Divorce - could a new ruling be considered a "Cheat's Charter"?

In January 2010 a business tycoon’s estranged wife (Lisa Imerman) won the right to use 20,000 documents stolen from his computer in her battle for a slice of his £300 million fortune.

In July 2010 Lisa was told she now cannot base her claim on thousands of documents downloaded by her brothers from her husband’s computer.

The recent judgment effectively says that helping yourself to documents belonging to your partner for use in divorce could become a thing of a past with many spouses now being able to hide assets which would otherwise be brought into account in the divorce settlement. Spouses who find documents or emails revealing their husband's/wife's wealth cannot use them in divorce trials. It is now considered unlawful, could breach a person's rights and also be a crime.

Divorce lawyers are calling this judgement and a ‘cheat's charter’.

Judith Middleton, Family Lawyer at Latimer Hinks said speaks out

Multi-millionaire Divorce Sparks Law Change

Without a Will There Can be Disappointed Relatives

According to new research from Which? Legal Service:

• 56% of people surveyed do not have a will


• 33% of those over 45 have yet to make a will


• 35% aged over 65 feel that they don't need a will
  

Latimer Hinks is concerned that many people do not have a will, wrongly assuming that everything they own will automatically go to their spouse/partner or children. The distribution of estates where someone dies intestate (without a will) has recently changed the level of the statutory legacy – the amount a spouse or civil partner will receive.

For a widow(er)/civil partner where the deceased has children the statutory legacy has risen from £125,000 to £250,000. So, for most estates with a value of less than £250,000 the whole of the estate will pass to the surviving spouse or civil partner.

BUT if a couple are living together but have not made the union legal (by way of marriage or a civil partnership) and have not made wills then their estate will not pass onto the survivor.

The Which survey found that:

66% of couples did not know that their children would inherit if the coulple was not not married/had not entered into a civil partnership.

Today it is far more common for people to have been married more than once. A will can be vital in ensuring that any assets someone leaves go to the people they want to benefit, particularly if there are children from previous relationships.

77% did not realise that if both parents were to die, failure to appoint guardians for their children could result in the courts having a say in their future - and they could be raised by someone the parents wouldn't have chosen.

Michael Jackson's recent premature death highlighted the issues of what can happen to dependent children. Jackson Child Custody Case Highlights Problems with Parental Rights

The Which study also revealed:

43% were unaware that if a couple were separated but not divorced, that the estranged partner could inherit the bulk of the estate rather than the current partner or children.

For the full press release visit Without a Will there Can be Disappointed Relatives

For more information on who can inherit visit AdviceGuide

Please, take the advice of a professional legal adviser and ensure that if you have a will that it is up to date!

Advice for Divorcing Couples Hit with Recession

The depressed housing market and current economic climate is taking it's toll on divorced couples.

divorce sale sign signs canada britain uk
Originally uploaded by thefirstnoname

Unable to sell their property and "move on" many couples have made the decision to "live apart, together".

Judith Middleton, partner at law firm Latimer Hinks comments on new on-line advice and provides tips on how to "live apart, together" (there's even a wikipedia entry for it!)

Below you'll find further articles on this modern phenomenon:

• Recession and Divorce, living together to make ends meet - thanks to Blogher
• Two Exes, One Roof

When is a Wedding not a Wedding?

Gone are the days of a quick trip to the church followed by a sit down buffet at the local pub to celebrate a wedding. Marriages can cost tens, if not hundreds of thousands of pounds. When spending this amount of money it is worth checking that your dream wedding is ACTUALLY legal.

When is a marriage not a marriage?

1) when you play around with your vows!

Judith Middleton, partner at Latimer Hinks warns that personalising wedding ceremonies could mean that some couples may not be legally wed. Leaving out key words from wedding vows may mean they do not comply with marital laws. See the full story: When is a Wedding Not a Wedding

2) when you have been married to a friend ordained online!

A couple from Conneticut had their ceremony performed by a friend who had been ordained online by the Universal Life Church. Having heard of other couples who were married that way, they assumed it was legal. But Connecticut is one of a half-dozen places that do not recognize marriages performed by someone who became a minister for the sole purpose of marrying people. See the full story: Great Wedding But Was It Legal?

I'm sure there will be many other examples of Non legal marriages however, i'll keep this blog short. If anyone would like to provide other examples, please feel free.

National Family Week - consider the children after divorce

As we celebrate national family week in the North East (25-31 May) let’s not forget that families come in all shapes and sizes, and that the end of a relationship doesn’t have to result in the breakdown of a family.

At Latimer Hinks, Judith Middleton our family law partner sees separating parents daily who desperately want to help their children to deal with the effects of divorce and separation, but they often don’t know where to turn for information, advice or support.

Judith is an accredited member of Resolution, the national family lawyers association. Resolution has developed a “Parenting after Parting” initiative, which aims to help separating parents through this difficult time with advice and information on how to talk to children about divorce or separation.

Help is available online at www.resolution.org.uk/parentingafterparting, which offers practical help with ways to help children going through these situations as well as details of parents workshops, designed to support parents in managing the impact of divorce of separation for their children.

