After a divorce or separation, you may decide that you wish to relocate with your children. This may be for a number of reasons, including remarriage, the offer of employment or wanting to be nearer family. There are two types of relocation, those which are within the UK, known as internal relocation or relocation outside
What is a cohabitation agreement? A cohabitation agreement is an agreement between two or more people who have decided to live together as a couple or otherwise. The agreement provides a record of each party’s rights and responsibilities in relation to the property where they live/ intend to live together, financial arrangements for during and
Capital Gain Tax for Separation and Divorce Prior to 6 April 2023, divorcing couples who were living together could transfer assets between them on a “no gain no loss” basis, meaning that a Capital Gains Tax (CGT) liability was not triggered immediately on transfer. Any gains or losses from the transfer were then deferred until
The Marriage and Civil Partnership (Minimum Age) Act came into force on 27 February 2023. The age at which someone can marry or enter a civil partnership has now risen to eighteen in order to protect children from the danger of forced marriage. Background The implementation of the new Act will remove provisions which allow
On 30th January 2023, a new pilot scheme was launched in Cardiff, Carlisle and Leeds family courts. The scheme is set to last 12 months, concluding on 30th January 2024 and applies only to children cases. The scheme follows a 2021 report written by Sir Andrew McFarlane which followed an extensive review, focused on improving
Divorce can be a financial burden at any time but in the current climate of rising inflation, spouses are finding it increasingly difficult to finance their separation. Below are some tips on how divorce costs can be kept to a minimum in a cost-of-living crisis. Avoiding Court Proceedings A key objective when trying to limit
The application for divorce was reformed last year with the specific purpose of removing blame from the process. It is hoped this will encourage and assist separating couples to settle all matters outside of court where possible. Whether your divorce is being processed under the old law or the new law there are four stages
Definition Collaborative family law is a process whereby both parties agree not to go to court and instead, work together to reach an agreement. There are a series of meetings and the decisions made in those meetings can be made into a binding court order. How does it work? To begin the process, parties
The Government has recently announced proposals to change the rules that apply to transfers of assets between spouses and civil partners who are in the process of separating and/or divorcing. The measure is intended to make the CGT rules that apply to people in this situation fairer giving them more time to transfer assets between
If you begin proceedings to obtain a divorce or dissolve a civil partnership, part of this process will involve agreeing a division of your finances with your spouse or civil partner. It is important to obtain legal advice as this is a complex area of law, although this can be costly if your finances are
If you are going through a divorce or dissolving your civil partnership, it is possible to apply to the court for maintenance pending suit (MPS) under section 22 of the Matrimonial Causes Act 1973. MPS is monthly maintenance payments paid by the financially stronger party to the other party whilst the division of assets is
A child arrangements order (“CAO”) is a court order either setting out the arrangements for your child which have been agreed between the parties by consent and later approved by a judge or magistrates, or arrangements for your child which have been decided by a judge or three magistrates. A CAO usually sets out who
Parental responsibility (“PR”) is defined in section 3(1) of the Children Act 1989 as “all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child, and his property”. If you are a mother, you automatically have PR for your child from birth. If you
Be careful about your state pension if you divorce later in life If you reached state pension age before 6 April 2016, which would be the case if you are a woman and were born before 6 April 1953, you would be included in the ‘old’ state pension system. This system allowed divorced women to
What happens if I get remarried without sorting out the finances in my divorce? It is really important to reach an agreement about dividing your assets if you are going through a divorce or dissolving your civil partnership. Even if neither you nor your ex-spouse or ex-civil partner have any significant assets, the agreement needs
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