Categories
Claims

Making Head Injury Claims To Receive The Compensation You Deserve

Head injuries are terrible injuries that can affect your life in more ways than you think. Anyone that has been involved in an accident should get a medical check-up to see if there are any injuries unaccounted for and to receive the proper medical help. When you have been involved in an accident that was not your fault, you should make sure that you file head injury claims and request the compensation that you deserve.

The impact of head injuries can have terrible effects on your life this is why you will need all the medical help that you can get. Clearly, making head injury claims is the best thing that you can do at this point because with the compensation that you receive you will be able to pay for all your medical treatments and bills. Some of the most common side effects that you can experience can include headaches, seizures, vomiting, blurry vision or slurred speech and even loss of memory.

The best option that you have at this moment is to seek the advice of a legal professional that can help you make the best head accident claims. Clearly, in your situation you will need to have someone that can offer you guidance in the legal process and can help you organize your case. You should be looking for a lawyer that is specialized in head injury claims because this way he/she will know exactly what steps need to be taken and how you can receive the best compensation. Also you can depend on them to offer genuine advice and guidance in any personal circumstances that might arise.

You should be aware of the fact that making head injury claims can be an extensive process this is why you should be well-advised in any situation. Regardless of the type of accident that you have been involved in, it is clear that you will need to have legal representation to file the claims for you, take care of all the legal aspects and make sure that the negotiations get you a nice compensation.

Some of the things that will be covered by this head injury claims compensation will include the medical treatment, rehabilitation costs and potential loss of salary. When you have suffered a head injury you won’t be able to go to work anymore, until you get better at least. This means that your budget will be severely affected, especially since you won’t be able to work anymore. The head injury claims compensation will go far beyond a quick financial assistance. You will manage to receive compensation that will help you cope for the rest of your life with the changes that you are going through.

When you have suffered a severe head injury that has left you with some serious side effects then you should make sure that you get in touch with a head injury claims solicitor as soon as you can. Head injury law can be more complex and complicated than you first imagine this is why it is best to have on your side someone that can guide you through the entire process.

Categories
Claims

Claiming Compensation For An Accident

Our lives are full of all the things we need to do and all the things that we need to accomplish on a daily basis. Nevertheless, we shouldn’t forget about the important things in life such as our health, our family’s security, relationships, jobs, money and many more. There are moments when we feel in control of everything and moments when we cannot control anything. When you are involved in an accident that was not your fault then clearly you should make sure that you file accident claims and ask for the compensation that you deserve.

If you are not responsible for the accident caused and you get hurt then clearly you will want someone to pay for the pain and the suffering that they inflicted on you. Accidents happen all the time, but when the other party is responsible for the accident because they failed to respect their duty of care then you have all the right to ask for compensation and to file accident claims. Accidents will usually leave someone injured so if this is your case and have been left injured then accident claims represent the only option that you have.

Of course, the financial support is not going to heal your wounds or make it all better but it will help with your medical treatment and bills. The financial blow that will follow under an accident can be cushioned with the help of this compensation. You may be forced to take some time off work which will translate in loss of wages so your family budget will definitely be affected. Therefore, make sure that you contact the right solicitor and file accident claims.

With the right solicitor by your side you will be able to understand the legal process that you will have to go through and you won’t have to worry about any paperwork or legal documents that need to be submitted in court. The accident claims solicitor will be there to advise you every step of the way and to offer you the guidance that you need in such cases. This is why it is important to find someone that has the right experience in this part of the law, someone that knows all the details of the law and knows exactly what needs to be done in any situation given. Choosing a solicitor has to be done wisely, especially since you are looking to win the case in order to receive the rightful compensation.

Such an accident can put a strain on your budget but also on your health and on your family. It is clear that it is going to affect all of you and the only option you have is to deal with the situation at first hand. Hiring the right solicitor is going to be really helpful but you should prepare yourself for remembering the accident in front of the judge. Also, the evidence that you will need to present will also affect you as you will have to relive the entire moment of the accident.

Categories
Divorce Law Family Law Separation Law

DIY Divorce could be the answer if you do it correctly

Divorce isn’t a subject which people tend to want to discuss very openly, but there comes a time when individuals have to make important decisions about how to live the rest of their lives. Getting a quick, smooth and painless divorce is preferable to a messy contested divorce case which could drag on for a long time and cost a lot of money.

Fortunately, if partners can reach agreement on a number of important issues then the divorce can be brought to an amicable end with relatively little expense, thanks to uncontested online divorce services.

The types of things which separating partners need to talk about might include custody of children, division of property, child support payments, other financial issues and even custody of pets of livestock. If they can reach agreements about these assets and responsibilities then it might be possible to get an uncontested online divorce at a fraction of the cost of the lawyer/solicitor route. Reaching agreement about these things in advance of getting divorce increases the chance of it being conducted in a civilised way.

Online divorce services are becoming increasingly popular, as couples look for a way to reduce the costs involved. Online divorce websites will supply paperwork and documentation which will then be completed by both parties. The most important part of this documentation will concern children or any other dependents. This could be related to custody or maintenance. Getting these documents in order is essential for securing a swift divorce.

There are some circumstances in which uncontested divorces are not suitable, such as when domestic violence is involved or one party doesn’t feel free to negotiate with their partner. Unless partners can discuss and negotiate with each other, uncontested divorces are impossible. Where agreement on these important matters cannot be reached, the services of divorce lawyers and solicitors may be useful. They can mediate communications and ensure that rational, reasonable negotiations take place.

It’s hard to put a price on divorce, as it depends on a wide range of different issues and the couple’s ability to reach agreement on them. An increasing number of people are choosing to take control of their divorce; by using online divorce services. Online Divorce websites can provide the paperwork and advice which helps couples to get a divorce quickly and smoothly. Once the Decree Absolute is issued the divorce is final and both parties can move forward and begin living the single life.

