Category Archive Family Law

ByMichael Morrison

Pre Nuptial Agreements

Family solicitors are expecting a surge in prenuptial agreements following the Court of Appeal’s ruling in Hart v Hart, two weeks ago, which dismissed Mrs Hart’s claim for an equal share of her former husband’s assets.

As much of his assets were acquired before their 23 year relationship commenced it was affirmed that her award of £3.5 million out of a possible £9.4 million was correct.

 

 

 

 

 

 

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ByMichael Morrison

Domestic Violence Offenders Should Be Registered

A report entitled Domestic Abuse in London has recommended that those charged with domestic violence offences should be registered in an attempt to rein in the ever fast rise in this crime.

Between 2014 and 2016 an increase of 9380 incidents, 15%, has been recorded; in the latter year just under 72000 which is 10% of all crimes in London.

This make sense as the victims of domestic violence are usually the victims of re-offenders.

 

 

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ByMichael Morrison

Domestic Violence Cases are Going Unprosecuted

Reports of sexual violence and domestic abuse have risen by nearly 12% year on year over the last four years in London. Cases of domestic violence soared by just under 58% in the same period. Last year despite a rise of almost 7% of domestic violence matters reported the proportion of people being charged with the offence has dropped.

In the year September 2015 to 2016 just 28% of domestic violence cases lead to either a caution, charge or other punishment compared to 41% in the previous four years. There were nearly 6000 rapes which contributed to a total of 17,000 sexual offences with 150,000 being the total of domestic violence incidents. 16% of sexual offences resulted in prosecution compared to only 10% four years earlier.

Whilst victims gain in confidence in reporting crime is commendable it will be a pity if this is thwarted by police inactivity.

Meanwhile a coordinator of a women’s refuge in north west London has been jailed for two years having been charged with fraud by abuse of position for the theft of nearly £35,000 which augmented the charity’s closure.

 

 

 

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ByMichael Morrison

Guide for Appointing a Divorce Solicitor in London

Taking legal advice is never ever a simple matter. Most of the time it concerns something you would rather not have to deal with, divorce, death or wills so trying to find a suitable family solicitor in London can be difficult and challenging.

It will be necessary to discover one that deals particularly with the area of the law that you are concerned with and many family lawyers are capable of dealing with divorce in the UK. Many firms of solicitors are becoming increasingly specialised focussing on certain areas of law, whether industrial, conveyancing, employment, criminal, accident or family law. It is generally worth reviewing their areas of expertise.

Your case might be best handled by a lawyer who has handled comparable areas before so it is a great idea to ask any lawyers in family law that you talk with exactly what type of cases they tend to manage or at a minimum checking that they have experience with the concern facing you. A solicitor in London could be familiar with smaller, basic cases or specialise primarily in financial matters.

Be wary of where you find a lawyer. There are advertisements on the television, the internet, hoardings, regional press and leaflet drops however the first thing you need to do is attempt and get a personal recommendation from someone who has used a reputable firm relatively just recently. Having a reliable recommendation is always best in any area of life and in particular when you need professional advice.

While you will certainly wish to have a connection with your solicitor and feel that they somehow empathise with your case, remember they are not there as a friend however as a legal adviser. Going through a divorce is a psychological occasion and a friendly smiling face may just be what you are searching for however not necessarily in your solicitor. It is their legal acumen you desire from them.

As being familiar with your type of case you desire a reliable lawyer who is prepared to communicate with you and keep you up to date. You do not want to be chasing them trying to find answers. The ideal Solicitor at an inexpensive rate must have the ability to resolve your issues with little fuss, triggering the least amount of tension possible.

If you do not have a suggestion you will find a good solicitor from a referral service such as  The Solicitors Information Service (WhichSolicitor.info) who will certainly not only match your requirements with an excellent solicitor in your location of London but can also assure you of the quality of service you will receive.

