Typically, the beginning of January is known as D-Day for divorce lawyers. January has always been the month for a high number of new divorces, but will this trend continue?
You may have come to us for outline advice during the year but have chosen to reflect upon that advice before initiating proceedings. There is no doubt that the present economic climate is placing a further pressure on families by compounding… read the rest of “January is D-Day for Divorce Lawyers”
Q: When is Joint Ownership not equal entitlement?
A: When the Courts say it is not.
The recent Supreme Court ruling in the case of Jones v. Kernott shows that fairness and common sense can be upheld in co-habitation cases, regardless of the archaic law governing this area. From my experience, this has always been possible, but never so clearly upheld by the Courts as in this case.
Ms Jones and… read the rest of “Cohabitation”
I saw the ITV Tonight programme last night "A Failing System", and was shocked at the length of time it appears to take to become an adoptive parent in the UK. It was upsetting to see that this means the many children who are currently in care and waiting for suitable adoptive parents, will remain in care for far longer than is necessary. The system for adoption is being reviewed… read the rest of “Adoption and guardianship ITV: Worthing based Bennett Griffin solicitors comment on ITV programme”
Thanks to recent media coverage, most people are now aware of the importance of putting a Power of Attorney in place. But have you really given proper thought as to whether your choice of Attorney is suitable?
A recent case reported in Bristol (click here) provides a stark and rather disturbing reminder that your choice of Attorney is crucial.
At Bennett Griffin, we can help you through the process of… read the rest of “Who is your Attorney?”
There is an interesting article on the BBC website here that highlights the importance of Personal Welfare Lasting Powers of Attorney or Advance Decisions as a key legal document for individuals to direct who should make decisions about their care and medical treatment if they were ever to lack capacity. A Lasting Power of Attorney or Advance Decision could have potentially avoided the cost, worry and delay of… read the rest of “Who Has Authority To Make Medical Decisions Concerning An Incapacitated Person?”
The Supreme Court case of Mr Kennett and Ms Jones could change the face of co-habitation law shortly. This unmarried couple lived together for approximately 9 years, and had 2 children. The family home was bought jointly and equally. Ms Jones paid the deposit, and Mr Kennett funded an extension to the property. Sadly, the couple split up, and Mr Kennett left the family home, buying a property for himself… read the rest of “All’S Fair in Love and Co-habitation”
A significant change in the law took place on the 6th April 2011. It is now the case that any party wishing to resolve matrimonial financial matters, must endeavour to engage in Mediation with their former partner/spouse, before even contemplating any financial or Children’s Court proceedings.
Effectively, the law has changed so as to make attendance at Mediation compulsory. It is the case that even before the law changed, Solicitors encouraged… read the rest of “Family Law/Mediation Changes - Talk is Cheap-er”
Prenuptial Agreements have been recognised for the first time as enforceable in the United Kingdom following the Court ruling in the case of Katrin Radmacher. Her husband Nicolas Granatino went to the Supreme Court after the Appeal Court cut his divorce settlement from more than 5 million to 1 million pounds. The Supreme Court dismissed the Appeal and upheld the Prenuptial Agreement the parties had entered into.
Prior to the decision… read the rest of “Prenuptial Agreements”
As Family lawyers who are committed to the principles of Resolution, we adopt a robust, yet non-confrontational approach to divorce, and encourage our clients to seek shared solutions and reach mutually beneficial agreements, wherever possible.
Mediation can help couples arrive at that fair end result and explore and smooth over tensions along the way. It involves a trained Mediator working with a couple together, without any lawyers in the room.
However, the… read the rest of “New to Bennett Griffin - Collaborative Law”
Bennett Griffin LLP says unmarried couples are at risk if they don't plan or prepare for all eventualities when co-habiting or combining assets.
In a recent case where a man who had split up with his co-habiting partner 17 years ago, he was awarded a half share in the house they once lived in, even though he had never paid the mortgage.
The house was purchased as joint tenants or co - owners… read the rest of “Unmarried couples should prepare for all eventualities says local law firm”
On 28 March 2010 the Bennett Griffin Family Team attended the Starting Over Show at the Brighton Hilton Metropole.
The show is designed for people who are ‘starting over’ whether that be from divorce or a relationship break-up, redundancy or bereavement.
The Starting Over Show created a safe haven for people starting over, offering a whole range of services to build the confidence and skills in people to… read the rest of “Starting Over Show a Complete Success!”
Britain’s most senior judges will hear a landmark appeal this week over whether divorcing couples should be bound by pre-marriage agreements on how their assets will be split.
Nicolas Granatino, a banker-turned-student, will challenge his £1 million divorce settlement with Katrin Radmacher, a German heiress said to be worth £100 million. The keenly watched case, in the Supreme Court, could decide whether prenuptial contracts in England and Wales should be binding… read the rest of “Supreme Court to decide on the validity of prenuptial agreements”
In a case heard in April 2010, the Court of Appeal has ruled that it is wrong to give priority to the financial claims of a second wife (husband), when the claims of the first wife (husband) have yet to be met fully.
The facts of the case were that the husband was a wealthy barrister who had been paying his wife maintenance for years, in accordance with a Court Order… read the rest of “A victory for first spouses!”
A leaflet from a Mexican restaurant dropped through my door the other day, offering — along with tequila slammers and salsa classes — “birthday parties, hen nights, wedding parties, even divorce parties”. The manager told me he had added the divorce line half in jest. “I haven’t had any takers,” he said. “I live in hope . . .”
It may not be long before he finds customers at his door… read the rest of “Cake, gifts, T-shirts: it’s a divorce party”
With marriage rates falling to their lowest levels since records began in 1862*, increasing numbers of unmarried couples are moving in together with no plans to tie the knot.
But domestic bliss could become a living nightmare if you don't consider the legal implications of cohabitation. Couples could risk more than a broken heart if they don't think of the practical consequences should love turn sour.
The Law Society urges couples to… read the rest of “Don't let romance cloud judgement when it comes to your legal rights says the Law Society”
