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Disputes about finances (spouses and civil partners)

Untangling shared finances is a key feature of most divorces and civil partnership dissolutions. In practice, the process is separate from, but often runs in tandem with, the divorce or dissolution process itself. Financial disclosure Financial disclosure (designed to lay all the information on the table to create a clear picture) is an essential part of the process and usually dealt with by each party completing and then exchanging a Form E.  This is a court form which set...

Financial provision for children

Legal parents (and in some cases step-parents) have a duty to provide for their children financially. For parents who are separating this usually means that the parent who is not living with the child should contribute financially to the child's care. This might take the form of regular maintenance payments and/or the provision of assets or capital lump sums (such as providing a home).  The law can be more complex for separating parents who have children conceived through assisted reproduc...

Disputes about finances (cohabitation)

Many couples live together without getting married or becoming civil partners. There is no such thing as common law marriage under UK law, regardless of the length of time a couple has lived together. Disputes over assets and properties If a cohabiting couple separates, there will often be issues to resolve in relation to assets which have been owned or enjoyed together.  However, there is no process (equivalent to divorce) designed to untangle shared assets; the law simply looks at who...

Court form - Form A application for financial relief

This is the court form you will need to make an application to the court relating to financial issues.

Court form - Form E financial disclosure form

This is the court form you will need if you are dealing with financial disclosure.

Do you need to consider a pre-nuptial agreement before tying the knot? (Gay Star News, Sept 2014)

Richard's article, published in Gay Star News in September 2014, looks at pre-nuptial agreements

Family break-ups - do you know your rights? (Gay Star News, July 2014)

Richard's article, published in Gay Star News in July 2014, looks at the law for gay and lesbian couples who break up

Lawrence v Gallagher (2012) - civil partnership dissolution, finances

The Court of Appeal made clear that when the court assesses a financial claim between spouses or civil partners, it must consider the list of criteria set out in Section 25 of the Matrimonial Causes Act the principles should apply in the same way to same-sex civil partners as they do to heterosexual spouses.

Radmacher v Granatino (2010)

In this case, the Supreme Court established that pre-nuptial agreements could be upheld by the court if they wished