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Common questions

  • A MIAM is a Mediation Information and Assessment Meeting and is the first meeting you have in mediation. It is mandatory to attend a MIAM before you make a court application except in certain circumstances when you may be exempt.
  • This is a form of injunction that you obtain from the family courts to prevent a person associated with you from doing certain things for your protection.
  • A pension divorce calculator provides an estimate of how pension assets might be split during divorce. While not definitive, it offers valuable insight into potential outcomes, helping parties make informed decisions.

  • A Pension Sharing Order (PSO) is an order made upon the conclusion of divorce/dissolution financial proceedings which allows a pension to be shared in accordance with the order, and the receiving party will receive this share of the pension to put in their own pension fund.

  • A power of arrest attached to an order means that if the order is breached, the police have the power to arrest the perpetrator.
  • This is an order in children proceedings that prevents a person from doing something e.g. removing the child from school or taking them abroad.
  • This is an order in children proceedings that sets out a certain provision for a child i.e. Whether to change their name.
  • A TOLATA claim is a legal route for the court to make a decision in the event of a dispute regarding a property. The court can make decisions about a number of issues including (but not limited to) the declaration as to the parties’ interests in a property, whether a property should be sold and occupation of the property.

  • An Occupation Order is also a type of injunction and regulates who can stay in a property and financial provisions can be made.
  • An undertaking is a promise to the court regulating an action. It could be a promise to do something, ie close a bank account, or a promise not to do something. A breach of an undertaking is a very serious matter and is contempt of court.
  • Arbitration is a form of alternative dispute resolution like mediation, but it takes place with a qualified arbitrator and they can make decisions that are binding.
  • Collaborative law is a process where both parties use trained professionals to resolve their legal dispute without going to court.
  • Family law in the UK is the law surrounding family issues such as divorce, children and financial settlements.

    Family law areas can include divorce, dissolution, separation, child arrangements (what was called child custody), dealing with financial family disputes, adoption, distribution of assets, domestic violence and contact with your children.

  • Mediation is an impartial independent service who can assist you and your ex-partner to make arrangements for your family upon separation.

  • This is the legal definition of the responsibilities that parents have over children for example to make decisions about a child's religion or health needs.
  • Pension sharing involves dividing the pension pot at the time of divorce and transferring a percentage to the other spouse. On the other hand, pension offsetting allows one spouse to keep the pension while the other receives assets of equivalent value.

  • TOLATA stands for Trust of Land and Appointment of Trustees Act 1996 and this is the law that governs property disputes, usually between cohabiting couples but can be used in a variety of different proceedings and set of circumstances.
  • Beyond asset division, our solicitors can offer guidance on financial resolutions and connect you with financial and other advisors who can advise on investment strategies to ensure your monetary future remains robust.

  • If you have decided that you want to end your marriage or civil partnership, it is a good idea to seek legal advice before doing so, so that you know where you stand and you understand the process. You can get a divorce or dissolution (for civil partnerships) after you have been married or in a civil partnership for 1 year.

    Before making your divorce application, you must choose whether to do it on your own or apply jointly with your spouse.

    You can apply alone in either of the following situations:

    • Your spouse disagrees that you should divorce
    • You think your spouse will not cooperate or respond to the court’s notifications

    At each stage, you must confirm your intention to continue with the process.

    To jointly apply for a divorce with your spouse, both of these conditions must apply:

    • Both of you agree that you need a divorce
    • You are not at risk of domestic violence

    You can apply by post or online. At every stage of the divorce process, both of you must separately confirm your willingness to proceed with the application. If your spouse stops responding, you can continue with the application as an individual applicant.

  • You can obtain a Non-Molestation Order or an Occupation Order.

  • A Pre-Nuptial Agreement can include provision for various types of assets, such as property/real estate, savings, investments, and even future inheritances. The agreement can be tailored to meet the specific financial circumstances of both parties.

  • Cafcass are the Children and Family Court Advisory Support Service and they are professionals who help the courts in children proceedings.
  • Deciding what happens with the children in a divorce is called the child arrangements.

    These can either be decided between the parents perhaps individually or through solicitors of other dispute resolution such as mediation.

    If the parents cannot agree on the child arrangements, the court may have to intervene. If the court decides on the child arrangements including where the child will live, it will consider what is in their best interests, which could include the age of the children, their needs, and preferences where they are old enough.

    It will look at how their needs can be met educationally, financially, and emotionally, along with other factors. The court will make arrangements that are in the best interests of the children.

  • With international jurisdictions and laws at play, accurate and comprehensive documentation can prevent misunderstandings and legal complications. It is essential to provide detailed evidence of ownership, especially when dealing with foreign properties or investments.