HOW THE COURT WILL DEAL WITH A DISPUTE
The procedure for a dispute under the Children Act is simple but the law is not. The overriding consideration is the welfare and best interests of the child. The court will also consider other factors such as the age and background of the child and whether the child is at risk of any harm. The check-list is too long to examine in detail but at the very top of it is the child's own wishes.
A child old enough to express his or her wishes accurately will be listened to but younger children may not be capable of saying, or even knowing what they want. It is not at all unusual for a child to want to tell both parents what they want to hear. "I love you Daddy. I wish I could live with you" could be the child's way of trying to reassure the father that he may be gone but that he is not forgotten. It could equally well mean "Mummy won't let me stay up to watch TV and won't buy me the latest Play Station game so I want to stay with you and get those things". Already the issue of what the child wants is getting complicated.
The child will not be brought to court to give evidence. That would not be in its best interests. Instead, at the first hearing of the application (whatever it might be for) the Judge's directions will include an order appointing a Catcass Officer to prepare a report for the court setting out what is best for the child. The Catcass Officer will carry out investigations and interviews with both parents individually, the child on its own, if old enough, and the child with both parents. The Catcass Officer will then prepare a report which will recommend what is suitable.
31 August 2012
30 August 2012
Divorce - Disputes over Children
WHAT TO DO IN THE EVENT OF A DISAGREEMENT OVER THE CHILDREN
If you are a parent involved in a divorce or other relationship breakdown there are steps that you can take to protect your, and your children's position.
Try to avoid getting into arguments about the children. Certainly, do not try to use them as a lever to obtain a better financial settlement and do not involve them in your difficulties within the relationship. Think about what is best for them. You may well want them to live with you but are you able to look after them properly? Do you have a lifestyle, job and income, which allows you to be there when you are needed? Are you really thinking about the children or are you thinking about what you want (or what your former partner does not want)? Think everything through carefully before you adopt a position. If you are reasonable in what you think should happen you might find that things fall into place fairly easily and that no legal proceedings are necessary.
If that does not work, think about counselling or mediation and make enquiries about what services are available in your area. Find out if there are charges for mediation and whether public funding/legal aid is likely to cover these. If you can arrange mediation without lawyers becoming involved try to do so. The mediator is not there to make an order or to impose a decision on you. Instead, the process of aimed at finding common ground, the real problem and a solution, which you can either accept or reject.
If none of this works or if you need a lawyer to advise in more detail and to assist in mediation or act in a court application consult Seatons Solicitors.
If you are a parent involved in a divorce or other relationship breakdown there are steps that you can take to protect your, and your children's position.
Try to avoid getting into arguments about the children. Certainly, do not try to use them as a lever to obtain a better financial settlement and do not involve them in your difficulties within the relationship. Think about what is best for them. You may well want them to live with you but are you able to look after them properly? Do you have a lifestyle, job and income, which allows you to be there when you are needed? Are you really thinking about the children or are you thinking about what you want (or what your former partner does not want)? Think everything through carefully before you adopt a position. If you are reasonable in what you think should happen you might find that things fall into place fairly easily and that no legal proceedings are necessary.
If that does not work, think about counselling or mediation and make enquiries about what services are available in your area. Find out if there are charges for mediation and whether public funding/legal aid is likely to cover these. If you can arrange mediation without lawyers becoming involved try to do so. The mediator is not there to make an order or to impose a decision on you. Instead, the process of aimed at finding common ground, the real problem and a solution, which you can either accept or reject.
If none of this works or if you need a lawyer to advise in more detail and to assist in mediation or act in a court application consult Seatons Solicitors.
29 August 2012
Children and Divorce - 3
PROHIBITED STEPS ORDERS
These were introduced by the Act and are, in effect, an injunction to stop a parent from doing anything that is considered not to be in the child's best interests. A non-residential parent with parental responsibility could, for example, apply for such an order if the residential parent was not acting in the child's best interests or making decisions about the child's education/religious upbringing or holidays that was not agreed by the other parent/guardian. It can make such an order if the parent was intending to remove the child from the other parents care, or even out of the country.
SPECIFIC ISSUE ORDER
The court can be asked to make decisions regarding the child's upbringing, if the parents/guardians cannot agree, such as the child's education, religious upbringing, medical treatments and holidays.
WHEN WILL THE ORDERS BE MADE AND HOW?
The answer is, hopefully, never. The primary consideration in any matter concerning children is the best interests of the child. It has been recognised that the child's best interest are not served by having court orders relating to them however amicably the parents have applied. Therefore, the Act stresses the "non intervention principle". If no order is necessary, none will be made.
It is for that reason that, in a divorce, the Judge will consider the Statement of Arrangements for the Children. If the Judge is satisfied that the arrangements are reasonable a certificate will be issued with the certificate of entitlement to a decree absolute of divorce. The certificate simply confirms that the Judge does not believe that any order is necessary.
If there is a dispute over the children, the parent who wants an order must apply for it in separate proceedings and the court will give directions about what is to be done to bring the application to a final hearing.
These were introduced by the Act and are, in effect, an injunction to stop a parent from doing anything that is considered not to be in the child's best interests. A non-residential parent with parental responsibility could, for example, apply for such an order if the residential parent was not acting in the child's best interests or making decisions about the child's education/religious upbringing or holidays that was not agreed by the other parent/guardian. It can make such an order if the parent was intending to remove the child from the other parents care, or even out of the country.
SPECIFIC ISSUE ORDER
The court can be asked to make decisions regarding the child's upbringing, if the parents/guardians cannot agree, such as the child's education, religious upbringing, medical treatments and holidays.
WHEN WILL THE ORDERS BE MADE AND HOW?
The answer is, hopefully, never. The primary consideration in any matter concerning children is the best interests of the child. It has been recognised that the child's best interest are not served by having court orders relating to them however amicably the parents have applied. Therefore, the Act stresses the "non intervention principle". If no order is necessary, none will be made.
It is for that reason that, in a divorce, the Judge will consider the Statement of Arrangements for the Children. If the Judge is satisfied that the arrangements are reasonable a certificate will be issued with the certificate of entitlement to a decree absolute of divorce. The certificate simply confirms that the Judge does not believe that any order is necessary.
If there is a dispute over the children, the parent who wants an order must apply for it in separate proceedings and the court will give directions about what is to be done to bring the application to a final hearing.
28 August 2012
Seatons Resources and Links - 6
Funerals
The Funeral Ombudsman Scheme site
Insurance
The Insurance Ombudsman Bureau site
Local Government
The Local Government Ombudsman site
Estate Agents
The Ombudsman for Estate Agents site
Pensions
The Pensions Ombudsman site
Police Complaints
The Police Complaints Authority site
Land Registry
The Land Registry site
Planning Information
Planning Information site
Solicitors Northamptonshire
Seaton's Solicitors
27 August 2012
Preserve Your Finances and Assets Today
Take The First Step To Preserve Your Finances & Assets Today!
Our NO obligation free consultation will help you to decide where to from here. Don't put things off until it's too late. We provide a free initial consultation where you can decide whether to take further action. Should you decide to take up our services we will help you:
• Protect your property, savings and other assets for the future.
• Provide you with legal and ethical ways to block local authority claims for long term care fees.
• Save you thousands of pounds (by spending only a few hundred pounds) and protecting your assets from being assessed and confiscated to pay for care charges.
• With options to spend your way out of paying long term care fees, showing you exactly what you should buy and when you should buy it.
Don't risk losing what is rightfully yours by waiting until it is too late to shield and protect your assets.
Take Action Now!
Ring us today on 01536 276300 and book an appointment to discuss what we can do for you.
26 August 2012
Children and Divorce - 2
RESIDENCE ORDERS
These are the equivalent of the old orders for care and control, often referred to as custody orders. The new name is again self explanatory. It states who the child will live with and who has day-to-day care and control of the child. It is usually made in favour of one parent but can be granted to another family member or more than one person. If granted to more than one person this would be a Joint Residence Order. In this case it is likely that both parents/and or guardian are able to co-operate over the child's upbringing. A Residence Order automatically grants that person Parental Responsibility, if they did not already have this.
CONTACT ORDERS
These are the equivalent of access orders. They allow the non-residential parent to see the child. In fact contact is the right of the child and not of the parent but because, in cases of difficulty, it is the parent who applies for it, the formality is often overlooked (except by the courts)
Contact can take many forms:
Staying contact involves the child staying with the non-residential parent for short breaks at weekends or even longer periods of holiday.
Visiting contact involves seeing the child for the day either at home or on a trip out
Indirect contact is sometimes required if there are concerns over whether it is safe or appropriate for the child to be alone with the parent. It may also be appropriate where there has been a long period of separation and the child has grown apart from the non-residential parent.
Supervised contact, indirect contact or limited visiting contact may be helpful to allow the relationship to recover and, after a period of time, may lead to something a little more extensive, and hopefully unsupervised contact.
