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Family Law Blog

"I thought we were dealing with this amicably..." - How amicability can be used as a stick in divorce financial matters

Neil Denny
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Something is going on I am being inundated with the following new client enquiry. Client : Hello, I'd like some information please about financial orders and clean breaks. Solicitor : What is the situation? Client :  We have separated and...

Melania Trump renegotiates her pre-nuptial agreement... should you?

Neil Denny
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Vanity Fair recently reported that Melania Trump has renegotiated her pre-nuptial agreement (we'll call them pre-nups) with Donald Trump as a result of his various legal woes. Her actions should be seen as a timely reminder that pre-nups need to be...

Tax changes give breathing space to divorcing couples

Liz Graham
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Alongside all the challenges, there is at least some good news, with a valuable change in the way divorcing couples are taxed.  Since April 2023 there has been a new timetable on capital gains tax reliefs when couples break up. While together,...

The highs and lows of blame-free digital divorce

Liz Graham
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Divorce applications rose by 20 per cent in the year following the introduction of no-fault divorce, according to figures from the Ministry for Justice. But while the headline process may be easier, couples going through the legal stage of break-up are...

Will the divorce court treat a successful business owner's contributions as special?

Neil Denny
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Special Contributions Divorcing business owners often, and quite naturally, want their greater financial contribution to the family pot to be taken into account when it comes to sharing matrimonial capital.  It can be very difficult to succeed in such...

Christmas expected to hit couples hard

Liz Graham
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Tough economic conditions and spiralling costs are expected to add to the pressure on couples facing the Christmas period. The new year often brings news of the unhappy couples who have decided to call time on their relationships, leading to so-called ...

How to get divorced in a recession

Neil Denny
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Many people will be wondering what a recession will mean for their future plans.  Some will be reconsidering whether to move house or extend their home. Others will be debating whether to go ahead with that expensive holiday next year or upgrade the...

The limited company in divorce - does post separation wealth have to be shared?

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Directors often assert that post-separation business income and wealth generation is a result of their own efforts and should therefore be protected from being shared with other matrimonial assets. The recent judgement in DE v FE EWFC 71 [2022] ...

Taking positive action in tricky times

Liz Graham
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When the chips are down and divorce is the only card left to play, tax planning is unlikely to be top of the list for many couples.  But failing to transfer assets at the right time may result in unexpected charges for capital gains tax, eating into...

Financial abuse: What it is?

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Domestic abuse is not just physical and psychological harm – it also includes financial harm. Financial abuse is the use or misuse of finances to exert control over a victim now and in the future, restricting their freedom and dignity. It is...

A legal guide to life after divorce

Liz Graham
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If you have recently divorced, you may be trying to come to terms with what happens next. Going through the divorce process can be challenging, and even after you have come to an agreement in relation to financial issues, there may still be matters left...

How to get a Divorce with the new rules

Neil Denny
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The Law governing how to get a divorce changes on 6 April 2022.  The rules have been changed to avoid conflict and simplify the divorce process.  The headline change is that all you have to do to qualify for a divorce is to tick a box on the...

Chattertons strengthens Family team with Partner hire

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Chattertons Solicitors & Wealth Management are delighted to announce the appointment of family lawyer Neil Denny as Partner in the Family Law department, based at our Lincoln office. Neil brings with him over 20 years of experience as a family...

No Fault Divorce to Start from April 2022

Liz Graham
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Divorce is never easy, and for many, it can be made even more stressful by having to give a reason why one of spouses is to blame for the divorce (such as adultery or unreasonable behaviour). However, from April 2022, divorce law is changing. Soon,...

NEW FREE PARENTING GUIDE OFFERED TO SEPARATING FAMILIES

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Chattertons Family Law team are offering parents a free digital guide that contains advice and information to help them put children first during a separation or divorce. The Parenting Through Separation Guide is written by family professionals and...

