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Category Archives: Family Law

Pension and divorce – the overlooked asset

Pension and divorce – the overlooked asset A pension can be the second biggest asset in a marriage or civil partnership. But, they are often overlooked by separating couples. Why are pensions overlooked in divorce? Samantha Lee, Head of Family Law at Swain & Co Solicitors explains, “Divorce is an emotionally distressing life event. You want…
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Do you believe in Common Law marriage?

Do you believe in Common Law marriage? Common Law marriage is a myth. It does not exist! Findings from this year’s British Social Attitudes Survey[i][i] shows that nearly half of us think common law marriage exists. Common Law marriage refers to couple who live together having the same legal rights as a married couple. Samantha…
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Are divorce costs trapping you in marriage?

January is dubbed divorce month. However, it seems that divorce rates are decreasing. However, the sad reality is that many people are trapped in unhappy marriages. Why? Because they cannot afford divorce costs. According to figures from Aviva in 2018, separation or divorce costs on average £14,500. This is legal and lifestyle costs. This means…
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There is happiness after divorce

There is happiness after divorce Divorce is hard, there is no denying that. And, you may feel that there is no light at the end of the tunnel. But, there is happiness after divorce. You have to be open to it. A recent survey conducted by Style suggests there is a new breed of happy…
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Mental and physical abuse from your husband, what can you do?

Mental and physical abuse from your husband, what can you do? Domestic abuse is not just physical. It has a broad definition. It includes emotional abuse, threats, controlling and coercive behaviour and financial abuse. Any form of abuse is a crime. The law has strict measures in place to protect victims of domestic abuse. A…
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2 Things to consider taking children abroad post separation

2 Things to consider taking children abroad post separation  If you are planning to take your children abroad this summer without the child’s other parent, you should be aware of any potential problems. 1.       Consent Everyone with parental responsibility must be aware and give consent to the child travelling abroad. If you do not do…
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What impact does domestic abuse have on a child?

What impact does domestic abuse have on a child? This is often a question asked by victims of domestic abuse. Sometimes is it hard as a parent to put yourself first? So you look to the children you wish to protect. You try to see the damage that is being done to them. It’s natural…
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Is there a rise in prenups?

Is there a rise in prenups? | Family Law Legal Advice There are no real statistics in the UK relating to numbers of prenups, but they are on the rise. Over the pond, in the US, the New York Times reports that prenups are on the rise among Millennials. And we know we often follow…
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Nearly a year to get a divorce

Ministry of Justice statistics reveal on average it takes nearly a year to get a divorce. This is despite the introduction of online applications and more centralised working. It is taking 26.7 weeks for couples to be granted a decree nisi. Then a further 24.6 weeks to reach decree absolute to finalise the divorce. That…
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Divorce law needs ‘urgent change’ in light of Owens vs Owens

Divorce law needs ‘urgent change’ in light of Owens vs Owens With the rare ruling in the divorce of Owens vs Owens, Samantha Lee provides her opinion on the case: “There has been so much incorrect reporting of this case. The Supreme Court had to apply the law as it currently stands. Mrs Owens started…
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