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Separation and Divorce
Andy Howells - www.law-exchange.co.uk - www.loretolaw.blogspot.com
Separation and DivorceSeparation agreementsCourt ordersJudicial Separation Divorce
Andy Howells - www.law-exchange.co.uk - www.loretolaw.blogspot.com
SeparationSeparation agreement Matrimonial Court OrdersDomestic Proceedings and Magistrates’
Court Act 1968What are the four grounds for such an
Order?
Andy Howells - www.law-exchange.co.uk - www.loretolaw.blogspot.com
Judicial SeparationList the groundsWhere do not want a divorce but a formal
separationCourt can make orders re maintenance,
property and childrenCan be rescindedCan subsequently apply for divorce
Andy Howells - www.law-exchange.co.uk - www.loretolaw.blogspot.com
DivorceLegal end to marriageMatrimonial and Family Proceedings Act
1984One year rulePetition County CourtIf undefended – affidavit“Postal divorce”
Andy Howells - www.law-exchange.co.uk - www.loretolaw.blogspot.com
Criteria for divorceIrretrievable breakdown of marriageMatrimonial Causes Act 1973Require one of five facts to be established.
List them!Note some detail about what constitutes each
ground
Andy Howells - www.law-exchange.co.uk - www.loretolaw.blogspot.com
Divorce DecreesDecree NisiDecree Absolute
Andy Howells - www.law-exchange.co.uk - www.loretolaw.blogspot.com
Financial OrdersMaintenance – one spouse to anotherMaintenance – dependent childLump-sum payment to spouse or childTransfer of property order
Andy Howells - www.law-exchange.co.uk - www.loretolaw.blogspot.com
Maintenance Payments: SpouseWhat factors will court consider?Matrimonial & Family Proceedings Act 1984
encourages “clean break”“One third” ruleWachtel v Wachtel (1973)A starting point
Andy Howells - www.law-exchange.co.uk - www.loretolaw.blogspot.com
Maintenance payments: childrenChild Support Agency calculatesA percentage of parent’s income after taxOne child: 15%, max £300pw2 children: 20%, max £400pw3 or more children: 25%, max £500pwReduced if child stay over with absent parent
on a regular basis
Andy Howells - www.law-exchange.co.uk - www.loretolaw.blogspot.com
Criticisms of the CSADoesn’t consider absent parent’s needs
(unless has other kids living with him/her)Amount other parent earns not consideredCan apply to CSA even where agreement
already reached
Andy Howells - www.law-exchange.co.uk - www.loretolaw.blogspot.com
Lump sum ordersOne off paymentWhere a spouse has capital assets – shares
etcCan be as well as or instead of maintenance
Andy Howells - www.law-exchange.co.uk - www.loretolaw.blogspot.com
Property Adjustment OrdersUsually family home sold and proceeds
divided between the partiesWhite v White (2000) – equality is the
yardstick – but judge will look at all facts of the case to achieve fairness
Court can order that child allowed to live in home until becomes 18
Andy Howells - www.law-exchange.co.uk - www.loretolaw.blogspot.com
Children Children Act 1989 Courts have wide-ranging powers Welfare of child comes first Keep within family where possible. Where dispute, consider: Child’s wishes Child’s physical, emotional and educational needs; Child’s age, sex, background and other relevant
considerations; Any harm which child has suffered or might suffer in future; How able parents are to meet child’s needs; How child might be affected by any change in circumstance
Andy Howells - www.law-exchange.co.uk - www.loretolaw.blogspot.com