What is a Family Law Specialist?

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A Family Law Specialist is a legal professional who has developed a deep expertise and a high level of proficiency in matters related to relationship issues such as divorce and separation, children disputes, and financial settlements.

Family law specialists often adopt a more compassionate and strategic approach to cases, understanding the emotional weight of family-related legal issues. 

A good family law specialist will encourage methods of non-court dispute resolution and will try to keep cases out of court whenever possible.

Can a no-fault divorce be disputed?

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There are 3 limited technical grounds on which a divorce application can be disputed which are as follows:

Challenging the court’s authority to handle the divorce due to insufficient links to England & Wales, such as lack of domicile or habitual residence.

Disputing that the marriage was legally valid in the first place.

Arguing that the marriage has already legally ended.

What is a Power of Arrest in an injunction?

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A power of arrest is a serious measure which allows the police to arrest a person against whom the power is made (the respondent), without a warrant if they have reasonable cause to suspect the person has breached a condition in the injunction.

A court will usually grant a power of arrest where there is a significant risk of harm to the person it is protecting from the respondent.

When a Power of Arrest is attached to an injunction the arrested person must be brought before a Judge within 24 hours of their arrest.

Can someone be forced to provide financial disclosure?

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If a party refuses to disclose their financial information voluntarily, a court can order them to do so as part of Financial Remedy proceedings. Failure to comply with such an order can result in serious consequences.

A court may draw adverse inferences about the non-disclosing party’s financial situation, potentially resulting in a less favourable financial settlement.

In addition, failure to comply with a Court Order for disclosure is contempt of court which may lead to fines or imprisonment.

Can a Prenuptial Agreement protect assets from a previous divorce?

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A Prenuptial Agreement is an effective way to protect assets from divorce by ensuring that property owned before marriage remains separate.

A properly drafted prenup can provide significant protection for your assets in the event of a divorce. An agreement can specify which assets belong to each individual prior to marriage, helping to protect them from division in a subsequent divorce.

What is parent-child estrangement?

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Parent-child estrangement is the physical and emotional distancing between a parent and their child, often resulting in little to no communication for an extended period of time, often years.

The breakdown in relationship may be initiated by either the parent or the child. Reasons for estrangement may include divorce, poor parenting, the involvement of a third party such as a new spouse or partner, or physical or emotional abuse.

What is a Penal Notice in family law?

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A Penal Notice is a warning attached to a court order that informs a person of the serious consequences of not complying with the terms of a court order.

The aim of a Penal Notice is to ensure that a person obeys an order. It also acts as a legal deterrent by warning of the penalty for breaching an order.

Breaching a Penal Notice is likely to result in contempt of court which is punishable by imprisonment, fines, or other legal sanctions.

What are the 3 main stages of divorce?

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The three main stages of a divorce (not including financial matters) are:

The first stage is to file a divorce application, either individually or jointly with the court. This can be done online or by post.

After the respondent has acknowledged the divorce application, the applicant can move to the second stage by applying for the Conditional Order. This happens roughly 23 to 25 weeks after the start of the divorce.

The third and final stage is six weeks and one day after the pronouncement of the Conditional Order, when it is possible to end the marriage by applying for the Final Order.

If I leave the marital home what are my rights?

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You do not lose any legal rights by leaving the marital home. You maintain the right to re-enter, access and occupy the property, even if you have moved out.

The only exception would be if there is a Court Order excluding you from the property.

If the marital home is in the sole name of your spouse, you should register a ‘home rights notice’ with the Land Registry to prevent the sale, transfer, or remortgaging of the family home without your knowledge.

Will my ex see my Form E?

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Providing full financial disclosure is one of the fundamental stages of resolving financial matters following a relationship split whether through negotiation between the parties, mediation, discussions between Solicitors or Court proceedings.

Financial disclosure is the process where both parties provide details of their income, assets, liabilities, outgoings, and financial needs following a divorce. The usual way is by providing a copy of their completed Form E to the other party. 

The purpose of exchanging Form E’s is to know all the assets and liabilities involved in a case, their value and how to distribute those assets fairly.

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The Family Law Specialists is the trading name of The Family Law Specialists Limited, a private limited company registered in England & Wales under company number 15318261 with the registered office at, 128 City Road, London, EC1V 2NX. We do not accept service of proceedings. © The Family Law Specialists. All rights reserved.

This website is not intended to offer legal advice so do not act upon any of its content without taking specific advice.

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