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Capitalising Spousal Maintenance – what does this mean?

In divorce and civil partnership dissolutions one of the powers open to the court is – where circumstances permit – to capitalise spousal maintenance.  Capitalisation of a spousal maintenance order simply means rolling future spousal maintenance payments into a one-off payment. Significantly, it does not apply to child maintenance. The court already has the duty

How long does it take to get a divorce?

One of the questions we often get asked is ‘how long does it take to get a divorce.’ Unfortunately, there is no ‘one size fits all’ answer to this question. Timescales will largely depend on the individual circumstances of each case. In this case study, I will look at some of the factors which affect

Collaborative Law: Back to Basics

In March 2020, my colleague, Rachel Nicholl, and I qualified as collaborative lawyers.  It has opened my eyes to a better, kinder, client-led and solution focussed way of working.  I have already been able to put into practice the excellent skills that I have learned from the course, which has influenced and enhanced my practice

The Grounds for Divorce

The position in England and Wales is that there is only one ground for divorce and that is that there has been an irretrievable breakdown of the marriage under Section 1 of the Matrimonial Causes Act 1973.  To prove the breakdown, the petitioner at present (until the Divorce, Dissolution and Separation Bill  – the so-called

There’s no such thing as a quick divorce

The subject of divorce is very much under focus at the moment given the second reading of the Divorce, Dissolution and Separation Bill in the House of Commons. However, for the purposes of this article I am going to consider the law as it currently is rather than what it will hopefully be in the