Articles on Family Law
Court Proceedings (existing and new) and Family Law cases The court system is still functioning and there is strong public interest in keeping the family justice system working during the Coronavirus pandemic. Most hearings can be dealt with by telephone or video conferencing and cases can continue to be progressed by email between Solicitors and their clients. In some situations, … Read More
In November of last year I wrote asking whether it was time to change the outdated divorce laws (in place since 1973) in England and Wales, by introducing “No Fault” Divorces. Many think the current fault-based divorce system exacerbates stress and tension at an already highly stressful time. There were concerns that it exposed children to the damaging impact of … Read More
The definition of “family” is changing. It used to be the nuclear unit of husband, wife and 2.4 children. Although the divorce rate has been going down recently, numbers of cohabitants are rising. And the belief you can be a “common law” husband or wife still exists, despite it being a myth. So what constitutes a family and is this … Read More
Major reform to our Divorce laws could follow in the wake of a recent high-profile Divorce case. The government has said it is already “looking closely” at reforms to the Divorce system after the Supreme Court in the case of Owens v Owens ruled that a 68-year-old woman must remain married to her Husband. Mr and Mrs Owens married in … Read More
On 15 September, the Justice Secretary David Gauke announced plans to introduce no fault divorce. The plans, set out in a consultation which runs until 10 December, would remove the need for couples to have been separated or to allege ‘fault’ in the divorce petition. Instead, there would be a new notification process where one, or possibly both parties, can … Read More
Women going through divorce could be missing out on up to £5 billion every year because they don’t discuss pensions when dividing up the assets of the marriage. Pensions are often the second largest matrimonial asset after the matrimonial home. Whilst the ability to share in a spouse’s pension has been available to divorcing couples for nearly 20 years, all … Read More
Millions of unmarried couples living together are unaware that they are at severe financial risk as a result of the current legal system, Resolution has warned. A poll of over 2,000 British adults, conducted by ComRes and commissioned by Resolution, to mark Cohabitation Awareness Week, has highlighted the misunderstanding of many cohabiting couples of the law in this area. The … Read More
Pre-nuptial agreements (known also as pre-marital agreements) were once considered by many to only be the preserve of the rich and famous. Times have changed and they are becoming more and more popular for ordinary couples and now form a key part of financial planning. For years these types of agreements were given very little weight in decisions made by … Read More
Nearly one in five couples in the UK now chooses to cohabit rather than marry. Figures from the Office for National Statistics have revealed that cohabiting couples are now the fastest growing family type in the UK, with 3.3m families documented in 2016 – more than double the 1.5m recorded in 1996. Most of the public are however unaware of … Read More
MPs have been urged to give serious consideration to changes in divorce laws, which have been floated a number of times in the past but never passed beyond the discussion stage. Backbench MP Richard Bacon is spearheading efforts for significant reforms, which would enable couples to divorce purely on the basis that both parties agree that their marriage has irreconcilably … Read More
For babies born on or after 5 April 2015, eligible parents are able to choose how to share the care of their child in the first year after birth (or adoption). The existing system (which remains valid for babies born up to 4 April 2015) allows parents to share leave to a certain extent, but the new system allows for … Read More
Morrish Solicitors are holding a raffle to raise funds for our Charity of the Year, the Alzheimer’s Society. There are many great prizes to be won, including: 1 night’s B&B Queens Hotel, Leeds 2 Paolo Nutini tickets – Millenium Square, Leeds (19 June) 1 night’s B&B Park Plaza Hotel Kindle 2 tickets to show of choice at West Yorkshire Playhouse … Read More
Today sees the launch of the Resolution Manifesto for Family Law, setting out what needs to change in the family justice system in order to improve the lives of separating and separated families across England and Wales. Resolution’s Manifesto for Family Law sets out what the next government should do in order to improve the lives of separating and separated families … Read More
Resolution’s third Family Dispute Resolution week takes place this week. This awareness-raising week aims to highlight the alternatives to court for separating couples and their families. The national body for family lawyers, Resolution, has 6,500 members who are family lawyers and other professionals committed to the constructive resolution of family disputes. Members follow a Code of Practice that promotes a … Read More
When nurse James Thorp needed lifetime power of attorney (LPA) to help his elderly parents – whose physical and mental health was deteriorating – he contacted their solicitor. Now, he is backing a Law Society campaign to promote the work of solicitors. As more and more people are diagnosed with dementia, and with an ageing population, many people have elderly relatives to … Read More
The Court of Protection is probably an institution that many people won’t have heard about. It is a Court based in London which helps to look after individuals who lack the capacity to make decisions for themselves. Someone loses their mental capacity in a variety of ways. The most common of these is when an elderly client is suffering from … Read More
We will be taking part in the 10k Memory Walk in support of Alzheimer’s Society on 6 September at Roundhay Park, Leeds. It’s sure to be a great day for the whole family and will be raising money for a fantastic cause – raising awareness and much-needed funds for local people living in the area with dementia, their families and … Read More
1. There were 13 Divorces an hour in England and Wales in 2012. 2. Legally there is only one ground for Divorce; that the marriage had broken down irretrievably. This can be proved by one of five ways: adultery, unreasonable behaviour, desertion, two years separation with the consent of the other spouse or five years separation without the need for … Read More
April saw the introduction of the much anticipated Children and Families Act 2014. Section 10 of the act now governs how applications to court for private children issues and financial applications following divorce and breakdown of civil partnerships are to be dealt with. As a result of these changes any individual wishing to issue an application to court in relation … Read More
Next week – 25 to 29 November 2013 – is National Family Dispute Resolution Week, which is designed to make the public aware of the alternatives to court for separation and divorce. This is run by Resolution, a national body of family lawyers who promote the use of alternative dispute resolution and the practice of amicable family law proceedings. As … Read More
A business tycoon who lied about his wealth in a £1.8m divorce settlement has been told he may have to pay more after a judge ruled couples have a duty to tell each other the truth when striking deals. The man, who was referred to as a “master of the half-truth,” had lied to his wife about the success of … Read More
Noelle Heath, who has been qualified for over 15 years and worked as a family solicitor at Morrish Solicitors in Leeds, has recently qualified as a family mediator under the Resolution scheme. Originally set-up in 1999, the scheme is designed to help people who are facing family breakdown to make an informed choice when deciding which lawyer to appoint. To … Read More
In the UK today 66% of divorced women rely on state pensions following retirement. A recent study commissioned by the Phoenix group has found that after divorce one in five women stops paying in to a pension altogether. The research also revealed that two in five divorced women say they are worse off financially after divorce. Additionally, half of divorced … Read More
The right of both divorced fathers and mothers to see their children is to be enshrined in law for the first time as part of changes to family justice. In a consultation paper the government will propose amending the law to explicitly recognise the importance of children having a relationship with both parents after separation. According to the government, studies … Read More
The right of both divorced fathers and mothers to see their children is to be enshrined in law for the first time as part of changes to family justice. In a consultation paper the government will propose amending the law to explicitly recognise the importance of children having a relationship with both parents after separation. According to the government, studies … Read More
Proposals to change the culture of family courts and speed up cases in England and Wales have been published. The plans include a single family court run by judges and magistrates to replace the current system where judges sit in multiple court buildings. The recommendations by Mr Justice Ryder have been backed by the head of the judiciary, the Lord … Read More
