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Divorce Law

Major causes of divorce in the UK

divorce-causes-ukIt is well known that couples spend a significant amount of time looking ahead to one day in their life – their wedding day. But, they then fail to discuss and plan their future together such as their career ambitions, lifestyle choices and parenting styles.

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Divorce Law Family Law Finance Marriage Separation Law

Don’t look back in anger? Try telling that to Dale Vince

During the couple’s relationship, the pair lived a nomadic lifestyle, surviving on very little money. Following their separation, life continued in a similar manner for Ms Wyatt, who today lives in an ex-council house in Wales with her children. However, things changed dramatically for Mr Vince when he founded Ecotricity in 1995, which is now one of the UK’s biggest green energy companies.Mr Vince’s new lifestyle mirrors his business success and he currently lives in a £3 million 18th-century castle with his new wife and their son.

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Divorce Law Family Law Marriage Separation Law

Artist divorce case highlights sexism of the UK courts – and it’s not the women who are suffering

A stay-at-home father who was supported by his millionaire wife is appealing a court decision that would see him receive a £300,000 lump sum, as well as a long term £50,000 annual maintenance payment.

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Uncategorized

Gun Laws: Can You Fight Illegal Possession?

gun-laws-possessionIllegal possession of a gun comes with stiff penalties that can put you in quite a predicament. Depending upon where you live, the gun laws you have to adhere to vary as well as what penalties you face for illegal gun possession. While a defense attorney can help you when you are facing an illegal gun charge, you should know the laws for your state.

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Divorce Law Family Law Marriage

Lessons from Thiry: The important distinction between financial and litigation misconduct

Property tycoon Didier Thiry has been ordered to pay his ex-wife Alisa Thiry £17 million in a judgement issued by Sir Peter Singer. Due to Mr Thiry’s ill behaviour, which included him acting in a ‘financially predatory fashion’, as well as bombarding his ex-wife with communications throughout the proceedings, the judgement is riddled with references to Thiry’s misconduct. Indeed, Sir Singer described Mr Thiry as an ‘unprincipled rogue’ who had shown a ‘sadistic side to his personality’.

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Divorce Law Family Law Finance

Hohn divorce settlement secures the UK’s position as the divorce capital of the world

It has been an exciting few weeks in the world of divorce settlements. Less than a month after American Billionaire Harold Hamm was ordered to pay his ex-wife almost $1 billion, the UK’s largest divorce pay-out has hit the headlines as Mrs Justice Roberts ruled that Ms Cooper-Hohn is entitled to £337 million following her divorce from philanthropist Sir Chris Hohn.

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Children Divorce Law Family Law Finance Marriage Separation Law

Family Dispute Resolution Week: A Look at Mediation

Mediation will make the divorce process quicker, fairer and more empowering for both parties, says a family law expert at Manchester-based Kuits Solicitors today to mark the beginning of Family Dispute Resolution Week.

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Divorce Law Family Law Finance Marriage Separation Law

Billionaire Hamm’s is one of the biggest divorce settlements in history, but is it big enough?

American entrepreneur Harold Hamm, best known for his position as CEO of Continental Resources, has been ordered to pay his ex-wife, Sue Ann Hamm, $995.5 million in what has been referred to as one of the biggest divorce settlements in history. Although an enormous figure to most, it is only a fraction of Mr Hamm’s $14 billion empire and Sue Ann plans to appeal the decision on the grounds that it is inequitable. For this reason, the ruling invites an intriguing question – is the Oklahoma County Court’s decision reasonable compared to the conclusion that a court in England and Wales would have reached?

Note also you can see our new guide to some of the best divorce lawyers in the US here.

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Family Law Legal Aid

The Legal Aid Reforms – What do they mean for Family Law?

In basic terms, legal aid helps people gain legal advice or representation when they cannot afford it independently. The legal aid system here in the UK is said to be one of the most expensive in the world, spending £2 billion per year. With the recession and cuts being made across most sectors, it is not surprising that there have been reforms and further changes proposed to legal aid.

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Child Custody Children Divorce Law Family Law Separation Law

New Presumption of Parental Involvement: Is the law too concerned with appeasing the parent?

