Monday, October 29, 2012

Honeymoon over for Pop Idol Gareth Gates

Gareth Gates has revealed that he has split from his wife, ending their three year marriage. The singer and his wife, Suzanne, have been together for 10 years, with a young daughter, Missy.

Gareth, aged 28, has recently been accused of having an affair with his Legally Blonde co-star, Faye Brooks. However, Gates insists that the reason for the breakdown of their marriage is that he and Suzanne have “grown apart”.

At the end of September, I was quoted in The Daily Telegraph and The Huffington Post, reporting the increased number of cases which I have seen recently, involving couples in their twenties and thirties who had been involved in long-standing relationships, often since school, only for their marriages to come to an end.
There appear to be a number of reasons for an increase in the rate of divorce amongst such couples. Many suggest that like Gareth, they have grown apart. For others, they no longer feel the same way about their long-term partners once they have children. Another frequent cause of break-ups is infidelity on the part of husbands who have never had relationships with anyone other than their wives.

The frequency of divorce involving young celebrities means many other couples no longer feel stigmatised by the prospect of marriage break-up.
Getting divorced at any age can be a stressful experience. However, younger couples often find it easier to reach agreement with their spouse about finances or children  than couples in their forties and fifties.

We are a team of specialist family law solicitors in Manchester. For more divorce advice please read our family law blog or follow us on Twitter @Divorce_experts
Claire Reid, Senior Associate

Thursday, October 25, 2012

Marriage, Mansions and Mayhem

Today’s Telegraph  features a story about Maha Shagroon, an extremely wealthy divorcee’s claims that her former husband has failed to maintain her to the standard to which she had become accustomed. Her complaints appear to centre on his failure to pay the salaries of the household staff based at their £5m Regents Park home, and his failure to maintain their fleet of cars.

Whilst such tales of the super wealthy bear little resemblance to the lives of most of us mere mortals, an important part of the couple’s dispute could impact on many. In happier times the couple went through an Islamic marriage ceremony presided over by an imam in London. According to the article they were divorced in 2002 by the husband pronouncing Talaq (the Islamic divorce). The Husband is now arguing that their marriage is invalid as he had already had an Islamic marriage abroad, and as a result their divorce is invalid, and therefore the court has no authority to make a decision about their finances.

This is a fairly technical area of law, but it is becoming more common for couples to marry abroad, and also to go through different types of marriage ceremony. If such ceremonies do not comply with the necessary legal formalities that marriage may well be void or invalid. As a result there can be no divorce, and no divorce means no divorce settlement!

An overseas divorce can be a complicating factor, although it is still possible to make a claim for financial relief from your ex-spouse in England even if you already have a divorce and/or a financial order from another country.

If any of the issues above affect you or you are concerned about the effects of an international marriage or divorce it is recommended that you obtain advice from a specialist solicitor. We are a team of specialist family law solicitors in Manchester. For more divorce advice please read our family law blog or follow us on Twitter @Divorce_experts

Katy Stirling, Solicitor

Monday, October 22, 2012

Choosing a good divorce lawyer

Choosing a good divorce lawyer is essential if you believe. May be facing divorce Each state has hundreds if not thousands of lawyers to hire, but the best legal advice, you think that, if possible, before the divorce, a divorce lawyer. How to find a good lawyer who can help you, it is important, there are some things to consider when looking for one.

The first step in choosing a good divorce lawyer to look online and read reviews about lawyers in your area. If you have family or friends who have gone through a divorce know, they are more than happy to recommend them to a lawyer if they have a good experience. Reading the reviews and get recommendations are always a good way to make lawyers must learn to treat their customers.

The second step in choosing a good divorce lawyer looking for lawyers in your area. Doctors have a law degree, but. Typically, only a small loss and is not familiar with all the details that are involved in a divorce lawyer you choose should be a knowledge of the law and the state of the district all cases of divorce.

