by Tanya Foster Here at SNS, our specialist family law solicitors come across misunderstandings and expectations in our clients that do not correlate to the reality in divorce and separation in this country. Sometimes that is good news for our client; sometimes it is not. There is a very common assumption, we find, that on separation, the children will always end up with their mother; that if the parents could not agree on the arrangements for their children, the court would decide that the children should live with their mother. This is not necessarily the case at all. Every family is considered on the basis of its own unique factors. In proceedings for the arrangements for children, the co
TEN COMMON MISCONCEPTIONS ABOUT FAMILY LAW Myth no 8: I don’t know where my ex is so I can’t get a d
Sometimes people shy away from divorce, and leave it so long that you lose touch with your ex. This could be because you split in an acrimonious manner, or felt that there was never a ‘right time’ to divorce, or life got in the way. If you have lost touch with your ex, it is still possible to obtain a divorce. Losing contact does not alter the divorce process, but does require you to undertake some additional steps before you issue your divorce petition. The Court will want to know that you have made all reasonable attempts to trace your former partner before issuing your divorce. You could provide evidence that you have, for example, hired a private investigator, or that you have made your
Here at SNS, our specialist family law solicitors come across misunderstandings and expectations in our clients that do not correlate to the reality in divorce and separation in this country. Sometimes that is good news for our client; sometimes it is not. Myth no 7: You don’t need a solicitor to sort out a divorce. When is it ok to DIY and when is it crucial that you’ve taken sound advice. More and more, we search carefully for the best option when getting help, making a purchase, making a decision. Even the word ‘search’ now carries its own digital meaning. If you are as old as me, you remember the days when ‘search’ meant going out and looking for something. Or at least picking up t
TEN COMMON MISCONCEPTIONS ABOUT FAMILY LAW Myth no 6: Adultery, separation, child and financial arra
The question of what constitutes adultery, and whether it impacts on child and financial arrangements, is not as clear cut as the uninitiated may think. Many people would consider that any extra-marital relationship is adulterous, and that the fact of an extra marital relationship puts the wronged party add an advantage in terms of child and financial arrangements. In fact, the legal definition of adultery is very narrow, and in most cases, adultery confers no benefit to the wronged party in terms of the legal aspects of divorce. The law says that a relationship is only adulterous if it is between a man and a woman who are not married to each other, where at least one party is married to som