The welfare of the child has always been the fundamental consideration for courts dealing with child arrangements following a couple’s separation. The welfare checklist set out in S8 of the Children Act 1989 provides statutory guidance that requires certain factors to be considered. Amongst other things, the wishes and feelings of the child and the child’s needs are considered, so that the most appropriate arrangement is reached. Due to the subjective requirements of each child, extreme care must be taken to ensure that the specific needs of the child are met.

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Divorce Law Family Law

Steps to a stress free divorce

Divorce cases can seriously tug at the heartstrings of family solicitors but it can also be a very stress full process for all parties involved including the solicitor.

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Marriage Property issues

New online survey shows significant rise in popularity of Marital Property Agreements (MPAs)

With the Law Commission proposing that marital property agreements (MPAs), covering pre and post-nuptial agreements, should be legally binding only last month, it is a fitting time to publish the results of a survey that has been undertaken (by Alex Porter, who announced the statistics first in full here) which analysed the work of legal professionals involved with MPAs. This project is part of a major study led by Dr Laure Sauvé from the University of Essex, School of Law. Her project will analyse the latest report by the Law Commission using a comparative approach. She is currently exploring the differences between English and French laws.

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Domestic Violence

Putting an End to Domestic Violence: Uncovering Five Principle Causes

As a Chicago domestic violence lawyer, my first duty is providing all citizens with their Constitutional right to a fair trial, no matter what crime they have been accused of. I am also responsible for ensuring that those who are falsely accused are given back their freedom and their good name. However, I also see the pain of domestic violence – for the victims, the perpetrators, and those who are wrongly accused – and it has made me passionate about putting an end to the problem of domestic violence.

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Divorce Law

Spouse buying property in case of “marital separation in fact” (Spanish Law)

Spanish law query: Can one spouse buy and register a house in the case of a “marital separation in fact”?

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Divorce Law

Divorce: Making The Final Decision And Starting The Legal Process

It can be incredibly difficult to accept when any relationship finally breaks down, but when it is a marriage that has come to an end, it can be almost impossible to get your head around. What are the most common reasons for divorce? How do you know when it’s right to put a stop to your marriage? And when should you start legal proceedings? Here are a few brief tips to help you on your way during this difficult time.

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Divorce Law Family Law

What to Do Before You File for Divorce in Florida

We all know that divorce is a complicated, emotional and stressful process. Even the most amicable of divorces can still be a difficult matter. Before you file for a divorce in the state of Florida, there are a few things you are going to need to do to get prepared. These steps will help lessen the trauma for all parties involved, and ensure that everyone is treated fairly.

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Family Law Separation Law

The Need for Greater Family Law Court Judgements

Many family law hearings in the UK are held in secret, but more will be published in the future, says the court of protection. Unless there are extremely compelling reason not to, judges will give permission to make the hearing public. More details will emerge from sensitive domestic disputes, even if some of them are anonymised. These new regulations will begin on the 3rd of February. Sir James Munby is the main man who has been pushing for these reforms to the family court system.

This move will improve public understanding about the court process, and hopefully incur greater faith in the system. Public debates about famous cases – such as the pregnant lady who was forced to receive a caesarean – are often misinformed because the facts aren’t readily available. False reporting isn’t always the fault of the media, if they can’t access the details of the hearing. With greater transparency, public debates and articles will be better informed of all the facts. This will hopefully create a less biased account of events.

The Decision

There are two types of judgements: normally published cases and possibly publishable cases. These categories provide the framework in which a decision is made.

The judge will only publish the hearing if he or she deems that it’s in the public interest to do so. Families under protection, children, and vulnerable individuals that can’t usually make their own decisions, will obviously continue to benefit from anonymity. A judge will choose to keep a judgement or case secret, if this would breach any important anonymity. In many cases, the judge will decide what is appropriate for publication – he or she is not allowed to publish information at the request of a party or the media. The judge must decide that it’s within the public interest.

Is That All?

Exonerated parents or anonymous parties may wish to discuss their experience with the media; sometimes this is advantageous to the case, as it can bring forward more evidence or witnesses. Otherwise, there are strict rules about what the media can or can’t publish from the family courts. Journalists can attend hearings, but they need to obtain the court’s permission if they want to report the case.

