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The short answer: it depends. Both spouses will need to provide full details about their assets and income, with documentation in support e.g. bank statements, pay slips, property valuation, mortgage statements. This is so that the court can...
This is a time of year when families and friends come together for celebration and festivities. Unfortunately, it is also the time of year when cracks within relationships can show themselves. Christmas on the one hand can be a joyous time. On the other...
You may be familiar with the term “Gaslighting” but may not fully understand what this means. Gaslighting is a subtle, yet dangerous form of control and the victim is usually unaware that they are experiencing it. In simple terms it...
Over the last decade, injunctions made under the Family Law Act have increased by around 50%, as the law related to Domestic Abuse has continued to expand. Obviously, there are many cases in which people need the protection of the Court, and an Order is...
Applying for a divorce can be daunting and often clients will voice concerns and doubts about if they are making the right decision. This is all completely understandable and something we regularly talk to clients about this as part of the process. In...
As Rebecca Laffan reported in April of last year, Capital Gains Tax rules for separating couples are changing. Following the Spring Budget, we now know that these rules are coming into force in April 2023. What are the new rules? The new rules are...
The divorce and dissolution process in England and Wales changed on 6th April 2022, allowing couples to divorce or end their civil partnership without blaming the other for the breakdown of the relationship. The new ‘no fault’ system allows...
Although efforts have been made to make the law surrounding divorce and custody disputes, more ‘user friendly’ there are still some terms which can remain a bit of a mystery to non-lawyers! One of those terms is habitual residence. It crops up...
The Final Hearing will usually be the third and final court hearing within financial remedy proceedings. The Judge will make a decision on your financial position and impose a settlement on you and your husband/wife if agreement is not reached. Prior to the...
The introduction of ‘no fault’ divorce in April 2022 is perhaps the biggest shake-up in divorce law for decades. The aim is end the “blame game” and reduce acrimony and hostility which can be made worse under the old regime. Now,...
There is no magical equation or ‘one size fits all’ formula to separating assets on divorce and dividing up the family home is no different. The family home will be treated as a matrimonial asset regardless of whether it is owned in the sole...
One of the most important parts of getting divorce, is reaching a financial settlement. A lot of couples are able to agree this without going to court, but if there are difficulties in achieving this. Perhaps with one person not providing their financial...
Each year, the Office of National Statistics provide updated statistics for divorce rates in the previous year. It was anticipated by the media and many professionals that the strains of lockdown restrictions would see a spike in divorce rates . The Office...
After the country was put into Lockdown in March 2020, the courts in England and Wales had to find a way to make sure they could continue to hear court cases, but at a time when we weren’t able to meet in court buildings. Radical upgrades were made to...
You will often receive correspondence within divorce proceedings or a financial offer marked ‘Without Prejudice’ and you may be wondering what this means. ‘Without Prejudice’ means ‘without loss of any rights’ and the...
Assuming you have a registered marriage, the first question is whether or not you entered into a prenuptial agreement, or subsequent postnuptial agreement. Such agreements are now becoming much more common in a wide range of cases and are not limited to the...
Currently to be able to start your divorce proceedings there needs to be an irretrievable breakdown of the marriage. To prove this the Court must be satisfied that one of the following facts are met. Adultery Unreasonable behaviour Desertion 2 years...
**This article was edited on 27 July 2023 to reflect that the amount of the statutory legacy increased ** The short answer is no; you must act sooner than this. It may be important to create a Will or amend an existing Will to ensure you protect your...
It has been a matter of public record for some time that the Government were considering implementing a system whereby parties could divorce immediately, without the necessity to blame each other. Those of you familiar with the divorce process will be aware...
This depends entirely on where in the divorce proceedings you are. You can change your mind about your divorce and withdraw the proceedings at any point unless your Decree Absolute has been pronounced. If your divorce petition has only just been filed...
Yes, you can change the locks on the house if the property is legally owned in just your name, but not if it is owned jointly with another person. If you own the house with your former partner, then you will need their permission to change the locks and you...
