Wrigley Claydon Solicitors

Category: News

  • Decree absolute not always the end of a marriage…

    Decree absolute not always the end of a marriage…

    The recent decision of the Supreme Court in the case of Wyatt and Vince handed down on 11 March 2015 has brought to wider attention the fact that a decree absolute of divorce does not in itself “close the door” on a marriage relationship.

    Many people may be unaware that unless the court has also made a final financial order either by consent after an agreement is reached or at or following a court hearing, the financial aspects of the marriage may in fact remain “unresolved”.

    The Wyatt case, it has to be said, is a highly unusual matter in terms of the facts of the case and there is a danger in reading too much into it. Nevertheless, it highlights the need to dot the “i” and cross the “t” in every divorce so far as is possible.

    Wyatt v. Vince

    The parties married in 1981 and separated in 1984. They had no substantial assets and no significant income and indeed after the separation, Mr Vince lived something of a “new-age travelling lifestyle”. A divorce took place and a decree absolute was made in October 1992. So far, so good. However, it does not appear there was any financial settlement at the time and no court order was made. Possibly no-one thought there was any need – there were no assets and a very modest income. Again, probably a common situation.

    However, where things get interesting is what happened over the next few years.

    By the late 1990’s Mr Vince had been working in and developing a green energy business. He was phenomenally successful – so much so that in a short time he became a multi-millionaire. In 2011 Ms Wyatt made an application for financial provision arising out of the divorce proceedings by way of a lump sum payment. Mr Vince made a cross-application to strike out the financial provision application on the technical grounds that there were no reasonable grounds for bringing it, it was an abuse of the court process or was likely to obstruct the just disposal of the proceedings.

    The High Court dismissed Mr Vince’s cross-application. He appealed to the Court of Appeal where he was successful, but Ms Wyatt in turn appealed to the Supreme Court.

    The ultimate decision of the Supreme Court was to allow Ms Wyatt’s appeal and for the case to go back to the High Court to proceed as a matrimonial financial application in the usual way.

    At first sight it might be astonishing to think that some thirty years after separation, and more than twenty years after a divorce decree absolute, a party can pursue a financial claim. However, it is worth remembering that what the court was making very clear is that the right to make an application in divorce proceedings is not lost simply by passage of time. The Supreme Court was only addressing the issue before it concerning the technical grounds of Mr Vince’s original cross-application and whether that should succeed or not. It was not addressing the question of what Ms Wyatt’s entitlement amounted to – that is left to the High Court in the continuing proceedings. One would have thought that Mr Vince will have plenty of arguments to put forward as justification for opposing Ms Wyatt’s claim for a large lump sum. The parties may well settle the case in due course so we may never know the final outcome.

    The lesson

    So, supposing you are a wife in an unhappy marriage with a hippy-type who is a “bit-of-an-inventor”. Might it be worth hanging-on in there just in case his “App-to-end-all-Apps” App turns out to be a world-beater? Or maybe you’d be better off getting out and going looking for the inventor of the “I-can’t-believe-this-App’s-not-been-invented-yet” App! Who knows.

    Just try and make sure you close all doors before opening a new one.

    If you are going through a separation or divorce and need professional legal advice, speak to one of our family lawyers. They will help guide you through this difficult process and answer your questions relating to financial matters, childcare provisions (where necessary) and the division of assets. Call us on 0161 624 6811 or use our online enquiry form.
  • A guide to Shared Parental Leave

    A guide to Shared Parental Leave

    As of 5th April 2015 new rights came into play for new parents.

    Shared Parental Leave (SPL) is now a viable option for many families, meaning both mother and father can take an equal share in the early care of their child.

    Up to 50 weeks of leave (37 paid) can be shared by parents if they meet certain criteria. Pay is £139.58 a week or 90% of an employee’s average weekly earnings, whichever is lower.

