What is the role of a Guardian in children proceedings?
Guardians are sometimes appointed by the court where independent representation is needed for a child
Let’s give a shout for mediation…!
Sir Andrew McFarlane, the President of the Family Division, recently delivered a speech in which he stressed the need for mediation in resolving family disputes. He said…
Financial Settlements – How to prevent your ex coming back for more
Getting a divorce under English law is now relatively straightforward after the law was modernised and the requirement to show grounds for the breakup of the marriage removed
Meet the Team – Lotus Kimona
We are delighted to welcome Lotus Kimona to our Family Team. Lotus has joined us as a Paralegal and is based in our Maghull office
The Law Commission review of matrimonial finance divison
The Law Commission of England and Wales has launched a review of the laws which determine how finances are divided among couples after divorce or the dissolution of their Civil Partnership.
Initial Advice Appointments
Here at Maxwell Hodge Solicitors we offer an initial 1 hour advice appointment with an experienced family lawyer at a fee of £198.00 (inc VAT) either face to face or via telephone
Pensions and Divorce
When a divorcing couple come to sort out their finances the question of what to do with pensions is often overlooked, avoided or simply swept under the carpet because it is too complicated
Matrimonial Finances Disposing Assets following separation – A Stark Warning
The overriding rule in matrimonial finances is for the husband and the wife to give full and frank disclosure of their assets.
PRENUPTIAL AGREEMENTS
What is a prenuptial agreement? A prenuptial or premarital agreement (commonly known as a pre-nup) is a formal, written agreement between two partners prior to their marriage or civil partnership.
Unmarried Partner Loses Property By Email
Couples who share property and choose not to marry do not have the same legal rights when they split up as couples who do marry. Partner A and Partner B lived together in a house which they owned jointly. They split up in 2013. Partner A sent an email to Partner B stating that she…
Important Information before your Appointment
When a relationship breaks down, it can be an extremely stressful and uncertain time.
Child Arrangements
Children’s right to have a relationship with both parents. A common misconception is that the parents have rights to a relationship with their child
How to trace the untraceable?
Has a parent deserted their child with no means of contact? Has your partner deserted you and left you in a financial mess?
No Fault Divorce
As of 6th April 2022, No Fault Divorce proceedings are now made law, marking the end of the ‘Blame Game’ in divorces. From today, divorces in the UK no longer need grounds and parties can even apply jointly. It is hoped that this change will revolutionise divorce proceedings and provide a more amicable process for…
LBGTQ+ Community
Here at Maxwell Hodge Solicitors we understand that not all families are the same, but all families matter.
Divorce – Did you know?
From the 6th April 2022, the usual five “proof’s” for a divorce (adultery, behaviour, 2 year separation with consent, 2 year desertion and 5 year separation without consent) will no longer be needed
What is Mediation?
Mediation is a procedure in which independent and professionally trained mediators help those who
Parenting Through Separation
Separation is an incredibly hard time for families and many parents don’t know where to turn for advice.
Domestic Abuse
Domestic abuse is a growing concern within the UK. So what help outside of the police force is available for victims of domestic abuse?
Separation Agreements – An important tool to resolve financial matters amicably
The tech billionaire, Bill Gates and his wife Melinda Gates have undertaken a Separation Contract prior to announcing their impending divorce.
FAMILY FINANCE DISPUTES – KEEPING IT PRIVATE
The procedure for resolving financial issues that arise when a marriage breaks down has been well tried and tested and will apply whether the issues are being dealt with through mediation, the courts or between solicitors.
Domestic abuse – an ongoing problem. Some essential guidance.
The recent case of H-N (Children) (Domestic Finding of Fact Hearing) [2021] EWCA Civ 448 highlighted the growing problem of domestic abuse within children cases.
Latest statistics show just over half of couples who separate have Child Maintenance Agreements for their children
In statistics published last week from the Department of Work and Pensions, it was revealed that out of 2.4 million separated families in 2020, only 56% had child maintenance agreements in place.
The Domestic Abuse Bill – More protection is on the way for the victims of domestic abuse
Following the tragic death of Sarah Everard, the issue of domestic abuse is at the forefront of our minds.
Some practical advice – Same Sex Separation
Figures released by the Office of National Statistics show that the rate of divorce for same sex couples doubled in 2019, compared to the previous year.
No Fault Divorce Is Coming Soon
Under the current law, divorce is based on the irretrievable breakdown of marriage supported by proof of one out of five available facts
MUCH NEEDED HELP FOR THE VICTIMS OF DOMESTIC ABUSE ON THE WAY
One of the major problems the UK faces during lockdown is the issue of domestic abuse.
