Stewarts Divorce and Family Podcast

This episode focuses on the process of making an appeal, whether for a decision made by the court or during the course of arbitration. Host Jenny Bowden is joined for this episode by partners Debbie Chism and Sophie Chapman. Questions answered in this episode include: • Who can appeal a court decision and what is the process for appealing? • What happens if permission to appeal is refused? • What key points should be kept in mind when deciding whether to appeal a decision? • How do you appeal a decision made in arbitration? • What are the benefits of pursuing arbitration? Stewarts is the UK’s leading litigation-only law firm and the pre-eminent divorce and family legal practice in the UK, ranked No.1 in both The Legal 500 and Chambers. We act for high net worth individuals based in the UK and overseas on divorce and separations, arrangements for children, and agreements including pre-nups and cohabitation agreements. This podcast is hosted by ZenCast.fm

Regular podcast host Jenny Bowden welcomes partner Toby Atkinson and fellow senior associate Fawn Wilkinson to explain child abduction and explore how it is dealt with both in the courts of England and Wales and internationally. [Episode embed] Questions answered in this episode include: • What does child abduction mean? • What happens if a parent moves abroad with a child without consent? • What protections are in place against child abduction? • How does the courts’ approach differ between abductions from the UK to another country and vice versa? • What advice would you give to a parent who thinks their child is at risk of abduction? Stewarts is the UK’s leading litigation-only law firm and the pre-eminent divorce and family legal practice in the UK, ranked No.1 in both The Legal 500 and Chambers. We act for high net worth individuals based in the UK and overseas on divorce and separations, arrangements for children, and agreements including pre-nups and cohabitation agreements. This podcast is hosted by ZenCast.fm

Taking on host duties once again, associate Tim Carpenter welcomes Divorce and Family partner Emma Hatley and senior associate Trevona Hettiarachchi to discuss what they describe as the “tricky topic” of relocation. Questions answered in this episode include: • What does international relocation mean? How can you relocate a child after divorce or separation? • What factors will the court take into account when deciding whether a child should be allowed to relocate internationally? What if the family has more than one child? • What does the law say about relocating within England and Wales? • What would happen if one parent unilaterally decides to move to a different area of the country? • How can parents who disagree on whether a child should relocate, find a solution? Stewarts is the UK’s leading litigation-only law firm and the pre-eminent divorce and family legal practice in the UK, ranked No.1 in both The Legal 500 and Chambers. We act for high net worth individuals based in the UK and overseas on divorce and separations, arrangements for children, and agreements including pre-nups and cohabitation agreements. This podcast is hosted by ZenCast.fm

Having passed the halfway point of Season Two of the Stewarts Divorce and Family Podcast, Episode 6 this week explores the process and best approach to child arrangements applications. A child arrangements order regulates living arrangements for a child and can be sought to regulate other important decisions regarding a child. Tim Carpenter hosts this episode, having explored some “do’s and don’ts” for separating parents in respect of their children in Season One. This time he is joined by senior associate Rosie Stewart and associate Lydia Fowler. Questions answered in this episode include: What is the process for parents to make a child arrangements order?What is the court’s approach to an application and what can a parent expect to achieve?What should a parent think about before making an application or discussing matters with a solicitor?What impact has the Covid-19 pandemic had on the court and children proceedings? Stewarts is the UK’s leading litigation-only law firm and the pre-eminent divorce and family legal practice in the UK, ranked No.1 in both The Legal 500 and Chambers. We act for high net worth individuals based in the UK and overseas on divorce and separations, arrangements for children, and agreements including pre-nups and cohabitation agreements. This podcast is hosted by ZenCast.fm

Schedule 1 is a section of the Children Act which gives the court power to make orders for financial provision for the benefit of children. Questions answered in this episode include: Is the financial provision available through a Schedule 1 application the same as that available through divorce? Can lump sum payments be used to equalise assets, and can orders be made to cover retrospective payments?How are housing and maintenance claims handled under Schedule 1?How does a client obtain an order under Schedule 1?What options are available if the parties do not agree and cannot progress matters amicably? Stewarts is the UK’s leading litigation-only law firm and the pre-eminent divorce and family legal practice in the UK, ranked No.1 in both The Legal 500 and Chambers. We act for high net worth individuals based in the UK and overseas on divorce and separations, arrangements for children, and agreements including pre-nups and cohabitation agreements. This podcast is hosted by ZenCast.fm

Questions answered in this episode include: • Is there such a thing as common law marriage? • How does not being married affect pensions and inheritance? • What can unmarried couples do to protect themselves? • Should the law change to give unmarried couples more rights? Stewarts is the UK’s leading litigation-only law firm and the pre-eminent divorce and family legal practice in the UK, ranked No.1 in both The Legal 500 and Chambers. We act for high net worth individuals based in the UK and overseas on divorce and separations, arrangements for children, and agreements including pre-nups and cohabitation agreements. This podcast is hosted by ZenCast.fm

