Categories
Divorce Law

The Rising Number of Children Forced to Take Sides in Bitter Divorce Feuds

Guest post regarding the rising number of children forced to take sides with divorces.

Divorce is never an easy process to digest for parents who have one or more children. The battle for custody can sometimes lead to aggressive behavioural patterns coming from the parents who twist the arm of their children to win them on their side. The common tactics consists of “buying off” the love and attention of children by a technique of offering them hip technical devices like cell phones, lavish holidays or trendy garments.

The main focus of each parent within the development of custody battle is often to poison the heart and mind of the children in the favour of one of them and they do so by badmouthing the other parent. This process of influencing the children for personal interest is not something that courts prefer. The solicitors who deal with harsh divorce issues know best to what extent one parent would go to denigrate the other one in order to obtain primary custody of the children.

When you are faced with the imminence of a divorce it is best to recur to certified solicitors. They can explain all that a divorce can entail and can teach you how to speak to your children about an obvious dramatic change in their lives without attempting to “brainwash” their minds and to influence them more than necessary.

Divorce is never an easy problem to deal with. Children are susceptible to adult opinions and many times they express their adhesion to the one who tried best to win them over. Statistics show that the strong actions and influence of one parent can succeed to make the child more loyal to him or her in the detriment of the other spouse.

There are documented undertakings of parents who influence especially the younger children to their benefit and this approach is very much noticed by court representatives and blamed. The number of young impressionable children who are dominated by one of their parents is rising and that can be seen in the increasing number of claims.

Divorce is often seen as a competition between parents, amidst which children are the wounded persons and can suffer the severe blows of a separation with no helmet on. Practically, this idea of influencing the children leads to a reaction coming from court officials who notice the dangerous practice of gaining the trust and love of children through somewhat abusive manners.

It is very important as parent to focus on creating a stable environment for the children and to put their best interests first as hard as that may sound. Their feelings are not a negligible matter and the main idea is to protect them and not to govern their feelings and emotions and not to poison them with regard to the other parenting partner.

In the fight involved in the divorce custody wars it is best to recur to solicitors who are specialised in a wide range of cases. They certainly can guide you through the process offering legal support, a reliable shoulder to cry on as well as pointers in how to approach your children in the attempt of being fair to them and to yourself. Divorce is imminent when the two marriage partners no longer see eye to eye, therefore, it is best to shield the children from possible conflicts and keep a normal and unbiased environment for them.

Categories
Divorce Law Family Law

Post-Recession Surge in Divorces Expected, Say Lawyers

With reports suggesting that the UK may be moving out of recession, many lawyers are predicting a big spike in the amount of divorces they will have to invigilate. Some firms are indicating that they have seen up to a 30% increase in the amount of divorce cases they have to deal with, this could be due to the fact that many couples were putting off a split due to the negative financial implications.

Huge Divorce Drop Back in 2008

The recent rise mirrors a huge drop that occurred just over four years ago when the economic downturn really took hold. With money being too tight to mention and other seemingly more important things on their mind, it appears that couples have just been too busy or broke to consider parting ways, but this looks set to change as the nation starts to look at the possibility of some more stable times ahead.

The official figures actually show that the number of divorces in the United Kingdom dropped for the first two years of the recession and then rose again in 2010 to around 119,00 when the outlook started to look a little bit better.

Equity

Another factor that is seen as fundamental is the fact that couples may have been waiting for the price of their property to creep back up again. As the recession worsened, it seems that people became increasingly concerned about their lowered incomes and how much they would get back if they sold their house. Many divorce lawyers believe this led to many couples postponing their plans to split until they could both walk away with a decent return.

Evidently, not many couples predicted that this would actually be the worst recession in modern times and that the financial doom and gloom would continue for so long.

Larger Rise Could Be On The Way for 2013

Now that many believe there is light at the end of the tunnel and property prices may start to rise very soon, a lot of solicitors are seeing a noticeable rise in divorce proceedings and this is set to gather real pace over the next 12 months.

The figures echo predictions from a number of the United Kingdom’s divorce solicitors and represents some of the first clear cut evidence that an even larger spike in divorce applications could be on the way.

Categories
Divorce Law

Land mark divorce case in making between the Prest’s coming before the Supreme Court

The Supreme Court is set to hear a landmark divorce case concerning on assets held by spouses companies after a Court of Appeal (CoA) ruling last month.

The case of the Prest’s revolves around the question of whether companies belonging to spouses can be ordered to pay assets in a divorce settlement.

Family lawyers for Yasmin Prest, the ex wife of oil tycoon Michael Prest are contesting the decision given by the CoA on the 26 October, which ruled that companies owned by Mr Prest would not be made to hand over assets totaling £17.5m to his ex-wife, in a judgment which was criticised by critics saying that it would enable wealthy spouses to protect their assets in divorce proceedings.

The ruling by CoA came after justice Moylan ordered Mr Prest to hand over the £17.5 sum last year. And suspecting that Mr Prest would not comply with the orders as he had not provided a frank and full disclosure, justice Moylan had ordered 14 of the businessman’s properties in theUKand abroad to transfer assets to Mrs Prest as part payment of the award.

But that ruling was overturned last month when the companies won an appeal against Moylan’s ruling, on the basis that the assets belonged to the companies, which were separate legal entities to Mr Prest.

The October ruling divided the CoA bench two to one, with commercial judges Justice Patten and Justice Rimer finding in favour of the companies against Justice Thorpe, who in his dissenting judgment said that if the law permitted Mr Prest to retain assets in this way it defeats the Family Division judge’s overriding duty to achieve a fair result.

In his ruling, Rimer argued against Thorpe, and said that primarily their were no findings which could justify the finality except that the properties were part of the assets of, and belonged beneficially to, the companies that respectively controlled them.

