How do you prove separation?

The most effective way to prove a separation is by entering into a Separation Agreement as it will contain an official agreed date when the parties separated. This date is crucial evidence to prove when each party started to live independent lives, separated their finances, and can act as proof of the cut-off point for the liability of debts.

A Separation Agreement can also provide evidence that a marriage has irretrievably broken down.

Can my spouse divorce me without my consent?

The short answer is yes. Since the introduction of the “no-fault” divorce system, it is now possible to commence divorce proceedings without the need for mutual agreement, or assigning blame for the breakdown of a marriage.

One spouse can now file for divorce on a sole basis by simply stating that the marriage has irretrievably broken down, without requiring the other spouse’s consent.

The spouse who receives the application for divorce can only contest the divorce on very specific and limited technical grounds.

What is lighthouse parenting?

Lighthouse parenting is a style of parenting which, as its name suggests, considers the parent to be a lighthouse by providing steady, reliable guidance and support to a child. Lighthouse parents believe in giving their child unconditional love, but they also set boundaries and disapprove of unacceptable behaviour.

Lighthouse parenting nurtures and protects children, while encouraging them to learn, grow and develop independence, whilst giving them the freedom to make their own mistakes.

What is a blended family?

A blended family is a family unit formed when two individuals enter into a relationship and bring a child or children from one or both of their previous relationships.

A family may refer to themselves using terms like “blended family,” “stepfamily,” or even “bonus family.

Children in the blended family may live with the family full-time, part-time, or occasionally depending on the child arrangements.

Blended families are becoming increasingly common in the United Kingdom. Approximately 1 in 10 children now live in a blended family, with stepparents and stepsiblings all under one roof.

Travelling with children at Easter - the essential travel documents.

If you are a separated or divorced parent and plan to travel abroad at Easter, here are the essential travel documents you will need.

If you have a Court order that says a child lives with you, you should carry a copy of the sealed Residence or Child Arrangements Order.

If you do not have a Court Order that says the child lives with you, you must have a letter of parental consent from every person that also has Parental Responsibility. The letter is proof that both parents agree to the childs travel.

You must also be able to provide proof of your relationship to the child by way of a birth or adoption certificate, and the childs passport.

If the child has a different surname from the adult that they are travelling with, production of the child’s original birth certificate will list the names of both parents. The birth certificate will also prove that a person has parental responsibility.

You should also have copies of travel documents such as travel reservations and proof of accommodation.

Does adultery affect a divorce settlement?

Since the introduction of the “no-fault” divorce system, adultery is no longer a legal ground for divorce and therefore does not affect a divorce settlement or asset division. An act of infidelity itself does not carry any legal or financial penalty.

Factors that do affect a divorce settlement and the division of assets include:

The welfare of any minor children, and who cares for them.

The ages of the parties and the length of the marriage.

The financial needs of the parties, and the available resources.

The financial and non-financial contributions made by the parties during the marriage.

The standard of living enjoyed during the marriage.

Is a phone call indirect contact?

In child arrangement cases, indirect contact refers to communication methods that do not require physical presence or face-to-face interaction.

Common forms of indirect contact include telephone calls, letters, emails, video calls, gifts, and messages through a third party.

Indirect contact is often used in situations where direct contact is unsafe or impractical, such as high conflict situations or if there are allegations of abuse or findings of harm that make direct interaction unsafe.

Indirect contact can also be used where there are distance constraints, or if an older child refuses direct contact. Indirect contact can be court-ordered or negotiated between parents.

How do I travel with a child with a different surname?

The most reliable way to prove your relationship with a child, is to present the child’s original birth certificate which will list the names of both parents’. The birth certificate also proves that a person has parental responsibility.

If you are travelling with the child without the other parent, you should obtain a letter from the non-travelling parent consenting to the trip. This letter should include the child’s full name, dates of travel, who the child is travelling with and their relationship to the child, the destination, and the contact information of the non-travelling parent.

What counts as controlling behaviour?

In the United Kingdom, controlling behaviour is legally defined under the Serious Crime Act 2015 as actions designed to exploit, isolate, deprive a person of independence, subordinate or regulate their daily life.

The controlling behaviour must occur on at least two occasions and have a “serious effect”, either causing the victim to fear violence on multiple occasions or suffer substantial adverse impacts on their daily life.

Should I talk to my spouse during a divorce?

If you want a quicker, cheaper, and less stressful divorce, then effective communication is key.

Tips for effective communication include being prepared to be honest and transparent when dealing with financial issues and financial disclosure.

Focusing on moving forward, and avoiding past blame and engaging in confrontational behaviour.

Being ready to compromise and finding mutually beneficial solutions rather than wanting to “win”.

Agreeing to keep any children out of any disputes and putting their best interests first.

family law specialist

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.

Follow Us

2190 Mirpur terrace, Lake view house state, 10 no road.