Proposed no Fault Divorce, Dissolution and Separation bill

Proposed no Fault Divorce, Dissolution and Separation bill

Posted by on Aug 12, 2019 in News

These Explanatory Notes relate to the Divorce, Dissolution and Separation Bill as introduced in the House of Commons on 13 June 2019 [Bill 404].

These Explanatory Notes have been prepared by the Ministry of Justice to assist the reader in understanding the Bill. They do not form part of the Bill and have not been endorsed by Parliament.

These explain what each part of the separation Bill will mean in practice; provide background information on the development of policy; and provide additional information on how the Bill will affect existing legislation in this area.

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Reported crimes involving adolescents attacking their parents has doubled

Reported crimes involving adolescents attacking their parents has doubled

Posted by on Aug 7, 2019 in News

BBC has reported that the number of reported crimes to the police involving adolescent children attacking their parents has doubled in the past three years.

Comparable data for 19 police forces in England, Wales and the Channel Islands saw annual reported crimes jump from 7,224 in 2015 to 14,133 in 2018.

A charity said violence towards parents could indicate a cry for help, with support “often too hard to access”.

The National Police Chiefs Council (NPCC) said the rise was due to a change in recording practices.

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Childcare cases increase is ‘running up a down escalator’ on Family courts

Childcare cases increase is ‘running up a down escalator’ on Family courts

Posted by on Jul 3, 2019 in News

Top judge says parents need to be persuaded not to bring childcare cases to court as family courts are having to “run up a down escalator” to keep pace with unprecedented increases in childcare cases, the most senior family judge in England and Wales has said.

Launching a review of the overburdened system, Sir Andrew McFarlane, president of the family division, said some parents needed to be persuaded not to bring claims to court in order to reduce the pressure.

Cuts to legal aid had also resulted in an influx of “litigants in person”, exposing district judges and magistrates to the fury of unrepresented and “emotionally charged” claimants who had sometimes posed a security risk, Mr Justice Cobb, who is in charge of private family law, acknowledged.

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It’s official: government ends divorce ‘blame game’

It’s official: government ends divorce ‘blame game’

Posted by on Apr 10, 2019 in News

Couples will no longer have to prove fault to get divorced after the government announced today that it will introduce legislation to end what it called an ‘unnecessary blame game’.

Justice secretary David Gauke said he had listened to calls for reform and ‘firmly believe now is the right time to end this unnecessary blame game for good’.

Current law requires spouses to evidence at least one of five ‘facts’: adultery, behaviour, desertion, two years’ separation (if the other spouse consents to the divorce), or five years’ separation (if the other spouse disagrees).

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Divorce laws overhaul will ‘end blame game’ for couples

Divorce laws overhaul will ‘end blame game’ for couples

Posted by on Apr 9, 2019 in News

Current laws mean spouses have to provide evidence for a divorce if one partner does not agree to it.

Divorce laws are being overhauled for the first time in 50 years to end the “blame game” of couples trying to end their marriage.

Under current laws in England and Wales, unless someone can prove there was adultery, unreasonable behaviour or desertion, the only way to get divorced without a spouse’s agreement is to live apart for five years.

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Divorce process ‘too complicated’ for litigants in person

Divorce process ‘too complicated’ for litigants in person

Posted by on Mar 20, 2019 in News

The Gazette has announced today that the Divorce process is ‘too complicated’ for litigants in person. Also people are still forced to petition on the basis of behaviour as we do not have “no fault” divorce.

Many people instruct us having attempted the divorce process themselves and it having gone wrong. The Ministry of Justice has tried to simplify matters the procedure but it can still cause difficulties for people (which in turn can cause inordinate delays) at a time when people simply want to move forward with their lives.

Should you need assistance with any part of the divorce process please do not hesitate to contact one of our highly experienced divorce lawyers on 01273 205 805.

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New probate controversy as MoJ dismisses ‘tax’ definition

New probate controversy as MoJ dismisses ‘tax’ definition

Posted by on Mar 15, 2019 in News

Update on the proposed probate fee increases sees Labour mounting a challenge to the stealth tax proposed by the chancellor. Under the proposed plans probate fees will be linked to the size of the estate and could cost people £6000 instead of the £155 payable now.

Fresh concern has been raised about the proposed overhaul of probate fees after the Office of Budget Responsibility said it expects the new fee structure to be classified as a ‘tax’ despite the fact ministers have previously rejected that assertion.

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Sneaking through higher fees for grieving families sets a dangerous precedent

Sneaking through higher fees for grieving families sets a dangerous precedent

Posted by on Feb 20, 2019 in News

Inheritance tax, even though only one in 25 estates are subject to it, is probably the most loathed tax levied in this country.

That is clearly understood by nearly every politician.

George Osborne’s promise at the 2007 Conservative Party conference to lift the inheritance tax threshold to £1m enjoyed such a rapturous reception that it frightened Gordon Brown out of calling a snap election that autumn.

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Government publishes landmark domestic abuse bill

Government publishes landmark domestic abuse bill

Posted by on Jan 22, 2019 in News

What does the domestic abuse bill mean in practice ?

People who are imprisoned for domestic abuse crimes and then released on licence may have to undergo lie detector tests as part of their conditions.

Domestic abuse offenders, who are considered high risk, will be subject to polygraph testing as a licence condition following their release from prison Victims will no longer face cross-examination by perpetrators in family courts.

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