These are the equivalent of the old orders for care and control, often referred to as custody orders. The new name is again self explanatory. It states who the child will live with and who has day-to-day care and control of the child. It is usually made in favour of one parent but can be granted to another family member or more than one person. If granted to more than one person this would be a Joint Residence Order. In this case it is likely that both parents/and or guardian are able to co-operate over the child's upbringing. A Residence Order automatically grants that person Parental Responsibility, if they did not already have this.
CONTACT ORDERS
These are the equivalent of access orders. They allow the non-residential parent to see the child. In fact contact is the right of the child and not of the parent but because, in cases of difficulty, it is the parent who applies for it, the formality is often overlooked (except by the courts)
Contact can take many forms:
Staying contact involves the child staying with the non-residential parent for short breaks at weekends or even longer periods of holiday.
Visiting contact involves seeing the child for the day either at home or on a trip out
Indirect contact is sometimes required if there are concerns over whether it is safe or appropriate for the child to be alone with the parent. It may also be appropriate where there has been a long period of separation and the child has grown apart from the non-residential parent.
Supervised contact, indirect contact or limited visiting contact may be helpful to allow the relationship to recover and, after a period of time, may lead to something a little more extensive, and hopefully unsupervised contact.
25 August 2012
Marriage Guidance and Family Law
To be eligible to marry a person must:
• Be unmarried
• Be aged over 18 or if between 16 and 18 must have parental consent
• Not be closely related to their future spouse
• Agree to the marriage
CIVIL PROCEDURES
The procedures and regulations are fairly complicated. We do not propose to go into detail here but please let us know if you require more information.
LEGAL EFFECTS OF MARRIAGE
Being married creates the legal status of being "married" on both parties.
Certain rights and duties arise from this.
These include:
• Duty to live together
• Fidelity
• To have voluntary Sexual Relations
• Duty to Maintain
• Common Surname
VOID MARRIAGES
A marriage can be voidable if it originally complied with the legal formalities but certain unusual circumstances have taken place. These include the following:
• The marriage has not been consummated
• Either party did not understand the nature of the marriage ceremony
• Either party was of unsound mind
• Either party had VD
• Be unmarried
• Be aged over 18 or if between 16 and 18 must have parental consent
• Not be closely related to their future spouse
• Agree to the marriage
CIVIL PROCEDURES
The procedures and regulations are fairly complicated. We do not propose to go into detail here but please let us know if you require more information.
LEGAL EFFECTS OF MARRIAGE
Being married creates the legal status of being "married" on both parties.
Certain rights and duties arise from this.
These include:
• Duty to live together
• Fidelity
• To have voluntary Sexual Relations
• Duty to Maintain
• Common Surname
VOID MARRIAGES
A marriage can be voidable if it originally complied with the legal formalities but certain unusual circumstances have taken place. These include the following:
• The marriage has not been consummated
• Either party did not understand the nature of the marriage ceremony
• Either party was of unsound mind
• Either party had VD
24 August 2012
Family Law and Help
FAMILY PROBLEMS? WE CAN HELP!
We offer a friendly, effective and quality legal service for people.
Every year a great many relationships end in separation or divorce.
We can help and advise on the most effective way of sorting the legal issues out.
We can advise on how and when the marriage can be dissolved, or to obtain a formal decree of judicial separation.
If there are children of the family under 18 we can advise on a number of issues including Parental Responsibility, Residence, Contact and Maintenance.
We can ensure that there is a fair and sensible division of the family assets including the matrimonial home and any pension issues.
We can also advise you on a family protection including domestic violence, injunctions, wardship, adoption, child and care proceedings.
We are members of the Solicitors Family Law Association.
We are a Legal Aid Practice and hold a Legal Aid franchise in matrimonial work.
We offer a friendly, effective and quality legal service for people.
Every year a great many relationships end in separation or divorce.
We can help and advise on the most effective way of sorting the legal issues out.
We can advise on how and when the marriage can be dissolved, or to obtain a formal decree of judicial separation.
If there are children of the family under 18 we can advise on a number of issues including Parental Responsibility, Residence, Contact and Maintenance.
We can ensure that there is a fair and sensible division of the family assets including the matrimonial home and any pension issues.
We can also advise you on a family protection including domestic violence, injunctions, wardship, adoption, child and care proceedings.
We are members of the Solicitors Family Law Association.
We are a Legal Aid Practice and hold a Legal Aid franchise in matrimonial work.
23 August 2012
Divorce Decree Nisi
DECREE NISI
The Judge will look at your petition and affidavit as well as the statement of arrangements for children. Sometimes the consideration of the papers throws up questions, which the Judge will need to have answered before allowing the divorce. If so you will be sent a note of what the Judge needs or you may even be asked to go to the court to discuss the matter with the Judge. This is nothing to be worried about. The Judge will see you in private and will explain the concern to you as well as telling you what you should do next.
If the Judge is satisfied with the paperwork you will be sent two pieces of paper. One will be the District Judge's Certificate confirming your entitlement to a divorce telling you when the decree nisi is to be pronounced. The other will be a Certificate in respect of children stating either that there are no children to whom the court must have regard or that there are children but that no order is necessary. This will not prevent you from seeking to resolve any arguments about the children through court proceedings if any differences of that kind arise as the divorce is proceeding or afterwards.
The District Judge's Certificate will also set out any other orders that the court will be making at the time when decree nisi is pronounced. These usually include any order in respect of costs (see below).
On the date specified in the Certificate the Judge will pronounce your decree nisi in a public court session. No details will be given. A list of all the divorces being dealt with that day will be read out and the Judge will confirm that Decree Nisi is pronounced in each of them. There is rarely any need to attend for this hearing. Very little happens and the procedure is very quick. If there is a dispute on any of the other orders, which the Judge has been asked to make, you will have the chance to go to court on the day when the decree nisi is pronounced and the Judge will decide the issue at that hearing.
The most usual argument at this stage is the Respondent's refusal to accept a costs order. As in any court case you will incur expenses such as court fees, travel expenses if you need to go to court and perhaps loss of wages or time at work. The court may order that you can recover these. If you instructed solicitors to deal with your divorce you should also be able to get back some part of your solicitor's bill. The court will tell you what to do about this either in the District Judge's Certificate or in a separate note sent out with the decree nisi itself. If you are seeking costs you will be asked to send the court and the other side a note of what you are hoping to recover. At the very least you should seek to recover the court fees that you have to pay or a part of them.
The claim for costs originally is made in the petition so it is worth giving it some thought at that stage. If you are able to agree the terms of the divorce you may wish to agree, for example that your petition will include a request for the Respondent to pay half the costs of the petition. If there is no agreement you may wish to use the costs claim as a negotiating lever by, for example, making a claim for costs limited to one half of the costs unless the matter becomes defended.
Any change is your costs requirements can be dealt with in the affidavit which you swear in support of the petition and if the point has been agreed by then (as it often is) you can tell the court what costs order you want in the affidavit.
DECREE NISI and ABSOLUTE
It is important to understand the difference between the two types of decree. Nisi is the Latin for "unless" which is a very accurate way of looking at it. You are not divorced at the stage of the decree nisi but will be unless, within 6 weeks following its pronouncement, something happens which prevents the decree being made absolute such as reconciliation or the discovery that the divorce is invalid.
You will not be divorced until you apply for and obtain your decree absolute. This is done by sending or taking the APPLICATION FOR DECREE NISI TO BE MADE ABSOLUTE to the court and paying a further fee. As to the issue fee payable on the petition you can apply for that fee to be waived or reduced by making enquiries at the court office.
Upon grant of the decree absolute:
• You cease to be married
• Your Will, if you have one will be treated as if any reference to your ex-husband or ex-wife is not there
• Any gift to you in your ex's Will be treated as removed
• If either of you dies the other will no longer be the widow or widower of the other and will not be entitled to any of the benefits under any life insurance or pension
• You can remarry
We recommend making a new Will as soon as you receive your Decree Absolute.
The Judge will look at your petition and affidavit as well as the statement of arrangements for children. Sometimes the consideration of the papers throws up questions, which the Judge will need to have answered before allowing the divorce. If so you will be sent a note of what the Judge needs or you may even be asked to go to the court to discuss the matter with the Judge. This is nothing to be worried about. The Judge will see you in private and will explain the concern to you as well as telling you what you should do next.
If the Judge is satisfied with the paperwork you will be sent two pieces of paper. One will be the District Judge's Certificate confirming your entitlement to a divorce telling you when the decree nisi is to be pronounced. The other will be a Certificate in respect of children stating either that there are no children to whom the court must have regard or that there are children but that no order is necessary. This will not prevent you from seeking to resolve any arguments about the children through court proceedings if any differences of that kind arise as the divorce is proceeding or afterwards.