Categories
Child Custody Divorce Law

Saints Coach Sean Payton in the Process of Getting a Divorce

The most successful coach of New Orleans Saints has filled for divorce from his wife of, Beth Payton, to end a 20-year-old marriage. The time of divorce came when Sean is going through a troubled time of facing a suspension for an entire NFL session over an alleged Bounty program.

Sean filled the divorce petition on June 14, 202, seeking divorce on the ground of discord or conflict of personalities. He has asked for the joint custody of the children and for the division of the property. Beth Payton filed her divorce papers on June 26, 2012. However Beth has asked for solo child custody and exclusive authority over decisions on the medical care of the children. She has also asked the coach to pay towards child support and medical care of the children.

The divorce petition was filled in the Tarrant County district court. However, the divorce papers does not contain the full name of the divorcing parties in order to keep their identities under wrap. The papers describe their identities as two residents of Tarrant County with the initials of Payton (PSP) and his wife (BAP), their marriage date and the birth dates of both of their children.

The decision of divorce came at a time when the Saint’s most successful coach is facing suspension from the 2012 NFL session for an alleged bounty program in which defense players were paid inappropriate cash bonus for causing injuries to the targeted opponents.

Sean Payton is the most successful coaches of the Saints. Prior to Joining Saints, he was working as an assistant coach with Dallas cowboys. Sean joined New Orleans Saint’s football club in 2006 and won a super bowl in his fourth session. He managed the team on its way to win the NFC South Division with a 13-3 record and set various club and NFL records.

 

Categories
Divorce Law

Pension sharing on divorce

Pension Sharing

Going through a divorce is never easy; often the process can be painful and upsetting and leaves both parties with so many things to give consideration to including one of the most important aspects, the financial settlement.

During divorce proceedings all financial assets will be included and considered by the court and probably one of the most valuable assets theses days is the pension.

Since the introduction of the Welfare Reform and Pensions Act 1999 pensions have become an important financial aspect of many divorces with the act enabling couples to split the entitlement to their pensions.

When a couple go through divorce proceedings all assets must be included before an assessment/division takes place, either by consent or via court order. Where it is agreed or ordered that one or both parties pensions should be split the court will instruct the pension provider to divide the pension, ensuring that both parties have an entitlement to a share.

On receiving this instruction the pension provider will value the pension and the pension will then be divided on the day of valuation to avoid any changes occurring with that pension’s value.

It is rare that a pension will be split 50/50 and the value of the pension entitlement each party will receive will also depend on other financial assets owned by or awarded to each individual.

Once the pension entitlements have been decided one possibility is that one party will receive the pension account, minus the entitlement allocated to the other party, and will be able to continue to use the account in order to build up the fund as well as claim the benefits, whilst the other party will receive their entitlement in the form of a lump sum and will have no further access to any of the pension benefits.

Another variation of pension sharing is an Earmarking Order although this refers more to sharing the pension benefits rather than the actual pension itself. When an Earmarking Order is granted it means that the party who does not hold the pension is sent notifications by the pension provider every time the party holding the pension receives benefits on that pension and the benefits are then shared between both parties.

However, the party not holding the pension has very few rights with this option and, should the divorce be a particularly messy or unpleasant one with much bad feeling present, then problems may well occur such as the party holding the pension deferring any or all benefit payments so that the party sharing the benefits is unable to receive them as and when they are required. This option is really only suitable for couples who have undergone an amicable divorce and do not have any wish for a clean break.

Offsetting is another option to pension sharing which, although technically doesn’t involve the actual sharing of the pension, does mean that both parties have future financial security.

Offsetting can be used when a divorcing couple have a joint pension which holds the same value as their jointly owned property. The concept of this option is a rather simple one which enables one party to take over the full pension whilst the other party keeps the house. However, the party who opts for ownership of the property will obviously be left without a pension fund and so will need to consider starting up another pension scheme to ensure their future security.

A further alternative to pension sharing is for one party to set up a pension fund and make regular payments into that fund instead of making maintenance payments or making part maintenance and part pension scheme payments to the other party involved.

This is not always a suitable option, especially if the party due the maintenance payments requires those payments for their day to day living and the up keep of their property, but this option can prove a popular one for those who have not yet got round to setting up their own pension fund and can offer peace of mind with regard to the individual’s future security.

This post provided by family solicitors in London, where you can  also find advice on finances on divorce.

Categories
Family Law

Arbitration and Mediation Services (Equality Bill)

The following is a guest family blawg post regarding the Arbitration and Mediation Services (Equality) Bill.

There is a common misconception amongst people, within the South Asian community, that Islamic marriages conducted in this country, are valid under English law. This is not correct. The marriage will only be valid if there is a person within the establishment where the Islamic ceremony takes place, who is authorised to conduct a civil ceremony at the same time and the establishment is registered with the local Registry Office as being an authorised body that can issue the recognised marriage certificate required under English law. A valid marriage certificate can be easily identified as it is in a prescribed format, on green coloured paper.

If the above requirements are not fulfilled, then unfortunately the Islamic ceremony will not be recognised as being a valid marriage under English law. In those circumstances, the parties to the “marriage” will not have the right to make a claim against the other under matrimonial law, and will have to rely on the limited and less generous provisions, afforded to cohabitees, based on principles of trusts, which generally require evidence of financial contributions to the assets that are being claimed, or provisions under Schedule 1 of the Children Act, if the claim concerns financial provision for children.

In many cases where there is only an Islamic ceremony, and no valid marriage under English law, the parties are often encouraged within their communities to mediate amongst their communities, through the use of community elders or members of their own family. They are in many instances encouraged to make use of Sharia law arbitration tribunals operating according to religious traditions. However, this may not be the best option for them as the rights afforded to women under Sharia Law may not be as generous as their rights under English law. There has been some concern that some arbitration tribunals, including those operating Sharia law principles are applying principles which go beyond their legal limit.

