Mass Black Judge

Family law is an expansive field that encompasses marriage and divorce, child custody matters, as well as related economic disputes. As it’s a highly humane area of the law, family lawyers must have empathy towards their clients’ situations.

Many cases involve complex financial matters, such as divorces involving high net worth couples and international families, along with disputes over property. Some of these disputes are resolved through arbitration – an alternative dispute resolution method.

What is a divorce?

Divorce is a legal procedure that can be used to legally dissolve a marriage. While divorce may not always be the best option for couples seeking separation, it can serve as an effective means of legally dissolving their relationship and moving on.

Divorce differs from separation in that it’s a legal act that can be initiated in the UK. Either one person (known as the applicant) initiates it, or both parties can join together and file for divorce.

When applying for divorce on behalf of both you and your spouse, both people must fill out and return an ‘Acknowledgment of Service’ form. This should be sent via email or postal letter as a formal request that they consent to the separation.

Applying for divorce is as easy as filling out Form D8 (Divorce Application) and paying the court fee of PS593. Additionally, there is a fee exemption form available if you have low income or receive benefits.

Before filing for divorce, the court must be convinced that your marriage has irretrievably broken down. This means the relationship cannot be saved even if both of you try to repair it.

Under the old system, divorce was only granted when one spouse committed adultery or behaved unreasonably. These were two of five legally recognized grounds for dissolution of a marriage under old law.

However, the new no fault divorce system eliminates these blame-based options. This was a controversial change as some feared it could lead to more couples opting for divorce as soon as difficulties arise in their relationship.

Baroness Hale, former President of the Supreme Court and champion for no fault divorce, was an early proponent. She believed that eliminating blame requirements could reduce some of couples’ stress and suffering when they separate.

In the UK, both spouses possess legal ‘home rights’ – this means they both have the legal right to live or stay in their matrimonial home. Therefore, you don’t need to sell the family home until a financial settlement has been agreed or until court-imposed financial remedies as part of an ongoing arrangement.

What is a voidable marriage?

A voidable marriage is one that can be legally annulled by a court’s decree. Unlike divorce, which typically takes place after some period of time has elapsed, an annulment can be sought at any time within one year of its completion.

A marriage may be nullified if it does not adhere to the formalities set out in the Marriage Act 1949 and Matrimonial Causes Act 1973. This includes not having it solemnized by a competent marriage officer or having two reliable witnesses present during the ceremony.

Marriage may also be declared null and void if neither party gave their free and voluntary consent to be married. This could have occurred due to duress or because the parties did not know each other before the ceremony.

In certain circumstances, marriages may be annulled because one or both parties were under the legal age of consent at the time of ceremony. This includes children under age 18.

Conversely, a marriage could be declared null and void if either party was unable to consent at the time. This is especially true if someone suffers from mental incapacity or illness.

Finally, a marriage may be null and void if the parties weren’t living in the same country or domiciled there at the time of its execution. This is because marriages that take place abroad are usually only recognized in their home nation according to its laws and customs.

However, marriages that take place in England and Wales are valid if certain criteria are met. Usually, both parties must be over 16 at the time of the ceremony, neither is already married, and there is no polygamous or incestuous relationship between them.

A marriage may be declared null and void if one or both parties were absent, believed to be deceased, or physically incapacitated at the time of its ceremony. This is especially true if children under age of consent were present during the union.

What is a child arrangement order?

When a relationship ends and children are involved, the parents must agree on how to care for their kids. This could include decisions about where the kids live, contact details, access and custody arrangements. Sometimes these issues can be solved through mediation but in certain instances litigation may be necessary.

A child arrangement order (CAO) is a legal document that outlines the arrangements for your children. It replaces residence orders and contact orders and is often sought by separated parents when they cannot come to an agreement on their own.

The’residence’ part of an order usually lasts until the child reaches sixteen or eighteen years old, unless specifically stated otherwise. If a child returns home with one parent after separation or divorce, that parent’s’residence’ aspect of the order expires after six months unless extended.

If you’re thinking of applying for a CAO, a solicitor can assist with the process and give advice on which documents to include in your application. They will also guarantee that it is served properly on the other parent or guardian.

Before the court can make a Child Arrangement Order, they require evidence from both sides and request CAFCASS’ (Children and Family Court Advisory and Support Service) Section 7 Report. This report serves to give the Court an indication of what would be in the best interests of the child.

A mediator will then convene a meeting with both parties in an effort to reach resolution. If this fails, the case will be scheduled for final hearing.

After the final hearing, a judge will make their determination on child custody arrangements and record it in an Order from the Court. Their primary focus always remains on safeguarding the best interests of the child.

If someone violates the terms of a child arrangement order without good reason, the Court can take steps to enforce it. This may include issuing a Contact Enforcement Order or issuing fines or other punishment for the transgressor.

What is an enforcement order?

An enforcement order is a court document that compels someone to comply with a judgment or order made against them. These can be issued by either magistrate courts or higher courts, depending on the specific facts of the case.

If your child arrangements order (also known as a contact arrangement or residence order) has not been adhered to and one parent has broken it, then you may be eligible for an enforcement order from the family courts. They will assess whether there is any reasonable excuse for noncompliance and how serious any breaches are.

When applying for an enforcement order, you must present evidence to the court demonstrating why a parent has broken the terms of their child arrangements order. This information will determine whether they are likely to uphold it or if changing the order will ensure both parents abide by its conditions.

During the enforcement process, the court will assess how serious the breaches are and their potential effects on children. In certain instances, judges may opt to send parents to mediation so they can attempt to settle their differences without going to court.

In other cases, the court may impose an enforcement order and fine or in extreme cases commit the party in breach to prison. These measures should only be used as a last resort since they can conflict with the family court’s duty to act in the children’s best interests.

Courts may require those found in breach of an order to perform community service work for between 40 and 200 hours. This could include working with a social worker or providing assistance to those who require it with their job duties.

If your ex-partner violates the terms of their contact order and you have suffered financial loss as a result, the court may grant them compensation. This could include travel costs, missed sessions at a contact centre and more.