The District Judge's Certificate will also set out any other orders that the court will be making at the time when decree nisi is pronounced. These usually include any order in respect of costs (see below).
On the date specified in the Certificate the Judge will pronounce your decree nisi in a public court session. No details will be given. A list of all the divorces being dealt with that day will be read out and the Judge will confirm that Decree Nisi is pronounced in each of them. There is rarely any need to attend for this hearing. Very little happens and the procedure is very quick. If there is a dispute on any of the other orders, which the Judge has been asked to make, you will have the chance to go to court on the day when the decree nisi is pronounced and the Judge will decide the issue at that hearing.
The most usual argument at this stage is the Respondent's refusal to accept a costs order. As in any court case you will incur expenses such as court fees, travel expenses if you need to go to court and perhaps loss of wages or time at work. The court may order that you can recover these. If you instructed solicitors to deal with your divorce you should also be able to get back some part of your solicitor's bill. The court will tell you what to do about this either in the District Judge's Certificate or in a separate note sent out with the decree nisi itself. If you are seeking costs you will be asked to send the court and the other side a note of what you are hoping to recover. At the very least you should seek to recover the court fees that you have to pay or a part of them.
The claim for costs originally is made in the petition so it is worth giving it some thought at that stage. If you are able to agree the terms of the divorce you may wish to agree, for example that your petition will include a request for the Respondent to pay half the costs of the petition. If there is no agreement you may wish to use the costs claim as a negotiating lever by, for example, making a claim for costs limited to one half of the costs unless the matter becomes defended.
Any change is your costs requirements can be dealt with in the affidavit which you swear in support of the petition and if the point has been agreed by then (as it often is) you can tell the court what costs order you want in the affidavit.
DECREE NISI and ABSOLUTE
It is important to understand the difference between the two types of decree. Nisi is the Latin for "unless" which is a very accurate way of looking at it. You are not divorced at the stage of the decree nisi but will be unless, within 6 weeks following its pronouncement, something happens which prevents the decree being made absolute such as reconciliation or the discovery that the divorce is invalid.
You will not be divorced until you apply for and obtain your decree absolute. This is done by sending or taking the APPLICATION FOR DECREE NISI TO BE MADE ABSOLUTE to the court and paying a further fee. As to the issue fee payable on the petition you can apply for that fee to be waived or reduced by making enquiries at the court office.
Upon grant of the decree absolute:
• You cease to be married
• Your Will, if you have one will be treated as if any reference to your ex-husband or ex-wife is not there
• Any gift to you in your ex's Will be treated as removed
• If either of you dies the other will no longer be the widow or widower of the other and will not be entitled to any of the benefits under any life insurance or pension
• You can remarry
We recommend making a new Will as soon as you receive your Decree Absolute.
22 August 2012
Divorce and Financial Considerations - 2
SECURED PERIODICAL PAYMENTS
This type of order is a variation on the basic periodical payments order referred to above. The order might be appropriate where the court has heard evidence that the paying party might ignore any order for maintenance. Rather than leaving the receiving party to try and enforce the order the court can secure the payment by imposing a charge (a sort of court imposed mortgage) over the paying party's assets. If he does not pay, the wife can apply to the court to enforce the charge by an order for sale of the property to which the order attaches.
LUMP SUM ORDER
This is almost self-explanatory. The order provides for payment by one party of a capital lump sum to the other. This type of order might be used in respect of savings or cash which the court thinks that the receiving party should take. It is also common for a lump sum order to be made simultaneously with a property adjustment order.
PROPERTY ADJUSTMENT ORDER
This is dealt with above. Usually, the order relates to a house that the parties own jointly. Even if the house is in the name of only one of the parties the court can make various orders regarding the family home to include:
a) A transfer from both names to just one name. This may involve one partner paying a sum of money to the other, referred to as a "lump sum" (Note: this may be subject to a mortgage. Any Lender would need to be notified of the proceedings. The court cannot force a lender to remove a party from the mortgage, so the party retaining the property would usually promise the court ie "undertake" to pay the mortgage and instalments). Our Conveyancing Team will be able to assist you with any transfer documents.
b) A sale and division of the sale proceeds. This may happen immediately if there is enough sale proceeds for both parties to be rehoused (even with another mortgage). Our Conveyancing Team will be able to assist you with any sale/purchase of property.
c) A sale and division of the house proceeds at a later date ie, this may take place if there are young children of the family or a partner with health needs. The court could order the house should not be sold until the partner living
21 August 2012
Seatons Resources and Links - 5
Barristers
The site of barristers regulatory and official organisation
Law Society
The site of the solicitors regulatory and official organisation. The Law Society represents solicitors in England and Wales.
Supervision of Solicitors
The Office for the Supervision of Solicitors site
Community Legal Service
The former Legal Aid Board official site now called Community Legal Service
Legal Information
A huge online legal community page with plenty of information
Legal News
Online version of the weekly legal newspaper - The Lawyer
Legal Guru
The legal online guru site with loads of interesting legal links
Boundary Disputes
Boundary dispute site
ABTA
The Association of British Travel Agents site
Finance
The Financial Ombudsman Service site
20 August 2012
Access Specialist Asset Protection
We can help create a 'shield' around your assets, ensuring that they remain protected and you need never fear losing your savings or nest egg to pay for care charges; helping to protect your property, savings and other assets from being assessed and confiscated to pay for care fees in the future.
Free No Obligation 15 Minute Chat Meeting and Information Guide
You'll be in a better position to take action once you know exactly what your rights and obligations are. To help you, we offer a free, no obligation chat. If you decide to take no further action, that's totally up to you. We also offer a free Information Guide that helps you to get more useful information about Residential Care. To find out more simply email us at adrian@seatons.co.uk or ring us on 01536 276300.
Take Action Now!
Don't fall victim to the scandalous current approach to care fees in the UK. The system is unfair, it's unjust and it could cost you everything!
We can help you take on the authorities and hold onto what is rightfully yours. We could save you and your family a small fortune … and maybe protect everything you worked a lifetime to build.
Free No Obligation 15 Minute Chat Meeting and Information Guide
You'll be in a better position to take action once you know exactly what your rights and obligations are. To help you, we offer a free, no obligation chat. If you decide to take no further action, that's totally up to you. We also offer a free Information Guide that helps you to get more useful information about Residential Care. To find out more simply email us at adrian@seatons.co.uk or ring us on 01536 276300.
Take Action Now!
Don't fall victim to the scandalous current approach to care fees in the UK. The system is unfair, it's unjust and it could cost you everything!
We can help you take on the authorities and hold onto what is rightfully yours. We could save you and your family a small fortune … and maybe protect everything you worked a lifetime to build.
19 August 2012
Divorce Procedure
BASIC OVERVIEW
This page deals with Undefended "Special Procedure" Divorces. Over 95% of divorces are dealt with in this way. There are five separate stages as follows:
ISSUE PROCEEDINGS
A Divorce Petition, Statement of Arrangements, and other documents are prepared and filed at Court.
ACKNOWLEDGEMENT OF SERVICE
The court sends the papers to the other party "Respondent" who has to complete an Acknowledge-ment of Service form and return it to the court.
DIRECTIONS FOR TRIAL
The Petitioner completes Directions for Trial form and an Affidavit in Support and files them at Court.
DECREE NISI
A Judge will then consider the papers and if satisfied will pronounce a Decree Nisi.
DECREE ABSOLUTE
This is the final divorce order, and can be applied for by the Petitioner six weeks and a day after the pronouncement of the Decree Nisi.
THE PETITION
The issue of a PETITION starts the divorce. This will be in a standard form and will need to contain the particulars required by the rules. If the form is followed it is relatively easy to draft the petition. The main points to bear in mind are these:
• The date and place of the marriage need to be shown exactly as they are in the marriage certificate (which needs to be lodged at the court with the divorce petition
• Many of the questions in the divorce can be answered by striking out the word "except" at the end of the paragraph
• Details must be given of the children of the marriage who are the children of both of you or children who have been treated as children of both of you. They cease to be children of the family after they reach the age of 17 or, if later, leave full time education or training. When describing the children in the petition state each child's full name and date of birth e.g.
• There are no children of the family now living except
• John Smith who was born on the date of 19
• Jane Smith who was born on the date of 19
• After the statement that the marriage has broken down irretrievably set out the ground upon which you rely and in the next section give a short statement of facts explaining the basis of your divorce.
• Do not strike out the claims for financial relief in the prayer at the end of the petition. You cannot have the claims dismissed in order to achieve a Clean Break unless the prayer is left intact although the claims on behalf of the children should be struck out of there are no children.
THE STATEMENT OF ARRANGEMENTS
THE STATEMENTS OF ARRANGEMENTS FOR CHILDREN will need to be completed if there are children. Answer the questions carefully and fully. The court will not make an order in respect of the children unless it believes that an order is necessary. The information must be given to enable a decision to be taken on that point. The Statement is your proposal. If the Respondent disagrees there will be a chance for a counter-proposal to be made.