Chattertons Family law team

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We are delighted to announce Luanne Morton – Family law solicitor, who deals with family law matters at our Newark office , will also now be on hand to lend her expertise on a wide range of family law matters at Chattertons' Lincoln office...

Family Breakdown - who comes first?

Liz Graham
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Where disputes arise between separated parents about the arrangements for children following the breakdown of a relationship feelings can run high and parents experiencing the turmoil of separation are often faced with conflicting emotions about what is...

What is Legal Aid funding?

Liz Graham
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Legal Aid is a type of government funding that can be used to help cover the cost of receiving legal advice.  Chattertons do not take on Legal Aid cases , however, there are firms that do and a quick internet search should point you in their direction....

Are you struggling to maintain your relationship with your grandchild or grandchildren?

Claire Smith
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Here at Chattertons we understand that the COVID-19 pandemic may have severely impacted upon all your relationships with family and friends, but perhaps more so adversely affected your relationships with your grandchildren, whilst you have been trying to...

Chattertons new look Family Law team

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Chattertons are proud to reveal our new look family law team, who will be on hand to lend their expertise on a wide range of family law matters from our offices in Boston , Bourne , Grantham , Horncastle , Lincoln , London , Newark , Sleaford , ...

How cryptocurrency can fuel asset concealment in divorce

Liz Graham
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Divorce professionals are reporting that cryptocurrencies are fuelling a new trend of asset concealment when couples part.  While offshore trusts and investments are well-known as tools used by the wealthy looking to hide assets, the increasing appeal...

Divorce - where are we now?

Liz Graham
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As the law currently stands there is one ground for divorce, which is that the marriage has irretrievably broken down.  This must be supported by one of five facts: Unreasonable behaviour. Adultery. Desertion. 2 years separation by consent. 5...

What if my partner objects to our child being vaccinated?

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With the COVID-19 vaccine being quickly rolled out across the UK, there are concerns among some about the long-term impact and side effects of the vaccine. As a result, some are reluctant to get the vaccine themselves or let their children be vaccinated. The...

Covid-19 Vaccinations and Children

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With over 18's now able to access their Covid-19 vaccination the issue of vaccinating children has become ever more present, but what happens when parents are unable to agree on whether or not to consent to their child or children receiving the...

What amicable partners need to know about the upcoming changes to divorce law

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Reforms to divorce law are imminent and it has just been announced will come into force on 6 April 2022. As lockdowns lift it is also anticipated that we may see a spike in divorces – where the stagnation of Covid-19 delayed unhappy couples from...

Considering divorce? How a Fixed Fee meeting could benefit you

Liz Graham
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A separation can be a tough time for anyone, but where do you start if you are considering divorce proceedings, or have been served with a divorce petition by your partner, or you are struggling to agree on the best arrangements for your children and are...

Why do you need a cohabitation agreement?

Liz Graham
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If you live with your partner, or considering moving in together, you may have thought about a cohabitation agreement . But do you actually need one? There is, of course, no legal requirement to have a cohabitation agreement to live with a partner, but it...

Nonpayment of child maintenance: What happens if a parent doesn't pay?

Liz Graham
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Under a child maintenance arrangement, child maintenance is usually paid by the parent who does not have day-to-day care of the child or does not usually live with the child. If this payment is not forthcoming, the receiving parent could launch a civil legal...

Pensions and divorce following Brexit

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The end of the Brexit transition period has had well-publicised effects on divorce for international couples, with changes in rules regarding where parties can get divorced.   Impact of Brexit on pensions in a divorce Pensions are frequently...

Spring Budget 2021 - domestic abuse support

Liz Graham
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The Chancellor has announced a range of measures to support the victims of domestic abuse in the Budget. Mr Sunak announced that there would be an extra £19 million spent to help victims of domestic violence as he recognised that abuse is one of the...

Forewarned is Forearmed When Setting Up a Family Business

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Family businesses are often described as the lifeblood of the economy  and while many are hugely successful, running a business with a relative is not always plain sailing. Relationships can quickly sour, especially when money and livelihoods are at...

