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Child support for higher earners.
Many couples continue to meet their expenses out of a shared joint account for a while after they separate , or the person who has left contributes ad hoc sums of money from time to time, to meet the needs of the other person or the children as the need arises. There is nothing wrong with doing that but it can give rise to arguments at a later stage, so it is often better to move towards an arrangement where a regular amount is paid each month. That allows both the payer and

John Pratley
Aug 7, 20255 min read


Who gets custody of the dog?
A breakdown in your relationship with your husband, wife or partner will inevitably involve resetting other relationships too. That might be your relationship with your former in-laws, perhaps stepchildren and wider friendship groups. And of course there is the dog. Legally a dog is just a “chattel” which is a word used by lawyers to mean, broadly, things you can own which are not land or buildings. So a car, a watch, and a piece of furniture are chattels, and the dog is just

John Pratley
Apr 15, 20253 min read


New court rules to encourage mediation
Along with other types of ‘Non-Court Dispute Resolution’ in court proceedings concerning the financial issues arising from divorce. Family mediation has been around almost as long as I have. Many of the pioneers of family mediation were based in Bristol, and I am quietly proud of the support family law practitioners working Bristol gave in those early days. Family mediation is not for everyone, sometimes you just have to go to court, but mediation is surprisingly effectiv

John Pratley
Apr 12, 20243 min read


Not everyone who gets divorced is rich.
The family law reports are bedtime reading for most family law solicitors specialising in financial issues following divorce. That is where senior judges sitting in the Court of Appeal and the Supreme Court give guidance about how judges dealing with divorces on a daily basis in the Family Court across the country should approach divorce settlements. The actual law on the subject, to be found in Matrimonial Causes Act 1973 is remarkably vague, so the family law reports flesh

John Pratley
Apr 5, 20243 min read


What is proprietary estoppel?
Financial disputes between unmarried couples often centre on their home. One of them owns it in the sense that they are registered proprietor according to the Land Registry but the other contributes by paying for improvements or often by buying materials and doing the work themselves. There are broadly two legal claims they might make. Apple Tree Family Law The first would be to claim that they have an interest in the house, or in common parlance that they own part of the eq

John Pratley
May 19, 20234 min read


How do I fill in and get help with my E Form/Financial statement for a divorce.
At some point, if you become involved in a discussion, or a detailed negotiation about financial issues arising from your divorce, you will probably have to fill in a form E. By that stage you would be wise to have consulted a solicitor who specialises in financial issues arising from the divorce, and s/he will help you to fill it in. But this post aims to explain and demystify form E a little, and it includes some detailed practical points if you decide to fill it in on your

John Pratley
Jan 10, 202311 min read


Why do I have to tell my ex I'm in a new relationship?
“Why do I have to tell my ex-wife that I am in a new relationship, for our financial remedy proceedings, and will my new partner’s house and money get dragged into it?” “My ex-husband is living with his new partner, but he is lying about it – what can I do?” I get asked these questions quite frequently. The issue of involvement of new partners, and how they might affect the position on financial issues arising from a divorce is understandably sensitive. It is not possible to

John Pratley
Nov 1, 20224 min read


Capital Gains Tax and Divorce
Capital Gains Tax (‘CGT’) can be quite complicated when it comes to finances following a divorce, with snags to trap the unwary. And the detail can be very important, so you should always take advice about your own particular situation from a solicitor who specialises in divorce law finances and tax, or from an accountant, rather than relying on general guides For a lot of people who are divorcing, CGT is not an issue, because their main asset is their home which gets special

John Pratley
Aug 3, 20225 min read


The treatment of personal injury awards in financial disputes in divorce.
Cases involving people who have received awards of damages for a serious injury or accident can seem particularly sad. Most often the person in question will have been left with lifelong consequences of their injury, which may affect them in many ways. It can be a loss of mobility, or loss of sight, or impaired brain functioning, for which they will have received an award of damages. Then, some years later, they find themselves facing marriage breakdown, with all its conseque

John Pratley
Jun 28, 20225 min read


No Fault Divorce With Brexit & Knife Crime In The Headlines
The government’s commitment to introduce no-fault divorce legislation is welcomed, of course, by virtually everyone who works in the...

John Pratley
Apr 12, 20194 min read


Be Careful If you Do Your Own Divorce
The case of the case of M v P which was heard in the High Court in London in February 2019, is a salutary reminder of the risks of DIY...

John Pratley
Apr 1, 20193 min read


Is my husband/wife entitled to half my business if we get divorced?
Businesses raise particularly difficult questions in divorce. Of course, if a husband and wife have been actively involved in running a...

John Pratley
Dec 7, 20186 min read
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