Categories
Divorce Law

Exploring mediation – you don’t have to endure an ugly separation

If you’ve decided that divorce is the only way forward for your relationship, but are struggling to convince your partner/ex-partner to feel the same way, don’t panic – it doesn’t mean you have to endure a really ugly separation. You’ve probably already consulted with one of the divorce lawyers Farnham, Glasgow or wherever you live has to offer… why not talk to them about undergoing mediation of some kind?

Mediation sounds as if it might be scary, but it’s really not. It can do wonders for couples who perhaps aren’t entering into divorce with the same views; maybe one person doesn’t want to split up, or is determined to make the process as difficult as possible. At best, allowing a neutral body to help you air your views could help persuade the other person that this is the best route forward. At worst, it could at least make the process of splitting assets and custody of children a little easier.

So, what else do you need to know about mediation?

The mediator
Typically, the person assigned to mediate your case will be a trained, non-biased negotiator; an expert in viewing the facts and helping you both find the best route forward. He or she will know the full details of each person’s case and their feelings, but will have no strong leaning towards either party. If there are financial details to be worked out, they will have full access to those too; helping them help you find a path that keeps you both financially stable – as far as possible, anyway.

Mediators can also help both sides see the benefit of opting for a fair, well-thought-through custody agreement; explaining that it’s about what’s best for the children, ultimately. They are experts in tackling commonly-held arguments, such as: “Well, I brought them up whilst you went out and worked…”, or “Well, I’ve paid all of the bills for the last decade…”; something which can prove invaluable during such a painful process.

Will it work for me?
If you’re struggling through a difficult divorce, it’s probably a good idea to enter into mediation. It will help you both reach mutually-agreeable terms; something which sending lawyers’ letters back and forth can’t always promise. Dealing with each other through your legal representatives can cause anger and resentment; feelings which will only made the process a lot harder. Instead, mediation forces you both to sit in the same room and hash out any problems. Often, you’ll find that it’s a lot harder to sound off or get really angry when you’re sat in front of each other. You may be able to approach the situation with a clearer head; especially when you feel supported by your mediator.

Is it confidential?
Anything said in front of your partner/ex-partner and the mediator is entirely confidential. The mediator is not at liberty to pass on any information to a third party legal representative unless you give them strict permission to do so. What’s more, anything you say in the presence of your mediator cannot be used in court as evidence against one party. There’s only one real exception to this rule: if the mediator believes either of you or any of your children are in danger as a result of any anger you may feel, then they may deem it necessary to stop proceedings and inform the appropriate body (i.e. the police).

Categories
Executry & Probate

The Importance Of A Power of Attorney For An Elder

Having a power of attorney does not give peace of mind to the elders, but also their caretakers. A power of attorney signifies that a trusted person is empowered to decide about important matters such as finances or health care on the elder’s behalf. If the person no longer has the ability to make sound decisions him- or herself, having such powers in place can be priceless. Today we explore two powers of attorney: to handle financial matters and oversee medical care.

Financial power of attorney

This document is called a “durable power of attorney for finances.” It provides a financial power of attorney. When this is in place, it provides the other party full authority to make financial decisions on the other person’s behalf. In this situation, the appointed person is traditionally called the “attorney-in-fact,” or “agent.” The person can handle routine tasks such as depositing Social Security checks or sorting through mail, but may also be responsible for complex tasks such as filing tax returns or watching over retirement accounts. The person does not have to be considered a financial expert, the most important aspect is that he or she has a good dose of common sense and is completely trustworthy. If needed, it is possible to complete difficult tasks by hiring professional third parties.

Medical power of attorney

This document is often called a “durable power of attorney for health care.” If the elder no longer wishes to make or is unable to make health care decisions, this trusted person is allowed to do so. Depending on the state of residence, the representative will be labeled as a health care surrogate, health care proxy, attorney-in-fact, agent, or something similar. This person works with health care providers to ensure that the elderly person receives the type of care they want. When the agent is arranging care, he or she is legally bound to follow the treatment preferences of the elder in so far as he or she knows what these preferences are.

If it is too late to plan

If you are struggling with a person who is already incapacitated, the process becomes a bit more difficult. You will have to ask the courts to name a conservator or guardian to watch over that person’s affairs. Oftentimes the court will appoint very close family members or a spouse to this position – of course carefully taking into consideration any and all evidence of what the incapacitated person might have wanted. It makes the process more difficult, but can still be arranged.

Approaching the situation

Especially if you see your parents struggle with certain decisions, it is only natural that you feel inclined to ‘take the reigns’ and help them as much as you can. However, it is important to remember that you are legally unable to, and morally should not want to, strong-arm someone into making a decision they are not comfortable with. If the worst-case scenario comes along and you have to ask the court to provide you with control over the elder’s affairs, just remember that this is always preferable to being charged with forgery or fraud later on.

Jonathan Rosenfeld is a nursing home abuse attorney and founder of Rosenfeld Injury Lawyers. Much of Jonathan’s law practice involves prosecuting cases where elderly have been injured or neglected during their stay at a skilled nursing facility. Jonathan also has a blog on the topic, where he discussed new developments in this growing body of law www.nursinghomesabuseblog.com

Categories
Divorce Law

Weston-Super-Mare a divorce hotspot

Weston-Super-Mare has been named as divorce ‘hotspot’ in England and Wales. This comes from figures from the Ministry of Justice (MoJ), which show that 2,447 divorce petitions were recorded in the town for 80,000 people in 2012.

These figures were released to inform couples of new public-funded mediation services, as they can use these to settle outside of court and pay a lot less as well as a much quicker process.

Mediation is a much simpler process for settling financial disputes as well as arranging time with children, with costs for mediation on average £500 compared to £4,000 for settling through courts.  Mediation cases normally take around 110 days but settling in court will take on average 435 days.

There are many reasons for arguments causing breakdowns in relationships, with money being the biggest and with the economic decline many are struggling, which are showing in their relationships.

