Do you have to respond to the Child Maintenance Service?

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If the Child Maintenance Service (CMS) contacts you as a potential parent responsible for the payment of child maintenance; you have 14 days to respond to their contact by phone or letter. If you refuse to respond, the CMS may proceed with a maintenance calculation based on information they already have, which is likely to be higher than your actual financial liability.

They can also take enforcement action against you such as deductions from your wages, bank account or benefits without your agreement, or a court order.

Failing to provide the CMS with information, or knowingly giving false information, can also result in prosecution and a fine of up to £1,000.

What is helicopter parenting?

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Helicopter parenting is a style of parenting characterised by excessive involvement, supervision and control over a child’s life and actions. The term comes from the idea that helicopter parents “hover” over their children.

Parents are usually overly protective and closely monitor and intervene in nearly every aspect of their child’s life. Parents will often manage tasks or make decisions, that the child could or should make themselves.

While helicopter parenting is usually motivated by good intentions, research shows it can have negative consequences for children such as low self esteem, lack of self confidence, and increased anxiety.

What is a severance of tenancy?

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A severance of tenancy refers to the legal process of changing joint property ownership from Joint Tenants to Tenants in Common. A severance is typically done during a separation or divorce to protect an individuals property interest.

Once a Joint Tenancy is severed, this prevents a spouse or civil partner from automatically receiving the other party’s share of the property if they die before the relationship is legally ended. The deceased’s share will then pass according to their Will or intestacy rules.

How long is the cooling off period for divorce?

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The cooling off period for divorce in England and Wales is a mandatory 20 weeks. This period begins when the divorce application is issued by the court.

The purpose of the 20-week period is for the couple to reflect on their decision to divorce, and to make arrangements regarding finances and children, if necessary.

A court does have discretion to shorten the 20-week cooling off period in exceptional circumstances, such as serious ill health.

Is dissolution the same as divorce?

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Dissolution and divorce are not the same in England and Wales, but they are closely related legal processes.

Dissolution is the legal process used to specifically end a civil partnership entered into by a heterosexual or same-sex couple.

Divorce applies exclusively to the legal process to end a marriage which can also be entered into by both heterosexual and same-sex couples.

Both processes result in a “Final Order,” which officially ends the marriage or civil partnership.

Why is divorcing a narcissist so difficult?

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Divorcing a narcissist is exceptionally challenging because of the following:

Their lack of empathy makes any negotiations during divorce complex. Their behaviour is often driven by a desire for control, leading to delaying tactics, and aggressive financial positions.

Narcissists enjoy litigation as it rewards their need for attention and credit.

Divorcing a narcissist is difficult because they cannot let go or change.

How many properties can a matrimonial homes rights notice be attached to?

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A Matrimonial Homes Rights Notice can only be attached to one property, specifically the matrimonial home or the main family residence that the married couple or civil partners occupy.

A Homes Rights Notice does not extend to other properties such as investment properties, holiday homes, or second homes.

The purpose of a Home Rights Notice is to protect the non-owning spouse’s right to occupy their home, and stops the owning spouse or civil partner from selling or refinancing the property.

What is a "Liberty to Apply" clause in a court order?

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A “Liberty to Apply” clause grants the parties the ability to return to the court for further directions or assistance in implementing, or clarifying the terms of a court order. The clause is intended to address practical issues or ambiguities, rather than to vary or alter the terms of the original Order.

Common issues include the timing of terms, or for a Court to provide further instructions as to how an Order should be implemented – such as in the case of a sale of property.

It is important to remember that a “liberty to apply” clause is not an appeal mechanism, but a method of clarification.

How can I legally get my dog back from my ex?

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In England and Wales, a dog is legally considered property. Accordingly, any disputes as to who should keep a dog following a relationship breakup is resolved strictly based on ownership.

To legally get a dog back, the following evidence can support your case of ownership in the event a Court needs to decide:

A purchase receipt from a breeder, Kennel Club documents, or pet adoption papers.

Microchip registration or pet insurance documents in your name.

Veterinary records listing you as the owner or identifying you as the primary contact in the case of medical emergency.

Proof of payment for the dogs care, such as vet bills, kennelling or food receipts.

Any correspondence that acknowledges the dog belongs to you.

What are the benefits of civil partnership?

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Entering into a Civil partnership provides couples with legal recognition and protections similar to marriage, without the traditional or religious connotations of having to get married. Unlike marriage, civil partnerships do not require vows.

The main practical benefits of a civil partnership include.

Civil partners are treated as next of kin, granting rights such as hospital visiting permissions and decision-making in medical emergencies.

Civil partners can apply for parental responsibility for each other’s children, ensuring legal recognition in family matters.

If one partner dies without making a will, the other partner will still inherit some or possibly all of the deceased property.

Civil partners enjoy the same property rights, pension and tax benefits as married couples.

In the event of the relationship ending, civil partners have the same legal rights and claims in relation to the division of assets and financial settlements.