Are pension reforms behind an increase in "Silver Separators"

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In England and Wales, divorce was in decline between 2005 and 2015. The most recent 10 years of data available from the ONS showed a 28% fall in the number of divorces in that decade. However, older people were seen to be bucking the trend. In the same...

Interim Maintenance

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Separating from your spouse can be a difficult time emotionally, however it can also cause a great deal of financial difficulty if one party is the 'breadwinner'. It can take considerable time to resolve financial matters on a final basis so what can...

Protecting your business on divorce

Liz Graham
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There is no doubt that the one of the results of lockdown has been the pressure that it has put on families and relationships, and for some those pressures have become so intense that they have lead to separation or divorce.  The effect on the family of...

Divorce for same sex married couples rise in 2019

Liz Graham
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Same-sex couples have been able to marry in England and Wales from March 2014. Since then, the number of divorces of same-sex couples has increased each year from very small numbers in 2015 to more than 800 in 2019.  This reflects the increasing size of...

Good Divorce Week 2020

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The 30 th November 2020 sees the start of the annual Good Divorce Week. Each year Resolution raises awareness of their members and the work that they do while upholding the Resolution Code of Practice. Resolution is a community of family justice...

Child Arrangements

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When parents separate arrangements inevitably need to be made to enable the children to maintain a good relationship with each parent. There are different ways that this can be done. Arrangements can be made informally between the parents if they each agree...

Coercive and controlling behaviour, what can you do about it?

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Throughout the Coronavirus pandemic there has been a global surge in reports of domestic abuse, there has been a marked increase in calls to helplines and evidence suggests that the incidents are becoming more complex and serious. Not only have there been...

Virus transmission spike is matched by divorce advice spike

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There are concerns that the latest spike in coronavirus transmissions may see more relationships taking a hit, after a surge in divorce enquiries following the nationwide lockdown.   Back to school traditionally sees a peak in petitions for...

Covid-19 Self-Isolation and Child Arrangements

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Many people are now facing the prospect of having to self-isolate for 14 days upon their return from foreign travel. For separated parents who are travelling with children this may create additional difficulties where the other parent has remained in the UK....

Domestic violence - it can happen to anyone

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Domestic violence, also called domestic abuse , includes physical, emotional and sexual abuse in relationships or between family members.  The issue of Domestic Violence has come to the fore in the press following the restrictions imposed as a result...

Family court hearings - how do they work in the Covid-19 world and will this be how things remain in the future?

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The COVID-19 outbreak has required organisations all over the world to adapt to new ways of working. Our family courts are in the same position and, as an essential service, they must adopt modern technology to continue to function. If you need to attend a...

A welcome change to divorce proceeding

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The Divorce, Dissolution and Separation Bill made its way through the final stage of parliament last week. On the 17 th June the Bill was passed in the House of Commons following its third reading. The changes to be implemented by the Bill have long been...

BY YOUR SIDE

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            Here at Chattertons we understand that the COVID-19 pandemic shall have only served to intensify any cracks in your relationships and any disagreements regarding the care of your children. We appreciate...

COVID-19 Office Closure

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COVID-19 CLIENT NOTICE Chattertons are open and we are working hard to provide our usual high standard of service to our clients. We are now able to see clients for essential meetings, by appointment only.   Most of our advisors are working...

Coronavirus COVID-19 Chattertons Update

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Chattertons Solicitors  are open for business.  However we are following government recommendations and would encourage you not to visit any of our offices except by prior arrangement. We are closely monitoring the developments of COVID-19 and are...

Why should you have a Pre-Nuptial Agreement?

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The Split: Pre-Nuptial Agreements are not just for high profile cases Currently airing on BBC at the moment is TV drama "The Split".  Featuring in the show are Fi and Richie Hansen, a rich and famous celebrity couple who entered into a...

A step in the right direction to end the decade

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Like many others, I very much welcomed the news that the first heterosexual couple; Rebecca Steinfeld and Charles Keidan, had entered into a civil partnership following last year's ruling by the Supreme Court. After a five year struggle, the ruling led...