An evaluation of the website of a possible solicitor can be more than helpful. A professional pays attention to information detail and ensures that their site is pleasing to check out, has valuable info including examples of cases of which they have had conduct.

<a href=”http://ezinearticles.com/?Tips-For-Appointing-a-Family-Solicitor&id=4351466″> Find out more at ….</a>
Summary
It will be important that you find a solicitor that deals specifically with the area of the law that you are worried with and most family lawyers are capable of dealing with divorce in the UK. There has been a preference of late for companies of solicitors to specialize in certain areas of law, whether office, conveyancing, employment, criminal, accident or family law. While you will certainly desire to have a connection with your solicitor and feel that they in some way empathise with your case, remember they are not there as a good friend however as a legal adviser. As well as being familiar with your type of case you want a reliable solicitor who is prepared to communicate with you and keep you up to date.

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ByMichael Morrison

Child Maintenance Review

A famous footballer has successfully appealed to the High Court’s Family Division over a ruling on his child maintenance payments handed down by a deputy district judge sitting in a County Court. He had been asked to pay about 33.3% of his annual income before tax equalling £60,000 for his two children i.e. £30,000 per child.

The High Court judge ruled that the County Court judge had made an incorrect calculation and should review the decision.

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ByMichael Morrison

Guide for Appointing a Divorce Solicitor in London

Looking for a family Lawyer

Looking for a family lawyer

Taking legal advice is never ever a simple matter. Most of the time it concerns something you would rather not have to deal with, divorce, death or wills so trying to find a suitable family solicitor in London can be difficult and challenging.

It will be necessary to discover one that deals particularly with the area of the law that you are concerned with and many family lawyers are capable of dealing with divorce in the UK. Many firms of solicitors are becoming increasingly specialised focussing on certain areas of law, whether industrial, conveyancing, employment, criminal, accident or family law. It is generally worth reviewing their areas of expertise.

Your case might be best handled by a lawyer who has handled comparable areas before so it is a great idea to ask any lawyers in family law that you talk with exactly what type of cases they tend to manage or at a minimum checking that they have experience with the concern facing you. A solicitor in London could be familiar with smaller, basic cases or specialise primarily in financial matters.

Be wary of where you find a lawyer. There are advertisements on the television, the internet, hoardings, regional press and leaflet drops however the first thing you need to do is attempt and get a personal recommendation from someone who has used a reputable firm relatively just recently. Having a reliable recommendation is always best in any area of life and in particular when you need professional advice.

While you will certainly wish to have a connection with your solicitor and feel that they somehow empathise with your case, remember they are not there as a friend however as a legal adviser. Going through a divorce is a psychological occasion and a friendly smiling face may just be what you are searching for however not necessarily in your solicitor. It is their legal acumen you desire from them.

As being familiar with your type of case you desire a reliable lawyer who is prepared to communicate with you and keep you up to date. You do not want to be chasing them trying to find answers. The ideal Solicitor at an inexpensive rate must have the ability to resolve your issues with little fuss, triggering the least amount of tension possible.

If you do not have a suggestion you will find a good solicitor from a referral service such as  The Solicitors Information Service (WhichSolicitor.info) who will certainly not only match your requirements with an excellent solicitor in your location of London but can also assure you of the quality of service you will receive.

An evaluation of the website of a possible solicitor can be more than helpful. A professional pays attention to information detail and ensures that their site is pleasing to check out, has valuable info including examples of cases of which they have had conduct.

<a href=”http://ezinearticles.com/?Tips-For-Appointing-a-Family-Solicitor&id=4351466″> Find out more at ….</a>
Summary
It will be important that you find a solicitor that deals specifically with the area of the law that you are worried with and most family lawyers are capable of dealing with divorce in the UK. There has been a preference of late for companies of solicitors to specialize in certain areas of law, whether office, conveyancing, employment, criminal, accident or family law. While you will certainly desire to have a connection with your solicitor and feel that they in some way empathise with your case, remember they are not there as a good friend however as a legal adviser. As well as being familiar with your type of case you want a reliable solicitor who is prepared to communicate with you and keep you up to date.