Commenting on the October decision, family law lawyer for Mrs Prest said that it was a great pity that years of case law and practice which had enabled family law judges to do justice between divorcing couples have been overturned by a non-unanimous decision of the CoA. Devious men who want to avoid making fair provision for their wives would rejoice at this decision.

Another family law barrister added the decision was a disappointing one for many wives who confront on divorce a tangled web of companies used to shelter their husbands’ wealth.

He added that the ruling had put the genie back in the bottle. The Court has effectively sanctioned for other cases the use of what could be perceived by the general public to be a cheat’s charter.

Categories
Divorce Law

Divorce – reactions you can expect to see

Telling people close to you that you are getting a divorce is never going to be enjoyable for you – and you have to expect them to react to the news too.

Similar to grief, there is no right reaction to hearing that a friend or family member is splitting from their partner. When you tell your nearest and dearest that you are getting a divorce, you should be aware that they may not have thought about it before, so their reaction may not be ideal.

Obviously you need to be honest if they upset you with the way they respond, but keep in mind that they may act differently once they have had a chance to process the news – they are only human. In contrast, you should expect local legal representation such as Putney solicitors to maintain a professional outlook on the case at all times, as it is their job to do so.

Below are a few of the reactions you may encounter:

Surprise

There will be a lot of people for whom your news will come as a real surprise, so they may be lost for words at first. You will probably be able to read almost immediately how they feel about the situation by the way they react – a calmer response could suggest the thought had crossed their mind.

When someone is completely surprised they will often have a huge number of questions to help them understand the news; while you may be happy to share everything with your best friend, do not be afraid of shutting down a conversation if you are not comfortable opening up yet. People will understand if you just say that you would prefer not to talk about it yet.

Sympathy/over-sympathy

Another natural reaction to bad news is for your loved ones to be sympathetic. Your friends and family will want only the best for you, so to hear that you are splitting up with a person you love/loved will prompt them to offer their sympathy for your situation. Rightly or wrongly, this can sometimes cross over into over-sympathy, but do try to remember they are trying to help.

They may worry about the situation – where you will live, your finances, etc. – and make it out to seem like your divorce is a truly terrible event, when in fact you have steeled yourself as well as planned how you will cope without your partner. If somebody ventures into over-sympathy territory, then it may just be easier to change the subject.

Criticism

For some, the automatic reaction to negative news is anger, so you might find that they criticise your husband or wife and take your side completely. This can help you blow off steam but is not particularly healthy in the long-term, so avoid getting bogged down in conversations about how horrible your partner was, as no doubt some part of you still cares for them.

The flip-side of this is that a handful of people may react critically towards you – perhaps members of your partner’s family – and this generally does not go anyway healthy. If you want to bury the hatchet with them then think about writing them a letter, as this allows you to offer a more considered response to their criticism; however, do not feel like you must always explain yourself.

Author: Chris Brown has a great deal of experience with solicitors in UK and hopes you will find his articles of use. For further info on divorce lawyers visit http://www.crispandco.com/site/home/

Categories
Claims

Will the Government raise the small claims limit for personal injury?

Accident and personal injury lawyers are awaiting a Government consultation paper on raising the small claims limit for personal injury (PI) with interest.

The controversial proposal first came to light in May, after a Whitehall ‘whiplash’ summit with the motor insurance industry. The Government then said that raising the limit from £1,000 to £5,000 would make it “easier for insurers to defend spurious or exaggerated claims by ending the situation whereby it is easier and cheaper to settle claims than it is to fight them”.

At the time, then Justice Minister Jonathan Djanogly stated: “It’s totally unacceptable that we are seeing a disproportionate rise in whiplash claims when road traffic accidents are falling every year.”

It now seems the Government has back peddled, at least temporarily. In September Djanogly said that no decision had been taken on the issue and that none would be until, “all responses to the consultation document and other stakeholder submissions have been considered.”

So what has given the Government pause for thought? It’s possible the Government has been made aware of an independent report commissioned by the Association of Personal Injury Lawyers (APIL), which found that claims for whiplash injury compensation have actually fallen in the last 12 months.

In fact, figures from the Government’s own Compensation Recovery Unit show that whiplash claims have reduced by nearly 24,000 in a year. The APIL report went on to show that the vast majority of whiplash claims were neither “spurious” nor “exaggerated”.

But the proposals won’t just affect whiplash claims. Lawyers fear that, should the Government go ahead with its proposals, thousands of people with many different kinds of personal injury claims such as head injury claim will be unable to seek appropriate compensation.

“The small claims court is for minor consumer disputes not for injury claims up to £5k where liability and loss will need to be proved, using expert medical evidence, to the satisfaction of insurers and their lawyers,” says Stuart Kightley, head of accident claims at Osbornes Solicitors in London.

“If the Government goes ahead and raises the limit a claimant with, for example, a broken leg and loss of earnings will have to bring the claim himself or pay lawyers privately.”

Categories
Divorce Law

How Do You Choose a Divorce Lawyer

Are you looking to legally separate from your spouse, and get a divorce? If you have decided to go through with the divorce procedure, it will be important for you to get in touch with a divorce lawyer as soon as possible. Many people question the necessity of hiring a lawyer when filing the divorce. If you are in such a dilemma, you must know that divorce is a complex legal procedure and it may be difficult for you to understand the legal complexities. Even when a couple is trying to reach an agreement regarding an informal separation, they may need the guidance of an experienced divorce lawyer. However, it is important to choose the lawyer wisely. If you do not know how to go about it and what factors to consider when choosing a lawyer, here are a few pointers for you:

Gather referrals: Gathering referrals is always the first step whenever you are trying to find a lawyer. There are different ways of collecting referrals. You can start by talking to your family and friends and relatives. They may have had similar experiences and may know of competent lawyers. They will also be able to tell you which lawyers to stay away from. You can also have a talk with any legal professional that you may have worked with in the past. Ask them if they deal with divorce cases as well. Even if they do not handle such cases, they may be able to tell you which lawyers are reputed in the field. The internet is also a good place where you can look for referrals. Various websites are there where you can find advice and guidance regarding different legal matters. These websites also provide you list of lawyers specializing in the area of the legal field that you are dealing with.

