Category: Lund Bennett Law LLP

When Should You Hire a Family Lawyer?

It can be incredibly difficult and upsetting when legal issues arise within a family. There are many different reasons why a family might be struggling with legal issues.  A family lawyer can help manage all of these family affairs, making it easier for your family to get professional advice and sort out any issues you may be having. 

But what sort of legal issues may require a family lawyer? Below, we take a look at some of the reasons you may need a family lawyer. 

Marriage

If you are preparing for a marriage, it is important that you seek legal advice. Although it may seem like a simple ceremony, it can be actually quite complicated legally. A lawyer can help you understand the marital laws of your state and any advice on any marital rights you should know. If you are considering getting a prenup, a family lawyer will also be able to help you navigate this. 

Divorce

Divorce can be incredibly tricky for any family, and ending a marriage can be a long and complicated process. There are various reasons why you will need a family lawyer to help deal with a divorce. An attorney will help you sort out issues like: dividing property and working out property ownership, child custody, and alimony.

Adoption

Adopting a child is incredibly exciting, but it is a long and strenuous legal process. For some people, it can take years to be given a child to adopt, and even then it can take a few months to finalise the documents. A family lawyer will make sure that your adoption papers are all up to standard and will hopefully ensure that your adoption will be successful. 

Benefits of Using a Family Lawyer – Lund Bennett

Whenever you have an issue or a family matter that requires legal representation, it’s essential to seek the assistance of a knowledgeable and experienced professional. This is even more apparent in situations such as divorce or matters involving children, as the outcome could be life-changing in regards to your personal or financial situation.

At Lund Bennett, our team of family lawyers based in Manchester specialise in all areas of family law. This means we have a wide range of experience and knowledge at our disposal, having dealt with countless situations involving children and divorce. These scenarios can be extremely stressful for parents, and emotionally traumatic for children, which is why a specialist will prove to be a crucial asset for a swift and smooth resolution.

In-Depth Knowledge of Family Law

Laws change all the time for a variety of reasons, and no matter how minuscule a change is, it should never be overlooked. Many different cases fall under the umbrella of ‘family law’, but these are only a small percentage in regards to the law as a whole. A family lawyer specialises in these specific areas and will maintain an up-to-date knowledge of family law and child law, as well as remain aware of any changes that may affect your case.

A Family Lawyer to Suit Your Needs

Every member of our family law team is an example of the highest-quality family lawyer. With a wealth of experience and a vast range of knowledge pertaining to family law, we have a family lawyer on hand to suit the needs of any client who requires legal assistance. So, whether one of our lawyers handles your matter personally, or as a team when necessary, you will have the peace of mind knowing you’re in safe hands. 

Children and divorce is undoubtedly a tricky and stressful subject, but these feelings can be reduced somewhat when you have a specialist family lawyer in your corner. With years of experience in divorce and financial proceedings, as well as child law, we can guide you to a satisfactory resolution that ensures the best possible future for your children.

Highest Rates of Divorce

  • In 2018, the small Baltic states of Lithuania and Latvia had the highest divorce rates in all Europe at 3.1 divorces per 1,000 inhabitants each. 
  • In the mid-1900s, the Nordic countries had shifted to emphasise individual independence even within the family unit, giving way to higher divorce rates. 
  • As a result of strict family laws, divorce rates in England and Wales are significantly lower than other European countries.

A Short History Of Divorce

Throughout history, Europe upheld a series of strict laws regulating divorce. Around the 1950s, many countries allowed divorce if one partner had committed an unspeakable act like adultery or domestic abuse. However, the 1970s gave way to what is colloquially known as the “no-fault revolution,” in which divorce was permitted if mutually agreed upon by both partners.  

From then on, numerous reforms related to divorce took place, with some countries even introducing the concept of unilateral divorce which legally granted separation if requested by only one spouse. Many experts agree that these new laws made divorce easier to obtain, ultimately contributing to the rise of divorce rates in Europe.

Reasons For Divorce

These same experts generally agree that there are numerous reasons for divorce shared by many countries around the world. Some argue that the overall quality and sanctity of marriage has declined, while others insist that our new modern world has provided individuals more opportunities to meet potential partners after having decided to settle down. Victor Martin Organista, an attorney from Madrid, even claims that people grow more mature and independent as they get older and simply decide to follow a different path than their spouse.  

There are, of course, very specific reasons related to each country, particularly in Europe which is a wonderful tapestry of different cultures and people. For example, divorce was illegal in Spain up until 1981, long after the rest of Europe had already progressed well beyond that. Because of these types of reforms, Spain moved away from its Catholic roots to become more secular. Event though Catholicism frowns upon it, this sudden increase in religious freedom made it more acceptable to file for divorce.

The strange things divorcing couples have rowed over

A TOP lawyer firm has revealed the most bonkers items divorcing couples have fought over – including a Henry the hoover and a doll’s house.

A recent article written by The Sun newspaper has revealed the bizarre items of property that divorcing couples have rowed over.

Pets were a running theme in disputes, with parrots, dogs and even dog clothes being contested. 

But there were also some unsurprising entries, with couples locked in a divorce battle fighting over engagement rings and family heirlooms.

Other trivial things unhappy spouses went to war over were a selection of Star Wars figurines, an antique mirror and a vintage fruit bowl. 

It is very common for some parties to become wrapped up in a dispute over items which are simply not cost proportionate to litigate over. 

With the help of legal representation from Lund Bennett, it is important to try and take a step back and look at the bigger picture, recognising the difference of an item’s value against its worth.

Legal advice: The right steps to take when a relationship ends

More often than not, the breakdown of a marriage or long-term relationship is a traumatic experience. Not only is there emotional distress, but there may well also be serious anxieties around finances and the custody of children.

