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Family Law Blog

 

So many family law pilots... we'll need a holiday!

Franca Webb
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In family law there are often pilots in various areas of the country in effect testing out ideas in the hope that, if they are successful, they will be rolled out nationally to improve aspects of family law.  The Crime and Security Act 2010 brought in...

Wind turbines and Financial Orders

Franca Webb
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Wind turbines and why I always advise clients to obtain a financial order on divorce I have been a solicitor for in excess of 38 years and for approximately 30 of those years I have dealt exclusively with family law matters.  I have met and...

The promotion of non-court dispute resolution.

Gail Strange
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The work lawyers carry out within family law is shaped by guidance and protocol in the first instance – for example, Resolution members adhere to the guiding principle that we deal with cases in a conciliatory and non-confrontational way. Once court...

Mediation Week 2024

Gail Strange
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We are presently in the middle of Mediation Week, which this year runs from 22 to 26 January 2024.  This is an annual event where the benefits of Family Mediation are spotlighted and aims to guide more separated couples towards mediation as a way of...

What protection can I get for domestic abuse?

Stephanie Wells
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Domestic Violence Awareness Month is held each October as a way to unite advocates in an effort to bring an end to Domestic Violence and to raise awareness. The campaign slogan #every1knowssome1 strives to highlight how common domestic violence is and that...

Domestic abuse support in the family court room - IDVAs and ISVAs

Franca Webb
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The changing role of independent domestic violence advocates (IDVAS) and independent sexual violence advisors (ISVAS) in the family court room. In the mid 2000s Independent Domestic Violence Advisors (IDVAs) and Independent Sexual Violence Advisors (ISVAs)...

How Child Maintenance Evolved

Gail Strange
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Child maintenance goes back to the first Elizabethan age, where laws were introduced to punish the parents of children born outside marriage and put the father under extreme pressure to support their child.  This developed over the centuries to allow...

Changes to domestic abuse evidence (gateway evidence)

Franca Webb
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Changes to domestic abuse evidence (gateway evidence) for legal aid for private family matters Since 2012 it has, generally, been a pre-requisite to obtaining legal aid for private family matters that some very specific evidence of domestic abuse...

Domestic Abuse Act 2021 and the Family Courts

Franca Webb
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Four years after the domestic abuse bill was first promised in the Queen’s Speech it finally became law 30 th April 2021. Perhaps the main change in family law is that the Act was to stop the practice of a perpetrator of domestic abuse cross...

Child Maintenance and Domestic Abuse

Franca Webb
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Prior to the Child Support Agency (CSA) and now the Child Maintenance Service (CMS) issues of child maintenance were dealt with via the court.  The main issue in respect of child maintenance was collection of child maintenance which was both costly and...

Pre-nuptial Agreements

Stephanie Bellchambers
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The ultimate unromantic gesture or the ultimate gift? While a ‘prenup’ can be difficult to discuss with your partner and may seem unromantic it's important to understand the benefits of having one and to discuss it openly and honestly. ...

Mediation Week

Gail Strange
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We are presently in the middle of Mediation Week, which this year runs from 16 -20 January 2023.  This is an annual event where the benefits of Family Mediation are spotlighted and aims to guide more separating couples towards mediation as a way of...

International Child Abduction

Katie Hall
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International child abduction – it may not mean what you think and it can affect any family. When we consider the term ‘abduction’, our first thought is often not that the abduction may be by a parent of a child. It may be that one parent...

No-Fault Divorce

Katharine Hetzel
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Can the ethos of no-fault divorce be extended to other aspects of a breakup? The introduction of no-fault divorce earlier in the year provides the ideal opportunity for both clients and lawyers to take a fresh look at how best to deal with the issues...

Good Divorce Week

Gail Strange
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Resolution, an organisation of family lawyers, will be holding their annual “Good Divorce” week this year from 28 November to 2 December.  Resolution was a high profile organisation key in maintaining the impetus for No Fault Divorces which...

