Current Reasons

Currently, there are five reasons (known as “facts”) that are accepted as grounds for divorce:

• Adultery
• Unreasonable behaviour
• Desertion
• Separation for at least two years if both parties agree
• Separation for at least two years if there is consent from only one party

Case for No Fault

However, many family lawyers have spoken in favour of no fault divorce in the UK, particularly following the decision in Owens v Owens in 2018; Mrs Owens was unable to satisfy the current law that her spouse’s behaviour was sufficient to grant a divorce.

The Divorce, Separation and Dissolution Bill, providing for either spouse to apply for divorce on a no fault basis, passed through two readings in the House of Commons and was introduced to the House of Lords on 7 January 2020.

What does it mean?

When the bill becomes law (and it’s not there yet), spouses will no longer need to provide evidence of behaviour or adultery or a length of separation and all that will be required for a grant of divorce will be a statement that the marriage has irretrievably broken down.

It also means that it won’t be possible to defend or contest divorce proceedings and thereby removes some of the antagonism caused by the current “facts”. Courts will be able to make a conditional order 20 weeks after commencement of proceedings, once applicants have confirmed their desire to continue with the application.

There is no date yet for the bill’s implementation but it is expected in Autumn of this year. So, for now, you’ll need to proceed under the current fault-based system. We can provide expert guidance on the most suitable avenue for you and ensure that you achieve the best outcome possible.

Call us on +441213184707 to speak to one of our experts.

Divorce Settlement

Jayne Richardson Derhalli and Kerim Derhalli agreed a “clean break” consent order to divide the family wealth in 2016, leaving Mrs Richardson Derhalli with £6.4 million plus millions more on the sale of their London home, which was in his name.

Sued for Rent

While Mr Derhalli moved out of their home on St Mary’s Place, Kensington in 2014, Mrs Richardson Derhalli remained in residence.

The house was put on the market for £8 million but, perhaps due to the impact of Brexit on the London property market, they struggled to find a buyer for two years.

Mrs Richardson Derhalli continued to live in the house, leading to Mr Derhalli insisting that she should pay him £5,000 per week in rent. However, his ex-wife refused to pay, stating that she was entitled to live in the property rent-free until it was sold. What followed was described by Court of Appeal Judge, Lady Justice King, as a, “cautionary tale” of “personal animosity between them that…drove them…through two appeals.”

Judgements

While a county court judge found that Mrs Richardson Derhalli had been trespassing in the property while she lived there rent-free, this was overturned last year in a High Court ruling; Mr Justice Fancourt found that Mrs Richardson Derhalli was entitled under the terms of their divorce to inhabit the property without paying rent until they were able to sell.

Earlier this month, the Court of Appeal agreed with Mr Justice Fancourt, forcing Mr Derhalli to concede victory to his former wife and face heavy fees from the lawyers involved.

Precedent Set?

According to Lady Justice King, “This case sets no precedent, incorrect or otherwise.” Mrs Derhalli’s lawyer referred to the ruling by stating that, “Common sense has prevailed.” The terms of the financial agreement were in line with the divorcée’s occupation of the house until the sale, and the momentum of the case appears to have been generated more by an acrimonious relationship and the means to fight a very expensive legal battle, than the potential of important case law, as Mr Derhalli had claimed.

Advice

Most people don’t have money to fight court battles, and most people don’t have to. If you need advice on any financial aspect of a divorce, do call us on +441213184707 and we’ll be pleased to offer you a free 30 minute consultation.

Domestic abuse includes not only physical abuse but also emotional, psychological, sexual and financial abuse. Perpetrators of domestic abuse often spend substantial time ensuring they isolate their victims from friends and family before abusing them, in the hope that there will be less people for the victim to turn to, to confide in and to report the abuse to. It is therefore worrying that as mass self-isolation is now underway across the UK, it may make it easier for perpetrators to continue to abuse victims in the knowledge that there is little escape or option to leave the home and seek help.

There has been an increase in the number of domestic abuse incidents reported since the Coronavirus outbreak and this is only likely to increase as the isolation period continues.  It is important to know that if you are the victim of abuse during this time, there is still help and advice available to secure your protection and ensure your safety.

Refuges, domestic abuse helplines and many solicitors who offer family law advice/domestic abuse advice, are still operational even during this shut down period. GPM Solicitor have a thriving family law department covering domestic abuse advice and matters relating to children. Our offices are still open to the public via telephone and we can arrange to hold telephone/Skype/Facetime meetings with you if you need help. Please feel free to call us on +441213184707. Alternatively, you can email our Solicitor Ms Sana Ahmed at: sana.ahmed@ritchmuellerpartners.com if you feel you need guidance and advice but are unable to speak freely whilst at home.

