The Myth of the ‘Quickie Divorce’
The press love to reference a “quickie divorce,” usually when writing about the latest celebrity marriage to come to an end. Often, the reporting gives a misleading impression – that by virtue of your fame, the path to a divorce is faster and smoother. Here, I look at why this is inaccurate and how effectively…
Immediate Changes to Legal Aid rules for victims of Domestic Abuse
There is welcome news this week with significant amendments to the rules governing Legal Aid in family cases, which in the words of the Vice President of the Law Society ‘make it easier for victims to qualify for legal aid and access essential help and support.’ Tim Burt is a Solicitor in our Family law…
From Cohabitation to Pre-Nups: Legal Considerations Pre-Marriage
For 21st century couples, it’s not just hearts and flowers. They may take a pragmatic approach, considering ways to legally safeguard their positions in a way that their parents’ generation would not. Cohabitation Agreement A Cohabitation Agreement formalises financial arrangements when couples aren’t married and merely choose to live together. It protects assets and how…
National Cohabitation Week: An Expert’s Guide to the Law
The results of a poll commissioned to mark Cohabitation Awareness Week are being reported in the press-and they make interesting reading! Speaking to 2,000 adults, the poll found that nearly two in five British adults (37 per cent) wrongly think that unmarried couples who have lived together for more than two years are classified as…
Female Genital Mutilation Prevention Orders: The Law Explained
Female Genital Mutilation (FGM) is defined by the NHS as a procedure where the female genitals are deliberately cut, injured or changed, but there is no medical reason for this to be done. It is often referred to as female circumcision. The NHS also reports that between April 2016 and March 2017, there were 9,179…
Separating Parents and Child Arrangements: A Helpful Guide
Most separating parents are able to reach an amicable agreement as to decisions relating to their children. If this is not the case, there are options to consider. Lidia Foster is a Solicitor at our Castleford branch, and regularly helps parents in this type of situation. Here, Lidia offers a helpful overview. There is the…
Family Law Services in Pudsey
Providing quality Family law services is crucial at Ison Harrison, and our Pudsey branch is no exception. Nigel Monaghan, who has over 30 years’ experience in dealing with all aspects of Family law, understands how important it can be to obtain early advice from a trustworthy professional. Understanding Family Law At Ison Harrison, we understand…
New Family Law Clinic Launch in Otley
We are pleased to confirm that starting on Friday 19th May, we are holding a Family Law clinic at the Courthouse, Otley. Initially running for seven weeks, the clinic will be held between 12-2pm each Friday afternoon- no appointment is necessary. The clinic will be hosted by Sarah Laughey, Family Solicitor at our Ilkley branch….
Promotion of the Online Court Begins with MOJ Video- ‘Justice Matters’
In March 2017, the Ministry of Justice (MoJ) released a new video entitled “Justice Matters”, to promote and inform viewers about the forthcoming Online Court system. The video, which can be accessed on Youtube, allows for quick viewing time, being just over five minutes in duration. The MoJ is said to have an ‘ambitious vision…
Grandparents’ Legal Rights to See Their Grandchildren: The Facts
In cases of family breakdown, grandparents can play a strong, stabilising role- bringing security, safety and normality for children and also welcome respite for parents. When a family is in turmoil, the relationship that grandparents have with their grandchildren is not always preserved. In such cases a solicitor is able to offer valuable assistance, recognising…
For Richer, For Poorer: Do We Need A Pre-Nuptial Agreement?
It’s fair to say that pre-nuptial agreements very much split opinion. To some, they’re unromantic; to others, they’re a practical safeguard. Essentially, a pre-nuptial agreement is a document signed before a couple marries, typically identifying what happens to their money, property, and possessions if they split up. They’re not just for celebrities. Many people are…
Cohabitation: What Are Your Rights?
In modern society it is increasingly common for couples to prefer to shun the traditional conventions of marriage, and continue happily without the expense and formalities of tying the knot. Often, such couples may have lived together under the mis-apprehension that if they separated they would be in some way protected by virtue of being…
The Benefits of a Civil Partnership for Heterosexual Couples
A campaign to overturn a ban on heterosexual couples being allowed to enter into civil partnerships is thought to have gained considerable ground, despite a recent narrow defeat at the Court of Appeal in January. Rebecca Steinfeld and Charles Keidan have campaigned for three years to gain legal recognition for their seven-year relationship, gaining 72,000…
A Valentine’s Court Appearance and the Concept of a No-Fault Divorce
The press has reported on a rather unusual case which started in the Court of Appeal on February 14th. Tini Owens has been married to her husband Hugh for almost 40 years but issued divorce proceedings last year, on the basis that her marriage had irretrievably broken down. Mr Owens disagreed- and so did the…
Changes to cross-examination in domestic abuse cases
The Guardian reports today that proposals to prevent ex-partners from cross examining victims of domestic abuse have moved forward once again. Recent campaigning has seen the press, womens’ rights groups and victim support groups calling for a change in the law. Presently, someone cannot be cross-examined by their ex-partner in a criminal case- but there…
What Is Collaborative Law?