A bill has been proposed by Baroness Cox, the Arbitration and Mediation Services (Equality) Bill, which highlights the misuse of equality within the arbitration and mediation services. The main proposal of the bill is to highlight and address the current discrimination which is in force in relation to women who are using arbitration or mediation specifically those within the Asian community. The bill therefore has two main aims:

–          to prevent women from receiving unjust treatment;

–          to prevent any alternative system being established in England and Wales with a potential prison sentence for those claiming to do so.

The bill is not aimed at a specific religious group but at women in general. It is intended to protect women who are and can be discriminated within the legal system.

The main proposal of the bill is that arbitration through a tribunal system that is not recognised under English law, should not deal with family or criminal matters. A concern is that issues such as legally recognised divorce or custody of children are being discussed and often decided at tribunals rather than through the courts.

The bill also makes it clear that any discrimination specifically sex discrimination laws apply directly to arbitration tribunal procedures. The proposed bill is much narrower as it relates directly to three specific areas:

–          treating the testimony of a man as worth more than a woman;

–          preferring a male heir in inheritance rights ;

–          preferring a man over a woman in property rights.

This aspect is specifically designed to address the issue of Sharia law. Traditionally, within Sharia law, the property passes to the sons, not to the daughters, and the daughters’ inheritance is normally half of that of the sons.

Furthermore, the bill seeks to create a new criminal offence. The proposal is that an offence will occur where anyone “falsely purports to be exercising a judicial function or to be able to make legally binding rulings which ought to be decided by criminal or family courts”. The aim of this is to prevent religious or community bodies from operating in lieu of public authorities.

The bill also expands the public sector equality duty. Public bodies will therefore be required to inform women that they will as a result of the marriage not being recognised in English law have far fewer rights. As a result of the lack of legal recognition, there is a risk that it could lead to polygamous marriages being performed.

An amendment is proposed to the Family Law Act 1996, by inserting a clause that a negotiated agreement may be set aside if one of the parties to the agreement did not genuinely consent to it. A “negotiated agreement” means an agreement which has been reached as the result of any form of negotiation, other than mediation. The aim of this is to provide protection for vulnerable parties.

Another area which is addressed by the bill is domestic abuse, which occurs within society quite frequently and is a concern amongst all communities. In most cases, the person suffering from the abuse is very vulnerable and rarely has the courage to stand up the abuse being suffered. Often, it remains unreported and if it is reported to the police, there is pressure by family members to withdraw the allegations. One of the proposals of the bill is aimed at amending the Criminal Justice and Public Order Act 1994. The emphasis of the amendment is to prevent intimidation of those victims of domestic abuse who are assisting in the investigation of that offence or if they are a witness or potential witness in the proceedings for that offence.

The implementation of the bill will bring England in line with various other countries in the world such as Canada and Australia that have outlawed religious arbitration in the legal jurisdiction. Overall, it is aimed at promoting equality between men and women within the arbitration process but also to ensure that there is one legal system in place for issues regarding family and criminal matters.

This guest post comes from Claim Today Solicitors

Categories
Divorce Law

Five Tips For Finding A Good Divorce Lawyer (US Tips)

When you were married, you probably never imagined that it would end in divorce. Now you are right at the beginning of a divorce and might not be sure of what to do next. Perhaps you realize that you need to get a good divorce lawyer, but you are unsure of where to go and who to talk to. If you need some help finding a good lawyer, there are five tips that might guide you in the right direction.

The first tip for finding a good divorce lawyer is to find someone who specializes in family law or in divorce. There are many different types of lawyers that are probably good at what they do, but do not deal with divorce every day. Someone that deals with divorce cases on a regular basis and has taken special care to learn all that they can about divorce might be a better choice of someone that would be able to help you the very best.

The second tip to find a good lawyer when you are getting a divorce is to talk to multiple lawyers as sort of an interview for the job. You might know a lawyer or two that have a good reputation, but when you meet them, it just doesn’t click for you. Perhaps there is someone that you meet with that will make you feel uneasy or uncomfortable. Use your common sense, and if you are uncomfortable for any reason with the lawyer, you might want to choose someone else.

The third tip is to tell the lawyer everything! You might be embarrassed about some things that happened during your marriage, or perhaps you think something is irrelevant. Letting the lawyer be the judge of that is probably a good idea because they know things about divorce cases that you don’t. They can take the information and decide what to use to build your case. Lawyers take confidentiality very seriously and will not tell anything that you don’t want told.

The fourth tip in finding a good divorce lawyer is to let the lawyer know what your financial situation is. They can help you the best with your marital financial situation if they know all of the details. You may want to include copies of pay stubs, bank statements, and bills.

The fifth and last tip that might help you to find a good divorce lawyer is to follow up after your initial visit to make sure they really are who they say they are. After a day or two, you might want to call them to see if they followed through on what they said they would do and if they still have the notes and information they will need for your case.

Finding a good divorce lawyer is absolutely important so that you are not left holding all the baggage from the marriage. While you will still have some responsibility, you should have a good lawyer to make sure everything is fair.

Guest post provided by the Phoenix Divorce Lawyers from the Cantor Law Group. Based in Phoenix, AZ The Cantor Law Group handles all aspects of divorce, including adoption, child custody, child support, alimony and other family law matters.

Categories
Children

Benefits of Hiring a Child Support Lawyer

(US family law and general legal info) Child support laws are in place to ensure that adequate financial aid is given to the children from their parents, who are not staying with their children. Usually, child support is associated with divorce or separation, wherein both the parents are not raising their child together. Thus, a financial aid is generally paid by the non-custodial parent to the custodial parent to meet the financial requirements for care and support to the child. Child support amount can include expenses such as food, clothing, medical care, health insurance, education, housing, and other special needs of the child.

A child support lawyer is a specialist lawyer, who has studied family laws and gained legal experience in handling cases related to divorce and child support. If you are facing a separation or divorce case with children, you may need help of an experienced family lawyer.

