Wrigley Claydon Solicitors

Category: Family Law

  • “Jack’s Law” Paid bereavement leave for Parents who suffer the loss of a child under 18

    The UK is about to be the first country in the world to allow parents who suffer the loss of a child under the age of 18 years, to take paid bereavement leave.

    Following a campaign by Lucy Hurd “Jack’s law” will be introduced from April.

    Lucy’s son Jack died aged just 23 months when he drowned in a pond. Jack’s father was entitled to only three days off work to grieve, one of these being the day of the funeral. Lucy recognised that in the aftermath of the death of a child the parents not only have to cope with their own grief but also that of siblings and the wider family. A sudden death may involve a post-mortem or inquest. Parents will now be entitled to take two weeks paid leave from work. It is hoped this will help 10,000 families a year in the UK.

     

    If you need help and legal advice following a bereavement or a difficult employment issue please contact Wrigley Claydon Probate solicitor Rachel Damianou on telephone (0161) 624 6811 option 3/email rld@WrigleyClaydon.com  and our employment solicitor John Porter  can be contacted on telephone (0161) 624 6811 option 4/email jap@WrigleyClaydon.com

  • Relationships: time to move in or out this New Year?

    January is one the busiest months for Family Lawyers: the stresses and strains of the holiday season, with sometimes forced jollity and keeping up appearances, have past and the focus turns to the future.

    The New Year might mean taking the courage to move out of a relationship which is no longer working or perhaps moving an existing relationship into a new phase (moving in together or getting engaged).

    Here are some top tips:
    Get some early advice even if you aren’t yet ready to act on it.
    If possible, tell any children together about your decision to separate/move in with a partner. Encourage them to share any worries with you rather than keep them to themselves.

    If separating; start gathering financial information so you have at least a basic outline of what both parties earn, the capital & savings you have and (in the case of married couples) what pension savings there are.

    If you are planning to move in with a partner, consider a “cohabitation agreement” so you know what your position will be if the new phase of your relationship doesn’t work out as planned.

    Try to focus on planning for a more positive future rather than dwelling on a (perhaps) unhappy recent past.

    Choose a solicitor who is a member of Resolution (www.resolution.org.uk) a group of family justice professionals who are committed to following a non-confrontational and constructive approach to resolving family issues.

    Contact us on 0161 624 6811

  • Separated Couples with Children – Have you agreed arrangements for Christmas?

    As Christmas approaches, the nation is busying themselves with all the tasks that need to be undertaken prior to Christmas; the shopping , present buying, food shopping and other essential housekeeping tasks. Plans are being made to visit relatives and friends over the festive period.

    However, in all the hustle and bustle leading up to Christmas, have you agreed arrangements for the children?

    It is important to all concerned that arrangements are agreed if possible, at an early stage, so that there are no misunderstandings about the time the children are to spend with each parent.

    The children themselves can look forward to the time they will spend with their parents and wider family.

    If it is possible to reach an agreement directly, it is always a good idea to write down what has been agreed and each parent keep a copy for reference purposes. Be willing to compromise in any arrangements. Most parents would like to spend Christmas Eve and Christmas morning with their children, so it will not be possible for both parents to have the children at the same time. Consider agreeing to compromise on the basis that the parent who has Christmas eve and Christmas day morning this year, will agree to alternate the arrangement, so that the other parent spends time with the children Christmas Eve and Christmas morning next year in 2020.

    Also consider arrangements for the New Year. If one parent has Christmas Eve and Christmas morning with the children, the other parent could have New Years Eve and New years day with the children.

    It is hoped that most parents can agree the arrangements at an early stage before Christmas. This will clearly be in the children’s best interests and will avoid any conflict over Christmas.

    If however it is not possible to agree arrangements, the best way forward would be for either party to make a referral to the Family mediation service, who are a body of professionals who can assist separated couples to reach an agreement in respect of the arrangements for the children.

    If it is still not possible to agree arrangements after the mediation process, then either party would be at liberty to make an application to the Court.     The court can then adjudicate on the arrangements in respect of the children and make an order setting out the terms of the arrangements for the time each of the children spend with their parents.

    If you like to talk to a member of our family team please contact either Corinne Bailey-Brown, Terri Pickup or Rhona Royle on 0161 624 6811

     

    Click here to find out more about Family Lawyers
    Click here to find out more about Divorce Lawyers
    Click here to find out more about Finances on Separation

    The Family Law Team:
    Rhona Royle
    Terri Pickup

  • Alternative methods of resolving finances on separation

    Bake Off Judge, Paul Hollywood and his wife have reportedly decided to resolve their financial matters through arbitration rather than the courts. Arbitration is one of the ways to resolve disputes outside of court.

