Magazine - Family Law

Common law marriage is as much a myth as the Loch Ness Monster or the Tooth Fairy.  It simply does not exist, and those couples who are in cohabitating relationships need to be aware that they have no "rights" to each other’s assets and properties should they end their relationship.

Arbitration is an alternative to the normal court process, whereby an arbitrator (in place of a family court judge) can make a final binding decision on a disputed financial matter. The two parties in the case will submit or present their evidence and arguments in much the same way as happens in a normal court case.

This book is a timely arrival on the bookshelves, since the withdrawal of legal aid for the vast majority of family law cases more and more people now in a position where they have little option but to represent themselves in family proceedings; the need for good, factual and accessible help has never been more essential.

Family lawyer and mediator Mary Banham-Hall has launched a Petition on Change.org asking for the existing court rule that legal costs must be proportionate to the value of the dispute to be made to work. Her ultimate aim is to shorten the litigation process – which sometimes goes on for years – and to stop ballooning legal costs.

Cohabitating couples are not protected in law as a married couple are, and the law that governs cohabiting couples is vastly different to the law relating to married couples or those who have entered into a civil partnership. It is imperative that you enter into cohabitation with your eyes wide open to this fact and take action to protect both parties.

Cohabiting couples should not be given the same legal rights as married people, an influential think-tank will say today. The Centre for Social Justice - set up by former Tory leader Iain Duncan Smith - claims the change proposed by the Law Commission would 'fuel family breakdown'. The CSJ wants a shake-up of the law to strengthen marriage.

With many people relocating to different countries around the world and couples choosing to marry abroad now, this can sometimes cause confusion as to where people can legally start divorce proceedings if their marriage breaks down. 

Amanda Quinn considers where we are with the law relating to pre-nuptial agreements... Pre-nups have been in the press a fair amount over recent years particularly following the two big cases of Crossley v Crossley [2007] EWCA Civ 1491 and Radmacher v Granatino [2009] EWCA Civ 649 .

Buying or selling a property is rarely a stress-free process. However, when the house or flat being sold forms part of a divorce settlement, that stress can multiply. So, if you’re in the position of having to sell the home you once shared with your husband or wife, I hope the following information helps to make what you’re about to do a little easier.

Recently, - together with Only Dads’ Bob Greig and DadsHouse’s Billy McGranaghan - Researching Reform hosted the Westminster Debate for Fathers.

In part one we looked at how to go about selecting the right estate agent and whether you should instruct one or more companies to sell your property. We also touched briefly on the differences between online firms and traditional estate agents, as well as whether you should mention divorce as the reason for selling.  Let’s now move on to a few more points to consider when selling your former marital home.

Linda Sheridan has been a member of Wikivorce since April 2008. She is almost at the end of her Managed Divorce process and gave us her experience to date.