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HAPPY HOLIDAYS – A TIMELY REMINDER WITH HALF TERM APPROACHING

HAPPY HOLIDAYS – A TIMELY REMINDER WITH HALF TERM APPROACHING 2000 1331 88admin

Tickets, passport, money – all checked and packed, but have you got permission from your ex-partner to take your children on holiday?

If you have family and friends who live outside of England and Wales, naturally you may want the children to spend time with them during school holidays.  However, if you are the parent who does not live with the children on a day to day basis, your ex-partner taking your children outside of England and Wales may cause concern, particularly if you feel the destination is not safe or you are afraid your ex-partner will not return with the children.

Some of those concerns may be dealt with by providing the address where the children will be staying, flight details and travel arrangements or agreeing contact whilst the children are away. However, if you still do not feel that it is in the children’s best interests to take the trip, you need to act fast by seeking legal advice to prevent your ex-partner taking the children out of England and Wales.

If you are the parent wanting to take the children out of England and Wales, your ex-partner may be more likely to agree, if you provide details of the trip well in advance.  After all, if you are open with arrangements for the children, it is less likely that you are going to permanently remove the children from England and Wales.  If your ex-partner does not agree, you will need sufficient time to seek legal advice before the trip can take place.

Ultimately, both parents no doubt want their children to experience different cultures, travel and have a lovely holiday.

For advice on this issue, please call or email Amanda Holland, Ashley James Solicitors on 0121 355 4555 or 0121 702 1380 a.holland@ajsolicitors.com

OBTAINING A FINANCIAL ORDER

OBTAINING A FINANCIAL ORDER 2560 1709 88admin

Getting divorced has been made easier, but obtaining a Final Order (previously a Decree Absolute),  should not be the end of the story.  Few people realise that until a final financial order is made, financial claims remain open, even after a Final Order is made in divorce proceedings.

In the case of Wyatt v Vince, the parties separated in 1984 and eventually divorced in 1992, but a financial order was not made. At the time, the family had modest means.   However, Mr Wyatt’s green energy business took off and he became a multi-millionaire.  In 2011, 27 years after they separated,  Mrs Wyatt made an application for financial provision.  Following various appeals,  Mrs Wyatt was able to proceed with her financial application.

In the case of Briers v Briers, the parties separated in 2002 and Decree Absolute was made in 2005.  No financial orders were made.   In 2013,  11 years after separation,  Mrs Briers made a  financial application.   Mr Briers  unsuccessfully argued that a final financial  agreement had been reached in 2005 which involved Mrs Briers receiving a payment of £150,000, the transfer of the family home and company shares being transferred to Mr Briers.   Although a draft separation agreement had been prepared, a final financial order had not been made and Mrs Briers was therefore able to proceed.

The court will take into account all the circumstances of the case, including delay in making an application, but that may not prevent a financial application being successful.  It may seem at the time of separation or even divorce, that modest assets do not justify the cost of entering into a consent order as in the case of Wyatt v Vince.

However,  if one party inherits, sells a company or wins the lottery that may encourage a former spouse to make a financial claim.  However, it does not have to involve  a life changing event such as a lottery win.  If a former spouse falls on hard times, then that may be enough.  A final financial order made at the time of the divorce provides certainty for the future for both parties.

Amanda Holland, Ashley James Solicitors, 0121 355 4555a.holland@ajsolicitors.com

The Final Step

The Final Step 2200 1468 88admin

On 6th April 2022, the law was changed to remove “blame” from divorce proceedings.  Getting divorced has been made easier and hopefully less contentious, but obtaining a Final Order (previously a Decree Absolute),  should not be the end of the story.  Few people realise that until a final financial order is made, financial claims remain open even after a Final Order is made in divorce proceedings.

In one case, 27 years after the parties separated, the wife successfully made an application for a financial order.  In another case, 11 years after separation, despite the husband believing that the parties had reached an agreement at the time of separation, the husband having paid £150,000 to the wife, the wife made a financial application after the divorce was finalised and was able to do so, because their “agreement” had not been made into a financial order.

The court will take into account all the circumstances of the case, including delay in making the application for a financial order, but that may not prevent a financial order being made.  It may seem at the time of separation or even divorce, that modest assets do not justify the cost of obtaining a financial order, but a change in circumstances may encourage a former spouse to make a financial claim.  However, it does not have to involve  a life changing event such as a lottery win, inheritance or sale of a company.  If a former spouse falls on hard times, or retires and realises that they do not have enough pension to live on, then that may be enough for them to make a financial application.

Amanda Holland, Ashley James Solicitors, 0121 355 4555 or 0121 702 1580, a.holland@ajsolicitors.com offices in Sutton Coldfield and Solihull