For those of you wishing to entertain your children during National Family Week take a look at all of the activites on offer throughout the UK

Family Courts: New Rules Won't Create an Open, Transparent System

In a move to boost public confidence from 27th April the media have been granted family court access.

Before this the public and the media have not been allowed to court in order to protect families, particularly children.

Justice Secretary Jack Straw said the move was a step towards a new culture of "greater openness" in all courts.

Family courts make decisions, such as whether children should be taken into care or put up for adoption, or given contact with parents who are divorcing. They also decide on custody and how finances should be split.

However, there have been claims that the secrecy of the hearings has led to injustices, with some children taken wrongly into care.

Judith Middleton, Partner at Latimer Hinks and Regional Spokesperson for Resolution has warned that the new rules, rushed in by the government, represent a missed opportunity to allow thorough and effective public scrutiny.

Judith believes that new rules won't create an open, transparent system

Thinking of Marriage - avoid stress & heartache - get a prenup!

Pre-nuptials - not terribly romantic but setting up a pre-nup agreement can help to avoid considerable stress and heartache if a marriage were to break down.

In a recent landmark case, a woman who had already accrued some £18 million in divorce settlements from three previous marriages dropped her claim to a share of her fourth husband’s £45 million fortune thanks to the prenuptial agreement she had signed before the marriage.
The prenuptial agreement was signed on 16 November 2005, and its terms recorded that 'neither party should apply to any court in any jurisdiction for any order for financial provision of any kind based on the marriage.”

However, Susan Crossley, after filing for divorce, sought to go against the pre-nuptial agreement by applying for financial relief from her husband. This was challenged by Stuart Crossley but it was argued that he had not disclosed assets that formed the basis of the agreement so there should be formal financial disclosure. The judge agreed with Stuart Crossley, ordering that the documentation for financial disclosure need not be filed.

Stuart Crossley holds on to his £45 million fortune!

Pre-nuptial agreements are not legally binding in the UK but they can be taken into taken account by the court when deciding how to distribute the assets on a divorce.

Judith Middleton, Family Law partner at Latimer Hinks comments on the Crossley v Crossley case

So, to be on the safe side (not the romantic side) a preputial agreement is worth bearing in mind - and it's not just for the rich and famous out there!

Madonna's Divorce provides PR Opportunity

On The Radio.
Originally uploaded by Neuenschwander.

Here at Latimer Hinks, fee earning work is obviously a priority - easpecially in today's financial climate.

However, current affairs often provide an need for "immediate" action and the recent Madonna/Guy Ritchie secenario provided the opportunity - it will also enable Judith to show herself as an "expert" on divorce matters!

However, these opportunities can also backfire a little. Yesterday morning we had arranged for Judith Middleton, our divorce partner here at Latimer Hinks to be interviewed on Radio BBC Tees today in connection with what was initially going to be Madonna & Guy Ritchie's Split.

BUT as everybody knows, yesterday afternoon they released a statement indicating that they were to DIVORCE!

Judith's interview will now need to take a slightly different approach.

Here's the link to BBC Radio Tees

Judith will also be speaking with Alpha Radio later today.

It's all good fun!

For further divorce trivia/insight/lighthearted views see Judith's Divorce Blog

Credit Crunch becomes Factor in Britain's Divorces

AnKara
Originally uploaded by Ape Iron

We're all feeling the financial squeeze - the credit crunch!

The increase of energy, petrol and food prices combined with a shortage of credit is stretching couples to the limit and many are separating as a result.

Judith Middleton, family partner at Latimer Hinks has seen an increase in divorce work over the summer holidays - which usually provide a lull in divorce enquiries. For the full story click the link below.

Judith Middleton Warns of Post-Summer Divorce Peak

Should Pre-nups be Legal in the UK?

wedding
Originally uploaded by Jakeymeyers

A prenuptial is a contract between two people about to marry that spells out how assets will be distributed in the event of divorce or death. It usually lists the assets and debts of both parties, and also states what each person's property rights will be after the marriage ends, either through divorce or death.

If a couple divorces, a prenup helps a lot in dividing the assets smoothly between the two. A pre-nup allows the couple to spell out what they expect from each other financially, and creates a more harmonious union with fewer conflicts, now and in the future.

Pre-nups are not binding in the UK although judges can take them into account during divorce proceedings - as seen here Should you Bother with a Pre-nup?

BUT... The Law Commission is to consider plans to bring the legal system in England and Wales in line with other countries. It will look at whether pre-nups should be upheld by the courts and under what circumstances.

Judith Middleton, partner at Latimer Hinks welcomes the plans and look sforward to less acrimonious divorces in the future - Darlington Lawyer Welcomes Move to Make Pre-nups Legal

Celebrity Couples & Amicable Divorces

Divorce Drawbacks
Originally uploaded by Architectural Orphans

Half of marriages in England and Wales could end in divorce - usually a hostile divorce!

It's time to look at how "switched on" celebrity couples seek an amicable alternative to bitter divorce battles such as the Heather Mills and Paul McCartney case.

Many celebrity couples are embracing collaborative law or mediation to resolve their differences.

