Electronic Wills

Up to 40% of adults die each year without a Will. There are various reasons for this, but one main reason is thought to be a direct result of people simply being put off by outdated laws, and the costs involved in making a will. Under these circumstances, it may appear easier for an individual to simply avoid the subject and not make a Will. Unfortunately, this means that if an individual dies without a will, the estate will be distributed under outdated Intestacy laws, under which there is no guarantee that the estate will be distributed in accordance with the deceased’s wishes .The Law Commission has branded the current system “outdated” and is currently considering proposals on how Electronic Wills could reflect the modern age in which we live.

Planning your wedding? Don’t forget the pre-nup!

Wedding season is in full swing and many couples are busy organising their wedding venue, decorations, videographer and photographer and much more. The only financial security usually obtained is wedding insurance but there is a much bigger picture to consider.

No-one likes to think about the worst case scenario especially whilst planning what should be the happiest day of their lives. However, consideration should be given to a pre-nuptial agreement which if completed correctly can be your insurance for your future and can protect your assets.

Are grounds for divorce different in same-sex marriages?

For the most part, the grounds for divorce in same-sex marriages are the same as that of an opposite-sex marriage. However, under the current system same-sex couples cannot use adultery as a ground for divorce. This is because the definition of adultery involves engaging in sexual intercourse with a person of the opposite sex.

So, does this mean that if your spouse has an affair with a person of the same sex that you are unable to use their actions as a grounds for divorce? Not quite, as although in this scenario you would not be able to use adultery as grounds for divorce, their actions could still be used as a ground for divorce as they could fall under ‘unreasonable behaviour’.

How to end a civil partnership

Divorce is one of the hardest and most upsetting experiences that can happen in our lives. Yet, one in three marriages in the UK is now said to end in a divorce.

For those of us in a civil partnership, we can also encounter severe problems that unfortunately can’t be resolved and require an end to our relationships. While the ending of a civil partnership is not technically called a divorce, how it happens is very similar. Here we will explain the exact steps that need to be taken.

Converting a civil partnership to a marriage

In the UK, couples who are in a civil partnership are now able to convert their partnership to a marriage and there are a number of reasons why it can be beneficial.

First of all, in some countries civil partnerships are not recognised in the way they are in the UK. This means that if you are living abroad you might not enjoy the same rights as a married couple.

Being in a civil partnership can also present other issues in daily life such as being forced to state your sexuality on forms by declaring that you are part of a civil partnership. Many situations also force you to refer to your partner as your civil partner, rather than a husband or wife. In general, people often feel that there is a feeling of segregation around being in a civil partnership, which is not present when you are married.

How to legally change your gender

If you are looking to legally confirm a change of gender, you can apply for a Gender Recognition Certificate with the help of a solicitor. Here we will outline some key information regarding legally changing your gender in the UK.

In order to be legally recognised as your chosen gender in the UK you must first apply for a Gender Recognition Certificate. While changing your gender with banks, schools and official documentation such as your driving license or passport is relatively straight forward, it does not presently change your legal gender. However, under the Gender Recognition Act (2004) a route has been created for transsexual people to be able to legally change their gender.

Why business owners should consider prenuptial agreements

Divorce has an impact on almost every area of your life and your business interests are rarely immune to that. When it comes to making a settlement with your spouse, you may be forced to give up as much as 50% of your wealth, and depending on the nature of your business this could include your business assets. However, increasingly pre-nuptial and post nuptial agreements are being recognised by the courts and taken into account when deciding upon financial settlements and could allow business owners to protect their companies from the impact of a divorce.

Why it’s important to be honest in divorce proceedings

When a marriage breaks down and is headed for divorce, both parties are encouraged to be fair and honest with each other regarding their finances. This allows for the court to reach a settlement which is reasonable. There is a temptation for spouses to misdirect their partner and the courts over the value of their assets, but as two recent cases show this is rarely a good idea.

Sharland and Gohil

An example of the importance of being honest about your finances is the case of Sharland and Gohil. These two high-profile cases involved divorce claims which were brought back to court on the basis that finances were deliberately concealed and the court misled.

How to limit the damage to your business from divorce by planning ahead

One of the biggest mistakes that you can make as a business owner is to not give your company adequate protection against a marital breakdown. Business entrepreneurs often put in place contingency plans for a number of different scenarios from insurance for fire and disasters to company policies which prevent data theft and cyber attacks. Why then do so few businesses prepare for what will happen to their business if a business owner’s marriage breaks down?

Divorcing when you own a business together

The breakdown of a marriage is often difficult enough and there are lots of decisions to make, but throwing a business into the mix can make things all the more difficult, especially when you started the company together or share an interest in it.

According to figures from the Institute of Family Business, there are more than 3 million family businesses that currently operate in the UK. Family businesses tend to operate on mutual trust and all too often overlook the importance of putting pre-emptive measures in place like pre-nuptial agreements and post-nuptial agreements. These types of measures can help to prevent putting your business at risk further down the line if problems arise and a marriage breaks down.