What are matrimonial home rights?

Katie Hall
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What are matrimonial home rights, and do I have any? Matrimonial home rights can play a huge part at the very start of dealing with the family assets. Upon marriage, you have a right to live in your home even if the property is not in your name. The...

Childhood covid vaccinations - to vaccinate or not to vaccinate?

Stephanie Bellchambers
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Childhood covid vaccinations – to vaccinate or not to vaccinate? At the weekend I took my eldest child to have his second covid vaccination. I’m open about my choice as to why he should have it – whilst the risk of a child having covid...

Offence of Non-Fatal Strangulation

Franca Webb
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On 7 th June 2022 the criminal offence of non-fatal strangulation was made a specific criminal offence under the Domestic Abuse Act 2021.  Perpetrators of this crime now face up to 5 years in prison.  The practice of non-fatal strangulation is...

But what about the dog?

Gail Strange
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I have had dogs all my adult life, they are a constant and loveable addition to any family, but when I am out walking nowadays I see more and more dogs, particularly since we went into lockdown and thousands of families decided to expand their family with a...

To blame or not to blame - FAQ's on the new no fault divorce

Stephanie Bellchambers
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To blame or not to blame – frequently asked questions on the new no fault divorce I appeared on ExpressFM radio this week to talk about the new no fault divorce which is coming in tomorrow – 6 th April 2022. It’s the biggest shake up in...

No fault divorce update

Gail Strange
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Earlier in the week I was worried that, with the new #nofaultdivorce becoming law on 6 April 2022 and the lack of information being given to practitioners  about the forms and the online divorce platform, we would struggle to be ready despite all the...

"No Fault" Divorce - is it ready?

Gail Strange
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No fault divorce was introduced by the Divorce, Dissolution and Separation Act 2020. Its introduction has been keenly awaited and after several delays it will finally come into force on 6 April 2022. As with all family lawyers, the family team at Biscoes...

Should I wait for the new no-fault divorce?

Katie Hall
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No-fault divorce removes the need to blame a party or wait two years. The no-fault divorce option will be available from April 2022. Although it feels as though we have been waiting for this change for many years, the question we are often asked is,...

How a good family lawyer can give you a good divorce

Gail Strange
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In a divorce there are no winners or losers, but there is such a thing as a GOOD DIVORCE and you can make this happen with the right approach and the right lawyer helping you. Family law can be complicated and whatever your situation it would be sensible...

Is it possible to have a 'good divorce'?

Stephanie Bellchambers
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Is it possible to have a ‘good divorce’? New free parenting guide offered to separating families in Portsmouth, Hampshire & Isle of Wight Stephanie Bellchambers from Biscoes Solicitors is offering the guide for free to local families...

My relationship is ending, should I be talking to a Solicitor?

Katharine Hetzel
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When you think your relationship may be ending, is there anything to be gained by contacting Solicitors? The simple and quick answer to this will most often be yes. I am a true believer in prevention being better than cure and generally it is more cost...

Moving in together during or post lockdown

Stephanie Bellchambers
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There continues to be an ongoing myth that “common law marriage” exists and if you have cohabited with your partner for an extended period of time, then you automatically have the same rights as a married couple (or a couple in a civil...

NO FAULT DIVORCE DELAYED

Franca Webb
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For many years now Resolution (a group of lawyers dedicated to a constructive approach to family breakdown) and others have been campaigning for a ‘No Fault’ Divorce.  For too many years there has been a blame culture which has been used to...

Family Mediation & The New Voucher Scheme

Katharine Hetzel
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Family mediation is a process in which an independent, professionally trained mediator helps parties work out arrangements for children and finances following separation. Mediation can also be helpful when previous child arrangements need to change,...

Why women are dead scared of men

Franca Webb
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As soon as the news of the disappearance of Sarah Everard came on the TV my heart sank as I am sure did most women’s.  It was perhaps just a matter of time before we would hear that this missing woman became one of the three women a week killed by...