Uncategorized Archives - Page 2 of 5

I’m not happy with my lawyer – can I instruct a new one?

The phrase “I’m not happy with my current lawyer, can you help?” is one which we are all too familiar with at John Hooper & Co. We frequently work with clients who have had disappointing experiences with their first solicitors. In our experience, the reasons for wanting to move solicitors tend to fall into three […]

Capital Gains Tax – Potential changes on the horizon for Separating Spouses or Civil Partners

Capital Gains Tax – Potential changes on the horizon for Separating Spouses or Civil Partners The government has recently published draft legislation which, if formally adopted, would introduce significant changes to the rules that apply to transfers of assets between spouses and civil partners who are in the process of separating. Current Rules Where there […]

The rise in the Cost of Living, Maintenance Orders and Inflation

On divorce (and dissolution of a civil partnership) the court has the power to order one spouse to pay spousal maintenance (otherwise referred to as periodical payments) to the other spouse on a monthly or annual basis for a set period of time or indefinitely. This is an important power of the court particularly if […]

Why do I need a Financial Order when I get a Divorce/Dissolution?

The new Divorce Laws and the online system make it easier than ever for people to obtain a divorce without the need to pay for a lawyer. However, this situation comes with a caution not to overlook the financial aspects of your relationship breakdown. Many people incorrectly assume that the Final Order of […]

Co-Parenting: what are “nesting arrangements” and how do they work?

The phrase “nesting arrangement” refers to a situation whereby the children remain living in one property after their parents separate, and the parents take it in turns to live in that property and care for the children. Nesting arrangements are most commonly used as a short-term solution on separation. These arrangements enable the children […]

The Recession Bites (or does it?)

The press is awash with talk of recession. My mind is cast back to 2009 when the great financial dip caused many people to reveal that the tide had gone out and they did not have their bathing costumes on! In other words, many people had not prepared for the downturn and were […]

Guidance issued to Judges on Fact-Finding Hearings and Domestic Abuse in Private Law Children Act Cases

On 5th May 2022 the President of the Family Division approved new guidance for Judges and Magistrates concerning the use of Fact-Finding Hearings in Private Law Children Act cases in the Family Court. The short guidance is an essential read for all practitioners and people who find themselves in Private Law Children Act cases. […]

‘Gaslighting’ acknowledged in the High Court for the first time

The term ‘gaslighting’ has been used and published for the first time ever in the High Court case of Re B-B (Domestic Abuse: Fact-Finding) on the 20th January 2022. This has been regarded as a milestone judgment which has set a precedent for the use of the term in the Family Court. Gaslighting is the […]

How is debt dealt with in divorce? The difference between “soft” and “hard” loans

A recent case before the Family Court provided some helpful guidance on how debt should be dealt with in financial settlements following divorce together with the difference in the treatment between “soft” loans and “hard” loans. It is quite common that in a marriage either one or both spouses will have incurred debt of […]

Capital Gains Tax Implications for Separating Spouses

For separated spouses and civil partners there may be Capital Gains Tax (‘CGT’) to consider when transferring assets between themselves as part of a financial settlement. Identifying whether CGT is likely to be an issue early on in those discussions is important, because the tax rules for separated spouses and for those spouses still living […]