2022 in review – reflections on the past year in family law

Managing Partner Julian Hawkhead finishes the year with a look back at the significant developments for UK family law over the past twelve months, and reflects on another successful year for Stowe. 

As another year draws to a close, I have paused in the frantic closing off of the calendar year to reflect on events in the life of Stowe and the wider family law world over the past twelve months.

Whilst 2022 brought a renewed sense of hope, no one could have predicted the new challenges that we would face. It’s hard to believe that we started the year working remotely still and talking about the Omicron variant and booster vaccinations.

During the course of the year we have tentatively returned to some “old” ways of life, returning to offices in greater numbers and greater frequency. Collectively it has felt like the ingredient we missed so much in lockdown;

Can I Go Back and Modify My Divorce Decree

Can I go back and modify my divorce decree by agreement? In most cases, it is possible to go back and modify a divorce decree by agreement of both parties. This is typically done through the process of post-divorce modificationCan I modify my divorce decree

Post-divorce modification is a legal process that allows a party to ask the court to modify the terms of a divorce decree after the divorce has been finalized. This can include modifications to issues such as child custody, child support, alimony, or property division.

To modify a divorce decree by agreement, both parties must agree to the proposed changes and submit a written agreement to the court outlining the proposed modifications. The court will review the agreement to ensure that it is fair and reasonable and, if approved, will issue an amended divorce decree incorporating the agreed-upon changes.

It is important to note that not all aspects of a

What is the Best Way to Tell Your Spouse You Want a Divorce in AL

What is the best way to tell your spouse that you want a divorce? Nobody gets married anticipating their union would come to a bitter end. Sometimes the problems pile up, the spark is gone, or you realize your partner is incompatible. Sometimes getting a divorce in Jefferson County is the healthiest option. Of course, this is not a light conversation and several steps should be taken before telling them. Tell Spouse Want a Divorce

The first step is making sure this is what you really want. If you have any doubt in your mind that you might regret the initiation of the divorce, it’s probably not the time to make such a final decision. Take a step back, think about why you want a divorce in Birmingham, or anywhere else in Alabama, then proceed. If you are sure however, it is time to prepare to let them know. 

Choose a time and place that

How Does Chapter 7 Bankruptcy Work

How Does Chapter 7 Bankruptcy Work? By having the majority of your unsecured debt, such as credit card debt, medical bills, and personal loans, officially wiped by a bankruptcy court, Chapter 7 bankruptcy gives you a “second chance” to reclaim control of your finances. Chapter 7 bankruptcy, also known as “liquidation bankruptcy,” is the quickest, easiest, and most popular kind of bankruptcy in Montgomery, or wherever you live. What is a Chapter 7 Bankruptcy in AL

The court conducts a “means test” for each Chapter 7 bankruptcy filing, meaning that not all applicants are eligible. The bankruptcy means test looks at your financial records to see if your disposable income is below the median income for your state. This includes income, expenses, and secured and unsecured debt. States have different means tests based on income.

Successful applicants for Chapter 7 bankruptcy in Prattville, or wherever you live, are able to wipe out a host of unsecured debts. Dischargeable

Can I Use Recordings Of My Children As Evidence In My Family Law Case?

In high conflict parenting cases, there is sometimes the temptation to include video or audio recordings of the children or exchanges with the other parent.  It’s understandable why someone might want to do this whether it’s to protect themselves, collect evidence or prove a point.

Usually when people hear about the admissibility of secret (surreptitious) recordings, it is in the context of criminal law. There are protections against the police using wiretaps or other techniques that invade a person’s reasonable expectation of privacy.

However, in family cases, which are civil proceedings rather than criminal proceedings, there are different considerations for admissibility of secret recordings.

What does the court consider before admitting a secret recording?

Parents will often ask us if recordings can be used in court, in other words are the recordings admissible as evidence?

The overall concern is the best interest of the child, so any evidence that