Partner Toby Atkinson and senior associate Voirrey Ward join Sam Longworth to discuss the options for a nuptial agreement including the ‘tariff approach’, where the pre-nup specifies a precise amount of money or provision calculated according to a formula; and the ‘principle approach’ uses no specific figures but instead a description of which assets are to be shared in the event of a divorce and which are protected from claims. Stewarts is the UK’s leading litigation-only law firm and the pre-eminent divorce and family legal practice in the UK, ranked No.1 in both The Legal 500 and Chambers. We act for high net worth individuals based in the UK and overseas on divorce and separations, arrangements for children, and agreements including pre-nups and cohabitation agreements. This podcast is hosted by ZenCast.fm

Sam Longworth is joined by partner Richard Hogwood and senior associate Charlotte Sanders in the first of two episodes focusing on pre-nups, also addressing post-nups. A nuptial agreement aims to build a framework for what will happen in the context of any future separation and divorce, focusing on the financial aspects but also other arrangements. Pre-nups are mainly used where wealth exists at the time of the marriage or is likely to come to one of the parties later (through inheritance), and one or both parties wish to protect it from a claim if the relationship breaks down. Stewarts is the UK’s leading litigation-only law firm and the pre-eminent divorce and family legal practice in the UK, ranked No.1 in both The Legal 500 and Chambers. We act for high net worth individuals based in the UK and overseas on divorce and separations, arrangements for children, and agreements including pre-nups and cohabitation agreements. This podcast is hosted by ZenCast.fm

Sam Longworth, Jenny Bowden and Tim Carpenter provide an overview of the season to come, explaining the topics to be discussed and the new release schedule. The first season of the podcast provided an overview to some of the most important aspects of family and divorce law. New episodes in season two will go into greater detail on these, as well as introducing other processes and themes. Stewarts is the UK’s leading litigation-only law firm and the pre-eminent divorce and family legal practice in the UK, ranked No.1 in both The Legal 500 and Chambers. We act for high net worth individuals based in the UK and overseas on divorce and separations, arrangements for children, and agreements including pre-nups and cohabitation agreements. This podcast is hosted by ZenCast.fm

On 6 April 2022, no-fault divorce will be introduced in England and Wales. The hosts of the Stewarts Divorce and Family Podcast - Sam Longworth, Jenny Bowden and Tim Carpenter - provide detail about the new system, how it compares to the old process and what this will mean for future divorce proceedings in this one-off podcast episode. Stewarts is the UK’s leading litigation-only law firm and the pre-eminent divorce and family legal practice in the UK, ranked No.1 in both The Legal 500 and Chambers. We act for high net worth individuals based in the UK and overseas on divorce and separations, arrangements for children, and agreements including pre-nups and cohabitation agreements. This podcast is hosted by ZenCast.fm

S1 E1: Introducing season one of the Stewarts Divorce and Family podcast. Hosts Sam Longworth, Jenny Bowden and Tim Carpenter provide an overview of the topics being discussed in season one including finances on divorce, what to expect in court proceedings or alternative routes, and mistakes to avoid. Stewarts is the UK’s leading litigation-only law firm and the pre-eminent divorce and family legal practice in the UK, ranked No.1 in both The Legal 500 and Chambers. We act for high net worth individuals based in the UK and overseas on divorce and separations, arrangements for children, and agreements including pre-nups and cohabitation agreements. This podcast is hosted by ZenCast.fm

S1 E2: Separation can be one of the most stressful life experiences, and meeting with a solicitor to discuss the intimate details of your family life and finances can be daunting. In this episode, Sam Longworth speaks with Stephen Foster and Debbie Chism to provide insight into ‘what to expect’ from your family lawyer to try to demystify that first meeting, so you’re better equipped to move forward. Stewarts is the UK’s leading litigation-only law firm and the pre-eminent divorce and family legal practice in the UK, ranked No.1 in both The Legal 500 and Chambers. We act for high net worth individuals based in the UK and overseas on divorce and separations, arrangements for children, and agreements including pre-nups and cohabitation agreements. This podcast is hosted by ZenCast.fm

S1 E3: Finances are one of the biggest topics facing a separating family. In this episode, Jenny Bowden meets with Toby Atkinson and Carly Kinch to look at the who, what and where of family finances during the divorce process. Our lawyers discuss the process of how assets and income are divided or redistributed by the court, and consider different options available to couples going through a divorce. Stewarts is the UK’s leading litigation-only law firm and the pre-eminent divorce and family legal practice in the UK, ranked No.1 in both The Legal 500 and Chambers. We act for high net worth individuals based in the UK and overseas on divorce and separations, arrangements for children, and agreements including pre-nups and cohabitation agreements. This podcast is hosted by ZenCast.fm

