Archive for the ‘Family’ Category

Divorce Rules Make Life Easier for Laymen

There have been several quite big changes to divorce law with an approach based on mediation being the most prominently reported change. Lawyers are also changing their approach to divorce and many are now offering different and creative fee structures for different types of divorces, such as where all matters are agreed and there are no children or where children are grown up and have left home. In these cases the exercise is largely a paper processing exercise where it needs to be cost effective for the client to decide to rely on experienced divorce solicitor. This kind of flexibility and client centred approach separates the "old school" type lawyers from the more progressive practices such as Solicitors in Manchester.

Another quite significant change is the greater acceptance of prenuptial agreements by the courts and the tendency to use different, less legal language. This is welcome as many of the concepts are really quite straightforward and use of antiquated terms or latin really does not reflect the modern world and where more individuals are dealing with sat least some aspects of their legal needs themselves. Below are some of the changes made to a number of divorce related terms.

  • Ancillary relief has been changed to Financial order
  • Divorce decree has been changed to Matrimonial order
  • People with mental incapacity are now referred to as Protected parties
  • Guardian ad litem is now called children’s guardian
  • The term Next friend is now Litigation friend
We can guide, assist and represent on all aspects of divorce and family law, so please get in touch.

Cohabitation Case Goes to Supreme Court

You may think that if a property is initially bought by an unmarried couple with equal shares in the equity that this will mean the shares will stay the same but it isn’t necessarily the case, even though there is an initial presumption of equal ownership,  as a case which has gone all the way to a Supreme Court ruling has decided.
In the case in question the couple had split up after 8 years together, following which the man stopped paying the mortgage and any other outgoings. He still claimed equal ownership but the Supreme Court has decided that the woman is entitled to 90% of the equity based on her payment of the outgoings for the property for many years after the man moved out.
This case highlights the importance of having a proper declaration of trust when buying a property which sets out in more detail the position on co-ownership and will also assist in circumstances where one party wants to sell but the other does not.
This site has other resources relating to family law and conveyancing and many other legal topics so please get in touch for further information and guidance.