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Divorce Law

Divorce In The Military – Armed Forces Pensions Explained

With the frequent separations and the stresses of life in the UK armed forces, it is no surprise that divorce rates for soldiers are much higher than those of civilian couples (double, in fact). Long deployments in foreign countries are cited as the main reason for many marriage issues and breakdowns, and even when a couple have decided to call it a day, there is still the stress of going through a lengthy divorce – especially if there are children involved. If you’re in the military and are going through a separation, there are several specialist military lawyers out there who can help you, but here is some brief information on what happens when it comes to a frequent issue with military divorce: that of forces pensions.

How Armed Forces Pensions Get Dealt With During Divorce

A pension – including a UK forces pension – is considered as an income stream, and there are several ways of dealing with them if you’re currently going through a divorce:

• Offsetting. One party will be compensated for the loss of the pension by receiving a bigger share of other available assets, such as their house – depending on the value of the pension and assets. Often this leads to a revaluation of the pension in an attempt to increase its value.

• Pension Sharing Order. In this case, part of the pension is taken and paid into a pension for the other spouse, with the rest of the contributions from the military personnel going solely to their pension.

• Pension Attachment Orders. This is where the spouse receives either a lump sum or a portion of the income directly from the pension administrators (once the pension is in payment).

 Getting Advice On Your Armed Forces Pension

If you need professional advice on what to do in terms of your armed forces pension, you will need to provide some specific information to your chosen solicitor or firm of lawyers (ensure that they have experience in military law and pensions in particular before you do this). First of all, you will need to provide the date you joined the pension scheme (armed forces pensions differ depending on when you started), and if you have changed your pension at any time during your career. You’ll also need to provide extra info if the pension is in payment: your CETV (Cash Equivalent Transfer Value) or CEB (Cash Equivalent Benefit). This will need to be requested from the scheme’s administrators, and it could take some time for the information to come through.

Seeking Help While Away From Home

A specialist solicitor with experience with military law will be able to advise you on what is the best option for you and your spouse concerning military pensions as well as any other aspect of divorce. Military divorce lawyers understand that you may be trying to initiate a divorce while in a foreign country, and therefore most will keep in contact with you via phone, email and even webcam if you are unable to meet in person. This can take a lot of the stress away from getting divorced, allowing you to get on with your military duties while the divorce is in progress. You can also get discounted rates from some firms if you are a current serving member of the armed forces.

Tim Bishop is senior partner of Bonallack and Bishop – specialist armed forces divorce solicitors with extensive experience of divorce  involving military pensions for forces personnel serving in the UK and overseas. For expert legal advice visit their specialist websites at http://militarydivorce.co.uk or http://www.armedforcesdivorce.co.uk  or call them on 01722 422300.

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Divorce Law

What We Can Learn From Celebrity Divorces

Celebrity DivorceThese days, it seems as if more and more couples are getting divorced. This is especially true when it comes to celebrities, whose marriages—and break-ups—are often front-page news. While some individuals believe that celebrities serve only as a form of entertainment, others suggest that couples may be able to learn something from their frequent divorces. In fact, celebrities may not only teach us how to keep a marriage stable, but also how to separate in a peaceful and respectful manner.

Communication is Crucial

If celebrities have taught us anything when it comes to maintaining a happy marriage, it is that communication is crucial. Proper communication not only helps individuals teach their partner about their wants and needs, but also assists when it comes to the development of stronger listening skills. Unfortunately, celebrities—and for that matter, non-celebrities—have the habit of demanding their desires, without considering those of their partner. Talking each and every day with one’s husband or wife is a must when it comes to managing expectations and maintaining a long and happy marriage together.

Take Your Time

There is no question that the prospect of getting married can be very exciting—especially when one believes that they are deeply in love with their partner. However, it seems as if many celebrities choose to “jump into” marriage before they have a strong understanding of the traits and personalities of their partner. Most marriage experts agree that men and women should take their time when it comes to getting to know their significant other before choosing to pursue a legal commitment. When it can be difficult to prolong the dating process, it may be crucial when it comes to avoiding divorce in the future.

Know When It’s Over

Despite the best efforts of many celebrities, some marriages simply weren’t made to last. And when a couple agrees that the end is near, they may also benefit by looking to celebrities for some tips and recommendations. While many celebrities do try to put on a good front for the sake of their fans and children, this may not be the best plan when it comes to the health of their family. In fact, the Huffington Post suggests that trying to keep a marriage together simply for the sake of children may actually do more harm than good in the long run.

Lawyers Aren’t All Bad

Finally, celebrity divorces have shown us that—despite their less than stellar reputation—many lawyers are not as bad as they are depicted. In fact, experts agree that having an experienced lawyer who is familiar with family law is crucial when it comes to surviving and thriving during the divorce process. Individuals who have never worked with a lawyer in the past may want to consider speaking with friends and family to identify a skilled and professional legal team. Interviewing a lawyer before making a financial commitment can be useful when it comes to finding the right professional for the job.

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Divorce Law

Who Gets the Diamonds? Divison of Assets

(U.S. Family Law and generally) Going through a divorce can be difficult enough emotionally, and the entire process can be exacerbated by the issues that often accompany the task of dividing assets. Because of this, many couples choose to utilize a prenuptial agreement to ensure that everyone is protected if the marriage is not successful. However, if you do not take this step, you might find yourself dealing with major arguments over specific pieces, especially expensive jewelry. Therefore, it is vital to have an experienced divorce attorney on your side to help you retain the items that mean the most to you.
How are Jewelry Items Divided?
Many women assume that they will automatically get to keep their jewelry when they go through a divorce. After all, the wedding ring was sized to fit their finger, and women typically care more about diamonds and other precious gems than men do. Because of this, it is possible that you might not take enough steps to protect yourself before all of your joint assets begin being divided.

