Month: March 2017

Posted on March 29 2017

8 Tips On Arrangements For Children After Separation


1. If as parents you remain amicable and able to make arrangements for the children yourselves, this really is the best thing you can do for them.

2. Where will the children live and how often will they see their absent parent? Depending on their age and understanding you’ll probably need to discuss these questions with them.

3. There may have to be compromises on both sides but as long as the arrangements are in the children’s best interests that’s okay. Try to agree a routine which everyone can keep to because children who see their absent parent are likely to have better outcomes in terms of social, psychological and physical development. It’s also best if the absent parent remains involved in parenting, is supportive of the children, and provides love and affection.

4.   Children can be just as stressed as adults by repeated moves and long term financial problems. Absent parents sometimes think providing financial support is linked to seeing the children, but regardless of whether the absent parent sees them regularly (for whatever reason) financial support is vital for their long-term wellbeing.

5.   If you can’t agree arrangements please try collaborative law or mediation before going to court.

6.   When the arrangements are in place make sure contact with the children is positive, loving and child focused.

7.   To prevent contact tailing off be prepared to agree new routines and different forms of contact.

8.   What happens if the children don’t see the absent parent? It’s important to explain to them why, and to provide meaningful information about the absent parent.

Phone me on 01962 217640 for a free 20 minute consultation on these important issues.

JUST FAMILY LAW are specialist divorce and family law solicitors offering personalised legal solutions.

Visit our website just-family-law.com

The topics covered in this blog post are complex and are provided for general guidance only. If any of the circumstances mentioned in this blog might have application to you, you should seek expert legal advice.

Mute swan (Cygnus olor) and cygnets, Wolvercote Lakes, Oxford by Charles J Sharp on WikiMedia Commons

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Posted on March 22 2017

6 Things You Need To Know About “Common Law Marriage”

common law marriage partner1.   There’s no such thing as common law marriage but there are steps you can take to protect yourself. Couples who live together have only a fraction of the protection afforded to those who are married.

2.   Unless your home is in joint names, and there’s a declaration of trust, there’s no automatic right to a share, or a fair share. If the worst comes to the worst it may be possible to come to an agreement by negotiation, mediation or collaborative law (or even by going to court) but it’s a legal minefield.

3.   Update your Wills regularly. If your partner doesn’t leave a Will you may end up with nothing and face a complicated and expensive application to the court with no guarantee of the outcome you expected.

4.   Children of separating cohabitees are treated the same when it comes to arrangements for where they’re going to live and who they’re going to see, and the Child Maintenance Service (the Child Support Agency) can help if the absent parent isn’t paying up. But there are significant differences when it comes to lump sum payments, property orders and extra maintenance, and there are special provisions under Schedule 1 of the Children Act.

5.   Nowadays pensions are of utmost importance. Would you be entitled to your late partner’s pension? It’s not guaranteed so don’t leave anything to chance, find out now.

6.   A cohabitation agreement offers some protection but will need regular updating and won’t be binding in court proceedings, particularly if there’s a change in circumstances such as the arrival of children. It also won’t cover for example your entitlement to your partner’s pension if your partner dies before you.

Phone me on 01962 217640 for a free 20 minute consultation on these important issues.

JUST FAMILY LAW are specialist divorce and family law solicitors offering personalised legal solutions.

Visit our website just-family-law.com

The topics covered in this blog post are complex and are provided for general guidance only. If any of the circumstances mentioned in this blog might have application to you, you should seek expert legal advice.

Pair of Mandarins by Francis C. Franklin on WikiMedia Commons

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Posted on March 14 2017

10 Pitfalls of DIY Divorce

 

DIY Divorce1.   Family law is complicated and always changing and you’re likely to find yourself out of your depth. You may regret your DIY financial agreement for the rest of your life.

2.   You may be denied a fair share of the business as your ex has undervalued it.

3.   You might be left with your ex’s debts.

4.   When you’re older you may realise you focused on the value of the family home and not enough on a fair share of the pension. Or you might discover your share of the pension pot (even though it seemed fair at the time) doesn’t provide you with a fair share of the pension income.

5.   Your DIY financial agreement may not include all the assets or liabilities, or may not deal with them fairly, or it may be impossible to put into effect, and you may end up involved in expensive and time consuming court proceedings as a result.

6.   Your ex may not keep to the DIY agreement or may come back for more in the future as you haven’t finalised it as a court order.

7.   You might find yourself accused of child abduction (an imprisonable offence) if you’re an international family and not in agreement about where the children should live.

8.   You may find it impossible to keep things amicable which is damaging for the children.

9.   You’ll miss out on the opportunity of reaching an amicable agreement with the assistance of mediation or collaborative law.

10. You’ll miss out on the expertise and experience of a family solicitor.

Phone me on 01962 217640 for a free 20 minute consultation on these important issues.

JUST FAMILY LAW are specialist divorce and family law solicitors offering personalised legal solutions.

Visit our website just-family-law.com

The topics covered in this blog post are complex and are provided for general guidance only. If any of the circumstances mentioned in this blog might have application to you, you should seek expert legal advice.

photo Just Divorced? by F Tronchin on Flickr

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Posted on March 10 2017

Returning To Poland Following Brexit? 5 Helpful Tips

See February 2019 update, What Does Brexit No Deal Mean For Family Law 

1.   Since the Referendum vote on 23 June 2016 there’s been a lot to think about. Will you be able to stay in the UK? Will you need to seek citizenship? The answers to these questions aren’t known yet. But what about the children if one of you decides to return to Poland, and the other decides to stay in the UK? You need answers and a good solicitor can provide them.

2.   If you aren’t in agreement about where the children should live, the parent who wants to take them back to Poland will need the consent of the other parent (or anyone else with parental responsibility) or the permission of the court otherwise he or she could be guilty of child abduction, an imprisonable offence.

3.   This is a situation where it is vital to take legal advice. The Children Act says the paramount consideration is the welfare of the children and this is the basis upon which the court will make its decision.

4.   The UK is signed up to the Hague Convention and if a child is abducted an application can be made for an order that he or she be returned.

5.   Where are court cases about children heard? Current EU rules say it’s the country where the children are habitually resident. Current EU rules also ensure orders concerning children are recognised in member states and are enforceable. (The UK government will have to decide whether to incorporate these EU rules into national law.)

Phone me on 01962 217640 for a free 20 minute consultation on these complicated issues

JUST FAMILY LAW are specialist divorce and family law solicitors offering personalised legal solutions.

Visit our website just-family-law.com

The topics covered in this blog post are complex and are provided for general guidance only. If any of the circumstances mentioned in this blog might have application to you, you should seek expert legal advice.

photo of Poznań Market Square by Scotch Mist on Wikimedia Commons

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