Divorce, Dissolution and Separation Bill – Part 3
Following on from our previous Blogs regarding the Divorce, Dissolution and Separation Bill (read part 1 here or part 2 here), we look at the next stage of the Bill process, the line by line examination of the Bill by the ‘Committee of the Whole House’ that took place in the House of Lords on…
Family Courts Deemed Unsafe For Domestic Violence Victims
In light of the Family Judge Tolson case, whereby a leadership judge declared outdated views around sexual consent, a letter has been signed by 130 professionals and lawyers raising concerns that courts aren’t safe for victims- with outdated views on consent and sexual violence. This came off the backlash from Judge Tolson, who rules that…
Divorce, Dissolution and Separation Bill – Part 2
Following on from our previous Blog concerning the Divorce, Dissolution and Separation Bill, we look at the second reading and general debate of the Bill that took place in the House of Lords on 5th February 2020. Main issues raised Making divorce too ‘available’: One of the most debated aspects of the Bill was that…
Alternative Methods When Dealing With Family Issues
We understand the anxieties, difficulties and uncertainties facing our family clients, especially when dealing with issues concerning their child or children. It is our objective to make this journey the smoothest for you, taking into account your own personal circumstances and feelings. Child Protection Social workers’ involvement in family life can be at any stage;…
Divorce, Dissolution and Separation Bill
As many people will now be aware, the current Divorce, Dissolution and Separation Bill has been reintroduced to Parliament, following its automatic failure as a result of the dissolution of Parliament on 6th November 2019. The idea of the Bill is to introduce a ‘no fault divorce’ with the aim to reduce or eliminate family…
10 Reasons To Use a Solicitor When You Divorce
The Christmas and New Year period are traditionally thought to be a happy time when family and friends reunite, but it can add to the pressures when a marriage is in trouble. Couples who feel their marriage is nearing an end may find themselves putting matters off until the New Year for the benefit of…
Legislation planned to bring an end to the blame game in divorces
Under the existing legislation, the Matrimonial Causes Act 1973, individuals seeking to obtain a divorce have to rely on one of the five available facts to prove that there has been an irretrievable breakdown of the marriage. Two facts that are commonly encountered and relied upon in practice are that of unreasonable behaviour and adultery…
Pre-nuptial and Post-nuptial agreements
A marriage, as much as we all want it to last forever, sometimes it just doesn’t. More couples now are taking the practical approach of preparing for such an unfortunate event by drawing up pre-nuptial and post-nuptial agreements. The nuptial agreements provide clarity, certainty and protection to both parties in relation to their assets and…
Child Rights For Unmarried Fathers
Parental Responsibility: in England and Wales this is automatically acquired by the father if he is married to the mother of the child, or if he is named as the father on the child’s birth certificate. Parental responsibility is a legal status defined as “all the rights, duties, powers, responsibilities and authority which by law…
Can I Get Legal Aid For A Child Arrangements Order Application?