Children’s mental health and separation – How best to deal with separation
With lockdown still in effect in the UK, 2021’s Children’s Mental Health Week has received much more attention than usual with many children experiencing poor mental health whilst at home.
Child Maintenance cases down as more parents agree voluntary arrangements
In figures produced recently by the Department of Work and Pensions, the number of open cases handled by Child Maintenance Services (CMS) has dropped from 75,000 in June 2020, to 71,700 in September 2020.
New guidance to protect victims of domestic abuse in the Family Courts
To attend and give evidence at a Family Court hearing is a daunting prospect for anyone. However, for those who have suffered abuse at the hands of their ex-partner, the stress of attending court will, undoubtedly, be increased.
Blame and Financial awards – A myth in Divorce
In every divorce, irretrievable breakdown of the marriage must be proven to the Court.
You can run, but you can’t hide
What do you do when your spouse ignores divorce proceedings?
IS IT LEGAL TO ACCESS MY PARTNER’S EMAILS AND DOCUMENTS?
During the current lockdown, you may be faced with the additional difficulty of having to share a home with your spouse or partner at the same time that your relationship breaks down.
New Year – New Lockdown – How does this affect separated families?
With the announcement that England will once again go into lockdown from 5th January until mid-February 2021 at the earliest, many separated parents may feel anxious about what lies ahead.
Parents fear over a Covid Christmas
We are now just 10 days away from Christmas. However, a recent survey undertaken for “Action for Children” revealed that 1 in 6 parents want to cancel Christmas!
Separation agreements – A good tool to separate amicably
Often for unmarried couples, separation is not only a stressful time because of the breakup of the relationship, but also as a result of the financial uncertainty it brings.
MATRIMONIAL FINANCES – DISPOSING ASSETS FOLLOWING SEPARATION – A STARK WARNING
The overriding rule in matrimonial finances is for the husband and the wife to give full and frank disclosure of their assets.
Domestic Abuse – An increase in incidents during lockdown
All across Liverpool, awareness for domestic abuse is prevalent as many of our iconic buildings have recently been lit orange to show the city’s support.
CAFCASS Positive Co-Parenting Programme introduced
Court proceedings can be considerably stressful for parents. Often the court is the last resort if there has been little to no agreement reached over children matters.
Gatekeeping Hearings and the Family Court
The Family Court is overwhelmed with applications to resolve disputes between separated parents concerning arrangements for their children.
Parliamentary Taskforce reports Kinship carers are being failed
In a recent report compiled by the Parliamentary Taskforce on Kinship Care, it was revealed that many kinship carers found huge disparities with how cases were being dealt with depending on which local authority was overseeing matters.
Are you considering separating from your spouse? Here is what you need to know…
There is a common misconception that a trip to the solicitors for some marital advice is the beginning of the end when a couple is going through marital difficulties, with Divorce proceedings following shortly thereafter.
Can my ex partner stop our child returning to school in September?
For many parents, the end of the school holidays can provide them with a sense of relief. However, quite understandably, while the Covid-19 outbreak is still around, there is a great deal more hesitation for parents surrounding children returning to school during September.
New Survey aims to identify further support needed for Kinship Carers
Kinship carers play a valuable role in children’s lives. The national charity, Grandparents Plus has launched its “State of the Nation” survey to gather information from kinship carers as to the challenges they currently face.
Working Group produces recommendations for the Family Court to take on board in Special Guardianship cases
For many of our clients. we have had to advise that a Special Guardianship report, preceding the appointment of a Special Guardian, can often be lacking.
UNDERSTANDING PENSIONS AND PENSION SHARING
The division of matrimonial assets on separation can be extremely complex and stressful. After the marital home, pensions are usually the next most important consideration.
COHABITATION AND THE ARMED FORCES
In modern Britain, cohabitation is a more popular option for couples than ever before. Sadly, some cohabiting couples fail to realise that they do not enjoy the same rights and legal protection as a married couple or civil partners
CO-PARENTING AFTER SEPARATION
Firstly, not all parents automatically have Parental Responsibility. All mothers have this but for fathers it can be more problematic.
DIVORCE AND THE ARMED FORCES
The stress and commitment required by armed forces personnel can put added stress on a relationship, which in turn can lead to spouses separating. Sadly, for many the damage is irreparable, and often ends in break-up and divorce.
CHILD CONTACT FOR PARENTS SERVING IN THE ARMED FORCES
Undertaking a lengthy tour away from home can be tough, spending long periods away from loved ones. This can be even more problematic when a relationship breaks down and there are children making it difficult to continue a relationship with the child.
