For the first time, the Crown Prosecution Service has looked into so called false allegations of domestic violence and rape which have been published by the Director of Public Prosecutions. The report which looks at a 17 month period, shows that false allegations of rape and domestic violence are perhaps more rare than previously thought although reported cases remain serious.
The Family Law Act 1996 provides protection for victims of domestic violence. In certain circumstances it is possible to apply to the court for an injunction such as a non-molestation orders which if successful forbids the use of violence. Breach of a non-molestation order is also a criminal offence. It may also be possible to obtain what is known as an occupation order in certain circumstances which if successful would allow the applicant to occupy the home to the exclusion of the other party. It is however always important to obtain specialist legal advice before embarking upon such a course of action.
We are a team of specialist family law solicitors in Manchester. For more divorce advice please read our family law blog or follow us on Twitter @Divorce_experts.
Thursday, 21 March 2013
Wednesday, 13 March 2013
The Pitfalls of Unmarried Couples
Cohabitation has become increasingly more common in the UK over recent years. Many people who have lived with their partners for a period of years are mistaken into thinking that if their relationship does come to an end that the same principles used by couples obtaining a divorce will apply to them. This however is not the case and many unmarried couples, especially women, find themselves in dire financial circumstances following the breakdown of their relationship after learning there is no such thing as a common-law marriage.
Over the weekend the Daily Mail on Sunday alerted unmarried couples to the financial pitfalls following the breakdown of their relationship and we as leading family law solicitors shared our experiences having seen an influx of work from separating unmarried couples.
The gap in the treatment of unmarried couples compared to their married counterparts is a key reform issue facing the UK over the next few years, but until a change is made by the Law Commission, make sure you do not fall into the common pitfalls of unmarried couples and seek legal advice.
We are a team of specialist family law solicitors in Manchester. For more divorce advice please read our family law blog or follow us on Twitter @Divorce_experts
Over the weekend the Daily Mail on Sunday alerted unmarried couples to the financial pitfalls following the breakdown of their relationship and we as leading family law solicitors shared our experiences having seen an influx of work from separating unmarried couples.
The gap in the treatment of unmarried couples compared to their married counterparts is a key reform issue facing the UK over the next few years, but until a change is made by the Law Commission, make sure you do not fall into the common pitfalls of unmarried couples and seek legal advice.
We are a team of specialist family law solicitors in Manchester. For more divorce advice please read our family law blog or follow us on Twitter @Divorce_experts
Tuesday, 5 March 2013
Injunction against Charlie Booker lifted following calls for greater transparency in the Family Court
Injunction against Charlie Booker lifted following calls for greater transparency in the Family Court
The Sunday Telegraph has reported that an injunction imposed on journalist Charlie Booker prohibiting him from reporting a Family case concerning the future care of children, has been lifted. It is understood that the injunction barred Mr Booker from making any mention the dispute.
Charlie Booker claimed that the case was clearly in the public interests and the High Court agreed. We can only assume therefore that the separated parents in question were well known.
The Telegraph reports that in his ruling, Mr Justice Mostyn said he was lifting the injunction “because the emphasis should be on transparency” in the courts. He added: “Mr Booker is perfectly entitled to be as rude as he wants about anybody he wants. That is what freedom of speech is about.”
In April 2009, the Government made changes to allow the media to attend Family court cases. However, the court can exclude the media where it is thought necessary in the interests of any child concerned in the proceedings. As a consequence, judges often exclude the press from cases involving custody or residence disputes.
The power to exclude the press from the Family court has been heavily criticised by the press and viewed as an attack on freedom speech. Senior judges are sensitive to this criticism and agree that there should be more transparency. However, the crux of the issue will be whether cases involving decisions about the future of which parent a child should live with can ever be in the “public interest”.
For more advice on divorce follow our family law blog or follow us on Twitter @Divorce_experts
The Sunday Telegraph has reported that an injunction imposed on journalist Charlie Booker prohibiting him from reporting a Family case concerning the future care of children, has been lifted. It is understood that the injunction barred Mr Booker from making any mention the dispute.
Charlie Booker claimed that the case was clearly in the public interests and the High Court agreed. We can only assume therefore that the separated parents in question were well known.
