A child may feel torn between both parents or angry and one or both parents for the relationship breaking down. Every situation will be different and depend on the unique circumstances of the family unit, but it should be everyone’s concern that the children are protected from any animosity between the parents.

If you are experiencing difficulties with a family matter, such as issues relating to a potential divorce and the associated financial aspects or issues concerning your children, you may be considering court proceedings. Before you can make an application to the court in relation to a family issue you must attend a Mediation Information and Assessment Meeting (MIAM). There are exemptions available and these can be discussed with you if necessary.

To prepare for the First Appointment in financial remedy proceedings, each party must file with the Court and serve the other party a questionnaire in respect of their financial disclosure (Form E). When completing Form E, the parties have an obligation to the Court to give full, frank and clear disclosure. The duty is ongoing and includes a duty to disclose any material change in financial circumstances.

The breakdown of a marriage in any family is upsetting, but within a farming family a divorce can be particularly difficult to resolve.

Before any application can be made to court in matrimonial and family matters there is a requirement to attend a MIAM unless there are good reasons why a MIAM is not appropriate, for example in emergency cases or where there is Domestic Abuse.

These days more and more people are spending time abroad, whether they’re overseas on business, trying to build a new life in a different country, or just taking a long trip.

The general rule in private family proceedings is that they are confidential and therefore the details are not widely available. Often when a higher court judgment is published, the parties’ names are anonymised and this applies to all private family proceedings unless there are significant public policy or public interest reasons to the contrary.

The family home is likely to be the biggest asset within the marriage. Both parties have a right of occupation, even if the property is owned in one party’s sole name. Negotiations will need to take place to determine what will happen to the property. There are a few options available:

There are very limited circumstances in which a financial order can be set aside. The power to set aside an order only exists where no error of the court is alleged. In those cases where an error of the court is alleged then an application for permission to appeal should be considered.

The Domestic Violence Disclosure Scheme, often known as Clare’s Law, was rolled out across England and Wales on 8th March 2014. It is designed to provide victims with information that may protect them from an abusive situation before it ends in tragedy. The scheme allows the police to disclose information about a partner’s previous history of domestic violence or violent acts.

If you have reached the decision your marriage is at an end and are looking at commencing divorce proceedings, this can appear to be a stressful and confusing task. However, submitting a Divorce Petition should not be a daunting process.

Often a pension can be a valuable asset to take into account, particularly when one spouse is contributing a lot more into their pension fund. Irrespective of who the pension belongs to, it is still a marital asset and will be treated as any other asset would be, and it must be considered in divorce proceedings.