In the 21st century it is very common to learn from the more brutal approach of the past and find more constructive and collaborative ways to solve problems. Collaborative law is exactly this; an amicable, mature and positive approach to divorce and separation, which takes into account the raw emotions involved and works towards a…
The Unspoken Truth Of Domestic Issues And How We Can Help
Fear is something that surrounds many cases that we witness at Ison Harrison and we frequently see a sense of relief when a client starts talking about their domestic issues and hearing how we can help them. Of course, this means that the client has reached the stage where they feel they can attempt to…
New law on domestic violence
The new law on domestic violence announced recently by the Home Secretary, Theresa May, comes after the government’s consultation earlier this year which sought views on whether the current law on domestic abuse needs to be strengthened to offer better protection to victims. The new offence created is intended to protect victims from “coercive and…
Pre-Nuptial Agreements
At present, although such agreements are increasingly being taken into account by the divorce courts the terms are not always upheld. In each case, the court will consider all of the circumstances including the existence of any pre- or post-nuptial agreement but still retains the ability to depart from the terms of any such agreement…
Woman ‘cannot share’ ex-husband’s fortune 20 years after separation
The couple were married in 1985 and had two children, but divorced six years later. Their combined assets were divided between them, with the wife getting the family home and a property in France, and the husband paying annual child maintenance. However, the agreement was never made into an official court order. The husband then…
Divorces may be set to rise as economy recovers
The survey, carried out by accountancy firm Grant Thornton, found that eight out of 10 lawyers felt that the recession had led to married couples delaying divorce proceedings. The reason is thought to be that many couples simply couldn’t afford to separate because they were under too much financial pressure and uncertainty. Instead they chose…
Father must return his abducted children to their mother.
The case involved a British couple who moved to Canada to start a new life with their two children, aged two and four. They separated within a few months of arriving and the father took the children back to the UK without the mother’s permission. The mother took legal action to have them returned to…
Rise in cross border disputes over children abducted by parents
Figures released in the annual report by the Office for International Family Justice for England and Wales show that there were only three such cases in 2007. The figure rose to 65 in 2008 and then to 253 in 2012. The report says the increase is partly due to the “ever-increasing number of international family…
Woman fails to share in ex-husband’s newly earned riches
Dale Vince and Kathleen Julie Wyatt separated in 1984 when they were both in their early 20s. They divorced in 1992. Mr Vince was penniless at the time but he then went on to become a millionaire after setting up a business creating energy from wind power. In 2011 – 19 years after the divorce…
Father wins appeal over contact with his children
The man had originally been granted supervised contact because it was feared that he might abscond and take the children abroad if there was no supervision. The problem arose when he applied to vary the supervision arrangements. The judge held that the state could not be expected to supervise contact and so the best approach…
Contempt of Court and Divorce
Sanctions for contempt of court can even include jail time as one wealthy divorcee has recently found to the cost of his liberty. Contempt of court in divorce proceedings can arise if there is any interference with the administration of justice such as a violation of or non-compliance with a court order, disruption of the…
Separating Couples: How to maximise your income upon separation
For those going through a divorce or separation it feels like the world has temporarily ended. As well as worrying about what’s going to happen to the house, where you’re going to live and who the children are going to live with, often one of the most worrying things can be how you’re going to…
Divorce settlement acknowledges husband’s extra contribution
The issue arose in a recent case before the High Court. The husband had founded a successful company in the early years of the marriage. Both husband and wife had made a substantial loan to the business and were both receiving repayments at the time of the divorce. The shares in the company were worth…
Separating parents: What are your options?
Imagine therefore, what those parents who are separating have to deal with in addition. They, of course, never imagined when they had children that a separation or divorce would be on the cards. The future looks bleak and most have no idea what to do or how they should deal with the situation. Whilst it…
The D Word: What are your options?