It is important to remember that jewelry can have a very high monetary value, and this could cause your ex to request it as part of their end of the divorce settlement. In some cases, you might even find yourself having to make the difficult choice between a piece of jewelry and another item that you want to keep. Fortunately, a lawyer can help you debate your ex’s request for your jewelry, and they also have a firm understanding of how to make successful counter offers.
What about Family Heirlooms?
In a fully civilized society, it would be understood that family heirlooms should stay with the applicable party. For example, if you have been wearing a ring that has been part of your ex’s family for several generations, you should be prepared to give it back. However, many of the societal pleasantries that most people adhere to on a daily basis are thrown out the window during a contentious divorce. Therefore, you should never assume that you will simply receive all of your family heirlooms without needing to fight for them.
Because of this, it will be important to build a case based around the history of the piece and its sentimental value. After all, the other party will not have the same history with the piece, and this will make it less emotionally valuable to them. Sadly, this could end up being used against you in order to obtain other items unless you utilize a skilled lawyer to help you present your case.
In many cases, couples divide their assets in half, and this can cause complications due to the value of jewelry. In fact, if an item is not an heirloom, it might make more sense to let your ex keep it in favor of receiving a larger cash settlement. For example, if you are debating over a diamond ring, you can easily get something similar at a reduced price by shopping at an online diamond retailer such as www.superjeweler.com. As long as you keep this information to yourself, you might be able to end up with a new ring and some extra cash. However, if you are determined to keep all of your jewelry, you should also be prepared to give up some other items to keep the division of assets fair.
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Divorce Law

Bankruptcy: Watch out for the Marital Adjustment Deduction

divorce and bankruptcyWhen a person who is married decides to file for bankruptcy, the law permits him or her to do so alone, without requiring both spouses to file.  However, the non-filing spouse’s finances do play part in the filing spouse’s bankruptcy case.  The “means test,” including the “marital adjustment deduction” will be evaluated to determine whether or not the filing spouse qualifies for a Chapter 7 bankruptcy, or to determine the amount the filing spouse will have to pay unsecured creditors in a Chapter 13 bankruptcy.

The Means Test

Even though you may feel that the only way out of your dire financial situation is to file for bankruptcy, a Westchester county bankruptcy lawyer points out that under the strict rules of the bankruptcy code, you may not qualify for a Chapter 7 bankruptcy filing.  In a Chapter 7 bankruptcy,  the debtor essentially tells the court that he or she is unable to pay back any part of the debt owed to creditors.  In order to qualify, you must pass a “means test,” meaning that your disposable income must be below a certain level.  If you do not pass the means test, then under bankruptcy law you are presumed able to pay back at least a minimum amount of your debt, and you will not be permitted to proceed with a Chapter 7 bankruptcy.  As part of the means test the bankruptcy court will look at your last 6 months of income as well as your expenses.  Thus, even if you have a high income, if your expenses are also high, your may still qualify for a Chapter 7 bankruptcy.

If you are married, but separated and living in separate households, the income of your non-filing spouse will not be taken into consideration for the means test. However, if you are married, then your spouse’s income will be taken into consideration for the means test.  This could have a significant impact on the filing spouses’ Chapter 7 petition.  If the non-filing spouse’s income is too high, then you may not qualify for a Chapter 7 bankruptcy.  In this is so then the “marital adjustment deduction” may help.

The Marital Adjustment Deduction

As part of the means test, you are permitted to deduct expenses from your income.  The “Marital Adjustment Deduction” allows you to deduct any expenses that your spouse pays that are not normal household expenses.  These “other” expenses are known as “marital deduction expenses.”  Examples of marital deduction expenses can include credit card payments for accounts that are only in your spouses’ name, child support payment for your spouse’s child, business expenses, student loan payments, and payroll deductions.  The net result of using the marital adjustment deduction is that if significant, it may offset at least some of your spouse’s income that you had to include in the means test.  Thus, you may still be able to qualify for a Chapter 7 bankruptcy even though your spouse’s income is relatively high.

Alternative to Chapter 7

If after applying the marital adjustment deduction you still do not qualify for a Chapter 7 bankruptcy, you may be permitted to file under Chapter 13. While all of your debt will not be discharged, the total amount you repay your creditors will likely be significantly reduced and you will have 3-5 years to make the payments.   However, you will still have to disclose your spouse’s income and expenses, which may affect the total amount you have to repay your creditors.

The importance of Full Disclosure

Ultimately, both your complete financial picture and that of your spouse will likely be closely reviewed by the bankruptcy court to determine how the law will allow you to proceed with your bankruptcy.  Thus, it is important to be prepared with evidence backing up all claims regarding income and expenses, or risk having your case dismissed.  An even worse result would be having the bankruptcy court determine that you have committed or attempted to commit fraud.

Do you think it is fair that a non-filing spouse’s finances are considered when a married person files for bankruptcy?  What if throughout the marriage the couple’s finances remained largely separate?  Does this rule encourage spouses to legally separate or “pretend” to separate?

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Child Custody Child Support Divorce Law Family Law Finance Marriage Separation Law

How Military Divorce Differs from Regular Divorce

Military divorces are much like any other divorce. Two people decide they no longer want to be married, and go through the process of separating property, assets and determining child custody issues. However, the way these concerns are addressed, and the way things are separated between the two parties, requires a consideration of the military member’s lifestyle and benefits. Understanding how survivor benefits and military pensions are divided up, and how custody of children is determined, is important for both spouses considering divorce.

Child Custody

Many military marriages involve an active duty spouse and a civilian spouse. The lifestyle of these families adapts to the military world, with active duty personnel moving regularly for various deployments, and with the military spouse frequently away from home. Families that fit this description should be aware that the courts will rarely grant full custody to the active duty spouse.

When determining child custody, the courts always look out for the best interests of the child. It is understood that, while the active duty spouse is doing much for his or her country, the lifestyle is ill suited for raising children. Military families should assume that child custody will go to the non-active spouse, and this will likely include child support payments.

Division of Military Pensions

Active duty service members are entitled to a pension after 20 years of service. The courts answer the question how to divide up this pension in the case of divorce. Most military couples are aware that the non-military spouse is entitled to half of the pension after 10 years of marriage. However, not all are aware that this division is negotiable.

The couple can come to an agreement on the division of the pension in their own way. This includes if the marriage has been shorter than the standard 10 years, and it includes the possibility of a payout of less than 50 percent of the pension after the 10-year mark.

The 10-year and 50 percent standards are simply guidelines for the court to go on. The arguments presented by both divorce attorneys and the decision of the court can produce a number of different results. Each spouse may wind up with more, or less, than he or she was aiming for.

It should also be noted that only after ten years of marriage can the finance center pay the awarded portion of the pension to the spouse. If the non-military spouse wins some of the pension, but the marriage did not last for at least ten years, it is the responsibility of the retiree to make the payments to the ex-spouse.

Survivor Benefits

Some spouses make the mistake of assuming that the Survivor’s Benefit Plan (SBP) – the payout that happens upon the death of the military spouse – will still go them in the event of death. While the SBP can be awarded to the divorced spouse during the divorce proceedings, this is certainly not guaranteed.

If the ex-spouse is not awarded the SBP, then he or she will stop receiving pension payments in the event that the military member dies. This is something to remain aware of during divorce negotiations.

Military Divorce Lawyer

Spouses considering a military divorce should seek the help of an experienced military divorce lawyer. This will help ensure the best possible results from the divorce.

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Civil partnerships Cohabitation Law Divorce Law Family Law Marriage Pre-nuptial Agreements Property issues Separation Law

Family Law Property Issues in Australia

(Victorian & Australian Law. Click here for Top Family Lawyers in Australia)

In recent times, the jurisdiction of property disputes in Family Law has broadened. Traditionally, property was only divisible between married or divorced couples. De-facto and same sex partners are now able to apply for a property settlement, though under different law. In the absence of agreement between the parties, an application for the settlement of a property dispute is made to the court, to be decided on the basis of need.

