Question: I split up from my partner about six months ago. At the time, my son was only a few months old. Since then things have been difficult. I do see my son, but my ex-partner does not always stick to the pre-arranged times. This is very worrying, but my most pressing concern comes from the fact that she wants to take my son away for three weeks over Christmas. She will not tell me where she is taking him and I know she is not planning to visit friends or family this Christmas. The way she is behaving does…
Question: I am Indian, by birth, and married in India. My wife and I now both want a divorce, but I live here, and she still lives in India. Ideally, I would like to get my divorce without having to return to India. Is this possible? Our affairs are quite straightforward, there are no issues surrounding children, property or money. Answer: Provided your marriage is legally recognised in the UK, you can end it using the UK court system. You will have to demonstrate that you are domiciled in the UK for the court to have jurisdiction in this matter.…
This was first published by the solicitors Journal on 21 January 2014 and is reproduced with their kind permission They may not prevent acrimonious divorces but pre-nups give future spouses the opportunity to think through some of the likely issues, argues Julia Thackray The Law Commission has been in the process of consulting on specific aspects of the law on matrimonial finance for the last three years and is shortly due to report on the latest element of that consultation. In 2011 the commission consulted on marital property agreements (the ‘pre-nup consultation’) and in 2012 undertook a supplementary consultation on…
Question: I want to leave my boyfriend, but am afraid to do so. I am in a very unhappy relationship, but my boyfriend says if I leave, he will take our child. Can he actually do that? What are his rights and what are my rights? I have to leave because I am so unhappy, but I cannot risk losing my child. His doctor has had to put him on antidepressants and he is not working. Do these facts have any impact on whether he can take my 4-year-old son from me? In addition, I have two children from an…
Question: About a year ago, my husband moved to Spain for work. The plan was for me to join him, but after a while, I began to feel that I could not trust him. For me the relationship was over and I no longer wanted to move countries to be with him. My husband has now decided that he wants to stay in Spain. I now want a divorce, but do not want to have to go to Spain to get one. Can I get a divorce through the British courts without him coming back to the UK? Answer: It…
Question: My wife and I have agreed that we need to separate. It is best for all of us including our children aged 3 and 2. However, I am worried about my children. My wife is in the RAF, so has a demanding, full time job. Our home is in her name because I do not work. I stay at home and look after both of the children. My youngest daughter has Down’s syndrome. The only cash I bring into the home is the carer’s allowance I receive for looking after her. I am worried because my wife wants me…
I bought a laptop from Dixons. I spent an extra £250 after being persuaded by the rather pretty salesgirl to lengthen the warranty time to four years with its “Whatever Happens policy”. From day one the laptop proved troublesome so I took it back to Dixons, who didn’t fix the problem, so I had it sent to its HQ. It came back after a week, still not fixed. Within a year I had sent it back again, taken it back to the local shop and HQ and the laptop is still not working properly. However I’m now told I cannot…
Benefit fraud has risen by 10 per cent in the past two years to £3.5 billion despite attempts to clamp down on abuse, Government figures show. The latest accounts from the Department for Work and Pensions reveal that benefit fraud, and error, rose by £300 million between 2010-11 and 2012-13, representing 2 per cent of the overall benefits bill. The Government have placed have promised huge resources to clamp down on this fraud, but there are long delays in following it, up due to catching up. It is not if they catch you but when. They might come tomorrow. They…
From April 2013, individuals wanting to bring a tribunal claim will have to inform the conciliation body ACAS first. Claims will no longer be made direct to the tribunal. If conciliation is unsuccessful, the individual can continue with a tribunal claim. Finally, if employers lose a claim, tribunals will have the power to fine them, with a minimum of £100. This will be in addition to the award made to the claimant and the fee reimbursement. For expert advice on bringing an employment tribunal claim talk to the experts Hylton-Potts. We have a free 24 hour legal email service on…
One in four couples who live together has no plans to wed, yet many wrongly think that they have the same legal rights as married couples. Even though the numbers of couples who cohabit in Britain has more than doubled since 1996 to nearly six million, widespread ignorance of the law remains. A third did not know that they do not have the same rights as married partners when it comes to inheritance. Just under a third wrongly believed that their legal rights on finances were the same as those of married couples. Two thirds did not realise that they…
