No Fault Divorce Sima Najma

No Fault Divorce – a guide to the changes

Historically, to petition (apply) for divorce, the person making the application had to provide reasons and apportion blame on their spouse in order to satisfy the court that the application should be granted. This inherently caused more conflict and made the process of legal separation more difficult and fractious than necessary. On 6 April 2022, … Read more

Pre-nuptial Agreements: A Short Guide

In this article, I explore what a pre-nuptial agreement is and why it matters when you are considering getting married or entering a civil partnership and the effect these have when you decide to separate and/or formally divorce. What is a pre-nuptial agreement? A pre-nuptial agreement is a document that is drawn up by a … Read more

Trust of Land and Appointment of Trustees Act 1996 (the Act).

In this article, I explore what unmarried co-habiting couples should consider where the ownership or rights over shared property cannot be resolved without intervention. Such matters are dealt with under a piece of legislation (an Act) called the Trust of Land and Appointment of Trustees Act 1996 (the Act). This is commonly referred to as … Read more

Exploring co-habitation

In this article, I explore what co-habitation means and how it can impact your rights when dealing with separation and issues of domestic violence. Co-habitation is a term used to describe the living arrangements between an unmarried couple. Partners can decide to get married and have additional legal recognition for their status as a couple, … Read more

Division of Assets and Fairness in Divorce: Is it Fair and Equal?

Separating couples face the unenviable task of working out what assets they have and how these will be divided. This is no easy task. Where the court is charged with making the decision, the Parties must make a full disclosure to each other of their finances and assets. The assets may include any of the … Read more

Financial Remedy Orders – changes to Financial Remedy Hearings you need to know about

A financial remedy order helps divorcing couples obtain certainty in court with financial matters when separating if they have been unable to resolve things during mediation.  A financial remedy order can include any financial asset and how this is shared between the separating couple. Often, a financial remedy order deals with lump sum payments, pension … Read more

Separation and marital assets: when dishonest behaviour leads to adverse costs orders  

Do you suspect that your former partner is being less than truthful in their disclosure of assets in your divorce?  In this article I explore what seemingly should have been a straightforward split of assets became a protracted and complex review and decision-making process.   Please see the page on Financial Remedy Proceedings where I set … Read more

Child Arrangements Orders and Domestic Abuse: [2023] EWHC 597 (Fam) A Case Review

Ms Najma recently acted for her client in an application for a Child Arrangements Order under s.8 Children Act 1989. Section 8 deals with all orders with respect to the welfare and contact arrangements for children. These can be for: The facts of the case: The father was making an application to spend time with … Read more

New guidance for Domestic Abuse applications and the need for Fact-Finding Hearings 

Domestic Abuse is an important area of Family Law which forms part of the foundation of the Family Courts. A recent decision in the Court of Appeal in H-N and Others (children), has provided some guidance as to evidential matters in Domestic Abuse applications.   Domestic Abuse is defined by the UK government as being “any … Read more