The settlement reached becomes legally binding and enforceable by the courts. Here’s a rough guide to what usually happens in these situations…

Applications

Parties can make a property settlement by agreement or, if agreement cannot be reached, make an application to the court for a property settlement. Applications for the division of property after divorce can be made to the Family Court or to the Federal Magistrates Court where a property dispute is worth less than $700,000.

Only parties who are or were married can make an application for a property settlement under the Family Law Act 1975 (Cth). In the case of divorce, an application must be made within 12 months of receiving the decree absolute. De-facto and same sex partners can make an application under the Property Law Act 1958 (Vic) in the Supreme Court, County Court or Magistrates’ Court.

Once an application is made, the parties will be asked to attend a case conference, with the aim of settling the property dispute by agreement before it goes to court. Present at this conference will be the parties, any family lawyer involved and a court registrar. If this conference is unsuccessful, the parties will go to court.

Property disputes in de-facto and same sex relationships (domestic relationships) are dealt with under the Property Law Act 1958 (Vic). A domestic relationship is a relationship between two people (regardless of gender) who live together as a couple on a domestic basis but are not married. The domestic relationship must have existed for at least two years for an application for a property dispute to be made under Part 9 of the Property Law Act . If there are exceptional circumstances, for example children being born out of the relationship, this two-year period can be waived. The relationship must have ended after 8 November 2001 for Part 9 to apply.

Property

The type of property divisible in a property settlement includes assets, cash, real estate, investments, insurance policies and superannuation. Debts are also taken into account. In a domestic relationship, as governed by the Property Law Act , superannuation and retirement benefits are not included in a property settlement. In making an order for property settlement, the court calculates the total pool of assets of the parties.

The division of these assets is based on both contributions made by each of the parties to the asset pool and future needs. The contributions of the parties include non-financial contributions, which means a homemaker will not be disadvantaged in this assessment. Future needs takes into account who is responsible for the daily care of the children, earning capacity, age, health and the financial circumstances of any new relationship. The aim is to distribute the property fairly between the two parties.

If you believe your partner is going to dispose of assets before the total pool of assets is calculated you can obtain an injunction to stop the sale taking place. Bank accounts and proceeds from the sale of any assets that has already taken place can also be frozen.

Spousal Maintenance

A party can apply for ongoing spousal maintenance if they can prove they are unable to support themselves. This application must be made within 12 months of divorce. An application for spousal maintenance is often included with an application for property settlement so that all financial issues are dealt with at once.

Spousal maintenance cannot be applied for where a domestic relationship exists.

Enforcement

If an agreement is reached between the parties, they can apply to the court for consent orders. This will make the agreement enforceable by the courts in case of dispute. Consent orders, once made, are final. A party must prove fraud, impracticality or other exceptional circumstances if they wish the consent orders to be set aside or varied.

If a party is not complying with the orders made, an application can be made to the court for enforcement. In this application, the party applying must set out exactly what the problem is. The court will then decide whether an order is needed to enforce the existing order.

A family law property settlement is an important process to go through after the breakdown of a marriage or domestic relationship. A property dispute can be settled by agreement between the parties or resolved by the court. Each case is unique and will be considered by the court according to its own circumstances. The court will not consider who is at fault in the breakdown of a relationship. Rather, it will be resolved on the basis of fairness and need.

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Child Custody

Death of a Parent: What Happens to the Child?

Child custody is often a tricky subject. Two parents going at it over who will have custodial rights of their child can turn out badly, and the laws that will eventually lead to a judge’s decision are rather complex. Unfortunately, when a parent dies with legal custody of their child, the complexity related to these issues becomes even more daunting. This is why all parents should fully understand what their child may face in the event of a parent’s death.

One Parent still Alive

Many individuals believe that if one parent dies, the other parent automatically has custody. Well, this is true in some cases, but definitely not in all. If the two parents are married and share custody of their children, the surviving parent would obviously retain custodial guardianship over the child. If the parents are divorced, however, the waters can get a bit more murky.

The granting of legal custody to a surviving parent isn’t automatic if the two were divorced and only one had legal custody. Now, it’s important to note that judges are usually inclined to grant custody to the surviving parent, but they’ll definitely consider a few factors before doing this.

The factors considered are similar in many states. According to www.dgtucson.com divorce lawyers in Arizona, for instance, along with several other states, judges will consider the child’s wishes, any parental criminal activity, the relationship the parent has with the child and even whether or not the deceased parent stated in their will that they wanted a specific person to have custody. Regardless of what’s going on, the surviving parent, if divorced, will need to file a petition to modify custody.

Both Parents Deceased

If both parents are deceased, child custody becomes a whole other issue. As in most cases after a custodial parent’s death, a judge will grant temporary custody to someone seen as fit for raising the child. Unfortunately, if there are no surviving family members, such as grandparents, and the parents didn’t leave a will, the child could end up in foster care.

This is why it’s essential for parents to have a will stating who they’d like to care for their children in the event of their deaths. In many cases, the courts would decide upon having a child stay with other family members, but if a parent prefers to have a godparent or friend care for their child, they’ll need to have this in their will. This is also imperative if there are no other surviving family members.

In cases where both parents die and there are multiple parties seeking custody, such as a godparent and grandparents, an individual will need to file a petition for custody with the courts. This is basically the case in most situations involving the death of at least one custodial parent, and it would behoove a person to seek out a family law attorney to help in their quest for custody.

The death of a parent can be devastating for a child. Unfortunately, months following the tragedy can be just as difficult if a custodial plan wasn’t figured out before their death. Even in the presence of a will, however, child custody can be contested. According to the lawyers at www.dgtucson.com, family law may often seem straightforward, but it can be extremely complicated. There is no steadfast rule of law that will determine who gets custody every time. Judges are tasked with deciding what’s best for the welfare of the child, and in reality, this is usually a good thing.

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Children Divorce Law

Literature on Divorce for Older Children

divorce lawApproximately half of marriages, in the United States, end in divorce.  While not every married couple has children, it can be assumed that a large number of children are faced with their parents’ divorce each year.  When parents decide to divorce it is their responsibility, for the well-being of their child, to discuss the divorce with their child.  Many parents seek out additional resources, such as books, to make their discussion a bit easier or to answer questions that may be hard to answer on their own.  There is a plethora of books for younger children, specifically between the ages of 4 – 9, that are specifically written about divorce.  Many of the books are picture books with colorful illustrations concentrating on using simple concepts and a discussion of emotions.  Aside from “self-help” type of books, there are fewer books on divorce available for pre-teen and adolescent children.  While the needs of an older child are different from young children, a book addressing divorce can be helpful to an older reader.

