What is a warning notice on a section 8 order?

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A warning notice is a formal statement attached to certain orders made under Section 8 of the Children Act 1989, such as a Child Arrangements Order. The purpose of the notice is to inform the parties of the legal consequences of failing to comply with an order.

The notice serves to encourage compliance, and provides a clear basis for the court to take enforcement action if breached.

Enforcement for breaches of the warning notice can include fines, community service, compensation for financial loss, or even imprisonment for contempt of court.

What is family alienation?

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Family alienation refers to a situation where one family member, usually a parent, manipulates or influences a child to unjustly reject, or show fear and hostility toward another family member, such as the other parent or a grandparent.

This manipulation can involve negative comments, false allegations, and limiting or discouraging contact to the other family member.

The manipulation is usually not justified or based on legitimate reasons, and is often based on personal hostility. Family courts can involve CAFCASS (the Children and Family Court Advisory and Support Service) to investigate the reasons for the family alienation.

Court intervention can include the making of a Child Arrangements Order, or court orders to protect the childs best interests such as a Specific issue Order.

Is divorce conditional upon a period of reflection?

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Under the law in England and Wales, divorce is conditional upon a mandatory 20-week period of reflection. This period begins immediately when a divorce application is made, and is also referred to as a “cooling-off” period.

The purpose of the reflection period is to provide couples with time to think about their decision to divorce, consider reconciliation, and make arrangements regarding finances, and any children.

Only after the 20-week period of reflection has elapsed, can the divorce proceed by applying for a Conditional Order. 

What is a Police welfare check on a child?

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A police welfare check is a personal visit by police officers to check whether a child is safe, and to ensure the child is not in imminent danger, or at risk from harm.

A police welfare check can be requested by a person with parental responsibility, teachers, social workers, neighbours, or other professionals.

Situations where a police welfare check could be requested include where there is reason to believe a crime has been committed, or there are concerns about adult behaviours that may put a child at risk.

Upon attending at the child’s location, the Police officer will speak with the child and other household members, observe the environment, and assess any immediate risks. Police welfare checks are a last-resort measure, and should only be used when there is a clear and urgent risk to a childs safety. 

What is an Empty nest divorce?

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An empty nest divorce refers to a divorce that occurs after a couple’s children have grown up, left for university, or left home to start independent living. This leaves their parents with an empty nest.

At that time many couples discover that their primary connection was focused around raising their children. Once that shared purpose has ended, some couples find themselves alone together and realise that their relationship has changed, grown apart, or deteriorated.

Studies show couples are 40% more likely to divorce after their children leave home. This phenomenon is most common among couples who have been married for 20 years or more.

Who sees my D81 form divorce?

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A Form D81 Divorce is a confidential document used when applying for a financial consent order. It sets out both parties’ financial circumstances so the Court can decide whether the proposed financial agreement is fair.

The D81 form is not a public document, and its contents are only shared among the parties directly involved in the case, their legal representatives, and the Judge at court.

As financial proceedings in divorce require full transparency, both parties must see the other’s completed D81 form. Often both parties will provide their financial information on the same D81 form.

How do you remove a notice of matrimonial home rights?

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A Matrimonial Home Rights Notice can be removed in the following circumstances:

If either spouse or civil partner dies, the right ends and the notice can be cancelled.

A Court can order the removal of the notice if it considers the right is no longer required, or necessary.

When the marriage or civil partnership is legally ended by a Final Order, the right ceases and the notice can be removed.

If the spouse or civil partner who benefits from the notice agrees to voluntarily remove it.

If the notice was incorrectly registered (for example, the parties were not married, or the property was never a matrimonial home), the Land Registry has the power to remove it.

Does living with a new partner affect a financial settlement?

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Living with a new partner during a divorce can affect a financial settlement, but the impact depends on several factors.

These include the length of cohabitation, any financial contributions or support received from the new partner, and the financial resources and needs of both parties.

Although a new partner’s income and assets are not directly included in the divorce settlement, a court may determine that if one party to the divorce is being supported or receiving financial contributions from their new partner – their financial outgoings are reduced.

Any contributions to outgoings and living expenses received from a new partner may affect an outcome by increasing a party’s capacity to contribute to their own support and needs . 

What is an informal separation?

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An informal separation is when a married couple or civil partners decide to live apart without any legal process or formal legal documentation to recognise their separation. Any agreements about finances, property or children are made privately between the couple themselves, often verbally and, without enforceability should a dispute arise.

While many couples decide to separate informally, it is advisable to formalise important matters like any financial agreements or responsibilities to avoid future disputes. This can be done by entering into a Separation Agreement.

For more help on separation, contact The Family Law Specialists to arrange a free telephone consultation.

Is a divorce U-turn possible?

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High-profile cases, such as Rory McIlroy and Pep Guardiola have shown that a divorce U-turn and reconciliation is possible even late in the divorce process. As long as the Final Order in the divorce has not been pronounced, a couple can apply to the court to withdraw their divorce application at any stage.

The 20-week waiting period in divorce is designed to give a couple time to reflect, and decide whether the divorce is something they really want.

Once the Final Order is pronounced, the divorce is legally complete and cannot be undone. At that point, the only way to “reverse” a divorce would be for the couple to marry again.

For more help on divorce, contact The Family Law Specialists to arrange a free telephone consultation.

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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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