Appropriate experience and skills: It is important to choose a lawyer who has the proper credentials. The legal professional must also practice the area of the legal field where you need guidance. They must have the knowledge and skills that are required for handling these cases efficiently. For example, if you are looking for a lawyer to guide you through the legal process of getting divorced, you will have to consult a lawyer who practices and specializes in the area of family law. Hiring a personal injury lawyer for handling a divorce case may not be appropriate and you may not get the expected results. The lawyer must also have significant court room experience. Not all lawyers have that, which is why you must make sure that the lawyer you choose has the competence and the experience.

If you are looking to get a divorce lawyer in Miami you can follow the above guidelines. Whenever you are thinking of hiring a lawyer, it is important for you to do proper research. It is a must that you interview the legal professionals you have shortlisted. The interview will let you know whether they are the right one for you or not.

Categories
Divorce Law

Divorce Q&A – Family Law Guidance from the Experts

Guest family law Q&A blog post which answers various frequently asked questions, based on family law in England & Wales and general legal guidance.

1. What is the legal status of prenuptial agreements looking ahead to 2013? Are they worth considering?

Since the Supreme Court’s decision in Radmacher v Granatino {2010} UKSC 42 and the review by the Law Commission, prenuptial agreements are becoming increasingly popular. The enforceability and legal status of a pre-nuptial agreement however, still remains in doubt.

Pre-nuptial agreements are not binding in the UK however; the case of Radmacher did take a significant step towards that possibility. The Judges decided that nuptial agreements should be given considerable weight if they were freely entered into by each party with full appreciation of its implications unless the surrounding circumstances deem it unfair to hold the parties to their agreement.

For a pre-nuptial agreement to be enforceable the contents of the agreement must therefore be fair.

The current position in the UK remains that it is the Court, and not the prior agreement of the parties, that will dictate what will happen to the parties’ financial arrangements upon Divorce.

Ultimately the legal status of prenuptial agreements is still debatable however. Divorce solicitors will advise clients on the basis of each case, but the Court is very likely to uphold a prenuptial agreement if the following is satisfied:

  • Each party has received legal advice and there has been full disclosure of assets;
  • There has been no undue pressure or exploitation and the agreement has been freely entered into;
  • The agreement meets the needs of the party who is in a weaker financial position;
  • The reasonable  needs of any children are met; and
  • The agreement has been carefully reviewed each time there has been a change in circumstances during the marriage.

Pre – nuptial agreements can therefore be very useful documents and it is anticipated will often reduce litigation. The agreements are worth considering if you have accumulated a significant amount of assets prior to marriage, you are to receive a significant inheritance or there are business assets that you wish to preserve. Pre-nuptial agreements are proving to be popular amongst people contemplating their second marriages.

2. How long does it usually take to get a divorce?

An undefended Divorce will take approximately six months to reach the Decree Absolute stage, which is the final Decree of Divorce.

If there are complicating factors such as the Respondent is defending proceedings, there is a disagreement regarding the Petition or financial arrangements have not been agreed etc, this can prolong the length of time and therefore, it can take up to a year or even longer if the financial issues are really complicated.

3. Can you get the other side to pay the divorce costs?

Divorces which are based on the Respondent’s fault namely the Respondent’s unreasonable behaviour or adultery; it is normal practice for the Petitioner to seek for the Divorce costs they have incurred to be paid by the Respondent.

As long as the Petitioner has requested in the prayer section of the Divorce Petition for the Respondent to pay the costs of the Divorce, the Court will normally order the Respondent to pay.

If your Divorce is based on a non – fault ground such as 2 or 5 year separation, the Petitioner can always still request that the Respondent should pay the costs but it may result in the Respondent refusing to grant his consent and thereby the resulting in the Petition being unsuccessful. Therefore in these circumstances it is up to the parties to reach their own agreement. More often than not in these circumstances the parties agree to share the costs equally.

4. What advice would you give to someone considering getting a ‘quickie’ online divorce?

There is no such thing as a ‘quickie’ divorce. It is a term which is incorrectly but frequently used by the media. Whether you instruct family solicitors, act in person or use an online service, the same Court procedure is used and the Divorce process will not be any quicker.

Online Divorce services tend to use generic Divorce petitions which are not tailored to individual needs and therefore, it enables some internet based companies to offer discounts. As the saying goes, “You Get What You Pay For”. We would never advise anyone to go for the cheaper option as cheap is not always good. Divorce can be a very stressful period. Therefore, face to face advice and support can prove to be critical.  Good solicitors place strong emphasis on providing an individually client focused, sympathetic, and understanding service which simply would not be available from anyone offering a ‘quickie’ divorce.

It is also worth noting that it can cost a significant amount to correct an improperly drawn Petition once it has been issued, in most case more than the fixed fee which can be offered at the beginning of the matter.

5. Is mediation worth considering to avoid the courts?

Since the 6th April 2011 it has been compulsory for couples to undergo mediation to resolve any disputes before resorting to the Courts, save for cases where there is domestic violence. In light of this, in the majority of cases the parties will have to consider mediation.

Mediation can be more cost effective than the Court procedure and is useful when both parties are willing to negotiate and there has been a full disclosure of assets. If one party is being deliberately uncooperative, mediation will do little to help the parties reach a resolution and the assistance of the Court may be required.

This article was written by Manak Solicitors, a leading firm of family and divorce solicitors in Kent. All our family & matrimonial solicitors are members of “Resolution” panel and the family & matrimonial partner at Manak Solicitors LLP is a member of “Law Society Family Law Advanced” panel both of which are accreditation schemes which places strong emphasis on mediation.