Legal Aid can be available to pay towards legal costs for advice and representation. There are strict criteria applied to the granting of legal aid There are three main considerations when the Legal Aid Agency (LAA) assess a legal aid application: Scope: the proceedings must be within the scope of legal aid, as some legal…
Forced Marriage Victims Abroad Charged Fee to Return to UK by Foreign Office
An investigation found that 82 victims of forced marriage between 2016 and 2017 had to pay for living costs incurred between making distress calls, returning home and airfare. Other victims received loans from the Foreign Office. In order to receive the loan, victims had to give up passports as a condition- until the debt was…
Domestic Abuse Best Practice Framework Extended Across England and Wales
Prosecution rates have improved by nearly 10% using techniques developed in pilot projects over the past two years in London, Nottingham and Yorkshire since 2016. The measures set to boost conviction rates will now be adopted nationally by the CPS across England and Wales starting January. The new scheme, known as the domestic abuse best…
Children Conceived Through Rape and Subjected to Care Proceedings
Rotherham Child Exploitation Scandal Sammy Woodhouse is a survivor of the Rotherham Child Exploitation scandal. Recently she campaigned to the media that Rotherham council, had sought to involve her child’s father. Her child had been conceived by rape. Arshid Hussain was jailed for 35 years in 2016. Arshid Hussain was not on the child’s birth…
UK Forced Marriage Prosecutions
The Anti-Social Behaviour, Crime and Policing Act 2014 In 2014, legislation was introduced to tackle forced marriage in the UK. The Anti-Social Behaviour, Crime and Policing Act 2014 amended the Forced Marriage Civil Protection Act 2007, and Family Law Act 1996. It became stringent; criminalising those who breach Forced Marriage Protection Orders. Since the new…
Domestic Abuse: Myths Vs Facts
Common misconceptions surrounding domestic abuse tend to be based on stereotype and myth. Perceptions can be perpetuated by media and society. These myths are unrelated to the reality and extent of domestic abuse, and furthermore harms victims. The myths below tend to blame the victim, rather than holding the perpetrator accountable. This information aims to…
Forced Marriage Recognised as Modern Slavery: Changes in Policy?
NGO Charities warn that thousands of victims across the UK live in conditions matching modern slavery. Under the freedom of information act, figures collected by the Iranian and Kurdish Women’s Rights Organisation revealed 3,546 reports between 2014 and 2016. In 2017, another NGO charity, Karma Nirvana took approximately 9,000 calls on the forced marriage helpline,…
What Does The Law Say About Leaving Kids Home Alone During Summer Holidays?
By Law, are parents allowed to leave kids home alone during the holidays? The six week summer holiday has rolled around for our children once again. For many families this is a carefree joyous period, no different than any other part of the year. Whilst for others, this time will be difficult to manage. Juggling…
Legal Aid in Family Law Cases
In the past, Legal Aid was available for all types of family law matters. This changed in 2013, when new rules were introduced. We often receive enquiries which ask if Legal Aid can be obtained for a particular issue, and so here Gillian Colquhoun, a Solicitor in our Family Legal Aid department, takes a look…
Treated with Contempt: A Warning from the Family Court
A recent case which has seen an 83 year old man sent to prison for contempt of court offers a stark warning to litigants who may be tempted to treat proceedings less seriously than they ought. John Hart had been ordered to transfer his shares in a property development company to his ex-wife. Though he…
Divorce and Dissolution: Ways to an End
The terms “divorce” and “dissolution” are often used interchangeably. No matter what the semantics, the end result is that the marriage or civil partnership comes to an end. In order to obtain a divorce or dissolution, you must have been married or in the civil partnership for at least 12 months before the issue of…
The Myth of the ‘Quickie Divorce’
The press love to reference a “quickie divorce,” usually when writing about the latest celebrity marriage to come to an end. Often, the reporting gives a misleading impression – that by virtue of your fame, the path to a divorce is faster and smoother. Here, I look at why this is inaccurate and how effectively…
Immediate Changes to Legal Aid rules for victims of Domestic Abuse
There is welcome news this week with significant amendments to the rules governing Legal Aid in family cases, which in the words of the Vice President of the Law Society ‘make it easier for victims to qualify for legal aid and access essential help and support.’ Tim Burt is a Solicitor in our Family law…
From Cohabitation to Pre-Nups: Legal Considerations Pre-Marriage
