Where there is a will there is a solicitor

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Have you ever faced a legal issue and ended up in the losing side because you did not have proper guidance and understanding of the law?

Family and matrimonial problems tear down all spheres of our lives. They are indeed complex and thus require experience and expert know how. Whether be it writing a will of domestic issues like divorce, child custody, or financial issues you should take absolute care to make available your options and then deal with the issue in the most sensitive manner.

Writing a will would require various technicalities. For instance the date, time place and the testators name must be mentioned properly. Along with that the names of the persons who are to succeed or act as trustees must be clearly mentioned as well. It would be great to have a schedule of the properties attached. As it would clearly explain as to how the property should be distributed.

A lot of problem arises when others demand share in the property left by our near and dear ones. In these situations it can put us into great pressure. In such cases testamentary succession would prevent a lot of possible litigation. Even using the option of making a contingent gift deed would not be bad either.

When all details are specifically mentioned by a person in a proper legal instrument such as a will and provided the will is made in presence of a witness and is duel stamped then there would be very less chances of facing problems while obtaining a probate. It would also prevent chances of further disputes that may arise in the future.

It is important to ensure that the legal instrument must properly de-mark the jurisdiction of the appropriate court and also it must contain a proper schedule, if required. It is essential that a solicitor would properly guide his client and ensure that he meets the due ends of justice by providing adequate relief to his clients.

When you are called for a ‘voluntary’ police interview

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The term ‘voluntary attender’ at a police interview would ideally mean that one is attending the interview of one’s own free will. But criminal law solicitors across the country are reporting a trend of the police arranging for ‘voluntary’ interviews with suspects at the police station. As per the Police and Criminal Evidence Act 1984, a person who attends a police station, or any other law enforcement office, for the purpose of assisting a criminal investigation is referred to as a ‘voluntary attender’.

An increasingly common practice in of the police calling up someone or knocking on their door asking them to come over to the police station for an informal chat. Even though the call has you utterly distressed, do not make the mistake of not asking for a criminal defence solicitor to advise you. When the police start questioning someone about an incident or a suspect, there are 2 likely scenarios. Either you are a suspect, or the police think you have some information which could shed light on the suspect. In either case, you should not say anything before consulting with your criminal defence solicitors. While it may be an informal interview, anything you say can be used against someone (including you) at a later date.

Any person being interviewed by the police has to be cautioned by the Police Officer that “you do not have to say anything but it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.” Criminal defence solicitors mention that the call to come to the police station is often so unnerving for the person concerned that even though they are informed by the police of their not being under arrest or under any obligation to remain at the police station, the ‘voluntary attender’ is easily taken in by the Police officer saying something like ‘we just want to hear your side of the story’ or ‘we have to be neutral, it’s part of our job’. As you start to relax, the officer might advise you of your right to consult a criminal defence solicitor, but also tell you that “it could take time and you’ll be here all day”. Do not hesitate to still ask for legal advice. Quite so often a skilled interviewer can get suspects to admit something in an interview of which they had no prior evidence.

Even if the call is for a voluntary interview, you do have the right to free and independent legal advice. And if you decide to go ahead with the said interview, make sure you are accompanied by a skilled criminal defence solicitor who can stop you from incriminating yourself.

Protecting Children Throughout Divorce

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Children, through no fault of their own, end up being the most affected in their parents’ divorce. As such, it becomes the duty of parents to protect their children from any unnecessary trauma and emotional turmoil. Kidd Spoor Taylor normally advise moving away from terms like “child custody” and “access” to describe which parent the children live with and how often the other parent can visit them. As Solicitors  we prefer use and focus on the term “parental responsibility”.
In any divorce case, it is but natural for co-parenting issues to crop up. It is how to get the focus back on the child that is important, and solicitors in North Shields try their best to make the divorcing parents conscious of their rights and duties towards their children. Clause 11 of the Children and Families Bill had introduced a presumption that the involvement of both parents in a child’s life will further that child’s welfare, unless the contrary is shown. But a lot of children’s charities had objected to the wordings of the same as being interpreted as an entitlement to 50-50 access to their children.You could argue that this takes the focus away from the child.