Categories
Uncategorized

How Can Family Mediation Help Couples Through Separation?

Whether you are experiencing the breakdown of a relationship or a marriage, family mediators can help you and your family through this difficult time.

Mediators help individuals produce a mutual agreement that will benefit both individuals. It is designed to help people focus on the future, once their separation has been finalised.

Couples find family mediation extremely comforting as mediators are completely impartial and unbiased. Instead of telling you what is right for you, mediators work with you to reduce any stress or conflict, assisting you to make your own decision. Individuals will be given the same amount of time to work through their stresses and problems. A mediator will only intervene if they feel any children’s needs or feelings are not being considered.

Mediation usually occurs in three stages; the initial meeting, working progress meetings and a final proposal meeting.

In the initial meeting you and your partner will meet with a mediator and discuss any issues you wish to resolve during the process. Your mediator may advise you to seek other help during this period, including financial or child support.  You can see a lawyer at any time during the mediation process. At this initial stage, you will also have to agree on times and dates when you both are willing to attend meetings. Compromise is a large part of mediation, so it’s beneficial to start with an agreement on meeting times.

During the sessions you will work through your issues with the mediator and try to find solutions that suit both of you. Talk about what your main concerns are and what you fear the most. Mediators will assist you during your own personal solutions to the issues you raise. Within the meetings you will both be working on a Mediation Summary, which is legal document stating what you each agree to stick to after your separation.

Once you have finalised the proposals which you both find acceptable, a copy will be sent to each of the party’s lawyers. If your proposals are approved by your lawyers, they will convert the proposals into a legal binding contract.

The first step towards family mediation will be contacting a solicitor who will set the ball rolling. Your solicitor will ask you and your partner to attend the initial meeting where you will meet your mediator. They will explain the whole process to you, giving you time to ask any questions or raise any queries. During this meeting, it will allow you and your partner to decide whether mediation is the right path for you.

If you do decide to go-ahead with the mediation process, you will attend a number of these sessions until you complete your Mediation Summary.

If you would like more information on family mediation, contact family law solicitors – Burt Brill and Cardens.

Categories
Pre-nuptial Agreements

Is A Prenuptial Agreement After Marriage Possible?

Technically, a prenuptial agreement, also known as a premarital, antenuptial, prenup and/or prenupt, is a contract for couples intending on legally consummating their relationship. If the couple is already married, the agreement is called a postnuptial. Chances are the latter is more complex due to the circumstances involved with designating the collective assets of married couples, versus the individual assets of most engaged couples.

The word prenuptial is taboo in many relationships, but prenuptial and postnuptial agreements actually offer several advantages. They allow a couple to mutually divide and allocate all property and/or assets owned prior to marriage. Although this may be a sensitive topic to some, ultimately, the purpose of a prenuptial or postnuptial is to reduce stress, as well as legal costs, in a worse case scenario.

If you honestly think it will be difficult to talk about a prenuptial agreement with your mate, you might want to read on.

Is a Postnuptial Agreement Right for Me?

There are various answers for why people decide to get prenuptials or postnuptials. Of course the hope is that your prenuptial agreement will never be executed. But in the remote possibility that you ever appear in a court of law, the chances of the judge throwing the book at you will probably be minimized!

In certain U.S. states judges do not have to honor any of the nuptials presented in their courts. Some judges have the authority to only honor the fact you are legally married. Fortunately, many judges will generally respect the mutually agreed upon prenuptial of litigants.

A Sensitive Subject

The notion of a prenuptial might be inconvenient, but in the end, it truly could be beneficial for you and your spouse. A prenuptial and/or postnuptial agreement is probably the safest way for a couple to secure their assets, as well as your rights.

Discussing a prenuptial agreement with your mate could easily turn into a rather sticky situation, especially if you do not approach the topic correctly. Despite this, the agreement can be extremely beneficial for all parties, because it virtually excludes couples from having certain disputes.

Unfortunately, the longer you wait to learn about nuptials, the harder it might be to plan it later. The only thing left to do is consult a family law attorney to ease your anxiety, especially if this is a sensitive topic in your relationship.

Categories
Family Law

Offshore holiday homes become a millstone in the necks of divorcing partners due to falling value of the property

Family lawyers have warned that the Euro crisis has had tumbling effect on property values across the EU leading to holiday homes becoming into a toxic legacy for couples who are in the midst of divorce.

Number of cases that are currently on the pipeline centre around the question of which partner would be taking on the villa in Spain, Greece or Italy rather than who would not.

One family lawyer described the task of dividing the assets between warring couples who own a holiday home as like a game of pass the bomb.

Case notes in one separation being negotiated currently include discussions about how to deal with a ‘dead duck’ villa in Spain which has lost its value but still has a hefty mortgage to service and little prospect of being sold.

Another case has a couple who are wrangling over what to do with a house in Cyprus which was now worth £53,000 less than its original value, and after calculating currency exchange issues and steep local taxes to transfer ownership.

In other cases, the added complexity of disposing of a property abroad has become a weapon used by one side or the other in already acrimonious splits.

One British divorcee is being forced to go through a lengthy legal challenge in France to recover proceeds from the sale of their former home, awarded to her by an English court but being withheld by her ex-husband.

A partner of family law solicitors firm said that fighting over overseas houses had become one of the biggest headaches in divorce proceedings in the last year.

The firm estimates that at least one in six of its cases involve the division of domestic and foreign property.

When everything is going well in a family it feels really great to own a property abroad but as soon as the relationship becomes rocky the same assets become a disaster the lawyer said.

The lawyer said that she always encouraged her clients to get rid of property abroad or let the other side have it because they are more trouble than they are worth. They become millstone around the neck of a divorcing partner’s neck.

She added that the majority of people who’ve got these second homes in places like France and Spain, were not the super-rich they but just normal middle class families who could managed to purchase a holiday home.

