All Activity

Hi @angiecm, This is a very stressful situation, and it's understandable that you're concerned. Here are a few options and the potential consequences, based on the information you've provided Your Liability & Credit Rating Joint Mortgage Liability: Because your name remains on the mortgage, you are jointly and severally liable for the debt. This means the lender can pursue either or both of you for the full amount owed. Credit Blacklisting: Yes, the missed mortgage payments and the impending court action will likely have a severe negative impact on your credit score. This will make it difficult to obtain credit in the future. Court Action: The lender is taking legal action, and you will be named in the proceedings. Ignoring this will not make it go away. Your Options Contact the Lender Immediately: This is your top priority. Explain your situation and request information about the outstanding debt and the legal proceedings. You need to be proactive and understand the exact status of the mortgage. Seek Legal Advice: You need a solicitor specializing in property and family law as soon as possible. They can advise you on your rights and options, including: Forcing a Sale: You may be able to apply to the court for an order for sale, even if your ex-husband disagrees. A solicitor can guide you through this process. Speed is essential here. Negotiating with the Lender: Your solicitor may be able to negotiate a payment plan or other arrangement with the lender to mitigate the damage to your credit rating and potentially avoid further legal action. Divorce Order Enforcement: If your divorce order clearly states that he was to remove your name from the mortgage, your solicitor can advise you on how to enforce that order. Mediation: If possible, try to engage in mediation with your ex-husband. This could help you reach an agreement on how to resolve the situation, such as agreeing to a quick sale. Document Everything: Keep detailed records of all communication with your ex-husband, the lender, and your solicitor. Bailiffs & Your Current Assets Bailiffs & Joint Liability: If a judgment is obtained against you, bailiffs could be instructed to recover the debt. Goods in Your Current Home: Proving Ownership: Bailiffs can only seize goods that belong to the debtor(s). You will need to provide proof of ownership for your belongings. Keep receipts, bank statements, and any other relevant documents. Jointly Owned Items: Proving ownership of items within a marital home can be very difficult. Bailiffs often assume that goods in a property are jointly owned. Your Separate Assets: It is very important that you can prove that items belong to you and not your ex. Financed Car: Finance Agreement: If the car is on finance in your name, it is likely that the finance company retains ownership until the loan is paid off. Bailiffs cannot seize goods that do not belong to the debtor. Vulnerability: However, even if they cannot take it, the stress of bailiffs visiting your home and questioning your possessions is very real. Your Remarriage: Your current spouse's assets are generally protected, but proving what belongs to whom can be a challenge. This situation is complex so it's essential to get professional legal advice tailored to your specific circumstances.

As part of my divorce my ex was supposed to remove me from the mortgage. This didnt happen and I didnt push it as I knew he would have to sell the house and my (adult) children still lived there. This was in 2016. I have recently found out (because I was refused a SIM card) that he has stopped paying the mortgage and is being taken to court - I knew nothing of this. What are my options please? I have tried to contact my Ex but he ignored me. I am assuming that because my name is still on the mortgage I will be blacklisted. Can I force a quick sale to prevent court action even if he disagrees? I am remarried and we have a house, car etc - if bailiffs come to our home can they remove goods, how will they define what is mine? Our car is on finance but in my name - can they take that? Sorry for all the questions but I dont know what to do. Thanks for your time.

Hi @Jjf, That sounds incredibly frustrating, you're in a difficult situation and it's understandable that you're seeking clarity. Here are some potential actions you can take; The order strongly suggests that both parties are intended to contribute to the cost of repairs, otherwise, there would be no logical reason to obtain 3 quotes. The purpose of obtaining multiple quotes is to ensure a fair price for work that both parties are expected to pay for. It is very common for structural repairs to be split equally between co-owners. While the financial order implies shared responsibility, the lack of explicit wording makes it difficult to definitively say your ex is in clear breach. However, his refusal to contribute, despite the previous agreement and the documented need for repairs, is likely to be viewed unfavourably by a court. The fact that the work was agreed to be done prior to the divorce, but was delayed due to the pandemic, strengthens your case. It's important for you to document everything, keep meticulous records of all communication with your ex, including emails, letters, and any verbal agreements. Retain copies of the original quotes, any new quotes you obtain, and any receipts for work you pay for. Take photographs and videos of the deteriorating condition of the gutters and rendering. Consider sending a formal "letter before action" through a solicitor. This letter would clearly state your position, reference the financial order, and demand that your ex contribute his share of the repair costs. This formal letter may bring him to the table, and avoid court. You could apply to the court for a variation of the financial order or for enforcement of the existing order, however this would require legal representation, which can be expensive. If you choose to wait until the end of the mesher order, you can then present all your evidence to the court when the property is sold, and request a larger share of the equity to reflect the costs you incurred. In summary, while the financial order is somewhat ambiguous, you have a strong argument that your ex should contribute to the necessary repairs. Document everything, seek legal advice, and consider mediation before taking further action. It's strongly recommended that you consult with a family law solicitor - they can provide tailored advice based on your specific circumstances. Peter

