Divorce and Dissolution
If you are taking part in a financial application in a court setting, you will need to complete a Form E as part of that process. This is a lengthy form, requiring detailed information about your financial situation, and asking you to attach significant amounts of documentation in support of your answers. On the front…
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 it is issued. The first hearing of a children case is called a FHDRA (First…
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 spouse have reached an agreement, but one of you subsequently changes your mind about the…
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, aged 7 and 5, who live with their mother, and spend alternate weekends with their…
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 in an add-back. In this context an” add back” is when a court nominally add…
The forms of address for judges vary from court to court, and some of them can seem quite archaic in the modern world. Standard family cases are heard in the County Court or a Magistrates Court, and will either be heard by a District Judge, Circuit Judge or Magistrates. Your case will be allocated by the court to…
One of our clients has kindly agreed to share some prudent advice for anyone considering separating from their spouse, or moving out of the martial home. 1. Change passcodes for your smartphones, tablets, personal computers. 2. Change all your passwords to any social media/email account/iCloud/photostream. You might also consider blocking your spouse from seeing your…
The Supreme Court has today given judgment on the case of Wyatt v Vince, involving a wife and husband divorced 22 years ago. In the intervening years, the Husband has made many millions of pounds in his green energy wind farm business. The Wife now seeks a payment of £1.9 million from him. The Court…
The issue of determining how long spousal maintenance should be paid for was examined by the Court of Appeal recently. The Husband in the case is 59, and an equine surgeon. The Wife, aged 51, cares for the children, and had not worked outside of the home since she was 35. The original financial deal in…
There is no one answer to this question. In a recent High Court case*, we have been reminded that there are many “swirling considerations” which come to bear on determining what the correct level of spousal maintenance should be and which “cannot” be pressed into a formula which provides an answer. At the centre of the…