Another partner of the firm added that some divorcees who received Continental homes before the financial crisis have attempted to “unpick” the terms of their settlements in light of the crisis but were rebuffed by the courts.

Categories
Child Custody Divorce Law

Popular Myths about Divorce

There is a popular myth among divorcing couples, which has the mother automatically gaining custody of the children. While this myth is simply not true, it is relatively prevalent among couples and can lead to serious challenges in the preparation of a case. Because a divorce is a time of trouble and considerable emotional hardship it becomes vital to understand all your rights and the actual content of the law before making snap decisions, which is why an attorney is critically important.

Laws today are very different and do not seek to favor one or the other party, especially with regards to child custody. Here are some things that the court does look at; versus the popular urban legends about divorce floating around the water cooler.

Myth: Mothers are automatically favored and will by default be awarded custody of the children, especially if they are young.

Fact: The fact is that mothers are not directly favored, neither are fathers. The law, in states like Florida, spells out very specifically that neither party will be favored and that the law cannot act in the best interest of one or the other party.

Myth: The one making the most money will have to pay a great deal of support and maintenance to the other party because they are not making as much. It is better to have no income or lower income during a divorce.

Fact: The court looks at a variety of factors to make sure the division of assets is equable. This means that income is certainly a factor. However, if one partner is not working or is under employed voluntarily the court will account for income to that person depending on what they are capable of making. This may seem unfair at times, but it is the only way the court can prevent manipulation of the system by voluntary unemployment or underemployment.

Myth: Divorce decrees are written in stone and once they are written there is no going back to change or modify them.

Fact: Circumstances change, often significantly, which allows one or the other party to go back and request the court to change the divorce decrees. Typically courts will not change a property distribution that has been set out but other parts can be changed depending on the circumstances. These include, and are not limited to, child support, alimony, and visitation.

Myth: Lawyers cost an arm and a leg, so it is better to try and represent your own interests in the court. There are many resources to help you and you will be just fine by yourself. Aunt Betty represented herself and was awarded everything but the kitchen sink, so it behooves you to try the legal justice wheel of fortune by yourself.

Fact: The legal justice system is complex and riddled with policy and procedures. Failure to follow the proper process can lead to significant losses. There are many resources available, but often the resources will only show you the exact law which can lead you to more confusion when you try to interpret it. Lawyers are trained for years to ensure that they can follow the correct procedures, understand the laws and statutes fully, and guide you in the best possible manner. Divorces can be expensive, even more so if your former significant other has a lawyer and you are going it alone. Finding out the cost of an attorney and ensuring that you have the right representation are critical in safeguarding your rights.

Andrew Miller is an avid legal blogger and manager of over 20 attorney blogs. This article was written on behalf of Charles R. Ullman & Associates : A North Caroline Divorce attorney.

Categories
Family Law

Powers of Attorney and Living Wills Help Children Care for Aging Parents

By Rustin Duncan, Attorney at King Law Offices, PPLC

It’s a fact of life that all children dread occurring. Mom and Dad age and become sick or otherwise unable to care for themselves. Many times this means that decisions regarding care for the elderly fall on the children. emotionally draining task. However, there are legal options available to families to prepare for this season of life to make things more clear. A Power of Attorney and a Living Will are two invaluable documents that ensure the wishes of the elderly are carried out regarding their care, even when they can no longer make the decisions.

While many parents lack a living will, sometimes called a health care power of attorney it’s the most basic and important step they can take. A living will allows someone to grant another the right to make decisions regarding their medical treatment and/or set out detailed instructions regarding how they want their care to be carried out. A living will also allows one to determine if they want to be put on a ventilator, feeding tube, etc. when they are unable to make decisions on their own. The living will allows a person to let their health care agent make that decision or state if they want all live saving care or no live saving care at all.

This document can be invaluable for the kids because it can take those tough decisions off of them and understand they are simply carrying out their parents’ wishes regarding their care.

Another important, simple and effective way to ease the pain and stress of an aging parent is with a Durable Power of Attorney. A durable power of attorney is a document a person executes that gives another person, usually the kids, specific legal powers to act on their behalf regarding money and property. The Durable Power of Attorney stays in effect even when the parent no longer has legal capacity to execute such documents.

A Durable Power of Attorney allows the child to act for the parent in many legal and financial activities. Examples include but are not limited to transferring money, filing tax returns, selling assets, accessing information on behalf of the parent, and access to the parent’s bank account to pay bills for the parent.

If the parent has not assigned these legal powers to anyone before becoming incompetent, the child or caregiver must petition the court for Guardianship to be able to make these decisions or act on behalf of the parent. While the court process is there it is expensive and can take time not to mention adding another burden to an already stressful and emotionally draining experience.

It is very important to have legal safeguards in place before a parent becomes ill or can no longer make decisions for themselves. Parents and children should talk about the wishes of the parents and have a Living Will and Durable Power of Attorney executed to make sure things are clear. This can ease the minds of both parents and children and can allow families to more compassionately and effectively care for aging relatives.

Categories
Divorce Law

The Benefits of Mediated Divorce

(Guest post from San Diego divorce lawyers) When a married couple chooses to seek an end to their relationship, it may be in their benefit to consider pursuing mediated divorce. Unlike contested divorce proceedings, which can involve lengthy court battles and costly attorney’s fees, mediated divorce is a simple, relatively painless process that can help to reduce the stress that married couples may experience during a divorce.

Mediated divorce isn’t right for all couples. For those who have been involved in an abusive relationship, those who believe their partner is at fault for the dissolution of their marriage, those who have a particularly acrimonious relationship with their spouse, and others, mediated divorce may not be able to resolve the differences between the two sides. However, for many couples, a mediated divorce can have a significantly better outcome for both sides than can a court settlement.