Hi, My ex and I are divorced and have a mesher order for me to live in the house for the next 5 years with the children. Our financial order states “for house repairs, three quotes are to be obtained”. It does not state who pays for the repairs but I assume this means we pay equally for structural repairs to the house as we are both co-owners. Five years ago my now ex deemed it necessary to repair the gutters, soffits and rendering of our house and we had quotes and had agreed for the work to be carried out. We never had the work done due to lockdown and then our divorce. The work still needs doing and the cracks in the rendering and condition of the gutters is deteriorating. I have emailed the original quote to my ex and told him this work does still need doing and he is refusing to pay anything towards it and states it is not his problem and he has his own house to maintain. (A house he has recently bought so not a rental where he wouldn’t profit from any maintenance). Am I right in thinking the court order implies it is both our responsibility, otherwise why the need to obtain 3 quotes and is he in breach if he refuses to pay half? I assume all I could do in that case is document all the costs I have paid (I am on benefits and cannot afford to pay the full cost of repairs currently, he earns a substantial wage) and present this to court in 5 years time and ask for a bigger share of the equity? many thanks for any advice/info.

Hi @pg101, This sounds like a really tough situation. It's understandable that you're struggling with your emotions even though you understand the divorce is happening. Your wife's behaviour, while likely unintentional, is making it even harder for you to process things. What are your longer term plans, are you both planning to sell the house or will one of you remain in the house and the other move out ? It's very difficult to move on whilst you're both still living together. It's good that you are still being friendly with each other, hopefully the atmosphere is ok for your daughter.

My wife is divorcing me after 21 years of marriage. We have had close shaves several times in the past, and we are finally divorcing. I didn't want to get divorced. We're still living together with our 16-year-old daughter, while we work through our finances. I'm experiencing the usual feelings of rejection and struggle to see how I can move on to acceptance while we're together in the home. My wife however appears to have moved on to acceptance as she divorced me. We're still fond of one another and we still do things and say things as though we're still together. She calls me darling; she wears clothing that she wouldn't wear in front of another man. for her, I guess, that's ok because she has moved on, but for me it's a constant and head bending reminder of what I'm hanging on to emotionally even though my head accepts the divorce is happening. What to do?

Parental Alienation is a term used to describe a situation where one parent manipulates a child into showing unwarranted fear, disrespect, or hostility toward the other parent. It often occurs in the context of high-conflict divorces or separations and can have serious emotional and psychological effects on the child. Characteristics of Parental Alienation Unjustified Rejection - The child’s rejection of the alienated parent is disproportionate to any actual negative experience with that parent Lack of Ambivalence - The child views the alienating parent as entirely good and the alienated parent as entirely bad Absence of Guilt - The child feels no remorse or guilt about rejecting or mistreating the alienated parent Borrowed Narratives - The child’s complaints about the alienated parent often mirror those of the alienating parent, suggesting indoctrination rather than personal experience Automatic Support - The child reflexively supports the alienating parent in any conflict Methods of Alienation Negative Talk - The alienating parent frequently badmouths the other parent in front of the child Limiting Contact - The alienating parent restricts or interferes with the child’s time with the other parent Undermining Authority - The alienating parent diminishes the other parent’s role, authority, or contributions False Allegations - The alienating parent might make false accusations, such as abuse, against the other parent Effects on the Child Parental alienation can harm the child in multiple ways, including: Emotional distress and confusion Difficulty forming healthy relationships Increased risk of depression, anxiety, and low self-esteem Struggles with identity and trust issues Links https://parentalalienationuk.info https://nash.co.uk/insights/parental-alienation https://www.ncsc.org/__data/assets/pdf_file/0014/42152/parental_alienation_Lewis.pdf https://www.fathers-4-justice.org/2017/04/parental-alienation-child-abuse/ https://en.wikipedia.org/wiki/Parental_alienation