Mediation services use an independent, qualified third-party to help couples arrange their financial assets and arrange child contact, so there is no need to visit a court.

Leanne is the author, a digital marketer researching divorce solicitors Kent and the family law industry.

Categories
Children

Judges “Should Talk to Children” Before They Make Decisions on Care

(Guest post from family lawyers in England) MPs have started to call for a change in how the courts decide about which children should be going into care, the Observer has reported. Various Members of Parliament have warned that judges tend to have little experience in matters regarding family law, and instead rely almost solely on the evidence given to them by social workers.

According to the report from the Child Protection All Party Parliamentary Group (CPAPPG) – a group made up of child protection experts as well as MPs – the majority of the children who do end up in care never speak to the judge who decides to take them from their families.

A Call for Reform

The group has suggested that the recently introduced Children and Families Bill will not do enough to ease the problems in the child protection system, a system which is currently already faltering under its massive workload.

The CPAPPG want judges to ask children whether or not they would like to talk to them, to voice any concerns or to make known any information which might be left out or overlooked by a social worker, before they make their final decision on care.

The group has also called for a greater number of judges who have more experience in family law, as a large number of those involved in care decisions have little to no knowledge of the workings of the system, instead relying entirely on the evidence produced by overworked social workers, who have themselves said they felt “under huge pressure” in such cases, as well as feeling “intimidated by judges”.

Expressed Concerns

The CPAPPG expressed its concerns that the voices of those children who end up being taken into care are not being taken into consideration nearly enough and that these children felt let down by the legal system or their court rulings.

They expressed a desire for all judges presiding over care order cases to ensure that they speak to the children involved before making a ruling, in order to understand the wishes of said children and to make a better, more informed decision in the long run.

There are a large number of family law solicitors, such as those featured on www.switalskisfamilylaw.co.uk, but not enough family law judges, claimed the group. They want the government to make sure that any judge to preside over family court cases is a specialist in the area of family law, especially since the recent increase in workload.

Baby P

Since the shocking case of Baby P, in which the social care system failed drastically, more and more experts in child protection have taken a more proactive, interventionist approach to their work, and this has led to further strain on the system.

Last year, the number of children in care was up 13% on the previous 12 month period, and it was reported that some independent review officers had worked on around 200 cases in that year – much higher than the recommended 50-70! It is for these reasons as well that the CPAPPG are crying out for change.

Categories
Divorce Law

What rights do grandparents have in divorce?

Parents’ rights in a divorce are discussed widely and regularly in family law, as you would expect. Grandparents rights, however, are talked about much less frequently. This is despite the fact that grandparents are often just as eager to see their grandchildren as parents are to see their children.

When parents separate grandparents can go from being part of a solid family unit in which they can see their grandchildren regularly, to people on the periphery of a broken family where there are no guarantees of visitation. Grandparents can find themselves out in the cold, even denied access to their grandchildren.

So what rights do grandparents have in divorce?

The truth is that, unfortunately, grandparents have very few rights when it comes to seeing their grandchildren. This sad truth is often very upsetting for people who want to see their beloved grandkids, but can’t, perhaps after an acrimonious divorce or separation.

What can you do if you are an estranged grandparent?

Don’t play the blame game – You may naturally want to side with your son or daughter when they separate, but maintaining a civil relationship with their ex is wise so that they are less likely to deny you access to your grandchildren.

Talk it through – The most successful post-separation relationships occur when families make a plan for visitation that everyone is happy with. Remind the ex-in-law that you are willing to take on childcare duties and that your grandchildren enjoy spending time with you. Remain calm as much as possible in these discussions as emotions are sure to be fraught.

Avoid the courts – Court action is usually expensive and cases can become drawn out, prolonging stresses within the family and making relationships worse.

Be realistic – You have to accept that your grandchildren’s time will be split between parents, other grandparents and extended family after a divorce or separation. You may therefore not see them quite as often as before the split, but this doesn’t mean that you can’t still have a great and meaningful relationship with them as they grow up.

Seek help if necessary – If you have done everything you reasonably can and you are still being denied access to your grandchildren, you can seek legal advice from a family lawyer. The aim should be to find an amicable solution outside of the courts.

Author bio: Sam Butterworth writes for Stowe Family Law, the UK’s largest specialist law firm, run by senior partner and TV legal expert Marilyn Stowe.

Categories
Facebook

“FRAPED!” – Is it a grounds for divorce?

“Fraped”. Adj. the act of posting on someone else’s ‘Facebook’ page, often as a result of leaving your profile open or poor password protection

It’s been going on for ever. Childhood sweethearts reunited after many years apart rekindle an old relationship and cause pain and upset to their current partners, possibly leading to a separation or divorce. In the late 1990’s this issue became more prevalent in divorce cases with the advent of early social networking sites such as “Friends Reunited”. Dwarfed now by Twitter and Facebook, the involvement of social networking has been cited increasingly in divorce cases. Some recent surveys in US and UK show that Facebook is now referred to in some way in between a quarter and a third of cases.

Keep it private

It isn’t always old flames that cause problems on Facebook. Flirting with new friends and strangers on your laptop or handheld can cause ructions in relationships especially if your activity is not as private as you thought it might be. Failing to log out of your profile leaves it open for snooping and for others to post on your behalf. Known as “fraping”, this activity can be innocent and fun or dangerous and offensive.  Many examples of exposing the misdemeanours of others exist online. These are normally easy to spot but beware the imposter who can easily post on your behalf.

The exposure of a partners fling or unreasonable behaviour – proper grounds for divorce – are increasingly taking place online. This practice is also rife on twitter where revelations involving celebrities activities have been the subject of debate for some time.

But my password is safe, isn’t it?

Taking good care of protecting your profile is one thing. But how safe is the information that you store? A judge in America recently ordered that a divorcing couple hand over their facebook passwords to each other’s lawyers as it was believed that the profiles contained information that was essential to the case. The injunction included an obligation on the spouses not to post on their former partners page. Despite contravening facebook’s own privacy policy, this sets an interesting precedent adding a whole new dimension to evidence gathering in divorce cases.