Benefits of Hiring a Child Support Lawyer
Representing your divorce case may or may not be simple. If the decision is not mutual, it is likely to be emotionally distressing. You may not be able to represent your divorce case on your own. Thus, appointing a lawyer for the same is a wise option. One more reason to appoint an attorney to handle your divorce and child support case is that the divorce laws are complicated, and those related to child support are complex too. In addition to being complex, child support laws are different in every state of the United States.

A lawyer experienced in child support cases can be abreast with all the updates and has expertise in calculating the child support amounts. In case, there is any difference in the calculated figure and the amount announced by the court, your lawyer can protest the same. Your lawyer can also educate about other factors involved in child support such as how to make the payments, whether or not the child support can be recalculated, and when does the child support will stop etc.

Responsibilities and Duties
Job as a child support lawyer entails performing various tasks right from evaluating your case, advising you, conducting counsellings with you and your spouse for possible ways to handle the case.

Child support cases are filed with Department of Child Support Services. A lawyer has to oversee all the cases related to child support with the department. He has to be involved in advising department staff. He advices parents related to legal issues, and who are involved in support actions and paternity.

He prepares for the pleadings, hearings, motions and conducts discovery required for the case trail, and other legal proceedings. Creates and maintains accurate case records. He is also involved in negotiating settlements with your spouse.

A child support lawyer similar to other types of lawyers, focuses on one arena of the legal system representing child support. Such cases are associated with divorce and separation cases. These lawyers obtain a Juris Doctorate degree and should be active member of the state bar association. A child support lawyer will explain to you your rights related to visitation and the extent to which you can be held liable for child support, depending upon your monthly income and other relative factors.

This Guest post is written by Lords Screw. He is a writer for Typeoflawyer.com

Categories
Domestic Violence

What is Elderly Abuse? How Can I Help?

(US Law) Elderly Abuse is known as the different acts that involve harm to older people. Other terms are associated with elder abuse such as old adult maltreatment, old adult abuse and senior citizen abuse among others. There are plenty of organizations that deal with elderly abuse, but the general rule of thumb is that any excessive force, either physically or psychologically, is considered abusive. This can even be if your intention is to help the elderly person, which creates some grey area problems for health workers.

Several cases of elderly abuse are included in the kinds of family or domestic violence. Elderly abuse does not involve any criminal acts to the elderly, such as victimization in robbery, theft, or ambush. They are classified as criminal offences, not elderly abuse. Elderly abuse is now a social dilemma because of its high incidence. What is more saddening is that many cases are not reported or unknown.

Elderly abuse is a complicated case and people often have misapprehensions regarding this kind of abuse. Contrary to what people think, elderly abuse does not just occur in nursing homes. Although it may happen, the usual kind of elderly abuse does not take place there. It could happen anywhere, even at places we are in. Truth is, several cases of elder abuse occur at home, where the close relationships of the elderly are. The typical kind of abuse in the home is neglect of the elderly. Physical and emotional abuse occurs as a result of the weakness and dependency of the old adult to the family members. As old adults age, it is understood that they become frail and feeble, and they cannot do things without assistance. Lack of patience and understanding in the part of the caregiver can lead to abuse.

The usual victims of elderly abuse are ailing, feeble, mentally challenged, disabled and miserable old adults. Then again, even those who do not have these characteristics are still risk; but those stated prior are the most susceptible to elderly abuse.

The physical harm of elderly can be in forms of pushing, jostling, slapping and in severe forms tying in ropes and beating. Any person who uses force against an elder that results to trauma and pain, is an abuser. The deprivation of primary needs and home imprisonment of old adults are also forms of elder abuse.

Editor’s note – for top Denver divorce attorneys click here.

Here are common examples on the types of elder abuse:

• Physical Abuse: This includes beating, slapping, shoving, thumping, kicking, tying up/restraining, false confinement, and any use of physical force that leads to injury.

• Emotional Abuse: This includes provoking fear, shouting, degrading, embarrassing, rejecting, accusing, disrespecting, mocking, condemning and ignoring an elderly.

• Financial Abuse or Exploitation: This is the unlawful use of the elder’s money, properties and possessions achieved through trickery, force or pilfering. The non-provision of financial support and expulsion from the home which belongs to the elderly are also included.

• Sexual Abuse: This includes coercing an elderly to participate in any sexual act and discussion against his or her will, even in cases where the elderly can not willfully give permission due to dementia.

• Neglect: This is the kind of abuse where the elderly is deprived of their primary or basic physical needs like food, clothes, medications and medical assistance. It could be on purpose, or due to lack of awareness.

There are also other kinds of abuse like abuse of human rights or elderly rights, abandonment or desertion of elderly and institutional abuse which is the physical and emotional abuse to elders in health institutions/nursing homes.

There are ways on preventing and reducing the incidence of elder abuse. First, you can reach out to seniors, this way seclusion will be reduced. You can reach out through visits or getting involved in activities that provide elder support. You can also invite them small family activities and gatherings. Let them get involved by asking them to teach knitting or cooking skills to you and the family. You can also volunteer in nursing homes to have hands on care to older adults. Promote senior involvement by inviting them in programs for the elderly.

If there is suspicion of occurrence of abuse or if you actually witnessed an abuse, call the emergency number of your community. Any form if abuse should never be tolerated. Contact immediately the support for the elderly institution or department to prevent further abuse.

Pete Wise is a Content Marketer. If you or a loved one has been involved in elder abuse and neglect, you should also seek an elder abuse attorney to represent you. An elder abuse lawyer can help walk you through what legal options are available and which course of action should be taken.

Categories
Family Law

Top 5 most viewed family law blogs on FamilyBlawg: May-June 2012

Below are the top 5 most viewed law blog posts published on FamilyBlawg over May and June this year (out of a total of over 15 blawg posts published during that period). These have been ranked by the number of pageviews according to Google Analytics, which is often a useful indicator of quality of the blog posts. We try to share every article equally through our social networks and encourage the authors to do the same with their networks.