ISSUE OF PROCEEDINGS
You will need to send or take the following to the court to start divorce proceedings:
1. The divorce petition and one copy for the court to send to the Respondent.
If you have named the co-respondent in an adultery case the court will need a further copy of the divorce petition to serve on that party. In general terms do not name the co-respondent. They have to be served and will often not acknowledge service. You then have to pay to have the court bailiff serve them personally. It is a waste of time and money
2. The Statement of Arrangements and one copy for service
3. Your marriage certificate or, if you cannot get it, a certified copy from the registry office where your marriage was registered.
4. The court fee – if you cannot afford this ask the court about the application for fee exemption or remission and complete the form which you are given.
ACKNOWLEDGEMENT OF SERVICE
The court will send a copy of your petition and statement of arrangements to the other side with a form by which service of the petition can be acknowledged. In the form there is space for admission of adultery or behaviour, confirmation of consent to divorce, agreement or disagreement with the statement of arrangements and various other matters. The Respondent should send back the form, within 14 days of receiving the petition, to the court office who will send a photocopy to you with the court seal on it.
DIRECTIONS FOR TRIAL
If there is no objection to the divorce you can supply the court with evidence in support of your petition. Complete the AFFIDAVIT IN SUPPORT, which the court will send to you with the Acknowledgement of Service form. Attach to it a photocopy of the acknowledgement.
You then need to arrange for the Affidavit to be signed and sworn. This only takes a few minutes but it must be done in front of either a local solicitor (who will charge you about £7.00) or at the local court office before an officer of the court (free of charge)
As well as the affidavit you will need to complete and sign another form entitled REQUEST FOR DIRECTIONS FOR TRIAL (SPECIAL PROCEDURE). Do not be put off by the reference to trial. The District Judge will consider your entitlement to a divorce on the basis of the Petition, the Affidavit and, occasionally, further information or affidavit evidence which might be requested to clear up any worries or doubts which the Judge has. The request for directions is therefore your request that the Judge looks at the facts of your case to decide if you are entitled to a divorce.
This page deals with Undefended "Special Procedure" Divorces. Over 95% of divorces are dealt with in this way. There are five separate stages as follows:
ISSUE PROCEEDINGS
A Divorce Petition, Statement of Arrangements, and other documents are prepared and filed at Court.
ACKNOWLEDGEMENT OF SERVICE
The court sends the papers to the other party "Respondent" who has to complete an Acknowledge-ment of Service form and return it to the court.
DIRECTIONS FOR TRIAL
The Petitioner completes Directions for Trial form and an Affidavit in Support and files them at Court.
DECREE NISI
A Judge will then consider the papers and if satisfied will pronounce a Decree Nisi.
DECREE ABSOLUTE
This is the final divorce order, and can be applied for by the Petitioner six weeks and a day after the pronouncement of the Decree Nisi.
THE PETITION
The issue of a PETITION starts the divorce. This will be in a standard form and will need to contain the particulars required by the rules. If the form is followed it is relatively easy to draft the petition. The main points to bear in mind are these:
• The date and place of the marriage need to be shown exactly as they are in the marriage certificate (which needs to be lodged at the court with the divorce petition
• Many of the questions in the divorce can be answered by striking out the word "except" at the end of the paragraph
• Details must be given of the children of the marriage who are the children of both of you or children who have been treated as children of both of you. They cease to be children of the family after they reach the age of 17 or, if later, leave full time education or training. When describing the children in the petition state each child's full name and date of birth e.g.
• There are no children of the family now living except
• John Smith who was born on the date of 19
• Jane Smith who was born on the date of 19
• After the statement that the marriage has broken down irretrievably set out the ground upon which you rely and in the next section give a short statement of facts explaining the basis of your divorce.
• Do not strike out the claims for financial relief in the prayer at the end of the petition. You cannot have the claims dismissed in order to achieve a Clean Break unless the prayer is left intact although the claims on behalf of the children should be struck out of there are no children.
THE STATEMENT OF ARRANGEMENTS
THE STATEMENTS OF ARRANGEMENTS FOR CHILDREN will need to be completed if there are children. Answer the questions carefully and fully. The court will not make an order in respect of the children unless it believes that an order is necessary. The information must be given to enable a decision to be taken on that point. The Statement is your proposal. If the Respondent disagrees there will be a chance for a counter-proposal to be made.
ISSUE OF PROCEEDINGS
You will need to send or take the following to the court to start divorce proceedings:
1. The divorce petition and one copy for the court to send to the Respondent.
If you have named the co-respondent in an adultery case the court will need a further copy of the divorce petition to serve on that party. In general terms do not name the co-respondent. They have to be served and will often not acknowledge service. You then have to pay to have the court bailiff serve them personally. It is a waste of time and money
2. The Statement of Arrangements and one copy for service
3. Your marriage certificate or, if you cannot get it, a certified copy from the registry office where your marriage was registered.
4. The court fee – if you cannot afford this ask the court about the application for fee exemption or remission and complete the form which you are given.
ACKNOWLEDGEMENT OF SERVICE
The court will send a copy of your petition and statement of arrangements to the other side with a form by which service of the petition can be acknowledged. In the form there is space for admission of adultery or behaviour, confirmation of consent to divorce, agreement or disagreement with the statement of arrangements and various other matters. The Respondent should send back the form, within 14 days of receiving the petition, to the court office who will send a photocopy to you with the court seal on it.
DIRECTIONS FOR TRIAL
If there is no objection to the divorce you can supply the court with evidence in support of your petition. Complete the AFFIDAVIT IN SUPPORT, which the court will send to you with the Acknowledgement of Service form. Attach to it a photocopy of the acknowledgement.
You then need to arrange for the Affidavit to be signed and sworn. This only takes a few minutes but it must be done in front of either a local solicitor (who will charge you about £7.00) or at the local court office before an officer of the court (free of charge)
As well as the affidavit you will need to complete and sign another form entitled REQUEST FOR DIRECTIONS FOR TRIAL (SPECIAL PROCEDURE). Do not be put off by the reference to trial. The District Judge will consider your entitlement to a divorce on the basis of the Petition, the Affidavit and, occasionally, further information or affidavit evidence which might be requested to clear up any worries or doubts which the Judge has. The request for directions is therefore your request that the Judge looks at the facts of your case to decide if you are entitled to a divorce.
18 August 2012
Grounds for Divorce
A person who applies for the divorce is called "the Petitioner" and their spouse is called "the Respondent".
Firstly, a Divorce Petition has to be issued by the court. This document will state why the Petitioner is seeking a divorce from the Respondent. There is only one ground for divorce and that is the irretrievable breakdown of the marriage which can be established by proving one of five facts as detailed below:
1. Behaviour – Your spouse "the Respondent" has behaved in such a way that you cannot reasonably be expected to live with them. This could be behaviour such as drinking to excess regularly, gambling, inappropriate friendships with the opposite sex. There are many other examples, (on which we can advise) but essentially the effect of the Respondent's behaviour is such that the Petitioner cannot continue to live with it, and the court would decide upon this.
2. Adultery – Your spouse "the Respondent" has committed adultery and you find it intolerable to live with them. This has to be proved by admission or producing evidence that they have had sexual intercourse with a person of the opposite sex. It is not necessary to name the other person involved. The fact that the Petitioner and Respondent may be separated at the time when the adultery takes place does not prevent it from being adultery.
3. Two Years Separation WITH CONSENT – You and your spouse have lived separately and apart for a continuous period of 2 years and your spouse "the Respondent" will agree to the divorce. If they will not give this consent a petition cannot be issued.
4. Five Years Separation – You and your spouse "the Respondent" have lived separate and apart for a continuous period of 5 years. You do not need the consent of your spouse.
NOTE: For 2 and 5 years separation petitions, if you live with your spouse for a period of 6 months or more/or periods totalling 6 months within the period of separation on which the divorce is based, this will dis entitle you to a divorce.
5. Desertion – This rarely applies in practice. Desertion is different from separation in that it requires the separation to have been entirely unilateral without even an implied agreement by the Petitioner to the separation. The period of desertion must be a minimum of 2 years before a petition is presented.
TIME LIMITS
There are time limits in respect of adultery and behaviour petitions. Although the petition can be issued at any time the Petitioner should not continue to live with the Respondent for too long after finding out about the wrong doing. If the parties live together for a period of 6 months or periods totalling 6 months after the last incident of behaviour upon which the Petitioner relies or after the date upon which the Petitioner found out about the adultery then the right to u
Firstly, a Divorce Petition has to be issued by the court. This document will state why the Petitioner is seeking a divorce from the Respondent. There is only one ground for divorce and that is the irretrievable breakdown of the marriage which can be established by proving one of five facts as detailed below:
1. Behaviour – Your spouse "the Respondent" has behaved in such a way that you cannot reasonably be expected to live with them. This could be behaviour such as drinking to excess regularly, gambling, inappropriate friendships with the opposite sex. There are many other examples, (on which we can advise) but essentially the effect of the Respondent's behaviour is such that the Petitioner cannot continue to live with it, and the court would decide upon this.