Don’t want to get caught. Don’t do it!

Controlling the flow of information is almost impossible in the instant messaging, micro blogging, always connected world that we now inhabit. The only way to stop your facebook page from being used against you in a divorce court is not to do it in the first place. If you don’t want to get caught with your trousers down don’t post it on your facebook page.

If you’re going to share any information on your facebook page, please do share this!

Categories
Divorce Law

Solve Your Divorce Issues by Choosing the Best Family Lawyer

Divorce and other family issues can get very frustrating and messy. Whether you are going through an uncontested or contested divorce, some matters will arise that will need an expert to resolve them. Some couples may consider representing themselves during the divorce proceedings, but the presence and services of a family lawyer can significantly reduce the stress and problems that might occur during the procedure.

Family lawyers can not only represent you in the court but also provide legal assistance and advice to both parties in order to settle divorce issues. Simply put, the services of a family lawyer can help ensure that all decisions pertaining to the divorce are made properly and with the acceptance of both parties.  Here are some ways in which family lawyers help:

Providing legal advice on annulments and divorce

A family lawyer can offer legal advice and explanations of the circumstances under which a couple may seek divorce after a separation. Some states have laws that require for the filing of annulment under certain situations and within a certain period of time after the marriage, and a family lawyer’s advice and services are needed to understand and follow these laws.

Making all the courthouse presentations and filings

There are various laws at federal, state, and municipal levels regarding divorce proceedings and filings, and a family lawyer can ensure that the necessary pleadings and documents are filed properly. They can also represent you in court and put in favorable light through beneficial evidence and testimony, as well as prevent your spouse from presenting irrelevant, false, or misleading information.

Assistance during property division proceedings

It helps to maintain separate debts and accounts as some amount of protection during a divorce, but it is not enough. There are several federal and state laws that define marital property and the separation of this property, and your family lawyer can not only explain these laws but also tell you how it applies to your particular situation.

Helping through child custody and visitation proceedings

Child custody and visitation issues are determined by the various laws and procedures in various states, and family lawyers can explain the procedure in your state, what the laws are, and what your parenting rights are after entering a court order.

Guiding you through child support issues

Once again, the rules and procedures for determining the child support obligations of the non-custodial parent can vary with each state. Your family lawyer can advise about the procedure in your state and the calculations used to determine child support obligations. He or she can also explain the additions and deductions that can be expected to your child support obligation.

About the author: Guest post from a family law blogger – find services of a family lawyer here

Categories
Child Support

A Closer Look at Child Support Today

(U. S. Family Law and generally) Child support is an important aspect of the legal system, especially when a couple separates or divorces. After all, it is during these time periods that emotions tend to run extremely high, and that can cause one or both of the parents to shirk their parental responsibilities in lieu of getting a so-called revenge against their former partner or spouse. Therefore, it is necessary for the legal system to impose specific guidelines that determine how much child support must be paid on a monthly basis and which parent is responsible for paying it to ensure that the child’s needs are taken care of.

Abuse of the Child Support System

Unfortunately, not every parent who receives child support utilizes it in an appropriate way. For example, some parents will take the bulk of the money and use it on themselves. When this happens, the child is often left with only the most basic food and a lack of proper clothing and other necessary supplies. Although most parents would never do something like this, it is an issue that some children face, and it is important for the child to receive assistance as soon as possible. In other words, if you are parent who is responsible for paying child support, you need to keep an eye on the situation. If your child is always hungry and wearing old, ill-fitting clothing each time you have visitation, it is a good idea to petition the court to do an assessment of their living situation. This can be especially useful if you desire full custody because improper usage of child support can be construed as the actions of an unfit parent.

Adjusting Child Support

In some cases, it might become necessary to adjust the amount of child support that you are paying. However, the amount that was first set when your divorce was finalized is legally binding. Therefore, it is best to utilize your lawyer in order to file a petition to have the child support amount amended. You will need to have a good reason for your request, however. For example, if your salary has changed dramatically or if you have proof that you ex is not using the money properly, you can ask for a reduction. Unfortunately, not all judges will approve your request. Remember that Riverside County child support laws in California for example, can differ from say child support laws in Dekalb county Georgia. If you use a lawyer, however, your odds of making a strong enough case to receive proper consideration from a judge will be increased.

If you are on the receiving end of the child support and you believe that you are not getting enough money, you can also file a petition with the assistance of a lawyer. Because the child support is based on a formula that considers the amount of children that you have and the annual salary of both you and your ex, you should definitely consider filing a motion if you lose your job or your ex gets a promotion. There is nothing in place that will cause an automatic adjustment to occur if the financial status of one or both of the parents changes, so your only recourse is to ask a judge to increase the child support based on the evidence that you submit.

Regardless of which side of the child support you are on, it is important to do your best to remain civil with your ex. After all, this is not only in the best interests of your children, but it will also help you in front of a judge.

Freelance author Anthony Joseph enjoys writing about the laws that affect children, and contributes this article toward raising awareness on child support issues. The Riverside County child support lawyers from Milligan, Beswick, Levine & Knox, know that these laws can either work for you or against you. They have more than 140 years of combined experience, and know exactly how to provide a successful legal defense.

Categories
Divorce Law

4 Ways for Successful Co-Parenting After Divorce

Guest family/divorce blog post.

Parenting after divorce can be quiet confusing, frustrating, and complex. But, it is not that difficult to raise children, coping with various challenges, making them well-adjusted and educated citizens. There are a quite a few aspects that affect your value as a single parent. Taking care of small kids is never easy, particularly for a new parent as they won’t know how to handle the little kid after separation. Many people are unsure how to be a responsible parent after divorce as they would no longer be in the same home to handle all the problems.

How Does the Court Decide the Custodian?