If you have any comments to make on these family law blog articles it would be great to hear from you. And similarly if you would like to sign up as a contributor for free please read our guidelines then click here to get started.

  1. The Place of Children in Family Law by Clough & Willis Solicitors
  2. Family Law Update Puts Emphasis on Children’s Best Interests by Jim Loxley
  3. International Marriages by Evolved Legal
  4. How to File for Divorce Yourself by Divorce Statistics
  5. The Cost of Divorce in the UK by Ian Nuttall
Categories
Adoption

Adopting a Child

For some people, children are not an option. You may really want them, but for one reason or another you cannot have children of your own. Do not ever think that because you can conceive a child of your own, you are out of luck and will never have a family. There are many things you can do to ensure that you do have a child. It may not be your own, but have you ever considered adopting? There are many other people just like yourself out there that for medical reasons cannot have a baby of their own. There are also many children out there in other countries that are looking for people just like you to take them in and love them as your own. Want to know more about adoption? Here’s the inside scoop.

Helping a Child

When you adopt a child, you are in many ways being a savior for a child. Many children are born in third world countries and do not have families that can take care of them. You have surely seen the ads on TV for the children who have nothing to eat and nowhere to live. They can be heartbreaking. In China, there is still a one child per family rule, so many Chinese children are sent to orphanages waiting for someone just like you to give them a place to belong. There are also many young American girls who find themselves pregnant and are unable to give a child the life he or she deserves. These girls have the best intentions for their babies and want the best for them, so they decide to carry them to term and then put them up for adoption. If you are considering adopting a child, the first thing that you will want to do is to get in touch with an adoption agency.

Places You Can Go

Get your name on a list or even post an ad in your local newspaper. Chances are that you will have to participate in a home study to see if you can actually care for a child. If you choose to adopt a child without an agency, that is fine as well. Keep in mind that when you adopt, there may be fees for you to do so, but many times, adoptive parents want to help the mother of their soon to be child out. You may want to retain an attorney who can advise you on the best steps to take.

Please do not ever think that because you cannot conceive a child of your own you are out of luck when it comes to having a family. There are many people out there, who for one reason or another, cannot take care of their child but still want the best for them, so they allow them to be adopted. If you are looking to adopt a baby, know that you are doing a wonderful thing and you are giving a child in need the life he or she deserves.

Lacey D. is a writer for AspiringNurse.com. Adopting a child can be a great step for you. Make sure you have your newly adopted child to a pediatric nurse practitioner.

Categories
Divorce Law Family Law

Divorce and Title Loans: Who Gets the Car? (US Law)

Dog in carThe divorce process can be an intricate situation that leads to many unforeseen problems, both emotionally and financially. If you were having financial problems before you filed for divorce, there’s a possibility that you may have acquired some considerable debts. Sometimes, people in this situation obtain a car title loan to come up with the money they need to help cover the cost of divorce. If you have recently filed for divorce, there may be some question as to who gets the car when this type of loan is involved. Here are a few things to consider about this scenario.

Paying Back the Title Loan

In a divorce situation, you have to be careful how you handle the debt. If no one pays the title loan back, the lender is going to keep the car. Whoever originally signed for the loan is responsible for the money that was borrowed. According to TitleMasters, you will have 30 days to pay off your loan, and in some cases you may also qualify for a 30-day extension.

If the money does not get paid back within the term of the loan, then the lender has the right to take the car and sell it. The lender will keep any money that is generated from the sale of the car. This means that if you are in the middle of a divorce settlement, you need to make sure your title pawn agreement is paid back before the car gets repossessed and sold.

Settlement and Court Ruling

During the process of filing for a divorce, you and your spouse may try to settle things outside of court. In this situation, both parties may hire lawyers to represent them during negotiations. Both spouses and their lawyers will meet to discuss the terms of the divorce. In these negotiation sessions, you work together to determine what happens to the car, as well as how any other marital property is distributed.

If nothing can be decided in negotiations outside of court, then the divorce court will have to get involved. When this happens, both you and your spouse will present information before a judge. The judge will listen to the information and divide the assets in a way that he or she deems equitable for both parties. The judge may decide to give you the car, or give it to your spouse, regardless of who signed the original loan agreement.

Typically, in a court case, you can make requests as to what type of property you would like to receive from the marital estate, but the decision is ultimately up to the judge. If you want to make sure that you get the car, it is usually better to settle outside of court, where you have more control over the outcome, rather than having a judge decide what’s best for you and your spouse.

Marital Property

When determining who takes possession of a car after a divorce has been filed, you also have to look at whether the vehicle was considered to be marital property or not. For example, if you, as an individual, owned the car prior to getting married, then it would not necessarily be considered marital property, if the car were still in your name. If one of your parents or a relative left you an inheritance without giving any to your spouse, then that is not always considered marital property either. In a situation of this nature, you may be entitled to keep the car without having to compensate your spouse for his or her half. If the vehicle is determined to be marital property, you may have to pay your spouse something for their share of the car.

The divorce process addresses many issues concerning property, finances and emotions. If you have a vehicle title loan while filing for divorce, make sure both you and your spouse understand the terms. The more prepared you are for negotiations, the better the outcome for all involved.

Karla M. Somers is a freelance writer, interpersonal relationship expert, and former family mediator for the state of New York. She is a contributing writer for Atlanta based lenders, TitleMasters.

Categories
Pre-nuptial Agreements

Top 10 Biggest Celebrity Prenuptials

Below is a guest divorce law blog post regarding some of the biggest celebrity prenuptials.

Going through a break-up is never an easy or pleasant experience. How much worse, then, for those with a mighty fortune and property that will be divided and the pressures of fame to deal with? Although it may not seem a very romantic way to start married life, more and more celebrities are opting for a pre-nuptial agreement to try and make any future break-up easier to administer while preserving as much of their personal wealth as possible.

