Tag: Divorce Laws

Am I eligible to apply for an occupation order?

An occupation order can enforce safe living arrangement for victims of domestic abuse.

If you have suffered domestic abuse you may feel unsafe living in the same house as your perpetrator. An occupation order can be used to provide you with a safe place to live by regulating who can live in your family home.

How can an occupation order be used?

Occupation orders are flexible and can be used in a variety of ways to offer victims protection. Some of the commonest ways in which occupation orders are used in domestic abuse cases include:

  • To exclude someone from the family home.
  • To enforce the right to remain in or return to the family home.
  • To set out who pays for expenses relating to the family home.
  • To exclude someone from a defined area around the family home.

Eligibility to apply for an occupation order

In order to be eligible to apply for an occupation order you must be ‘associated’ with the other person in one of the following ways:

  • Married, in a civil partnership, or engaged.
  • Previously married or in a civil partnership.
  • Cohabiting in a family scenario.
  • In an intimate physical relationship for a significant length of time.
  • Have parental responsibility for the same child.

Occupation orders are only applicable in very serious cases as they can grant access to a property that a victim does not have a legal entitlement to and deny access to a perpetrator with legal entitlement.

The court will assess whether an occupation order is suitable for your individual case by applying two tests. The tests are called the balance of harm test and the core criteria test. These tests take into consideration the health, safety and well-being of the victim and any children involved and their related housing and resource needs.

If you require help, support, or legal advice relating to domestic abuseor occupation orders, please give our team of family law specialists here at Lund Bennett a call on 0161 927 3118.

The new no-fault divorce law: What you need to know

The government are introducing no-fault divorces in a bid to end the divorce ‘blame game’ and make the process faster, simpler and more amicable.

When announcing the plans to reform divorce law, Justice Secretary David Gauke said: “While we will always uphold the institution of marriage, it cannot be right that our outdated law creates or increases conflict between divorcing couples.”

Current grounds for divorce

Existing divorce laws are over 50 years old and have been under fire for being outdated and causing unnecessary further conflict between divorcing couples.

Currently, couples who wish to get a divorce are required under the Matrimonial Causes Act to prove one of the following:

  • Unreasonable behaviour.
  • Desertion (for 2 years).
  • Mutual separation (for 2 years).
  • Have lived apart for 5 years (if one party does not agree to the divorce).

The new no-fault divorce

Under the proposed new laws, couples will simply be required to issue a statement saying that there has been an “irretrievable breakdown” of their relationship.

A minimum time frame of six months will be introduced to give couples the opportunity to work things out and change their minds before the divorce is finalised.

Other changes include the option to make a joint application for divorce, and the scrapping of the option to contest proceedings.

There is not yet a date for when the new law will come into effect, but the government have expressed that they are committed to introducing the new changes as soon as possible and expect it to be within the next year.

If you require legal help or advice with any aspect of divorce law, get in touch with our team of specialist solicitors here at Lund Bennett by giving us a call on 0161 927 3118.

Benefits of introducing a no-fault divorce

The introduction of no-fault divorces is set to make getting a divorce simpler and more amicable.

UK law will soon reflect the fact that sometimes relationships don’t work and there isn’t necessarily anyone to blame.

The changes to the law will introduce no-fault divorces, allowing couples to submit an amicable statement of irretrievable breakdown instead of being required to provide evidence of adultery or unreasonable behaviour.

Here are just a few benefits of no-fault divorces.

Reduce conflict, stress and upset – Splitting up with a spouse is often a time full of upheaval and big life changes. The option for an amicable no-fault divorce can make the process psychologically easier and help to reduce stress and upset at what is already an emotionally-charged time.

Speed up the process– Under current laws, if only one party agrees to the divorce and there is no one to blame for the breakdown of the relationship, then the couple need to live separately for five years before a divorce will be granted. The new laws will remove the need to place blame on one party just to speed up the process.

More chance of a reconciliation – There is more chance of couples working out their differences and reconciling if proceedings are amicable. Having to place blame on one party in order to prove the breakdown of the relationship causes further friction and intensifies any bad feelings between couples.

