Up until April 2013, if you were on benefits you had an almost automatic right to Legal Aid for all kinds of legal issues, including arguments over money and children during divorce. Now, only litigants who are seeking a divorce because of domestic abuse or who need to end a forced marriage will qualify for legal aid. Therefore, the answer to the question, ‘Is it possible to get legal aid for a divorce when on benefits?’ is ‘Yes, but only if you are trying to end a seriously abusive relationship’. It is important to understand that the abuse need not…
Provided both of you are resident, in the UK, getting a divorce is a relatively quick and simple process. Every year around 117,000 people get divorced in England and Wales. Usually it takes between 4 and 5 months to finalise the divorce from the date that the divorce petition is submitted. At Hylton-Potts we have a letter from the High Court judge in London, congratulating us on the speed of our litigation and responses. A copy is viewable here and we are rather proud of it Getting divorced is a three-step process, which is easy to understand and follow. Valid…
One of the trickiest parts of getting a divorce is drawing up an agreement about how assets will be divided. Many couples waste months of their lives and spend £1,000s arguing about the division of assets in court. A recent government study showed that, on average, couples who go to court to divide up their assets end up spending around £4,000 to resolve the issue. Typically, it takes around 14 months before the matter is ruled upon, and, often, neither couple is happy with the judge’s decision. Unfortunately, it is not unusual for one spouse to get frustrated and empty…
Light in dark places-opening up Family Courts to the press and public scrutiny. Judgments determining custody battles, care orders and whether children should be rehomed will now be published unless there are “compelling reasons” not to. It will also extend to other private cases in the family courts, such as divorce-related disputes and decisions affecting the health and welfare of vulnerable adults in the Court of Protection. In these cases, the presumption will be in favour of publication, if the rulings are deemed to be in the public interest, or if the judge grants a request by the media…
Extended appeal time limit for Nurses and Midwives Court of Appeal Judgment July 9, 2013 The 28 day time limit for lodging an appeal from a decision of the Nursing and Midwifery Council to strike off or discipline a nurse or midwife can be extended where the appellant personally had done all she could to bring the appeal in time. Court of Appeal said that in the Administrative Court that the 28 day time limit was absolute. But the Supreme Court had subsequently decided, in which it had held that absolute time limits might, in some circumstances, have to yield…
The judgment of the Supreme Court in Petrodel Resources Ltd v Prest gave some clarity for those involved in family and company law. There has been particular practice followed in the family courts; where a spouse was the only shareholder of a company, which held assets but did not have third-party creditors, those assets could be transferred directly to the other spouse in settlement of his or her claims. That the practice ‘must now cease’. The Supreme Court’s judgment confirms that there should be no such practice – the rock of separate corporate personality must be respected. Mrs. Prest’s appeal…
I run a software consultancy company in a highly competitive market. We have a few rain -maker employees who generate excellent profits and I am keen to know what I can do to encourage them to stay. Can I ask them to sign long fixed-term contracts or pay them a bonus which is repayable if they leave within a certain period? The most obvious solution might seem to be a long fixed-term employment contract. However, you cannot force an employee to work. So, in practice, the employee could walk out at any time, despite what his, or her, contract says.…
My company recently began working with a sensitive client who demands we undertake Disclosure and Barring Service checks (DBS checks, previously known as CRB) on my staff. One of my employees was convicted of some offences and did not disclose this when he applied for the job. Our client now demands that we dismiss him if we wish to continue working with the company. We do not want to lose the contact, but are wary of dismissing the employee and are worried about what action he could take against us if we do dismiss him. Can you advise? You are…
Avoid solicitors’ hourly rates. It’s like therapy. Lawyers are paid by the hour. They say things that make you feel good. And it is in their interest to spin things out. But there will come a time when you and your ex are arguing about the last CD, which is now the only thing either of you possess, and you will suddenly notice that both your lawyers are driving shiny Rolls-Royces. So if you need legal help go to someone like Hylton-Potts, who will charge you fixed fees You’re broke A male breadwinner takes a 25 per cent pay cut,…
