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News

Who are you dealing with?

The SRA has launched a new digital badge for Solicitors. The new badge, which can only be displayed by regulated firms, will show online visitors to our website that we are regulated by the Solicitors Regulation Authority. It will provide any visitor to our site with a link to information about the protections this provides to them as a consumer of legal services. In a legal market place where increasing…

10 Practical Tips for Those Considering Divorce

With the New Year often comes a new start. As the old year comes to a close it causes us to reflect upon the year that has passed and what we want to achieve in the future. The festive period can also shine a spotlight on the difficulties within a marriage. Recent statistics provided by the Ministry of Justice show that 455 applications for divorce were submitted online between the 24 December…

Christmas contact arrangements

The festive period can be difficult for separated parents, and unless the contact arrangements for the children have been previously arranged, either through agreement or by Court Order, then you will need to try and make arrangements between yourselves. This is not always easy, so here are a few tips that may help. The subject of Christmas contact needs to be approached as early as possible. If you are unable…

Victoria qualifies in collaborative practice

As part of Oerton Simm' ongoing commitment to helping couples find better and more family focused ways of separating, Partner, Victoria, has recently completed her collaborative training through Resolution. Collaborative practice is one of the options available to divorcing or separating couples as a means of helping them to resolve the legal, practical, financial and parenting issues which arise when the relationship has broken down. Unlike the more traditional approach…

How do I protect my financial position if I cohabit without getting married?

A coalition of legal organisations and family charities, including the bar Council, the law society, resolution, and relate, have urged the government to provide legal protection to millions of cohabiting couples as evidence continues to emerge of the increase in the number of civil partnerships and deathbed marriages being entered into.Couples choosing not to marry, or enter into a civil partnership (currently available only to same sex couples-although the…

Guidance on Financial Needs on Divorce

In its 2014 report the Law Commission identified concerning evidence of significant regional differences in the levels of needs-based support likely to be awarded in different courts, and a lack of transparency in this area of law.The report recommended that the Family Justice Council should provide guidance for the Courts with a view to achieving greater clarity and consistency of approach across the jurisdiction in such cases. In April 2016 the…

Online Divorce Applications Rolled Out Nationally

About a year ago HMCTS developed an online divorce service which has been pilot tested in certain parts of the country. At the beginning of May this was rolled out nationally, so now, all members of the public are able to issue their divorce petition online. At present, the same is not available to legal professionals, although HMCTS say that they will begin working with the profession in the summer…

Queen approves appointment of new President of the Family Division

HM The Queen has approved the appointment of The Rt Hon Sir Andrew McFarlene as the President of the Family Division, who is to take over the role from 28th July 2018 when the current President, Sir James Munby, retires. The President of the Family Division is the head of the Family Division of the High Court of Justice, and head of Family Justice. The Family Division was created in 1971, it…

Financial Remedies Court - The ongoing process of reform

In recent years there has been much reform in the processes and procedures in the family justice system, and these continue at a pace. The latest area to come under the microscope is the sorting out of finances on divorce, better known in the legal world as "financial remedies".The Law Commission, in a report in 2014 , "Matrimonial Property, Needs and Agreements" identified some of the current systems failings, and it…

DWP announce Child Maintenance Consultation

The Government have today issued a press release asking for opinions on the options to give the Child Maintenance Service (CMS) stronger collection and enforcement powers to ensure that absent parents meet their financial responsibilities towards their children.The proposals include things such as 1) the power to remove the passport of the none paying party who persistently does not pay for up to two years, or banning them from either…