The Telegraph reports that in his ruling, Mr Justice Mostyn said he was lifting the injunction “because the emphasis should be on transparency” in the courts. He added: “Mr Booker is perfectly entitled to be as rude as he wants about anybody he wants. That is what freedom of speech is about.”
In April 2009, the Government made changes to allow the media to attend Family court cases. However, the court can exclude the media where it is thought necessary in the interests of any child concerned in the proceedings. As a consequence, judges often exclude the press from cases involving custody or residence disputes.
The power to exclude the press from the Family court has been heavily criticised by the press and viewed as an attack on freedom speech. Senior judges are sensitive to this criticism and agree that there should be more transparency. However, the crux of the issue will be whether cases involving decisions about the future of which parent a child should live with can ever be in the “public interest”.
For more advice on divorce follow our family law blog or follow us on Twitter @Divorce_experts
Thursday, 21 February 2013
Birmingham – Divorce hot spot
Birmingham, famously the subject of disparaging comments by Jane Austen’s character in ‘Pride and Prejudice’, now has a further claim to fame.
Recently published Ministry of Justice figures show Birmingham as top of the list of courts where the most petitions for divorce were applied for in the twelve months up to September 2012.
The Ministry of Justice’s intention in publishing the figures on their website is to highlight the government’s plans to change the law so that any couple seeking a court order regarding contact with a child or finances must first attend a mediation assessment meeting. This would explain how mediation works and explore whether is it suitable for them.
The Family Justice Minister is also quoted, emphasising the government’s intention to promote mediation as quicker and cheaper than the court process.
All good family lawyers will encourage clients to try to resolve their disputes by agreement by means of mediation, negotiation ,or the collaborative process. Unfortunately, it ‘takes two to tango’ as they say and this approach will not therefore not work for everyone.
We are a team of specialist family law solicitors in Manchester. For more divorce advice please read our family law blog or follow us on Twitter @Divorce_experts
Tuesday, 12 February 2013
Marital bond unravels
It has been reported this week that Bond girl Gemma Atherton's marriage has sadly broken down. It is understood that her marriage lasted just three years.
Short marriages are not uncommon. Here at Pannone we often meet unhappy spouses who realise that their relationship is not what they hoped it would be when they walked down the aisle a year or two before.
The division of assets and sharing of income following a short marriage can involve considerations that would not ordinarily come into play after a long marriage. After a long marriage, the starting point of the court is an equal division of the assets and the contributions that each spouse made throughout the marriage, for example, as homemaker or breadwinner are largely ignored. However, following short marriages respective contributions are likely to receive more scrutiny from a judge when determining what a fair division of the assets would be.
The court’s approach to the division of assets on divorce is discretionary and there is no fixed formula setting out what each party should receive. It is important therefore to seek divorce advice from a specialist Family Law solicitor as the earliest opportunity, regardless of the value of your assets.
For more divorce advice follow our family law blog or follow us on Twitter@Divorce_experts.
Short marriages are not uncommon. Here at Pannone we often meet unhappy spouses who realise that their relationship is not what they hoped it would be when they walked down the aisle a year or two before.
The division of assets and sharing of income following a short marriage can involve considerations that would not ordinarily come into play after a long marriage. After a long marriage, the starting point of the court is an equal division of the assets and the contributions that each spouse made throughout the marriage, for example, as homemaker or breadwinner are largely ignored. However, following short marriages respective contributions are likely to receive more scrutiny from a judge when determining what a fair division of the assets would be.
The court’s approach to the division of assets on divorce is discretionary and there is no fixed formula setting out what each party should receive. It is important therefore to seek divorce advice from a specialist Family Law solicitor as the earliest opportunity, regardless of the value of your assets.
For more divorce advice follow our family law blog or follow us on Twitter@Divorce_experts.
Friday, 8 February 2013
Domestic abuse - you are not alone
Domestic abuse is something that unfortunately continues to rear its ugly head in our society.
Research carried out by the Office for National Statistics calculates that two million people suffered domestic abuse at the hands of either partners or relatives in 2012. This equates to approximately 1.2 million women and 800,000 men being the victims of physical, emotional and sexual attacks, usually within the supposed safety of their own home. Whilst these statistics have not risen significantly from previous years, the scale of the recently published figures is alarming nonetheless.