Form E is a financial statement used in divorce proceedings in the UK. It's a comprehensive document that requires both parties to provide detailed information about their financial situation, including income, assets, debts, and expenses. Here's what Form E is used for: Full financial disclosure: It helps ensure that both parties have a complete understanding of each other's financial circumstances. Fair division of assets: The court uses the information provided in Form E to make decisions about a fair division of assets and liabilities. Calculating maintenance payments: It helps determine the amount of maintenance payments, if any, that one spouse should pay to the other. When to use Form E Court proceedings: If your divorce case goes to court, Form E is mandatory. Mediation: Even if you're trying to reach an agreement through mediation, exchanging Form E can help facilitate a fair settlement. Important to note Complexity: Form E is a lengthy and detailed document that can be complex to complete. It's advisable to seek legal advice when filling it out. Supporting documents: You'll need to provide supporting documents, such as bank statements, tax returns, and property valuations, to substantiate the information in Form E. By completing Form E accurately and honestly, you can help ensure a fair and equitable financial settlement during your divorce. Sources & Related Content https://tyrerroxburgh.co.uk/news/understanding-the-importance-of-form-e-in-divorce-proceedings/ https://www.gov.uk/government/publications/form-e-financial-statement-for-a-financial-order-matrimonial-causes-act-1973-civil-partnership-act-2004-for-financial-relief-after-an-overseas#:~:text= https://www.cripps.co.uk/thinking/how-to-fill-in-your-form-e-tips-tricks-and-points-to-consider/ https://bbslaw.co.uk/full-and-frank-disclosure-demystifying-the-form-e/#:~:text=Well-prepared Forms E will,aid negotiations and early settlement https://tyrerroxburgh.co.uk/news/understanding-the-importance-of-form-e-in-divorce-proceedings/#:~:text=Form E is important because,regarding the division of assets%2C https://www.otssolicitors.co.uk/news/what-is-form-e-in-divorce/#:~:text=Form E is the document,an application made by their https://mcolaw.com/family-law-insights-understanding-form-e-in-divorce/#:~:text=It can also be used,to exchange financial disclosure through https://hawkinsfamilylaw.co.uk/family-law-advice/what-is-a-form-e-in-divorce/#:~:text=If Form Es are not,%2C debts%2C income and pensions.

Form A is a legal document used in the UK to initiate financial proceedings during a divorce or dissolution of a civil partnership. It's essentially a notice of intention to proceed with a financial application. Here's what Form A is used for: Seeking financial orders: It allows you to apply for various financial orders, such as: Maintenance pending suit (interim maintenance): Temporary financial support while the divorce proceedings are ongoing. Lump sum order: A one-time payment to one spouse. Property adjustment order: Transferring property ownership between spouses. Periodical payments order (maintenance): Regular payments to one spouse. Pension sharing order: Dividing pension entitlements. Pension compensation order: Compensating for loss of pension rights. When to use Form A Unable to reach agreement: If you and your spouse cannot agree on financial matters, you can use Form A to start formal court proceedings. After mediation: If mediation fails to resolve financial issues, you can use Form A to take the matter to court. Important to note MIAM requirement: Before filing Form A, you usually need to attend a Mediation Information and Assessment Meeting (MIAM) unless there are specific exemptions, such as domestic abuse. Legal advice: It's advisable to seek legal advice before completing Form A to ensure you understand your rights and options. For more detailed information, you can refer to the official government website https://www.gov.uk/government/publications/form-a-notice-of-intention-to-proceed-with-an-application-for-a-financial-order Sources & Related Content https://resolution.org.uk/looking-for-help/splitting-up/your-process-options-for-divorce-and-dissolution/representing-yourself-in-court-as-a-litigant-in-person/financial-applications/

To avoid potential financial pitfalls, it's crucial to finalize a divorce and settle all financial matters as soon as possible. Delaying these decisions can have significant consequences, as a court's ruling will be based on the parties' current financial situation, which can change dramatically over time.

While a 50/50 split of the house before divorce can be a convenient and amicable solution for some couples, it's important to be aware of the potential issues that may arise. Legal Implications Court Intervention: Even if you've agreed to a 50/50 split, a court may still review the arrangement during the divorce process. If the court deems the split unfair or unreasonable, it could adjust the division of assets. Lack of Formal Agreement: Without a legally binding agreement, either party could potentially challenge the 50/50 split later on, especially if circumstances change significantly. Financial Considerations Unequal Contributions: If one spouse contributed more to the down payment or mortgage payments, a 50/50 split might not be equitable. Future Financial Needs: The 50/50 split might not adequately address the financial needs of both parties, especially if one spouse has lower earning potential or significant caregiving responsibilities. Tax Implications: Selling the house before the divorce is finalized could have tax implications, such as capital gains tax. Emotional Factors Delayed Closure: Selling the house before the divorce is finalized can prolong the emotional impact of the separation and make it harder to move on. Potential for Conflict: If one spouse feels the 50/50 split is unfair, it could lead to further conflict and bitterness. Alternatives to Consider Mediation or Collaborative Divorce: These approaches can help you reach a fair and equitable agreement without going to court. Legal Separation: This option allows you to separate legally without immediately divorcing, giving you time to work out financial arrangements and other details. Important Considerations Seek Legal Advice: Consult with a family law attorney to understand your rights and options. Document Everything: Keep detailed records of all financial contributions, expenses, and agreements. Consider a Formal Agreement: A legally binding agreement can protect your interests and reduce the risk of future disputes. Ultimately, the decision of whether to split the house 50/50 before divorce depends on your individual circumstances and the specific details of your situation. It's crucial to weigh the potential benefits and drawbacks carefully and seek professional advice to make an informed decision. Sources & Related Content https://www.gulbenkian.co.uk/uk-divorce-is-it-a-50-50-split/#:~:text=The Court is not bound,case before making a decision. https://www.mediateuk.co.uk/should-you-sell-your-family-home-before-your-divorce-is-finalised/#:~:text=2 – Tax Consequences%3A Depending on,such as capital gains tax. https://www.citizensadvice.org.uk/family/how-to-separate1/ways-to-end-your-marriage/#:~:text=A legal separation is a,as a 'judicial separation'.

