One of the most frequently asked questions which our busy family law practitioners receive is whether or not it will be necessary for the case to go to court. It is entirely understandable that this should be a concern to most people.
The very idea of having to go to court, face a former partner and discuss with strangers matters which, perhaps only a few months previously, were at the very core of the relationship, is one that fills most people with dread.
The answer, however, to the question about going to court, is not one to which a simple “yes” or “no” can easily be given. As so often with problems, the reality is that “it depends”.
It’s been a busy Dementia Awareness Week for us, and staff have been lucky enough to participate in a range of events, with talks, coffee, conferences and even cupcake practice thrown in (more of which later)! There has been a real sense of people coming together, supporting each other, sharing information, advice and laughs along the way.
When we first started our Health and Community care team, talking about dementia drew fearful reactions. Many people felt that all it represented was an inevitable conveyor belt of care, and an increasing lack of control. It was perhaps not surprising that many doctors did not see the point of giving a diagnosis just as many clients were reluctant to seek one.
Thankfully, as our understanding of dementia has improved, so has the way we work alongside those affected.
We are pleased to support Mental Health Awareness week, and it got us thinking about the experiences of many of our clients, in particular how mental ill health for older adults, carers and those living with long term health issues or disabilities is often downplayed as ‘inevitable’ or ‘just part of getting older’.
When a marriage breaks down, one of the most important areas to be resolved is the future financial arrangements between the parties.
The law on this topic is relatively straightforward. As we have often mentioned in these articles, section 25 of The Matrimonial Causes Act 1973, remains the starting point for all such cases. That section sets out the basic factors which have to be considered before a decision is made how the finances belonging to both parties are to be adjusted. One of those factors is what is described as “conduct”.