Why Celebrities Make a Pre-Nuptial Agreement

Although it can seem a depressing thing to do, having a ‘pre-nup’ can be about more than simple greed and wanting to hang on to cash. For some, a pre-nuptial agreement can actually relieve tension that might otherwise exist in a relationship to do with money and property. When the marriage is not the first and children are involved, these agreements can protect the interests of the existing families and make life easier for divorce lawyers if things ever come to that.

Agreements can be extremely flexible. When celebrities find themselves having to go through the divorce process, their lawyers will go through any pre-nuptial agreements with a fine-tooth comb. Sometimes these can have unusual clauses that have been carefully tailored to their clients.

Stay With Me

When Nicole Kidman married Keith Urban, their agreement involved her paying him $640,000 per year while they remained married, but removed his rights to receive anything if he ever used illegal drugs again.

Paying for fidelity or marital longevity seems to have become a mainstay of agreements by trying to actively discourage divorce by making it more financially beneficial to remain married. Take music stars Beyoncé and Jay-Z’s arrangement, which sees her set to receive $10,000,000 in the first two years of marriage and $1,000,000 for a further 15 years.

If Katie Holmes were to remain married to Tom Cruise for more than 11 years, she will be entitled to half his fortune. But the $3,000,000 she receives for every year she remains married to him until then is not a bad income to be going on with.

The Big Pay-Off

Pre-nuptial agreements are better known for defining what someone will receive when they leave. Hell hath no fury like a woman scorned and Michael Douglas would do well to remember it. If he is ever unfaithful to Catherine Zeta-Jones, she would receive a ‘bonus’ payment of $5,000,000 on top of the $2,800,000 for every year of married life.

Charlie Sheen and Denise Richards had a similar idea, agreeing that if either strayed they would pay the other $4,000,000. Russell Crowe would have to stump up an eye-watering minimum $15,000,000 if his marriage to Danielle Spencer ends in divorce. Khole Kardashian is very specific in her requirements, which include a $5,000 per month shopping allowance, courtside season tickets to Lakers games for all her family and a $25,000 monthly amount for support from Lamar Odom in the event of divorce.

So Long, Farewell

Some celebrities use their agreements to avoid large pay-outs. Britney Spears ended up paying her ex-husband Kevin Federline less than £1,000,000 thanks to hers and Kim Kardashian’s assets, including her earnings during marriage, are also protected. Director Steven Spielberg’s agreement was considered invalid as it was written on a napkin and rather than paying nothing, he ended up shelling out £50,000,000 to Amy Irving.

Our guest blogger today is Robert, a blogger and freelance writer with an extensive amount of knowledge on family law. Robert is currently writing for Switalskis Family Law.

Categories
Family Law

Family Law In General And In Italy

Familial issues are faced by everyone in today’s world. Luckily we’re in that phase, when all matters are governed by the law, even the personal matters. All personal concerns do become legal issues if they reach a particular level of seriousness. Here, we will explore exactly what is included in the context of family law, with a particular focus on Italy.

Categories
Child Custody Children Divorce Law Family Law

Parents Access Rights ‘Enshrined’ in Law

One of the reasons that divorce law is so complex is that very often the rules are a matter of fine interpretation. Deciding what is the best case for a child as young as two or three can come down to a few difficult paragraphs of wording or just a better argued case.

Sometimes, however, the law is perfectly clear cut and in an attempt to simplify divorce legislation, the government has recently put through an amendment which will ‘enshrine’ the rights of both parents to have access to a child. In essence, what was once a complex and subtle issue is to be made explicit and the law will serve the rights of both parents in most circumstances. So do these changes make sense? Has the government made the right move?

Protecting Fathers
Though at all times family law experts attempts to set out the proper, just way of dealing with an issue, this amendment will undoubtedly benefit fathers seeking access rights. In just under 10% of divorce cases children reside ‘mainly’ with their father and this legislation seeks to correct this bias.

Of course, this should not overrule what is in the child’s immediate interest if, say, a father or mother is violent or unfit for the role, but it does give genuinely willing fathers a leg-up.

Admin over Justice
Plenty of family law solicitors have expressed their discontent with the changes and they claim that the new legislation is simply not required – in calculating the interests of the child, courts already take into account the benefits of having influence from both parents.

When parents are given rights to access, disputes start arising over whether the right to access should be equal or properly apportioned. Undoubtedly, this will put a good deal of extra strain on courts for what will be more or less the same end result.

The Paramountcy Principle

After all is said and done, what realistically and legally matters is the interest of the child – this is the paramountcy principle. Though there are many cases in which both mothers and fathers fall unfortunately the wrong side of the legislation, family law experts do understand and appreciate the benefit of enabling joint access wherever possible. Though these changes might redress the balance between those living with dad and those living with mum, the statistics really aren’t the point – what matters is the child’s well-being and at the moment, judges do all they can to ensure fair access to children.

Though we’ll have to wait and see what the real effects of these changes will be, it’s likely that they will be pretty unpopular throughout the justice system and, as happened in Australia, we might well see a reversal of the law in the future.

Clough and Willis Solicitors have a dedicated team of family law specialists who are headed by a Resolution accredited specialist who can advise on divorce settlements and agreements. We can also advise on the appropriateness of referring the dispute to a mediator and deal with negotiation of child arrangements on your behalf. If required, we represent both parents and grandparents within Court proceedings.

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Civil partnerships

Understanding civil partnership laws in the UK

As a gay or lesbian couple, you desire the same rights as heterosexual couples when it comes to building a family and creating a home where you feel safe and comfortable. Fortunately, the Civil Partnership Act that formally took effect in 2005 enables you to do so, and changes to that law in 2011 broadens your spectrum of rights.

In order to exercise your rights, however, you must first know what they are and stay informed on the evolving issue of civil partnerships. Here are the basics.

Civil Partnerships: What benefits do they include?