The recent changes in wordings to the clause have been hailed by children’s charities and family solicitors North Shields alike. It has now been amended to define the term “involvement” as meaning either direct or indirect contact rather than a specified time frame with each parent. It is important to emphasize to parents that neither of them should interpret this clause to presume a legally binding shared access. It is more about sharing “parental responsibility” and determining and doing what is in the best interests of the child. While it is important for the child to maintain contact with both parents and wider families, this should not become a tussle about how many hours has been spent in which parents’ home.

The welfare of the child has to take prime position, and that is what this amendment to clause 11 of the Children and Families Bill seeks to focus on. Both parents in a divorce case need to understand that the child’s well-being is more important than their ego, and everyone needs to work together to make the divorce as little traumatic for the child as possible. Yes, the child will eventually adjust to being in 2 homes. What is important is they both should be “happy homes”.

Pre-nuptials to be made enforceable ?

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For so many years now, the UK Family Law courts had refused to acknowledge pre-nuptials as legally binding simply because they felt it was undermining the institution of marriage. But things changed when in 2010, the Supreme Court ruled that German heiress Katrin Radmacher could keep her fortune worth 100 million pounds after her divorce, in accordance with the terms of her pre-nuptials, recognizing that “the court should give effect to a nuptial agreement that is freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to the agreement”.

Family law solicitors at Kidd Spoor Taylor point out that after this landmark judgement, divorcing couples with a pre-nuptial agreement already in place, now assume the court will uphold the same, unless it would be unfair to do so. The old adage of pre-nuptials being contrary to public policy as they talked about the end of a marriage even before getting married is now being swept away.

Legal team across the Uk are eagerly waiting the 27th of the month, when the Law Commission is likely to pass the law making pre-nuptial agreements legally enforceable. This could literally shake up divorce cases across the country. So far, judges have used their own discretion and insight to divide marital assets, taking into account each partner’s role as economic provider and/or child care provider/home-maker as being of equal importance.
Family law solicitors at Kidd Spoor Taylor are also expecting the inclusion of some rules to combat ‘gold diggers’. Basically this would mean that in the event of divorce either partner would be able to keep the assets they brought into the marriage at the onset. So an erstwhile spouse would not be able to lay claims to one’s family owned company or inherited fortune.
This could also deter people from entering into marriages with the intention of fraud.

While pre-nuptials are very common in the United States, their becoming accepted and enforceable in the United Kingdom is a major change in public policy, and akin to a cultural revolution. Family law solicitors at Kidd Spoor Taylor suggest that the passing of this law would make it easier for couples undergoing a separation or divorce to uphold the decisions they took when their relationship was definitely not turbulent. The Law Commission’s report on divorce law is likely to include not just pre-nuptials, but also other marital agreements like post-nuptial and separation contracts.

Is the End of recession the starting point for divorce ?

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What does recession have to do with divorce? A lot, apparently. Newspapers and media channels are all talking about how the end of recession has seen an upward growth in the divorce rates in the UK. The Office for National Statistics (ONS) figures of there being 13 divorces an hour in England and Wales in 2012. In a way the recession kept the families bonded together.

But the end of recession also saw a simultaneous rise in expectations of family members and a desire to live freely a bit more. Many couples who stuck together in the ‘bad times’, even postponing their divorces, found themselves unable to carry through any more once things started looking up. This could also have been a conscious attempt to let their assets regain some value. In many cases, couples who separated during the recession waited for the recession to get over before finalizing the divorce.

The ONS figures of 117,558 divorces in 2011, with the figures increasing by 0.5% in 2012 to reach the figure of 118,140 divorces in 2012. Considering the figures were at 113,949 in 2009 when the recession set in, that’s a huge increase. Our Divorce solicitors also agree with the ONS stating that almost half of these divorces are amongst couples in the first 10 years of marriage, with more divorces likely between the fourth and eighth wedding anniversaries.