    Previously it has been the mother who stays at home with a new child, usually because of favourable maternity leave benefits. The father has two weeks paternity leave immediately after the birth or arrival of an adopted child, and then returns to work.

    The new rulings allow parents to split their leave up, should they wish. Both parents need to be eligible for SPL, and the mother needs to stop receiving her Statutory Maternity Pay (SMP) to allow the father to “take over”. How the leave is divided up is down to the individual family. Parents may share the leave 50/50, or one parent might take a higher proportion of the leave. As long as the mother isn’t claiming SMP, the father is entitled to statutory pay.

    What’s interesting is that if eligible, blocks of leave can be can taken, with periods of work in between rather than taking it all in one go.

    The move is certain to benefit many families, particularly where the mother is the main earner. From a work/life balance and well-being point of view it is believed many men will experience a greater bond with their new child by adopting the role of sole carer. However, experts believe it may take some time to truly take effect.

    Although employers cannot refuse SPL where an employee is entitled to it, many men may feel taking a large period of leave could be detrimental to their career. Social stigma may also play a part in the decision to take SPL.

    SPL is commonplace in Scandinavian countries, Germany, parts of Canada and more recently Australia. Uptake is popular in these countries with many men seeing the benefits of being at home with their child. It remains to be seen how many families will take advantage of the new laws in the UK.

    If you’re an employer and would like to know more about the new Shared Parental Leave entitlements, please contact our Employment Law department. If you are a parent-to-be and are considering SPL, full details, eligibility criteria and a pay calculator can be found on the Government website.

    Please call 0161 624 6811 or use our online contact form.

  • A clear direction on compassionate leave from Oldham employment solicitors

    It’s been widely reported that businesses up and down the country received calls from employees asking for compassionate leave following Zayn Malik’s departure from One Direction this week.

    There’s no doubt the World’s No. 1 boy band have legions of loyal fans who feel some sort of personal connection to its five members but where is the line drawn?

    From a legal perspective, it’s quite simple. Employment law states employees are entitled to time off for emergencies involving dependants or immediate family.

    A dependant is someone who relies on you for care and could be a spouse, partner, child, parent, grandparent or someone else living in your household.

    The law states compassionate leave can be taken if an employee’s dependant dies or suffers a life-threatening or serious illness or injury. The specifics of what is classed as an emergency and how much paid time off you can take are at the discretion of your employer or in your company handbook. Most employers are fair and will allow you time off for a genuine, unforeseen emergency such as to collect a sick child from school.

    A grown man of no relation to you voluntarily leaving his job does not qualify for compassionate leave. In this instance you can, if you wish, allow your employee to take unpaid holiday for their absence.

    If you are an employer and receive what you believe to be an unreasonable request for compassionate leave from an employee you can seek advice from our Oldham employment solicitors.

    Please call Partner John Porter and the Wrigley Claydon employment law team on 0161 624 6811.
  • Employment law solicitors await BBC/Clarkson decision

    Employment law solicitors await BBC/Clarkson decision

    It has been claimed that Jeremy Clarkson’s suspension from Top Gear was due to him punching a producer in a row over catering while filming on location.

    If Clarkson were an employee and the case upheld, the BBC will have little choice but to sack him, as it was made clear to him last year that he was on a final warning after a racism row after claims that he used an offensive word during filming.

    How Wrigley Claydon employment law solicitors can help you

    Having problems at work can be a daunting and traumatic experience. Wrigley Claydon employment solicitors are here to advise you, whether you are an employer or an employee, on what action you can take. We will help make the process as clear, stress fee, and affordable as possible and will be with you every step of the way.

    Speak to one of our employment law solicitors by calling 0161 624 6811 or email John Porter, our employment law specialist.
  • No Blurred Lines in latest high profile copyright case

    No Blurred Lines in latest high profile copyright case

    Blurred Lines songwriters – Pharrell Williams, TI and Robin Thicke – have been ordered to pay Marvin Gaye’s family more than $7m in damages for the infringement upon the copyright of Marvin Gaye’s 1977 song Got To Give It Up.

