Related Blog Posts
Restraining orders are injunction orders made by a criminal court-usually a magistrate court-to protect the victim of criminal behavior by forbidding the perpetrator from continuing their course of action. A restraining order can be for any length of time or even run...read more
Co-Respondent If you have been named as a co-respondent in a divorce petition brought by someone's spouse you will need to decide what to do. Obviously you are being partly blamed for the breakdown of a marriage. They are angry and some of that anger is being directed...read more
Things can go wrong with a divorce through mistakes even where it seems there is agreement that the marriage is over and there is no dispute over who gets what. There are a number of mistakes which are commonly made which can lead to problems. We signpost them here....read more
DIY Divorce How practical is a DIY Divorce? Would money saved now by doing your own divorce cost you heavily later on? For most people the answer is that a Do It Yourself Divorce is quite possible especially if: • You and your spouse have agreed everything. This will...read more
Separation When spouses are not living together they may consider themselves separated - but what does that mean in the eyes of the Law? How the Law and a court looks upon a separation when a couple separate but do not divorce can depend upon the type of separation...read more
Divorce may never be easy but it doesn't have to be stressful, expensive and time consuming. If you approach it in the right way it may not be a pleasant experience but it can certainly be made less painful. Here are some tips for an amicable divorce. 1. Don't seek...read more
Spousal Maintenance Orders for maintenance (or periodical payments) 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 maintenance order is therefore a...read more
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....read more
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 intact in the...read more
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...read more
Family 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 Home Rights...read more
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...read more
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Would I get Legal Aid to help me apply to a court for protection from Domestic Violence?
Although legal aid has been abolished for most family cases it is still available in instances of domestic violence. Dependent upon your financial eligibility you may well be granted legal aid and should approach a firm of solicitors carrying out legal aid work.
Will the order which is made also apply to the children?
The court will be very concerned for the children’s welfare. Domestic violence injunctions will include protection for the children even if there has been no violence towards them. You should however give thought to how your partner is to have contact with the children and how their safety can be ensured.