A chattel is defined as a tangible, movable item of personal property that is not classified as a financial asset, or real estate. They are basically personal possessions and household contents owned by one or both parties.
Chattels can range from everyday household items to expensive luxury goods. Examples of chattels include furniture, white goods, vehicles, pets, collections, artwork, watches, jewellery, handbags, and personalised number plates.
The most important document is a Financial Remedy Order that settles how finances, property, and other assets should be divided upon divorce.
Without having a financial order in place either party can still make a financial claim against the other at any point after divorce or dissolution – even after many years have passed.
Once a financial order is approved by a Judge and sealed by the Court, financial matters are finalised and become legally binding.
It refers to a type of Child Arrangements Order that was previously known as a Contact order. The Order specifies the arrangements for a child to spend time with the non-resident parent, or with other family members, such as grandparents.
The order provides specific instructions about the frequency, duration, and nature of contact. Contact can include direct contact such as face-to-face meetings, or indirect contact and communication through letters, cards, telephone or video calls.
There is no automatic outcome regarding the family home in a divorce or dissolution. In the past there were the following 2 usual outcomes:
Either one party would buy the other out, and the property is transferred into one party’s sole name.
Or, the family home would be sold, and the net equity would be divided.
The economic situation in the United Kingdom is now making these outcomes more difficult to achieve. Alternative options for dealing with the family home now include:
Postponing the sale until a specific date or event, such as when the youngest child turns 18. Both parties continuing to own and cohabit in the family home following the divorce, and selling it later.
If the property is mortgage free, it may be possible to rent out the family home and receive rental income sufficient to fund two smaller properties.
The main and only reason for divorce in England and Wales is the irretrievable breakdown of marriage.
It is no longer necessary to prove fault or assign blame to divorce.
While no longer a legal ground, adultery continues to be a common reason why couples decide to end their marriage. Around one in 10 couples also split due to disagreements about money or financial issues.
If both parents share parental responsibility and there are no court orders in place, then the single parent must seek permission from the other parent.
If the single parent has a Child Arrangements Order stating that the child lives with them, that parent can take the child abroad for up to one month without the other parent’s consent.
If the other parent cannot be contacted or refuses to agree to the child being taken abroad, it may be necessary to obtain a court order granting permission for the holiday.
During a divorce you must not access, open, download, copy, search or remove your spouse’s confidential documents without their permission. Confidential documents are items that are personal to your spouse and not openly accessible to you, such as personal post.
If you take or copy confidential documents, this is a breach of privacy, and you may be committing a criminal offence.
Any evidence obtained inappropriately is generally inadmissible in divorce proceedings, and a Solicitor is under a duty to send them to your spouse’s Solicitor without reading them.
Collect and Pay is a service provided by the Child Maintenance Service to manage child maintenance payments between parents. The CMS calculates the amount of child maintenance, collects payments from the paying parent, and then pays the child maintenance to the receiving parent.
The benefits of Collect and Pay is that it allows parents to manage child maintenance without direct contact between themselves, and there are built-in enforcement mechanisms if child maintenance payments are missed.
The service charges additional fees for both parents.
Unmarried couples can take the following legal steps to protect themselves and their interests:
Enter into a Cohabitation Agreement. A properly drafted agreement can outline the terms of the relationship, including financial arrangements and responsibilities, property ownership, and what will happen if the couple separates.
Create a Will to ensure your partner receives a portion of your estate following your death. It is important to remember that unmarried partners do not have any automatic inheritance rights.
For a jointly owned property, decide what should happen to the property when one partner dies. If it is intended that a surviving partner should automatically receive their deceased partner’s share of the property – the property should be registered as Joint Tenants.
If the intention is different, then the property should be registered as Tenants in Common.
Research carried out by Legal & General in October 2024 found that women’s household income falls by as much as twice as men after divorce. One of the most significant factors why some couples choose a silent divorce is financial stability.
Going through an actual divorce can lead to financial difficulties due to the costs of finding 2 new homes, and the practical and legal costs associated with divorce.
A silent divorce allows couples to preserve the family home, joint investments, retirement benefits, and manage debt more effectively together.