Stalking becomes a criminal offence

Posted by on Nov 29, 2012 in News

Stalking is a term that is used to refer to unwanted or obsessive attention by an individual or group toward another person. On the 25th November stalking became an offence. The amendment to existing legislation introduces a new offence of stalking involving fear of violence or serious alarm or distress punishable by up to 5 years imprisonment.  To read the legislation see below :

http://www.legislation.gov.uk/ukpga/2012/9/section/111/enacted

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Pensions on divorce

Posted by on Nov 20, 2012 in News

A Scottish Widows report published this month confirmed that only 15% of women who were divorced actually discussed pensions as part of their settlement.

Pensions can be a valuable asset in divorce proceedings and should always be taken into consideration when considering any financial settlement.

 

According to Scottish Widows, the impact of divorce on women’s retirement is especially concerning because almost one in ten women over 50 are wholly dependent on their partner’s savings to fund them in retirement.

The number of women over 50 without pensions is nearly double that of men of a comparable age.

If pensions are not taken into consideration in divorce proceedings then this can leave people financially vulnerable further down the line when they retire.

This tends to affect more women than men as traditionally men have been employed full time and put in place measures to ensure they have adequate funds on retirement.

 

As local family solicitors we specialise in ensuring that all assets including pensions are considered in matrimonial proceedings and can contact pension providers directly to ensure that all relevant information is available before a financial settlement is reached.

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Mid week contact tagged on to weekend contact arrangements

Posted by on Nov 8, 2012 in News

Contact provisions were made in relation to contact between the father and the 4-year-old child whose primary residence was with his mother.

The father was to have staying contact one evening per week and every other weekend. The mother appealed and the father sought to enforce the provisions relying on a number of allegations against the mother.

 

The judge found that the relationship between the parents was acrimonious and that the mother was vulnerable to becoming emotionally upset and that the father knew how to trigger a reaction from her.

The child often witnessed exchanges between the parents and they had both lost sight of his interests.

The judge altered contact so that the weeknight contact was just for 3 hours and that the child should be returned from his weekend contact on a Sunday evening so that he had time at home before the school week commenced.

 

The father appealed and proposed that as opposed to the weeknight contact of three hours, the weekend contact should commence on a Thursday evening instead.

The court found that the revised contact arrangements did cause concern as they increased the amount of time the child and father spent travelling and also increased contact between the parents and the child’s exposure to the tensions in their relationship.

The appeal would be allowed and the father’s proposals were accepted. (Court of Appeal, Hallett, McFarlane LJJ, 30 October 2012 source Jordans)

 

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Sharia Law

Posted by on Nov 4, 2012 in News

The gold standard of English family law is that it is fair, protects human rights and is non-discriminatory

A Parliamentary Bill that will ensure the primacy of UK family law over Sharia  law is to get its second reading in the House of Lords this Friday.

The  Arbitration and Mediation Services (Equality) Bill, first introduced by  Baroness Caroline Cox, is intended to stop Sharia courts in this country  claiming legal jurisdiction over family (and criminal) law issues, with the  clear objective to prevent discrimination against Muslim women in divorce  and family cases.

(Source Sarah Duckworth The Times)

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