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Vines Legal Limited

Matrimonial & Family Law Specialists

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Call today for your free initial, no obligation, consultation on 01246 555 610 for immediate, friendly and professional advice.

DIVORCE ‘SOURING’ FOR BABY BOOMERS

Known as the "silver splitters", or grey divorcees, these are the ‘baby boomers’ of the post-war era, that despite years of happiness together are now looking to divorce.

Divorce rates show that the rate of separation between couples in their 50s and 60s continues to rise, by over a third in a decade, despite other age separations on the decline.

That is what is worrying Relate, which has produced data showing that people born in the post-war bubble between 1946 and 1964 will be the first generation for whom living alone in old age may be the norm, with all the troubling related issues of caring, loneliness and financial security.

Older couples will often spend a disproportionate amount of time arguing over something of sentimental rather than real value. "A collaborative agreement is almost always best in these cases" says representative from Vines Legal.

Relate has launched an online relationship-checker to help. A key issue is that fractured families can result in less support for older people.

Its research found that those who are married or living as a couple were more likely to be satisfied with life (82%) than those who are single, widowed, divorced or separated (71%).

If you are looking for support and guidance to depart your unhappy marriage, call the friendly team at Vines Legal on 01246 555 610.

By Claire Clark on 25 Jul 2013

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BRITISH PUBLIC BACK CHILD MAINTENANCE

Recent research published by the NatCen Social Research has found that the British public believes the Government should set and enforce child maintenance payments, and should require higher payments than are currently set by the CSA guidelines:

Vines Legal have addressed the issue in previous articles and blog posts about child maintenance and have covered both sides of the story, but there is always new debate about the legislation surrounding child maintenance with the majority of people in this survey expressing they think fathers should be made to pay more maintenance than current specification.

Key facts from the research include:

  • 60% say that the law should set a minimum amount for child maintenance, rather than leaving it to parents to decide.
  • Only 20% agree that the law should never force fathers who are not living with their children to pay child maintenance, compared with 59% who disagree.
  • Parents who have lived apart from their children are a little less likely than others to favour government involvement, still more of them support the government setting (45%)

The last four decades have seen a tripling in the proportion of single parent households, from 8% in 1971 to 21% in 2011 (Office for National Statistics, 2013). About one in three British children have experienced parental separation.

Teresa Williams, Director of Social Research and Policy, Nuffield Foundation said:

"Public opinion is particularly relevant in this instance both because such a large proportion of 'the public' are directly affected by child maintenance, and because the planned reforms to the child maintenance system will put more of the decision-making into their hands."

The full report can be found here.

By Claire Clark on 18 Jul 2013

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LEGAL AID FUNDING CUTS HARM THE UK

In a letter to Government lawyers, the Attorney General has raised concerns that legal aid cuts will "collapse the edifice" of the justice system.

In support to his comments, Lord Neuberger, the President of the Supreme Court, has also expressed his concern, saying “any citizen should be able to take a case to Court no matter how small it may be.”

Changes in the legal aid system, which took place from April this year, meant a raft of cases are no longer eligible for public funds, including divorce, employment, family issues, clinical negligence and housing problems.

The Government hopes this move will save £400m from the annual £2 billion legal aid budget but has met fierce criticism from legal and civil liberty groups.

In a lecture in London on Wednesday evening, Lord Neuberger said not everyone affected by the changes would be able to use no win no fee lawyers to take their claims forward because they will be too small.

He warned: “And there are plenty of claims which are small and important to the citizen concerned, and there are even quite a few claims which are small but important to society.

“In a sense, every genuine claim is important, because every citizen should be able to bring his or her case to Court, and without legal aid many people are prevented from doing so, or seriously disadvantaged when they do so.

“I appreciate that pressures on government finances are very great, but access to justice is of the essence in a civilised society.”

The Telegraph covers legal aid funding in detail, articles can be sourced here.

By Claire Clark on 16 Jul 2013

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SOCIAL MEDIA SINS – THE LAW

Social Media is here to stay, new technology is changing the way news and stories are seen by the ability technology creates to post immediate, live newsfeeds and up to the second information for everyone to see.

Social media news does however, have its draw backs, people being charged through the Courts of Law for not having a clear grasp on the Law applicable online is a huge topic at the moment for discussion.

