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International Law

Family Law Matters Family Law Matters

Family Law Matters offers articles, information and news on many areas of English Family Law written by Jo Spain experienced Family Solicitor and a founding Partner of SpainWilliams llp.

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Last Entry: March 01, 2011 at 10:02:54

Recent Entries: 58

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My partner has left our jointly owned house but is threatening to come back. Can I stop them by changing the locks?

Posted on March 01, 2011
The simple answer is no. You can't change the locks if the property is in joint names as your partner has a right to live there. However if there is any domestic violence or threatening or intimidating behaviour towards you...


I have heard recently that a lottery winner had to pay millions to his wife even though they were divorced. Why was that?

Posted on January 07, 2011
It is true that a lottery winner was recently ordered to pay £2million to his ex-wife! Having won about £56 million on the lottery, his ex-wife saw the publicity and consulted her Solicitors. It may seem unfair but although they...


Do I have to change my name after I divorce and how do I go about it?

Posted on January 03, 2011
In general (but not always) a woman takes her husband?s surname when she gets married. When you get divorced there is no legal problem in retaining this name and there may be several reasons why you wish to do so....


Do I have to change my name after I divorce and how do I go about it?

Posted on September 20, 2010
In general (but not always) a woman takes her husband?s surname when she gets married. When you get divorced there is no legal problem in retaining this name and there may be several reasons why you wish to do so....


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I have to go to Court for a Directions Appointment to talk about the money side of my divorce. I haven't been in a Court building before ? what should I expect?

Posted on September 17, 2010
First of all forget everything you have seen on TV. Family Law matters are dealt with in the County Court not the Crown Court which is very different. When you go into the Court building you will be directed to...


Is it better to have a Separation or a Divorce?

Posted on June 07, 2010
The answer to this does depend on your personal circumstances and because there are many things to consider then you should definitely see a Solicitor for advice before making your final decision. However the first thing to think about is...


I keep hearing about ?Custody? but I need a "Residence" Order don't I?

Posted on March 17, 2010
A Residence Order is an order made by the Court which confirms that a child is to reside with you. This also means that you are able to take the child out of the country for up to one month...


My wife/husband and I have separated: should I wait to divorce after 2 year's separation or should I start things off now?

Posted on February 23, 2010
This partly depends on whether any of the other reasons for divorce apply now. If you have not been separated for two years then the only way you can divorce earlier is by reason of the other person's adultery or...


My husband/wife has committed adultery. Should I name the other person in the Divorce Petition?

Posted on February 01, 2010
The short answer is that you are allowed to do so but my advice is that you do not. The Divorce Petition is not a public document. It does not hang on the wall of the County Court for all...


My ex has filed a Divorce Petition and the unreasonable behaviour allegations are not true. Should I defend the divorce?

Posted on January 01, 2010
It is very unusual for both parties to agree on why a marriage broke down and there is often a dispute over the allegations of unreasonable behaviour. One option, if you receive a Divorce Petition with allegations which you believe...


I want contact with my children at Christmas, can you sort this out?

Posted on November 24, 2009
The simple answer is yes, but only if you deal with this early enough. The worst thing is to leave it until a couple of weeks before Christmas and then find that it may be too late to do anything....


Can I have a quickie divorce like Madonna and Guy Richie?

Posted on October 19, 2009
There is no such thing as a ?quickie? divorce! This is a complete myth perpetrated by the media and trotted out whenever someone famous is going through divorce proceedings. It seems to suggest that somehow if you are in the...


How long will it take to get divorced?

Posted on September 23, 2009
If a Divorce is straightforward and financial matters are also agreed swiftly then it is usually possible to finalise divorce proceedings in between 3 and 6 months. However, there are many factors that may affect this time-scale. Firstly, if financial...


Can I stop my ex-partner taking our children abroad on holiday?

Posted on September 10, 2009
First of all ask yourself why you want to stop them. Unless there is genuinely a concern for your children's welfare then do you really want to deprive the children of a holiday? It will also inevitably cause bad feeling...


Can I have my marriage annulled if I no longer share a bed with my husband/wife?

Posted on July 01, 2009
There are limited grounds for obtaining an annulment under English Law and one of these is non-consummation of the marriage. However if you have had sexual intercourse with your partner at least once since you married then the marriage has...


Can I get a divorce if I have been married for less than a year?

Posted on June 01, 2009
?I have been married for less than a year but realise I made a mistake. Can I get a divorce?? The answer is no! It is not possible to apply for a divorce in England and Wales until you have...




DIY divorce - why use a family law solicitor? (part 2)

Posted on February 01, 2009
Would I fit a new boiler in my home myself? Would I prepare my own company accounts? Would I attempt to plumb in a new bathroom? The answer is no! I am sure that some people would do these things...



Divorce surge on Monday warns Gazette

Posted on January 09, 2009
It seems that you can't read a mainstream newspaper or news website without finding January's traditional annual news item about surging divorce figures following Christmas, this year given an extra boost by the credit crunch. Now even the Law Society...


DIY divorce - why use a family law solicitor?

Posted on January 01, 2009
?Speedy Divorce? ?DIY Divorce? ? you only need to search on Google to find all sorts of adverts tempting you to do your own divorce rather than instructing a Solicitor.But is this the right way to go? For some people...



Ten tips for finding a family law solicitor

Posted on December 15, 2008
If you have got this far then some of the following tips may be academic, but for the sake of completeness I have included them anyway. Here are a few basic tips to consider when you look for a family...


Top 10 tips for a smoother divorce

Posted on December 05, 2008
It might seem obvious but your divorce can proceed a lot more smoothly if you can maintain an amicable approach. Avoiding financial and emotional fallout is a lot easier if you avoid making your divorce a battle. Yes it takes...


Appealing a Judge's decision in financial proceedings - Making a Financial Application (part 5/5)

Posted on October 01, 2008
You have reached the last Court hearing and the Judge has made a final Order. But what can you do if you are unhappy with this decision?


Show me the money! ? Making a Financial Application (Part 4)

Posted on September 12, 2008
If no agreement can be reached then you will have a final Court hearing so that the Judge may hear evidence from both parties and make a decision as to how assets will be divided. It is usual for both...



Show me the money! ? Making a Financial Application (Part 3)

Posted on August 01, 2008
The second Court hearing is called a Financial Dispute Resolution Hearing. As suggested this is an opportunity to see if the financial dispute can be resolved. You will be told to attend Court an hour before the hearing in order...



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