Stereotypically, girls are most often classified as “readers”.  Much of the pre-teen and adolescent fiction and non-fiction literature discussing divorce has female protagonists or themes aimed at young women.  Parents of pre-teen and adolescent boys may need to search a bit more, but there are books with adolescent boys as the protagonists dealing with family issues like divorce.

Homesick, a 2012 release by Kate Klise, is a novel with a young male protagonist, appropriate for readers between 9 and 12 years old.  The main character, Benny, lives with his parents who have separated.  His mother has left the family and his father has hoarding issues.  Many readers may connect with Benny and the pressure and need to be responsible in his crumbling home life.  Reflected in a Kirkus Review, “Benny gets a job at the local radio station to scrape together money to pay the phone bill so he can stay in touch with his mother. She’s planning to get settled and return for him at the end of the school year, but Benny’s dad is spiraling downward fast.”

While Benny’s scenario may seem “too big to be true”, children of divorced parents may relate to Benny’s situation and his feelings.  Sometimes a story, bigger than their own, might make a child feel better about their own situation.

Children, of any age, may benefit from tools, such as literature, when dealing with divorce in their family.  Parents and children can connect through literature and gain a better understanding about divorce.  Literature can remind children, of any age, that divorce is not their fault, not their responsibility, and despite the situation, a parent’s love still remains before, during and after the divorce.

For more information about divorce please visit the website of Charles Ullman, a Cary, NC Divorce Lawyer at divorcelawnc.com.

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Adoption Child Custody Child Support Children Civil partnerships Cohabitation Law Divorce Law Family Law Marriage Property issues Separation Law

Florida Same Sex Separations and Collaborative Family Law

Though the U.S. Supreme Court recently struck down portions of the federal Defense of Marriage Act (“DOMA”), state DOMAs were not affected by the ruling.  This means that same sex couples cannot get legally married in states, such as Florida, that enacted a DOMA.

This also means that gay and lesbian couples cannot get divorced in many DOMA states and oftentimes do not have any legal remedy to separate.  If the domestic partners did not adopt each other’s children, even if both partners had been considered the parents of the children, then child custody, visitation, and child support laws usually will not apply.  Equitable distribution laws (laws related to division of marital assets and debts) do not apply, so separating property and liabilities can get real messy, real quick.  Further, alimony and spousal maintenance laws do not apply, so a partner who spent years homemaking and taking care of children may suddenly become destitute.  So what are separating same sex couples to do?

Domestic partners who are dissolving their relationship should seriously consider entering into a collaborative family law process.

Collaborative family law is a form of private dispute resolution that allows clients to enter into agreements and achieve results that could never be attained through a court process. Each client retains a separate attorney who advises and counsels the client and helps in the negotiating process.  A neutral facilitator, who is a mental health professional or mediator, helps the clients focus on their interests, such as the welfare of clients’ children, continued relationships with each other’s family members, or financial stability.  If there are substantial assets or debts or a business, a neutral accountant or financial planner will be brought in to educate the parties in finances, help fairly and cost-effectively divide property and liabilities, and, if requested, develop a budget for the clients’ future.

As you can see, collaborative family law is a holistic process that takes into account not only the legal, but also the emotional and financial needs of the clients.

The crux of collaborative family law is that the clients agree at the beginning that they will not seek to resolve their dispute through court battles, but rather they will come to a mutually agreeable settlement through this private process.  The clients, and their attorneys, enter into a participation agreement which disqualifies the attorneys from representing the clients in any contested court action.  This provides a safe space in collaborative meetings because each client knows that the other client’s attorney is not conducting opposition research and is committed solely to helping the clients reach a mutually acceptable agreement.  This allows clients to feel more comfortable offering and listening to potential solutions.

In truth, the disqualification clause has much more of an effect on heterosexual couples who are getting divorced, rather than homosexual couples who are separating.  This is because, as stated above, most DOMA state courts just do not have remedies that would properly address the clients’ concerns, and so attempts to fight it out in court will oftentimes be dismissed.

If you are experiencing a same sex separation, make sure to speak with an attorney who offers collaborative family law, and check to see whether the attorney has received collaborative law training that meets at least the minimum Basic Training standards of the International Academy of Collaborative Professionals.

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If you have questions regarding a Tampa Bay collaborative family law process, or you want to learn more about your Florida family law rights, schedule a consultation with The Law Firm of Adam B. Cordover, P.A., at (813) 443-0615 or fill out our contact form.

Adam B. Cordover currently serves as Research Chair of the Collaborative Family Law Council of Florida and Vice President of the Collaborative Divorce Institute of Tampa Bay.  Adam successfully spearheaded an effort of the Thirteenth Judicial Circuit of Florida to draft an administrative order safeguarding the principles of collaborative family law (just the fourth such administrative order in Florida) and has completed over 40 hours of basic and advanced collaborative family law continuing legal education credit.

 

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Divorce Law

Cutting The Cost Of Divorce

As legal aid all but disappears in England and Wales, do-it-yourself divorces and fixed-fee deals are becoming much more common, since mounting legal costs often add to the stress of a situation when two people decide to go their separate ways.

In April this year, legal aid for the 120,000 couples who divorce in a typical year has more or less disappeared in England and Wales, except in cases of proven domestic violence.  Some commentators are predicting a big increase in do-it yourself divorces and the changes have prompted the arrival of a raft of new fixed-fee legal deals that keep legal bills to a minimum.

There are several organisations that offer do-it-yourself deals, but it is important to remember that these services only work for uncontested actions. In an uncontested action, a divorce petition is relatively straightforward to draft. One side, the petitioner, cites grounds for divorce, such as two years’ separation, unreasonable behaviour, or adultery. Then, once the court fees are paid, a divorce is granted.

However if there are custody issues, significant assets including property, these quick fix services are probably not the best path to choose. Divorcing couples should remember that they have to budget for the unavoidable £385 court fees on top of whatever they pay to a legal provider.

About two-thirds of divorces involve a financial order to share assets, such as property and pensions. The split is usually agreed between the former partners or their lawyers. Relatively few go to a full court hearing where a judge imposes a settlement. But where they do, the costs can be very high: with bills for £15,000 for each side not being uncommon.

A number of law firms, such as Close Thornton Solicitors in Darlington, have launched fixed-fee deals.  A straight-forward divorce costs £650 +VAT for the petitioner and £125 + VAT for the respondent

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Children

UK family law and international child abduction

Marriage and divorce are both becoming increasingly international in nature meaning that children often have family origins in different countries. Combined with the fact that air travel has made travelling overseas far simpler, it is therefore unsurprising that the number of children being abducted to overseas jurisdictions has increased in recent years. The idea of your child being taken to another country without your permission is a horrible one but there are laws which can help.