The court gives the decision in the child’s favor, after determining whether its future with new parent is firm or not. Considering aspects like the relationship that a kid shares with each parent and their earning capabilities, the court gives the judgment without affecting the child’s future. The following are some guidelines for co-parenting and dealing with child custody and support after divorce. These helpful tips are the major aspects of post-divorce parenting success.

Attitude Matters the Most

Your attitude plays a major role in the success of any child’s custody; if you follow your divorce case with thecommitment to make it a positive experience for the kid you love, then you’re heading down the right path. The attitude that you have, towards your post-divorcelife, is going to matter a lot. If you’re filled with negativity and poor state of mind, then you may not only lose the case, but also the custody of your ward. It is time for a change to bring in your attitude and thinking. No matter how many weeks or months you take, the decision that you make, is certainly going to affect the relationship for decades to come. So, if you want to be a successful parent after the divorce, then you must be prepared to face whatever difficulties come your way.

Perceptions

If you think that you’re a victim in the process, you should try to show that you are innocent and your claims are true. You can learn many values and benefits from divorce, while you experience the pain at the same time.

You’ll also have to accept your mistakes, and be willing to explore new ways to live your future in a positive manner. You have to take a firm decision as it would affect your child’s behaviour too. But, your perception of life after divorce will greatly determine if you’d eventually become a successful parent or not.

Take Divorce as a Positive Lesson

Many things can be learnt from a painful and excruciating experience of divorce; if you notice those thoughts as ‘gift’ to you, opportunities and wisdom you’ll never have otherwise understood,then you can move forward in life after divorce to become a wiser, stronger, and better person in life. Consider it as an opportunity to overcome your drawbacks, and don’t repeat the same mistakes while raising your child.

Respectful Parenting

Working through the difficulties and challenges of building successful communication with your ex-wife or husband is a goal, which must be performed continuously. Keep your kid in mind before coming to any final decision. Since you and your ex will be parenting your kid in case of co divorce, you’ve to start with the best possible way. Maintain a respectful relationship with your former spouse with level of dignity and awareness in all your communication.

Whatever the reason behind the separation is, try your best not to bring in your kids into the disputes, and be a good parent even after the divorce.

Author Bio

Ira Hopkins has authored many articles on choosing attorneys for co divorce, and often gives suggestion to parents to handle kids after the divorce.

Categories
Finance

Some things you didn’t know about your finances during a divorce

Guest family law blog post regarding finances and divorce.

Going through a divorce can be a difficult time emotionally never mind debating who is going to get the house, the car and even the cat. One of the most argued elements of a divorce will always be the finances regardless of how much or how little that couple had. Here are some things you might not have known when it comes to divorce proceedings and your finances.

First steps and temporary agreements                                                                                                                      

Self-divorce, divorce legal adviceNormally before any divorce proceedings take place there will be a separation period for both partners. During this time it can be difficult to support yourself, especially if your partner was the one bringing home the majority of the household earnings. You can apply to the court for interim maintenance or maintenance pending suit if you were married or in a civil partnership. This can be quite costly and the legal costs may be more than you are awarded so it is always worth talking to a legal advisor before making a decision on this. It may be that your partner is willing to make some kind of arrangement for maintenance payments before divorce proceedings go through.

Financial settlements

One of the most cost effective way to agree on a financial settlement is to do it between you and your partner, as opposed to involving mediators, lawyers or even going to court. If this can be done then you will find the break up to be a lot easier and also save you plenty of money on legal aid. If you make an agreement between the two of you then it is not necessarily legally binding. There are some ways to ensure that your financial settlement is more formal and would therefore stand up in court. Make sure that you write down the agreements that you have made together and take this to a solicitor for their advice. The solicitor can then send this agreement to a county court judge who will make a decision based on how fair they feel it is. As long as the outcome is ‘fair’ to both of you and you both have had independent legal advice then it is much more likely to be accepted.                                                                                                           

Lump sums                                                                                                           

In most divorce casMoney and divorcees there will be a maintenance payment and perhaps a lump sum of money from one partner to another. This could be to share the assets more fairly between partners, to enable one partner to purchase a house to live in or a lump sum to replace ongoing maintenance payments. A capital lump sum will tend to be paid in one go and can enable a ‘clean break’ so that partners no longer have to communicate. The best thing to do with a lump sum settlement is talk to an accountant who will be able to advise you further on investing the money wisely.

Hopefully this article will have touched upon some points that may have been unclear when you first start divorce proceedings. Remember to ask for legal help when needed and also seek the advice of an accountant if large sums of money are involved.

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Some things you didn’t know about your finances during a divorce

 

Going through a divorce can be a difficult time emotionally never mind debating who is going to get the house, the car and even the cat. One of the most argued elements of a divorce will always be the finances regardless of how much or how little that couple had. Here are some things you might not have known when it comes to divorce proceedings and your finances.

First steps and temporary agreements

Normally before any divorce proceedings take place there will be a separation period for both partners. During this time it can be difficult to support yourself, especially if your partner was the one bringing home the majority of the household earnings. You can apply to the court for interim maintenance or maintenance pending suit if you were married or in a civil partnership. This can be quite costly and the legal costs may be more than you are awarded so it is always worth talking to a legal advisor before making a decision on this. It may be that your partner is willing to make some kind of arrangement for maintenance payments before divorce proceedings go through.

Financial settlements

 

One of the most cost effective way to agree on a financial settlement is to do it between you and your partner, as opposed to involving mediators, lawyers or even going to court. If this can be done then you will find the break up to be a lot easier and also save you plenty of money on legal aid. If you make an agreement between the two of you then it is not necessarily legally binding. There are some ways to ensure that your financial settlement is more formal and would therefore stand up in court. Make sure that you write down the agreements that you have made together and take this to a solicitor for their advice. The solicitor can then send this agreement to a county court judge who will make a decision based on how fair they feel it is. As long as the outcome is ‘fair’ to both of you and you both have had independent legal advice then it is much more likely to be accepted.