    There are a variety of methods by which to resolve financial matters on separation, court proceedings are always the last resort and during an initial appointment with a client, we would explore the various options for determining financial matters.

    If appropriate, the first option would be to see if an agreement can be reached via negotiations through solicitors. At Wrigley Claydon, we take a constructive but robust approach on behalf of our client’s at what is undoubtedly a difficult time both financially and emotionally.

    Another option would be for both parties to attend mediation (as presenter Ant McPartlin is). This process is often a quicker and cheaper way of reaching an agreement, although it would require both parties to voluntarily attend and neither party can be forced to mediate.

    Unfortunately though in some cases, court proceedings are the only option.

    Early advice on financial matters is always wise, if you would like to arrange a quick 30 minute consultation to discuss financial issues on separation please contact a member of our family team on 0161 624 6811 (Option 5)

     

    Click here to find out more about Family Lawyers
    Click here to find out more about Divorce Lawyers
    Click here to find out more about Finances on Separation

    The Family Law Team:
    Rhona Royle
    Terri Pickup
    Sara Asif

  • Economic Abuse

    (Since this blog was prepared, the Law Society Gazette has reported that unfortunately “Domestic Abuse legislation will fall…as a result of next month’s general election”)

    More and more we are seeing clients who have been the victim of a financially controlling partner. It is not always evident to a client that they may have been subject to financial control, until we explain that Domestic Abuse is not just physical and emotional abuse.

    The Domestic Abuse Bill 2019 brings about further change to the definition of Domestic Abuse to include Economic Abuse. This is defined as any behaviour that has a substantial adverse effect on a person’s ability to a) acquire, use or maintain money or property or b) obtain goods or services.

    This definition is in addition to financial abuse. It does not just relate to money, food, transport but also to credit ratings and running up debts in another person’s name.

    Resolution, an organisation of family justice professionals who work together with individuals to manage conflict, “also welcome the recommendation to future proof the definition of Domestic Abuse, while at the same time including specific abusive behaviour”.

    Issues regarding domestic abuse need to be handled in a sensitive manner, the team at Wrigley Claydon solicitors can assist you if you believe that you are the victim of this behaviour. For a quick consultation please contact us on 0161 624 6811.

    Click here to find out more about Family Lawyers
    Click here to find out more about Divorce Lawyers
    Click here to find out more about Finances on Separation

    The Family Law Team:
    Rhona Royle
    Terri Pickup

    External Sources:
    Draft Domestic Abuse Bill
    Resolution: Domestic Abuse Draft Bill – Report of the Joint Committee
    Law Gazette: Domestic abuse legislation to fall due to election

  • Is that really my child?

    This is a question raised many time when a relationship breaks down and the ex-partner becomes pregnant.

    Recently it was reported that Julio Iglesias was ruled by the Spanish courts to be the biological father of a 43 year old male. It is said that Iglesias who is now 75, had refused to provide a DNA sample for the purpose of testing. However the court heard credible evidence of the affair with the singer. Mr. Sanchez has spent 30 years trying to prove that Mr. Iglesias is his father. The singer can however Appeal against the verdict.

    In the English courts, if there is a dispute about the paternity of a child, either parent can apply to the courts for a Declaration of Parentage. The courts can direct paternity testing (DNA) to ascertain whether a parent is or is not the father or mother of a particular child.

    This does not mean however, that a person can be forced or compelled to give a sample. It should be noted however, that if a person refuses, the court is entitled to draw an inference that the child is theirs in the absence of a reasonable explanation for the refusal.

    A child’s welfare generally demands that he or she knows the truth about his or her parentage.

    If you would like to talk through any issues relating to the parentage of a child, please feel free to contact one of our family team. Please call to speak to either Terri Pickup or Rhona Royle on 0161 624 6811

  • How long does it take to get divorced? Court Delays Increasing

    Only a few years back when posed with the question ‘how long does it take to get divorced?’ by a new client I’d have advised with some confidence “about 6 to 9 months”.

    Not any longer.

    Figures released for the first quarter of this year showed that the average time for getting from the start of the case (the issue of a divorce petition) to the end (receipt of the Decree Absolute) it is now taking an average of 59 weeks or over 14 months!
    This is an increase of 6 weeks from the same period last year.

    So why might this be?
    More cases for the courts to deal with?
    Fewer court staff to process the paperwork and Judges to make decisions?
    Withdrawal of legal aid for early advice?
    To a degree, all these factors appear to be contributing.

    In the first three months of this year just over 29,000 new divorce cases were started, up 6% from the same period in 2018.
    The number of courts dealing with Divorce cases drastically reduced upon the creation of 11 “Regional Divorce Centres”.

    The most senior Family Judge, Sir Andrew McFarlane, President of the Family Division said earlier in the year that these centres “have not worked well” and “indeed some, including {the Regional Centre for the North West} Liverpool have provided a wholly unacceptable service”.