In England and Wales, the law dictates that anyone who takes a child overseas without obtaining prior permission from those with legal custody of the child has committed a criminal offence. The Child Abduction Act 1984 only makes exceptions to this rule if a court order has been granted to take the child out of the country. Once the child is removed from their normal home country it is recognised internationally as abduction.

The consequences

When a child is abducted it causes enormous distress to the child as well as the parent who is left behind of course. Although the child may not initially appear to have been affected, it is likely that they will suffer emotional damage which may only manifest itself later on. For the child, losing contact with their other parent, language, culture and friends can also be very traumatic and can lead to anger issues, nervousness and depression.

The Hague Convention

As the problem of international child abduction grew throughout the 1900s, it became clear that some kind of international convention would be needed in order to tackle the problem. In 1980 the Hague Convention on the Civil Aspects of International Child Abduction was established and dictates that abducted children will be returned to their habitual country of residence if they have been taken without permission.

Every signatory state has an authority dedicated to handling correspondence related to international abduction cases and in the UK this is called the International Child Abduction and Contact Unit (ICACU). Parents who believe that their child has been abducted overseas can apply to the ICACU to get them back under the Hague Convention. So long as the application fulfils the necessary criteria, the ICACU will connect the applicant with a specialist child abduction solicitor. This solicitor will then be able to sort out the following:

• Applying for legal aid [despite the recent cuts to the legal aid budget, legal aid could be available to fund your lawyer’s costs if there has been a history of, or risk of, child abduction outside the UK ]

• Completing various pieces of paperwork and managing correspondence

• Compiling a convincing body of evidence

• Providing representation at court hearings

• Giving instructions to counsel

International child abduction cases are particularly complex due the fact that different jurisdictions are involved. It should also be noted that there are certain situations in which the abductors lawyers may successfully argue that the child should not be returned. For example, lawyers often use article 13 of the convention which dictates that the child need not be returned if doing so would endanger their physical or mental wellbeing to delay cases. This kind of tactic, combined with the fact that many nations have gender or cultural biases often negates the effectiveness of the Hague Convention.

Tim Bishop is senior partner of Bonallack and Bishop – family law solicitors with experience of handling international child abduction cases. Click here for more information if your child has been abducted, visit their specialist website at http://www.the-divorce-solicitors.co.uk or call them on 01722 422300.

 

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Divorce Law Family Law Marriage

The true cost of divorce in the UK

It is difficult to work out how to approach an article about the true cost of divorce in the UK.

For example, it would be possible to spend time discussing the emotional cost on both parties (as well as other people who might be affected, including any children), with this emotional cost generally increasing in line with the breakdown in trust and communication that is often associated with drawn-out legal disputes relating to a divorce.

It would also be possible to consider this from the perspective of the financial damage that is caused to a couple when they decide to separate, resulting in them needing to spread their assets and income much more widely in order to pay for 2 houses and separate lifestyles.

Each party to a divorce as also likely to have a view about how those assets and income that they consider to be their “own” ending up being shared with the other person, thus resulting in what they perceive to be an unfair cost. For example, any money from a recent inheritance might need to be shared with their spouse as well as part of their future income even after a divorce has been finalised.

Whilst all of the above issues are very important ones to examine when considering the true costs of a divorce, the aim of this article is to focus purely on the actual costs associated with the divorce process itself as I feel that these are often very unclear when the divorce process is started.

Part of the problem with addressing the issue of divorce costs is that in some ways this is similar to trying to establish the length of a piece of string as it is possible to spend anywhere from hundreds of pounds to tens of thousands of pounds on a divorce. To understand this, I will try to examine some typical scenarios for managing the divorce process:

1. DIY divorce

Whilst the removal of most forms of legal aid has essentially ended the possibility of a government-funded divorce, it is still possible to run the divorce process yourself. This will mean that the only costs associated with the divorce process are the court fee (which went up in July 2013) of £410, that now covers the full divorce process but that needs to be paid at the start of the process, and some minimal photocopying/postage costs. Whilst it is always advisable to consider whether independent legal advice would be appropriate, especially when there are children and complicated financial issues to discuss, there is no reason why someone who is comfortable with filling in forms and reading guidance notes should not consider a DIY divorce as an option if saving money is the priority and a very helpful government website can be found at https://www.gov.uk/divorce/overview

2. Online divorce websites

In recent years there has been an explosion in the number of companies offering to run the admin side of the divorce process via online websites, with some of these offering a divorce from as little as £37, although you will of course need to pay the £410 court fee and, if the divorce process does not go through as smoothly as hoped, you will then need to decide who to turn to for advice. Whilst I have had a number of clients who have used these websites with apparent success, this is only once the divorce process itself has been agreed in mediation, and it is important to consider whether you want to put something as important as a divorce in the hands of a faceless website rather than choosing to undertake a DIY divorce or instructing a solicitor to manage the divorce for you.

3. Fixed fee divorces

There has also been a growth in recent years in fixed fee divorces being offered by solicitors and it is likely that the competition in this area will become even fiercer in the coming years, thus leading to further reductions n the fixed fees. The advantage of these fixed fee arrangements is that you have some level of transparency with the fees involved but you will need to make sure that the £410 court fee has been included and check how the costs are likely to change if the divorce process is less straightforward than hoped e.g. if the other party defends the divorce or does not engage in the divorce process. If you choose carefully, then you should be able to find a suitable solicitor to process a straightforward divorce for somewhere between £1,000 and £1,500 including court fees.

4. Open ended divorce fees

When you instruct a solicitor to run the divorce process that is not on a fixed fee basis,  it is vitally important that you ask for clear guidance about costs and that you ask to be updated if it looks likely that the initial costs estimate will be exceeded. Failing to do this will leave you open to running up bills of thousands of pounds as your solicitor writes letters, makes phone calls and runs up additional costs at an alarmingly high rate, especially if there is any suggestion that the other party (0r their solicitor) is not in agreement with running the divorce process the way that your solicitor wants to run it. Ultimately, this could result in a contested divorce that costs each party tens of thousands of pounds,

Whilst the general examples above give a flavour of the choices that you have when considering a divorce and their respective costs, the big problem here is that all of these choices are designed purely to result in a divorce, thus meaning that there are often issues relating to the caring of any children that are unresolved.

Also, it needs to be understood that, unless a separate application is made for finances to be considered, you will not have resolved any issues relating to the finances, such as the ownership of the family home, the division of pensions and whether or not there should be future maintenance payments from one party to the other. Failing to address these issues at the time of divorce means that the window for one party to apply for a finance order remains open for many years and can lead to punishing legal bills in the future, not to mention the fact that it is likely that one or both parties will be in a financially vulnerable position without a court order to enforce any financial agreements that might have been reached either explicitly or implicitly.