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ByMichael Morrison

Children to be more plainly heard in decisions about their future

Children to be more plainly heard in decisions about their future

Youngsters will have a higher say in family court cases, Justice Minister Simon Hughes announced as he attended to the Household Justice Youth’s Board.

Children involved in any type of household case– whether to remove them into care or disputes about youngster plans following divorce or separation– will be able to have their views heard when choices are made that will influence them.

Speaking to the group of the 24 youths who promote the voices of kids and young people in the family justice system, Simon Hughes set out changes to make it much easier for children and youths to communicate their views in court proceedings.

These options include meetings, letters or pictures or by way of a 3rd individual in addition to their Children and Families Court Advisory and Support Service (Cafcass) officer or social worker.

Simon Hughes also announced the government’s support for out of court disagreement resolution services, such as household mediation, to be more youngster inclusive.

Justice Minister Simon Hughes said:

“For too long, youngsters and young people have actually struggled to have their voices heard throughout the family court procedure. Although they are commonly at the centre of procedures, the views of children and how they feel are frequently not heard, with other people making vital choices for them.

“I have actually been truly amazed with Family Justice Youth’s Board (FJYPB) and the arguments which its members advance. This is why I have actually taken steps to see to it that youngsters and young people from 10 will certainly have the ability to reveal their views in cases which affect them.

“Young people are a few of the most vulnerable in society, and it is essential that we make certain they are at the heart of the family justice system.”.

Last year there were 90,000 kids involved in brand-new cases in the family courts. The government believes that the voices of kids and young people ought to be heard when choices are made that affect them. Under new proposals this will certainly alter, and in particular all youths aged 10 and above will have a greater chance to have their voice heard.

Nineteen-year-old Bethany SChildren to be more plainly heard in decisions about their future

Youngsters will have a higher say in family court cases, Justice Minister Simon Hughes announced as he attended to the Household Justice Youth’s Board.

Children involved in any type of household case– whether to remove them into care or disputes about youngster plans following divorce or separation– will be able to have their views heard when choices are made that will influence them.

Speaking to the group of the 24 youths who promote the voices of kids and young people in the family justice system, Simon Hughes set out changes to make it much easier for children and youths to communicate their views in court proceedings.

These options include meetings, letters or pictures or by way of a 3rd individual in addition to their Children and Families Court Advisory and Support Service (Cafcass) officer or social worker.

Simon Hughes also announced the government’s support for out of court disagreement resolution services, such as household mediation, to be more youngster inclusive.

Justice Minister Simon Hughes said:

“For too long, youngsters and young people have actually struggled to have their voices heard throughout the family court procedure. Although they are commonly at the centre of procedures, the views of children and how they feel are frequently not heard, with other people making vital choices for them.

“I have actually been truly amazed with Family Justice Youth’s Board (FJYPB) and the arguments which its members advance. This is why I have actually taken steps to see to it that youngsters and young people from 10 will certainly have the ability to reveal their views in cases which affect them.

“Young people are a few of the most vulnerable in society, and it is essential that we make certain they are at the heart of the family justice system.”.

Last year there were 90,000 kids involved in brand-new cases in the family courts. The government believes that the voices of kids and young people ought to be heard when choices are made that affect them. Under new proposals this will certainly alter, and in particular all youths aged 10 and above will have a greater chance to have their voice heard.

Nineteen-year-old Bethany Shepherd, a member of the FJYPB has been through the family justice system and said:.

“In my case, I needed to wait 4 years prior to my voice was heard and I was considered to be too young to know my own mind or listened to individually and simply just lumped together with my more youthful sis.

“This is far too long and indicated that I invested much of my childhood fighting simply to have my voice heard. The work being done currently on the voice of the kid is truly motivating to see and is definitely a step in the best instructions for family justice.”.