Remote Hearings
The Family Courts have, in recent months, undergone massive changes as to how they deal with cases. The Covid-19 outbreak has forced Courts to operate almost exclusively remotely.
Further guidance for separated families during the Covid-19 outbreak
Since late March, the country has been in lockdown. Initially, this presented many separated parents with a great deal of uncertainty with regards to their contact arrangements.
Grandparents’ Contact
During the current Lockdown, with the imposition of social distancing, the important role that grandparents play in children’s lives has been highlighted in the media.
Breaking up isn’t hard to do
The issue of movement during lockdown is a hot topic at the moment. It is of particular interest to those people who were contemplating separation when the lockdown was announced or have decided to separate during or because of the lockdown.
Can’t pay or won’t pay? Maintenance and Covid-19
Whilst the Covid-19 virus is sweeping across the world and taking lives, it is also taking the livelihood away from people and reducing income. If you have been paying maintenance to your ex-partner what can you do if you have lost your job or are on furlough?
The Marriage Minefield
With the increase of online divorce providers, many people are turning away from specialist lawyers when they want a divorce and instead opting to go online to “speed up” the process. But this approach doesn’t always mean a smooth ride.
Further guidance to parents with Child Arrangements Orders
Following Boris Johnson’s announcement indicating that we all should remain home for the next 3 weeks, many separated parents with children were left confused as to what this may mean for their child arrangements.
Government Guidance on Contact Arrangements
As many of us watched on last night’s news, Boris Johnson made the incredible announcement that we will only be allowed to leave our homes in a very limited set of circumstances namely;
Common myths in children matters
Continuing with our series of articles on common myths in family law, this article aims to remedy some of the mistruths our clients are being told:
S.H.A.R.E. – 5 top tips on domestic abuse
Personal safety is a huge issue within the UK. Domestic abuse can take many forms including violence, verbal abuse and controlling behaviour. It is therefore vitally important to know what protection is available to you. Remember, you don’t have to put up with abuse of any sort, so do seek help.
Common myths in Divorce and Financial Remedy Matters
For many of the clients we see at our offices, the first meeting with a lawyer can be a daunting prospect. One contributing factor to this is the number of myths that exist within family law, with clients very often being given misleading information prior to attending an appointment. This article aims to dispel a…
TOP TIPS ON SEPARATION
Whether your close relationship is a married one or not, break-up and separation is a painful process. P.A.U.S.E. for thought …..
A NEW YEAR’S TRADITION …..
With the start of 2020 comes a day which many solicitors call “Divorce Day.” On the 2nd January, many family solicitors see an increase in new enquiries.
A lack of District Judges to have “adverse consequences” on Family cases
In an annual report published by the Lord Chief Justice, Lord Burnett of Maldon, it has been indicated that the shortage of District Judges will have adverse consequences for family and civil courts.
Bills to Fail on the Dissolution of Parliament
With a general election on the horizon it spells disaster for those who were reliant on the Domestic Abuse Bill and Divorce, Dissolution and Separation Bill being passed by parliament.
Co-Parenting, Consent Orders and the Courts
For many separating couples, they will have heard of the term of “co-parenting.” The official definition is “to share the duties of the upbringing of a child”. But in reality, what does that mean for separating couples?
REMARRY IN HASTE – REPENT AT LEISURE
The purpose of divorce is to allow a couple in an unhappy marriage to go their separate ways and to afford them the opportunity to remarry at a later date.
Deal or no deal? That is the question!
Does it make good sense to leave a marriage without a deal?
5 Top Tips When Dealing with Child Contact
Going through a relationship breakdown can be an extremely stressful time for children as well as parents. Often the child can be in the middle of this. Its important for parents to put together plans for the child at an early stage. These tips will help parents in reaching suitable agreements.
5 top tips on Domestic Abuse Matters
Personal safety is a huge issue within the UK. The office of national statistics in their latest figures in November 2018 announced that 7.9% women (1.3 Million) and 4.2% of men (695,000) had experienced some form of domestic abuse within the previous 12 months. With these shocking statistics it is vitally important to know what…
Taking Children Abroad
It is not uncommon for parents during the school holidays to plan trips abroad. However, for those who have separated from their partner, they may not be aware that in the absence of a Court Order, permission is needed.
GOVERNMENT RELEASES GUIDANCE ON WHAT WILL HAPPEN WITH FAMILY LAW DISPUTES AFTER BREXIT
Many questions are being raised with regards to what will happen to family legal disputes involving marriages, maintenance and children where one of the parties lives in the EU.