It is therefore vitally important that you ensure that the finances (and children’s arrangements) are carefully considered during the divorce process and it is here that the true costs of divorce start to emerge. It is extremely difficult for the parties themselves to properly address the finances as the laws relating to finances are complex and there are many pitfalls to be avoided, with it being likely that the end result will either be one that is highly favourable to one party or one that damages the finances of both parties. It is also extremely difficult, if not impossible, for these issues to be dealt with by any online website or by any fixed fee package, as each situation will be unique, leaving just the option of open ended fees with solicitors and it is here where the true costs of divorce will become apparent. Some fortunate people who choose their solicitor carefully may receive all the advice and assistance that they need for a few thousand pounds each but there is a risk that the bills will exceed £10,000 per person and potentially go a lot higher, especially if any court intervention is required.

Of course, this is where family mediation can and should play its role. It should be possible for a suitably trained and experienced mediator to guide both parties through the divorce process (but with the parties completing their own paperwork or using one of the other options above once the divorce process has been agreed in mediation) and to, in the vast majority of cases, assist them to reach agreements about the children’s arrangements and the proposals for a full financial settlement, at a fraction of the cost that would be incurred between solicitors. It is likely that both parties will benefit from receiving some independent legal advice in parallel with the divorce process, as well as there being a need for any mediation proposals to be turned into legally binding agreements (or court orders) by a solicitor, but these legal costs should be comparatively very small.

Whilst each case is going to be different, from my experience it should be possible for all of the issues to be addressed properly within the mediation process for somewhere between £500 t0 £1,500 per person, with then just the court fees and some specific legal costs to add to this, giving a total cost of somewhere between £1,000 and £2,500 per person for the full process (but with there being additional costs involved if financial advisers or other experts are instructed during the process). As a mediator, I am aware that these costs are still significant for most people but I am also very aware of how much money will have been saved by both parties if they are able to reach agreements via the mediation process. I hope that this article goes some way to help others to become aware of the potential costs of divorce and to then enable them to make informed decisions about how to approach a possible divorce in the future without suffering from large legal bills or other unexpected and unnecessary costs.

Thank you for taking the time to read this post and I look forward to reading your comments.

 

Euan Davidson

Family mediator

Godalming Family Mediation

www.godalmingfamilymediation.co.uk

Categories
Finance

Legal Issues with Family Finances

Imagine the following scenario, you are the parents of three children, a boy age 17 and two girls, ages 9 and 12. You have been meaning to attend to certain legal and financial issues regarding your family such as establishing a last will and testament. You may feel secure if you and your spouse have life insurance through your employer that amounts to around $500,000 in death benefit when either of you die, and you named as beneficiary each of your children in equal amounts (per stirpes).

Here is a summary of the worst case scenario in the event that both you and your spouse predecease your children before they reach the age of majority (which is 18 in in the United States). Your assets will not automatically pass to your three children if they are under the age of majority at the time of both of your deaths. What is worse is because no individual was appointed guardian of the children, a court would appoint what is known as a guardian ad litem to represent the best interests of the children.

Issues Arising From the Death of a Parent with Minor Children
As you can see, failure to address the issue of a will while alive forces the hand of the state to take action and appoint an individual to look after your children. Questions will arise from this scenario about the financial status of the estate left behind by the demise of you and your spouse.

When the joint deaths occurred (and we will set aside for a moment the issue of who died first) and no will was left behind, you are said to have died intestate, or without a will or a set of written instructions that determine the disposition of your estate, guardianship of the children, and settlement of your affairs. This invokes the involvement of the probate court to fix these matters, a process which could take some time. Consider the size of your estate and how likely it may be to cause disputes among members of your surviving family (i.e. parents, siblings, grandparents, etc.).

Simultaneous Death or Death Caused by a Common Disaster
Now back to the issue of who dies first. Under what is known as the Uniform Simultaneous Death Act, insurance contracts have what is known as the common disaster clause. If you and your wife were involved in an accident that resulted in your deaths, the determination (in the absence of clear evidence to the contrary) would be that you predeceased your spouse, meaning the proceeds of the insurance would go to your estate, not hers. Regardless of the relationship you have with the children you are raising from another marriage or her children from another marriage, if she were the primary beneficiary the proceeds would pass to her at the time of death.

What Can Be Done?
There is a common myth that estate planning is something only for wealthy people and a will is not necessary if there are not a lot of assets to distribute. If you own a home, participate in a retirement savings account like a 401(k) plan, and have money in the bank, you need to protect those assets for your surviving children in the event that simultaneous deaths were to occur. The effort to plan for the protection of your children and their financial interests cannot take place if you and your spouse are no longer around to protect them.

This article was written by Robert Tritter, an aspiring lawyer who looks forward to helping you understand legal issues better. He recommends taking a look at the finance jobs with moneyjobs.com if you’re interested in a career in finance. Check out their website today and see how they can help you!

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Uncategorized

Teens and DUI: Which Parent’s Responsibility?

Teens and DUI: Which Parent’s Responsibility?

When a teen driver is involved in a DUI (driving under the influence) arrest or accident, it is automatically assumed that the parents are going to be financially responsible for their actions. While this is the case for most events, there is also the issue of divorced parents. If the teen has divorced parents, determining who is going to be financially and legally responsible for this event becomes a little more difficult.

If your teen has been charged with a DUI, deciding which parent is responsible as well as determining what can be done for your child may be a question that a law firm, like the Wilson Law Firm, could be hired to solve. Having a lawyer to assist in unraveling the legal aspects can help to relieve some stress so that you can better deal with the emotional turmoil that a DUI can cause.

Questions That Must Be Asked

• Who was caring for the teen at the time of the incident?
• Was the parent aware of the teen drinking?
• Was the other parent aware of the drinking?
• Who owned the car in which the drunk driving took place?
• Where was the teen heading to or coming from at the time of the arrest?
• Have there been other incidences involving alcohol and either parent?
• Who is deemed financially responsible for the teen’s actions according to the divorce decree?
• Who is financially supporting the teen? If both parents, who is considered the main guardian?

This is just a sampling of the questions that must be asked and answered to determine who is going to be responsible for the actions of the teen.

Because divorce and custody laws vary by state, the state in which you reside may have specific guidelines to determine the responsible party. However, as a whole, the main guardian is most likely to be held responsible for the actions of the teen unless it can be proven without a doubt that the actions of the other parent are what caused this event to happen.

DUI Punishment For Teens

The punishment for DUI convictions is also regulated on a state level. Each state has the right to establish its own guidelines. Overall, most states have severe punishments for underage DUI offenders, but it usually does not include jail time.

Underage offenders may be required to serve extensive community service and pay large fines. They will have their license revoked for a specific period of time. In some areas, they may even be required to retake the driver’s test at age 18 if they wish to have driving privileges as an adult.