Narcissism is a personality disorder which can be characterised as having an inflated sense of self-importance, a need for admiration and a lack of empathy or inability to recognise the needs and feelings of others. A narcissist’s personality traits...
The Office for National Statistics (ONS) have recently confirmed that divorce rates increased in 2019 to the highest level in 5 years with 107,599 couples divorcing last year. This was attributed to a backlog of divorce cases following the centralisation of...
Family arrangements at Christmas time can increase pressure in relationships that are already volatile and so, sadly, there is usually a spike in domestic abuse reports over the holiday period. Unfortunately, in this pandemic year, many families have been...
As the No Fault Divorce Bill has now passed the final stage and is expected to be implemented in Autumn 2021, it has subsequently brought with it a lot of curiosity from people who are questioning the extent of the impact this change in the law will have...
The media has predicted that we will experience a rise in divorce cases following the restrictions of lockdown but are there any benefits to waiting for the restrictions to be lifted to start the process? Make early contact with a specialist lawyer The...
Q. Can I apply for divorce whilst we are in lock down? A. We are receiving several enquiries from clients who have made the recent decision to divorce their spouse, either because they now have the time to do so or because being in the same house for...
Q I have moved in with my partner for the lockdown, what happens if things don’t work out? A. The deputy chief medical officer, Jenny Harries, has suggested that couples who do not live together should either stay apart during the Coronavirus...
Q. Do I still need to meet Family Court deadlines whilst on lock down? A. As explained in our Q&A on 25 March 2020, the Courts are still open, with there being a clear expectation that court deadlines and hearings are still complied with as far as...
Q. Will my Hearing still take place whilst we are on lock down? A. Whilst the courts are inevitably facing new challenges due to Covid-19, it is important to still prepare for your hearing to take place, albeit not in the conventional way. Solicitors...
If you are not married and buy a property with your partner, it is possible to set out how the money should be divided upon sale by entering into a Declaration of Trust. However, if you are married or go on to get married, the strength of that Trust is...
A divorce is the process of legally ending a marriage and therefore some documents need to be filed with the Court. This doesn’t necessarily mean that you will need to appear before a judge. Courts are used to resolve legal disputes and if you and...
Meeting with a family lawyer can be a daunting step to take, but knowing what the divorce process entails and how long it will take should help to ease any concerns you may have. Your solicitor will need your original marriage certificate (a...
The ‘common law’ myth There are lots of myths out there about co-habiting couples acquiring the same rights as married couples, once they have lived together for a certain period of time. Put simply, there is no law for the ‘nearly...
One of the things that we are asked on a regular basis by people thinking of getting divorced is whether or not they have to ‘blame’ their spouse or civil partner for the reason for the relationship breakdown. I will not detail the facts that...
We are often approached by people who have been separated from their spouse for many years. If there are no children arising from the relationship, the parties often do not know where the other party lives. There are various options. If you have a current...
As many wait for Divorce Reform to come into play, we take a look at the current system, where there is in fact only one ground for divorce. This being the irretrievable breakdown of marriage . However, in order to demonstrate that...
At the outset of divorce proceedings this is often one of the first questions asked. The divorce itself should be relatively straightforward if you have instructed a family solicitor to manage the process for you. The divorce process itself usually takes 6...
Myth: Can I divorce my spouse if they have committed adultery with a person of the same sex? Busted! It is not possible to issue a divorce petition citing adultery as the reason for the marriage breakdown if your spouse is having an affair with a...
If you are in the process of getting a divorce , it is vital that you think about changing or making a Will even during divorce proceedings This is because any existing Will you may have is unlikely to reflect your wishes during and after separation. ...
A separation agreement can be entered into by couples who are separating but who do not want to divorce or dissolve their civil partnership at that time. This can be for various reasons, including not being ready to take that step or for religious reasons....
During the divorce process , two Decrees will be received but they have very different meanings and effects. Decree Nisi is the first Decree that will be received, a few weeks after your Application for divorce has been issued by the Court....
When going through a divorce , people often want to change their surname from their husband’s surname back to their maiden name. The Decree Absolute of your divorce should be sufficient evidence of the change of name to enable you legally to adopt...