There may be details which a journalist isn’t able to publish, due to the sensitivity of the details.

In the court of protection, the hearings are private – the media and the public aren’t allowed in. This is to safeguard the rights of vulnerable people who would suffer unduly if the contents of the case were made public. It seems like this will happen more rarely in the future, as the government is on an anti-privacy binge.

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Divorce Law Family Law Marriage Property issues

Division of Property in a Divorce: Is Equitable Distribution More Equitable?

division property usa divorce(US family law) One of the first things a couple in the process of divorce will need to know is if the state you live in is a community property state or an equitable distribution state. A community property state allows for all of the property acquired during the marriage to be, loosely speaking, divided in half. An equitable distribution state differs in that it aims to provide a fair and balanced approach based on many different facts about the marriage and both parties.

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Domestic Violence

How to Handle False Domestic Violence Charges

domestic violence lawyersDomestic violence is a serious issue and should never be discounted as anything else. However, not all of these charges are valid and actually false domestic violence accusations can be quite common, particularly in certain situations. If you are facing false charges of this type of offense, it can be confusing and maddening. However, there is a way to deal with it and ensure that you are not wrongfully accused and prosecuted for a crime you didn’t commit.

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Child Custody

Understanding the Benefits of the Amicable Resolution of Child Custody Disputes

child custody disputesIf you are a parent involved in a Florida marital dissolution, your relationship with your children typically will be a significant concern.  Depictions of toxic highly contested child custody disputes in popular movies and television shows can perpetrate the illusion that most child custody cases are bitterly contested.  However, many parents are able to navigate the challenging emotional issues that can interfere with parents’ communication during a divorce to achieve a mutually agreeable parenting plan.

When an amicable timeshare arrangement can be constructed based on reasonable negotiations of both parents, both the parents and kids generally will benefit.  While the benefit to kids of having their parents deal with one another in a positive cooperative fashion might be apparent, the parents also benefit because they will tend to arrive at more stable and acceptable parenting plan arrangements than a parenting plan imposed by a judge after highly contested litigation of custody issues.

While there are certainly custody cases that cannot be resolved amicably, we have provided an overview of benefits that can be derived from the amicable resolution of custody disputes:

  • Preservation of Financial Resources: When parties are involved a contested divorce, high conflict custody cases can be one of the most costly aspects of a divorce.  A child custody evaluator may need to be appointed with the cost of the custody evaluation paid by the parents.  If the parents cannot cooperate on simple parenting issues, the parties may be forced to return to court to handle matters that are often resolved informally between the parties and/or their Florida child custody attorneys without the need for a court hearing.  If the case is particularly egregious, the case may even require a full scale trial.
  • Lack of Finality: While the divorce process can be amicable, a marital dissolution is still a chapter in the lives of most that they would like to conclude.  If the judge is forced to impose a parenting plan, one or both parties may be extremely unsatisfied with the judgment.  This dissatisfaction may result in one or both party’s violating the terms of the judgment so that contempt proceedings are necessary to obtain compliance by the offending party.  Further, mutual discontent with the parenting plan also may make the parents more inclined to repeatedly return to court to seek modification of the terms of the custody and timeshare arrangements.  While a parent must be able to establish a substantial and material change in circumstances to justify an actual  change in the judgment, a parent may continue to file modification requests making it difficult for the parents’ to move on.
  • Positive Communication between Parents: When parents develop the ability to communicate and deal with each other effectively, this communication will permit the parties to more effectively communicate about issues concerning the kids and to coordinate their efforts when issues arise.  Parents who are able to communicate effectively can obtain reasonable adjustments in the parenting plan without the need for court intervention.
  • Minimizing Adverse Impact on Kids: While the divorce process is difficult for kids, it can be much easier when kids are shielded from animosity between their parents.  A wealth of studies have shown that children fair better when their parents deal with each other in an amicable and reasonable way than during bitterly contested custody cases.  While divorce may end marital status, it does not terminate the need to continue co-parenting so a functional co-parenting relationship can facilitate more effective parenting.

Because Florida child custody lawyers recognize the value of the amicable resolution of custody issues, they can help you navigate the emotional roadblocks that often derail the constructive negotiation of parenting plans when parties proceed without legal representation in custody cases.