The third step is to reduce the attorneys in your area, and read their comments. Between two and three that are in your area, it would be advisable to make an appointment for a consultation. If you're a lawyer, you know where you stand with your case and, if the lawyer believes that it can help you to complete.

A meeting with an attorney for advice is important because it is a good time to think, to ask questions about your case and how they cope with it, they could. The lawyer needs to know what's on your mind, and all aspects of the case, so that they answer these questions. Make a list of things you need to ask yourself before you leave, so you'll be better prepared.

During the consultation, you will discover, if you're happy to talk about this lawyer. This has a lot to learn if you do not hire them. You should feel comfortable with any lawyer to hire, because your case is important and affects the rest of your life. Part of choosing a good divorce lawyer or not to speak to them as a friend.

The most important thing is that you can talk to a lawyer about the amount of experience they have with cases like yours. What is their assessment of these cases? It means to be a lawyer in the room bold personality, and they know how to give birth to all the evidence, is not it? It's also wise to ask them whether it is a good strategy to your case. These points are important when choosing a good divorce lawyer.

Friday, October 19, 2012

Boise Divorce Attorney 208-472-2383 Idaho Family Law Lawyers

Divorce and Community Property
As a Boise Divorce Attorney I have the honor of outlining and explaining community property law to many clients.  One very difficult thing for many people to understand is that community property law in Idaho doesn't necessarily mean equal division of property and debts. Rather, it requires an equitable division.

The scenario where this generally arises is in long term relationships.  Often, an individual, usually a woman (I don't say this in any way derogatorily.  I mean it statistically because women are generally the ones who give up their careers to stay at home and raise their children), will be offered a settlement agreement by her spouse indicating that the agreement contains an equal split of all the property and the debt and is therefore "fair".  Often these settlement agreements will contain a provision for child support and even an equal division of the retirement fund.

Thankfully, many women will call for a free consultation to discuss whether or not this equal division is fair.  I say thankfully not because it means more work for Boise Divorce Attorneys, but because, as I indicated above, equal does not mean equitable.  If a woman has given up her career or the option of having a career to raise a family, her contribution to the community should not be figured at zero.  All too often people think that if they are the ones who went out and supported the community, provided the home and the livelihood for the family, that they are the only ones who provided value to the community.  This simply is not true and Idaho community property law recognizes this.

Sadly, however,  in order to keep the peace, a spouse will misguidedly accept a settlement agreement that purports to be equal.  My advice as an experienced Boise Divorce Attorney is STOP! Don't accept such an agreement.  It will leave you struggling to pay your bills during the pendancy of your divorce, it may leave you with inadequate child support and you won't be compensated for the value that you have added to the community.  So what can you do?

Community Income During the Divorce
Most judges won't order child support or spousal support while a divorce is actively being pursued.  Instead what they will do is issue temporary orders.  In these orders, your divorce attorney will ask that the discretionary income of the community be divided equally.  How this works is this:  You and your spouse will be asked to make an accounting of your regularly occurring bills.  Your two incomes will be added up, the bills deducted and anything that remains is considered discretionary and will be split between the parties.  What this means for you is that if you make 1/4 of what your spouse does, you will not be left hanging until the divorce is finalized.  You will maintain an equal share of the community income. 

Child Support and Spousal Support
Your divorce attorney will compute the child support owing and may ask (in appropriate situations) for spousal support.  These two sources of monies will begin to be owing upon the finalization of the divorce.  Properly computed child support insures that the children are being provided for financially and spousal support financially acknowledges that a spouse who has stayed home with the children.

If you need to discuss divorce or any other family law issue with an Idaho lawyer, please call 208-472-2383 and see what we can do for you. 

