive season approaches, figures show a spike in the number of divorces and divorce inquiries.   Financial Strain For many families, Christmas is a time of huge expense, as buying gifts for friends and family seems to be a never-ending task. Financial strain is one of the leading causes of divorce, as struggling to make ends meet…

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What to Look for In a Family Law Practice

Goodwins Family Law

When you’re choosing a family law practice to help you resolve any disputes you may have, there are a number of factors that you need to consider to ensure you get the best possible results. From accreditations to the amount of experience they have, everything is important when it comes to family legal matters. This article will inform you of some of the aspects you need to look for in your family law practice.   Accreditations It is incredibly important that any family law practice you choose has the correct accreditation or accreditations for the area of law that you need…

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Making An Inheritance Act Claim In 2014

Goodwins Family Law

If a person dies without having set out the division of assets in their Will, then there is a large scope for the courts to decide how any assets are distributed amongst relatives. If a party feels that the deceased has not given them reasonable financial provision under their Will, then an Inheritance Act claim can be made.  There is no set way that the courts decide the division of assets, as each case is unique and there are a lot of factors that need to be taken into account when arranging the distribution of assets. When somebody dies, their estate…

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Splitting Up – What’s Yours and What’s Mine

Goodwins Family Law

When a marriage ends, there can often be confusion as to the dividing up of possessions between the couple. Belongings need to be divided up as fairly as possible, but there are a few mitigating factors that must be considered where the division of possessions is concerned. Every separation is different, and there are different ways to define the ownership of certain possessions. This article will elaborate on how belongings are divided up. Shared Property When a couple separates, if the property they live in is owned under both their names, then it can be divided by half. However, in some…

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