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The Review

Laying the foundations for a successful mediation

The family law landscape is changing. The focus is now more than ever on working together to find a resolution. With the introduction of the HMCTS online platform making it easier for clients to complete their own divorce online and the implementation of no-fault divorce in April 2022, family law could see an increase in families trying to work through difficulties outside of the court arena, through out-of-court dispute resolution methods, and primarily through mediation.

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Resource

Application for a Divorce

You can apply for a divorce if you have been married for more than a year and can show that your marriage has irretrievably broken down. Currently this is done by proving one of five facts – adultery, behaviour, desertion, 2 years separation with consent, or 5 years separation.

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Resource

What family lawyers need to know about criminal law: Complainants

Although Corker Binning is a specialist defence firm, we appreciate that family lawyers experience both sides of a criminal investigation in representing both complainants and the subjects of those complaints.

We often receive enquiries via family lawyers from complainants, or potential complainants, seeking advice on the procedure and likely consequences of criminal investigations and proceedings. Whilst it is not usually necessary for complainants to receive formal criminal law advice (although this can be arranged, for example where a client is particularly anxious about the process of providing evidence to the police, or where there is a risk of a counter-allegation), we are always happy to share the benefit of our experience.

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The Review

Blood out of a stone

A court-appointed receiver is a fairly draconian step, but is worth considering as one possible strategy for an unco-operative ex-spouse.

Sadly, it is not an uncommon scenario: following hotly contested divorce proceedings an order is made that requires one spouse to make financial payments over a period of months or years to the other.

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Guidance Notes

Guidance Note: Preparing Pre- and Post-Marital Agreements

Marital agreements are becoming an everyday part of many family lawyers’ workload and it is in recognition of this increasing role that this guidance note on dealing with them has been revised. If these agreements are not a mainstay of your practice then it is important for you to consider instructing specialist counsel to provide an opinion on the content of the proposed agreement, review the advice you have given or draft the agreement itself.

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