This episode focuses on the process of making an appeal, whether for a decision made by the court or during the course of arbitration. Host Jenny Bowden is joined for this episode by partners Debbie Chism and Sophie Chapman. Questions answered in this episode include: • Who can appeal a court decision and what is the process for appealing? • What happens if permission to appeal is refused? • What key points should be kept in mind when deciding whether to appeal a decision? • How do you appeal a decision made in arbitration? • What are the benefits of pursuing arbitration? Stewarts is the UK’s ..read more

Regular podcast host Jenny Bowden welcomes partner Toby Atkinson and fellow senior associate Fawn Wilkinson to explain child abduction and explore how it is dealt with both in the courts of England and Wales and internationally. [Episode embed] Questions answered in this episode include: • What does child abduction mean? • What happens if a parent moves abroad with a child without consent? • What protections are in place against child abduction? • How does the courts’ approach differ between abductions from the UK to another country and vice versa? • What advice would you give to a parent who ..read more

Taking on host duties once again, associate Tim Carpenter welcomes Divorce and Family partner Emma Hatley and senior associate Trevona Hettiarachchi to discuss what they describe as the “tricky topic” of relocation. Questions answered in this episode include: • What does international relocation mean? How can you relocate a child after divorce or separation? • What factors will the court take into account when deciding whether a child should be allowed to relocate internationally? What if the family has more than one child? • What does the law say about relocating within England and Wales? • W ..read more

Having passed the halfway point of Season Two of the Stewarts Divorce and Family Podcast, Episode 6 this week explores the process and best approach to child arrangements applications. A child arrangements order regulates living arrangements for a child and can be sought to regulate other important decisions regarding a child. Tim Carpenter hosts this episode, having explored some “do’s and don’ts” for separating parents in respect of their children in Season One. This time he is joined by senior associate Rosie Stewart and associate Lydia Fowler. Questions answered in this episode include: W ..read more

Schedule 1 is a section of the Children Act which gives the court power to make orders for financial provision for the benefit of children. Questions answered in this episode include: Is the financial provision available through a Schedule 1 application the same as that available through divorce? Can lump sum payments be used to equalise assets, and can orders be made to cover retrospective payments? How are housing and maintenance claims handled under Schedule 1? How does a client obtain an order under Schedule 1? What options are available if the parties do not agree and cannot progress mat ..read more

Questions answered in this episode include: • Is there such a thing as common law marriage? • How does not being married affect pensions and inheritance? • What can unmarried couples do to protect themselves? • Should the law change to give unmarried couples more rights? Stewarts is the UK’s leading litigation-only law firm and the pre-eminent divorce and family legal practice in the UK, ranked No.1 in both The Legal 500 and Chambers. We act for high net worth individuals based in the UK and overseas on divorce and separations, arrangements for children, and agreements including pre-nups and c ..read more

Sam Longworth, Jenny Bowden and Tim Carpenter provide an overview of the season to come, explaining the topics to be discussed and the new release schedule. The first season of the podcast provided an overview to some of the most important aspects of family and divorce law. New episodes in season two will go into greater detail on these, as well as introducing other processes and themes. Stewarts is the UK’s leading litigation-only law firm and the pre-eminent divorce and family legal practice in the UK, ranked No.1 in both The Legal 500 and Chambers. We act for high net worth individuals base ..read more

Sam Longworth is joined by partner Richard Hogwood and senior associate Charlotte Sanders in the first of two episodes focusing on pre-nups, also addressing post-nups. A nuptial agreement aims to build a framework for what will happen in the context of any future separation and divorce, focusing on the financial aspects but also other arrangements. Pre-nups are mainly used where wealth exists at the time of the marriage or is likely to come to one of the parties later (through inheritance), and one or both parties wish to protect it from a claim if the relationship breaks down. Stewarts is the ..read more

Partner Toby Atkinson and senior associate Voirrey Ward join Sam Longworth to discuss the options for a nuptial agreement including the ‘tariff approach’, where the pre-nup specifies a precise amount of money or provision calculated according to a formula; and the ‘principle approach’ uses no specific figures but instead a description of which assets are to be shared in the event of a divorce and which are protected from claims. Stewarts is the UK’s leading litigation-only law firm and the pre-eminent divorce and family legal practice in the UK, ranked No.1 in both The Legal 500 and Chambers ..read more

On 6 April 2022, no-fault divorce will be introduced in England and Wales. The hosts of the Stewarts Divorce and Family Podcast - Sam Longworth, Jenny Bowden and Tim Carpenter - provide detail about the new system, how it compares to the old process and what this will mean for future divorce proceedings in this one-off podcast episode. Stewarts is the UK’s leading litigation-only law firm and the pre-eminent divorce and family legal practice in the UK, ranked No.1 in both The Legal 500 and Chambers. We act for high net worth individuals based in the UK and overseas on divorce and separations ..read more