Recently, a number of high-profile legal cases have exposed this issue further, namely with the case of Lord McAlpine falsely accused on Twitter which is an offence of libel.

Other issues arising from Social Media include:

  • Reporting Sex Offences
  • Breaking Court Orders
  • Contempt of Court
  • Threats
  • Offensive comments
  • Injunctions
  • Defamation

Recent analysis shows that a total of 653 people faced criminal charges in England and Wales last year in connection with comments on Twitter or Facebook.

At Vines Legal, we can work with you to dispel the myths of social media usage from a legal perspective, come and talk to the team today on 01246 555 610.

By Claire Clark on 11 Jul 2013

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BRITAIN’S MOST HIGH-PROFILE DIVORCE

Some of Britain’s most influential business leaders, including Sir Philip Green, Harold Tillman and Richard Caring, face being called to give evidence under oath at the climax of Britain’s most high-profile divorce, says the Independent newspaper who covered the story live last week.

The divorce battle between Scot Young, a property and telecoms mogul and his ex-wife Michelle Young, a former fashion buyer has lasted a bitter seven years.

Michelle says her husband squirrelled away his huge fortune in tax havens around the globe just before the couple split in 2006 and his “friends are, in fact, a conduit for his secreted wealth”.

Mr Young, 51, who claims he lost all his money in a disastrous Moscow property venture, has failed for four years to comply with Court Orders forcing him to disclose documentary evidence of the payments from his powerful and rich friends.

The UK has been captivated with interest by the story of Mr Young, who rose from a Scottish council flat to own a £14m mansion in Oxfordshire, known widely for his elaborate spending.

Despite repeated Court appearances, Scot Young owes his wife nearly £1m in maintenance and £1.28m in unpaid tax.

The original article was published on the Independent website, and can be read here.

By Claire Clark on 9 Jul 2013

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THE SINS OF COHABITATION

Cohabitation versus Marriage is a debate raised often, particularly from a legal standpoint. While both have their benefits, couples often choose to avoid marriage and instead chose to cohabit instead.

Cohabitation is a complex area of family law and one that doesn’t have a clear position from a legal perspective as each aspect is treated differently.

Property ownership for example, means that often cohabitating couples do not hold equal rights to the property, with traditionally, only one of the party completing the legal ownership.

When couples first make the decision to move in together, we encourage you to be clear you both understand who is buying/renting and whether you are paying one or other rent or splitting equally down the middle. Joint rental and mortgage agreements are great, but you must ensure you draw up an agreement detailing what happens if you split. If you aren’t co-owners or both named occupiers on your rental agreement then you have no rights to stay in that property, or to any money from the sale if you split.

Inheritance is another problem area, with hundreds of horror stories printed through the press. Just because couples live together doesn’t mean they are legally entitled to any inheritance when one passes away, in fact often the settlement is sent directly to blood relatives. We encourage everyone to seriously consider the impact of this and draw up provisions in a will.

Money problems are the biggest cause of arguments in any relationship – Cohabitation often facilitates this when joint responsibility of bills and living expenses come into effect. We recommend you have separate accounts for personal money, and anything joint will require both parties signatures to initiate closure of the account as the best resolve in this situation.

At Vines Legal, we often work with couples cohabiting and can advise you before you take the leap to come and discuss your requirements to put the right legal agreements in place to safeguard you both, come and talk to the team today on 01246 555 610.

By Claire Clark on 4 Jul 2013

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IN-LAWS BLAMED FOR DIVORCES

The Telegraph newspaper announced recently that interfering in-laws accounted for as many as 1 in 10 marriage breakdowns in the UK shown by a recent study.

The study involved polls of both married couples and divorcees. It found that almost two thirds had not discussed their future career ambitions or lifestyle choices to decide whether they were truly compatible.

When asked the main cause for their divorce, a third cited adultery and 1 in 7 spoke of compatibility issues while 11% of those polled blamed interfering parents in law as the “main” cause of their divorce.

Previous studies have concluded that couples spend an average of 18 months and £20,000 planning a wedding.

