Ketley Miller Joels Solicitors
Blog

Ketley Miller Joels Solicitors
Blog

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…

Divorce and Children: Child Maintenance Options for Divorcing Parents

When you’re going through a divorce with children, arranging child maintenance is an important step. Find out about your child maintenance options. Getting a divorce is a big step in any person’s life. While some couples choose to stay together and work through their problems for the sake of the kids, in many other situations, it’s much more beneficial to separate. However, arranging child maintenance is crucial — parents are required to pay as a minimum towards the upbringing of any children aged up to 16. In this post, we look at the child maintenance options for parents in the…

Parental Alienation Definition: What Is It and How Do You Stop Parental Alienation?

Whether you’re in the process of getting a divorce or you’ve been separated from your partner for a while, parental alienation is a difficult experience to endure. But what exactly is it? We look at the definition of parental alienation and how to stop it. Experiencing the breakdown of a relationship is difficult enough alone, but when there are children involved, it can be especially challenging. All parents want what’s best for their children, and many aim to come to an arrangement as amicably as possible to prevent their children from experiencing additional and unnecessary stress. The child has a…