Although the Courts, like many other businesses at the moment, have had to limit their work load and have had to cancel many cases listed for Hearings, the Court is still processing applications for non-molestation injunctions for the protection of domestic abuse victims. So, if you are experiencing domestic abuse, contact us today and we can help you secure protection through a Court Order. Many refuges are still open with places available for victims of domestic abuse so you may also be able to secure temporary safe accommodation away from home.

Always remember that if you are in immediate danger, contact 999 immediately. If you are unable to speak to the operator when they ask which emergency service you require, your call will be forwarded to an operating system. If you can press 55 at this stage, the system will detect this and your call will be transferred to the relevant police force as an emergency.

Do not continue to suffer from domestic abuse, contact us via phone or email to obtain legal advice and guidance today.

Phone: +441213184707       Email: sana.ahmed@ritchmuellerpartners.com

Direct Mobile:07394 561 668

On March 23^rd 2020, the UK government announced nationwide policies for everybody to remain in isolation within their own homes as much as possible, due to the outbreak of Coronavirus. A few exceptions were granted for the need of daily exercise, to shop for essentials items, attend medical appointments or to attend work for those who cannot work from home. Save for those exceptions, the general public have been advised to remain indoors and not to even visit family members or friends.

The government guidelines have made it clear that parents who do not live in the same household and who have children under the age of 18, are able to travel for the sake of facilitating time being spent between the child(ren) and the non resident parent. This is an exception to the mandatory rule to stay at home, but it does not mean a child must be moved between parental homes.

It is important to remember that the Courts are not responsible for parenting or ensuring the daily safety of a child. This is the ultimate duty of the parents and those who hold parental responsibility. The parents of a child who hold parental responsibility are always ultimately duty bound to ensure the safety and wellbeing of the child. This means that despite any Court Orders that may be in place, it is the parent’s responsibility to act reasonably and to assess what is in their child’s best interests.

The country is facing a wide scale unprecedented health crisis. The only concern the Family Courts have at this time is to ensure that children are safe within their homes and that vulnerable children are being taken care of. For the majority of cases, it now falls to the parents themselves to act sensibly and appropriately in discussing arrangements between themselves to find the best way forward for their child.

If a child is generally well and healthy and their parents live relatively near to one another, it may be suitable to continue to facilitate contact arrangements as per usual. No doubt extra precautions should be taken to avoid reliance on public transport and to limit travel and exposure externally as much as possible. However, if a child suffers from any underlying medical conditions or if either parent is deemed vulnerable and therefore at particular risk of contracting Covid-19, parents may need to be realistic and make alternative arrangements to ensure the safety of the child and the health and safety of the parents themselves, as well as any others that may share their household. It may be the case that usual direct contact should be substituted for indirect contact for the current time by way of zoom/skype/facetime/phone calls etc. This may not be ideal but in the interests of general public health and safety, including the safety of a child, this may be the most sensible way forward on a temporary basis.

The best way for parents to deal with these difficult times is to communicate with one another and focus on what is best for the child, and not to take advantage of the circumstances. Stopping contact between a child and their parent or refusing to return a child to their resident parent, without real and justified cause, could result in significant emotional harm being cause to the child. Before making any decisions, it is advisable to talk between yourselves as the parents and try to reach an agreement about how to move forward with arrangements taking the exposure of risk of infection into consideration. If in doubt, seek legal advice before making any decisions.

During this time of crisis, it is suitable and possible to mutually agree to vary the terms of any Court Order from the Family Courts in relation to contact taking place. The Court is unlikely to penalize a parent for acting reasonably and agreeing alternative arrangements for a child during this pandemic. However, if a parent is seen to be manipulating the circumstances to take advantage of the current state of affairs, to refuse to return a child or to refuse to engage in contact of any form, whether directly or indirectly, this is a matter which can be raised before the Court to be addressed and such unconscionable behavior from a parent would not be taken lightly by the Courts. It is important to remember that at a time like this, the Family Court is keen to  see parents working together in an amicable manner, even if this means the letter of the law through a previous Court Order is not able to be maintained for the current time; as long as the spirit of the Court Order is still being actioned.

It is unlikely that there will be many cases where all forms of contact should be stopped completely, even during the current lockdown period that the nation is facing, alternative arrangements for substituted contact can always take place and should be taking place as much as possible.

If you feel that you have safety concerns for your child, the other parent is not acting reasonably or contact has ceased entirely, you are still able to seek legal advice and have matters addressed by the Court.

We remain open, and although most members of staff are working from home, we are able to assist you remotely, with your preferred method of communication, whether that be by telephone call, video calls or email, we continue to work from home just as we would in the office, due to our advanced IT systems. Please contact us on +441213184707 should you require any legal advice, and ask to speak to one of our Family Panel and Children Panel Accredited Solicitors.

Wherever life takes you, RMP are here to help.