Values shift over the years

Posted on 16/05/2012 by Divorce & Separation Resource

More than 200 times the number of couples divorce today than a century ago, despite there being fewer couples marrying, according to statistics announced by the Office of National Statistics recently.

The figures also showed that England and Wales now have lower birth rates, fewer marriages, and more children born outside marriage each year. The figures were released to commemorate the anniversary of the Titanic sinking last month, and show a large shift in values.

In 1911, the population of England and Wales was 36,070,492, which compares to 62,262,000 in 2010. There has, however, been a drop in birth rates with 843,505 “legitimate” and 37,633 “illegitimate” births registered in 1911. This is equivalent to 24.4 per 1,000 of the population and compares to 723,165 births last year and a crude birth rate of 13.1 per 1,000 of population. Of these births only 384,375 were within a marriage or civil partnership, with 338,790 which would previously have been classed as “illegitimate”.

Also, despite the doubling in population, there were fewer marriages in 2010 than in 1911: 2010 saw around 241,100 marriages while 274,943 marriages were recorded in 1911. As for divorce, this has increased from 580 couples in 1911 to 119,589 in 2010.

For more information on divorce, please contact James Haworth on 0116 212 1080.

The Home Office has launched a consultation on how to allow same-sex civil marriages

Posted on 26/04/2012 by Divorce & Separation Resource

The government has launched a consultation to make the right to marry in civil premises available to everyone. The consultation does stress that churches would not be obliged to hold same sex marriages and that the proposed legislation would be applicable in England and Wales only. The changes to the law would also allow transsexual people to change their legal gender without having to legally end their existing marriage.

Currently, since the introduction of the Civil Partnership Act in 2005, same-sex couples can legally have a civil partnership but not a civil marriage.

It has been pointed out that the proposed legislation – which aims to further equal rights, could in fact discriminate against heterosexuals by allowing same-sex couples the option of either marriage or a civil partnership where heterosexual couples can only marry.

Critics have objected that the consultation is on ‘how’ same-sex civil marriages will be introduced, not whether they will in the first place. Colin Hart, campaign director for the Coalition for Marriage, said: “I always thought that a consultation was about listening to people and asking them their views, before making a decision. Not only are they redefining the meaning of marriage, they’re redefining the meaning of consultation. The institution of marriage is not the play thing of the state, it belongs to society and therefore cannot be redefined by a few politicians obsessed with appearing ‘trendy’ and ‘progressive’.”

However, the proposed change has the support of all three main political parties. Equalities minister, Lynne Featherstone, said that marriage should be open to everyone while launching the consultation: “I believe that if a couple love each other and want to commit to a life together, they should have the option of a civil marriage, whatever their gender. Today is a hugely important step as we consider how to lift the ban on civil marriage for same-sex couples. This is about the underlying principles of family, society, and personal freedoms.”

The twelve month consultation will close on 14 June 2012.

If you’d like more information about forming a civil partnership please contact Alistair Dobson or Janet Hopkins on 01858 445480.

DIVORCED PARENTS COULD HAVE LEGAL DUTY TO SEE THEIR CHILDREN

Posted on 22/03/2012 by Divorce & Separation Resource

An article in the Telegraph recently suggested that Courts will be put under a legal duty to ensure that mothers and fathers are both given access to children in divorce settlements. Any parents refusing to accept the orders will find themselves in contempt of court and at risk of serious penalties, possibly imprisonment.
Campaign groups have argued for years that the father’s role in children’s upbringing should be enshrined in law. In the majority of cases, the present system sees family courts leaving children with their mothers. Figures from the Office of National Statistics show that one in three children, (the equivalent of 3.8million), actually lives without their father.
The decision goes against the main finding of the recent family justice review, run by businessman David Norgrove and published last November. In his final report, Mr Norgrove decided not to include plans to enshrine equal access rights in law. The government’s response to the Norgrove report is expected soon.
Children’s minister Tim Loughton commented: “Our vision is to establish that, under normal circumstances, a child will have a relationship with both his or her parents, regardless of their relationship with each other. We must do everything we can to improve the system so that it gives children the best chance of growing up under the guidance of two loving parents.
All the evidence tells us that children genuinely benefit from a relationship with both parents, with the potential to make different contributions to their child’s development. The culture has shifted away from the traditional view that mothers are primarily responsible for the care of children. Increasingly society recognises the valuable and distinct role of both parents.
We are looking closely at all the options for promoting shared parenting through possible legislative and non-legislative means.”
For information on children and divorce, please contact James Haworth at Lawson-West on 0116 212 1080.

