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Legal Resources and News

Read jargon-free articles and guidance pieces written in-house by our solicitors and keep up to date with what's happening at Neves.

Browsing Tag
separation

Hague ConventionIf you have recently separated from your partner who also has parental responsibility for the children, you may find your ex-partner refusing to allow you to take the children on holiday outside of the jurisdiction of England and Wales. In such situations you will require permission from the Court to take your children on holiday otherwise the travel may be considered child abduction.

What is a MIAM? 

A Mediation Information and Assessment Meeting (MIAM) is conducted by an authorised family mediator for the purpose of providing parties with information about mediation and other disputes resolution mechanisms available. The mediator will assess the suitability of mediation for the parties, having particular regard to any domestic violence or risk of harm for children subject to the family application.

As many of you will have noticed the Christmas cards, wrapping paper and presents are creeping their way into the shops and supermarkets. Most of you would consider the beginning of October far too early to consider Christmas, and in terms of presents and ordering the Turkey for the Christmas dinner I would agree.

Resolving the split of the matrimonial finances or the arrangements for the children are two of the more challenging aspects of a divorce or separation. For most individuals, the thought of attending court and the costs associated with contested hearings is extremely daunting; particularly at such a difficult and emotional time in their lives. The majority of the individuals that we meet with have a pre-conceived assumption that unless they have already reached an agreement regarding the split of the assets or the arrangements for the children, then an application to court is inevitable.

When is a concluded agreement capable of being enforced? (A brief look at the Xydhias case)

On divorce, parties are able to agree a financial settlement (provided it complies with certain criteria e.g. that it is fair, reasonable, reached without one party being under duress, and within the law).

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