2. Adultery – Your spouse "the Respondent" has committed adultery and you find it intolerable to live with them. This has to be proved by admission or producing evidence that they have had sexual intercourse with a person of the opposite sex. It is not necessary to name the other person involved. The fact that the Petitioner and Respondent may be separated at the time when the adultery takes place does not prevent it from being adultery.
3. Two Years Separation WITH CONSENT – You and your spouse have lived separately and apart for a continuous period of 2 years and your spouse "the Respondent" will agree to the divorce. If they will not give this consent a petition cannot be issued.
4. Five Years Separation – You and your spouse "the Respondent" have lived separate and apart for a continuous period of 5 years. You do not need the consent of your spouse.
NOTE: For 2 and 5 years separation petitions, if you live with your spouse for a period of 6 months or more/or periods totalling 6 months within the period of separation on which the divorce is based, this will dis entitle you to a divorce.
5. Desertion – This rarely applies in practice. Desertion is different from separation in that it requires the separation to have been entirely unilateral without even an implied agreement by the Petitioner to the separation. The period of desertion must be a minimum of 2 years before a petition is presented.
TIME LIMITS
There are time limits in respect of adultery and behaviour petitions. Although the petition can be issued at any time the Petitioner should not continue to live with the Respondent for too long after finding out about the wrong doing. If the parties live together for a period of 6 months or periods totalling 6 months after the last incident of behaviour upon which the Petitioner relies or after the date upon which the Petitioner found out about the adultery then the right to u
17 August 2012
Divorce and Financial Considerations
The court has power to make various orders in respect of the matrimonial finances. The type of orders made involve the court in a difficult balancing exercise in an attempt to formulate a reasonable division having regard to the criteria in Section 25 of the Matrimonial Causes Act 1973. The types of orders the court can make are as follows:
PERIODICAL PAYMENTS
This is also known as a maintenance order and requires one party, typically but not necessarily the husband, to pay a regular sum of money to the other. The court no longer has any power in respect of child maintenance where the payment is made to or for the benefit of a child of the family. If a party with whom the children are living wants maintenance, he or she will have to apply to the Child Support Agency who deal with assessment and collection or payment under their own powers and rules.
This type of order is now less popular than it was. The court must, in all cases, look at whether a clean break is possible and, if it is not, whether maintenance can be limited to a period within which the party receiving it can get to a stage of self sufficiency by earning his or her own income. Such an order might be appropriate where there are young children and the wife cannot earn enough to support herself whilst looking after them. Care will be taken to ensure that, if the wife is in receipt of benefits such as income support the maintenance will not disqualify her from such benefits. This is less of a problem where the husband is well paid. Where he has only a modest income, periodical payments to the wife would stop her from claiming benefit and neither party could survive, the court would inevitably think about giving the wife more capital to reflect her entitlement. In this way the husband would be let off any maintenance liability to her and would instead take less of the value in the house or other capital in order to achieve a clean break.
PERIODICAL PAYMENTS
This is also known as a maintenance order and requires one party, typically but not necessarily the husband, to pay a regular sum of money to the other. The court no longer has any power in respect of child maintenance where the payment is made to or for the benefit of a child of the family. If a party with whom the children are living wants maintenance, he or she will have to apply to the Child Support Agency who deal with assessment and collection or payment under their own powers and rules.
This type of order is now less popular than it was. The court must, in all cases, look at whether a clean break is possible and, if it is not, whether maintenance can be limited to a period within which the party receiving it can get to a stage of self sufficiency by earning his or her own income. Such an order might be appropriate where there are young children and the wife cannot earn enough to support herself whilst looking after them. Care will be taken to ensure that, if the wife is in receipt of benefits such as income support the maintenance will not disqualify her from such benefits. This is less of a problem where the husband is well paid. Where he has only a modest income, periodical payments to the wife would stop her from claiming benefit and neither party could survive, the court would inevitably think about giving the wife more capital to reflect her entitlement. In this way the husband would be let off any maintenance liability to her and would instead take less of the value in the house or other capital in order to achieve a clean break.
16 August 2012
co-habitation Agreements - Family Law
Over the years the number of people getting married has fallen whilst the number of people living together and having children outside of marriage has risen.
Today more couples may decide that rather than getting married they will make a formal legal agreement regarding the terms of their relationship. Whilst this may seem at odds with the tradition of marriage in some cases a "Co-habitation" agreement makes sense.
A Co-habitation Agreement may set down guidelines about a couple's relationship from the start, to include things such as the purchase of a home and each others financial responsibilities.
Entering into such an agreement will make both parties think very hard about what they want from their relationship and may help to avoid problems arising in the future. It is also a useful means of deciding what will happen if the relationship comes to an end, thus preventing resentment and bitterness as both parties will know exactly the outcome. It should be noted that any agreement is not set in stone and will have to have some flexibility to suit any changing needs during the time the parties are together.
A Co-habitation Agreement must be drafted very carefully if enforcement issues are to be avoided. Our dedicated Family Law Team will be able to assist in preparing such an agreement.
GUIDANCE AND HELP
We aim to provide our clients with a quality legal service. We will help and support you. We will provide a professional and efficient service. We will use plain English and not legal jargon. All matters are completely confidential.
Today more couples may decide that rather than getting married they will make a formal legal agreement regarding the terms of their relationship. Whilst this may seem at odds with the tradition of marriage in some cases a "Co-habitation" agreement makes sense.
A Co-habitation Agreement may set down guidelines about a couple's relationship from the start, to include things such as the purchase of a home and each others financial responsibilities.
Entering into such an agreement will make both parties think very hard about what they want from their relationship and may help to avoid problems arising in the future. It is also a useful means of deciding what will happen if the relationship comes to an end, thus preventing resentment and bitterness as both parties will know exactly the outcome. It should be noted that any agreement is not set in stone and will have to have some flexibility to suit any changing needs during the time the parties are together.
A Co-habitation Agreement must be drafted very carefully if enforcement issues are to be avoided. Our dedicated Family Law Team will be able to assist in preparing such an agreement.
GUIDANCE AND HELP
We aim to provide our clients with a quality legal service. We will help and support you. We will provide a professional and efficient service. We will use plain English and not legal jargon. All matters are completely confidential.
15 August 2012
Seatons Resources and Links - 4
Equal Opportunities
The Equal Opportunities Commission
Harassment
A site that deals with harassment, racial, sexual, stalking, bullying or problem neighbours
HSE
The Health and Safety Executive website
The Law
Information about working in the law
CSA
The official site of the Child Support Agency
Divorce
Loads of information on divorce
Wills
Details of Wills and their contents
Commonwealth
The Foreign & Commonwealth Office website
Landlord/Tenant
A site for landlords and tenants
Letting
Information for landlords, tenants and letting agents
14 August 2012
Seatons Advice About Redundancy
Getting advice from experienced employment solicitors
Seatons Solicitors can help you with the following:• You receive the entitlement you deserve
• You are not signing over your right of appeal if you're less than satisfied with the settlement
• You're not going to miss out on the package you deserve
• You'll have an alternative route to finding a satisfactory resolution without having to go to an employment tribunal
• You will be able to make a decision about signing the compromise agreement with confidence after speaking to a solicitor
• You'll be able to ensure that your severance or redundancy is carried out in a legally binding way, so that both you and your employer are fully aware of any rights or obligations
• You'll be confident after speaking to a professional that your rights, entitlements are protected and that you're receiving an appropriate level of compensation
If you're unsure whether we can provide you with the help you need, or if you are worried about costs, missing out on entitlements or anything else about redundancy, then get in touch today. You don't have to be rushed into a decision and a solicitor can advise you on the best course of action for your individual situation.
13 August 2012
Talk to Seatons About Asset Protection and Shielding
Asset Protection and Shielding
Seatons Asset protection focuses on reducing your worries about losing your assets by showing you what the options are and we'll help you to understand what your situation is regarding paying for long term care. Using our legal services could save you and your family a small fortune … maybe even everything you have worked so hard to build up.Shield and Protect Your Assets
Whether it's you that is facing a hefty residential care fee, or a family member, we at Seaton's Solicitors can help you shield and protect your assets - keeping them out of reach of the Local Council Authority and with you where they belong!
12 August 2012
11 August 2012
Civil Partnerships and Family Law
This area of family law is relatively new, with legislation coming into force in December 2005, which allows same-sex couples to enter into a civil relationship almost like a marriage. The legislation allows same-sex couples who register their relationship under the Act, many of the same rights enjoyed by married couples. They include such things as:
• protection from domestic violence
• enables one partner to insure the other against death
• recognition under the rules of intestacy
Furthermore, the financial provisions that can be applied for by a married couple also extends to registered partnerships ie, property, maintenance, lump sums and pension sharing orders.