                                                                                                           

Lump sums

                                                                                      

In most divorce cases there will be a maintenance payment and perhaps a lump sum of money from one partner to another. This could be to share the assets more fairly between partners, to enable one partner to purchase a house to live in or a lump sum to replace ongoing maintenance payments. A capital lump sum will tend to be paid in one go and can enable a ‘clean break’ so that partners no longer have to communicate. The best thing to do with a lump sum settlement is talk to an accountant who will be able to advise you further on investing the money wisely.

Hopefully this article will have touched upon some points that may have been unclear when you first start divorce proceedings. Remember to ask for legal help when needed and also seek the advice of an accountant if large sums of money are involved.

Categories
Executry & Probate

When is the right time to make a will?

Guest post regarding the best time to make a will.

Although it might seem morbid to think about details surrounding your own death, it is an important part of life to plan for dependents and loved ones who you would leave behind.

It can give you great peace of mind to know that family members will be looked after if the worst happens and this is why many people take out life insurance plans and other financial arrangements.

However, the most important thing that needs to be in place is something that many people neglect or feel is unnecessary.

Making a will is actually straightforward and something that everybody should have in place. If you die without a will it can complicate matters or delay proceedings at a time when loved ones are going through a period of extreme stress.

When is the right time to make a will?

The answer to that is quite simple – if you don’t already have one, now is the time to make a will.

Providing clear instructions as to what happens to your estate is essential in order to provide a smooth handover to those you leave behind, and in some cases to ensure that people who you do not wish to benefit are not able to take advantage of the situation.

Probate law

The area of law concerning what happens to someone’s belongings and assets after their demise is called probate. If the deceased person does not leave a will or there are assets that are not covered by the will, this means they are legally intestate.

Executor or Administrator

When a will exists it appoints an executor who can then validly dispose of the property and the estate then goes to probate. If no will is left or any existing one is deemed invalid, administrators are appointed instead.

Both perform similar roles but if there are no instructions to follow in a valid will the administrators are obliged to distribute the estate according to the rules laid down by statute.

Absence of Heirs and Next of Kin

In rare cases of intestacy where there is no heir or next of kin in the UK, the Crown has the right to property and land.

Under the rules for distribution of estates without a will where a child under 18 would be the sole beneficiary, the Court or District Probate Registry normally appoints a minimum of two administrators.

The above is a very simple explanation of the basics surrounding wills when it comes to UK law. Anyone thinking of making a will should take advice from Co-Op Wills Services who will be able to explain how the law affects their own individual set of circumstances.

Categories
Divorce Law

A Reputable Divorce Barrister Can Ease the Trauma of Separation

Guest blog post from a lawyer regarding the advantages of divorce barristers.

Divorce is a reality that many couples experiencing trouble in a marriage are staring at.

While it is always better, both emotionally and financially, to look at other means of resolving marital disputes, divorce remains a final solution that requires the services of a reputable divorce barrister.

Finding the Best Divorce Barrister

Divorce has become so common in the modern world that there are legal practitioners who are specialists in this form of judicial requirements. A reputable divorce barrister can even act as a mediator and help couples to arrive at solutions that need not have the finality of a divorce. Such barristers can also help to provide support from the emotional trauma that divorce can subject couples to.

It is always easy to go through the yellow pages or search over the Internet to find a good divorce barrister. However, it makes more sense to ask among friends and acquaintances that have gone through these actions as their personal experience will be something that can be easily related to. Legal advisors can also be a source of finding the best divorce barrister who can take a couple through the proceedings.

The experience of the chosen barrister can go a long way to easing the problems that come with divorce. Quite often, property, businesses and children can become the messy part of a divorce which needs extreme patience and time to sort out – and this is where an experienced lawyer will be of enormous help and will be able to steer you through the pitfalls and quagmire of divorce.

The divorce barrister you choose must be trained to practice so ensure that he or she has the right qualifications, certifications and licenses.

Ensuring You Get the Best from a Reputable Divorce Barrister

It is quite often necessary for both parties in a divorce suit to appoint their own lawyers or barristers. It is necessary to ensure that the chosen legal help has only your interest at heart and is in no way connected or known to the opposing parties. Discuss all aspects of the case with the barrister, especially those dealing with property division and child custody.

It is necessary that the attorney who has taken up your case is completely aware of all the facts of the case. This will enable the barrister to draw up ways to fight the case and also be sure that he or she is fully aware of the likely defence of the opposing counsel.

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Keith Cronin is a lawyer with a passion for sharing his knowledge. Keith has contributed this guest article on behalf of Stobart Barristers.

Categories
Divorce Law

Problem-Solving Negotiation and Mediation vs Adversarial Negotiation

Divorce is never easy, but there are ways to make the process a little more comfortable. The usual divorce is filed in court and can take years to resolve in an adversarial negotiation. Motions, pre-trial filings and depositions all take time and previously there was no way around it.

Now, there is a move in family law towards problem-solving negotiation or mediation. Many people are surprised to know that there is another way to settle issues within the family without going straight to a lawsuit. When both parties have the same end goal and there are no other major issues, a problem solving negotiation or mediation would be more beneficial for the family.

Family law is a very complex area of law. Sometimes there is no right or wrong in a relationship, there are just two very differing views on the same matter. There are so many laws governing divorce that a divorce or child custody proceeding could go on for years. Showing up for hearings that the other party can continue can unnecessarily eat up your time. There is a way to accomplish the same end in a much more efficient and holistic way. Spending years in court is not beneficial to any party involved and all parties can benefit from the process being much shorter and efficient.

When children are involved the situation is particularly sensitive. A problem-solving process would allow parents to keep the kids from being interrogated in a court proceeding. Both parties can agree that having the children involved in the actual process is not a healthy thing and both parties can agree to insulate the children so that they are less affected by the actual proceedings.