If an accident resulted from underage drinking, the penalties may be even more severe. At this point, it is easy to assume that the teen will spend time in juvenile detention. Restitution may also be required to the victim that is above any payments received from the insurance company.

Parents, divorced or not, need to stress to their teens the importance of refraining from underage drinking and the terrible consequences of a DUI. Encouraging your teen to remain safe will not only protect them, and those around them, but it will also help protect each parent from being financially and legally liable for the actions of their teen should they get arrested or cause an accident while driving under the influence.

Melanie Fleury is the mom of a preteen and cannot begin to imagine the emotional and mental stress that a DUI would cause the family. She has found in researching situations where legal issues are faced by a family, that the Wilson Law Firm of Virginia helps clients to relieve the stress of trying to navigate the court system.

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Family Law Property issues

Business Owners: Who Will Take the Helm Once You’re Gone?

Succession Planning
Succession Planning

Running a business is a difficult task that often requires hard work and a great deal of planning. Often, it can take years—or even decades—to get a business off and ground and ensure its success. It should come as no surprise, then, that business owners who are successful want to maintain the quality of their organization by identifying a skilled successor. Working with a group of professionals can be crucial when it comes to effective succession planning for an experienced businessman or woman.

What is Succession Planning?

Understanding the basics of succession planning is crucial for those who really want to achieve success with this important task. As one might guess from the name, success planning occurs when a business owner pinpoints one or more individuals who will take control of the company in question, pending the retirement, incapacitation, or death of the owner. Succession planning is not only important for the mentality of employees, but also ensures that the organization will continue to run smoothly as it changes hands. While it can be tempting to wait until the later years of life to consider succession planning, starting early is generally considered to be a better option.

Choosing a Successor

Choosing a successor is often considered to be the first step when it comes to effective succession planning. According to Forbes, a family member is not always the best choice when it comes to handing over the business. Similarly, just because one individual has served as “second in command” for the last few years does not mean that he or she has what it takes to actually run the organization successfully. Instead, business owners should carefully identify their current staff and determine who has what it takes to successfully steer the company in its desired direction in the future.

Serving as a Mentor

While choosing a successor is the first step of succession planning, it is far from the last. In fact, once a successor has been chosen, the hard part has just begun! To ensure optimal results in the success of the business, current owners should serve as a “mentor” to the individual or individuals who have been slated to take over the company down the line. Providing day-to-day tips—as well as long-term recommendations and instructions—can be effective when it comes to ensuring a smooth transition.

Obtaining Assistance in Success Planning

Running a business on one’s own can be difficult, if not all-out impossible. Similarly, business owners often require a great deal of assistance from other professionals when it comes to the challenging task of creating a succession plan for the future. Current business owners should work with a legal team, accountants, and even human resource professionals to maximize their efforts when it comes to this daunting activity. Consultation with other businessmen and women may also prove to be beneficial when it comes to deciding just what route to take with long-term business succession planning.

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Family Law Property issues Uncategorized

How to Identify Police Misconduct

police brutalityPolice officers play an important role in our world. These professionals not only provide support and assistance during times of emergency, but also help to keep the community safe for all who live within it. While most police officers take their roles quite seriously, some have been known to participate in inappropriate behavior—often referred to as police misconduct. Understanding how to identify police misconduct is crucial for those who want to maintain their rights, while still staying within the good graces of law enforcement professionals.

 

Police Brutality

According to the US Department of Justice, police brutality is one of the most common signs that misconduct is taking place. Except for the in the most severe cases, police have even training and tools at their fingertips to complete their jobs without depending on brute strength. It is important to note that while police brutality is most commonly thought of as physical aggressive, verbal threats and sexual abuse may also fall under this category. Those who have experienced these events are likely the victim of police misconduct, and should report the behavior as soon as possible.

Selective Enforcement

Selective enforcement is another common signs of police misconduct. As suggested by the name, selective enforcement occurs when a police officer does not enforce certain laws or regulations when they are intimately connected with the person or person accused of committing the violation. The most common example of selective enforcement usually occurs in regards to traffic law—for example, a police officer chooses not to issue a citation to a friend or family member that he or she has pulled over for speeding. While it may be highly tempting to simply let these individuals off with a warning, it is actually a serious case of police misconduct.

 

Lying Under Oath

There are a number of police rights that are enforced in courtrooms and other law enforcement arenas around the world. However, these rights are only maintained in cases where the officer “plays by the rules” and maintain professionalism within the role that they have been given. Unfortunately, this is not always the case—in fact, some officers go so far as to lie under oath, in order to get the final outcome that they desire. As with the other factors described so far in this article, lying under oath is a serious sign of police misconduct, which should not be taken lightly.

 

Using Drugs/Alcohol While on Duty

As one might guess, police officers that use drugs or alcohol while on duty are also likely practicing police misconduct. Any officer of the law is expected to be clean and sober, as they may have to respond to a dangerous event at any given moment. Officers who have been found to be using drugs or alcohol while on the job may be placed on probation for an extended period of time. Regular blood and urine tests may be required if and when their role as a police officer is reinstated.

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Executry & Probate Family Law Finance Property issues

Six common reasons to contest a will

The number of families contesting wills has risen dramatically since the recession. In 2008 some law firms estimated that the amount of wills being contested in court had doubled, or even tripled, in the UK. Studies indicate they have continued to soar since then.

A high proportion of these court cases are caused by incidents which are entirely preventable, meaning thousands of pounds worth of money is being wasted on legal costs every year. Let’s explore some of the main reasons why people decide to contest a will.

Wills are ‘unfair’

The main cause of a will being contested in the UK is that a family member believes that it is unfair on them. When writing their will, some people believe they have the right so spread their money however they like, but that’s not necessarily true. Family members do have a legal right to contest a will if they have not been allotted what they deserve. If the deceased leaves one son out of their will, whilst keeping all their brothers and sisters in, this could legally be deemed unfair.

Lack of mental capacity

Wills can be contested if it is believed that the testator lacked the mental capacity to write a sensible will. If it can be proved that the testator lacked the capacity to understand how much property they owned, the identity of their loved ones or the basic logic behind what a will is then a will could be contested. This type of contest would typically occur if the testator had a mental illness when writing their will.

Duress

If it can be proved that the testator was forced or blackmailed into executing their will a certain way, it can be contested.

Fraud

If the testator was deceived into writing their will a certain way, this could be judged as probate fraud. In this case, there are two main types of deception. The first of these is fraud in the execution, such as making the testator believe they are signing something other than a will. The second type is fraud in the inducement, which could involve deliberately mis-leading the testator in order to change their course of action.

Disputed ownership

If the deceased appears to be giving away something that doesn’t actually belong to them, then this represents strong grounds for appeal.

