Common questions
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An Occupation Order is also a type of injunction and regulates who can stay in a property and financial provisions can be made.
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An undertaking is a promise to the court regulating an action. It could be a promise to do something, ie close a bank account, or a promise not to do something. A breach of an undertaking is a very serious matter and is contempt of court.
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Arbitration is a form of alternative dispute resolution like mediation, but it takes place with a qualified arbitrator and they can make decisions that are binding.
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Collaborative law is a process where both parties use trained professionals to resolve their legal dispute without going to court.
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Family law in the UK is the law surrounding family issues such as divorce, children and financial settlements.
Family law areas can include divorce, dissolution, separation, child arrangements (what was called child custody), dealing with financial family disputes, adoption, distribution of assets, domestic violence and contact with your children.
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Mediation is an impartial independent service who can assist you and your ex-partner to make arrangements for your family upon separation.
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This is the legal definition of the responsibilities that parents have over children for example to make decisions about a child's religion or health needs.
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Pension sharing involves dividing the pension pot at the time of divorce and transferring a percentage to the other spouse. On the other hand, pension offsetting allows one spouse to keep the pension while the other receives assets of equivalent value.
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TOLATA stands for Trust of Land and Appointment of Trustees Act 1996 and this is the law that governs property disputes, usually between cohabiting couples but can be used in a variety of different proceedings and set of circumstances.
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Beyond asset division, our solicitors can offer guidance on financial resolutions and connect you with financial and other advisors who can advise on investment strategies to ensure your monetary future remains robust.
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If you have decided that you want to end your marriage or civil partnership, it is a good idea to seek legal advice before doing so, so that you know where you stand and you understand the process. You can get a divorce or dissolution (for civil partnerships) after you have been married or in a civil partnership for 1 year.
Before making your divorce application, you must choose whether to do it on your own or apply jointly with your spouse.
You can apply alone in either of the following situations:
- Your spouse disagrees that you should divorce
- You think your spouse will not cooperate or respond to the court’s notifications
At each stage, you must confirm your intention to continue with the process.
To jointly apply for a divorce with your spouse, both of these conditions must apply:
- Both of you agree that you need a divorce
- You are not at risk of domestic violence
You can apply by post or online. At every stage of the divorce process, both of you must separately confirm your willingness to proceed with the application. If your spouse stops responding, you can continue with the application as an individual applicant.
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You can obtain a Non-Molestation Order or an Occupation Order.
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A Pre-Nuptial Agreement can include provision for various types of assets, such as property/real estate, savings, investments, and even future inheritances. The agreement can be tailored to meet the specific financial circumstances of both parties.
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Cafcass are the Children and Family Court Advisory Support Service and they are professionals who help the courts in children proceedings.
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Deciding what happens with the children in a divorce is called the child arrangements.
These can either be decided between the parents perhaps individually or through solicitors of other dispute resolution such as mediation.
If the parents cannot agree on the child arrangements, the court may have to intervene. If the court decides on the child arrangements including where the child will live, it will consider what is in their best interests, which could include the age of the children, their needs, and preferences where they are old enough.
It will look at how their needs can be met educationally, financially, and emotionally, along with other factors. The court will make arrangements that are in the best interests of the children.
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With international jurisdictions and laws at play, accurate and comprehensive documentation can prevent misunderstandings and legal complications. It is essential to provide detailed evidence of ownership, especially when dealing with foreign properties or investments.
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Credit health can influence your ability to secure loans, buy property, or even establish utilities. If credit was shared during the marriage, so it is crucial to establish one’s own credit history post-divorce/dissolution.
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Where a property is owned as Joint Tenants, by severing this this means the property will then be owned by the parties as Tenants in Common with specific shares.
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Yes, but the claim is typically made against the owner’s home insurance, so it won’t be a personal expense for them.
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Where liability is not in dispute, it is possible to arrange for an interim or early payment for certain losses e.g. loss of earnings. All interim payments are deducted from the final damages award.
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You do not have to make a claim directly to the responsible party. We will take instructions from you as to the circumstances of the accident and the extent of your injuries. We will then submit your claim to the insurers on your behalf setting out your claim.
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You generally have three years from the date of the accident to start a claim. However, exceptions can apply, so contact us for tailored advice.
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You usually have three years from the date of the incident to start a claim. For children, the three-year limit begins on their 18th birthday.
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The length of time varies depending on the complexity of the case. Simple cases can be resolved within 6-12 months, while more serious claims may take longer.