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Expanded AML remit for the FCA: a good or bad thing?
Colette Best
For many, the prospect of attending a court hearing to decide upon the future of your family or finances can be a daunting process. Courts tend to be formal, overwhelming and expensive. Thankfully, court is not the only option and alternative dispute resolution methods, such as arbitration or mediation, can often assist in achieving a more amicable, timely and economical resolution.
When a relationship breaks down there is often a discussion about whether the children will live with one parent or the other. While we are in an age of 'shared parenting', the reality is that this does not normally mean that children live with each parent 50% of the time. The age of the children, distance between homes or work commitments may simply make that unworkable. While it might be an outdated term, this means that one parent usually has 'primary care'.
This week is Resolution’s Family Dispute Resolution Week and the focus is on “putting children first.” Resolution is a national organisation to which many family lawyers belong. Members of Resolution are committed to helping parties deal with their divorce and separation in a non-confrontational way.
As solicitors in the family team at Kingsley Napley, we experience first-hand on a daily basis the need for children to be placed at the centre of all decisions made following separation. Ensuring a child is put first is also well reflected in the law and the court’s first consideration is always given to the welfare of the child.
As covered in our earlier blog on how separation and divorce could affect your right to remain in the UK, the breakdown of a marriage for a couple with an international background can be particularly difficult if one party relies on the other’s immigration status to stay here.
Research released earlier this week shows that over half of divorce petitions lodged in England and Wales each year are based on behaviour. In our experience, the examples of behaviour used are wide ranging but, as the research has found, not necessarily accurate or a true reflection of the circumstances. We are told that almost a third of those filing for divorce have admitted that the examples given were fabricated in order to proceed with their divorce as soon as possible.
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