An undertaking is a promise to the Court that you will, or will not, do something.  Undertakings are useful to use when the Court cannot order that you take a certain action.  For example, the Court cannot order the mortgage company to release your Husband or Wife from the mortgage.  You can give a promise to do everything you can to release the other party from the mortgage and, until recently, it was thought that this was a pretty safe way of ensuring that the Wife could stay in the property, paying the mortgage, and the Husband would be discharged…

Divorce at Christmas can be an incredibly difficult time for everyone involved but it can be possible to get through it. Read our top tips to find out more.Surviving Christmas in the Midst of DivorceGoing through a divorce at Christmas is not something anyone would plan, but, for many, it is a reality. In fact, Christmas is the time of year when relationships tend to come under the most strain, and for some this will prove irreparable. This is a position supported by research conducted for ‘The Visual Miscellaneum’ (David McCandless and Lee Byron) who, after analysing countless Facebook profile…

How you can get through the challenges of Christmas with children following a divorce.Perhaps no other time of the year is quite as conflicted and confusing for a divorced parent as Christmas, especially the first one after relationship breakdown.Whether the children are celebrating the season with you or with your former spouse, the mere fact of Christmas with all its logistical, symbolic and sentimental challenges can easily leave you feeling overwhelmed, embittered or regretful.Yes, it’s all too easy to turn on the television to see all the studio-lit, happy families of Christmas movies and feel like you are the only one…

It is troubling that it’s possible that ministers may be giving some consideration to resurrect plans to increase probate fees by up to £20,000; despite these being quietly shelved due to the early General Election in May. This comes despite the fact that there has been very little in the way of appetite either from lawyers or the general public with regards to the move. Many believe the move flies in the face of British aspirational values while also hitting the pockets of hardworking families and threatening both the financial and emotional legacies of older generations. One disquieting thing remains certain, the government…

There are many reasons why couples decide to draft pre or postnuptial agreements: to protect family property and inherited wealth, to address any major change in financial circumstances, or to set out parameters for potential settlement figures if one party’s wealth far outweighs that of the other at the outset.Fear of infidelity may not usually be spoken about openly as a motivation for couples drafting prenuptial and postnuptial agreements, but it is undoubtedly a factor for many who fear the pain, shame and betrayal of having their spouse embark on an extra-marital affair only to be then left with an…

Returning to practice after a career break (yes, we’re mainly talking maternity leave, here) can feel a very stressful and dispiriting experience. Not only are careers in law extremely competitive and overly-subscribed, many firms are firmly stuck in the rigid and patriarchal past and fail to offer the kind of flexible working environments that reflect the twenty-first century environment we live in – a world in which both men and women work and it is (or at least should be) perfectly possible to combine a fulfilling and financially rewarding career with a rich and involved family life. Against this background…

Finalising your divorce can be a difficult, but also an exciting time, However, before you start planning the rest of your life, there are a few matters to take care of before you can well and truly move on from your previous marriage. 1 – Make a new Will. Your old Will should be changed if it refers to your former spouse, although any bequest to a former spouse will now automatically fail unless the Will makes it clear the provision is to last after decree absolute. Please also remember that if you remarry, any Will made before remarriage will…

In a recent case – T (A Child) [2017] EWFC 19 – Mr Justice Holman highlighted the previously unrecognised value of Facebook as a tool for tracing birth parents. The case involved the adoption application of a young boy; his birth father was aware of the proceedings and present in court, but the child’s birth mother had not been made aware of the proceedings as she’s a foreign national and was believed to be living abroad somewhere.However, the birth mother was traced just a few days prior to the hearing by way of a very simple search of profiles on…

New punishments introduced this week for drivers caught speeding in England and Wales have provoked a mixed reaction among police, press, speeding fine solicitors, motorists, and road safety groupsAlthough road safety groups have welcomed the new guidelines, some police officers and press commentators have expressed concern that the new regime will only increase the burden on the courts system. “By increasing the fines the likelihood is that people will think ‘hang on, I am going to make sure 100 per cent that the evidence stands up to scrutiny’ and challenge it in court,” Tim Rogers, Police Federation lead on pursuit…

The Ministry of Justice has confirmed today (21/4/17) that the proposals for increasing the application fee for a Grant of Probate have been shelved.Following the announcement of a snap election for June 8 2017, the lack of parliamentary time left to deal with outstanding matters before dissolving in early May means the introduction of the controversial fees will be halted. In order to implement the new system of fees lawfully the MOJ requires the approval of both parliamentary houses. The new rates were originally to be considered in parliament after Easter, but this will not happen now.The Proposal to increase…