For many people this comes completely out of the blue and the news that their marriage is at an end is absolutely devastating. They haven’t a clue what to do next and the thought of separating from their spouse is terrifying. They have often also heard horror stories about how expensive and acrimonious a divorce…
Warning: Imminent Legal Aid cuts
As from the beginning of April, many areas of family law including advice on a divorce, finances on separation and contact arrangements for children will only be funded on Legal Aid in very limited circumstances. Advice in relation to immigration applications such as visas to enter or remain in the UK for family members, students…
Husband jailed for failing to disclose assets in divorce case
Scot Young says he is bankrupt and penniless but his wife Michelle claims he is a multi-millionaire. He has failed to comply with court orders demanding details about his financial circumstances. The case dates back several years. In 2009, Mr Young was given a six-month suspended sentence for failing to provide financial information. High Court…
Supreme Court to rule on controversial divorce case
The Court of Appeal shocked many lawyers and legal commentators when it ruled in October that Mr Prest did not have to give his former wife £17.5m worth of assets belonging to some of his companies. The issue began in the High Court which highlighted some properties belonging to companies owned by Mr Prest. The…
How legal agreements can help cohabiting couples
Many believe there is such a thing as common law marriage giving them the same legal protection as married couples. Unfortunately for them, this is not true. Cohabiting couples have very few automatic rights and this can cause numerous problems. For example, if your home is in your ex-partner’s name then you will have no…
Family Lawyers shocked by big money divorce case ruling
The decision has shocked many family lawyers and legal commentators. The issue arose earlier this year when the High Court identified some properties belonging to companies owned by Mr Prest. The judge held that Mr Prest was the sole owner of these companies and in sole control of them. It therefore followed that he was…
Sudden rise in court disputes over children
There’s also been an unexpected rise in the divorce rate. The number of court cases involving parental disputes over children had been falling steadily since 2009. However, official Ministry of Justice figures show that between April and June this year, there were 27,204 children involved in family court cases. That was a 14% increase on…
New guide to avoiding conflict in divorce
The guide, Separating Together: Your options for separation and divorce, follows an online poll by Resolution that revealed that 81% of people believe that it’s children who suffer most during a marriage break-up. This is in spite of the fact that 78% said that the children’s interests would be one of their top priorities. The…
Don’t get angry, get a solicitor
The Law Society has begun a hard hitting poster campaign featuring traumatic incidents that can arise out of everyday events such as divorce cases, neighbour disputes and disagreements over wills and probate. The poster relating to disputed inheritance shows an antique sideboard being threatened by a chainsaw; the divorce poster shows a car that has…
Mother prevented from taking her son on holiday abroad
The boy’s father had obtained an order prohibiting the mother from taking him on holiday to Turkey. The mother applied to the court for a review. Her father – the boy’s grandfather – provided evidence that he would not try to persuade her to remain in Turkey. He also said he would do his best…
Judge wants more rights for cohabiting couples
The call from Lady Hale is important because thousands of cohabiting couples are under the illusion that they have the same legal rights as people who are married. It’s a misconception that all too often leads to heartache. It could be that someone lives with their partner for 20 years yet ends up homeless and…
National Acclaim for Parveen Ahmed
Parveen worked for the Citizen’s Advice Bureau for over 10 years during which period she obtained her law degree from the Leeds University in 2002. She secured a training contract with Ison Harrison in 2002/2003 and qualified as a solicitor in 2005 to specialise in family work. She is a member of the Law Society’s…
Cohabitant entitled to a share of former partner’s property
The couple had started living together in 1986 at a farm bought by the man. Theyremained there until their relationship broke down in 1996. However, the partner remained on the farm and used it to run a cattery and kennel business. The couple had two children together. They kept in touch and continued to see…
Surge in number of parents abducting their children
In seven out of ten cases reported to reunite, it was mothers who were responsible for the abductions. The Acting Director of reunite, Alison Shalaby, said: “It isconcerning that we have seen such a large increase in the number of childrenabducted, especially as we know this is just the tip of the iceberg – manycases…
Till turning 60 do us part – divorce in later life
The latest figures show that the overall divorce rate across all age groups fell by 11% between 2007 and 2009. However, the figure for the over-60s rose by 4.2% to 11,507 over the same period. There are probably several reasons for this. People are living longer, more active lives. Many couples find they have grown…
Would you share your lottery winnings with your spouse?
If one hits the jackpot, they may be able to simply walk away without giving the other anything. The case involved a woman who had won £500,000 on the National Lottery. She bought the winning ticket with her own money and without her husband’s knowledge. The couple, who can’t be named for legal reasons, were…
Father faces repeated jail terms if he disobeys court orders
The issue arose following the breakdown of his relationship with the girl’s mother. He was allowed contact with his daughter but that wasn’t enough. In 2009 he abducted her and took her to Pakistan. The girl was then made a ward of court so the father took her to Iran, which has no arrangements with…
When divorcing couples try to ‘hide’ property
The courts, however, are prepared to set aside dubious transfers if it’s shown that they are simply an attempt to prevent a fair divorce settlement being reached. Such a case arose recently in which a husband used a company he owned to buy one of his properties worth up to £800,000. He then transferred the…
Sharp rise in civil partnership ‘divorces’
In 2010, 509 gay couples separated and dissolved their civil partnership. That was a 44% increase on 2009. Civil partnerships came into effect in December 2005. Since then, nearly 50,000 same sex couples have used them to formalise their relationships. More than 6,000 civil partnerships were registered in the UK last year, a slight increase…
Court orders that girl should live with grandmother
The parents had what was described in court as a “tumultuous relationship”. They had left their daughter with her maternal grandmother when she was one and a half years old. They later took her back but the authorities became concerned that they weren’t providing her with adequate care. Proceedings began and during a fact-finding hearing…
Judge wants to reform laws on divorce and cohabitation
Sir Paul Coleridge says an independent commission should be set up to look at ways of reforming the law relating to divorce and cohabitation because family relationships are now “unrecognisable” from 60 years ago when the last review was carried out. Sir Paul, who sits as Mr Justice Coleridge in the High Court, said that…