For 21st century couples, it’s not just hearts and flowers. They may take a pragmatic approach, considering ways to legally safeguard their positions in a way that their parents’ generation would not. Cohabitation Agreement A Cohabitation Agreement formalises financial arrangements when couples aren’t married and merely choose to live together. It protects assets and how…
National Cohabitation Week: An Expert’s Guide to the Law
The results of a poll commissioned to mark Cohabitation Awareness Week are being reported in the press-and they make interesting reading! Speaking to 2,000 adults, the poll found that nearly two in five British adults (37 per cent) wrongly think that unmarried couples who have lived together for more than two years are classified as…
Female Genital Mutilation Prevention Orders: The Law Explained
Female Genital Mutilation (FGM) is defined by the NHS as a procedure where the female genitals are deliberately cut, injured or changed, but there is no medical reason for this to be done. It is often referred to as female circumcision. The NHS also reports that between April 2016 and March 2017, there were 9,179…
Separating Parents and Child Arrangements: A Helpful Guide
Most separating parents are able to reach an amicable agreement as to decisions relating to their children. If this is not the case, there are options to consider. Lidia Foster is a Solicitor at our Castleford branch, and regularly helps parents in this type of situation. Here, Lidia offers a helpful overview. There is the…
Family Law Services in Pudsey
Providing quality Family law services is crucial at Ison Harrison, and our Pudsey branch is no exception. Nigel Monaghan, who has over 30 years’ experience in dealing with all aspects of Family law, understands how important it can be to obtain early advice from a trustworthy professional. Understanding Family Law At Ison Harrison, we understand…
New Family Law Clinic Launch in Otley
We are pleased to confirm that starting on Friday 19th May, we are holding a Family Law clinic at the Courthouse, Otley. Initially running for seven weeks, the clinic will be held between 12-2pm each Friday afternoon- no appointment is necessary. The clinic will be hosted by Sarah Laughey, Family Solicitor at our Ilkley branch….
Promotion of the Online Court Begins with MOJ Video- ‘Justice Matters’
In March 2017, the Ministry of Justice (MoJ) released a new video entitled “Justice Matters”, to promote and inform viewers about the forthcoming Online Court system. The video, which can be accessed on Youtube, allows for quick viewing time, being just over five minutes in duration. The MoJ is said to have an ‘ambitious vision…
Grandparents’ Legal Rights to See Their Grandchildren: The Facts
In cases of family breakdown, grandparents can play a strong, stabilising role- bringing security, safety and normality for children and also welcome respite for parents. When a family is in turmoil, the relationship that grandparents have with their grandchildren is not always preserved. In such cases a solicitor is able to offer valuable assistance, recognising…
For Richer, For Poorer: Do We Need A Pre-Nuptial Agreement?
It’s fair to say that pre-nuptial agreements very much split opinion. To some, they’re unromantic; to others, they’re a practical safeguard. Essentially, a pre-nuptial agreement is a document signed before a couple marries, typically identifying what happens to their money, property, and possessions if they split up. They’re not just for celebrities. Many people are…
Cohabitation: What Are Your Rights?
In modern society it is increasingly common for couples to prefer to shun the traditional conventions of marriage, and continue happily without the expense and formalities of tying the knot. Often, such couples may have lived together under the mis-apprehension that if they separated they would be in some way protected by virtue of being…
The Benefits of a Civil Partnership for Heterosexual Couples
A campaign to overturn a ban on heterosexual couples being allowed to enter into civil partnerships is thought to have gained considerable ground, despite a recent narrow defeat at the Court of Appeal in January. Rebecca Steinfeld and Charles Keidan have campaigned for three years to gain legal recognition for their seven-year relationship, gaining 72,000…
A Valentine’s Court Appearance and the Concept of a No-Fault Divorce
The press has reported on a rather unusual case which started in the Court of Appeal on February 14th. Tini Owens has been married to her husband Hugh for almost 40 years but issued divorce proceedings last year, on the basis that her marriage had irretrievably broken down. Mr Owens disagreed- and so did the…
Changes to cross-examination in domestic abuse cases
The Guardian reports today that proposals to prevent ex-partners from cross examining victims of domestic abuse have moved forward once again. Recent campaigning has seen the press, womens’ rights groups and victim support groups calling for a change in the law. Presently, someone cannot be cross-examined by their ex-partner in a criminal case- but there…
What Is Collaborative Law?