Mediated Divorce Benefits

Mediated divorce involves both parties to the relationship meeting with a neutral third party, who acts as a mediator and helps guide their individual wishes to a mutually agreed upon divorce settlement. By giving both sides an opportunity to speak their minds and reach a consensus about the various aspects of their divorce, mediated divorce can provide a wide range of benefits, including:

  • Ÿ  Reduced costs – mediated divorces often cost a divorcing couple a small fraction of what a court settlement would cost.
  • Ÿ  Shorter timeframe – divorces achieved through mediation take, on average, anywhere between three to ten sessions, around two hours each, to be resolved. This is often much less time than a court settlement would require.
  • Ÿ  Reduced stress – mediated divorce can help to reduce the stress that both spouses may feel during the divorce process by allowing their input to help determine the outcome and reducing the uncertainty that relying on a court’s decision can entail.

Because of these various reasons, mediated divorce is often the best option available for a couple. However, mediated divorce may not be right for every couple in every situation, and in these instances, it is advisable to pursue the assistance of a qualified divorce lawyer to achieve a suitable end to the relationship.

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Divorce Law

Don’t Go Through It Alone When Getting a Divorce

(Divorce in the US and generally) After realizing that a divorce is inevitable, one of the first questions you might ask is, “How much does it cost to hire an attorney?” Well-meaning family members and friends will relay stories to you about their divorce and how much they paid for legal fees. Because you’re worried about your finances, you may begin to wonder whether you can save money by getting a divorce without an attorney.

While it’s true that a divorce can be expensive, it is also true that going it alone may be more expensive in the long run. Unless you are a legal professional and know about divorce laws, it is highly recommended that you seek advice from a divorce lawyer.

Get a free consultation

What you may not be aware of is that most divorce attorneys do not charge a fee for the initial consultation. Meeting with an attorney for the first time is more informational than anything else. The attorney will ask you pertinent questions and review the divorce process with you. In turn, you will have an opportunity to ask the attorney questions, including how to pay legal fees. A consultation will also help both you and the attorney determine whether you can develop a working relationship.

Is the attorney knowledgeable?

A consultation will also help you determine how knowledgable the attorney is about the divorce process.

Filing divorce documents with the court, notifying the other party about the divorce papers, knowing how to negotiate a settlement with the opposing attorney, and appearing in court before a judge to resolve the case are skills that attorneys acquire through education and experience. This process can be very intimidating to lay people who want to handle their own divorce.

Not only do experienced attorneys know about court procedures, more importantly they know the state laws that govern divorce proceedings, and all of the legal rights and benefits to which their clients are entitled. In other words, they know how to read the legal fine print so that they can go after everything that their clients deserve.

What about the children?

Divorce can take an emotional toll on anyone, but especially on parents with dependent children. There are many issues that have to be settled concerning children, such as with whom the children will live, how much the non-custodial parent will pay for child support, who will have the children on the holidays, and how often the non-custodial parent will visit the children. These issues are enough make the tempers of a divorcing couple flare out of control. A divorce attorney can advise you of the dangers of becoming too emotional, and the importance of setting aside your feelings and maintaining civility with your spouse for the best interest of the children.

It’s time to talk about money

Since attorneys know that potential clients are concerned about divorce expenses, most attorneys will discuss their fees during the consultation. As a potential client, you can expect to hear about costs for such work as filing court documents, serving the other party, attending court hearings, and communicating with you during the case.

There is a lot at stake when you decide to dissolve a marriage, especially if you and your spouse have been together for a long time and have children. While finding ways to save money is commendable, paying for an experienced attorney, instead of handling the divorce yourself, will be well worth the cost.

About the author

This article was written by Karl Stockton for the team at Kanetix. Need information on mortgages? Visit them to see their mortgage primer, as well as other helpful information on the subject.

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Claims Finance

Product Liability Laws and Your Family

Product liability involves holding a manufacturer or seller liable because a defective product was sold to a consumer. Sellers are responsible for a defective product because they distribute the item, and others who may be involved include the manufacturer, the distributor and the retailer selling the defective product.

What you should know

Generally speaking, the law states that any product should meet the consumer’s reasonable expectations of safety, and when a product has a hidden defect, it falls below that standard. Under the law, any party that is part of the distribution chain could be held liable for a defective product, along with whoever installs or assembles it.

In a product liability lawsuit, the plaintiff must prove that a product caused an injury because it was defective to such an extent that it was “’unreasonably dangerous.” These defects fall into three categories:

● design defects that make the product inherently unsafe,

● manufacturing defects that occur during the product’s production or assembly, and

● marketing defects due to inadequate safety warnings, incomplete instructions and incorrect labeling.

For their part, consumers must follow a product’s instructions carefully, heed the safety warnings, and read the fine print as well.

Protecting children

In the United States, many families are adversely affected by injuries that are the result of using a defective product every year, and children are often harmed because a manufacturer failed to take the necessary safety precautions. For example, the most common defective children’s products include playpens, cribs, high chairs, strollers, walkers, car seats, toys and carriers.

Establishing who is liable

With product liability cases, the defense often maintains that the plaintiff has failed in identifying the supplier of the item that is alleged to be the cause of the injury. Consequently, the plaintiff must provide a direct link between the product and those who were involved in producing or supplying it. Note that an exception to the rule may be applied in a case involving a defective medication. If a plaintiff is unable to identify which pharmaceutical company supplied the drug he or she consumed, all manufactures will be held liable, based on the amount of sales for the medication in the plaintiff’s locale.

As part of their defense, a manufacturer or distributor may claim that the plaintiff significantly altered the item after purchasing it, and that taking this step was the sole cause of the injury. It may also be argued that the article was used in an “unforeseeable way” as opposed to its intended purpose, and that this error is the source of the plaintiff’s injury.

Getting the help you need

Product liability cases can be very complicated, and proving liability may require the advice and testimony of experts in the field. There are several legal precedents under which a plaintiff’s attorney could file a claim, and several legal arguments that could cause them to be unsuccessful as well. In addition, each state has its own set of specific statutes and laws that have a direct bearing on product liability lawsuits. Because of this, it is essential to consult with an experienced product liability attorney if you feel that you or some one close to you has been injured by a defective product.

