There is an excellent article in The Law Society Gazette for 10 February page 6 “Family Law” reminds us that cohabitation is sharply increasing in the UK www.solicitors journal.com Figures suggest over 3,000,000 of the opposite sex and 85,000 of the same sex. The expression “Common Law Wife” does not exist but there are some rights if expert help has to be obtained. Have you physically contributed to improving the property? Have you paid directly towards a mortgage? Did your partner promise you something specific? Can you provide any of these points with evidence?…
Here is an example of a typical enquiry we get, with obviously all details removed to reserve strict confidentiality. Dear Hylton Potts I have been informed by Inland Revenue that I am no longer entitled to Tax Credits and I need to make a repayment of £xxxx for this year and £xxxxx for last year. They say I was not entitled to claim as a single person and they have evidence to say my partner lived with me at this time. This is not correct, I supplied them with evidence of this, however they claim my evidence was insufficient.…
To avoid mounting costs which can come to many thousands, look for a fixed fee law firm. There are online services such as Quickie Divorce (www.quickie-divorce.com) although generally it is worth paying more for a personal bespoke service, which runs at about £850 but generally each side pays half so it is not too bad. The real issue however are arguments over money and children, and that is where costs really run away. Solicitors write legal letters to and fro for their clients. Often this is to make the clients happy, and the judge will never read them. Before you…
The story of Philip Davison-Sedbury whose 134 year old company was forced into liquidation because Companies House made a spelling mistake in a document it sent out, make such salutary reading. The document gave the impression that it was his company that was in financial trouble, when in fact it was another going into liquidation. No apology was given and Companies House put up the shutters. The result was that Philip’s company went into liquidation itself a few weeks later with a loss of 250 jobs, and heartache to a family who had run it for generations.…
With whom the child makes his or her main base impacts on housing benefits and child support. If you are a single parent without the children living with you, you will get less priority for social housing than if you were the full time carer. Just because you want somewhere nicer than the estate will not get you high on the list. Being joint residents will not help with housing priority either. The person with whom the children live will be able to claim Child Benefit possibly Child Tax Credits or Working Tax Credits. This is all determined by the…
Here is an example of a typical enquiry we get, with obviously all details removed to reserve strict confidentiality. Dear Hylton Potts My problem started when I became homeless with my children and I was pregnant. We had been placed into several hostels and they all were unsuitable accommodation for me and my kids as I was heavily pregnant and had difficulty moving every time. When I asked the Council for suitable accommodation, every time, they would tell me to find private property by myself. I tried hard to find any private landlord who accepts council tenants but to no…
Not just the judge, but each party, is helped by a chronology of key dates. This might be the date of meeting, cohabitation, marriage, separation, signing the Petition, purchase of the matrimonial home and the birth of the children, and any other key dates such as receiving a redundancy pay out or obtaining UK right to remain or citizenship. This can be updated, as the case progresses. A more detailed chronology should also be kept by the litigant “spouse” (not for the judge at this stage), and updated as things progress. If something happens (violence, a threat “You can’t make…
Here is an example of a typical enquiry we get, with obviously all detail removed to reserve strict confidentiality. I am still not quite sure as to why I am in need of solicitors at the moment, as far as I know the GDC states that the process would be straightforward and in two steps; first proving I am of an exempt persons status, which I am sure I can prove easily. Second step would be the assesment itself and I thought it is a matter of being qualified or not. I am not sure if I can make my…
Here is an example of a typical enquiry we get, with obviously all details removed to reserve strict confidentiality. Hello Hylton-Potts, I’ve received 2 ‘notices to pay’ from HMRC. These relate to overpayments of Child Tax Credit Originally, I incorrectly stated on an application form for, what I read as ‘working tax credit’ that I lived alone, when in fact I was living with my partner. As I was filling out a form for ‘working tax credit’ I didn’t include her in the application as I honestly thought it would simply be wasting time i.e. because she hadn’t…
An excellent article in the Law Society Gazette of 2 March 2015 (www.lawgazette.co.uk) called HANDLING FAMILY LAW ACT ORDERS is helpful if you are seeking to obtain a Court Order without notice (ex parte) under the Family Law Act. These orders can exclude somebody from the property, deal with violence and are important because they are enforced by the Police, and can help with children issues. Procedural errors can be fatal. Obtaining an order without notice to the other side under English law is draconian and therefore the correct tactic is to apply for the minimum reasonable order in those…