There are other issues that can also be dealt with such as, immigration and nationality, child maintenance, employment and pension benefits and death and fatal accident compensation.
It is important to note that a pre-existing will becomes void when entering into a civil relationship and a new will must be made.
In conclusion, couples who proceed to register their partnerships under the Act in many ways, have the same rights and legal remedies available to them as married couples.
GUIDANCE AND HELP
We aim to provide our clients with a quality legal service. We will help and support you. We will provide a professional and efficient service. We will use plain English and not legal jargon. All matters are completely confidential.
• protection from domestic violence
• enables one partner to insure the other against death
• recognition under the rules of intestacy
Furthermore, the financial provisions that can be applied for by a married couple also extends to registered partnerships ie, property, maintenance, lump sums and pension sharing orders.
There are other issues that can also be dealt with such as, immigration and nationality, child maintenance, employment and pension benefits and death and fatal accident compensation.
It is important to note that a pre-existing will becomes void when entering into a civil relationship and a new will must be made.
In conclusion, couples who proceed to register their partnerships under the Act in many ways, have the same rights and legal remedies available to them as married couples.
GUIDANCE AND HELP
We aim to provide our clients with a quality legal service. We will help and support you. We will provide a professional and efficient service. We will use plain English and not legal jargon. All matters are completely confidential.
10 August 2012
Children and Divorce
Until the Children Act 1989 came into force, there was always an order in respect of the children of a marriage even though, frequently, the parents were able to agree matters. After the Act came into force, the courts became less busy with this type of order, which was often dealt with by consent between the parties. The Act also changed the terminology for good reason. The old types of order were not all that people believed.
TYPES OF ORDER – OLD AND NEW
The types of order available under Section 8 of the Act, and their forerunners, are examined here. The most important are:
PARENTAL RESPONSIBILITY ORDERS
These govern the rights and responsibilities of a parent. Such an order does not give the parent with whom the child is not living the chance to interfere with the day-to-day regime and upbringing of the child but it does carry with it the right to be consulted about major events and decisions concerning the child. These might include the religion within which the child is brought up, the type of education that the child receives, serious medical issues and consent for the child to marry before reaching 18 years of age.
Remember that if you are a married parent you automatically have parental responsibility and no order or agreement is necessary. If you are not married you can obtain parental responsibility by agreement with the other parent or by applying to the court.
Seatons Solicitors can help you with the documentation and procedures for a Parental Responsibility Agreement and advise and act if an order is necessary.
TYPES OF ORDER – OLD AND NEW
The types of order available under Section 8 of the Act, and their forerunners, are examined here. The most important are:
PARENTAL RESPONSIBILITY ORDERS
These govern the rights and responsibilities of a parent. Such an order does not give the parent with whom the child is not living the chance to interfere with the day-to-day regime and upbringing of the child but it does carry with it the right to be consulted about major events and decisions concerning the child. These might include the religion within which the child is brought up, the type of education that the child receives, serious medical issues and consent for the child to marry before reaching 18 years of age.
Remember that if you are a married parent you automatically have parental responsibility and no order or agreement is necessary. If you are not married you can obtain parental responsibility by agreement with the other parent or by applying to the court.
Seatons Solicitors can help you with the documentation and procedures for a Parental Responsibility Agreement and advise and act if an order is necessary.
9 August 2012
Seatons Solicitors Frequently Asked Questions - 2
TELL ME ABOUT YOUR TELEPHONE ADVICE SERVICE?
We can arrange to discuss your legal matter with you over the telephone. Any advice and information given over the phone can only be in general terms and to point you in the right direction. All you need to do is to ring us on 01536 276300 at your convenience to discuss your case. Have your credit card handy. We charge a fixed fee of £3.00 per minute. There is a minimum charge of £25.00.
TELL ME ABOUT YOUR FIXED FEE EMAIL SERVICE?
We can arrange a fixed fee e-mail assessment of most legal matters in England and Wales. If you have a legal problem and would like us to carry out an assessment on your behalf, all you need to do is complete the online form. We will then contact you ideally within 3 working days.
We charge a fixed fee of £60.00 for the assessment. You can pay by calling us with your credit card details or if you prefer by cheque payable to 'Seatons Solicitors'.
If the assessment is exceptionally complicated or difficult or if more information is required we may have to return to you further before any actual assessment is given. Sadly we reserve the right to refuse to act in certain circumstances.
DO WE HAVE TO MEET?
If you use our online legal services then we do not have to meet. However if you do prefer face to face discussions then please contact us as we would be more than happy to meet you face to face.
CAN YOU SUPPLY OTHER DOCUMENTS THAT ARE NOT ON YOUR SITE?
Yes of course. Just email us and let us know what you want and we will give you a quote of what the cost would be to prepare the document you need.
TELL ME MORE ABOUT WHY I SHOULD USE YOU
Well, in a nutshell we believe that the quality of our service is second to none. There are a number of companies offering legal services on the internet. With us there is a fundamental difference - everything offered on this site is provided directly by ourselves. There is no middle man or agent who you have to deal with. You always know who you are dealing with and you can be secure in the knowledge that we are professionally qualified, regulated by the Solicitors Regulatory Authority and know what we're doing! We believe this to be really important.
INFORMATION
Before you use the above services it is essential that you read our Terms and Disclaimer page.
8 August 2012
Seatons Resources and Links - 3
Complaining
All you need to know about complaining.
Issuing Court Proceedings
A new Court Serice venture. Money claim online allows you to issue court proceedings for any monetary claim of up to £100,000. There are however conditions.
Trading Standards
Government regulation and enforcement protection for the consumer.
Trading Standards Guide
Trading Standards and consumer protection web guide
Date Protection
This is the site of the Data Protection Registrar
Disability
Information for those who are disabled or who work for and with the disabled.
ACAS
The Advisory, Conciliation and Arbitration Service website
Housing/Immigration and Welfare
Information on housing, immigration, employment and welfare benefits
Racial Equality
The Commission for Racial Equality's website
Employment Tribunal
Information about the Employment Tribunal
7 August 2012
Talk to Seatons Solicitors About Your Legal Compromise Agreement
Dealing with Redundancy
Redundancy is probably already placing you under a lot of pressure, but you can eliminate the stress of the agreement by contacting us to discuss how we can help. We'll be able to review your agreement and offer advice on the situation and what your entitlements are. If you're employer is offering the right entitlements, then we'll tell you, if you want to negotiate, we can help - and if you feel that the agreement is not in order, then we'll give you guidance on the best way forward.It doesn't matter what your field of work or what level you're employed at - you have the right to a suitable severance or redundancy package. If you're a high powered corporate whizz or your work in a small to medium business - we can support you to ensure that you receive what is rightfully yours.
6 August 2012
Protecting your Assets
Fight an Unjust System and Keep Control of What is Rightfully Yours!
If you don't believe that you should have to hand over your money - Seatons will help you to protect your hard won savings and assets.We're a team of solicitors that focus on asset protection - and we can shield your assets to ensure that you don't lose your property, nest egg or savings.
We don't do anything illegal or unethical to protect your financial position, we simply use the 'loopholes' that exist in the law to ensure that you keep your money if you require long term care. It is all above board, but it is something the authorities try to keep quiet about, because it is counter-productive to their interests... It makes their job so much more difficult and it costs them money.
5 August 2012
Seatons Solicitors Frequently Asked Questions - 1
WHY SHOULD I USE YOUR SITE?
We have tried to make our site easy and accessible for everybody to use. We also believe our site represents excellent value for money compared with obtaining legal services in a more traditional manner. Unlike many other legal services available on the internet we are a professional firm of solicitors and are specialists. We know what we are doing.
I'M WORRIED THAT I WILL NOT UNDERSTAND EVERYTHING
Please don't worry. We always explain everything in plain English. We are also known as 'the friendly professionals' so we like to think we are very approachable and easy to get on with.
HOW QUICKLY WILL YOU RESPOND TO ME
It depends on the type of matter. We try and respond ideally within 24 hours or at latest within 2 working days.
WHY DO YOU ONLY PROVIDE FREE ADVICE IN CERTAIN AREAS?
The areas we provide free advice are those that we specialise in and love doing so we want to encourage you to instruct us rather than somebody else by offering you free initial advice.
WHAT ABOUT CONFIDENTIALITY?
Naturally everything we do is with completely confidential.
HOW EASY ARE THE YOUR LEGAL DOCUMENTS TO UNDERSTAND?
We always try and make sure that you understand everything. Most of our documents are sent in a word format.
DO YOU DEAL WITH FOREIGN LEGAL MATTERS?
Sadly we can only advise on matters relating to the law in England and Wales.
