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Family Law Blog

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Conditional Order in Divorce

There are various stages to the divorce process in England and Wales. Regardless of whether you are making a sole or joint application, you will always need to apply to the courts for a Conditional Order (formerly referred to as a Decree Nisi). Conditional Orders in divorce are an important…

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Final Order in Divorce

The process of making a divorce application involves several steps, culminating in a Final Order being issued by the courts. Final Orders represent a critical point in divorce proceedings. A Final Order legally confirms that a divorce is complete. Given the importance of Final Orders, it is vital to understand…

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Can a consent order be changed?

If you have divorced, or intend to divorce, you may already be aware of the importance of a consent order. Without an order in place, any financial arrangements you make will not be considered legally binding. While consent orders are vital, sometimes circumstances can quickly change. This means that any…

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What is void and voidable marriage in the UK?

The grounds for getting an annulment in the UK are very strict. Statistics from ONS indicate that only 231 annulments took place in 2021, which tells us that annulments in the UK are rare. For an annulment to be granted, a marriage must be either ‘void’ or ‘voidable’. This can be a…

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What is reasonable access for fathers in the UK?

The rights of parents and especially fathers to spend time with their children after a couple separate can be a highly complex and emotive issue. It’s unfortunately common to hear tales of fathers who are being denied the right to access their children, leading them to question what rights they…

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Breach of consent order

Consent orders are essential if you intend to make any financial agreements legally binding following a divorce. Without a consent order in place, either party will be able to change their mind about any informal agreements that have previously been made, which could have major consequences. Once a consent order…

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Annulment vs divorce: What’s the difference?

There are many reasons why couples tend to view annulment as the preferred option when compared to divorce. This includes situations where there are religious or cultural reasons for not wanting a divorce, where a couple have not been married for 12 months and are unable to legally divorce, or…

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How often does a judge reject a consent order?

Dividing matrimonial finances during divorce can often be achieved on a voluntary basis. However, any agreements reached will not be binding unless a consent order has been approved by the court. It is important to note that consent orders will not be automatically approved by a judge. A judge will…

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What is legal separation in the UK?

There are many reasons why a couple may choose a legal separation as opposed to applying for a divorce or civil partnership dissolution. Whether for religious or cultural reasons, or because a couple have been married or in a civil partnership for less than a year, a legal separation is…

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What is a prenup?

A prenup (more formally referred to as a prenuptial agreement) is a document that couples can sign prior to marriage which clarifies their respective financial rights and obligations. An effective prenup in the UK will make provision for any property, debts, income, and assets that a couple have purchased together,…

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Separation Agreements: Are they legally binding?

Separation Agreements: Are they legally binding?

Knowing where you stand during separation can be very difficult to comprehend, especially where you share children and/or financial assets. One solution to remedy this confusion would be a separation agreement, which outlines the terms and conditions that govern the separation. This includes the division of assets and any financial…

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What am I entitled to in a divorce settlement?

What am I entitled to in a divorce settlement

As with many questions in family law, there is no one, simple answer to the question: what am I entitled to in a divorce settlement? Every case is different because the circumstances of each couple is different. The starting point for dividing assets will normally be a 50/50 split. However,…

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