    The lawyers for Marvin Gaye’s family now also want to stop sales of the song and are to ask the Court for an injunction until a settlement can be reached as to how future royalties from the song will be shared.

    How Wrigley Claydon copyright solicitors can help you

    If you have a brand, something you have invented, or an original piece of work that you have written and someone infringes your rights, please contact us. The Commercial Litigation and copyright solicitors at Wrigley Claydon can help by securing an injunction, compensation or recover profits made by the infringement and the return and destruction of the offending item.

    If you have been accused of infringing someone’s intellectual property rights then we can also help by raising various defences and minimising your liability.

    Call either our copyright solicitors Oldham office on 0161 624 6811 or our Todmorden office on 01706 815 712. You can also email one of the Commercial Litigation team, Vijay Srivastava or Shalish Mehta.
  • Advice from our contract dispute solicitors

    Advice from our contract dispute solicitors

    Contract disputes can be extremely complicated and involve large sums of money. The latest high profile dispute concerned Rory McIlroy; the world’s No. 1 golfer, where his lawyers claimed he had been taken advantage of by his agents by signing his contract at a Christmas party in surroundings of “great informality”.

    The case could have taken up to eight weeks in Court however, the case was eventually settled by negotiation.

    If you need advice and help with your contract dispute, please contact us.

    At Wrigley Claydon, we can help you achieve a negotiated settlement, thereby avoiding Court. If a settlement cannot be achieved then we will guide you through the process from start to finish and aim to alleviate the stress and anxiety of court proceedings. We are specialists contract dispute solicitors and have won complex cases for our clients.

    Please contact our contract dispute solicitors on 0161 624 6811 or 01706 815 712.

  • Will and Estate Dispute advice

    Over the last few years disputes about Wills have become increasingly common. The latest high profile dispute concerns the Estate of the late Robin Williams, the Hollywood acting legend, where his widow is contesting the Will against the actor’s children.

    Will disputes can be very complex and require expert legal guidance to resolve matters as fairly as possible.

    At Wrigley Claydon, we fight on your behalf to make this difficult time a little easier, whether you are bringing a claim or you are on the receiving end. We are experts in this field and have won complex cases for our clients.

    As it is an emotional time we deal with our cases sensitively ensuring that all of our clients are happy with each stage of the process and the outcome of proceedings.

    For example we have recently defended a client in a difficult Will and Estate disputes case, where the deceased person’s relative was claiming £250,000 from our client’s estate. We successfully defended the case through the courts which meant that the estate was preserved and the £250,000 together with the rest of the estate passed to the people named in our clients Will.

    If you are looking for Will and Estate dispute advice do not hesitate to contact us. Call 0161 624 6811 to speak to one of our specialists or for more information on the services we offer visit our Wills and Estates disputes page.
  • Legal advice on the National Minimum Wage

    Legal advice on the National Minimum Wage

    HMRC ‘named and shamed’ 37 National Minimum Wage Offenders in January 2015 as checks are set to become tougher on offenders. The named companies are now required to pay £51,000 in fines along with the money that their employees are owed.

    H&M and Welcome Break were among the companies listed, blaming their employees underpayments on time logging and technical issues.

    Following the publication of the list HMRC have announced that they are increasing their enforcement budget by £3 million over the 2015-2016 financial year. The extra money will go towards increasing the number of HMRC compliance officers that investigate suspected minimum wage offenders.

    If an employer is found to be guilty of paying below minimum wage they are required to pay arrears immediately plus the amount that the government fines them for their offence.  It is a company’s responsibility to keep records proving that they are paying minimum wage to their employees and if they were to be investigated these records would be reviewed.

    It is essential that employers are aware of the regulations that are in place to protect their employees from being paid less than the national minimum wage. However it is also important that employees are made aware of the legal requirements that their employer has to meet in terms of payment.

