Obtaining an Order to receive reimbursement for your costs in Family cases is quite rare. There are some key factors which the Family Court will consider when a Costs Order is requested which I shall explore in this short article. What are Costs in Family Matters? Costs include legal fees such as instructing Barristers and … Read more
[2024] EWHC 839 (Fam) The Duty to Consider Fact-Finding is the responsibility of the judge where there are allegations of domestic abuse and or coercive or controlling behaviour. This has been reiterated in the recent decision in O (Appeal; Duty to Consider Fact-Find), Re [2024] EWHC 839 (Fam). What is a Fact Finding? “A Fact-Finding … Read more
If you are representing yourself in the Family Court, there are some key elements that should be considered, and in this article, I shall explore these to help you be ready and present yourself in the best possible way. Self-representation is often referred to as being a Litigant in Person (LiP) and essentially means that … Read more
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
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
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
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
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
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
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