Understanding Pensions and Pension Sharing
After the family home, pensions are usually the next most important consideration on the breakup of a marriage. Sometimes pensions can be the most valuable assets.
Dispelling the Myth of “common law marriage”
The latest figures released by the Office for National Statistics show that the number of couples living together has doubled over the last 20 years to just over 3.3 million. More concerning are the figures produced by the British Social Attitudes Survey, which show 46 per cent of the public are under the impression when…
Rising number of grandparents applying to Court to spend time with their grandchildren
It’s a very said day when we have to report that the number of grandparents having to apply to Court for an Order to see their grandchildren.
S.T.A.N.D. – 5 Top Tips to Sort Out Marital Finances
By far, the most difficult aspect of divorce is disentangling the couple’s financial arrangements and dividing the marital assets going forward. These 5 top tips will assist you in sorting things out amicably and fairly.
Unmarried Mothers do not have to be left out in the cold
Legal reform for unmarried couples is slow in coming.
A Step in the Right Direction…
A landmark case at The Supreme Court has unanimously allowed an appeal to establish that a heterosexual couple have the right to enter into a civil partnership.
Parents under Pressure – a programme helping adults with drug and alcohol issues
Unfortunately many children cases in Court involve parents with drug and alcohol problems, which have a major impact on their ability to parent a child.
Don’t let Domestic Violence “Kick Off” during the next round of the World Cup
With England making it through to the next round of the World Cup, tensions will be running high amongst the team as they prepare for the next round. Don’t let the World Cup impact on you and your family, statistics show that there is an increase in domestic violence during football tournaments.
WORKING AWAY DOESN’T MEAN YOU SHOULD NO LONGER BE INVOLVED
When parents separate they each retain their parental rights. A departing parent who is no longer caring for the children may believe that they have lost their Parental Responsibility. However, this is just a myth. Parental Responsibility only can end on the making of a court Order and not on the ending of a relationship…
Understanding Pensions and Pension Sharing
Trying to deal with the division of matrimonial assets on separation can be extremely complex and stressful. After the marital home, pensions are usually the next most important consideration.
CHILD CONTACT FOR PARENTS SERVING IN THE ARMED FORCES
One major issue affecting a number of armed forces personnel is that of child contact following the breakdown of a relationship. Very often following separation the former spouse can make it difficult for a parent to continue a relationship with a child.
Divorce and the Armed Forces
An issue that often affects armed forces personnel is relationship breakdown and divorce.
Maxwell Hodge Solicitors provide schools and nurseries with training on family issues
Maxwell Hodge Solicitors have just announced that they are offering free guidance sessions to schools and nurseries on family issues such as Parental Responsibility, Live with and Spend time with Orders.
CAFCASS Study reveals reasons for why cases return to Court
A recent study published by CAFCASS has highlighted reasons why children cases return to Court, sometimes again and again.
Parental arguments and the impact on children
In research recently published in the Journal of Child Psychology and Psychiatry, it has been revealed that parental conflict can place children at severe risk of mental health problems and future psychiatric disorders.
Could the wrong car seat prevent contact from taking place?
In February 2017, new laws were brought in to force requiring children weighing less than 22kg or with a height of less than 125cm must have a proper car seat, not a backless or a booster type of seat. The new law has created a great deal of confusion with many parents still unsure what…
Maxwell Hodge Further Strengthens Family Team
Maxwell Hodge Solicitors have expanded their Family team with the appointment of Solicitor Margaret Agnew
Grandparents Contact
I recently heard about a Worcester grandmother who was so upset at the closure of a support group set up her own group for grandparents separated from their grandchildren.
Time for a change, time to get advice
A new year brings a lot of New Years Resolutions. Traditionally gym memberships rise, dieting clubs see a vast increase in their numbers and solicitors see an increased number of family enquiries.
Great news for parents seeking Child Support.
I was really pleased to hear that the government intends to close a legal loophole which currently prevents the Child Maintenance Service from taking child support payments out of a jointly held account.
CAFCASS to take steps to address “Parental Alienation”
Parental Alienation is the psychological manipulation of a child into showing unwarranted fear, disrespect or hostility towards a parent and/or other family members.
New guidance for protection of domestic abuse victims
In court proceedings involving children, the primary consideration for the court is the wellbeing of the child. When parents are themselves victims of domestic abuse, their wellbeing is often overlooked or ignored.
The “No Fault” Divorce – A necessity in the modern age.
The trauma of the breakdown of a relationship can be significant. It is not helped when one party has to make accusations about the other.