Top 10 main reasons for marriage break down (participants could select more than one):

  • Affair – 33%
  • Selfishness - 22%
  • Personality traits - 14%
  • Abusive behaviour - 14%
  • Different expectations from life - 13%
  • Compatibility – 13%
  • Job loss or debt – 12%
  • Interfering in-laws – 11%
  • Got married too young – 9%
  • Political beliefs – 8%

The original article was published in the Telegraph on the 12th June, and can be read here.

By Claire Clark on 1 Jul 2013

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CHILD SUPPORT AGENCY (CSA) HAS HIT A RECORD HIGH

Child maintenance is financial support paid to the parent that has day-to-day care of the child. The fee helps towards a child’s everyday living costs when the parents have separated and applicable for children that are under 16 years of age, or under 20 and in full-time education.

The parent who doesn’t have day-to-day care of the child (the ‘paying parent’) pays child maintenance to the parent or person who does (the ‘receiving parent’).

Child maintenance is often arranged through the Child Support Agency (CSA) who is dealing with a record high number of applications, the Government has claimed.

4 in 5 parents involved with the CSA now pay for their children voluntarily, according to statistics from the Department for Work and Pensions (DWP). Meanwhile, the number of unwilling parents who have had child support deducted directly from their earnings has fallen by 20% over the last five years.

Work and Pensions Minister Steve Webb said:

“We now live in a society where paying for your children after a break-up is the norm ….Britain is moving from relying on a divisive and unpopular state child maintenance service to parents working together for the sake of their children.”

If you are confused by the latest child support regulations, please call the team at Vines Legal to discuss on 01246 555 610.

By Claire Clark on 27 Jun 2013

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SUPREME COURT RULE ON CHEAT’S CHARTER

The Supreme Court effectively ripped up a “cheat’s charter” earlier this week, that had previously enabled wealthy spouses to hide assets from their ex-spouse, in a bid to reduce a divorce settlement.

This follows from our previous blog, (can be read here) that opened the door on rich tycoons, like Michael Prest, 51, founder of the Nigerian oil firm Petrodel, who hid a number of his properties and concerns through overseas trusts in order to avoid a high settlement to his wife Yasmin.

In this landmark ruling, the High Court, ordered the Nigerian oil mogul to hand over a multi-million pound property portfolio to his ex-wife, even though these properties were owned by an offshore Company.

Law firms across the UK welcomed the decision as a ‘blow against cheating spouses’ who seek to evade their responsibilities using corporate structure".

Claire of Vines Legal in Chesterfield comments “This landmark ruling means that business men and women cannot deliberately ‘hide’ assets in Companies to protect them in the event of a marriage breakdown.”

“Although assets may be owned by a business this case clearly demonstrates that the Court can and is willing to shake the corporate veil, in order to get at the assets.”

If you are thinking of filing for a divorce and are concerned about how you will be affected, please call the team at Vines Legal on 01246 555 610 for a free 30 minute, no obligation, consultation.

By Claire Clark on 24 Jun 2013

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THE FACE(BOOK) OF FAMILY LAW TODAY

New research published by the Divorce Online Blog, highlights the huge significance that social media now has to Family Law in the UK. The study found that 1 in 3 divorce orders list Facebook as a contributing factor, with frisky e-mails via the site being one of the most commonly cited examples of unreasonable behaviour.

Office romances and affairs that once took months to progress are now instant through the likes of social networking sites, like Facebook and Twitter, contributing to a growing population of “virtual friends”, providing an open forum for suspicious behaviour.

This was the first research of its kind to be conducted by Russell Clayton of the University of Missouri School of Journalism, who carried out the initial surveys has now through the publicity generated, acquired further investment to continue this investigation.

Russell who is a doctoral student at the university, advises couples to “limit Facebook usage in order to achieve a healthy, lasting relationship”.

Social networking sites are playing an increasingly important role in the challenging issue surrounding disclosure and privacy in family cases. Traditionally, clients can present documents that they have “found” showing that full disclosure has not been made by their spouse. Now though, they are increasingly presenting social evidence including photographs, wall posts or other information posted on the sites. In this scenario, difficult questions surrounding privacy and the law of confidence arise.

At Vines Legal, it’s our role to fully advise our clients on the wide-reaching implications that their actions on social networking sites may have in future family proceedings.

If you would like to discuss your case, contact the friendly team on 01246 555 610.

By Claire Clark on 19 Jun 2013

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