An article in the Solicitors Journal 3 March 2015 entitled “Helping parents make a change for the better” by District Judge Julie Exton is well worth a read. (www.solicitorsjournal.com) The Drug and Alcohol Court firstly in London, and now in Gloucestershire, has dedicated social workers, nurses, health visitors, psychiatrists and psychologists on hand in addition to the legal professionals. The health professionals make a recommendation as to whether the case should come before the Family Drug and Alcohol Court (FDAC) and the Judge decides. If there is not real progress within 26 weeks the Judges wrap up the experiment/attempt. The…
Here is an example of a typical enquiry we get, with obviously all detail removed to reserve strict confidentiality. Basically I have been accused of obtaining working tax and child tax credits while living with an undeclared partner. I was asked why my utility bills at my address of XXXX are still in my former partners name , I then asked if this was illegal as I was the person that paid them I just never bothered changing them to my name when we separated . My ex partner John resides at my parents address of XXX and has done…
Instead of battling in Court, warring spouses have the option of arbitrating with the Institute of Family Law Arbitrators (IFLA) and Rodney Hylton-Potts can conduct such an arbitration for you throughout, avoiding the higher costs and formality of instructing a barrister. Also parties reach agreements through negotiation. Mediation, collaborative law lawyer negotiations or direct negotiations. All such proposed Court Orders, founded agreements reach, have to be coupled with a statement of information dealing with basic assets and liabilities of the parties on a Court form called D81. This is a snapshot of assets and liabilities income future plans, very much…
Here is an example of a typical enquiry we get, with obviously all detail removed to reserve strict confidentiality. My husband is now saying he will hand over this mortgaged property to me and that will be my final settlement. No on going money for the rest of my life. My question is how much would you charge me for some advice? At the moment he’s taken some advice himself and what’s to get this over with as quickly as possible. Me having complete ownership of this place is good but I need money to live as I do not…
If a social tenant grants a holiday let, they are committing a criminal offence under the Prevention of Social Housing Fraud Act 2013. Sometimes a prosecution can be avoided by submitting a mitigation package or handing back the keys,with an amnesty. If you are under investigation for subletting your flat take expert legal advice. Hylton-Potts advising on social housing throughout the country, operate highly-competitive fixed fees and have an excellent track record of persuading local authorities not to prosecute. Phone 020 7381 8111 or a 24-hour email legal service at [email protected]. “We would be interested in your comments, please leave…
The Court of Appeal has told the ex-wife of a millionaire racehorse vet, she could not have a meal ticket for life at her husband’s expense and she should get a job. This has repercussions not just for multi-millionaires but it brings more routine cases in line with Scotland and Europe where generous long-term maintenance payments are discouraged and the parties are encouraged to get work and stand on their own feet. Tracey Wright, 51, said she should not have to work but the Judge said that could not go on indefinitely especially after his retirement at 65. Where a…
Most financial claims involve a wife claiming from a husband but we live in modern times. A househusband is perfectly entitled to claim from his wife and this applies to civil partners where the “homemaker” can claim against the partner who pursues a career. The law is gender neutral and it is perfectly possible for a househusband to claim maintenance against his ex in this way. Rupert Nightingale, a freelance photographer, was a househusband married to Kirsten Turner a partner in a leading firm of accountants earning £420,000 per annum. If you are involved in a divorce and want to…
Where civil partners break up there can be a “divorce” (dissolution) settlement between them of their financial assets. Helen Roocroft accepted £160,000 when she split from Ms Ainscow, her lesbian partner, in 2013 after 19 years together. Later when Ms Ainscow died it transpired that she was worth not £750,000 but £6million. Had Helen known that she would not have accepted the modest pay-out. Accordingly, it was open to Helen to make a claim against the estate and to re-open the civil partnership settlement, which she successfully did. If you are or were involved in…
A litigant in person is given latitude by the judges but you still have to follow the family procedure rules. These can be found at http://www.justice.gov.uk. You must look at these and if appropriate print out the ones that apply to your case. If you are stuck do not be afraid of asking the judge what the rules mean or for directions. “Directions” means a Court Order specifically saying what you have to do. Far better to understand fully where you are and what you have to achieve than to guess and remain quiet and be “shy”. The first hearing…
Preparing your case. Work out what your case is. A good way is to write it down calling yourself the Claimant and the other party the Defendant. This is a prelude to actually what the claim looks like. It might go something like this. The Claimant asked the Defendant to build a conservatory on his house. The cost was agreed at £7,500 plus VAT recorded in an exchange of emails on 3 October 2014. When the work was completed, the Defendant asked for a further £1,500 claiming there were extras to which the Claimant had agreed verbally. The Claimant denies…