Here is a list of links to parenting plan templates, please reply to this topic if you find any other useful ones Cafcass Parenting Plan https://www.cafcass.gov.uk/sites/default/files/2023-07/Parenting plan word version.docx NACCC Parenting Plan https://naccc.org.uk/wp-content/uploads/2024/01/Parenting-Plan.pdf RC Solicitors Parenting Plan https://www.cafcass.gov.uk/sites/default/files/2023-07/Parenting plan word version.docx Staffordshire Mediation Parenting Plan https://www.staffordshiremediation.co.uk/exampledocuments OurFamilyWizard Parenting Plan https://www.ourfamilywizard.com/knowledge-center/solutions/parenting-plans Resolution Parenting Plan https://resolution.org.uk/collaborative-practice/handbook/resources/parenting-plans/ Family Lives Parenting Plan https://www.familylives.org.uk/ Gingerbread Parenting Plan https://www.gingerbread.org.uk/wp-content/uploads/2017/08/Making-arrangements-for-your-children.pdf National Childbirth Trust (NCT) Parenting Plan https://www.cafcass.gov.uk/sites/default/files/2023-07/Parenting plan word version.docx Child Law Advice Parenting Plan https://childlawadvice.org.uk/ Family Law Self Help Center Parenting Plan https://www.familylawselfhelpcenter.org/forms Citizen Advice Parenting Plan https://www.citizensadvice.org.uk/family/making-agreements-about-your-children/ Law Society of England and Wales Parenting Plan https://www.cafcass.gov.uk/sites/default/files/2023-07/Parenting plan word version.docx Bar Council Parenting Plan https://www.barcouncil.gov.bd/category/notice-board/ Mediation Council Parenting Plan https://www.gov.uk/looking-after-children-divorce/mediation Coram Family and Childcare Parenting Plan https://www.coram.org.uk/what-we-do/our-work-and-impact/coram-family-and-childcare/ National Family Mediation Parenting Plan https://www.mauimediation.org/parenting-plan/ Family Rights Group Parenting Plan https://frg.org.uk/ Rights of Women Parenting Plan https://www.rightsofwomen.org.uk/get-advice/family-law-information/ Tavistock and Portman NHS Foundation Trust Parenting Plan https://www.cafcass.gov.uk/sites/default/files/2023-07/Parenting plan word version.docx

Another article on 50/50 custody benefits & why shared parenting is important ... https://timtab.com/50-50-custody-benefits-why-shared-parenting-important/

In the context of family law and divorce proceedings in England and Wales, an undertaking is a formal promise made by one party to the court. It's a serious commitment to do or refrain from doing something. Key features of an undertaking Legally binding: It's not just a casual promise; it's enforceable by the court. Made to the court: Even if it benefits the other party, the promise is technically made to the court. Consequences for breach: Breaking an undertaking can have serious consequences, including: Being held in contempt of court Fines Imprisonment (in extreme cases) Can be given instead of a court order: In some cases, an undertaking can achieve the same outcome as a court order, but without the need for a formal order. Examples of undertakings in divorce Financial To pay a certain amount of money by a specific date To transfer ownership of an asset (e.g., a car) To remove your name from a mortgage Children To return a child to the other parent after a visit To not remove a child from the jurisdiction To not make disparaging remarks about the other parent in front of the children When might an undertaking be used? To avoid a court order: If parties agree on an action, an undertaking can formalize it without the need for a court order. To show good faith: Offering an undertaking can demonstrate a willingness to cooperate and resolve matters. To address urgent issues: An undertaking can provide a quick solution while waiting for a court hearing. Important points Think carefully before giving an undertaking: Make sure you understand the commitment you're making and can realistically fulfill it. Get legal advice: A solicitor can advise on whether an undertaking is appropriate in your situation and ensure it's worded correctly. Don't breach an undertaking: Take it seriously, as the consequences can be severe. If you're asked to give an undertaking or are considering offering one, it's crucial to seek legal advice to understand the implications and ensure you're protected. Sources & Related Content https://www.rixandkay.co.uk/2023/02/08/the-difference-between-undertakings-and-orders-in-family-law/#:~:text=An Undertaking is defined as,upon the person making it. https://coodes.co.uk/legal-jargon/what-is-an-undertaking/#:~:text=Undertakings are a common part,%2C or not do%2C something. https://hunteranduro.co.uk/undertakings/ https://www.clough-willis.co.uk/news-events/what-is-an-undertaking-in-family-Law#:~:text=If you are taken to,consequences for breaching an undertaking. https://www.herbertsmithfreehills.com/notes/litigation/2022-12/court-can-refuse-to-accept-a-partys-undertakings-as-part-of-settlement#:~:text=The court noted that%2C where,proceedings for contempt of court. https://supportnav.org.uk/protection/legal-protection/after-applying/undertakings https://www.markreynoldssolicitors.co.uk/what-is-an-undertaking-in-family-law/#:~:text=In family law%2C an undertaking,need for a court order. https://foskettmarr.co.uk/faq-what-is-an-undertaking/