4 August 2012
Seatons Resources and Links - 2
Trading Standards
Trading Standards site
Social Security
Department of Social Security
Companies House
The site for Companies House
Medical Negligence
Free information on medical negligence claims
Legislation
Fee UK Legislation and cases
Government Acts
Official Government website with details of all Acts passed since 1988
Human Rights
The Governments' official Human Rights Act page
Charities
Loads of information about charities
CAB
The Citizens Advice Bureau official site
Going On Holiday
An interesting holiday information site. Visit the site BEFORE you go on holiday!
3 August 2012
Legal Information for Civil Litigation
We can act on your behalf in taking legal action and provide the best service to our clients. Please telephone us or use our helpline or free online information to receive a fast and efficient client service. We guarantee expert advice and assistance. We can help by making an assessment of your personal issues. You can contact us for a no obligation consultation with a specialist solicitor to discuss your case.
Free Civil Litigation Legal Information Sheets
County Court
Small Claims Court
Starting a Claim
Service and Defence
Judgement in Default
Summary Judgement
Hearings
Enforcement
Duties to the Court
Hints and Tips
Appeals
Free Civil Litigation Legal Information Sheets
County Court
Small Claims Court
Starting a Claim
Service and Defence
Judgement in Default
Summary Judgement
Hearings
Enforcement
Duties to the Court
Hints and Tips
Appeals
2 August 2012
Estate Administration
Seatons Estate Administration
We will help on all matters of estate administration on estates that have a value of over £5,000 including obtaining the grant of probate or grant of letters of administration. You may be unsure who is entitled to the estate assets or how to pay off debts and liabilities. You may even have to deal with intestacy and have an intestate estate. We can help and advise executors and trustees. We deal with all matters relating to Inheritance Tax and Capital Gains Tax. We also deal with claims against estates including challenging a will, and claims under the Inheritance Act 1975 (Claims for Family and Dependents).We can act on your behalf in taking legal action and provide the best service to our clients. Please telephone us or use our helpline or free online information to receive a fast and efficient client service. We guarantee expert advice and assistance. We can help by making an assessment of your personal issues. You can contact us for a no obligation consultation with a specialist solicitor to discuss your case.
1 August 2012
Seatons Solicitors Range of Legal Services
Seatons Legal Services
31 July 2012
What Can I Do If I'm Unhappy With A Compromise Agreement?
Compromise Agreements
If you're not happy with the deal that you've been offered, it is possible to renegotiate and often employers will do this if a satisfactory compromise can be reached by both parties without having to go to a tribunal. With support from a specialist in employment law, there are people who successfully negotiate upwards when arranging their payout. Alternatively, if an employer hasn't offered a legal compromise agreement, you may wish to ask for one to maximise the benefits you receive as part of your redundancy or severance package.In an instance where you're not happy with the agreement, you are under no obligation to sign it. If your employer is unwilling to negotiate, then you may find that the alternative of not signing is your best option. In this situation, you have the option to take the employer to the tribunal and where a decision will be made regarding your claim. This is likely to take into consideration your role, the time you've spent with the employer and the circumstances of your severance or redundancy.
The main thing to be aware of if you're in this situation is that if you've been offered an redundancy package above the minimum payout amount, then you may jeopardize that as it is possible that after going to the tribunal you'll only receive the minimum amount the employer is obliged to pay.
30 July 2012
Protecting your Assets with Planning Advice from Seatons
Your Hard Earned Money Should Stay With You...
The bottom line is that the Government apparently can't afford to cover the cost of long term care for the aging. Those people who have always been responsible - the hard working 'backbone' of this country are the ones who are then paying the price.This shameful situation means that while we send our young people off to war, while the banks are bailed out and while we are propping up the European economy - our elderly are being asked to hand over their lifetimes savings to cover the kind of care that in the past has been paid from their taxes!
If you had been less responsible, if you'd been in receipt of benefits and if you never got a job and saved money to see you through - then you'd get access to this care for free. But those who did the right thing and saved money are now being stripped of the assets they accumulated to provide for their old age.
We believe this situation is utterly unacceptable - so we've been working hard to help ordinary people fight back against and win the right to retain control of their assets!
29 July 2012
Seatons Resources and Links - 1
Solicitors Regulation Authority
Independent Solicitors Regulatory Body
Legal Complaints Service
The Legal Complaints Service (LCS) is for members of the public wishing to make a complaint about solicitors.
Court Service
A great site to use if you are involved in a court case
Consumer
Lots of useful consumer information
Parliament
The official site for the House of Commons and House of Lords
Insolvency
The Insolvency Service site
Health and Safety Executive
The site for the Helath and Safety Executive
Land Registry
The Land Registry official site
Inland Revenue
The Inland Revenue official site
Legal Services
The Community Legal Services Site (the old Legal Aid Board)
28 July 2012
Seatons Assessment Forms
Seatons Solicitors Assessment Forms
General Accident Assessment Form
Use this form to provide us with details about an accident that you have had.Road Traffic Accident Assessment Form
Use this form to provide us with details about a road traffic accident that you have had.Slip/Trip Accident Assessment Form
Use this form to provide us with details about an accident that you have had where you slipped/tripped or fell.Criminal Injuries Claim Form
Use this form to provide us with details about an accident that you have had involving a criminal injury.27 July 2012
Civil Litigation
There are occasions however, when Court action is necessary. Rest assured that our Litigation Team will provide a robust and efficient presentation of your case in order to gain best result for you.
We aim to provide a high quality service and will deal with your matter in a friendly and professional manner. We also work hard to ensure that there is regular communication with you to ensure you are kept informed about the progress of your case.
We deal with all different types of legal matters. Please use our online services such as free initial advice, email assessments and telephone helpline advice. We also offer free legal information sheets and various legal documents that you can use. We provide our clients with a quality legal service. We will help and support you and will deal with your legal problems efficiently and effectively. We act for clients across England and Wales and Nationally. Distance is no problem. We are based in Corby Northamptonshire. We particularly love acting for local clients particularly in Corby, Kettering>, Wellingborough, Northampton, Rothwell, Irthlingborough, Finedon, Thrapston, Desborough, and everywhere else in Northamptonshire and also act for many clients in Leicestershire particularly Market Harborough, and Leicester.
We aim to provide a high quality service and will deal with your matter in a friendly and professional manner. We also work hard to ensure that there is regular communication with you to ensure you are kept informed about the progress of your case.
We deal with all different types of legal matters. Please use our online services such as free initial advice, email assessments and telephone helpline advice. We also offer free legal information sheets and various legal documents that you can use. We provide our clients with a quality legal service. We will help and support you and will deal with your legal problems efficiently and effectively. We act for clients across England and Wales and Nationally. Distance is no problem. We are based in Corby Northamptonshire. We particularly love acting for local clients particularly in Corby, Kettering>, Wellingborough, Northampton, Rothwell, Irthlingborough, Finedon, Thrapston, Desborough, and everywhere else in Northamptonshire and also act for many clients in Leicestershire particularly Market Harborough, and Leicester.
26 July 2012
Grant of Probate
The Grant of Probate or Letters of Administration is the legal authority given by the Courts to enable the Estate to be gathered in and distributed.
We can advise on all aspects of dealing with the deceased's Estate. Some probate cases can be complicated and lengthy. However, we pride ourselves on providing a friendly and professional service.
We deal with all different types of estate administration work after a loved ones death. Please use our dedicated telephone helpline. We provide our clients with a quality estate administration and probate service. We will help and support you and will deal with the administration sympathetically and efficiently. We act for clients across England and Wales and Nationally.
Distance is no problem. We are based in Corby Northamptonshire. We particularly love acting for local clients particularly in Corby, Kettering, Wellingborough, Northampton, Rothwell, Irthlingborough, Finedon, Thrapston, Desborough, and everywhere else in Northamptonshire. We also act for many clients in Leicestershire particularly Market Harborough, and Leicester.
We can advise on all aspects of dealing with the deceased's Estate. Some probate cases can be complicated and lengthy. However, we pride ourselves on providing a friendly and professional service.
We deal with all different types of estate administration work after a loved ones death. Please use our dedicated telephone helpline. We provide our clients with a quality estate administration and probate service. We will help and support you and will deal with the administration sympathetically and efficiently. We act for clients across England and Wales and Nationally.
Distance is no problem. We are based in Corby Northamptonshire. We particularly love acting for local clients particularly in Corby, Kettering, Wellingborough, Northampton, Rothwell, Irthlingborough, Finedon, Thrapston, Desborough, and everywhere else in Northamptonshire. We also act for many clients in Leicestershire particularly Market Harborough, and Leicester.
25 July 2012
Planning for the Future
Taking Savings From Responsible Members of the Public Is Like Asking You To Pay Twice!
