Hylton-Potts Law Blog

Legal Issues and Opinions affecting people from across the UK

Ending a same sex marriage or civil partnership

Same grounds and procedure as for homosexual couples, except adultery with the opposite sex does not apply.  Sometimes people talk about annulling a divorce or marriage but this is very expensive and rarely has any advantages. There are packages on the website that offer to get you divorced or get the civil partnership dissolved for £139 + VAT.  Avoid them.  All they do is send you printed forms with no backup, and time and time again people wish they had gone to an expert at a low-cost fixed fee firm to begin with. A divorce can be very stressful, and

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Employment Claims and Early Conciliation

It is a legal requirement, unless an exemption applies, for a Claimant to have made an Early Conciliation to Advisory Conciliation & Arbitration Service (ACAS).  Tribunal claims will not be accepted unless the Complaint has been referred and a conciliation certificate issued. If when ACAS contact the Claimant the Claimant indicates he or she does not want Early Conciliation, the matter is closed. The three or six calendar months’ time limit for bringing a claim (usually three) is paused during the time matter is with ACAS up to six weeks. We would be interested in your comments, please leave them

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Does a divorce lawyer change as a result of his or her work?

The Law Society Gazette June 23 2014, http://www.lawgazette.co.uk reminds us in an article well worth reading, about a very experienced divorce lawyer Marilyn Stowe, that dealing with battling couples all day can change a lawyer’s perception not just of their clients but of life generally.   The stress of divorce can bring out bad qualities, anger, acrimony, bitterness even violence but also love and a clarification of ambitions and priorities.   A man might own a property and then gets married and the wife moves in and later they get divorced.  The one thing he wants, is not that she

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Divorce/Dissolution of a Civil Partnership

Divorce/ Dissolution can be one of the most upsetting and stressful times for anyone to go through. It is never easy on anyone, least of all children so here at Hylton-Potts will do all we can to make it as stress free for you as we can. We will guide you through the whole process and be there to explain everything, every step of the way. Cost We make it as low cost as we can so that you not have to feel like you cannot afford expert legal advice. We charge guaranteed fixed fees, helping to make expert advice

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Cross Examination

This is the most difficult area for a litigant in person (LIP).  This is because it is incredibly tempting not to ask questions but to make speeches.   Cross examination means asking questions.  The rule is:-   (a)                Only ask questions, rather than making points or speeches.   (b)               Only ask any question if you know the answer. and believe it would advance your case.   (c)                Be polite measured and careful.   Being aggressive and confrontational is completely wrong. especially if you are talking to your ex in the witness box.  The Judge is highly experienced and professional and

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Court Submissions/Speeches

As soon as the evidence is finished you get a chance to say your submissions.  Typing or writing this out (legibly), and handing it in to the court clerk before the hearing and your opponent, is a very good idea if you are going to court without a lawyer. If your case is about money you could address each of the section 25 points which are: First, not paramount consideration is Welfare of Children Income, earning capacity, property and financial resources Financial needs, obligations and responsibilities Standard of living pre-breakdown Ages and duration of marriage Physical or mental disability of

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Goodnight Stories

The proposal to fine parents who do not read their children goodnight stories raises interesting issues.  How will that be policed? Are we to have webcams installed by the police or education authorities in bedrooms? Nonsense like this utterly discredits the often valuable input on parenting especially when a relationship is going through a difficult time.  It can give one partner fuel to poor on flames of a fire that which might otherwise burn itself out. If you need expert advice on a relationship or marriage  click on https://hyltonpotts.com/ We would be interested in your comments, please leave them by clicking

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Divorce and its effects on children

The standard wording trotted out by advisers and CAFCASS officers is “Do not forget that you are still parents, even though you are getting divorced’.  Sounds good.  The truth is quite different. Femai http://www.dailymail.co.uk/home/index.html    reminds us divorce always harms children.  Children want things to go back to the way they were.  Arrangements can be put in place which appear attractive even generous, and children loved being spoilt, but that is not what they really want. They want Mummy and Daddy to get back together again.  It is against that background that all solutions must be faced.  Acrimony, violence and

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Bank executives

The Financial Times (www.ft.com) highlights the bank executives in Germany facing criminal charges over the reckless purchase of asset backed securities.   Calls for new laws against bankers are unnecessary.  The laws are in place now.  Stripping Fred Goodwin of his knighthood was spiteful.  The correct response is to examine whether he should face criminal charges.   If he does, even a top experienced criminal lawyer may not save him.   We would be interested in your comments, please leave them by clicking on the title to this blog above

Attending Court

Early night the night before. Half a sleeping pill. Cooked breakfast and get there in plenty of time, smartly dressed. Have some Smints in your pocket. All the above is not a drill or a joke ! Make sure you know the address, and leave with plenty of time.  Few Courts have parking.  You do not want to arrive late and in a flap. There is tight security.  If you are running late get a message to the Court office, or your opponent’s lawyer. Bring a snack for mid morning because there is a lot of waiting around and bring

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