Related topics ...

A Prohibited Steps Order (PSO) is a type of court order in the UK that prevents a person, usually a parent, from taking specific actions related to a child without the court's permission. Think of it as a "stop order" designed to protect a child's welfare. What can a PSO do? It can restrict a wide range of actions, such as: Relocating a child: This includes moving the child to a different area within the UK or taking them abroad. Changing a child's surname: A PSO can prevent a parent from unilaterally changing their child's surname. Making medical decisions: It can prevent a parent from consenting to certain medical procedures or treatments for the child. Removing a child from school: A PSO can ensure a child remains in their current school. Taking a child on holiday: It can prevent a parent from taking a child on holiday without consent. Who can apply for a PSO? Anyone with parental responsibility for a child can apply for a PSO. This usually includes: Mothers Fathers Guardians People named in a Child Arrangements Order When are PSOs granted? Courts will only grant a PSO if it's in the child's best interests. This might be the case if there are concerns about: Child abduction Domestic abuse Unilateral decision-making by one parent Potential harm to the child Important: PSOs are serious legal orders. Breaching a PSO is a contempt of court and can result in penalties, including fines or imprisonment. If you are considering applying for a PSO or have been served with one, it's crucial to seek legal advice from a family law solicitor. They can guide you through the process and ensure your rights and the child's welfare are protected. Sources & Related Content https://support.dadsunltd.org.uk/portal/en-gb/kb/articles/prohibited-steps-order-pso https://childlawadvice.org.uk/information-pages/travel-and-relocation/#:~:text=Please keep in mind that,responsibility from travelling or relocating https://www.gnlaw.co.uk/news/prohibited-steps-orders/#:~:text=If one parent is seeking,the child's name being changed. https://www.weightmans.com/insights/prohibited-steps-orders-what-are-they/#:~:text=What is a prohibited steps,the permission of the court. https://nationallegalservice.co.uk/what-is-a-prohibited-steps-order/#:~:text=Such orders usually stop a,removing a child from school%2C https://www.elitelawsolicitors.co.uk/prohibited-steps-order/#:~:text=Issuance of the Prohibited Steps,it will issue the order. https://family-law.co.uk/services/children-family/prohibited-steps-order/ https://www.ellisonssolicitors.com/news/what-can-i-do-if-my-ex-breaches-a-child-arrangements-order/

False allegations of domestic violence are a serious issue, impacting individuals and families in the UK. These accusations can arise for various reasons, including: Relationship Breakdown Some individuals may fabricate abuse claims to gain an advantage in separation or divorce proceedings, especially when child custody is disputed. Retaliation False allegations can be a form of revenge or punishment within a troubled relationship. Control In some cases, false accusations are used to manipulate and exert control over a partner. It's important to remember that while false accusations do occur, domestic violence is a widespread problem, and genuine victims deserve support and protection. While false accusations do occur, they are not as common as some might believe. It's crucial to take all allegations of domestic abuse seriously, but also to ensure that those accused of such crimes have access to fair legal processes. It's important to understand that making false accusations of domestic violence has serious consequences. If someone falsely accuses you, they could face legal repercussions. Initial False Report Filing a false police report is a crime in itself. This could lead to a prison sentence of up to six months. Providing False Evidence If the accuser goes further and fabricates evidence for the police or social services, they are committing a more serious offence known as "perverting the course of justice." Lying in Court If the case goes to court and the accuser continues to lie under oath, they are committing perjury. This is a serious crime with potentially severe penalties. All of these actions are punishable by law and could result in a significant prison sentence for the accuser.