A wide range of initiatives will certainly help make interaction simpler, including centers for youngsters and young people to interact with a judge by way of letters or pictures. Also Cafcass are working on various resources such as a ‘Court Video gaming App’ (which will help discuss the court system to a young person) as well as welcome packs and paper-based guides.

The strategies announced today are anticipated to match reforms to guidance on judges seeing kids which are being considered by a judge-led working group set up by the President of the Household Division, Sir James Munby.hepherd, a member of the FJYPB has been through the family justice system and said:.

“In my case, I needed to wait 4 years prior to my voice was heard and I was considered to be too young to know my own mind or listened to individually and simply just lumped together with my more youthful sis.

“This is far too long and indicated that I invested much of my childhood fighting simply to have my voice heard. The work being done currently on the voice of the kid is truly motivating to see and is definitely a step in the best instructions for family justice.”.

A wide range of initiatives will certainly help make interaction simpler, including centers for youngsters and young people to interact with a judge by way of letters or pictures. Also Cafcass are working on various resources such as a ‘Court Video gaming App’ (which will help discuss the court system to a young person) as well as welcome packs and paper-based guides.

The strategies announced today are anticipated to match reforms to guidance on judges seeing kids which are being considered by a judge-led working group set up by the President of the Household Division, Sir James Munby.

Read more – http://www.familylawweek.co.uk/

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ByMichael Morrison

Debbie Purdy: Right-to-die campaigner dies

Right-to-die advocate Debbie Purdy, who succeeded with  a landmark judgment to clarify the law on assisted suicide, has passed away. The 51-year-old from Bradford had dealt with main progressive numerous sclerosis (MS) for nearly 20 years.

Ms Purdy had spent a year in the city’s Marie Curie Hospice and had  sometimes refused food. She died on 23 December. In 2009, she won a ruling to obtain explanation on whether her spouse Omar Puente would be prosecuted if he assisted her to end her life.

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Debbie Purdy – Right to die Campaign

Lord Falconer, the former lord chancellor, said Ms Purdy’s role as a campaigner against the law on assisted suicide was “absolutely key” and she had transformed the dispute.

Mr Puente confirmed the death of his spouse in a statement, paying tribute to “a much enjoyed better half, good friend, aunt and sister”.
Debbie Purdy and spouse Omar Puente in 2010

“We would like to thank the Marie Curie Hospice in Bradford for the care the staff provided her, which permitted her in 2013 to be as peaceful and dignified as she wanted,” he added.

David Ward, Liberal Democrat MP for Bradford East, where the hospice is situated, said: “Debbie was an amazing human and in spite of her condition she was an ebullient character. “In her own words she said if she was permitted to die it would help her live.”. Mr Ward stated he would remember Ms Purdy for the “great spirit she had and as an incredibly motivating person”.

Lesley Close, a friend of Ms Purdy and customer of the group Dignity in Dying, said: “Debbie was a fantastic person. “Every moment of life was fun when you were with her.”. Lord Pannick, Debbie Purdy’s barrister, who initially satisfied her in 2008 at the start of her legal fight, said: “Her body was already afflicted horribly by this terrible illness, she was in a wheelchair, she was in great pain for much of the time.

“But I do not think I have represented a more energetic customer in my expert career.”. In her final job interview with BBC Look North, Ms Purdy said the unpleasant truths of her condition indicated her life was “inappropriate”. She said: “It’s uncomfortable and it’s uneasy and it’s frightening and it’s not how I wish to live. “If someone could find a treatment for MS I would be the very first individual in line. “It’s not a matter of wanting to end my life, it’s a matter of not wanting my life to be this.”.

Debbie Purdy’s landmark legal success did not lead to a modification in the law but it forced the authorities to clarify exactly what the legislation indicated in practice.

