Ketley Miller Joels Solicitors
Blog

Ketley Miller Joels Solicitors
Blog

International Child Abduction in the UK

The most common type of child abduction is parental abduction, which according to recent figures, has increased by 88% over the previous decade. Back in 2012,  Daisy Organ, head of the Foreign Office Child Abduction section, said, “The increase in parental child abduction cases is a major cause for concern, particularly in the lead up to the school holidays.” Worryingly, these figures have only seemed to continue climbing , with 1,189 parental abduction cases recorded in 2017/18 — the highest number recorded over the 16-year period. We explain what constitutes international child abduction in the UK, what doesn’t and what…

Not Married with Children: What Happens after Separation?

According to the latest Office of National Statistics (ONS) data, released in 2017, cohabiting couple families were the fastest growing family type in the UK. Of the 3.3 million cohabiting couples, over 1.2 million of these include dependent children. Cohabitation — an arrangement whereby a couple lives together without being married — is becoming increasingly common, however, it’s a divorce myth that English law offers unmarried couples the same rights and claims as married couples after separation. That being said, when there are children involved, the law does offer some protection. The Children’s Act 1989 Under Schedule 1 of the…

Inheritance and Divorce: Can Your Spouse Take Your Inheritance?

When a couple marries, many solely owned assets (or pre-acquired assets) will change in nature and may become treated as joint assets. These so-called matrimonial assets can then be contested in the event of a divorce, with both parties claiming a right to a share. As a result, many people are concerned about whether a spouse can take a share of inherited assets. We explore the reality of inheritance and divorce. Can Your Spouse Take Your Inheritance? In most cases, inheritance acquired during the marriage would be considered a matrimonial asset, meaning that it forms part of the “joint pot”…

How Long Does it Take to Obtain a Divorce?

For most people, divorce is a stressful and difficult time, making the prospect of a quick resolution very appealing. Divorce proceedings themselves (initiated by way of a divorce Petition) has largely become an administrative process, which does not require the parties to attend court. This is except in relatively narrow circumstances where the other party may decide to defend and/or refuse to agree to a Petition. In simple terms, obtaining a divorce in effect gives both parties the right to remarry. However, the finalisation of the process (which is achieved by the Court granting ‘Decree Absolute’) is usually delayed until…

Balancing the Scales – Issues of Conduct and Non-Disclosure

Elizabeth Simos looks at issues of conduct and non-disclosure, and the impact where adverse inferences are drawn in needs cases. This article was first published in the March 2019 edition of the Family Law Journal. Much to the dismay of ‘wronged’ spouses in England and Wales, the courts are, more often than not, hesitant to ‘punish’ parties for their bad behaviour during a marriage when making financial orders on divorce. Case law has long established that the conduct of a spouse will only be considered in exceptional circumstances, where it is ‘gross and obvious’, and usually only in sharing cases…

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