For the sake of the children: Good Divorce Week

Victoria Strode, Head of Family Department at Mogers Drewett It’s Resolution’s ‘Good Divorce Week’ this week (26-30 November). While your first reaction may be that there is no such thing as a ‘good’ divorce, it is undoubtedly true that some divorces run more smoothly and amicably than others. Separation and divorce often cause significant emotional…

The benefits of divorce without blame

Rebecca Silcock, Partner – Family at Mogers Drewett The UK government is expected to launch a public debate on proposals to introduce ‘no fault divorce’ which would modernise marital separation legislation that has not been changed since 1973.  What is a ‘no fault divorce’? A ‘no fault divorce’ is where neither party can be blamed…

South West bucks national trend – by splitting up

Simon Walker, Associate Solicitor at Mogers Drewett Figures obtained by Mogers Drewett show that couples in the South West are bucking a national trend, with an increase in the number of them seeking divorces. There was a 16 per cent rise in divorces in the first four months of 2018, when compared to 2017, according…

Is your divorce null and void?

Rebecca Silcock, partner in our family team, advises that it has been reported that some divorces have been granted even though they breached time limits imposed by legislation. This means that some divorced people who have re-married may have inadvertently committed bigamy after being wrongly granted a divorce. To obtain a valid divorce, there are…

Love and pre-nuptial agreements in the air

By Victoria Strode, Associate Solicitor & Head of Family at Mogers Drewett. Valentine’s Day is a time for celebrating love and romance and is well known as one of the most popular days for new wedding proposals. In fact, a recent survey found that 23% of women want to be proposed to on February 14th…

Call for cohabiting couples to seek greater protection

Unmarried couples who cohabit are being warned by family law experts at Mogers Drewett that they do not have the legal protections they may think they have in the event of a relationship breakdown. Even if a couple has been living together for many years and have children, they have very limited legal responsibilities towards…

Tackling parental alienation

The damages of alienating a child against a parent  have long been recognised but it was seldom that these issues were tackled expediently by the court.  With destructive and long-term consequences for both the parents and children involved, the Children and Family Court Advisory and Support Service (Cafcass) are now trialing a groundbreaking initiative to…

Law to fit the modern family

Society has changed enormously in recent decades, and nowhere is this truer than the family.  Simon Walker, Associate within the Family Practice at Mogers Drewett examines how the decline of the traditional family unit is shaping the legal landscape. The old notion of the ‘nuclear family’ with working father, stay-at-home mother and 2.4 children is…

Surrogacy – Case of Re Z [2015] – Parental Order

The law regarding surrogacy is a complex area and one which is now shifting towards reform. This was illustrated in the recent landmark case of Re Z [2015] EWFC 73 which concerned an application by a single father for a Parental Order. This case involved a single father’s sperm and a third party donor’s eggs…

What is conduct in financial proceedings?

Financial proceedings in divorce refer to the three stage process the courts adopt in determining how a couple’s finances are separated. During this process, the court must have regard to a number of factors. One factor the court must have regard to is the conduct of each of the parties and whether that conduct is…