In addition, the negotiation or mediation is generally less stressful because the result is crafted with input from both parties. When both parties have input in the outcome and not just a judge, both parties are getting something that they want. Usually, both parties do not get everything they want, but they are able to come up with a solution that works.

Guest Post Contributed by Divorcelawsusa.com
There is a way to minimize the damage of divorce and minimize the stress of the process. Splitting up is always emotional, but it doesn’t have to be done by traditional means. Negotiation can sometimes take less time because you get straight to the problem without paperwork drawing out the process. It is better for both parties to end to the relationship in an efficient and fair manner.

Categories
Finance

Five Tax Laws Affecting the Middle Class

On January 2 of this year, the American Taxpayer Relief Act of 2012 (or fiscal cliff deal) became law and was made retroactive to January 1. The act was designed to shield the middle class from the expiration of the Bush-era tax rates. While the law included tax increases directed at wealthier Americans, much of the act was targeted at the middle class. In particular, five key tax laws of the fiscal cliff deal affect the middle class and they are discussed below.

First Provision

The first provision of the tax changes was something omitted in the fiscal cliff deal and that is an extension of the payroll tax cut enacted by the president back in 2011. All taxpayers enjoyed a 2% reduction in their withholding due to the lower Social Security payroll tax rate of 4.2%. However, with the expiration of this tax cut, the rate returns back to 6.2%. Given that the maximum taxable earnings subject to the Social Security payroll tax is $113,700 in 2013, the tax increase affects the middle class more than it does top wage earners. This makes this tax increase a regressive tax increase and will result in a decrease of $100 a month in disposable income for households earning $50,000 a year.

Second Provision

The second provision affecting the middle class was the permanent extension of exemption amounts to the Alternative Minimum Tax (AMT). The exemption amounts for 2013 increased over 2012 levels and are now $50,600 for individuals, $78,750 for married people filing jointly, and $39,375 for people married filing separately. Also, the AMT exemptions are now inflation adjusted annually. This will insure that the AMT, designed to affect the wealthiest Americans, does not become the de facto middle class tax rate. If the AMT exemptions had not been increased, sixty million workers would have become subject to higher tax rates.

Third Provision

The third provision affecting the middle class is the permanent extension of the Bush-era tax rates of 10%, 25%, 28%, 33% and 35%. A new tax rate was added of 39.6% for income over $400,000 for individuals and $450,000 for couples. Absent this change, tax rates would have increased across the board for every worker and coupled with the expiration of the payroll tax cut would have been a substantial tax increase.

Fourth Provision

The fourth provision affecting the middle class is the permanent extension of the marriage penalty tax relief. For couples filing jointly, the standard deduction is exactly twice that of an individual’s standard deduction. This eliminates the disparity in the standard deduction for married people which disparity became known by the pejorative “marriage penalty tax”. The fiscal cliff deal prevented the standard deduction for married couples from decreasing to $10,150 from $12,120.

Fifth Provision

The fifth provision benefiting the middle class is the permanent extension of the Bush-era child tax credits of $1,000 per dependent child who is under age 17 by year’s end. The phase out for this tax credit remains the same at $75,000 for individual tax filers, $110,000 for married filing joint or $55,000 for married filing separate.

There are many other provisions in the American Taxpayer Relief Act of 2012 which directly or indirectly affect middle class taxpayers such as business tax extenders, small business expensing, and bonus depreciation. Also, tax credits for education were also extended. However, the provisions cited above were those which most directly affected the middle class. Covering all the tax provisions is beyond the scope of this article but they may be reviewed in greater detail by clicking on the link for The American Taxpayer Relief Act of 2012.

This article was written by Robert Tritter, an avid writer of law-related articles throughout the web. He writes this on behalf of R&G Brenner, your number one choice when looking for a Brooklyn Tax Consulting firm. Check out their website for more information on their services.

Categories
Divorce Law

Justice minister McNally pledges extra £10 million for divorces

Family justice minister Lord McNally has pledged an extra £10 million towards helping people bring their marriage to an end using mediation. The money is set to be used to fund extra mediation services, which are often used to avoid couples having to fight in court.

Mediation is a useful tool which can avoid upsetting and costly court battles, and might be appropriate for situations involving children or where there are a variety of different assets to split – property or cash for instance.

In a statement the Ministry of Justice said that the additional funding may help couples to avoid the “traumatic and divisive effect of courtroom battles”.

Lord McNally commented: “Going through a divorce or separation can be an emotionally draining and stressful time for everyone involved, especially for children. All too often money is wasted on expensive and traumatic court hearings that can take far too long to resolve – and that is why we want to help people to use mediation, a quicker and simpler approach which brings better outcomes.”

According to figures quoted by the Ministry of Justice the average cost incurred when resolving property and finance disputes in a divorce is around £500 – this figure increases to approximately £4,000 if these separation issues are settled in the courts.

As well as this, the average mediated case is resolved in a quarter of the time of a non-mediated dispute.

It’s positive that steps are being taken to resolve divorces in a way which save time, heartache and money for both sides. Many couples who have taken the painful decision to legally part ways may not realise that mediation is an option, but many law firms will offer it before pursuing a court resolution.

If you are interested in mediation then it is vital you opt for a legal professional with the knowledge and experience necessary to deal with complex cases. The most skilled mediators are those who strike the balance between professional and personal, bringing both legal skills and a sense of concern to their clients.

Hattons Solicitors have a dedicated team of  family law solicitors specialising in family law including cohabitation agreements, divorce law and separation.

Categories
Child Support Children Divorce Law

What’s All About Step Parenting

As a step parent, getting the legal rights of a biological parent can be a complex procedure. In California, you need to be married to or living with a biological parent, over the age of 18 and at least 10 years older than the child. Read on to find out the other requirements you need to fulfil to get the rights of a biological parent, when you are a step parent.

Read more..

