In June, the Family Court was asked to deal with the decision as to whether a child should continue to live with her father, or move to live with her mother instead. The court decided that the child should live…
Your spouse has ignored the court order? Use a judgment summons.
The High Court recently dealt with a non-paying husband and father, imposing a suspended sentence of 14 days of imprisonment, after he refused to pay the amount he had previously agreed to pay in child maintenance and towards legal fees.…
Can spousal maintenance increase automatically?
There is an element of “crystal ball gazing” when determining any spousal maintenance order. A court may have to decide upon a person’s likely future earning capacity, and estimate the income needs of two parties. The Court of Appeal however…
5 myths about spousal maintenance debunked
We would like to tackle five common myths about spousal maintenance for you: My spousal maintenance payments are fixed for life Spousal maintenance is variable. Either party can apply to the court to vary the amount that is to be paid…
Do I need a solicitor to draw up my financial agreement or draft consent order
This question was answered by the Court of Appeal this month. When you reach a financial agreement with your spouse, you are likely to want this agreement to be converted into a binding court order, so that both parties will…
School fees, spousal maintenance and divorce
If your children are attending privately paying schools, and you are negotiating a financial settlement on divorce, there will need to be a decision reached on how these fees are going to be paid. In a recent financial case before…
Which judge will hear my family law case?
The answer to this question depends on the type of case which is heard by the court. If you are making an application in relation to children, the court will allocate your case to an appropriate level of judge when…
What is a Xydhias Agreement?
A Xydhias agreement is an agreement reached between you and your spouse in relation to your financial arrangements on divorce, which is not yet a court order, but which you have been bound to. What happens if you and your…
How do I change a child arrangements order?
The issue of how to deal with parents who are raising children together but are unable to communicate or spend time with each other has been dealt with in a recent case* in Cambridge. The case deals with two boys,…
Does unreasonable behaviour affect the financial settlement in a divorce?
We are often asked whether a spouse’s bad behaviour will make any difference to a financial settlement during divorce. A case* recently came before the Family Court in which it had to decide whether the Husband’s excessive spending should result…