In the 21st century it is very common to learn from the more brutal approach of the past and find more constructive and collaborative ways to solve problems. Collaborative law is exactly this; an amicable, mature and positive approach to divorce and separation, which takes into account the raw emotions involved and works towards a…
The Unspoken Truth Of Domestic Issues And How We Can Help
Fear is something that surrounds many cases that we witness at Ison Harrison and we frequently see a sense of relief when a client starts talking about their domestic issues and hearing how we can help them. Of course, this means that the client has reached the stage where they feel they can attempt to…
New law on domestic violence
The new law on domestic violence announced recently by the Home Secretary, Theresa May, comes after the government’s consultation earlier this year which sought views on whether the current law on domestic abuse needs to be strengthened to offer better protection to victims. The new offence created is intended to protect victims from “coercive and…
Pre-Nuptial Agreements
At present, although such agreements are increasingly being taken into account by the divorce courts the terms are not always upheld. In each case, the court will consider all of the circumstances including the existence of any pre- or post-nuptial agreement but still retains the ability to depart from the terms of any such agreement…
Woman ‘cannot share’ ex-husband’s fortune 20 years after separation
The couple were married in 1985 and had two children, but divorced six years later. Their combined assets were divided between them, with the wife getting the family home and a property in France, and the husband paying annual child maintenance. However, the agreement was never made into an official court order. The husband then…
Divorces may be set to rise as economy recovers
The survey, carried out by accountancy firm Grant Thornton, found that eight out of 10 lawyers felt that the recession had led to married couples delaying divorce proceedings. The reason is thought to be that many couples simply couldn’t afford to separate because they were under too much financial pressure and uncertainty. Instead they chose…
Father must return his abducted children to their mother.
The case involved a British couple who moved to Canada to start a new life with their two children, aged two and four. They separated within a few months of arriving and the father took the children back to the UK without the mother’s permission. The mother took legal action to have them returned to…
Rise in cross border disputes over children abducted by parents
Figures released in the annual report by the Office for International Family Justice for England and Wales show that there were only three such cases in 2007. The figure rose to 65 in 2008 and then to 253 in 2012. The report says the increase is partly due to the “ever-increasing number of international family…
Woman fails to share in ex-husband’s newly earned riches
Dale Vince and Kathleen Julie Wyatt separated in 1984 when they were both in their early 20s. They divorced in 1992. Mr Vince was penniless at the time but he then went on to become a millionaire after setting up a business creating energy from wind power. In 2011 – 19 years after the divorce…
Father wins appeal over contact with his children
The man had originally been granted supervised contact because it was feared that he might abscond and take the children abroad if there was no supervision. The problem arose when he applied to vary the supervision arrangements. The judge held that the state could not be expected to supervise contact and so the best approach…
Contempt of Court and Divorce
Sanctions for contempt of court can even include jail time as one wealthy divorcee has recently found to the cost of his liberty. Contempt of court in divorce proceedings can arise if there is any interference with the administration of justice such as a violation of or non-compliance with a court order, disruption of the…
Separating Couples: How to maximise your income upon separation
For those going through a divorce or separation it feels like the world has temporarily ended. As well as worrying about what’s going to happen to the house, where you’re going to live and who the children are going to live with, often one of the most worrying things can be how you’re going to…
Divorce settlement acknowledges husband’s extra contribution
The issue arose in a recent case before the High Court. The husband had founded a successful company in the early years of the marriage. Both husband and wife had made a substantial loan to the business and were both receiving repayments at the time of the divorce. The shares in the company were worth…
Separating parents: What are your options?
Imagine therefore, what those parents who are separating have to deal with in addition. They, of course, never imagined when they had children that a separation or divorce would be on the cards. The future looks bleak and most have no idea what to do or how they should deal with the situation. Whilst it…
The D Word: What are your options?
For many people this comes completely out of the blue and the news that their marriage is at an end is absolutely devastating. They haven’t a clue what to do next and the thought of separating from their spouse is terrifying. They have often also heard horror stories about how expensive and acrimonious a divorce…