About the Author
Christina M. Hernandez is the Director and Owner of Attorney Assisted California Centers in Orange, CA. Attorney Assisted is a leading paralegal service provider in Orange County, preparing and filing all legal documents. Also known as Legal Document Assistants, they are a more affordable alternative than going through lawyers for the same notary services. We also offer full divorce services, handling all divorce papers and child support orders for our clients.

 

 

Categories
Domestic Violence Family Law

Internet Safety Advice for Domestic Abuse Survivors

The internet can be a valuable source of information and support for survivors of domestic abuse, but it can also pose a threat to your safety. Many abusers obsess over their victim and have a tendency to track their online activity. If you have escaped your abuser, your online presence may also be dangerous because it can lead your abuser back to you. Applying simple rules to your internet activity can drastically improve your online safety.

Cleaning up your computer
Because your abuser is someone you know, they have likely at some point had access to your computer, laptop or cell phone. One way that abusers can track your online presence is by secretly installing monitoring or spying software. Another easy way they may spy on you is by turning on parental controls, and making you the child’s account which is monitored. If your abuser were to do this, everything the “child” does is reported back to the “parent,” meaning that anything you do is reported back to your abuser. Any victim of domestic abuse should check for this software. If you are not tech-savvy you can take your computer to a trusted computer repair shop.

After you have checked your computer for monitoring software, change all of your passwords to new, strong passwords. Do not make your password anything that your abuser might guess. If you have a cat named Fluffy, your password should not be Fluffy123. This not only includes your email, social media and bank accounts, but your wireless connection password as well.

E-mail and social networking
If your abuser continues to contact you via email, simply blocking their email address from your existing personal email account is likely not enough to prevent future contact, because they can always create new accounts. To put an end to contact you must create a new email account that only your most trusted contacts and colleagues have access to. Remain anonymous and be sure not to include any part of your name in the email address. This will make it more difficult for your abuser to find you. Also check to be sure the email service does not expose your real name in the “from” line when corresponding.

Delete all existing social media accounts including Facebook, Twitter, LinkedIn and Google+. If your abuser is aware of these accounts, he will find ways to check your statuses, check-ins and photos. If you want to continue using social media, delete all current accounts and recreate new ones with stringent privacy settings. Sometimes privacy settings can be tricky, and will leave a lot of your information exposed even when you think you have applied the strictest of options. Also be cautious of who you “add” on new accounts, avoiding any mutual friends that you and your abuser share.

Shopping online
Although online shopping accounts like eBay and Amazon may seem to carry harmless information, they are actually the most dangerous because they contain information regarding credit cards, email address and delivery details. When deleting and changing accounts, don’t put yourself at risk by letting these ones fall by the wayside.

Special thanks to Aeschleman Law for providing this article.

Aeschleman Law
San Jose Family Law & Domestic Violence Attorney
1550 The Alameda, Ste 330
San Jose, CA 95126
(408) 724-8930

Categories
Family Law

The biggest change in legal services for 70 years and no one knows

The clock is very much ticking for people in England and Wales to get legal aid in relation to most family law matters and the media seem not to be taking it seriously at all.

We are less than 8 weeks away, from the biggest change in the provision for legal services in 70 years and yet the media and printed press are silent.

Under the Legal Aid, Sentencing and Punishment of Offenders  Act, 2012, from  1st April this year, legal aid will no longer be available for most divorce, financial and private law children cases, such as disputes between parents over residence and contact arrangements for their children. Unless there has been domestic violence, people will either have to go to court on their own or find the money to pay lawyers,

The coalition government has introduced these changes in order to cut the legal aid budget by £350 million per year in accordance with their deficit reduction plan.

The result of this withdrawal will result in the overwhelming majority of people who are currently able to obtain and access legal advice and representation, no longer being able to do so and yet does the average person on the street have a clue what is going on?

Figures obtained from the Ministry of Justice under the freedom of information act showed that in 2011 34,000 people filed for divorce without representation. That figure represented % of all divorces. it does not deal with people who needed help with contact and residence cases, or financial disputes which make up the vast majority of cases in the courts.

Public funding will still be available for  people involved in public law children cases, for example proceedings where Social Services are involved with children. For those who financially qualify, there will also be funding for cases of domestic violence.

Currently it is estimated that 250,000 people per year receive family advice, assistance and representation under legal aid. It is anticipated that after the changes come in, this number will decrease to as few as 40,000 people. That means

 

The government hopes that the changes will not only cut the current £2.2 billion legal aid bill, but also encourage people to resolve matters more amicably through services such as mediation. This is all very well, but no one knows about it and the Government have not publicised the changes at all.

These cuts will limit access to justice for the majority of the population and could cause the courts to be full of people representing themselves as a result of not being able to afford legal representation.

The broadsheets have over the last year, published articles and the BBC have done a few small pieces about this, but the vast majority of people in the country do not read the Guardian.

The legal industry is only now noticing the growth of diy divorce websites, despite the earliest service having launched way back in 1999 and the concern that was recently expressed by the legal Ombudsman, that the legal aid changes will see a rise in people opting for cheaper, poor quality service out of concern that other options are unaffordable, is in fact misplaced. The majority of complaints to them relate to communication problems and costs issues.

However, the legal profession are a decade too late in raising this issue now in 2013 as online divorce websites such as Divorce-Online have been in existence since 1999, quietly and efficiently providing services to clients who cannot afford a solicitor. in 2012 Divorce Online accounted for 14 % of the unrepresented divorce market. In 2013 we anticipate that our market share will only increase as people are turned away from Solicitors offices and advice centres, because they cannot get low cost family law services.

The criticism from lawyers is that divorce websites are impersonal, don’t have insurance and can cause problems later on with finances etc. This simply is scaremongering by a profession who have spent the last decade, sitting in their gilded offices, overcharging and wondering why their core business was ebbing away.

Divorce-Online as a responsible and professional legal service, advises clients of their options and the consequences of any actions they take in a divorce in relation to how it may affect their finances in the future, but we don’t charge £200 pounds per hour or £20 a letter.