Incorrectly drafted will

A will can be contested if it is believed that an accidental error was made. This contest might come in the form of a lawsuit against the person who drafted the will. It can be hard to prove though. If the wronged person was left out of the will altogether is not a family member and was left out of their will altogether, they have no grounds for appeal.

The common theme linking all six of these scenarios is that the odds of them occurring are significantly reduced when the testator hires a professional will writing service. These services are staffed with experts on probate law and will can offer advice that can prevent wills being appealed against once you die.

The small fee paid to the professional will writer could save a family thousands of pounds in legal costs later on down the line.

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Family Law

Family Law: A Brief Introduction

Family law is an important area of the law that developed somewhat separately and specially in order to handle the complex, complicated relationships within families. After all, the law is often a strict, black and white creature that wasn’t quite built to deal with the gray areas that many families who come to the law encounter.

So, let’s take a closer look at some common areas of family law in what will be a brief introduction to it, helping out both budding lawyers and families in need of legal services.

Common Areas of Family Law

Marriage — Marriage is a common area of family law. Getting married isn’t really all about the dress or the reception. There is also a lot of paperwork that is required, especially for women who often have to change their last name to their husband’s.

In addition, getting married also means having to consider legal measures, such as a prenuptial agreement, which is a contract entered into prior to getting married and ensures who will get what in case the marriage doesn’t work out, and the married couple decides to get a divorce.

Divorce — So, divorce is also common area of family law. Divorces can get messy, and so can the issues and problems that their lawyers have to deal with, which often goes beyond paperwork. For this reason, many couple going through a divorce are encouraged to attend therapy.

Child Custody — And, what about the kids who often get wrapped up in a divorce? They are also encouraged to attend therapy, but it might not help with the fact that they will suddenly only be able to see one parent. After all, most divorce cases end with one parent being granted child custody, while the other parent is forced to see their child on the weekends if at all.

Child Support — However, when divorce occurs and sometimes when it doesn’t because the parties aren’t married and have had a child outside of wedlock, a party can still be forced by the law to take care of their child. This may not include weekend visits, but it can include child support, or payments to help support the child.

Wills and Estates — Finally, wills and estates are often a part of property law, but they can become entwined with family law, especially if family disputes are occurring over an inheritance.

Jennifer Machie writes for Colley & Colley, LLP.

Categories
Family Law

Family Law Disputes After Attack on Reforms

Lord Justice Ryder’s call for Social Workers to be present in family law court cases to provide witness evidence has been attacked by a leading family expert.

Doctor Judith Freedman, Head of Consortium of Expert Witnesses stated;

‘I have nothing against the role of social worked, I wish that social workers were able to the work better.’

Dr Judith Freedman went onto claim that social workers are trained to deal with family situations but are not trained in mental health assessments and disagreed with Sir James Munby, president of the family division who claimed that social workers are the new experts in family law situations.

‘I just hope that when the president, Lord Justice Ryder and Mr Douglas go to hospital to have an operation, they can look forward to being operated on by social workers.’

She said that her 600 members have been confused by the mixed messages given by Lord Justice Ryder regarding the reforms announced last year.

Last year government plans were to weed out incompetent psychologists and other family experts in order to save time and money after 65% of expert reports were  deemed as poor quality.

Lib Dem MP John Hemming, who campaigns for family law reform, last year said that he “welcomed” the move after explaining that some experts are responsible for life-changing decisions without the back up of social witnesses.

He told MPs that “The idea that psychologists can come to conclusions about people and their merits as parents without even seeing them is an absurdity.”

Experts can play a serious role in family law court cases regarding whether parents are fit to care for their children of whether their psychological problems are treatable. However 20% of psychologists used as experts in family court cases are not deemed as qualified.

Family solicitors in Kent and solicitors Maidstone are qualified to provide professional advice and information on all types of Family Law cases and news. Solicitors specialising in Family Law need to stay alert for the latest Family Law News in order to keep clients up to date.

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Family Law

5 Wrongful Death Myths Busted!

If a close family member dies and you believe that a person or entity is directly responsible for his death, you can bring a wrongful death lawsuit. Now the problem here is that not many people are aware about what constitutes a wrongful death claim. They don’t know what they are all about, the kind of compensation one can claim, who to sue etc. Some of these people believe the many myths that go around these claims and they choose to believe the myths that suit them and ignore the others. But a wrongful death claim is a legal case and if you believe even one of the many myths going around, then your claim will fall apart.

You don’t want that to happen do you? So take a good hard look at 5 myths about these claims that we have busted in this article:

1. Myth: A wrongful death claim can be filed at anytime

Truth: There are people who are under the impression they can take their own sweet time for filing this claim. But the truth is there is specific time limit within which this case needs to be filed. This time limit is typically between 1-3 years, but in a state like North Carolina you have just two years within which to file your claim. If you don’t file a claim within the time limit as decreed by the statute of limitations, you won’t be able to recover any damages.

2. Myth: You can even make a claim if death occurs long after Injury

Nothing can be farther from the truth. If the family member has suffered an injury and dies from it after a certain period of time and we are talking many years later, you can’t file a wrongful death claim. The fact that he suffered from an injury and he didn’t immediately die from the injury means you can only file a personal injury claim. So it’s the personal injury statutes of limitations that will determine the merits and demerits of the particular case.

3. Myth: Anybody can sue for wrongful death

Truth: If you are an immediate family member like the spouse, child, adopted child, etc., you can recover damages under the wrongful death action. This remains true across all states. But in some states, even life partners and financial dependents have right of recovery. Then there are some states who allow even distant family members like brothers, sisters and grandparents to file wrongful death claims. And in some special cases, people who aren’t related by blood or marriage to the victim can file wrongful death claims if they have suffered financially from the death. Therefore the myth that just any Tom, Dick and Harry can bring a wrongful death action must be busted to bits.

4. Myth: You don’t require expert help to get an appropriate settlement amount

Truth: Some people have this blind belief in the insurance company adjuster and think that he will help them get their hands on the amount that they are entitled to. This belief sometimes costs them big, because they don’t realize that the adjuster’s job is to not just to protect their interests, but also that of the company. And the insurance company wants to get away with paying as little amount as possible to the claimant. This is why you need expert help in the form of an attorney specializing in handling wrongful death claims. If you are filing a wrongful death claim, you don’t want to be taking a wrong step and forfeit a substantial payout. This is why expert help is necessary.

5. Myth: Wrongful Death Claims only Relates to Medical Malpractice

Truth: Agreed, wrongful death caused by medical malpractice form a huge portion of the wrongful death claims filed, but these claims are not just related to medical malpractice alone. They can also include fatal car accidents or even the negligence of companies, individuals or even government agencies that leads to the death of a person.

The idea behind listing out and busting these 5 myths is to make sure that people don’t believe the wrong things while filing their claim. It’s important to get a very clear idea about the legalities of any claim that you want to file to make sure that the claim is settled appropriately.