Questionnaires in Divorce When your spouse’s Form E arrives you may well find it unsatisfactory. You will have the opportunity of putting questions to the spouse about it. Questions mean questions. It does not mean that you plead your case, or make points. A legitimate question might be “You say you have a bank account at Barclays Clapham & you say you have attached the statements, but there are no statements for the period September to December 2014”. Another legitimate question might be “You say you have no assets worth more than £500 but do not accept that the watch…
Who can look at divorce and children documents? You can show your Court documents and letters to a legal adviser, McKenzie friend healthcare professional, supportive partner (who must keep them confidential) social worker, CAFCASS or your MP. You cannot, however, show them to the press or give confidential details to a group like Families Need Fathers. This can be serious contempt of Court, especially in cases involving children. If in doubt about whether you can show your Court documents and letters to a third party seek expert advice. We would be interested in your comments, please leave them by clicking…
An excellent article in the Solicitors Journal, page 15, on 9 December 2014 by Claire Reid (www.solicitorsjournal.com) on 9 December 2014 is well worth a look. Where one party has behaved unreasonably with reckless or wanton spending, the judge can “add back” that amount, into the pot before the division of assets. Spending has to be “wanton” and off the wall, not just a bit extravagant. A good fixed cost solicitor or lawyer will work with a client dividing tasks, and the preparation of the add-back document/analysis is something the client can largely draft themselves. The judge will analyse…
Our prison consultants have experience of prison life because they have been there. Ex- offenders who can advise you based on their real experience. The role of criminal solicitors and lawyers stops at conviction, and maybe a quick word in the cell. The fear of the unknown is the worst thing. Each consultation is in the strictest confidence and with utmost discretion and particularly will help “white collar” defendants and/or those with some savings or well known, who could be targeted. A bespoke service will give advice to you and your family on what to expect and how…
It used to be custody and access. Then it became residence and contact. Now it is Child Arrangement Orders. So now that is what you apply for, rather than a Residence or Contact Order. This is designed to demonstrate that residence and contact are perceived as unequal, although shared residence was always be a possibility. It is only semantics however and the bias and prejudices remains. There is a presumption of parental involvement and strict controls on the use of expert evidence in children cases. Expert advice should be taken at an early stage. At…
The expression “family law” covers divorce, adoption, property settlements and children. Court hearings determine who lives where, who gets what financially and how the children’s future is planned and arranged. If you have a child and you are not married to the parent you can get a Court Order which can go beyond Child Support Agency (CSA) awards for specific items. The Court will help you if there has been violence or threats, verbal abuse or with cohabitation rights. The Children Act 1989 governs aspects in relation to residence with contact to and money for children. Parental Responsibility…
If you cannot pay your debts you may go bankrupt or be made bankrupt. This is following the service of you of a statutory demand for your bankruptcy or an unsatisfied judgment followed by a sheriff attempting to seize your goods. If you go bankrupt the official receiver takes over. It is important that you are completely truthful with him and not to is a criminal offence. If you are in difficulty with bankruptcy then look at www.gov.uk/bankruptcy or www.nationaldebtline.org or www.stepchange.org. If you are served with a statutory demand you can apply to have it set aside if you…
There is nothing in law that says you cannot use your maiden name any time you like before or after the marriage. The best way of doing this is to sign a Deed Poll which can be done via the internet or a legal fee of little more than £100, from a fixed fee, legal supplier. Copies are then sent to your bank passport office driving licence credit cards etc. It does not have to be registered anywhere. Experience shows that the most efficient and experienced fixed fee solicitors and lawyers are in London, despite extra overheads. We would be…
Bitcoin An excellent article in the Solicitors Journal on 25 November 2014 (www.solicitorjournal.com) called “Getting your head around Bitcoin” is well worth a read. Bitcoin allows money to be sent as data/information with no third party involvement. It is therefore different from Paypal or e money. There is no authority, or third-party between the sender and recipient. There are obviously huge regulatory and other concerns, but the concept is massive and growing. Bitcoin can be used as a currency or for savings. Any small or medium sized business must get to grips with Bitcoin urgently. This is particularly in…
Intestacy (which means you die without making a will) Where the deceased leaves no children, the residuary estate will pass to the deceased’s spouse/civil partner absolutely. Where there are children, the surviving spouse or civil partner will take half of the residue absolutely instead of, as previously, taking a life interest in half. The definition of personal chattels is amended to cover all tangible moveable property except for : • property which consists of money or security for money, or • property that, at the death of the intestate, was used solely or mainly for business purposes or was held…
