Maintenance pending suit (MPS) is financial support paid by one spouse to the other after divorce proceedings start until the divorce is finalised and a final adjustment of finances is made between the parties. Similar provisions apply to those in civil partnerships. Reasons for applying for maintenance pending suit Genuine need is the most common…
When England entered another national lockdown, the Lord Chief Justice said that no one should be asked to go to court unless strictly necessary and remote attendance must be the default position. According to HMCTS the number of family cases involving remote technology has increased by a massive 90% since the pandemic began in March…
If you get divorced or dissolve a civil partnership, your pension assets should be taken into account as part of any financial settlement. Pensions should not be ignored as they are often the most significant asset after a house. The courts are able deal with pension arrangements in one of 3 ways:- Pension Sharing order:-…
The Law Commission has launched a consultation on provisional proposals to reform the law governing how and where couples can get married. The consultation period will run until 3 December 2020. The provisional proposals for reform are: • to allow weddings to take place outdoors, for example on beaches, in parks, in private gardens and…
From Monday 27 July, HM Courts and Tribunal Services is asking all court and tribunal users to wear a face covering in the public areas of its buildings in England. Court rooms will continue to be covered by the current government guidance, which states that court users may wear face coverings whilst in the court room.…
An infant approval hearing is sometimes referred to as a Damages Approval Hearing and takes place after settlement has been reached in respect of a child’s damages (compensation) following a personal injury claim. Unlike in an adult’s personal injury compensation claim, it is not enough for the Claimant to simply accept a settlement amount and…
From 1st June 2020 lockdown in England has been eased considerably with many children returning to schools and families and friends allowed to meet in groups of up to six provided that they observe social distancing rules when outside. There was much confusion at the start of lockdown back in March, when government ministers appeared…
In these unprecedented times some of us may, as we have more time on our hands, be thinking of making a Will or updating an old Will, but are unsure as to whether this is in fact possible due to the current Covid-19 restrictions. The answer is, yes, it is still possible to make and…
Court Protection from domestic violence; – Non-molestation orders and occupation orders. There have been many recent reports in the press about the increase in domestic violence that has occurred as a result of the pandemic. If you are a victim of domestic violence you can apply to the court for an “injunction” to protect you…
Certain family proceedings should not be conducted remotely said the President of the Family Division after intervening in a case involving a young girl living ‘in limbo.’ Proceedings in the case of Re P (A Child: Remote Hearing) began a year ago. The Local Authority said the girl suffered significant harm as a result of…