POST-NUPTIAL AGREEMENT OVERTURNED IN HIGH COURT

Posted on 23/02/2012 by Divorce & Separation Resource

A recent High Court decision has awarded an ex-wife a lump sum of £12.5 million, dismissing the post-nuptial agreement made by the parties some ten years into their marriage.

Mr Justice Mostyn concluded that Ms Kremen, the former wife of Russian Financier Boris Agrest did not freely enter into the agreement with a full appreciation of its implications. He felt it was signed under pressure, with an absence of independent legal advice and disclosure.

In addition, the judge commented that it was doubtful that the parties really intended the agreement, which limited Ms Kremen’s claim on divorce to less than one million, to govern the financial consequences of the marriage ending. He also said it would be ‘grossly unfair’ to hold Ms Kremer to an agreement which deprived her of a fair share of a fortune to which she had, in her own way, equally contributed. Furthermore, the agreement did not remotely meet her reasonable needs, and prejudiced the needs of the children.

Of the £12.5m sum Mr Agrest was ordered to pay, some £8.3m was certified as constituting “maintenance”.

Before making a pre or post-nuptial agreement it is advisable to take legal advice to protect your interests and those of your children in the event of marital breakdown. For more information please contact Alistair Dobson at Lawson West Solicitors Limited on 01858 445 480.

DIVORCE – THE RACE IS ON

Posted on 08/11/2011 by Divorce & Separation Resource

It seems that increasing numbers of British spouses are ‘racing’ each other to secure better divorce settlements by instigating divorce proceedings overseas.

Research into more than 700 cases handled by law firm Pannone’s family department over the last two years shows a significant increase in cases involving couples wanting to start proceedings in countries where they believe they might get a better settlement. Pannone also claim that businessmen are more likely than ever to issue proceedings overseas to avoid what they see as ‘wife-friendly settlements’ in British courts.

Pannone Senior Associate Vicki McLynn said: “Husbands and wives are effectively racing to be the first to begin divorces in countries they feel could deliver judgements which are more favourable to their respective circumstances. That is because the differences between certain countries are significant. The increase has been most noticeable in European countries as for most a ‘first past the post’ system operates in which a divorce will be handled in the country where the papers are first issued.

Spouses have to demonstrate some justification for divorcing in a given country. However, because there is now such a large number of people living and working abroad, a growing proportion of individuals qualify.”

In comparison to British courts which can award ex-wives maintenance for life, many other countries are seen as less favourable to non-working and less wealthy spouses, for example by limiting post-marital support to a period of three years.

The European Union recently moved to halt the process of so-called “forum shopping” by introducing regulations to dictate where proceedings should be issued if the couple cannot agree.

For more information on issuing divorce proceedings please contact Alistair Dobson on 01858 445 480 or James Haworth on 0116 212 1080.

Divorce and loyalty…. points

Posted on 03/10/2011 by Divorce & Separation Resource

Divorces are increasingly being delayed by couples rowing over loyalty points and Airmiles according to family law firm Pannone.

As the recession continues to pinch the family finances, arguments about how to split the Tesco Clubcard or Nectar points are sending couples back to their lawyers said Pannone Partner Ed Kitchen: “Establishing a fair divorce settlement involves calculating what someone will lose out on as a result of not being married. Traditionally, that has meant considering things like pensions or health insurance. Now, though, people realise the value of points accrued through loyalty schemes.”

