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Family Articles

Duncan Lewis Solicitors does not have direct involvement in the cases and events covered in these articles. These are articles that exist in the public domain and are used by Duncan Lewis purely for informative purpose.
Duncan Lewis:Family

What are pre-nuptial and post-nuptial agreements? (7 November 2011)

Pre-nuptial agreements are entered into before a marriage in order to lay out in clear terms the financial settlement in the event of a future divorce or separation and are designed to help protect the financially weaker of the parties. Post-nuptial agreements are entered into after the marriage to ensure that one party did not enter into the marriage only if the agreement was in place.  Read more...

Duncan Lewis:Family

How to enforce contact orders (7 November 2011)

When families split up, in over 90 percent of cases there is a mutually satisfactory agreement between the separated parents concerning their children’s living arrangements. Of the rest, the parties tend to end up in court, where decisions are taken regarding levels of access and other matters. Court orders will be made which, though the parents may not be happy with, at least they have to abide by and an understanding is reached on that basis.  Read more...

Duncan Lewis:Family

The role of contact centres (7 November 2011)

Family contact centres are neutral, friendly and informal places where parents, siblings and children of separated families can spend time together in a safe and supportive environment. Such centres are often called child contact centres to stress the fact that their main role is to provide a child-centred environment, which includes games, toys and a range of facilities that are designed to address the diverse range of needs of children who have been affected by family breakdown.  Read more...

Duncan Lewis:Family

What is considered to constitute domestic violence? (4 November 2011)

Domestic violence is any form of sexual, physical, financial or psychological violence taking place within the context of a family-type relationship and forming part of an overall pattern of controlling and coercive behaviour. Domestic violence also covers such situations as ‘honour crimes’ and forced marriages and can include a very wide range of abusive behaviour, which, if taken separately, would not normally be thought of as ‘violent’.  Read more...

Duncan Lewis:Family

Disclosure in ancillary relief proceedings (4 November 2011)

In divorce cases in England and Wales, the divorce itself is considered the most important factor, with matrimonial assets and other financial matters taking a secondary or ancillary position in the proceedings. As both parties are usually in agreement concerning the divorce there are normally no problems with this part of the arrangement or about arrangements for any children involved. However, there are frequently disputes about the financial assets of both parties, including such matters as pension rights.   Read more...

Duncan Lewis:Family

Are foreign marriages recognised in the UK? (3 November 2011)

Every marriage that takes place within the UK has to be carried out according with the requirements laid down by the Marriage Act 1949 and subsequent amendments to the Act. The basic requirements here are that both parties to the marriage must be of the minimum age required by law. Additionally, they must not be related in a way that is proscribed by the law, such as siblings or first cousins.   Read more...

Duncan Lewis:Family

Disclosure of Childcare Proceedings Documents in Other Proceedings (28 October 2011)

A common issue that childcare lawyers are likely to face is where clients have overlapping matters or matters where the outcome of one case will invariably have an impact on the other. The most common example which comes to mind is where a client has ongoing immigration proceedings alongside their childcare proceedings.   Read more...

Duncan Lewis:Family

Assessment of Parents in Care Proceedings (28 October 2011)

S (A Child) [2011] EWCA Civ 812 - Assessment of Parents in Care Proceedings – Appeal by mother against refusal of an assessment under s.38(6) Children Act 1989.
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Duncan Lewis:Family

Significance of divorce solicitors London (9 September 2011)

A broken marriage is one of the most difficult things to get over. The legal proceedings that follow these break downs are even more difficult to handle and they leave both the partners physically and emotionally exhausted and shattered. Fighting over child custody, division of marital property, and sorting out other financial matters is rarely free of emotion. Seeking advice and legal representation from divorce solicitors London is therefore necessary.   Read more...

Duncan Lewis:Family

Are remedies for domestic violent victims adequate and non-discriminatory? (6 June 2011)

Domestic violence – violence in the home – can take many forms. It includes not just physical assault, but psychological and emotional molestation or harassment, and may also involve pestering, nagging, making nuisance telephone calls and intimidation.   Read more...

Duncan Lewis:Family

Fact Finding Hearings in Private Law Proceedings (6 June 2011)

The following article addresses fact finding hearings which are frequently used in private law, children disputes where allegations of domestic violence are alleged by one parent against another.

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Duncan Lewis:Family

Family Mediation - The Journey (18 April 2011)

Mediation is now at the forefront of family law in England and Wales. In February 2011, Justice Minister Jonathan Djanogly announced that before making an application to court couples must first attend a meeting with a mediator to learn about mediation.
  Read more...

Duncan Lewis:Family

Impacts of Fact Finding Hearings on Family Cases (28 March 2011)

Time and time again the question as to whether a fact finding hearing is necessary is raised in family cases. Where one party has made allegations of domestic violence against the other the first question which usually arises is whether there is need for a fact finding hearing.   Read more...

Duncan Lewis:Family

Missing Children (28 March 2011)

Losing a child is always a problem. Whether it be in moment of panic or over a number of years, this can cause severe anguish for the parents concerned. As we are all too frighteningly aware, this is a problem that will simply not disappear. I only have to refer you to the ongoing McCann search to highlight the anguish and despair suffered by the parents through not knowing the whereabouts of their child.
  Read more...


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