'Pay as you go' family legal advice - 'unbundled or limited retainers'

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‘Pay as you go’ family legal advice - ‘unbundled or limited retainers’ Here at Chattertons we appreciate that not all of our clients have funds readily available to instruct us to go on record as acting for them in connection with...

Thinking about living together?

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According to the Office for National Statistics in 2017 there were 3.3 million cohabitating families in the United Kingdom and is it anticipated that these figures will rise.  The law does not give cohabitees the same rights as married couples and...

The end of the 'blame game'

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The Divorce, Dissolution and Separation Bill received its first reading on 13 June.  It will receive its second reading on a date to be announced. The Bill will establish 'no fault' divorce, which is something that campaigners have lobbied...

No Fault Divorces

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What is a no-fault divorce? January and the aftermath of the festive season can, unfortunately, be a peak time for divorce petitions. And there’s arguably more interest than usual this year. That's because the government has now completed a...

When are you off the hook? Financial claims can still be made years after Divorce proceedings.

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Many people may be lulled into a false sense of security after they obtain a Divorce from their spouse. Few realise that unless divorcing parties obtain a Financial Order from the Court, financial claims remain open against them. For that reason, it is...

International Surrogacy - what prospective parents need to know (part 3)

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International surrogacy arrangements have received very bad press in recent times. The proliferation of stories involving immigration complications, debates over exploitation and lengthy delays in establishing parentage, may have resulted in would-be parents...

International Surrogacy - what prospective parents need to know (part 2)

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International surrogacy arrangements have received very bad press in recent times. The proliferation of stories involving immigration complications, debates over exploitation and lengthy delays in establishing parentage, may have resulted in would-be parents...

International Surrogacy - what prospective parents need to know (Part 1)

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International surrogacy arrangements have received very bad press in recent times. The proliferation of stories involving immigration complications, debates over exploitation and lengthy delays in establishing parentage, may have resulted in would-be parents...

Findings of review into Sharia law and divorce are released by Home Office

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The Home Office has recently published the results of its review into the use of Sharia law in England and Wales. The review has been prepared by a panel of experts (which includes family lawyers) and has examined the interplay between religious marriages...

Child Maintenance - CMS or the Court?

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Sadly, relationship breakdown affects not only the couple breaking up, but also any children of the family, whether they are natural children, adopted or step-children. Whilst most separating couples agree that their priority is their children’s...

Parental Alienation: Courts may take children away from parents who badmouth the other

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The term “Parental Alienation” is now firmly on the Family Court’s radar and tough new measures are planned to combat it. Parental alienation refers to a process where one parent attempts to turn a child against the other, usually with the...

Domestic Abuse - does the Court's new guidance go far enough in protecting children?

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In October 2017, important changes were made to the Family Court’s guidance for children cases where domestic abuse has been alleged. The guidance was issued after widespread criticism that the family courts were not going far enough to protect the...

Female Genital Mutilation - How are the Courts protecting children?

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The horrifying crime of Female Genital Mutilation (or “FGM”) has been back in the spotlight recently. A channel 4 documentary, “The FGM Detectives”, has been following the work of a Bristol based detective chief inspector and her...

Cohabitation agreements

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In this article Lauren Kelly, solicitor with Chattertons Solicitors, looks at why living together rather than marrying raises particular legal issues, and why a properly drafted agreement is vital to protect the interests of people in a cohabiting...

Relationship Breakdown, Children and Court Applications

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Many parents worry about the impact of divorce or separation on their children, but the impact is often exacerbated when the parents are unable to agree arrangements for the children and one parent ends up seeing much less of their offspring than prior to...

What an Agreement is ...... and is not

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The impact of the end of a relationship, whether through separation or divorce, can cause stress for all involved, especially if disputes arise that seem intractable. Nevertheless it is vitally important to remember that the fundamental aim is to resolve the...