    To view the minimum wage rates visit gov.co.uk.

    If you are looking for advice on employment law our team have extensive experience and will be able to guide you through any problems you may have. For more information contact our employment law specialists on 0161 624 6811 we will be happy to help.
  • Shuduppa your Facebook – divorce advice from family lawyers

    Shuduppa your Facebook – divorce advice from family lawyers

    Shuduppa your Facebook? Or a “need to know”?

    The revelation from a solicitor’s firm that Facebook is a factor in around two-thirds of divorce cases is something which resonates with Wrigley Claydon’s family lawyers in Oldham and probably with all family solicitors up and down the country.

    From complaints that “he’s changed his Facebook status” to posted messages leading to misunderstandings, the social media revolution is creating all sorts of problems within relationships.  It is no surprise that when people approach their family lawyers for advice about relationship breakdown, finances or children issues references to social media, particularly in relation to communications, are frequently raised in discussions.

    Wrigley Claydon’s family law team are no different in their experiences of such issues being raised while conducting cases.

    So what can you do?

    Firstly, be aware of what you are posting and who might access it, especially if the persons with whom it is being shared may pass on the information. Something as innocuous as information about a planned holiday, a school event, a social gathering, and photographs can all in fact contain and convey an awful lot more information than might have been intended.

    Secondly, it’s probably worth building into your own approach some sort of delay so that whilst the tendency is always to respond immediately to something you’ve read or seen, a little time to think about this can make sure you give a more measured response, whatever that might be.

    Thirdly, is it worth doing something which involves hiding or concealing information or facts? Family lawyers dealing with financial matters are telling their clients that the court in such cases expects each party to make a full and frank disclosure of their financial circumstances. If you fail to do so and are caught out by something on Facebook or some similar social media, then not only does it highlight the lack of openness and honesty in relation to that issue, but it raises a more general question about your credibility eg “you didn’t tell us about that, what else haven’t you told us about? How can we trust what you’ve told us about other things?”

    There’s no doubt that social media activity will continue to be a major part of our lives – but we need to think carefully and probably more often about our communications in whatever form they take and the possible consequences.

    If you need are in need of divorce advice or a family lawyer then please contact us on 0161 785 3534 to talk to one of our specialists.
  • Our legal tips and advice for moving home

    Our legal tips and advice for moving home

    A 8.3% rise is expected in house prices this year, however with government schemes such as help-to-buy, rising house prices won’t stop the housing market from booming over the next year.

    Purchasing or selling a home can be a long process. Once the offers have been made and accepted there are legal requirements that need to be fulfilled. Hiring a qualified conveyancing solicitor to work on your behalf is the option that most people choose as trying to carry out the legal work yourself is often too difficult and time consuming.

    The key difference between hiring a solicitor and a conveyancer is that a conveyancer is qualified specifically within the property industry and they are licensed by the Council of Licensed Conveyancers. Solicitors will have knowledge of the property industry and therefore are also qualified to give legal advice and represent a client who is buying or selling a home.

    The moving process can be daunting when considering the different elements that need to be managed which is another reason why hiring a conveyancing solicitor is a good idea. They are responsible for organising surveys, valuations, advice and representation on compulsory purchase compensation, reports from specialist services (such as damp proofing) and assisting with mortgages or other funding arrangements.

    Once offers have been made and accepted the estate agent will ask for your legal representatives details to pass onto the other party’s legal advice. We recommend that before you start looking for a new home you make contact with a solicitor or conveyancer as this will make the process quicker, and smoother and prevent rushed decisions being made.

    A qualified solicitor could also act on behalf of your lender, which could save you money. The main task is to draw up a mortgage deed which sets out all the conditions of the loan which the lender will then hold along with the title deeds of your property until the loan is paid in full.

    If you are looking for a new home and are in need of legal advice do not hesitate to contact us. We have a team of property experts that are willing to answer your queries, to speak to one of our specialists call us on 0161 785 3534.