This blog addresses the potential differences in how, during a separation or divorce, the law approaches cases where a couple are unmarried, married/in a civil partnership and/or have a child together. It also considers how Schedule 1 can be used in cases where the separating couple are not married but have a child/ren and the main carer requires financial provision to meet their child?s needs, aside from any child maintenance provisions. Under Schedule 1 the court is able to make orders for periodical payments (in limited circumstances – this will normally fall under the jurisdiction of the C ..read more

Brexit.? A topic that has been overshadowed the last year by the global Covid-19 pandemic, however, reared its head in January 2021 following the end of the transition period at 11pm on 31 December 2020.? This was the date that the European Union (EU) Regulations and Court of Justice of the European Union decisions stopped applying to all new family cases in England and Wales (as well as much of our other laws).? In relation to divorce cases, there has been changes to the position regarding jurisdiction, which court has the power to determine a dispute, which was previously governed by EU law ..read more

In November 2020, the Family Solutions Group?s (FSG?s) report titled ?What about me? Reframing Support for Families following Parental Separation? was published. With a firm message that ?The ?Family Justice System? is in crisis?, the report sets out the inadequacies in the current system. In particular, it highlights the need for a more child-focused justice system, where the voices of children following a parental separation can be heard – hence the title of the report. This blog will look at the key issues raised by the report and will explore some of the recommendations made by the FSG to ..read more

Many parents are reliant on the financial support they receive via child maintenance payments. However, in cases where the non-resident parent is a high net worth individual, it can be frustrating when the amount of child maintenance paid is relatively low in comparison to the non-resident parent?s wealth. In these circumstances, it may be possible to increase the amount of maintenance payable by way of a ?top-up order?. This blog explores the use of top-up orders further. How is child maintenance calculated? If the parents cannot agree on the amount between themselves, then the figure will be ..read more

It is no secret that across the country the Family Courts have been increasingly overwhelmed. Faced with a backlog of cases and limited resources, extensive court delays have become the norm. In the recent case of Re B (a child) (Unnecessary Private Law Applications), His Honour Judge Wildblood used his judgement to voice his concern over this pressing issue and to emphasise the importance of settling disputes outside of Court where possible. This blog will briefly explore the impact this judgment will have on children proceedings moving forward. A quick look into the case The case was heard a ..read more

Hybrid mediation is a new method of dispute resolution (DR) and has a number of potential benefits over the ?traditional? family mediation model. Hybrid mediation is faster and the lawyer is able to better support the client through the process than in the traditional family law model of mediation. However, as with all DR processes, it?s important that you select the most appropriate one for your personal circumstances. We have put together a case-study below that shows the process of hybrid mediation, so that you can understand how the method works and if it might be the right for you. Zara ..read more

Family law mediation can work for parties even when the matter is complex, factually challenging, and where strong personalities are at play and therefore it is important to debunk the myths and misconceptions to ensure this process method is not overlooked due to a lack of understanding.? When mediation works well it allows parties to find a mutually agreeable solution to the matters in issue. To mark the end of Family Mediation Week I have tackled some common mediation myths below. One party will not provide financial disclosure voluntarily and therefore mediation will not work TRUE ? as med ..read more

Despite the Coronavirus crisis family mediation remains ready and available to help separating families find a way forward in these uncertain times. Mediation with a trained, professional mediator doesn?t have to take place in person with everyone physically present in a room together, in many cases family mediation can happen online via video conferencing. There?s no doubt communicating with people online is different than when you all meet in person. But different doesn?t mean it?s not as effective. You may however feel apprehensive about online mediation, particularly if you are not used to ..read more

What is Child Inclusive Mediation? It does what it says in the name, it?s mediation which includes the children. However, I think the name of Child Inclusive Mediation can be somewhat misleading. Most people now have an understanding of what Family Mediation is. Mediation is a process which a couple can use when their relationship has broken down to resolve the decisions that need to be made. Mediation is used to avoid contested Court proceedings. Child Inclusive Mediation sounds like the child comes along to some of those Mediation meetings and is involved in the main Mediation process. That ..read more

Family breakdown is so often a disorienting experience. Clients often say ?I have never done this before? ? and can feel overwhelmed by the legal terms and procedures at a time when they are preoccupied with how they are going to stretch the finances that ran one joint household to running two separate homes or sort out arrangements for children. We understand that it is a lot of information to take in. That is why for many separating couples, a first individual meeting with a mediator, known as a MIAM or an initial assessment meeting, ?can be an invaluable informal space where an impartial th ..read more