The current business model of the high street Solicitor is expensive and unaffordable for all but the wealthy and until firms can find ways to bring down the costs of providing services, innovative and disruptive websites like Divorce Online, RocketLawyer etc will steal a march as the new dawn approaches. Those who can provide low cost affordable services will flourish and the rest will merge or die.

Categories
Family Law

The Impact of Legal Aid Changes on Family Law

Legal aid in England and Wales is changing and it will have a particular impact on family law. Legal aid aims to help those who require financial assistance to pay their legal fees but the government is cutting its annual spend in this areas by £350 million from April 2013. Legal aid will no longer be available to the vast majority of divorcing couples.

In recent years around 250,000 divorce cases a year have been funded by legal aid. The aim is to reduce this to 40,000, thus making significant savings. In most cases only those effected by domestic violence, abduction and forced marriage will be eligible to legal aid with the likelihood of receiving assistance coming down to finances. The reason for this is that in these cases going through the courts is usually the only way of proceeding whereas in other circumstances there are other options.

How Will This Impact Family Law?

It is difficult to predict the exact impact of these changes but there is little doubt there will be some changing trends within the family law sector.

With the lack of available legal aid the cost of taking a divorce case through the courts will significantly increase for many couples. It is hoped that this will result in mediation becoming more common place. Where this route is taken it leads to huge savings in solicitor’s fees and court fees. Expensive legal fees may put couples in a position where they feel there is no option but to go down the mediation route but it may, in the long run, also lead to a simpler, less stressful separation.

Another way that the legal aid changes could make an impact is by it leading to more people representing themselves in court. This is something many in the legal profession are concerned about as self-representation can end in disaster. Without the knowledge of the workings of a court it is very difficult to make a good legal case. This could, therefore, lead to not getting the result they are deserving of. This could be particularly problematic if one party can afford legal assistance and the other cannot. It has been claimed by some that wives who can’t afford to pay for legal assistance, but whose husbands can, will be impact the most (of course this can also happen in reverse). If one party is being legally represented and the other isn’t then it can make a fair outcome even more difficult to come by as it makes it more difficult for a court to assess the situation accurately.

One fear is that there could be an increase in poor quality legal assistance. Those unable to afford a good solicitor may have no choice but to pay for cheaper, and therefore lesser quality, legal assistance. A final possibility is that there could be a reduction in the number of couples getting divorced. It is difficult to say whether or not this will be the case, but if it is it could lead to some couples remaining in unhappy marriages as they see divorce as unaffordable.

Conclusion

It could be argued that an increase in the number of couples going through mediation would be a positive. But, in reality will this happen? Some in the legal profession have predicted that it will not, and people will instead proceed without legal assistance, therefore slowing down the process and making it more complex.

Contrary to popular belief, in many circumstances lawyers actually reduce the number of family law cases going to court at present. They encourage negotiation, something that is easier with legal representation as a separating couple do not have to go directly to one another. Lawyers also often play a part in managing expectations. As they understand the ins and outs of the industry they can be more realistic than their clients, as people don’t always see the boundaries of what is possible themselves.

About the author

This post was written by Andrew Marshall, a writer and internet marketer. Andrew works with a number of UK law firms across a wide range of legal sectors.

Categories
Children

Ruling Ignoring the Safety of the Family?

Guest post from family law solicitors. 

The Government is planning on protecting the rights of divorced parents to see their children, which is putting victims of domestic violence in danger; not to mention, their children too. With shared parenting as a priority, the welfare of domestic violence victims is routinely ignored. The failings of the family court system are such that vulnerable men and women are frequently placed in unsafe environments where they’re open to intimidation from their violent ex-partners.

52% of women who’ve suffered from an abusive relationship are subject to cross-examination from their violent exes, who have chosen to represent themselves in court. Obviously this can be an emotionally traumatic experience for many people women and men who’ve previously been bullied and intimidated by their ex-partner.

Extortionate Costs

In fact, it can be equally as distressing to be the cross-examiner of previous abusive partners, and with the heady costs of hiring a lawyer hanging over their heads, can victims of domestic violence afford legal fees, especially if they’re struggling to raise a child? With coalition plans to reduce the amount of court benefits low-earners receive, this could mean many abuse victims are forced to represent themselves in court, with absolutely no legal training.

Severe Lack of Protection

There have been cases of abuse victims being intimidated with prolonged staring in the waiting room, as well as being forced to attend mediation sessions with ex-partners that are under restraining orders. When there are protective measures in place, why are they being ignored in a court of family law?

Many domestic violence victims complain of their concerns being sidelined and ignored by the court, dismissed as inconsequential when it comes to shared parenting, even though the children are the best weapons an abuser has to ensure access to his or her previous victims. Also, a violent or abusive person is not an ideal candidate for mother or father of the year, and it seems likely that the child’s welfare would also be in jeopardy.

Fathers’ Rights Groups

Yet Fathers’ Rights Groups have been protesting against the hostility towards protected shared parenting, calling it ‘scaremongering’ and insisting that false accusations keep fathers away from their children. Unless the accusations have been proven by court, there should be no reason to listen to abuse charges.

With 93% of residencies awarded to mothers, Fathers’ Rights Groups need all the help they can get. However, fathers stand to gain by abuse protection in the family court too, as more than 40% of domestic violence victims are male. If you can, please do contact a divorce solicitor in Liverpool, as they could make or break your case.

There have been cases where parents on the sex offender’s list have been allowed to enter a family court of law to argue their case for the custody of children. In this situation a husband had raped and duct taped a 14 year old girl and had been charged with an assault against his ex-partner. For years, he stalked his partner, before taking her to court, and it took a social services independent report to eventually deem the man as ‘dangerous to children!’ He is still free to reapply to the courts for child custody.

Produced by Denver working with Hughes Carlisle divorce solicitors who specialise in a range of other legal disciplines, providing an opinion on current topics which are affecting families throughout the country.