If your relationship has broken down irretrievably, then you can take steps to dissolve your civil partnership . To apply for a dissolution, you must have been in a civil partnership for at least one year. The partner wanting to dissolve the civil...
There are three stages to get divorced and which are: issuing a divorce petition, obtaining decree nisi; and obtaining decree absolute. What is a divorce petition? A divorce petition is an application for the legal dissolution of a marriage....
Judicial separation is where you and your spouse formally separate and this separation is recognised by the Court. Judicial separation is rare and is usually used due to religious reasons. As with divorce , a petition for judicial separation will need to...
Quite simply, yes. You are able to divorce even if you and your spouse remain living with each other, though it must be proven that you have maintained separate lives whilst divorcing and perhaps even prior to separation. However, bear in mind that living...
As the political debate around Brexit continues, we take a look at the impact it could have in Family Law . EU Regulation assists in determining the appropriate legal jurisdiction for divorce proceedings. Currently, within the EU, the country where...
A marriage can be annulled if it is a void or voidable marriage and an annulment can take place at any time after the wedding, unlike a divorce where you have to wait a year. What is a void marriage? A void marriage is where your marriage is not legally...
It is well known that the most busy time for divorce lawyers is January. This is because already strained personal and family relationships can come under particular pressure over the Christmas and New Year period. Having seen many January...
As we have cautioned previously, you need to be careful not to be misled by urban myths that frequently circulate online. To help you, we call out and bust four urban myths concerning divorce law . Myth: If you live together for two years you acquire the...
It is so easy - a quick Google search and, bingo, you have answers to questions you may have about divorce proceedings , separation or what should happen with the family home. However, proceed with caution, the answer you find may not apply to your...
A pet is often seen as an integral part of a family – but, in the eyes of the law, household pets are treated only as property. What happens if there is a dispute? If there is dispute about ‘who should have the pet’ upon divorce , it...
If your engagement breaks down, do you have any rights? A broken engagement might be devastating to one party or might be a mutual decision but either way it’s likely to cause upset and sadness. Once the initial shock has eased, it will be necessary...
Decisions regarding the family home are usually those which can cause the most conflict and need to be considered in detail during divorce and financial proceedings, but what else do you need to think about? When you purchase a family home purchased jointly...
It might surprise many people to discover that ‘no fault divorces’ do not exist under English law – though they do in other jurisdictions like Scotland and the USA. The current position is that divorce can only be granted within the first...
Like most family lawyers, I have felt compelled to watch the BBC1 drama ‘The Split’ to see how my day job is represented - albeit I watched most of it distracted by some pretty significant inaccuracies! The drama centres around a high...
When thinking about how to settle the issues that arise from a separation, the benefits of mediation are well worth considering. Mediation won’t suit everyone, but for some couples it can be a valuable way to reduce the stress involved in relationship...
The answer is yes, but do so with extreme caution as dealing with your divorce incorrectly can result in missed financial claims or a failure to stop your ex from coming back and claiming against you in the future. There are at least two strands to every...
He already shares half of his wealth with double-act best friend Dec, so will Ant McPartlin now be required (or agree) to share that half again with estranged wife Lisa Armstrong? The announcement that one of TV's best loved presenters is separating...
During a recent ITV 'Tonight' documentary, the subject of divorce was discussed and the issue of whether England & Wales should allow parties to separate on a no-fault basis (as you can in Scotland or the US) was debated with valid arguments made...
It is a recent phenomenon that the first Monday in January has become known as ‘divorce day’. In 2018 that day in fact falls on Tuesday 2nd January as the first Monday is of course New Year’s Day. We are often asked whether or not...
It’s that time of year again when the festive period is upon us. Sadly, instances of domestic abuse and violence increase significantly over this period. If you are concerned about a family member or loved one who you believe is at risk of domestic...
Some 118,000 divorces are granted in England and Wales each year; that’s more than 300 couples every day. Divorce in itself is difficult enough, but when the outdated laws surrounding divorce are largely fault-based, it makes it even harder and often...