When you’re on your family vacation, you don’t want to be worrying about all these when renting equipment. So, when you’re off vacationing in Hawaii and are looking for an adventure, make sure to do it with ATV Outfitters Hawaii. They’ll make sure that you and your family will have a memorable, fun, and safe adventure of a lifetime.

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Divorce Law

Divorce Infographic

Settling Divorce
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Divorce Law Domestic Violence

The Many Facets of Restraining Orders and Divorce

While there are many reasons why a married couple may seek a divorce, ranging from lifestyle changes to irreconcilable differences, one unfortunately common reason is domestic abuse or violence. According to the Domestic Violence Resource Center, millions of men and women suffer from abuse at the hands of their partner or significant other. While many of these people do not seek a divorce, there are some that feel that divorce is the best, or only, way to escape the abuse.

Seeking a divorce in such a situation can be extremely helpful; however, divorces often take a long time to successfully complete, especially if children are involved. Additionally, while a divorce does separate two people, it does not guarantee that the abuser will not come into contact with or find a way to continue abusing the other person. In such a situation, a person suffering from domestic violence or abuse may need to take further action to protect themselves and their loved ones.

For anyone being subjected to physical harassment, verbal abuse, abuse at home, or other forms of intimate partner violence, one of the best ways to seek protection from the abusive party is to file a restraining order. When a court grants a restraining order, the restraining order will provide stipulations that the party whom the order is directed at must follow. Some provisions that a restraining order can have include the following:

  • Keeping the abuser away from the abused person, their home, place of work, and other important places
  • Preventing contact between the two parties, including phone calls, delivery of gifts, letters, and more
  • Stopping any physical abuse or threats of violence

While restraining orders are usually very helpful for people seeking to escape abuse, particularly before a divorce is granted, there are times when the use of a restraining order is abused itself. In such circumstances, one party may file a restraining order against their partner in order to gain power or leverage over them in a divorce. Because of the effects, both positive and negative, that a restraining order can have, when looking to either file for a restraining order or to fight a restraining order that was inappropriately granted, many people choose to enlist the support of a qualified divorce lawyer in order to give themselves the best chance of reaching the outcome they desire.

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Family Law

Parents vs. Adult Children: Granting Permission to Choose

Modern medical advances have made it possible for individuals to live well into their eighties, nineties and beyond. This extension on life, however, occasionally comes with a price. A growing senior population means that assisted care facilities are rapidly becoming a booming business, but there are times when retired parents who are now home alone may be refuse to live in an assisted living community. This can often be a heartbreaking decision because ‘home’ represents where these seniors have raised their families. It is a shrine that holds lifelong memories and cannot be replaced. Adult children see it differently, their childhood home is now a place of lonely solitude that presents many hidden dangers for their parents. There are a few strategies that an adult child can use to convince their parents that it is in their best interest to move to an assisted living facility.

Plan Early

According to advocates for assisted living in Duluth GA, planning early is one of the best methods for giving parents in a push the direction of considering a senior care facility since they will not always have the physical capacity to continue living a quality life on their own. Add to that, parents often become senile in their later years and without having taken the proper steps to plan ahead, an adult child will be in no position to help at that point should they refuse the care they need.

If adult children are proactive and speak with their parents early on, they can make the tough decisions and implement the proper steps that will ensure that they will have a much better chance of having their parent’s consent when they will need it most. Most importantly, the planning, creation and implementation of a living will and power of attorney in place is not only beneficial, it is crucial. The earlier these milestones are defined and put in place, the less likely an adult child will be met with insurmountable challenges in the future.

Seek Professional Help

Parents are often hesitant to trust their children’s judgement with regard to making a life changing decision to move to an assisted care facility. These empty nesters have raised their children, so they often still see them as such and feel that they know, better than anyone else, what is in their best interest. In a worst case scenario, an adult child can nudge their parent towards acceptance by joining forces with the medical professionals that have cared for them over the years.

When adult children and medical caretakers come together as allies, they may be able to successfully head off the possibility of having to come to the rescue of a parent. Inevitably, there will come a time when parents show signs of becoming a danger to themselves as a direct result of a mental or physical challenges that may come about which is often the case as one gets older. To have a trusted professional co-signing with adult children ensures that it is more likely that a parent will be accepting of placement in an assisted living facility.

Legally Speaking: The Final Decision

Let’s face it, some parents refuse to pass the reigns to their adult children under any circumstances. In these extreme cases, a child may have to go over their head and seek legal action as a worst case scenario. It is by no means ideal for an adult child to find themselves in a situation where they must force their parents into a facility against their will. The government recognizes everyone’s right to live as they wish, so they avoid situations involving force upon a law-abiding citizen and, as such, require just cause in order to enforce what the adult child, and cooperating powers that be, have deemed to be in the best interest of all parties involved.

It is important to note that assisted living facilities encourage seniors to take care of themselves in their later years when they might otherwise choose not to. This includes eating right, staying active, taking proper dosages of medicine, and following any additional doctor’s orders. Other allies adult children can join forces with include a trusted attorney assigned to the parent’s estate, or even the adult protective services organization, as a last resort. It bears repeating that setting up legal guardianship or conservatorship ahead of time will alleviate the need to force parents into assisted care, or anything else, for that matter. Adult children helping to make tough decisions, together with their parents, as they transition into their Golden Years should not have to use force as today’s assisted living facilities have so much to offer. The experience can, and should, be painless.

Placing a parent into an assisted living facility does not have to be a difficult task. Parents of adult children have certain rights that should not be taken away from them, and premeditated thought and consideration can circumvent a situation that could potentially become volatile. The fact of the matter is that there simply comes a time when a parent’s health and safety can only be protected if they have the necessary resources and assistance at their immediate disposal. However, there is no need to coerce or force parents into an assisted living facility. It bears repeating that if the idea of living in an assisted living community is presented early on, and in a positive manner, the transition will be a positive one.