Hi Tanya, Sorry for the delay, how did your hearing go ? From my own experience a barrister is worth every penny, hopefully your barrister delivered on the day for you. How did your evidence gathering go, I've learnt it's incredibly important to gather as much evidence as possible and get everything logged along the way. It turns out all this evidence is absolutely critical when you eventually go to court, the judge will take a very dim view of your ex's lies - this should help you a lot if you can prove it. It sounds like you did the right thing moving out, you can show you did this to protect the children which in the eyes of the court is the most important thing to address. In the short term I'm sure it was stressful and resulted in you struggling financially however you & the children will definitely come out better in the long term as a result. If your case ended up as a Mesher order it may have ended up with you being in the house until the girls were 18 rather than him. I'm keen to know how it went in the end - was this a final hearing ?

An ES1 document is a key form used in financial remedy proceedings in England and Wales. Essentially, it's a case summary that provides the court with a snapshot of the financial situation of a divorcing or separating couple. Purpose Efficiently summarize the case: It gives the judge a concise overview of the key information, saving them time and effort. Identify areas of agreement and disagreement: Both parties provide their perspective on key issues, highlighting where they agree and disagree. Track costs: It includes a section for recording legal costs, promoting transparency and awareness of expenses. Contents Background information: Names of parties, dates of marriage, cohabitation, separation, details of children, solicitors involved, etc. Financial information: Brief overview of assets, liabilities, and income (more detailed information is provided in the accompanying ES2 form). Issues in dispute: Identifies the key financial matters the court needs to resolve, such as property division, spousal maintenance, child support. Positions of the parties: Each party briefly outlines their desired outcome and their arguments. When is it used? Before every hearing: An ES1 needs to be submitted to the court before any hearing related to financial remedies. Financial Remedy Court: Primarily used in the Financial Remedy Court, which handles financial matters arising from divorce or separation. Why is it important? Promotes transparency: Ensures both parties and the court have a clear understanding of the situation. Facilitates settlement: Helps identify common ground and areas of disagreement, potentially leading to quicker resolutions. Assists the court: Provides the judge with a concise summary, enabling them to manage the case effectively. Where to find it Online resources: You can find templates and guidance on completing the ES1 form on websites like the Ministry of Justice and Resolution.org.uk. Solicitors: Your solicitor will be able to assist you in completing the ES1 form and submitting it to the court. If you're going through a divorce or separation and need to sort out financial matters, understanding the ES1 document is crucial. It's a key tool in ensuring a smooth and efficient process within the family court system. Sources & Related Content https://resolution.org.uk/looking-for-help/splitting-up/your-process-options-for-divorce-and-dissolution/representing-yourself-in-court-as-a-litigant-in-person/financial-applications/#:~:text=The ES1 is a short,positions on the main issues. https://www.weightmans.com/media-centre/news/all-change-in-the-family-court-a-review-of-recent-reforms-designed-to-improve-efficiency/ https://www.no5.com/2024/08/financial-remedies-proceedings-a-basic-guide/ https://www.gov.uk/government/publications/myhmcts-financial-remedy-services-for-legal-professionals/quick-guide-for-using-contested-financial-remedy-services-with-myhmcts https://iflg.uk.com/blog/the-family-courts-transparency-pilot-scheme-one-year-on https://marks-law.co.uk/financial-proceedings-upon-divorce/ Related Videos

A "without prejudice" offer is a legal tool used in settlement negotiations to encourage open and honest communication between parties involved in a dispute. It essentially means that any offer made, whether accepted or rejected, cannot be used as evidence against the offering party in court if the case proceeds to trial. Key Features Encourages settlement: By allowing parties to make offers without fear of those offers being used against them later, it creates a safe space for negotiation and compromise. Protects parties' positions: If an offer is rejected, the offering party won't be prejudiced by it in court. This allows them to make concessions during negotiations without weakening their case if the matter goes to trial. Applies to various communications: While often used in written offers, it can also apply to verbal negotiations if explicitly stated at the beginning of the discussion. Must be a genuine attempt to settle: The without prejudice rule only applies if the communication is a genuine attempt to resolve the dispute. If it's used to threaten or intimidate the other party, it may not be protected. How it works in practice Imagine two parties are in a dispute over a contract. One party might make a "without prejudice" offer to settle the matter for a certain amount. If the other party rejects the offer, this rejection and the amount offered cannot be brought up in court as evidence of liability or weakness in the offering party's case. Important points Clear labeling: It's crucial to clearly mark any without prejudice communication, usually with the phrase "without prejudice" at the beginning. Exceptions exist: There are exceptions to the without prejudice rule, such as if the communication reveals an unambiguous impropriety or if it's used to mislead the court. Benefits Facilitates open communication: Parties can be more frank and make concessions without fear of jeopardizing their legal position. Increases chances of settlement: By creating a safe space for negotiation, it encourages parties to find common ground and resolve disputes amicably. Saves time and costs: Reaching a settlement avoids the time, expense, and stress of a trial. In conclusion, a without prejudice offer is a valuable tool for resolving disputes outside of court. It promotes open communication and compromise, ultimately increasing the likelihood of reaching a mutually acceptable settlement.

