The relationship must have irretrievably broken down based on: Adultery Behaviour Desertion for two years Separation for two years if both consent Separation for five years, even if the other does not consent. It is best to avoid adultery because it might be denied and if you know the identity of the other party, you have to name him or her as the co-Respondent which adds to the costs and stress. A behaviour Petition need not be cruel. It is often sufficient to say that, for example, the other party paid more attention to business, or other…
The respected journalist Gary Slapper writes eloquently in The Times (“thetimes.co.uk”) of how 70% of the English population are not covered by legal aid. If this applied to the NHS there would be an outcry. Because lawyers are perceived as ‘fat cats’, it has gone through and despite protestations, nothing is going to reverse it. The solution is low cost, excellent value fixed fees whereby the litigant acts for himself in person with an add-on service for very small amounts of money. Look for expert advice at fixed fees. We would be interested in your comments, please leave them…
Even if you cannot afford solicitors and barristers, it is normally wise to take advice if the following features exist. Children Allegations of abuse where it is said that you are responsible, A relative or 3rd party, claims part ownership to the matrimonial home, or there are foreign assets or the other party might be going bankrupt. Also Where the other party is not cooperating e.g. avoiding service, or mentally unwell. Have a look at the Hylton-Potts website. We would be interested in your comments, please leave them by clicking on the title…
An excellent article by District Judge Julie Exton in the Law Society Gazette (www.lawgazette.co.uk) on 4 August 2014, focuses on the guidance given by Mostyn J. As the Senior Family Division Judge, the guidance given will be closely followed by judges and therefore litigants should take careful note. There has to be a good reason not to give notice. The thrust is whether the Respondent would take steps to defeat the purpose of the injunction, if he or she was notified in advance, or where the matter is so urgent there is no time to give notice. …
What seems fair to a landlord may not necessarily seem fair to the tenant, and vice versa. “Fair wear and tear” in law, means that with regard to any apparent damage done to the landlord’s property, the landlord must take account of reasonable wear in the day to day usage of the property and not expect over-compensation. Indeed, within reason, wear and tear is part of the cost of letting a property. In calculating anything over and above wear and tear the judge takes into account the original age, quality and condition of the item along with its average expected…
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…
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…
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…
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…
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…