Heather Shipp is a freelance writer and a contributing author for Dogwood Forest assisted living in Duluth GA. Known for their ability to exceed expectations and produce positive outcomes in seniors, this facility is one of 8 Metro Atlanta based assisted living communities and takes pride in measuring their success by the positive feedback they receive from residents and their family members.

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Children

Recent Ruling on Circumcision – A Violation of Individual Liberties or Protection for Children?

At the end of June, a judge in Cologne, Germany ruled that male circumcision is illegal. Not only is it illegal, but motivation behind the circumcision is of no value in this area of Germany. The judge made this ruling based on his conviction that the religious practices and beliefs of parents who do circumcise should not trump a baby or a child’s right to have bodily integrity. This ruling was handed down after a four year old Muslim child in Cologne was brought to the emergency room with severe bleeding only two days after being circumcised. The judge felt it was his responsibility to protect young boys and babies who cannot protect themselves from such an act. However, this ruling does not apply to medically indicated circumcisions.

Circumcision: A Deeply Religious Practice

Circumcision is in many religions, such as the Jewish and Muslim religions, a required and sacred act. Understandably so, this court ruling has Jews and Muslims in Germany in an uproar. One Jewish leader even went so far as to compare this ruling to the start of the Holocaust where religious freedom was completely ignored. Jewish leaders say they will continue to practice their religious beliefs, including that of circumcision. Jewish menare traditionally circumcised as babies at eight days old. Eight days is what God instructed of them in the Bible, and it has been found that at eight days of age a newborn has an intrinsic ability to clot their blood. Muslim boys are traditionally circumcised between the ages of four and twelve.

Is the Cologne Jude Right or Wrong?

Is this judge really protecting the bodily integrity of young boys in Germany, or has he crossed the line and encroached on the religious freedoms of many? One could agree with the judge and argue that when these young men reach a certain age they can make a religious decision for themselves as to whether or not to be circumcised. However, as parents we do have the right to make many decisions, religious or not, for our children until they are of a certain age.

Adding to the Heavily Debated Circumcision Topic

Circumcision has always been a widely debated global topic, and the ruling of this judge only adds fuel to the fire. Parents of boys have likely been a part of this debate in one way or another, no matter where they live. There are valid and scientific facts on each side of the debate. The World Health Organization (WHO) and the United States Centers for Disease Control (CDC) have stated there are medical benefits to circumcision such as lessening the likelihood of bladder infections, penile cancer and sexually transmitted diseases later in life. However, there are arguments on the other side questioning parental and religious rights to do this to children, as well as the risk of infection, emotional trauma, infringement on the child’s freedom of religion, and possible decreased sexual enjoyment later in life. One point that cannot be refuted is that this is a very emotionally charged and debated issue.

Cologne Judge’s Ruling Puts a Halt on most German Circumcisions

It is important to note that this ruling on circumcision only applies to the Cologne area of Germany. However, it has doctors and hospitals all throughout the German countryplacing a temporary ban on the practice of circumcision. Many health professionals are afraid of what this ruling means for the entire country, and therefore are not performing circumcisions until the dust settles and the ruling is either successfully appealed, or at the very least made more clear.

Will a German Circumcision Ban lead to an American Circumcision Ban?

With German doctors wondering what this means for the rest of the country outside of the area of Cologne, perhaps we should be wondering what this means for the United States and the rest of the world. Is it possible that such a ruling could eventually be handed down somewhere, or even all over, the United States? After all, many German or European trends, policies and ideas in law, medicine and government have made their way to the United States over time.

This article was written on behalf of Kramer Law Firm.

Categories
Divorce Law

A demand by Iain Duncan Smith may bring a new Coalition row

The Works and Pensions Secretary has demanded that the government introduce a tax break for married couples.

Iain Duncan Smith wants George Osborne to make changes by next year’s budget to show the government was serious about promoting marriage.

The idea of giving a tax break for married couples was a key Tory manifesto pledges which if not carried out would let the public dismiss as tokenism, Mr Smith has said to have warned David Cameron.

It is being feared that the pledge which the prime minister said would be honoured by 2015 was going to fall by the wayside unless implemented soon.

But the problem lies within the coalition with the Lib Dem leader Nick Clegg opposing it by accusing the Tories that it was trying to create the 1950 model of suit wearing, bread winning dad and apron clad home making mother.

Mr Cameron championed the idea of a marriage tax break when in opposition, although the proposal was watered down to the point where it would be worth only about £150 a year to most.

He said encouraging marriage would help in avoiding divorce proceedings as it would encourage more couples to stay together and produce greater stability for children.

The move was bitterly opposed by the Lib Dems, who argue it was wrong to favour marriage over cohabitation. The Coalition agreement allows them to abstain on any vote on the issue, and gives priority to their tax plan of raising the income tax threshold to £10,000.

Mr Duncan Smith received an unstinted support from the Bishop of Chester. Peter Forster said recognition of marriage in the tax system was one way of sending a ‘powerful symbolic message from government into society, and stress the importance of marriage in the society.

He argued that good marriages were not just a benefit for the couple themselves, and their children, but serve to strengthen the wider society of which they are a part.

A strong respect for marriage would actually support single parents, and others who have the care of children.

Speaking in a House of Lords debate on child development, the bishop urged ministers to act without delay, adding that there would be some changes needed to be carried out to implement the issue before the next budget it would become an unfulfilled pledge of the government as the next election would approach.

Former Tory Lord Chancellor Lord Mackay of Clashfern also urged the Chancellor to act swiftly in the interests of children.

Ministers have not specified exactly how the pledge to recognise marriage in the tax system by 2015 will be implemented.