Less upsetting for children – For relationships involving children, any measures that make the split less heated are beneficial. Divorce can be traumatic for children stuck between feuding parents who blame each other for the failed relationship.

Save money on court costs – Being able to come to an agreement without placing blame, should make it easier for agreements to be made outside of court, keeping legal costs down.

If you require legal help or advice with divorce law, get in touch with our team of specialist solicitors here at Lund Bennett by giving us a call on 0161 927 3118.

What are the risks of using a DIY legal document?

It is cheap and easy to purchase DIY kits for producing legal documents, but they don’t come without risk.

Whilst it may appear to be quick and simple to fill out a do-it-yourself template for a legal document, can you really be confident that it is valid and will achieve the desired outcome?

Just some of the dangers of using a DIY legal document include:

  • Document is invalid.
  • Template is outdated.
  • Errors mean it results in a different outcome than desired.
  • Errors incur a penalty.
  • Distress for you and your family if the desired outcome is not achieved.

When it comes to legal documents, just one small mistake or miswording could invalidate or completely change the meaning of the document.

The law is intricate and complex, and precision and accuracy are key. Sometimes, in the simplest of cases, a generic template may suffice, but often a more bespoke approach is required.

Legal documents can have long-lasting effects for you and your family and are not something that we’d advise trying to take shortcuts with.

Saving money on the cost of your legal document could well turn out to be false economy if a mistake then incurs penalties or you are required to start again due to an error.

Advantages of using the services of a specialist solicitor

Having your legal documents created by a specialist solicitor will save you time and stress as well as offering you peace of mind that they are free of errors, valid, and will achieve your desired outcome.

Your solicitor will also be able to offer you bespoke advice and guidance tailored to your individual needs, advising you on additional areas that you may wish to consider.

At Lund Bennett our team of specialist solicitors can create professional legal documents for every aspect of family law, from cohabitation agreements to separation agreements. Give our team a call on 0161 927 3118 to discuss your requirements.

Do I need consent from my ex to change our child’s name?

If a parent wishes to change their child’s surname, they should first seek the consent of any other person with parental responsibility.

There are several reasons why a parent may wish to change their child’s name after a separation or divorce. If the parents were married, then it is quite common for one party to revert to their maiden name. Similarly, if one person remarries, they may wish for the child to take their new family name.

Whatever the reason for the name change, everyone with parental responsibility should consent to the change in writing before it can be changed.

When there is consent

If all parties with parental responsibility are happy with the proposed name change then the change can be made via deed poll. If the child in question is aged between 16 and 18 then they too must sign the deed poll to consent to the change of name.

When there isn’t consent

If your ex disagrees with the name change and you cannot get their consent, then you will need to apply for a Specific Issue Order to change the child’s name.

The court will then decide whether the name change is in the best interests of the child. A few factors that will influence their decision includes the length of time the child has had their existing name, the reasons for the change, the effect changing or not changing their name could have on the child, and the child’s wishes.

Specific Issue Orders can also be requested by the opposing parent in order to prevent the name change.

Requesting a Specific Issue Order

If you require a Specific Issue Order to either apply to change your child’s name or prevent it being changed, get in touch with our team of specialist family law solicitors here at Lund Bennett by calling us on 0161 927 3118.

Brexit Divorce Dilemma For Property Owning Couples

With Brexit looming large in March property prices may see a dramatic readjustment that could go one way or the other depending on the outcome. This may not be an issue for those not planning on moving anytime soon but for couples on the edge of divorce there is now a dilemma.  

Property prices to a great extent are driven by a mixture of national sentiment, the availability of credit and seismic shocks to the economy. The financial crisis of 2008 for example brought prices tumbling across the country and many areas are still yet to recover.  

According to the Governor of the Bank of England, Mark Carney, a no deal Brexit could see prices fall by 35% in three years. Whether this actually turns out to be the case is another matter. Forecasts by the Bank of England aren’t always as accurate as the weather forecast and then there is the prospect that we get a deal, everything is forgotten and there is a boom in house prices.  

