Christmas is closer than we all think and closer than some would care to imagine but it will be here before we know it. For most, Christmas is the happiest time of the year and is filled with fun times with family. For others, particularly separated families, it can be the most difficult time of the year.

In the first instance no they are not! The law in England and Wales concerning dividing assets and liabilities on divorce is exactly the same whether the respective spouses are living in suburbia or the countryside. The starting point or “yardstick” is equality with consideration given to a number of factors in order to help in determining what is “fair”.

Shocking statistics have been revealed confirming that 1 in 13 women in Yorkshire and the Humber have experienced domestic abuse in the last year. Figures from the Office for National Statistics reveal that 7.7% of all women aged 16 to 59 in this region were victims of domestic abuse at least once in the last year. Alarmingly, this means that an estimated 119,500 women and girls in Yorkshire and the Humber suffered abuse in 2017.

An appeal made by a wife ends her lifetime maintenance and her “meal ticket for life”. Mrs Waggott had initially been awarded a settlement of over £9 million plus £175,000 per year in spousal maintenance for the rest of her life. She appealed, asking the Courts to vary the spousal maintenance order to provide her with an additional £23,000 per annum.

As the case of Owens v Owens reaches the Supreme Court today there are continued calls for a change in the law to allow for no fault divorce. The law now requires one person to blame the other for the divorce unless they are prepared to wait 2 years. Even if both parties agree that the marriage is over, blame must be apportioned.

Figures recently released from the Ministry of Justice have shown an increase in the number of grandparents going to Court in order to have contact with their grandchildren.

If you are in dispute with your former partner or spouse or are experiencing difficulties in settling your separation or divorce you may consider that your only option is to go to Court. Before an application can be made to Court, you are required ( in most circumstances) to attend a Mediation Information Assessment Meeting (‘MIAM’.)

Unfortunately, for some, Mediation is not the most appropriate way forward as one party may have suffered domestic violence from the other party involved in the Mediation process. If this is the case, the thought of sitting in a room to try and reach an agreement can be very daunting.