With 40% of marriages ending in divorce, many people believe it to be a simple and uncomplicated process. However, divorce law is not always easy to understand, and has caused many popular myths. Here we look at the top 10 common misconceptions about getting a divorce.

Whether retirement is imminent or even some way off, pensions are still taken into consideration when dealing with assets on divorce, and can actually often be the largest asset to consider. Irrespective of who the pension belongs to, it is still an asset about which a court can make orders on divorce. This applies both ways, meaning each spouse will have a ‘claim’ against the other’s pension provision.

It is likely to be extremely worrying if you receive a letter from children’s social services headed “Letter before Proceedings”.

We are often asked to advise relatives particularly Grandparents about “Special Guardianship Orders” but what are these orders and why would you need one?

According to the Office of National Statistics in the year ending March 2019, 1.6 million women and 786,000 men experienced domestic abuse. The number of women and girls killed in England and Wales had also risen to its highest level in 14 years with a 10% increase having been documented. Between March 2018 and March 2019 there were 241 recorded female victims of murder, manslaughter and infanticide with 48% of those victims being killed in a domestic homicide, and 38% of those victims being killed at the hands of their partner or ex-partner.

A consent order is a legally binding court order approved by a judge in divorce proceedings, filed after both parties have agreed their financial settlement. This is often without the need for either party having to attend at Court.

We are being asked by our clients more and more frequently about the potential need for a pre-nuptial agreement. While some couples may find it difficult or awkward to approach the subject of a pre-nuptial agreement with their future spouse, a day will come in the not too distant future when it will be considered usual if not essential to discuss the need for a pre-nuptial agreement before the big day.

There are many reasons why it is important to try and have an amicable separation. We have highlighted our top three below:

On Monday 20 January 2020 Stalking Protection Order’s (SPOs) came into force allowing Police in England and Wales to apply for emergency orders aimed at protecting victims of stalking.

You can change your mind about divorce and cancel the proceedings, providing both parties agree. If you reconcile at any stage, even after the pronouncement of the Decree Nisi (the middle stage of the divorce), you can ask the Court to rescind the decree and dismiss the petition. This would give the effect of the petition never having been issued. This does, however, mean if the reconciliation does not work out and you do wish to pursue a divorce, you will need to issue a new petition and start the process from the beginning.

If you’re a parent, you’ll be familiar with how difficult it can sometimes be to get your children to accompany you to the shops or appointments. If only you could safely leave your child on their own and get those daily tasks done quickly. But where does the law stand with this?

The High Court has again delivered judgments in relation to applications by the Queen’s Proctor to set aside divorce decrees in four different cases on the ground that the petitions breached the 1 year bar. The 1 year bar is set out in section 3 of the Matrimonial Causes Act 1973 and states that neither party to a marriage may commence divorce proceedings before the couple have been married for 1 year.