Forths Solicitors of Yarm

checking your Marriage certificate

Alison Skene — Thu, 09 Aug 2012 11:30:09 +0000

Always check your certificate after the ceremony. Is the date right? Are all names spelt correctly? If you do not and then you divorce the process of correcting it can be long and normally both of you will need to agree to corrections and produce official documentation. This is fine if you are still together but a problem if you have separated and are no longer in contact .Also it may be that someone has made an error in the procedure and you might not have one at all . Better to know sooner rather than later, if you leave it until later it may be difficult and expensive , perhaps impossible to resolve.

What is Form A?

Alison Skene — Wed, 08 Aug 2012 14:59:28 +0000

If you ask the court to resolve the finances on a divorce it is literally the case of ABC. The application form is called Form A in most cases. Form B is used only occasionally and applies to special circumstances. The most significant form is the financial statement this is Form E.

For more specific information on the Forms please contact us

The friendly face of collaborative law

Alison Skene — Tue, 17 Jul 2012 16:06:39 +0000

Collaborative Family Law North East has just launched its brand new website. It is colourful and informative. Plus you can see what we look like and despite the fact that the picture was taken on a cold windy January afternoon; we are still smiling. See if you can spot me in the picture

Why not take a look for yourself

http://cflnortheast.co.uk/

can they just take my children to live abroad?

Alison Skene — Thu, 31 May 2012 14:40:04 +0000

You cannot just do this without the consent of the other parent or an order of the court. If you just take them you may be prosecuted for abducting them, also the children are likely to be ordered to return to this country if the country they are taken to is a signatory to the Hague Convention. You must consult with the other parent and seek legal advice Each case will be decided on its on facts and what is considered to be in the children’s best interests will be ordered.

Cautionary tale – lack of planning permission

Alison Skene — Thu, 31 May 2012 08:37:40 +0000

In a recent case a man and his wife built a large mock castle like home on their land. They deliberately did not apply for planning permission, but instead hid their home from view with a 40 foot pile of straw bales surrounding it.

They waited for 4 years leaving the bales in place and then they unveiled their new home stating that as it had been there for 4 years the council were prevented from taking enforcement action against them for the lack of planning permission.

The Planning Inspector and the High Court however took the view that the property was not substantially completed until the bales had been removed and therefore the 4 years period ran from that time and not from the time that the building work on the castle was completed.

The result is likely to be that the castle may have to be demolished as it was constructed without permission.

This with other cases has lead to a new power being given to local Planning Authorities to apply to the Magistrates Court for an order allowing the Council to take action after 4 years have elapsed from the substantial completion of building works. This will be possible if the breach of planning requirements has to any extent been deliberately concealed and the court considers it just to give the permission to enforce the lack of planning consent even after 4 years following the completion of the building works.

Child tax credit cannot be split between separated parents

Alison Skene — Thu, 31 May 2012 08:16:45 +0000

The Supreme Court ( previously known as the House of Lords) has decided that Child tax credit should be paid to the parent who has main responsibility for the child if the parents are separated. This will normally be the parent who receives Child Benefit payments for the child. This rule applies even if the child spends long periods with the other parent under a shared care type of arrangement.

How much is the statutory legacy?

Alison Skene — Mon, 23 Apr 2012 10:59:54 +0000

If you die without a will, the state decides what happens. If you have children your spouse / civil partner receives a lump sum of £250,000 of your property that would have passed under your will provided they survive you by at least 28 days . This can be the whole of your estate if it does not exceed £250,000. If you do not have children the amount increases to £450,000.

Pre Conception Agreements

Alison Skene — Tue, 17 Apr 2012 14:38:08 +0000

There have been a number of cases involving children conceived for same sex couples in a Civil Partnership with the child being the biological child of one of the Civil Partners.

It is recommended that considerable thought is given pre conception and before the birth as to what relationship the child will have with the parent who is not in the same sex relationship.

It is also felt useful to decide on what contact the child will have with them, what maintenance will be paid, what they will call them, and to what extent they will have the right to be consulted in decisions concerning the child, whether the Civil Partner will be granted parental responsibility and for there to be a written Parenting Agreement about this.

It is also sensible to consider taking legal advice about this.

The Agreement will be an indicator to any court as to what was envisaged, but the court’s decision will be based on what has actaully happened and also on what is in the best interests of each individual child.

Courts recognise that Parental love can be all consuming and beyond the imagination prior to the birth of a child and what is agreed may well not be what is ultimately sought or what is ultimately in the child’s best interests.

No More Swearing Required

Alison Skene — Tue, 17 Apr 2012 14:24:30 +0000

As from 6th April 2012.

Statements in Support of a Divorce Petition replace Affidavits in Support. Affidavits were sworn on the bible or affirmed. Statements contain a statement that the contents of the document are true. Form E Financial Statement also no longer need to be sworn. This means a saving of £5.00 to £9.00 will now be made on an average divorce where the finances are not in dispute, and £10.00 to £14.00 where they are.

1st Civil Partnership appeal decision

Alison Skene — Wed, 04 Apr 2012 13:18:54 +0000

The court has just decided on an appeal following an 11 year relationship including 2 years civil partnership- of which they lived together 7 months . It used the same factors as apply on a divorce to decide what was a fair split of assets. It took into account the fact that some of the assets were brought into the relationship and acquired before it and made an unequal split of assets to reflect this. There was a large gap in earning capacity between the partners , but it does not seem that maintenance or an enhanced lump sum in lieu of maintenance were considered in the case. It is somewhat unusual to exclude all of the assets brought into a relationship , but this case was one where needs, even generously assessed could be reasonably and comfortably met without taking them into account. The best advise is to consider entering into a Pre Civil Partnership Agreement before you enter into a civil partnership or a living together agreement at the start of your relationship if you do not at that time intend to become civil partners.