Organisations such as Refuge, commenting on the recent figures, recognise that such abuse can include psychological, sexual or emotional abuse. It also includes threats to carry out such abuse.
Should an immediate issue arise causing a threat to health, safety or well-being, it is important to remember that the police are there to assist, often with a specialist domestic incidents unit, who can offer practical advice and support. However, police intervention may not offer an appropriate, longer term solution and assistance from the court may be required. Here at Pannone we understand the sensitivity of dealing with such issues and as leaders in the field we are well placed to provide expert legal advice.
We are a team of specialist family law solicitors in Manchester. For more advice about domestic abuse please read our family law blog or follow us on Twitter @Divorce_experts.
Research carried out by the Office for National Statistics calculates that two million people suffered domestic abuse at the hands of either partners or relatives in 2012. This equates to approximately 1.2 million women and 800,000 men being the victims of physical, emotional and sexual attacks, usually within the supposed safety of their own home. Whilst these statistics have not risen significantly from previous years, the scale of the recently published figures is alarming nonetheless.
Organisations such as Refuge, commenting on the recent figures, recognise that such abuse can include psychological, sexual or emotional abuse. It also includes threats to carry out such abuse.
Should an immediate issue arise causing a threat to health, safety or well-being, it is important to remember that the police are there to assist, often with a specialist domestic incidents unit, who can offer practical advice and support. However, police intervention may not offer an appropriate, longer term solution and assistance from the court may be required. Here at Pannone we understand the sensitivity of dealing with such issues and as leaders in the field we are well placed to provide expert legal advice.
We are a team of specialist family law solicitors in Manchester. For more advice about domestic abuse please read our family law blog or follow us on Twitter @Divorce_experts.
Wednesday, 30 January 2013
Keeping it Under Wraps
A report in the Times newspaper earlier this week predicted the possible rise in private Arbitration to deal with financial settlements in divorce cases involving wealthy couples. This is a process whereby couples opt to employ a private Arbitrator to hear their case and agree to be bound by the Arbitrator’s decision rather than go to court
The process, which has been described as ‘effectively privatising divorce’, is becoming more attractive to wealthy couples who want to avoid the possible scrutiny of their financial affairs by the media in court. As the court cracks down on husbands who are unwilling to give financial disclosure, such as the recently imprisoned Scot Young, it is predicted that arbitration may also become more attractive to those who are reluctant to reveal their substantial assets in detail.
Regardless of whether some may have questionable motives for choosing Arbitration, it has much to recommend it as do other forms of resolving financial disputes outside the court such as mediation. If, as seems likely, the courts become increasingly congested as a result of the cuts in legal aid and the rise in the numbers representing themselves, both Arbitration and mediation may well also become more appealing to couples of more modest means.
We are a team of specialist family law solicitors in Manchester [http://www.pannone.com/services/family-personal-and-financial/family]. Our team includes Liz Cowell who is a qualified Arbitrator. For more divorce advice [http://www.pannone.com/services/family-personal-and-financial/family/divorce-solicitors-and-lawyers-at-pannone-llp/divorce-process] please read our family law blog [http://www.pannone.com/blog/family-law] or follow us on Twitter @Divorce_experts
The process, which has been described as ‘effectively privatising divorce’, is becoming more attractive to wealthy couples who want to avoid the possible scrutiny of their financial affairs by the media in court. As the court cracks down on husbands who are unwilling to give financial disclosure, such as the recently imprisoned Scot Young, it is predicted that arbitration may also become more attractive to those who are reluctant to reveal their substantial assets in detail.
Regardless of whether some may have questionable motives for choosing Arbitration, it has much to recommend it as do other forms of resolving financial disputes outside the court such as mediation. If, as seems likely, the courts become increasingly congested as a result of the cuts in legal aid and the rise in the numbers representing themselves, both Arbitration and mediation may well also become more appealing to couples of more modest means.
We are a team of specialist family law solicitors in Manchester [http://www.pannone.com/services/family-personal-and-financial/family]. Our team includes Liz Cowell who is a qualified Arbitrator. For more divorce advice [http://www.pannone.com/services/family-personal-and-financial/family/divorce-solicitors-and-lawyers-at-pannone-llp/divorce-process] please read our family law blog [http://www.pannone.com/blog/family-law] or follow us on Twitter @Divorce_experts
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