Going in to meet a divorce lawyer can be a daunting prospect. So, what do you need to know from them and what are they likely to ask you? You need to trust your divorce lawyer You need to know that you can be open and honest with them - both about...
Buying your first house is exciting and nerve wracking at the same time. Couples who are buying together for the first time are making a huge financial and emotional investment, often funded by one or both of their respective parents. An important factor...
In a generation of celebrity and social media, it comes as no surprise that ‘split rumours’ and ‘custody battles’ amongst the rich and famous are filling up the columns of our daily news feed. This reporting means that divorce is now...
'The team at Harrowells are a perfect size. Big enough to have the coverage and expertise we need, but small enough for us to feel we know all involved and that we are an important client.'
'Matthew Rowley was exceptional and a real pleasure to work with. I would recommend him without hesitation.'
Feedback published in Legal 500 (2025 edition), Corporate & Commercial
'First class client service making clients feel that their needs are top priority Don’t get hung up on administration and seamlessly incorporate it into workflows, no compliance dramas.'
'Businesslike, focused on the service required, on time, approachable, flexible. Basically, the people, both Partner and Associate treat me as I treat my own clients leading to good teamwork and satisfaction all round.'
Feedback published in the Legal 500 (2025 edition), Commercial Property
'Our solicitor had great experience in the field of agricultural sales, which reassured us that the often archaic laws will be adhered to.'
'A strong team able to cover the breadth of expertise our client-base demands. There is strong synergy with their other departments, such as private client, to ensure their advice is robust. A good geographic spread of offices to ensure clients have the ability to meet their solicitor at mutually convenient locations.'
Feedback published in the Legal 500 (2025 edition), Agriculture & Estates
'Their knowledge of insolvency has assisted in allowing our team to progress cases swiftly, and always with a positive outcome (or sensible resolution).'
'Richard Hugill and Paul Burkinshaw both continue to provide a pragmatic approach to a number of scenarios provided over the many years we have worked together.'
Feedback published in the Legal 500 (2025 edition), Commercial Litigation
'Simon Black - I found him to be an exceptional lawyer who was thoroughly on top of his file and prepared to go the extra mile for his clients. He was also a hugely persuasive force at mediation and precisely the kind of lawyer you would want in your corner.'
Feedback published in the Legal 500 (2025 edition), Contentious Probate
'Always available to talk and always supportive. Professional, knowledgeable and supportive, as well as kind and welcoming. Richard Wood always went the extra mile and was exceptional to work with.'
'I cannot recommend Harrowells highly enough. Their team, led by Richard Wood, who was my solicitor, were informative, speedy and exceptionally capable. I didn’t ever have to chase for a response, and updates were frequent and clear.'
Feedback published in the Legal 500 (2025 edition), Clinical Negligence & Personal Injury
‘The support provided by the Harrowells family team, headed up by the extraordinary Amy Foweather, has been absolutely exceptional. Always highly engaged, friendly, attentive to all details, responsive and with a good understanding of client's needs.'
‘Amy Foweather is an exceptional lawyer. She is highly organised, extremely efficient, knowledgeable and caring, offering well researched and pragmatic advice. Amy has been an absolute pleasure to work with.'
Feedback published in the Legal 500 (2025 edition), Family Law
'When dealing with Harrowells as a customer, you very soon become aware of their exceptional professional skills. You are carefully guided through the various processes involved in your case. Whatever you ask is answered and fully explained in great, but understandable, detail.'
Feedback published in the Legal 500 (2025 edition), Trust & Probate
Am I legally liable for the behaviour of my employees at our Christmas party?
It is important to realise that a work’s Christmas party is a work-related event and it should be treated as an extension of the workplace. So, you can be legally liable for the behaviour of members of staff whilst at a Christmas party. The best way...
It’s common for parents to want to help their adult children financially, for example, providing support when a couple buy their first home together. But how should this money be dealt with if the couple are married and later divorce? When the...
"We both want the dog!" - who keeps your pet when you separate or divorce?
As a nation of pet lovers, you may expect there to be clear rules about what should happened to a family pet when a relationship comes to an end. Sadly, this is not the case, and pets are treated as chattels – the same as any other personal...
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