What is Parental Responsibility?

For many of us, Parental Responsibility will never become an issue in our families.

However, when family life becomes complicated, Parental Responsibility can play an important part in decisions that are made by the courts, particularly in issues such as divorce, custody and decisions over a child’s upbringing and future.

By law Parental Responsibility is defined as “all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property” which explains the role of the parent in relation to their child until the child turns 18 years of age.

Parental Responsibility might come into play in a number of different circumstances. These include when naming a child, choosing their religion, where they live, what medical treatment they might have and how they are educated. These are decisions which can become complicated after a divorce or separation and may sometimes need the involvements of solicitors and the courts to resolve.

My ex wants to move abroad with my child, what can I do?

No parent may remove their child from the UK without the permission of anyone else with Parental Responsibility such as another parent, or without an order from the courts.

This means that if your ex and parent of your child has decided that they wish to return to their country of birth, or start a new life somewhere abroad they must seek out your permission so long as you have Parental Responsibility.

However, if you decide that your child moving to start a life abroad is not in their best interests then you have the right to refuse their request.

What should I do if I want to take my child on holiday and their other parent doesn’t agree?

Whether you are taking your children abroad for a day trip to France, a weekend in Rome or a summer long trip with your relatives in India, there are legal rules regarding taking a child out of the UK.

If your child lives with you under a Residence Order or a Child Arrangements Order then you will able to take the child abroad for up to one month.

However, if you are planning a holiday with your child and are not travelling with the other person who shares Parental Responsibility then you will need to ask for written permission, otherwise you could run the risk of being charged with child abduction.

In International Leave to Remove your child’s needs come first

It is often a sad time when a relationship comes to an end, but when there are children involved it can be even more painful and complicated. One example of a problem that can arise is when one parent seeks to move permanently to another country.

In the UK, it is an offence to move your child abroad without proper permission from anyone else who shares parental responsibility. To do so without first seeking approval can be classed as abduction – a criminal offence.

Sharland & Gohil – the effects of divorce and non disclosure

As anyone in the matrimonial legal world and anyone going through the difficult process of divorce will note, there has been a significant development in the case law surrounding disclosure of finances during the divorce process.

The ex wives of Messrs’ Sharland and Gohil have been locked in a lengthy legal battle to have their financial settlements re-visited, so that they can have the figures re-examined and (hopefully) a more favourable outcome reached. They have done so based on the deliberate non-disclosure of information which would have had a material impact on the settlement, had it been known at the time. There had been appeal after appeal, all the way up to the Supreme Court, the highest court in the land.

Divorcing outside the EU

In our recent blog we looked at some of the differences between divorcing in the EU and divorcing in the UK and in particular the need for fast action. In this blog we will look at some of the considerations you should make when planning a divorce outside of the EU.

Unlike divorces in the EU, divorces that take place elsewhere do not require as much haste, although it is still recommended to be the first spouse to petition for a divorce. Different countries have different attitudes towards divorce and it could be that the country your spouse aims to start proceedings in will rule more favourably towards them than you.

Why is it important to seek early advice when considering a divorce in the EU?

The process of divorce is never pleasant and spouses will often seek to get proceedings over as quickly as possible. However, timeliness can be particularly important in international divorce cases. Here we will explain why.

As of 2001, EU regulations were introduced which meant that the first spouse to begin divorce proceedings would be able to choose which country their divorce takes place in. As many countries treat divorce settlements differently to each other, this could in theory benefit one spouse over the other and therefore it is critical to seek legal advice quickly when dealing with an international divorce.

Grounds for divorce outside of England & Wales – what you should know

In our recent guide to International Divorce we looked at the many different considerations that need to be made when planning to dissolve a marriage outside of the UK.

However, even within the UK there are differences in the divorce process. In this blog we will detail the differences in the legal grounds for divorce in England & Wales compared with that of Scotland and Northern Ireland.

Relocating your child to another country

There a number of different reasons that a parent might decide to take a child abroad, but without consent from both parents this act is viewed by law as child abduction and a serious breach of a parent’s right to custody.

Divorces bring with them a large amount of upheaval, not only for the spouses but also for any children who might be involved. Uncertainty over what is happening with their parents’ relationship and what the final outcome may mean for their own future can stir up a whole range of emotions in children. Because of this, parents will usually want to make swift decisions over where and with whom the child will live, in order to bring some stability back to their life.

Rollingsons successfully acts in complex surrogacy case

The Head of the Family Law Department at Rollingsons, Jeetesh Patel, recently successfully acted for the applicants in the case of R and S v T (Surrogacy: Service, Consent and Payments) [2015] at the Royal Courts of Justice on 13^th March 2015.

This was an application for a parental order from R and S, a couple in their early sixties who have been married for 38 years, concerning twins aged 18 months who were born following a surrogacy arrangement entered into by the applicants in a surrogacy clinic in Ukraine. Commercial surrogacy arrangements are permitted in Ukraine. The applicants had spent many years trying to conceive a child of their own.