The Supreme Court Judgments in the cases of Sharland and Sharland and Gohil and Gohil have been handed down on 14th October. This concerns 2 similar cases in which 2 wives who had reached a financial settlement in divorce with their husbands later found out that the Husbands had misrepresented their finances. The Supreme Court Judgment means that the wives should be allowed to set aside the Order. This has also resulted in a review of the procedure for "setting aside" orders.
If you park your car in a private car park, you are now entitled to a 10 minute grace period after your ticket has expired. This covers both free parking and paid for parking.
After 1st December 2015 if you have not recorded an organ donation decision (opt in or opt out) on the NHS Organ Donation Register, you will be treated as having no objection to donating your organs. Your decision can be changed at any time. You should be sure to tell your loved ones of your decision so that they can make sure it is respected.
From 1st October 2015 it is illegal in England and Wales to smoke in a vehicle with anyone under the age of 18 present. Drivers who break the law could face a penalty fine of £50.
Recent Court of Appeal decision over-rides mother's Will. Ilot v Mitson (2015) EWCA Civ 797. Following a decade-long battle, the Court over-rode Melita Jackson’s Will that left £500,000 estate to animal charities even though she expressly stated she did not want her daughter to receive anything.
If you think this may affect you, please contact us for advice.
These forms are changing from 1st July 2015. There are two types – property and financial and health and care. No changes are being made to Enduring Powers of Attorney at this time.
There is a duty to provide full and frank disclosure to the Court in financial proceedings and without this, there is a risk that the settlement may not be fair and reasonable.
On 10th June 2015, the Supreme Court considered the issue of non-disclosure in the cases of Sharland v Sharland and Gohil v Gohil. In both of these cases the wife is applying to overturn the original settlement alleging that their husband has not been honest in disclosing their financial position which will have affected the divorce settlement. The Judgment is awaited.
If you do not have a properly concluded clean break order, please contact us for advice.
On 6th April 2015, the rules in relation to taking pension benefits will be relaxed and funds may be withdrawn from pensions. If you have any concerns that your former partner can or will take this course of action in order to limit your potential financial claim, please advise us immediately.
On 12th March 2015 the Supreme Court considered the case of Vince v Wyatt and refused to strike out an application by a former wife for a financial order from her former husband 27 years after separation and 18 years after divorce.
If you do not have a financial clean break order, please contact us for advice.
On the 22nd April 2014 changes have been made to the Court system and to children disputes with the implementation of the Children and Families Act 2014. There will now be a single Family Court where any applications under the Children Act 1989 will be made to the Single Family Court Central Administration and the Court will decide where the case is to be heard and which level of judiciary should deal with the matter.
New terminology has been introduced and you can now make an application for a Child Arrangement Order to confirm with whom the child/children should live or spend time.
The Court will take into account the principle that both parents should continue to be involved in their child/children’s lives as long as it is safe to do so. In terms of Shared Care, this is more about equal status and not so much about equal time.