Following the good legal advice of a reputable family solicitor like Lund Bennett and understanding your rights could, however, go some way towards easing the process.

At what stage during a relationship breakdown should you take legal advice? 

Normally the earlier the better. If you are thinking about leaving your partner or your partner has left you, it is best to get advice from a solicitor specialising in family law as soon as possible to see what your options are.

Why is it so vital to take steps sooner rather than later?

Once the relationship has broken down the family assets need to be divided up. By doing this early on you can ensure there is a fair distribution. It will also help you to move on with your new life once everything has been decided.

How is custody of children determined?

The primary concern is always the best interest of the child – this will always be first and foremost in any arrangement. Depending on the child’s age, however, his or her wishes may well also be taken in to account.

Do entitlements differ depending on whether or not you are actually married?

Yes. Unfortunately, if you are not married you won’t have the same rights as a married couple. In this situation it is therefore even more important to seek legal advice early on in a breakdown.

Missing persons, guardianship and the presumption of death

Looking for a missing person

A missing person may be reported to the police. In addition, a number of organisations offer assistance in searching for a missing person.

Guardianship

A person going missing may give rise to a range of difficult financial consequences, as well as emotional and personal problems.

The Guardianship (Missing Persons) Act 2017 came fully into force on 31 July 2019. It creates a new legal status of guardian of the affairs of a missing person, enabling someone to act in the best interests of a person who has been missing (generally) for 90 days or more. Applications for guardianship must be made to the High Court and, once appointed, guardians are supervised by the Office of the Public Guardian.

Presumption of death 

The Presumption of Death Act 2013 came fully into force on 1 October 2014.

This Act enables an application to be made to the High Court for a declaration that a missing person, who is thought to have died or who has not been known to be alive for at least seven years, is presumed dead. Once it can no longer be the subject of an appeal, a declaration is conclusive as to the presumed death and effective for all purposes and against all persons. The missing person’s property passes to others and his or her marriage or civil partnership is ended.

Both Scotland and Northern Ireland have separate legislation governing the presumption of death.

KIRSTEN BENNETT HAS VAST EXPERIENCE WORKING IN THIS AREA AND REGULARLY ACTS FOR FAMILIES LEFT BEHIND.

For more information please visit our website here

The Family Court and COVID-19

An article from Family Law has suggested that The President of the Family Division, Sir Andrew McFarlane, has published a document entitled ‘The Road Ahead’, aimed at establishing a framework for the Family Court in England and Wales by attempting to chart the road ahead over the next six months or more.

In the early weeks of the COVID crisis most contested fact-finding or final welfare hearings were adjourned (unless they could proceed, for example, with minimal oral evidence). It was no doubt hoped by many that normal working would resume relatively soon and the delay in resolving the contested issues would not be great. It now seems sensible to assume that social distancing restrictions will remain in place for many months and that it is unlikely that anything approaching a return to the normal court working environment will be achieved before the end of 2020 or even the spring of 2021.

Lund Bennett offer a range of services and are Family Law Specialists. If you require our assistance or expertise, please call us today on 0161 924 0079.

Revealed: A surge in Domestic Violence during COVID-19 Pandemic

A report by the Guardian has revealed shocking statistics revealed that domestic violence has surged since the start of the coronavirus lockdown, as the home secretary, Priti Patel, insisted that help for all victims of abuse was available.

The UK’s largest domestic abuse charity, Refuge, has reported a 700% increase in calls to its helpline in a single day, while a separate helpline for perpetrators of domestic abuse seeking help to change their behaviour received 25% more calls after the start of the Covid-19 lockdown.

Data from around the world suggest that the introduction of lockdowns has led to a rise in domestic abuse, with victims unable to avoid perpetrators.

For a minority of financially blessed and happy families, lockdown might seem almost holiday. For most, however, it has unleashed profound stress due to economic pressures, bereavement, sickness — and the unfamiliar experience of being cooped up in small spaces, in many cases juggling kids and, if you are lucky enough, jobs.

For information and support on domestic abuse, contact:

  • Police : 999 press 55 when prompted if you can’t speak
  • Refuge UK wide 24-hour helpline : 0808 2000 247

What is a quickie divorce?

Anyone that reads celebrity news will have come across the term “quickie divorce” at some point over the years.

If you’ve read about Ant McPartlin, Cheryl Cole, Rowan Atkinson, or Louise Redknapp’s divorces, then you may be under the impression that they received special celebrity treatment, a divorce in just a matter of seconds!

These media reports about so called “quickie divorces” are actually very misleading, as all divorces go through the same process, no matter what your celebrity status.

So, what are the media actually referring to when they say that Cheryl Cole received “Britain’s fastest ever quickie divorce”, and was divorced in just 14 seconds?

The part of the divorce process that is being referred to here is how long it took the judge to read out the pronouncement of the first decree.

Once a couple receive the first decree, this does not mean that their divorce is complete, it is simply confirmation from the court that they agree there are grounds for a divorce.

The divorce will not be finalised until the decree absolute has been granted, and unless there are exceptional circumstances the couple must then wait a minimum of six weeks and one day before applying for the decree absolute.

Exceptional circumstances are considered on a case by case basis. The most common reasons for a decree absolute to be expedited is if one person is dying and wishes to divorce before they pass away, or if one party has moved onto a new relationship, is pregnant, and wishes to remarry before the baby is born. Celebrity status certainly doesn’t play a part!
Generally, all divorces in the UK take between 6 and 12 months to complete. If financial matters take a long time to resolve, then the process can take even longer.

For help or advice with filing for a divorce quickly and efficiently, give our team of solicitors here at Lund Bennett a call on 0161 927 3118.