Ms Purdy had looked for guarantee over whether her partner would be prosecuted if he assisted her end her life. Purdy’s priority concern was to learn if any actions her spouse, Omar Puente, took in aiding her suicide would result in his prosecution. The charge for those who “help, abet, counsel or acquire the suicide of another” is a maximum of 14 years. No member of any family of the 92 Britons who have travelled for an assisted suicide has  been prosecuted but some have been charged and have waited for months before hearing the charges have been dropped. Purdy said that if her spouse would be exposed to prosecution for assisting her travel to Switzerland to a Dignitas clinic to pass away, she would make the journey sooner whilst she had the ability to take a trip unassisted to conserve her partner from exposure to the law. This would have forced Purdy to make her decision on dying before she felt it was absolutely necessary.

When this may be the case after ruling the law was uncertain, in 2009 the Law Lords bought the Director of Public Prosecutions to define.

That triggered Keir Starmer – the then director – to publish standards in February 2010 setting out what was considered when weighing up a prosecution.

He stated a variety of aspects need to be considered, consisting of the inspirations of the person aiding and the victim’s capability to reach a informed and clear decision about their suicide.

The right to die is an emotive and highly charged issue. Some religions regard choosing the time to die should be above human intervention. Few of us would allow the life of a beloved pet to continue if this would cause them to suffer.

It still continues to be an offence to help a suicide or encourage or a suicide attempt in England and Wales.

Adapted from an article by the BBC

DAV

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ByDavid7SB

UK Court Annuls 180 Italian Divorces

UK court annuls 180 Italian divorces signed up to Maidenhead mail box

Italian Divorces In Maidenhead anulled

Italian Divorces In Maidenhead annulled

A Female has been charged around EUR4,000 to arrange for couples to circumvent slow-moving Italian judicial system.

Maidenhead might, up until this week, have claimed to be the divorce capital of Italy. One hundred and eighty Italian couples whose marriages were dissolved through fictitious home in the Berkshire town have now had their divorces annulled by a British judge.

The conspiracy theory to circumvent the slow-moving Italian judicial system was officially ended on Tuesday by the president of the family division of the high court, Sir James Munby.
In a lengthy judgment (pdf) that detailed the strange scams, the judge explained how English and Welsh courts were swamped with divorce petitions from Italian couples asserting that a minimum of one partner was staying in the UK.

For the rate of around EUR4,000, a woman calling herself Dr Frederica Russo arranged to supply divorce documents for couples who wished to separate. Great deals of county courts were utilized in order to prevent and spread out the work any individual observing the duplicated use of the same address.
“The issue wased initially recognized in late February 2012 by an eagle-eyed member of the court staff at Burnley county court, Julie Farrah, who spotted that in two files, both involving Italian parties, the address was the same and that it was in Maidenhead,” Munby said.
“She brought it to the attention of district judge Conway, who contacted an associate in the Slough county court.
County courts were alerted and eventually 179 petitions using the same address were found; one Italian couple, making use of the very same technique, had actually liked to end their relationship through an address in Epsom.

“It is specific that none of them can ever have actually lived at Flat 201,” Munby included. “On 28 August 2012, policeman of the Thames Valley police carried out a search warrant. DS Steven Witts of Thames Valley cops confirms that Flat 201 was not a house or, undoubtedly, a property efficient in occupation.

“It was in fact a mailbox, mail box 201, one of a number of mailboxes found in industrial facilities. As the investigating officer in charge of the authorities investigation, DS Jonathan Groenen, mordantly commented in his witness statement: ‘It is not possible for 179 candidates or respondents to reside at this address.’ Provided the measurements of the mail box it is clear that not even a single person, however little, could possibly reside in it.”.

The divorces were prohibited, Munby stated, because the English courts were being deceived about their jurisdiction. The divorces therefore needed to be stated gap through scams even “if one or other or both of the celebrations have remarried or perhaps had a kid”.

The case will inevitably enhance nationwide stereotypes: while Hollywood film stars commemorate their nuptials in Venice, Italians choose Britain as a passion-killer.

Original Source 

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