Civil partnerships in the UK have been designed to extend nearly the same rights as marriage does to heterosexual couples. These rights include domestic violence protections, inheritance tax exemptions, benefits for social security and pension, inclusion of both partners in tenancy contracts, next of kin rights, and the right to apply for responsibility for a partner’s children.
What’s the difference between a civil partnership and a marriage?

There are a few differences that can be highlighted when comparing the two legally-recognized relationships. Civil partnerships are created when the two parties involved sign official documents, rather than when they recite marriage vows. Also, during the dissolution of a civil partnership, adultery is not officially recognized as a reason to end the relationship. Though civil partners have pension rights in most cases, some private plans may not choose to recognize the relationship.

What are the latest changes regarding the legality of civil partnerships?

Civil partnerships were first legalized in November 2004 (taking effect officially a year later in December 2005). However, recent legislation, passed at the end of 2011, has broadened the recognitions for same-sex couples under the law.
When the Civil Partnership Act was passed, it stipulated that same-sex couples could not incorporate a religious ceremony (which included the use of symbols or music) into their formation of a civil partnership, nor could the ceremony take place at a religious venue. The new legislation relaxes these restrictions, allowing civil partnership ceremonies to be performed in religious dwellings. However, religious symbols and music are still forbidden.

Where in the world are civil partnerships recognized?

If you are making plans to spend time outside of the UK on holiday or move to a different country, the best way to find out if your travel plans will be affected by the recognition of your civil partnership (or lack of recognition) is to call or email the UK embassy in your travel destination to ask questions. In general, other countries that recognize civil unions are apt to honour your partnership.
The legal landscape of rights for same-sex couples continues to change. In March 2012, the UK government began a consultation concerning how to open the path for both gay and straight couples to have identical rights for civil partnerships and marriage. If you need legal advice concerning family issues surrounding a civil partnership, contacting a family law firm like Irwin Mitchell might be a good idea.

To find out more about the legal rights granted to civil partnerships, visit direct.gov.uk.

Categories
Divorce Law

The Cost of Divorce in the UK

Below is a guest divorce law blog post regarding the cost of divorce in the UK, written by Ian Nuttall, a financial writer who covers a number of personal finance topics on his blog. He recently launched a free debt consolidation calculator that you might be interested in. For more information, or to connect with Ian, you can add him to your G+ Circles.

The Cost of Divorce in the UK

The number of divorces in the UK has risen by almost 5% in the last two years with 120,000+ divorces every year. Combining expensive lawyers fees and court fees, the cost of a divorce can be very expensive – even if the divorce is mutual and uncontested.

There are usually two types of divorce, and each will dictate which process you take and how much it will cost.

A mutual and uncontested divorce

If you and your partner have both agreed that the marriage has ended and can be amicable with splitting of assets, parenting duties and all that comes with a separation, then the costs of a divorce in the UK can be significantly lower.

If you use a lawyer to facilitate the divorce, it could cost you £1,000+ in lawyers fees plus £347 for court fees, a document swearing fee and a decree absolute.

An alternative to this in the UK would be to choose an online divorce company. Many of these companies now charge you only a very small fee of £20-100 for their service. You may still have to pay the court fees but it is 90% cheaper than using a solicitor.

One of the main negatives to these “quickie” divorces is that you have to declare a set reason for the divorce. This means one party may have to admit fault in the relationship, even if there was no fault or blame.

A contested divorce

Contested divorces are where one party pushes for the divorce against the others wishes. These can be very tricky and often it is difficult to divide assets or parenting duties without negotiations and a mediator.

The lawyer fees for this type of divorce can range from £3,000-£20,000+ depending on the complexity of the disputes. Essentially, lawyers charge £150-200 an hour so it depends entirely on how long it takes to resolve the issues of the divorce.

With a contested divorce, it may be beneficial to use a intermediary or family friend to try and resolve as many decisions as possible before the lawyers are used.

You could also contact a lawyer who offers a free initial consultation to get an idea for how long it might take and what the potential costs would be.

Additional costs of a divorce

There are other costs beyond the actual divorce process itself that need to be considered as well and these can often be even more expensive than the actual divorce. Here are few areas you’d need to consider:

  • Maintenance payments
  • Setting up a new home
  • Child care costs
  • Buying a second car

There might even be more expenses depending on your personal situation. Whatever stage of the divorce process you are in, the cost could be anywhere from £20-£20,000+ and ultimately, the process you take is down to your relationship with your partner and how amicable you can both be.

Categories
Family Law

The Place of Children in Family Law

When dealing with divorce or the breakdown of a family, everything becomes a balancing act for a solicitor. Unlike in more straightforward property cases or employment disputes, there are often three parties involved in divorce and family law solicitors see a huge number of cases which involve one or more children.

The difficulty for family law experts is finding where the right balance. The law in the UK says very little about the rights of children and because of this most cases involving children are settled out of court with the help of a family law solicitor. Compare this to family law in somewhere like Australia, though, where a new reform bill means that the safety and rights of children will be paramount in disputes between couples and the outcomes of complicated cases will be decided by a court of law.

Of course, it’s a very complicated matter, but does the law do enough for children in the UK? What does the law say and how are children protected? Should we move towards a system where children are given explicit legal rights or does our system do the job?

Well, the first concern for the family law expert in any relationship breakdown is violence. The UK law states that the courts will only make an order against a particular parent having access to their child if not making that order would be more detrimental. Where one parent has demonstrated the willingness to commit violent acts against children the courts in the UK can still be firm and clear and it will become very hard for a violent parent to gain any access to their child at all.

It’s an equally common view amongst family law solicitors that children are happier if both parents have an influence in parenting. This is, of course, the ideal, but often negligent parents impose a negative influence on children and this is where out of court agreement really do work. A system where the child’s right or desire to its own joint care results in a parent who is disinterested being forced by a court to take charge could be potentially very dangerous.

