From 1st June 2020 lockdown in England has been eased considerably with many children returning to schools and families and friends allowed to meet in groups of up to six provided that they observe social distancing rules when outside. There was much confusion at the start of lockdown back in March, when government ministers appeared…
In these unprecedented times some of us may, as we have more time on our hands, be thinking of making a Will or updating an old Will, but are unsure as to whether this is in fact possible due to the current Covid-19 restrictions. The answer is, yes, it is still possible to make and…
Court Protection from domestic violence; – Non-molestation orders and occupation orders. There have been many recent reports in the press about the increase in domestic violence that has occurred as a result of the pandemic. If you are a victim of domestic violence you can apply to the court for an “injunction” to protect you…
Certain family proceedings should not be conducted remotely said the President of the Family Division after intervening in a case involving a young girl living ‘in limbo.’ Proceedings in the case of Re P (A Child: Remote Hearing) began a year ago. The Local Authority said the girl suffered significant harm as a result of…
Current covid19 pandemic The work of courts and tribunals has been consolidated into fewer buildings in order to maintain a core justice system through the duration of the pandemic. This will seek to ensure that essential hearings that must still be held in person can go ahead whilst complying with public health advice. During the…
The Remarriage Trap The Matrimonial Causes Act 1973 sets out the rights of a spouse to seek a share of the matrimonial assets and maintenance. Buried deep within this legislation is the ‘remarriage trap’. Put simply, if you divorce and then remarry without first having made a claim for a financial order in the divorce…
A child is any person under the age of 18. In civil proceedings, a child must have a litigation friend to conduct the court proceedings on their behalf, unless the Court otherwise directs. Often the child’s parent will act as a litigation friend although this does not have to be the case. The litigation friend…
APPLYING FOR A GRANT OF PROBATE When a loved one dies, it can be difficult to know what to do in respect of dealing with the deceased’s property, money and possessions. If the deceased left a valid Will the Executor named in the Will can apply for a ‘Grant of Probate’; if there was no…
Void and voidable marriages When are nullity decrees (annulments) important? When a party may not wish to divorce due to religious reasons; Where divorce is not possible as the marriage was void. However, a party may wish to have a decree of nullity if they wish to claim some financial relief from the other party…
What is a pre-nup and is it enforceable? When marriages end, a major source of stress for many couples is not knowing at the outset what the financial outcome of their divorce will be. As many people are tending to marry later or get married for the second time, they enter into a marriage with…