The fact is you've worked hard all your life. You've paid your taxes and you've put aside a nest egg to see you through your old age. So why should your assets be taken away if you are vulnerable, elderly and require the extra care that your taxes have always paid for?Sadly, there are many people who find their property and cash is taken from them to cover the costs of Residential Care. If you've built up a savings nest egg, paid taxes and been a responsible, productive citizen - then why should the right to care be taken from you once you reach the point at which you need to access the benefits you've effectively paid for in advance.
Find out more at Seatons Asset Protection Service
24 July 2012
Have you been made redundant?
Specialist Advice Is A Must Before You Sign Anything!
If you have been made redundant and asked to sign a legal compromise agreement, then speaking with Seatons Solicitors Compromise Agreement specialist in employment law is a must. A professional can review your agreement and will speak with you about what you need to do and whether the agreement provides you everything that you are entitled.If the employer hasn't initiated a compromise agreement, a solicitor will be able to advise if this is the most appropriate path to take. A compromise agreement will often be the most suitable option as it is more straightforward than going to the tribunal, which in a legitimate redundancy or severance makes it a better choice. The agreement is a binding one, so if you do have any doubts, then make sure you speak with a solicitor and don't feel pressured into signing the agreement before you're ready.
23 July 2012
Living Wills and IHT Planning
Living Wills
A Living Will can record your wishes, with respect to certain medical procedures that are/are not to be employed on loss of mental capacity ("advanced directive"). Alternatively, a Living Will can record your beliefs on such procedures for the family to consider should a difficult decision with regard to your health have to be made ("non-advanced directive").
Inheritance Tax Planning
Inheritance Tax is effectively a death tax payable on people's estates. The first £312,000.00 (as at April 2008) is not taxable. However, any monies in excess of that figure are then taxed at a rate of 40%. We can help minimise the inheritance tax payable on your estate and there are many different ways of doing this, depending on your particular circumstances. Please read our information sheet below and give us a call.
A Living Will can record your wishes, with respect to certain medical procedures that are/are not to be employed on loss of mental capacity ("advanced directive"). Alternatively, a Living Will can record your beliefs on such procedures for the family to consider should a difficult decision with regard to your health have to be made ("non-advanced directive").
Inheritance Tax Planning
Inheritance Tax is effectively a death tax payable on people's estates. The first £312,000.00 (as at April 2008) is not taxable. However, any monies in excess of that figure are then taxed at a rate of 40%. We can help minimise the inheritance tax payable on your estate and there are many different ways of doing this, depending on your particular circumstances. Please read our information sheet below and give us a call.
22 July 2012
Investing in the Future
Seatons Solicitors friendly legal advice for the future
Lasting Power of AttorneyNobody knows what the future holds and situations can arise such as failing health, where we are no longer able to take care of our own affairs. What if you became physically or mentally unable to manage your own affairs or understand what you were doing? How would your funds and assets be dealt with? This might not have any relevance to you now, but it could be important to you in the future. A Lasting Power of Attorney allows you, whilst capable, to determine who can look after your property and financial affairs in the event of your incapacity. Please read our free information sheet below.
Long Term Care Planning
It's hard to imagine not being able to live in your own home, and look after yourself. Planning at the right time to make sure any care you may need in the future is covered without having to sell your home is important for some people. Find out more about the rules about paying for a permanent care home place.
Equity Release
Equity Release allows you to access a proportion of the profit or equity in your property to spend as you wish, whilst continuing to live in your home. This can be extremely valuable to people who have a large amount of equity of profit tied up in their property. Please read our free Equity Release information sheet below.
21 July 2012
Friendly Legal Advice from Seatons
Seatons always provides friendly legal advice
Seatons Legal AdviceComplimentary Legal Advice
Legal Advice by Email
Telephone Seatons for Legal Advice
Seatons Legal Services
Online Legal Services
Personal Legal Services
Seatons Legal Documents
Individual Do It Yourself Legal Documents
Seatons Legal Packs
Seatons Legal Guides and Information Sheets
Legal Information Sheets
Consumer Legal Guides
Seatons Solicitors in Corby
1 Alexandra Road, Corby, Northamptonshire NN17 1PE
Tel: 01536 276 300 Fax: 01536 276 333
Seatons Solicitors in Kettering
38 Trafalgar Road, Kettering, Northamptonshire NN16 8DA
Tel: 01536 311 690 Fax: 01536 511 336
20 July 2012
Seatons Civil Litigation Services
We have helped many clients with the following civil litigation and disputes situations:
Issues between you and your landlord
Boundary and property disagreements
Conflicts with retailers, suppliers or service providers
Claims on the estate of someone who has passed away
Where you are having problems repaying debts
Wherever possible, we always seek to settle disputes by negotiation. In many cases, disputes can be resolved by using alternative dispute resolution (ADR) methods such as mediation and arbitration. These procedures tend to be more informal and less adversarial than going to Court. Our Litigation Team will work for you to reach a mutually satisfactory outcome to both parties.
Issues between you and your landlord
Boundary and property disagreements
Conflicts with retailers, suppliers or service providers
Claims on the estate of someone who has passed away
Where you are having problems repaying debts
Wherever possible, we always seek to settle disputes by negotiation. In many cases, disputes can be resolved by using alternative dispute resolution (ADR) methods such as mediation and arbitration. These procedures tend to be more informal and less adversarial than going to Court. Our Litigation Team will work for you to reach a mutually satisfactory outcome to both parties.
19 July 2012
Seatons Probate and Estate Administration
Seatons Probate Legal Advice
When somebody dies it is important to make sure that the Estate is administered efficiently and sympathetically.If the deceased has made a Will that obviously will give instructions as to how the deceased would like the Estate to be distributed. If there is no Will then the Estate will be distributed in accordance with the Law (known as the Intestacy Rules).
It is necessary to gather together details and information about the deceased's assets and liabilities if the net value of the deceased's estate is under £5,000 then it can often be collected in and distributed without the need to get Court approval.
If however, the value of the deceased's assets is in excess of £5,000 then it is essential to get Court approval in the form of obtaining a Grant of Probate if there is a Will or a Grant of Letters of Administration if there is no Will.
18 July 2012
Worried About Paying Residential Care Fees?
Don't Pay Twice For Residential Care
- Protect Your Property and Your Assets!Have you ever considered what would happen to your home and nest egg if you had to go into residential care?
Across the UK we face a national scandal that affects thousands of families every year. Hard working Britons just like you are having their savings, property and other assets are being claimed by Local Authorities and taken away to pay for the long term care of the old and vulnerable.
Seatons Asset Protection Planning
17 July 2012
Understanding Legal Agreements
Why You MUST Get Specialist Legal Advice Before Accepting Any Agreement
Making use of a legal compromise agreement during a redundancy has been used in severance situations in the past, and the major reason for using one is to clarify exactly what the employee would receive and to impose limitations on pursuing further legal action, as well as in situations where the employer may wish to limit the former employees options to work with competitors.While many employers are using these agreements with the best of intentions, the fact that they prevent further action being taken makes it possible that other less scrupulous employers could use it to prevent employees from receiving their full entitlement.
A compromise agreement is an agreement that when used correctly prevents employees from taking action against an employer, however to be valid, the agreement must be in writing, it should agree only with the process of termination of employment and you must be given the opportunity to seek independent legal advice before signing the legal document.
16 July 2012
Conveyancing help and information sheets
Seatons free conveyancing information sheets
Sales and PurchasesMortgage
Equity Release
Removal Checklist
Gifts and Transfers of Equity
Council Right to Buy
Estate Agents
Planning Permission
Building Regulations
Moving Home? - How To Choose The Right Solicitor
Seatons Residential Property Team
15 July 2012
Seatons Legal Services
Seatons Solicitors provides a broad range of legal services
We offer a friendly, effective and quality legal service for people. If you have a legal problem that is a little unusual and is not covered in the rest of this site then please email us with full details and we will see if we can help you.
14 July 2012
Civil Litigation and Disputes Solicitors
Introduction to Seatons Civil Litigation and Dispute Resolution
Dealing with a dispute, whether it is small or large,
can be a particularly stressful experience, especially if you are
unsure about the costs and procedures involved.
Our Litigation Team regularly handle a wide range of disputes and we can provide practical and specialist advice with the aim of resolving your dispute quickly and cost-effectively.
Contact Seatons Civil Litigation team
Our Litigation Team regularly handle a wide range of disputes and we can provide practical and specialist advice with the aim of resolving your dispute quickly and cost-effectively.
Contact Seatons Civil Litigation team
13 July 2012
Seatons Probate and Estate Administration Solicitors
Probate
My name is John Pridmore.
I am a legal advisor who specialises in
dealing with probate and estate
administration.
Please call me on 01536-760379
or email me at john@seatons.co.uk
Taking care of a loved one's estate
Seatons can provide a Fast Efficient Service with Low Cost Value For Money Fees coupled with Helpful and Friendly Advice
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