Of course the Australian system is fraught with problems and the administrative costs of allowing courts to have such power in deciding what is right or wrong for a child can come at a massive time cost. It’s well known that divorces can take up to two years to resolve and dragging out what is potentially a very difficult time for all is not desirable for anyone.

The way that children are protected in the UK relies on both parents putting their own personal views of each other behind them and agreeing to come to a sensible arrangement. The law provides for the occasions when the parents are unable to do this and courts will step in if they need to. Really this way provides an adequate solution in difficult circumstances and when children’s well-being is at stake, a more powerful but administratively costly court just doesn’t seem to be the right solution.

Clough & Willis Solicitors are based in Bury, Manchester and the specialist Family Law team at Clough & Willis have extensive experience in divorce law, maintenance payments, financial settlements and child custody and can advise on all aspects of your situation. All Clough & Willis divorce solicitors are members of The Law Society Family Panel and Resolution.

Categories
Property issues

Hitches in handling joint land ownership as relationships deteriorate (US Law)

Below is a guest blog post regarding joint land ownership under US law.

Joint land ownership or joint ownership has a legal term and that is “concurrent ownership”. So, if the law is considered, in general there are three types of “concurrent ownership” situations and these are, joint tenancy, tenants in common, and the two people in a relation like that of marriage, can own a home on joint basis. Now, if the tenants tend to fall off on good terms, if a couple contemplates divorce, problems are supposed to arise with regards to the ownership of the home. The situation can get even more complex, if the homeowners had been facing problem in making the mortgage payments, thereby requiring them to plan a mortgage loan modification.

Joint land ownership in case of relationship breakdowns

In case of relationship breakdowns and joint ownership of properties, it is important to first find out if the joint tenancy commitment has been severed. If a joint tenancy has been cut off, it changes to tenancy in common. So, if this happens, taking out the share of a spouse or partner in particular, becomes easier. Now, can be the joint tenancy cut off? This can easily be achieved through:

1.The bankruptcy filing by any one amongst the joint tenants

2.May be, a written agreement in between the tenants or parties stating, that they from now on will hold the rental property as tenants in common

3.Some of the conducts which is going to render it clearly, that the tenants have severed the ties with regards to joint tenancy

4.A court order in relation to the property, which is going to declare that the property is in no way compatible for joint ownership

However, on the other hand, situations which definitely are not going to result in cut off of joint tenancy are as following:

1.A declaration by a single tenant or party, declaring that the ownership has been severed
2.Simply applying for ending the joint tenancy, like that of making an application to the Victorian Civil and the Administrative Tribunal, so as to get an order on the same
3.Any form of conduct by the parties concerned, which shows that the joint tenancy has been severed, even if it is in the process of getting cut off, and the severance is yet to happen in actuality
4.If one of the owners obtains a home loan or mortgage
5.If one of the owners leases out the property
6.Ejection of only one owner

However, if any cut off on the joint tenancy is not possible, then a situation will have to be considered, under which one party or spouse is said to hold his/her joint land ownership in trust for and also, on behalf of the other partner or spouse. There are mainly two types of trust with regards to such a situation, and these are the constructive trust, and the resulting trust.

The constructive trust is when the judgement court imposes trust so as to do justice to both of the partners in question, or the spouses as well. This judgement is taken free of any particular intention. On the other hand, the entitlement of the resulting trust is the process that involves the transfer of the legal title to a person, who isn’t the beneficial owner with regards to the property. This is more of an “intention enforcing” trust.

Categories
Family Law

Loss of friends due to divorce

Divorce not only costs money and family but also friends. While going through divorce you will be able to discover people whom you actually called friends. There is a tendency among human beings to look for support while going through sad times. While going through divorce you might find people who once called themselves your friends shying away from you. It is just one of the example of side effects of divorce that is just not limited to one’s family but also to friends and extended family. On an average you will lose around 8 friends during the the whole process of divorce. While going through a divorce, it comes as an eye opener while fighting the battle with the person who was once the most loved person in your life and managing things if there are any children involved.

There are multiple types of friends who you can easily recognize while going for a divorce

  • There are friends who will find it difficult to interfere in the ongoing process . They find it difficult to cope up with the news and do not know what to do in such scenario. So, what happens is that they don’t say anything and leave you alone in the situation and hide in the background. Instead of dealing with things and come out to help you, they opt out rather than facing it.
  • The second type of friends are those who will feel the need to support any one of the spouse giving reason to other spouse for the termination of friendship. Losing such friends who were once important to you and your spouse can hurt but you but will teach you a lesson to be more careful choosing friends next time.
  • The third type of friends are those who operate in just couples . And they will be more than happy to take your name out from the list of weekend breaks or at the dinner parties. They just don’t have any space for single person be it that person is their close friend. Once you are divorced you will find many of your married friends missing from action or avoiding you completely. It is better to stay lonely than having such selfish friends.

The divorce was meant for you and your spouse but your friends leaving you in between divorce is some thing you never saw coming. Once this happens, you fly solo.

Post divorce life is the first time you will start choosing friends for yourself without any influence. While we were children it was your parent’s choice who you will we make friends with. They did so because they feared that if you choose wrong people, we will become like them . If you are comfortable hanging around with people who are successful and are happy soon you will turn like them .

One of the divorce aftershocks is that a person starts to feel that she/he is a piece of junk or a useless person . Making friends with people who understand your value and respect you for what you are will help a lot in getting out of this negativity and lead a normal life.

Getting out of the self containment box is important as it will only develop negativity and the feelings of being worthless develops destructive feelings and you might end up causing harm to yourself. If you do not get out of this box then very soon you will be found in another box heading toward grave.

Get hold of your life once through with divorce and make the best use of this time , surf online information on divorce when you have only you to cater. Go out and start living your life. You will eventually make new friends but this time you will be more careful choosing correct person as friends.

Author Bio:

I am Lisa Levis, working as a content writer since 2010. I am helping edivorcepapers.com. Here I am managing its blog and article sections.