Yasmine Roff, Author at John Hooper

New Domestic Abuse Act

On the 29th April 2021 the Domestic Abuse Bill was approved by both Houses of Parliament and became law. The new Domestic Abuse Act brings in much needed change to strengthen the protection afforded to survivors of domestic abuse. The Act should ensure that the Family Court is more accessible to survivors of abuse, […]

Controlling and coercive behaviour in Children Act proceedings

Re: H-N & Others (Children) Domestic Abuse: Finding of Fact Hearings – Key Quotes for Practitioners The Court of Appeal recently heard four appeals about domestic abuse. The Judgment deals with coercive and/or controlling behaviour. It sets out a helpful summary about “Finding of Fact Hearings” and the application of Practice Direction 12(J). The […]

Claiming Costs in Financial Remedy Proceedings

If you find yourself litigating about the financial settlement following your divorce the general rule within those proceedings (known as Financial Remedy Proceedings) is that the Court will not make an Order requiring one party to pay the legal costs of the other party. The Court’s unwillingness to make a Costs Order within Financial Remedy […]

Varying Spousal Maintenance Payments – Extending the Term of Payment

Spousal maintenance payments (also known as periodical payments) require one spouse to make regular payments (typically monthly) to their former spouse for either a fixed period of time, indefinitely until death or until a certain event in the future (for example, until the recipient remarries or cohabits). When a spousal maintenance order has been made […]

Domestic Abuse and the Family Court

Domestic Abuse and the Family Court There are presently four linked cases before the Court of Appeal. The appeals were originally filed in the High Court but “leapfrogged” to the Court of Appeal because of their importance. These appeals deal with cases involving domestic abuse. The appeals have attracted widespread attention from a number of […]

The Cost of Divorce

When seeking the advice of a family law solicitor, one of the first questions that clients ask is often: “How much is this going to cost me?” That question is understandable, given that obtaining a divorce can be both stressful and costly. Unfortunately, there is no easy answer to that question. The costs of the […]

COVID 19: Can I Still Make a Court Application in Relation to My Children?

Many parents will be concerned about how the current crisis is affecting their ability to get Orders in respect of their children. The impact of COVID-19 on our Courts has resulted in a backlog of work with hearings being cancelled and significant delays all round. There have been many publications and guidelines to assist parents […]

The Family Courts – Under Funded, Under Staffed and Under Pressure

It is no secret that the justice system in this county is underfunded, under staffed and under pressure. In 2015 the decision was made to create 11 separate divorce units to take the work away from individual courts. Yet, in 2020, only a small handful of those units remain. The East Midlands divorce unit was […]

“No Fault” Divorce

The Introduction of “No Fault” divorce is nearly upon us. After many decades and, indeed centuries, of outdated divorce law, things are now starting to change. It looks like we are going to have “no fault” divorce in the not too distant future. To get a divorce, you have to show that the marriage has […]