Varying spousal maintenance orders

Orders for maintenance of a former spouse (or periodical payments) made in divorce proceedings can always be varied, suspended or discharged on the grounds of changed circumstances (Matrimonial Causes Act 1973 section 31). The basis of an application to vary a...

Freezing Orders

Freezing Injunctions On the breakdown of a marriage or civil partnership, a freezing order can be made to prevent one party from disposing of assets before the financial issues have been resolved in order to reduce what the other party might receive as a settlement....

The Family Business on Divorce

A family business is a family asset, and as such will fall into the ‘pot’ for division on divorce. At one time the courts were reluctant to order a sale of a business. If the business produced  income needed by the parties, they would try to leave it...

Severing a Joint Tenancy

There are only two ways in which people can own land together. Land can be held jointly either as beneficial joint tenants or as tenants in common. Neither have anything to do with tenancies as in renting property. They are just legal terms describing how land is...

Matrimonial Home Rights

Matrimonial Home Rights   If, as a spouse or civil partner you do not legally own a share of the property you live in with your respective spouse or civil partner, you can protect your potential share in the property by way of a notice known as the ‘Matrimonial...

Defending a Divorce

Defended Divorce It is possible to defend a divorce petition but only just. You may wish to do so because you genuinely believe that the marriage has not broken down beyond repair and can be saved, or entering a defence may be a tactical move connected with financial...