This is a tricky situation, here's the breakdown of how Child Maintenance Service (CMS) calculations interact with Financial Remedy Orders Generally, No - But There Are Exceptions 12-month Rule: A Financial Remedy Order typically includes a clause about child maintenance. However, after 12 months, either parent can approach the CMS to calculate child maintenance. If this happens, the CMS calculation overrides the amount in the order. Why this exists: It's a safeguard to ensure children's needs are met even if circumstances change significantly. When the CMS Can't Intervene "Top-Up" Orders: If the court order specifies a child maintenance amount higher than the CMS would calculate, the CMS cannot get involved. This is often done when complex financial situations exist. Specific Circumstances: There are rare cases where the court might make a child maintenance order that's specifically designed to be outside the CMS's jurisdiction. This is unusual and requires strong justification. What if the CMS is Asked to Calculate? Potential for Increase: If the paying parent's income has increased significantly since the Financial Remedy Order, the CMS might calculate a higher amount. Not Always Higher: It's also possible the CMS calculation could be lower than the agreed amount, depending on circumstances. Important Considerations Variation of Orders: If circumstances change significantly, it's possible to apply to the court to vary the original Financial Remedy Order. This is separate from the CMS process. Legal Advice is Crucial: If you're facing a situation where the CMS might be asked to calculate, or if you want to vary an existing order, get legal advice from a family law specialist. If your ex is trying to use the CMS to increase the child maintenance payments you should Check your Financial Remedy Order: Does it have a standard child maintenance clause, or is it a "top-up" order? Seek Legal Advice: A solicitor can advise you on whether the CMS can intervene and what your options are, including potentially varying the order. It's important to act quickly and understand your rights and obligations. Sources and related content https://www.kingstreetsolicitors.co.uk/understanding-financial-remedy-orders/ https://www.thedivorcesurgery.co.uk/child-maintenance-calculations-and-the-cms/#:~:text=Any such Order would only,CMS for an updated assessment. https://www.thefamilylawco.co.uk/blog/children/what-you-need-to-know-about-child-maintenance/#:~:text=Whatever sum the CMS stipulates,Q.

A Child Arrangements Order is a legal document issued by a court in England and Wales that sets out the arrangements for a child whose parents are separating or divorcing. It replaces the older orders of residence and contact. What does it cover? With whom a child lives: This determines where the child's primary residence will be. It might be with one parent, or it could involve shared care where the child spends significant time with both parents. When a child spends time with each parent: This outlines the time the child spends with each parent, including overnight stays, holidays, and special occasions. Other types of contact: This can include phone calls, video calls, letters, and emails. Who can apply for a Child Arrangements Order? Parents with parental responsibility Other people with parental responsibility (e.g., guardians) Step-parents in certain circumstances Other relatives or individuals with a close connection to the child (but they may need the court's permission first) Why is it necessary? When parents can't agree on living and contact arrangements for their children. To provide a clear and legally binding framework for child arrangements, ensuring stability and consistency for the child. To ensure the child's welfare is the paramount consideration. How is it obtained? Mediation: Parents are encouraged to attend mediation to try and reach an agreement before going to court. Court application: If mediation is unsuccessful or inappropriate, an application can be made to the court. Court process: The court will consider the child's best interests, taking into account factors like their age, wishes, and any potential risks. Key principles: Child's welfare is paramount: The court's primary concern is the child's best interests. No presumption of equal time: There's no automatic assumption that children should spend equal time with each parent. Parental involvement: The court encourages both parents to be involved in their child's life, unless it's harmful to the child. Important: It's crucial to seek legal advice from a family law specialist to understand your rights and options regarding Child Arrangements Orders. Sources & Related Content https://www.gov.uk/looking-after-children-divorce/types-of-court-order#:~:text=A 'child arrangements order' decides,where your child lives https://www.elitelawsolicitors.co.uk/child-arrangement-order-guide/#:~:text=A Child Arrangement Order is most commonly issued to the,those parents separate or divorce. https://childlawadvice.org.uk/information-pages/explaining-the-legality-of-a-child-arrangements-order/#:~:text=A Child Arrangements Order is,child is to live%2C spend https://www.gov.uk/government/publications/dealing-with-issues-relating-to-parental-responsibility/understanding-and-dealing-with-issues-relating-to-parental-responsibility https://www.russell-cooke.co.uk/news-and-insights/news/what-are-the-legal-options-for-step-parents-who-want-to-formalise-their-relationship-with-their-step-children#:~:text=Another option for step-parents,to formalise the child's living https://mensadviceline.org.uk/legal-information/child-arrangement-orders/#:~:text=What are the benefits of,Court is the child's welfare. https://www.hepburndelaney.co.uk/what-is-a-child-arrangements-order/#:~:text=What is a child arrangement,the care of a child. https://helpwithchildarrangements.service.justice.gov.uk/going-to-court#:~:text=Step 2 Choose to hire a lawyer or represent yourself&A lawyer can be expensive,and represent you in court.

