The divorce petition has been lodged. The focus can now switch to the two other key components of a separation, of which one is the finances. The process of applying for a financial order, and what order is made at the end, will be an important factor in deciding where to divorce. Many clients assume that processes in England and in France are largely similar. However, this is not the case. In this blog, we summarise the key stages in both French and English financial order applications, including the application, supporting information, hearings, criteria and available orders.
Last week, it was reported in broadsheet newspapers that Sir James Munby, the most senior family court judge in England and Wales, suggested that “widespread distrust […] of the competence or even the integrity of the family justice system and of the professionals involved in it” is one of the reasons for a rise in the use covert recordings among those involved in family court proceedings.
Let’s face it, we are all amateur sleuths these days, and divorce lawyers are no exception. We use the internet to find a restaurant and a hotel. Inevitably, we also have a look at our clients or their spouses and partners at the beginning of a new case. There have been some disasters, among others an apocryphal story where a divorce lawyer with a new client took a peek at the husband on LinkedIn….and oops! - that was the first news the husband had that his wife was considering a divorce. Everybody knows that the inverted iPhone at home is the tell-tale of infidelity (it avoids the possibility of a spouse seeing the impossible to explain “see you tomorrow at the Travelodge, Big Boy” or similar).
In a story picked up all over the world, The Times of India reported that a husband had been ordered to pay “a wapping RS four lakl (approximately £4,800) every month” pending the final decision in the divorce.
Sometimes, it just seems like everyone is doing it. This weekend, Ulrika Jonsson expressed her regrets for cheating on her first husband; the ex-husband of Strictly’s judge Shirley Ballas accused Shirley of “cheating on him with at least 10 men during a stormy marriage”; and comedian Kevin Hart apologised to his family for putting himself “in a bad environment where only bad things happen and they did” in circumstances where someone was trying to make “financial gain” from his actions. To top it, all a new divorce form was introduced by the English Government in the summer with a dedicated section for the details of “the person your partner committed adultery with”.