PENSIONS AND DIVORCE

Jul 27 | 2018
Litigants in person (i.e. people who represent themselves in a Court case), should be aware, that whilst it is relatively easy to complete the divorce petition and there are many firms or on-line agents who provide you with the documents and a brief explanation of the grounds  (Owens -v- Owens has changed that somewhat because proving a ground is not always that easy), it is still important that the finances are sorted before the Decree Absolute (DA) is obtained.  If you obtain a DA before the financial provisions are sorted, it could have a severe detrimental long term effect on your future security.  If the pension rights are not sorted before the divorce is made absolute, then the spouse could lose all rights.  Is it worth the risk? Our family page explains the divorce procedure.

HOW LONG DO YOU HAVE TO MAINTAIN YOUR WIFE AFTER A DIVORCE?

Jul 27 | 2018
In a recent Court ruling (the case of Mills-v-Mills), the Court found that Mrs Mills could no longer look to her husband as her 'meal ticket for life' and that she has a duty to make her own financial provisions in the long term.  Although this case involves a husband and a wife, it could work equally regardless of the gender.  It now appears that the Court is more inclined to order a clean break between the parties.  A clean break means that the Court divides the financial pot at the end of the divorce process, so it gives more certainty to the parties for their future.  It is now important that anyone in a long term relationship makes provision for their future rather than rely upon the support of their spouse.  Obviously, if this is impossible, then the parties require robust legal advice and support.  Lis Evans can assist you if you have any queries regarding this case and how it effects you.

CONTESTED DIVORCES OWENS-V-OWENS

Jul 27 | 2018
A 68 year old woman (Mrs Owens) was told that she must remain married to her husband because the Court found that she had not made out sufficient grounds to divorce her husband.  In England and Wales, if you wish to divorce your husband/wife you have to evidence that their behaviour was so unreasonable that as a result, the marriage had irretrievably broken down.  On this occasion, the Court found that those grounds were not adequately made out, that Mr Owen had not acted in a manner that could be considered unreasonable.  Mrs Owens must now evidence that she has lived apart from her husband for a continuous period of 5 years before she can re-apply to divorce him.  Maybe time for a change in the law? Lisa Evans can advise you on whether you can divorce on the grounds of unreasonable behaviour.

The Telegraph: Japanese knotweed: Court rules that landowners can claim damages if plant invades their property

Jul 27 | 2018
Landowners will be able to claim damages if the "pernicious" plant Japanese knotweed has encroached on their property following a Court of Appeal ruling. Read the full story here https://www.telegraph.co.uk/money/consumer-affairs/japanese-knotweed-ruling-landowners-can-claim-damages-plant/ If you are experiencing problems with Japanese Knotweed call us for a free 10 minutes consultation as soon as possible on 0330 123 1131

LEGAL AID FOR HOUSING CASES

Jul 27 | 2018
There are only 7 law firms in Wales who hold a housing legal aid contract to provide advice and assistance to tenants making claims against their landlords.  There are only 243 for the whole of England.  Legal aid is only available for cases where the tenant is at threat of immediate homelessness, and if there is disrepair, legal aid is only available where there is a serious risk to the life and safety of the tenants who occupy the property.  It is very restricted and only available to a small number of tenants.  If you need to bring a claim and you do not have the funds, there are options available, some law firms offer NO WIN NO FEE, but try and ensure that the firm can offer you ATE (after the event insurance) to protect you from not being successful.  Some firms offer deferred payment schemes (the firm is only paid when you the client is paid damages [compensation] by the Landlord). Newbold Solicitors offer both schemes and not only that, are a leading expert in the area of law.  

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