October 2022 / 16 posts found
Who Gets the Pet After a Divorce?
By John Roberts, Partner and Director We often like to say that ‘A dog is for life,’ however, in the event of a divorce, family law may have a different view on the fate of your fluffy friend. Going through a divorce is difficult enough without the added heartache of delegating the ownership of a beloved family pet. Both parties may wish to keep the pet, but in the nature of separation, this most often isn’t viable. In the event of separation, the division of matrimonial property should be shared fairly between the parties, with all assets and debts split […]
Co-Parenting After Divorce When Your Ex Was Abusive
Source: Brocotton/Pexels In the realm of intimate partner abuse, getting away from one’s abuser usually doesn’t mean being free of abuse when it involves co-parenting children. All too often, the dominant partner in the relationship feels highly threatened by the other partner separating to divorce. In the aftermath, the abusive partner is often angry, even hostile, and abuse can show up in the context of co-parenting. Although less than ideal, parallel parenting with an abusive ex-partner becomes the better solution. Co-Parenting vs. Parallel Parenting In divorce, studies have shown that children benefit from spending at least 35% of their time […]
Can I claim some of my husband’s pension after a 27 year separation?
I have been separated for 27 years. Our marriage lasted 13 years before we separated. My husband took early retirement at the age of 55. That was six years ago. I have never known if I was in the right to claim some of this pension so would just like to ask the question. Would I have to file for divorce? I am 63 and still working and wondering when I come to retire would he then be able to claim some of my pension? Approaching retirement: Can I claim some of my husband’s pension after a 27 year separation, […]
Service of an application for divorce
Please note this content was originally published by Best Practice August 2022. Rules regarding service are complex; they depend both on the document that is being served and on where the respondent is being served. There have also been some recent amendments to the rules, following the introduction of no fault divorce, and our departure from the EU. Regardless, it is crucial to get it right, as non-compliance with the rules can mean that service has not taken place, which can have very serious consequences. This column will focus on the service requirements when serving an application for divorce or […]
Snapshot: civil asset recovery in United Kingdom
Civil asset recovery – jurisdictional issues Parallel proceedings Is there any restriction on civil proceedings progressing in parallel with, or in advance of, criminal proceedings concerning the same subject matter? No, there is no legal restriction on civil proceedings progressing in parallel with, or in advance of, criminal proceedings on the same subject matter. The courts have discretion to stay civil proceedings where there is a real risk of substantial prejudice that could lead to injustice. However, the courts rarely exercise this discretion. In Shiva Ltd v Boyd [2021] EWHC 371 (Admin), the court refused a stay of proceedings and […]