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17 March 2020 Family Matters

Lawyers are heralding as a landmark decision, the judgement in RC v JC given earlier this month. A woman who sacrificed her career as a Solicitor to look after her children was given an additional sum of money on Divorce. The wife, a Cambridge graduate and trainee Solicitor stepped back from her budding legal career for the good of her family, whilst the husband, also a Solicitor, continued to pursue his career. The couple were married for ten years and had two children. Their bitter court dispute was over the finances of the divorce.  Mr Justice Moor stated the wife of the marriage viewed herself as a “parent who would take primary responsibility for the children. The husband’s career took precedence, it is unusual to find significant relationship-generated disadvantage that may lead to a claim…
05 March 2020 Family Matters

If family circumstances mean that it is not possible for children to live with their parents, or a local authority has decided that the children ought to be taken into care, there is often a strong wish that the children should instead to go to live with a member of their extended family.  In this article, Robert Bellhouse, family law expert with Ware & Kay in York & Wetherby, explains the options where grandparents want to put themselves forward as carers. ‘The most usual route for a grandparent who wants their grandchildren to live with them is to apply to the family court for a Child Arrangements Order, explains Robert’  ‘This is an order which, if granted, gives grandparents the legal right to have their grandchildren live with them and to be involved in decisions…
16 January 2020 Family Matters

The end of a year and the beginning of a new one is often a time for reflection and resolutions for change. For many couples, this can include deciding that their marriage has come to an end and it is time to separate and get a divorce.  Indeed, the first working Monday of the new year is widely known in legal circles as ‘Divorce Day’, with lawyers seeing a large spike in divorce enquiries on this day as couples finally concede that their marriage has irretrievably broken down. Divorce is always unsettling as couples decide how to divide their property, sort their financial affairs and make arrangements for their children, but can be particularly complex where agricultural assets are concerned. So, what are the key things you need to know about a farming divorce? Juliet Walker…
15 January 2020 Family Matters

On 31 December 2019, new legislation made it legal for mixed-sex couples to enter into Civil Partnerships, an option that was previously only available to same-sex couples Civil partnerships afford couples the same financial and legal protections as marriage, but offer an alternative for those who feel ‘traditional’ marriage isn’t quite right for them. Among the couples celebrating were Rebecca Steinfeld and Charles Keidan, whose public battle for a civil partnership made it to the Supreme Court. The couple said that for them, a civil partnership felt more equal than a traditional marriage. They successfully argued that denying a straight couple the right to a civil partnership was discrimination and therefore “incompatible with their human rights.” Ahead of 31 December, hundreds of mixed-sex couples gave notice to enter civil partnerships but not without critics describing…
13 December 2019 Family Matters

If you are attending mediation to resolve disagreements about some decisions relating to relationship breakdown, separation or divorce, you might be wondering what this involves.  A mediator is an independent person that is trained and accredited to assist you in identifying the issues in dispute and help resolve these through discussion.  Sometimes two mediators may be used, but more often than not just one mediator will be involved.  A mediator can meet you and your former partner together, or separately.  They can also arrange to meet you both at one time while you remain in separate rooms, and this is known as shuttle mediation, where the mediator will effectively shuttle between the two rooms to progress discussions.  It is important that you are comfortable throughout the process and you will not be forced to sit together…
11 November 2019 Family Matters

Christmas is a magical time of the year for children. There is the anticipation of the presents they may receive, the relief of having a few weeks off school and the excitement of seeing friends and family. The hopes of what Christmas may bring are no different for the children of parents who have divorced or separated, yet lingering there in the background will be the worry of who they are going to spend Christmas with and whether the parent who misses out will be alright. To make sure your child has a wonderful and stress-free Christmas this year, Robert Bellhouse, family law expert with Ware & Kay Solicitors in York & Wetherby offers some useful tips to estranged parents trying to agree arrangements for their children over the festive period. 1. Plan ahead Talk to…
15 October 2019 Family Matters

The discovery of an affair, concern about an inheritance being squandered or pressure to protect your business interests are all reasons to consider making a postnuptial agreement.  Like a prenuptial agreement, a postnuptial agreement can be used to agree in advance what should happen to assets owned by you and your spouse or civil partner should the relationship fail.
19 September 2019 Family Matters

As so many farming businesses have been passed down from generation to generation, representing decades of hard work and family history, it is vital to consider any potential threats that might prevent the farm staying in the family and being passed down to future family members. While farming couples may have enjoyed living together on the family farm during their marriage, a divorce can mean that the family farm has to be sold to raise funds in the divorce settlement unless legal steps are taken to stave off such a devastating threat. Juliet Walker specialist agricultural Family Solicitor at Pearsons & Ward in Malton explains how a nuptial agreement can help farming families protect their inherited assets from divorce. A nuptial agreement is a legal agreement between a married couple or civil partners that lays down in writing…
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