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    New rules for Children Act applications
    On Wednesday 22 October 2014, a new rule comes into force for cases involving children. In any cases for Child Arrangements Orders commenced after this date, there will be a presumption that there should be parental ‘involvement of some kind, whether direct or indirect’ with both parents. The...
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    Annulment explained
    There are two ways to annul a marriage. It can either be annulled due to it being void or the marriage can be voidable.Void MarriageIf a marriage is void, no action need be taken as the marriage did not exist in the first place. However, it is sometimes advisable to seek to clarify this by askin...
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    New intestacy rules
    If you have not made a Will, it is advisable to do so to ensure that your money and possessions pass to those you wish to receive them. This is particularly important for unmarried couples.If you die without a Will, the laws of intestacy apply. New rules apply as of 1 October 2014. So, what are ...
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    Mistakes in Wills
    In the recent case of Brooke v Purton, the Judge decided that a Solicitor had made a clerical error in a Will and that the Will could be interpreted in the way it was intended by the deceased, even though it did not say so in the Will itself.The deceased was wealthy and his Solicitor advised him t...
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    Deathbed gifts
    It is possible to make a gift upon death without making a Will – a deathbed gift.The Court recently confirmed the conditions for a deathbed gift, which are: The gift has to be made in contemplation of impending death; The gift has to be conditional - not to take effect until the death of t...
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    The dishonest husband
    The case of Sharland v Sharland will be heard by the Supreme Court in June 2015 following permission being granted to Mrs Sharland.Mr and Mrs Sharland were married for 17 years before they separated. The financial proceedings in their divorce worked its way through to a final hearing in the High ...
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    Litigants in person – the issues
    Yesterday, the Commons Justice Committee heard ‘that litigants in person are not getting fair hearings’ in family cases. This is no surprise to family lawyers.Since April 2013, when legal aid was removed for most private law family cases, there has been a huge increase in people either repres...
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    Unmarried couples and property
    If you own or plan to buy a property together with your partner, make sure your interest in the property is clear in an agreement (Declaration of Trust) and review this agreement should you separate and retain a share in the property.If your interest in the property is not clear and there is a dis...
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    Pension sharing explained
    Pensions are just one form of assets to be divided in divorce or dissolution proceedings. The starting position is the same as other assets, i.e. equality. However, pensions are dealt with in a different way to ‘liquid assets’. When a Pension Sharing Order is made by the Court or agreed by t...
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    Divorce and protecting your business
    When negotiating a financial settlement in divorce proceedings or dissolution or Civil Partnerships, all the assets of both parties are taken into account, including property, investments and pensions. This also includes business interests.Establishing the value of business interests can be expen...
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