S1 E4: Following on from our initial discussion of finances in episode three, Jenny Bowden is joined by Matthew Humphries and Harriet Franks to cover each individual phase of the disentanglement process, more on the sharing and needs principles, and the different kinds of orders a court can make. Stewarts is the UK’s leading litigation-only law firm and the pre-eminent divorce and family legal practice in the UK, ranked No.1 in both The Legal 500 and Chambers. We act for high net worth individuals based in the UK and overseas on divorce and separations, arrangements for children, and agreements including pre-nups and cohabitation agreements. This podcast is hosted by ZenCast.fm

S1 E5: This episode is focused on some do’s and don’ts for client’s when approaching the financial elements of their separation. Emma Hatley and Adrian Clossick join Sam Longworth to take listeners through early discussion points, tops tips for each phase of a divorce and an explanation of why what’s good for one party is not necessarily bad for the other. Stewarts is the UK’s leading litigation-only law firm and the pre-eminent divorce and family legal practice in the UK, ranked No.1 in both The Legal 500 and Chambers. We act for high net worth individuals based in the UK and overseas on divorce and separations, arrangements for children, and agreements including pre-nups and cohabitation agreements. This podcast is hosted by ZenCast.fm

S1 E6: Having focused in previous episodes of the podcast on choosing your divorce and family lawyer and the financial aspects of separation, this episode looks more closely at the issues that can face separating parents. Tim Carpenter meets with Nicola Hogg and Rosie Stewart to provide a broad overview introducing various principles and guidelines when it comes to dealing with children matters. Stewarts is the UK’s leading litigation-only law firm and the pre-eminent divorce and family legal practice in the UK, ranked No.1 in both The Legal 500 and Chambers. We act for high net worth individuals based in the UK and overseas on divorce and separations, arrangements for children, and agreements including pre-nups and cohabitation agreements. This podcast is hosted by ZenCast.fm

S1 E7: This introduction to mediation and other forms of ‘alternative dispute resolution’ or ADR broadly discusses the non-court based routes available to couples to deal with the circumstances of separation or children issues. Jenny Bowden is joined by Richard Hogwood and Sophie Chapman to consider when cases may or may not be suited to ADR. Stewarts is the UK’s leading litigation-only law firm and the pre-eminent divorce and family legal practice in the UK, ranked No.1 in both The Legal 500 and Chambers. We act for high net worth individuals based in the UK and overseas on divorce and separations, arrangements for children, and agreements including pre-nups and cohabitation agreements. This podcast is hosted by ZenCast.fm

S1 E8: Following on from episode 7, the collaborative law process is another form of ADR. The process can be used by couples who want to end their marriage and achieve a settlement that meets their needs and the needs of their children, if they have any, while avoiding court proceedings and any threat of one of them initiating litigation. Debbie Chism and Voirrey Ward join Tim Carpenter to outline how the process works and how it is best used. Stewarts is the UK’s leading litigation-only law firm and the pre-eminent divorce and family legal practice in the UK, ranked No.1 in both The Legal 500 and Chambers. We act for high net worth individuals based in the UK and overseas on divorce and separations, arrangements for children, and agreements including pre-nups and cohabitation agreements. This podcast is hosted by ZenCast.fm

S1 E9: Arbitration is a way of disputes being determined between two parties outside of court, but in a formal and binding setting. Instead of a judge, the case is dealt with by an arbitrator whose role is to oversee the dispute and ultimately determine it. Sam Longworth, Lucy Stewart-Gould and Jenny Duggan meet in this episode to discuss the benefits that arbitration can bring to divorce and family matters. Stewarts is the UK’s leading litigation-only law firm and the pre-eminent divorce and family legal practice in the UK, ranked No.1 in both The Legal 500 and Chambers. We act for high net worth individuals based in the UK and overseas on divorce and separations, arrangements for children, and agreements including pre-nups and cohabitation agreements. This podcast is hosted by ZenCast.fm

S1 E10: Many of Stewarts’ clients have international elements to their lives. These foreign elements often represent a significant consideration in the context of divorce proceedings and can include living and working in different jurisdictions and owning assets in more than one country. Tim Carpenter is joined by Matthew Humphries and Sarah Havers to discuss the factors taken into account by the court when determining jurisdiction. Stewarts is the UK’s leading litigation-only law firm and the pre-eminent divorce and family legal practice in the UK, ranked No.1 in both The Legal 500 and Chambers. We act for high net worth individuals based in the UK and overseas on divorce and separations, arrangements for children, and agreements including pre-nups and cohabitation agreements. This podcast is hosted by ZenCast.fm