So the dilemma for divorcing couples where property biggest is their biggest asset is whether to go ahead with the process of divorce and risk selling and dividing up a property at a potential loss, or speed up the process in the hope that advantage can be taken of more favourable market conditions. 

Depending on the view of the person thinking of filing for divorce, the strategy may be to wait until all the fuss is over before proceeding.

Is Facebook Bad for your Marriage?

According to statistics it is. Research into reasons given for divorce in the UK show that Facebook is mentioned in 33% of divorces.  

While Facebook was originally conceived as a way for lost friends to get in touch with one another, its use has grown to the point where it has a a direct impact on the lives of those friends if used inappropriately.  

While much of what is posted in social media relates to people’s travels, family photos, food and nights out, there is sometimes a darker element to its use which can sometimes get out of hand.  

For one thing, getting in touch with lost friends can include those of the opposite sex such is the ease of tracking people down on the site. Depending on how either partner views getting back in contact with old flames, this can result in deep mistrust between partners and even divorce if behaviour is seen as unreasonable.   

News can also travel fast when it broadcast among friends and sometimes people may even use the Facebook to air their grievances about their husband or wife. Criticising a partner in front of several hundred friends can be a whole lot more damaging than doing it face to face.

Will I Have the Right To Remain In The UK Following Divorce?

The right to remain in the UK if you are a foreign national is becoming an increasingly hot topic even for EU citizens with Brexit looming on the horizon. So, what happens to your right to remain if your relationship with a British citizen ends in divorce?    

While divorce itself is far from an easy process, foreign nationals will have the additional process of trying to remain in the country following the split. This can often bring home the disappointing reality that the right to remain in the UK depended on the person who is now an ex-partner.  

Fortunately for EU citizens there may be a right to remain if they have been married and have lived in the UK for five or more years. For those outside the EU the process is not going to be quite so straightforward.  

Whatever the circumstances, you should seek legal advice and make the home office aware if you are at all unsure of your status post-divorce. This may help your case if you want to remain in the UK or apply for one of the various visas that can buy you time while you consider your options.  

Student visas, work visas and family visas are just some of the possible ways to remain in the UK with varying timeframes applying to each.

Divorce and Children’s Education

Schools are an important and often overlooked area of divorce and complex issues can arise when parents don’t agree on where their child goes to school, who pays for what and who takes responsibility for picking up and dropping off at the gates.  

With many good state schools oversubscribed parents may well be concerned that their children won’t get a good education if one partner has to move to another area where schools are not of the same standard.  

There can also be disputes over who will continue to pay for a child’s education if one parent has always paid the lion’s share of fees at a fee-paying school.  

In both case the arrangements are best made through a mediation process where parents can decide what is in the best interests of the child. This can mean decisions are made over affordability, for example if one parent can’t afford to pay school fees then the other may commit to pay a share of the costs.  

This sort of arrangement may also apply to the purchase of school uniforms, equipment and school clubs throughout the school year.  

When it comes to living arrangements, then the parent that has custody of the child will be the one who decides for practicality reasons where the child should attend school if they live in a particular catchment area and the only option is a state school.  

These are just some of the issues surrounding a child’s schooling which may arise during divorce proceedings and if you need help with this or any other issues surrounding divorce, contact us today.

3 Things to Consider in Secret Before Getting A Divorce

We have all seen how divorce plays out on TV and in the movies but when you are facing the prospect yourself the process becomes all to real. In an age when things tend to happen fast it is worth considering how you can best prepare yourself.  

What will life be like after divorce?  

If you are considering divorce then you have probably come to the point of no return. However, it may be worth visualising what life will be like when you no longer have a husband or wife. Are you ready to move on with life after divorce and are any preparations in place for example?  

Consider finances  

If you have been dependent on a spouse financially then divorce can mean a significant drop in living standards. The final divorce settlement may help particularly if there are children involved, but if you are anxious about how you will cope, then it is better to start considering the financial implications of the divorce beforehand.  

Consider keeping a diary or notes  

It’s easy to forget important information during the course of a divorce. Making notes of what is happening beforehand can help towards preparation when it comes to settlements and other arrangements following divorce.