    Not a ringing endorsement for a process you must pay a court fee of £550 for!

    In April 2013 legal aid for many Private law cases and early advice was removed which inevitably led to litigants representing themselves. Having two warring parties in court without the filter of legal representation inevitably causes cases to take longer.
    If you need help with separation issues, please consider allowing us to help you. For an consultation, contact us on 0161 624 6811.

  • How often have you all heard this…

    How often have you all heard this…

    “He’s not seeing the children again”

     

    “She is stopping me seeing my children because I have a new partner”

     

    “No money, you are not seeing the children”.

     

    “She/he is using the children as a weapon to try and punish me for ending the relationship”

     

    These are but a fraction of the reasons repeated by parents who are angry and upset following the breakdown of a relationship. Relationship breakdown is often difficult and emotions are raw and can impact on the children.

    Under the Children Act of 1989 it is a child’s fundamental right to spend time with each parent unless there are very good reasons why this should not happen. After parents separate, promoting contact with both parents can help children adjust to the separation and feel more happy and content, knowing they are able to spend time with each.

     

    We at Wrigley Claydon understand the difficulties raised by our clients and are here to help if you need help or guidance through this difficult time. If you would like to discuss your situation with us, please feel free to contact one of our family team and speak to either Terri Pickup or Rhona Royle.

    Click here to find out more about Arrangements for Children
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  • Is it time to consider a Pre-Nup?

    Is it time to consider a Pre-Nup?

    It was recently announced that “Avengers” actress Elizabeth Olson has become engaged to musician Robbie Arnett.

    Sources close to the couple have claimed that they have taken their relationship to the next level with Robbie proposing. Both stars however are yet to confirm the happy news.

     

    Often celebrities and other members of the public, after making wedding plans, turn their minds to whether a pre-nuptial agreement is necessary to protect assets if their relationship should fail.

     

    A pre-nuptial agreement  is a contract which the parties enter into before marriage.

    This document sets out each of the parties rights in respect of any joint assets, including in relation to property, income, inheritance and other such matters.  The agreement will set out how these will be divided in the event that the marriage should end.

    A pre-nuptial agreement can provide parties with peace of mind for the future and can often prevent acrimony in the event of marriage breakdown, with each party knowing precisely what will happen if things do go wrong.

     

    If you would like advice or wish to consider whether a pre-nuptial agreement is right for you, please contact our experts who will be happy to guide you through the pros and cons of considering such an Agreement.

    Please feel free to contact Rhona Royle or Terri Pickup on 0161 624 6811 or another member of our family department.

    Click here to find out more about Family Lawyers

  • How long will it take to get divorced?

    How long will it take to get divorced?

    Rhona Royle, Head of Family Law at Wrigley Claydon Solicitors, comments:

    Only a few years back when posed with this question by a new client I’d have advised with some confidence “about 6 to 9 months”.

    Not any longer.

    Figures released for the first quarter of this year showed that the average time for getting from the start of the case (the issue of a divorce petition) to the end (receipt of the Decree Absolute) it is now taking an average of 59 weeks or over 14 months!

    This is an increase of 6 weeks from the same period last year.

    So why might this be?

    More cases for the courts to deal with? Fewer court staff to process the paperwork and Judges to make decisions? Withdrawal of legal aid for early advice?

    To a degree, all these factors appear to be contributing.

    In the first three months of this year just over 29,000 new divorce cases were started up 6% from the same period in 2018.

    But it is the impact of an increase in all types of family cases not just divorces. Domestic violence case starts were up by 15% and “private law” cases (namely those between parents to settle the arrangements for where children should live and how much time they should spend with the other parent) were up 12%.

    The number of courts dealing with Divorce cases drastically reduced upon the creation of 11 “Regional Divorce Centres”.

    The most senior Family Judge, Sir Andrew McFarlane, President of the Family Division said earlier in the year that these centres “have not worked well” and “indeed some, including {the Regional Centre for the North West} Liverpool have provided a wholly unacceptable service”.

    His predecessor, Sir James Munby, said the centres had become “bywords for delay and inefficiency, essentially because HM Courts and Tribunal Service had been unable or unwilling to furnish them with adequate numbers of staff and judges”.  Not a ringing endorsement for a process you must pay a court fee of £550 for!

    In April 2013 legal aid for many Private law cases and early advice was removed which inevitably led to litigants representing themselves. Having two warring parties in court without the filter of legal representation inevitably causes cases to take longer.

    In the quarter to March 2013 (before the removal of legal aid) both parties had legal representation in 41% of cases by the first quarter of this year that figure had dropped to 19%.

    What does the future look like? In one-word DIGITAL.

    Click here to find out more about Family Lawyers
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