Pre-nuptial Contracts - Legally Binding??

Multi-million pound divorce cases could become a thing of the past under government proposals to make prenuptial contracts legally binding.

Judith Middleton, family lawyer at Latimer Hinks Solicitors goes into the proposals further

Consultation Could Make Pre-Nups Legally Binding


Further reading
Law Commission Consultation Paper on Pre-nuptial Agreements

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

Jackson Child Custody Case Highlights Problems with Parental Rights

No-one likes to consider their own death. Will you have led a full life? Will you die prematurely?

It is extremely important, no matter what age you are that you make a will. By doing this you plan for your future and your family's future. It is essential that you seek the correct legal advice.

Michael Jackson's recent premature death has highlighted the issues of what can happen to dependent children.

Judith Middleton of Latimer Hinks Solicitors advises on english law surrounding these issues - Jackson Custody Case Promts Questions

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

ASSIST - Ladies Networking Group second meeting

July 1st is the date for the next ASSIST ladies networking event.

ASSIST is a networking group for ladies in the Tees Valley area. The aim of the group is to "help each other". ASSIST offers a "buddy system". Members will be allocated a PROFICIAM, someone to help/share knowledge with. For more information visit the ASSIST website.

There is obviously a need for this type of networking group - the launch event was a great success and a "sell out". The second event which will be held at the Thistle Hotel in Middlesbrough will hopefully attract the same numbers.

ASSIST members are given the opportunity to present/talk to attendees. Fiona Carter of CMF Solutions has very kindly offered to provide an interactive presentation on “Time Management for Those who Don't Have Time to Attend a Time Mangement Course” – we figure we all need advice in this area, how DO we make more time?!

The rest of the morning will provide an opportunity for further networking.

If you are interested in attending and are based in the Tees Valley area simply contact us at
assistladiesnetworking@hotmail.co.uk. Full details canbe found here
Cost £5 members, £7.50 non members

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.

Katie Price and Peter Andre's Separation - what about Harvey?

Since last Monday when Katie Price and Peter Andre announced their separation they have been front page news - again. Married for three years Peter and Katie had very sensibly arranged for a pre-nuptial agreement to be set up.

BUT, what happens to the children when a marriage breaks up? What are a step-parent’s rights and responsibilities?

Apparently Peter treats 7 year old disabled Harvey (whose father is Dwight Yorke) as one of his own. They also have two other children, Junior and Princess Tiaami.

According to the Mail Online, Katie Price and Peter Andre are planning to meet to discuss who will care for Harvey, seven, Junior, three, and Princess Tiaami, one.

As a result of Katie and Peter's separation, Judith Middleton, a family law specialist at Latimer Hinks solicitors has turned the spotlight on people’s rights in connection with step-children.

Katie & Peter’s Split: Advice to Divorcing Step-Parents

Judith Middleton is a Partner at Latimer Hinks Solicitors an Accredited member of Resolution
and regional spokesperson for Resolution, an association of 5,000 family lawyers.

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

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.