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.
Post Frequency: 1/day Last Entry: October 19, 2009 at 11:55:11 Recent Entries: 47
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Can I have a quickie divorce like Madonna and Guy Richie?
Posted on October 19, 2009There 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, 2009If 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, 2009First 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, 2009There 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, 2009Would 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, 2009It 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, 2008If 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, 2008It 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, 2008You 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, 2008If 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, 2008The 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...
The Financial Dispute Resolution Hearing - Making a Financial Application (part 3/5)
Posted on August 01, 2008Show me the money! ? Making a Financial Application (Part 2)
Posted on July 04, 2008The first Court hearing to deal with finances within your Divorce is a Directions Appointment. This means that the Court will decide what needs to be done to move matters forward. The Judge will usually decide by what date you...
Show me the money! ? Making a Financial Application (Part 1)
Posted on June 01, 2008At the same time as your divorce is being finalised you will need to deal with financial matters. If this can be agreed between you then this agreement can simply be set out in a Consent Order which is sent...
Divorce Procedure in Simple Terms (Part 3)
Posted on May 01, 2008The earliest date you can apply for your Decree Absolute is 6 weeks and 1 day from the date of the Decree Nisi. To do so you simply complete an Application form which is filed at Court with a fee...
Divorce Procedure in Simple Terms (Part 2)
Posted on April 01, 2008Once the Petition has been sent to your spouse they will have 14 days to return the completed Acknowledgement of Service form to the Court. If they do so the Court will then send you this form with the Court...
Divorce Procedure in Simple Terms (Part 1)
Posted on March 01, 2008Every undefended Divorce follows the same procedure through the [English Law] Courts and these few Divorce Procedure in Simple Terms articles show the practical steps which should be followed. Once you have decided on a legal reason for the Divorce...
Can I have a "legal separation"?
Posted on February 01, 2008If you don?t want to divorce but have separated you may be wondering about formalising the separation in some way. You may ask, is it possible to have a ?Legal Separation?? The term ?Legal Separation? is not one recognised by...
A longer separation ? how about 5 years?
Posted on January 02, 2008The fifth and final fact which can be used to prove that the marriage has irretrievably broken down is 5 years separation. This means that the parties must have lived separately and apart for more than 5 years. This can...
They left me ? should I go for desertion?
Posted on December 01, 2007I am often told that a husband or wife has simply left a marriage and asked if a divorce could proceed on the basis of ?desertion?. Usually the answer is no. This is because for desertion to be used it...
Two Years Separation ? the quicker option?
Posted on November 01, 2007I am often asked ?Should I wait until I?ve been separated for two years and then I will be automatically divorced??. The answer is that it is not the case that the divorce is automatic. The same paperwork is filed...
Unreasonable Behaviour ? a reasonable alternative?
Posted on October 01, 2007If you wish to start Divorce Proceedings before you have been separated for two years and adultery does not apply then your only option is to use the fact of ?unreasonable behaviour?. Your Petition must demonstrate that the marriage has...
Name and Shame?
Posted on September 01, 2007One of the questions I am frequently asked is ?Can I name other woman (or man) in my Divorce Petition?. My answer is always yes, but... It is understandable that you are going to be very upset and angry if...
Haw can I join with my family who live in the USA?
Only you are allowed to can join your sister....
How to collect a personal loan from a spouse?
You local court will probably have someone to offer you some assistance as you p...
How to make a landlord honor an option to buy provision in the lease (OH)?
Most leases are written as a one year agreement, if neither party elects to form...
I am an only daughter, and my brother will not give me my mothers jewelry that she wanted to go to me . Can I sue to get what is rightfully mine?
It depends on where you are from but generally a written will should be legally ...
Can I sue the executor of my fathers estate?
Get a lawyer. Not one you pay by the hour - a contingency based attorney. If he ...
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Haw can I join with my family who live in the USA?
Only you are allowed to can join your sister....
How to collect a personal loan from a spouse?
You local court will probably have someone to offer you some assistance as you p...
How to make a landlord honor an option to buy provision in the lease (OH)?
Most leases are written as a one year agreement, if neither party elects to form...
I am an only daughter, and my brother will not give me my mothers jewelry that she wanted to go to me . Can I sue to get what is rightfully mine?
It depends on where you are from but generally a written will should be legally ...
Can I sue the executor of my fathers estate?
Get a lawyer. Not one you pay by the hour - a contingency based attorney. If he ...
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