NEW FAMILY COURT

Posted by on Apr 24, 2014 in News

http://www.bbc.co.uk/news/uk-politics-27106066

 

The New Family Courts have now come into being and will affect how family cases are dealt with.

The changes are intended to ensure the right level of judge is appointed for a particular Family Court case, and that it is held in the most suitable location.

In addition reforms to the law relating to children now apply with the abolition of labels such as “residence” and “contact”  and the arrangements concerning children being dealt with under Child Arrangements Orders. Transitional provisions are in place for parents who already have a Residence Order or Contact Order (formerly known as custody and access). If you are experiencing difficulties in respect of your children and need advice on the new law and the effect this may have on you and your children please telephone to make an appointment with one of our family law experts.

 

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SPOUSAL MAINTENANCE AND UNIVERSAL CREDITS

Posted by on Mar 9, 2014 in News

Universal Credit is a new benefit that will replace six existing benefits with one, single monthly payment. It is being phased in between October 2013 and October 2017. The new Universal Credit will replace child and working tax credits. Many people involved in divorce proceedings will have negotiated and agreed a financial settlement involving a payment of spousal maintenance which currently may be paid to a recipient in addition to work and child tax credits. Under the Universal Credit system, recipients who receive spousal maintenance (not child maintenance) will face a £ for £ reduction in Universal Credit. If you are affected by these changes and require advice relating to a spousal maintenance order then please contact us.

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Millions wedded to unhappiness

Posted by on Jul 12, 2013 in News

The Daily Mail has reported that millions of people feel trapped in unhappy marriages due to concerns about their financial security.

The study was conducted by a well known law firm and involved 2000 couples with only four in ten stating their marriage had turned out as they expected it would with a quarter of married people no longer being ‘in love’. Men are said to be frustrated by their sex life and women have too ‘little fun’. Many of the people in the study would end their marriage if their financial security was assured.

We see the strain that living in an unhappy marriage can cause. Often people are unaware of their financial entitlement if they were to consider a divorce and that is why we offer free half hour consultations so people can actually find out what their options are. If you want to speak to a solicitor to discuss matters please telephone us.

 

To read the full article see below.

 

http://www.dailymail.co.uk/news/article-2359589/Millions-wedded-unhappiness-refuse-divorce-money-worries.html?goback=%2Egde_2862119_member_257037934

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Divorce month

Posted by on Jan 28, 2013 in News

January is traditionally divorce month with more individuals initiating proceedings at this time than at any other during the year.

If you are someone who needs assistance then we aim to make the process as painless as possible for you.

Don’t rush into a divorce – it is a life changing decision.

You may wish to book in a for a free consultation to get some initial advice.

Your solicitor can also give you details of marriage guidance counsellors and mediators to explore all your options.

If you do feel that your marriage or civil partnership has broken down then you can take advantage of our fixed fee scheme giving you peace of mind about your legal fees and direct access to your solicitor at all times.

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January is divorce month

Posted by on Jan 9, 2013 in News

January is divorce month | Brighton and Hove Law - Family Law Specialists - Solicitor Advocates
January is traditionally divorce month with more individuals initiating proceedings at this time than at any other during the year.

If you are someone who needs assistance then we aim to make the process as painless as possible for you.

Don’t rush into a divorce – it is a life changing decision.

You may wish to book in a for a free consultation to get some initial advice.

Your solicitor can also give you details of marriage guidance counsellors and mediators to explore all your options.

 

If you do feel that your marriage or civil partnership has broken down then you can take advantage of our fixed fee scheme giving you peace of mind about your legal fees and direct access to your solicitor at all times.

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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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