A Financial Remedy Order (also known as a financial order or a consent order) is a legally binding agreement made by a court in England and Wales during divorce or dissolution of a civil partnership. It sets out how a couple's assets will be divided and any ongoing financial arrangements. It covers the following ... Division of assets Property (family home, other properties, sometimes inherited property) Savings and investments (bank accounts, ISAs, shares) Pensions (often a significant asset, may involve pension sharing) Other assets (cars, artwork, valuable items) Financial support Spousal maintenance (regular payments from one party to the other) Child maintenance (payments for the financial support of children) When is it necessary? When a couple can't agree on how to divide their finances during a divorce or separation. To formalize an agreement reached between the couple, making it legally binding. How is it obtained? If an agreement is reached, it can be submitted to the court for approval as a consent order. If no agreement is reached, the court will make a decision after a series of steps, including: Form E: Financial disclosure by both parties. First Appointment: Preliminary court hearing. Financial Dispute Resolution (FDR): Attempt to reach an agreement with a judge's help. Final Hearing: If no agreement at FDR, a judge makes a final decision. Key Features Legally binding: Both parties must comply with its terms. Finality: Aims to provide a clean break and prevent future financial claims. Flexibility: Can be varied in certain circumstances (e.g., significant change in financial situation). Benefits Ensures a fair division of assets and provides financial security. Avoids future disputes by clearly outlining financial arrangements. Provides a clean break, allowing both parties to move forward. Important: It's crucial to seek legal advice from a family law specialist to understand your rights and options regarding financial remedy orders. Sources & Related Content https://www.gov.uk/money-property-when-relationship-ends/get-court-to-decide https://osborneslaw.com/blog/financial-remedy-order/#:~:text=A Financial Remedy Order is,other assets after a separation. https://anthonygold.co.uk/latest/blog/financial-settlement-in-divorce-guide https://www.fjg.co.uk/financial-remedy-order-affect-welfare-benefits/#:~:text=It can include provisions for,spousal maintenance%2C and pension sharing. https://www.brabners.com/insights/brabners-personal/a-guide-to-financial-remedy-proceedings#:~:text=Financial remedy proceedings are a,dissolution of a civil partnership. https://resolution.org.uk/looking-for-help/splitting-up/your-process-options-for-divorce-and-dissolution/representing-yourself-in-court-as-a-litigant-in-person/financial-applications/ https://www.weightmans.com/insights/a-guide-to-financial-remedy-proceedings/ https://www.kingstreetsolicitors.co.uk/understanding-financial-remedy-orders/#:~:text=The order states how the,fair settlement to both parties. https://mensadviceline.org.uk/legal-information/the-court-process-for-obtaining-a-financial-order/#:~:text=The only people present will,a solicitor or a barrister.

A parent's uncooperative behaviour can affect the other parent's right to shared care. While the court's primary focus is always on the best interests of the child, a parent's actions can influence the custody arrangement. Here are some ways a parent's uncooperative behaviour might impact shared care: Hindering Communication If a parent refuses to communicate or makes it difficult to discuss parenting matters, it can create challenges in establishing a shared care arrangement. Denying Access If a parent denies the other parent access to the child, it can be considered a violation of their parental rights and may lead to a modification of the custody arrangement. Alienating the Child If a parent attempts to alienate the child from the other parent, it can harm the child's relationship with both parents. Creating Conflict If a parent consistently creates conflict or makes it difficult to co-parent, it can negatively impact the child's emotional well-being. However, it's important to note that a parent's right to shared care is not automatically revoked due to the other parent's uncooperative behaviour. The court will carefully consider the specific circumstances and the impact on the child's best interests. If you're facing challenges related to shared care, it's advisable to consult with a legal professional to discuss your options and protect your parental rights.

Section 8 of the Children Act 1989 is a crucial component of divorce proceedings involving children. It provides a framework for the court to consider when making decisions about child arrangements. Key points of Section 8 Child's welfare paramount: The court must always consider the child's welfare as the paramount consideration when making decisions. Welfare checklist: The court uses a checklist of factors to assess the child's welfare, including: The child's physical, emotional, and educational needs The child's wishes and feelings, considering their age and understanding The child's relationship with their parents and other significant people in their lives The impact of any change in circumstances on the child Any risk of harm to the child By carefully considering these factors, the court aims to make decisions that are in the best interests of the child.