Age has nothing to do with a marriage ending up in divorce. In 2012, the average age for divorcing was 42 amongst women and 45 in men. In fact, there were 9,703 men and 6,026 women above age 60 amongst the divorcing couples. So is it that the financial strains of recession like redundancy and cutbacks have added to tension in families? Probably it is. Couples who stuck together through the innumerable rows about money during the times of recession feel more confident about finding jobs and financial security within a healthier economy. This allows them to take the final step towards to applying for a divorce.

Dividing the belongings after a divorce..

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When a couple separates, it’s very rare for the court having to intervene in dividing the belongings and contents of the house after the divorce. One rare case was that of Morris v Donaldson (http://www.familylawweek.co.uk/site.aspx?i=ed126965) where Mr. Morris filed a claim in the Queen’s Bench Division of the High Court asking to be allowed access to the property of Ms. Donaldson so as to compile a list of his possessions left there in the course of their living in the same house, and thereafter, to allow removal of the same possessions by a moving company.

Clearly, when a couple goes for a separation or divorce, there is a struggle to establish ownership over most items in the ‘matrimonial’ home. Ideally speaking, both partners should try and come to a mutual decision on who gets what. But when this does not seem possible, both parties can opt for legal aid from solicitors . However, if  they fail to come to an agreement, it’s probably time to approach the court.

Yet, when you go to your solicitors for legal advice, they’ll probably try to dissuade you from going to court unless you have really high value antiques because court proceedings usually end up costing more than the value of the belongings you had set off to divide. A lot of things which might have been very expensive at the time of purchase depreciate in value rapidly. Going to court for legal aid would not make sense here. However, if there are quite a few valuable antiques or other items to be divided, your solicitors North Shields might agree on taking the matter to court.

Ideally, all items should be divided equally between partners at the time of divorce. However, if something very valuable is indivisible and remains with one partner, the other can ask their solicitors to press for financial compensation against the same. If both sides fail to come to an agreement on the division of belongings, and if there isn’t too much sentimental value attached, solicitors North Shields will suggest selling off the items and dividing the sum as opposed to going to court.

As long as the items are under dispute or no court order has been received, they should not leave the ‘matrimonial’ home. If either party starts removing such items before an agreement, one should get in touch with their solicitors immediately.

The defender’s of justice are here to protect your rights

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Unfortunately most people are unaware of their legal rights, legal regulations and rules governing different aspects of our lives.And most of the time we fall prey to this “ignorance”; ending up on the losing side. There is a settled principle of law that states that ignorance of law cannot be an excuse.

There is a famous principle that says ibis jus obi residuum which means that where there is a right there is a remedy available to that regard. However most people remain ignorant about their rights and hence they do not any remedy even if such rights are violated. However if they would receive proper legal advice they could seek to enforce their rights.

When you consult a solicitor firm you must ensure that they have highly qualified and experienced staff that provide the best legal advice. It is essential that the firms would provide proper legal aid to those the aggrieved parties.
Whenever you face a family problem, whether it be divorce or child custody you always need expert legal advice and help.

Usually with matters regarding to divorce the personal laws and customary laws would usually play a very important role. It is essential to appraise such facts and make it clear before the court. However it would be advisable to check the options that would help in avoiding a divorce, as nobody wants a broken family. In such cases the solicitors may also help in mediating. However even if a divorce is obtained there still may scope of obtaining maintenance or other remedies for certain groups of people.

We all want our own homes; but buying or selling or even mortgaging property involves lot of hassle and legal procedures. We ensure that the conveyancing is hassle free and that the entire procedure is fastened with absolute transparency maintained in the entire dealings. Besides these; problems can occur in work fields, regarding discrimination or harassment or dismissal from work.

Even difficulties regarding criminal issues or other areas; whatever may it be we provide the best legal advice and ensure that you have a clear understanding of the laws. There are various technicalities associated with buying and selling of properties. The title of the seller needs to be properly verified. After the sale it is important to change the name in the municipal records. It is also advisable that the convincing deed would contain a proper schedule attached that would help to properly identify the document. Thus in order to prevent complications in the future taking proper legal advice would be the best option.