It seems many couples are finding it harder to divide the loyalty points and Airmiles than they are to settle the rest of their finances. With over 30m Nectar or Tesco Clubcard members in the UK and 120m people worldwide part of frequent flyer programmes, loyalty schemes deliver great savings which divorcing couples are loath to sacrifice.

For more information on any aspect of divorce please contact James Haworth at Lawson-West on 0116 212 1080.

Justice Committee reports on Family Justice Review

Posted on 20/07/2011 by Divorce & Separation Resource

A report just published by the Justice Committee warns that family courts will need to be better prepared to deal with litigants in person following the government’s legal aid reforms.

The report on the interim recommendations of the Family Justice Review, said that an increase in litigants in person would be inevitable following the removal of legal aid in the majority of private family law cases, and that the courts would need to adapt to dealing with people representing themselves.

The MPs who prepared the report welcomed the move to require all parties to consider mediation before going to court when divorcing, and also the government’s continued commitment to fund mediation for those eligible for legal aid.

Justice Committee chair Sir Alan Beith commented: ‘Many family disputes could be better dealt with by mediation than in a court. However, there will still be cases which go to court and there will be significantly more litigants in person following changes to legal aid. Courts are going to have to make adjustments to cope with more people representing themselves in what are often emotionally charged cases.’

WELFARE REFORM BILL TO HIT FOSTER CARERS

Posted on 13/07/2011 by Divorce & Separation Resource

Under government plans to cut benefits for social housing tenants deemed to have ‘spare’ bedrooms, foster carers could lose up to £700 a year, campaigners have warned. The Department of Work and Pensions’ Welfare Reform Bill aims to reduce housing benefit by up to 23% for tenants who live in homes that are considered to be too big for their needs. The move will affect a third of all housing benefit claimants of working age in the social rented sector across Great Britain. But the National Housing Federation and the Fostering Network have together raised concerns that these proposals could hit foster carers who live in social housing. In order to foster, foster carers must have spare rooms for fostered children.

However, the government plans would mean they would have to pay a ‘spare room penalty’ and would be worse off as they’d have to meet the housing costs for fostered children themselves. The spare room penalty has been set at 13% for those with one spare room and 23% for those with two or more spare rooms. The DWP suggested people in these situations should ‘move to accommodation which better reflects the size and composition of their household’ – or make up the shortfall in housing benefit from other income sources.

Specialist Domestic Violence Courts set to close

Posted on 18/05/2011 by Divorce & Separation Resource

Under the Ministry of Justice’s cost-cutting measures, more than one in six specialist domestic violence courts are set to close. Introduced in 2005, the Specialist Domestic Violence Court (SDVC) was designed to make it easier for victims to give evidence and so bring more offenders to justice.

Within four years of launching, some 127 SDVC’s has been created. However, 23 of these are among the 142 courts tabled for closure during this parliament, and are located across the country from Whitehaven to Lewes.

The role of the SDVC is to provide independent advisers for victims of domestic violence, along with dedicated prosecutors, specialist magistrates and police officers. An important feature of the SDVC is that it has separate areas to make sure victims are not at risk of meeting their attackers.

C of E GUIDANCE ISSUED ON SHAM MARRIAGES

Posted on 28/04/2011 by Divorce & Separation Resource

Recent statistics show that reports of suspected sham marriages in England and Wales have risen by a huge 66% in a year. In 2010, registrars reported 934 sham marriages compared to 561 in 2009 and just 344 the year before. As the home office continues to clamp down, the Church of England has also decided to issue new guidance to clergy in an attempt to reduce the number of sham marriages taking place in Church. Previously, sham marriages have been used as a means of allowing illegal immigrants to remain in the country, as well as by criminal gangs involved in prostitution, money laundering and people trafficking. In future, couples will have to apply for a ‘common licence’ if either the bride or groom is from a non-European country, which involves the swearing of affidavits and classes. Members of the clergy are also being advised not to publish banns (this is where a couple’s intention to marry is read out in church) for marriages involving a man or a woman from a non-European country. Clergy are further advised to report any suspicions they may have about the validity of a marriage.