Do we need to see a change to current divorce laws?

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Separation and divorce are undoubtedly difficult and a time of heartache and conflict, even for couples who have mutually agreed that their marriage is over.  Families have many practical things to deal with, such as minimising the impact on any...

BEHIND THE SCENES OF DIVORCE: WHOSE NAMES SHOULD BE RECORDED ON A MARRIAGE CERTIFICATE?

Liz Graham
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For most lawyers acting for couples in divorce, the marriage certificate is a necessary document that must be presented to the Court when filing the divorce petition. Many people are surprised to see that at present only the names of the fathers of the bride...

Pensions and divorce: do you know your rights?

Liz Graham
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For many couples involved in divorce proceedings the parties’ pension provision can form a very significant asset of the marriage.  The Pensions Advisory Service (TPAS) has reviewed its online website content on pensions and divorce, and has...

Reaching a legal agreement after divorce: time is of the essence

Liz Graham
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Delay need not mean that your ex-spouse cannot bring a claim against you in respect of the finances of the marriage. The Court of Appeal has dismissed an appeal by a husband in which he claimed, amongst other matters, that the trial judge had failed to have...

Appeal Judges Lift an Order Protecting Parties' Anonymity

Liz Graham
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The Court of Appeal recently rejected an application for a reporting restriction order by a former wife involved in financial remedy proceedings against her husband. Tina Norman had claimed that her financial affairs were "private business" and...

COHABITATION LAW IS FAILING 3.3 MILLION FAMILIES

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According to Resolution, figures recently published by the Office for National Statistics (ONS) show that the current law is failing cohabiting families. Resolution, an organisation of 6,500 family lawyers committed to the constructive resolution of family...

Jolie v Pitt and the 'No Fault Divorce'

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The news that Angelina Jolie has filed for divorce from her husband, Brad Pitt has caused a media storm with newspapers and gossip magazines eager to report on all the gory details of the reasons for the split of the Hollywood couple. However, because...

The meaning of Parental Alienation

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The Guardian newspaper has recently reported on the success of a new government funded initiative by the Children and Family Court Advisory and Support Service (Cafcass) and the Tavistock Centre for Couple Counselling to support parents affected by what is...

What is Parental Responsibility and do I have it?

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What is Parental Responsibility and do I have it? Many parents consult us about what is meant by the phrase Parental Responsibility.  Parental Responsibility (PR) is defined under the Children Act 1989 as “All the rights, duties, powers,...

Summer holidays approaching... Permission to take children abroad?

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The summer holidays are almost upon us, and many parents consult us in relation to what they can or cannot do in relation to taking their children on holiday. If there is no Order in place the consent of all those with parental responsibility is required...

Family Solicitor joins Newark team

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Local legal firm, Chattertons, is pleased to welcome Sameena Alladin to their Family Department . She has recently joined the Firm after Chattertons acquired the practice of Henry Thompson & Sons (Grantham) in March. Sameena is based at the Firm’s...

Silver Splitters Separation Stats Soaring

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Recent divorce statistics provided by the Office for National Statistics (ONS) shows rates for divorcing couples in aged 60 and above have significantly increased since the 1990s. In fact, according to the ONS, for people aged 60 and...

Pre-Nups - Definitely Maybe?

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Family Law Solicitors Nick Robertshaw reflects on a well prepared pre-nuptial agreement. Celebrity divorces are not often out of the news, but two recent cases caught my eye, not only because of who was involved, but also because they seemed to highlight...

Landmark divorce ruling could trigger increase in financial claims

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Were all financial matters resolved when you divorced? In a recent landmark ruling a woman whose marriage broke down more than 30 years ago has won the right to the seek payments from her ex-husband. The case highlights the importance of obtaining a...

Living with a partner

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Many people think that if you live with a partner for a couple of years you acquire the same rights as married couples. In fact, unmarried couples have hardly any automatic rights at all. A  Living Together or Cohabitation Agreement  can be used...