Robin Williams Divorce

Chantelle & Preston Divorce

Abramovich Divorce

Chris Evans & Billie Piper

Judith Middleton, Partner at Latimer Hinks provides further information here - Celebrity Couple & Amicable Divorces

More information can be found hereDivorces_ How You Can Work It Out

Who Gets the Cat?

victim of divorce
Originally uploaded by arimoore

An estimated one in three marriages ends in divorce and this week marks the busiest time of year for divorce lawyers

Breaking up is a bleak time for all involved. There can be many victims in the divorce process. Acrimonious breakdowns can have a devastating effect on families, especially children, and should be avoided at all costs

Here, Judith Middleton, partner at Latimer Hinks talks about Collaborative family law - a relatively new process which aims to reduce conflict.

Whilst searching for acrimonious divorce material I came across the following quirky story:

A Romanian pensioner asked for a divorce after only eight months when his wife's cat ate his two pet parrots.
Sandu B, 67, from Focsani, wants to divorce his wife, who is 20 years younger than him, on grounds of incompatability.
He told the court that "the drop that filled his glass of sorrow" was when his wife's Burmese cat devoured his two parrots.

Who gets to keep the cat??!

Success Happens Here - Judith's Divorce Blog

Success Happens Here
Originally uploaded by *Fly*

For those of you who have read my blog Social Networking Guineapig from the start, you will know that the reason for blogging in the first place was to promote the family law department within Latimer Hinks Solicitors.

The department, headed by Judith Middleton was in need of a promotional "push". Family law is a difficult service to "sell" as most Clients prefer to have a divorce lawyer recommended, that way the service has been "tried and tested" by someone you trust.

I decided to implement Web 2 in the quest and introduced Judith (and myself) to the concept of blogging, bookmarking and RSS feeds. We had to learn from scratch!

I'm now going to report on the success of the blog via a method which we did not initially consider - online newspapers!

Judith's Blog appears on The Northern Echo Readers Blog page and The Journal Live Blogs (Judith's is listed in the right hand beige column) Readers of these newspapers are local to us.

• Through them:
  we reach a wider audience within our cachment area
  we are promoted to a wider age range
  we present and accessible, expert service/advice

Basically, blogs are GOOD! They are a great promotional tool which used correctly can generate online traffic as well as traffic through the front door.

You can read through our trial and error process on this blog.

Christmas, Divorce and Grandparents

divorced
Originally uploaded by p2a2

When it comes to divorce/separation it's often the extended family that lose out

With more and more parents working, grandparents have increasingly been pressed into service as childcarers. They play a substantial and vital role and according to a recent survey, 64% of families with working parents rely on grandparents for at least some of their childcare, of which for most there is no charge.

But what happens when their child faces divorce/separation?

A grandparent may have provided daycare for the children 5 days a week, but will have no right to apply for contact in the event parents separate. This will undoubtedly have an effect on their relationship with their Grandchildren.

Judith Middleton explains the available options - Keeping In Touch with Grandchildren After Divorce

Further information for Grandparents is listed below:

Grandparents Rights - To encourage the Government to grant legal rights to grandparents in family law to benefit child welfare.

Grandparents Apart - campaign for greater respect of Grandparents and older people in Scotland

Grandparents Association Website - resources and advice for Grandparents

Anne Robinson - Weakest Link will be Litigation

Judiths Divorce Blog made a comment on Anne Robinson (of the Weakest Link).

Latimer Hinks have since released a press story encouraging divorcing couples to reach amicable decisions BEFORE divorce proceedings start.

Litigation is the Weakest Link in Divorce Disputes

Blidgets and Widgets!

Some form of new insect/disease? Not at all, simply take your blog, make it into a widget and share it with the widgetsphere.

What’s a blidget?
A blidget is a widget that contains your blog. Other people can place your blidget on their sites, increasing your exposure.

Why should I want a blidget?
A blidget drives readers to your site.
Many bloggers like to show support for the other blogs they read, and like to provide their readers with related articles they might like. Everyone who goes to their blog is instantly given a sneak peak into yours.
Some of our blidgets quickly gain hundreds of subscribers — that is, hundreds of people put your blidget on their site, providing their readers exposure to your content.

I decided to give it a go.

If you look at the right hand side of my blog you will see Judith's divorce blog's blidget. What a mouthful! Judith made her blog into a widget and i was able to add it to my blog. Any changes that are made should show instantly.

It's a direct link to Judith's Divorce blog and whatever topic you wish to view if you click, will take you directly to that topic.

I think that this is a great way to share promotional tactics. Any thoughts?

PS: the widget/blidget came from Widgetbox

Judith's Divorce Blog

As mentioned earlier, Judith Middleton is part of the Latimer Hinks Guineapig experiment. Judith has "launched" a blog called Judith's Divorce Blog - it seems to be doing really well. I just hope that i have as much success with the Guineapig blog.

Judith's blog is very informative but in an easy/approachable going manner.

Whenever Judith posts a Latimer Hinks press release we tag it in Delicious &Technorati and post it to the blog.

If you have any comments/advice you'd like to give, please feel free. We are striving to learn as much as we can about social networking and are probably going the long way about it so any advice would be greatly appreciated.