An associated person is described as:
Molestation can mean anything from physical abuse, emotional abuse, financial abuse, threatening text messages or other forms of communication, or any kind of pestering, harassing or intimidating behaviour.
You can sometimes apply for this injunction on an emergency basis without the other party knowing.
If the court agrees to make the non-molestation order, the other person (called the 'Respondent”) will be served with a copy of it and it will tell them exactly what they can and can’t do. For example, the order might prevent the Respondent from coming near you or your home, or it could forbid them from trying to contact you.
If the Respondent does breach the order, it is a criminal offence and you should contact the police.
This can cause clients a great deal of worry and confusion.
In England and Wales, the only ground for divorce is that the marriage has broken down irretrievably.
The petitioner (the person who starts the proceedings) must then rely on one of five different Facts which are:-
It isn’t possible to get a divorce based on anything else, so if none of the other Facts apply, Unreasonable Behaviour is the default Fact.
It might be that your spouse didn’t want to have to petition based on Unreasonable Behaviour, but they may have been left with no other choice. If you haven’t committed adultery and you haven’t been separated for 2 years, then Unreasonable Behaviour is their only option to get the proceedings up and running now.
Seeing the words Unreasonable Behaviour on a divorce petition can be scary and upsetting.
Normally there are two sides to every story and you might feel the examples of behaviour contained in the petition are either exaggerated, taken out of context or not true. In all likelihood, you could probably give examples of your spouse’s 'Unreasonable Behaviour' too.
The important thing to remember is that any alleged behaviour set out in a petition does not normally affect anything to do with finances or your children, unless it is very serious and relevant.
There are ways of allowing the divorce to go through without having to make any admissions or accept the contents on the petition.
Non-resident parents play a very important role in their children’s lives and they don’t have any less responsibility towards their children than the resident parent. It’s a common misconception that the resident parent has more “rights” or “control”.
Sometimes, non-resident parents might want to change arrangements. If the resident parent doesn’t agree to those changes, the non-resident parent might decide to apply to court to see what the court thinks should happen.
The courts will do what they consider to be best for the children so they need to be satisfied that it is better for the children to change the arrangements than it is to leave them as they are. We have developed a checklist of things for any non-resident parent to consider before they make an application:
However, domestic violence is defined as 'any incident, or pattern of incidents, of controlling, coercive or threatening behaviour, violence or abuse (whether psychological, physical, sexual, financial or emotional) between individuals who are associated with each other'.
A quarter of women have been in an abusive relationship and one man every three weeks is killed by a violent partner in the UK.
Here is a non-exhaustive list of common abusive behaviours:
It can be incredibly difficult to know how to support a loved one who might be suffering from abuse. Above all, you should try not to allow the abusive partner to shut you out, and be ready to support the victim when they are finally able to break free.
Another way you can support them is to encourage them to seek legal advice to find out how the law can protect them with injunctions.
Our family law specialists can give confidential, discreet and detailed advice to put their minds at ease.
Is the thought of spending 20-plus years of retirement with your spouse really that unbearable?
So called Silver Divorces are on the increase. Over 60s are the only age group where divorce rates are rising … and rising. But why? And what happens next?
Retirement is supposed to be your reward for years of hard work. Your chance to live the life you always wanted - focussing on hobbies, making time to visit family, spending summers in the garden and winters in the Canary Islands.
In reality, it can also mean suddenly spending all your time, day-in/day-out, with your spouse and realising you have nothing in common now that the children have flown the nest. You may both have different ideas of how to spend hard-earned pensions, with one eager to make the most of it and the other keen to preserve it for the children and grandchildren.
Nowadays it is far more socially acceptable to decide to seek a brighter future rather than stick rigidly to vows you made perhaps 40 years ago when you were both different people.
The thought of 'starting again' can be daunting for anyone at any age, and perhaps even more so for the retired husband who has never had to cook or clean for himself, or the retired wife who has never had to be responsible for paying bills or going into the loft.
However, fresh starts bring a wealth of new opportunities. There are a number of online dating websites solely for the older generation, meaning life doesn't have to be lonely. Organisations such as Saga offer travel opportunities and other services exclusively for over 50s.
Cunningtons can help you to deal with a separation in an amicable and cost-effective way. All of our family solicitors are members of Resolution, which means we deal with matters in a way that allows both parties to maintain their respect and dignity.
Our family solicitors are experts at advising on all of the legal implications that flow from separations later in life, such as divorces, judicial separation, properties and pensions.
We can also assist you to protect your assets if you are considering cohabiting or remarrying a new partner.