True value in Divorce

Recent press reports from home and abroad have highlighted the importance of having the right figures in the ‘pot’ to be divided when a couple divorce .
Recently the press reported that a Morecombe man was jailed for perjury after deliberately faking evidence in his divorce case. He had told the court that he had spent very large sums on building work when in fact it had been used to buy a property abroad. His intention being to reduce his wife’s financial settlement .
In the USA this week millionaire businessman Frank McCourt, the former owner of the Los Angeles Dodgers, is reported to have just sold the Dodgers for $2.15 billion. His divorce settlement in 2010 was negotiated on the basis that the team was worth $300 million. Not surprisingly his former wife has made an application to reopen the settlement.

The divorce court in England puts both parties under a clear duty to provide a full and honest picture of their finances before deciding on a financial settlement.
Deliberate dishonesty of the kind proven in the first case would, as you would expect, allow the court to revisit the settlement . If a similar case to the Dodgers sale were to arise in England however, the outcome might not be as obvious.

Dramatic rises and falls in the value of assets soon after divorce settlements do not necessarily lead to the case being reopened. The court may decide this was due to ‘the natural process of price fluctuation’, in other words to market forces. Whatever the approach of the courts in the USA Mrs McCourt clearly thinks that the application is worth the risk!

We are a team of specialist family law solicitors in Manchester. For more divorce advice please read our family law blog or follow us on Twitter @Divorce_experts

Sunday, October 14, 2012

You cannot solve a problem with the same thinking that got you there…

Ever been stuck in a situation or a problem but not known how to get out of it?  Life throws us lots of different hurdles and hiccups along the way and people disappoint us and we disappoint ourselves. But our biggest mistake is not when we first make that mistake, because our past can determine who we are today. That can be what makes us grow into our true characters and help us find and define our strength. But the biggest mistake I believe we can make is our failure to learn from them and our failure to let go of the past.
Too many people get swallowed by their problems because they never learnt how to move on. Or perhaps they never wanted to. It is easy to not want the problems but never want to deal with them either. But that becomes a vicious circle that has no end unless you choose to step up and make a change. One of the most if not the very most important factors in moving on and finding a new spark isyour thoughts. Your view, your perspective and your mindset it is the key to bringing change.
As Albert Einstein stated–

“You cannot solve a problem with the same thinking that created the problem.”
When it comes to Divorce or a situation of breakup or any kind of trauma, moving on can be words that pierce your heart, that seems unimaginable and you cannot see to be possible. Being “positive” is laughable because you can’t find one reason to be positive But even when you feel like you don’t have an ounce of strength in you, that is exactly when your strength is being refined to being stronger than before, not to be bitter but to be stronger and to move on in the correct and healthy ways. The truth is there are always things to be positive about, whether big or small positivity can be found but to be foundit must first have someone looking for it, wanting to find it.
A shift in your mindset can take leaps and bounds. Sometimes you need to take a step back or even completely remove yourself from the situation you’re in, In order to see it in a different way. Sometimes we get so caught up in our situations that we can’t see out or any other possible way of viewing it because sometimes we haven’t tried.  Or sometimes we have just been in such a place for so long that we’ve become stagnant and our optimism and creativity is dormant. This happens to so many people in all different situations in life but it’s a dangerous place to stay. If you don’t challenge yourself to find a way out of your thinking you will never see the amazing opportunities and next adventures that sit and wait for you when you do.


If a way of thinking has not been working for you then that’s a great indication to explore a new way of thinking, Create space for yourself, step back and allow yourself to see the bigger picture, allow yourself to see positivity because if you do you will most surely find it. What we put our focus on is what we will see. So instead of focusing on the problem focus on what you can get out of it and what opportunity it may be giving you to grow and find a new start.
A Fantastic quote by Eckhart Tolle states, If you put your thoughts on what always has been – whatever has been will always show up in your life.
So Instead put your thoughts and your focus on the future, on good things, and begin to search for the positives because there is no excuse for not finding them. Traumatic times will come in those times we need to nurture our hearts and allow room to heal but when it’s time to move on you need to get up and look for the new positives, there are plenty out there waiting for you to just turn your shoulder to it.
Till next time!
Lots of hugs

Friday, October 12, 2012

Boise Bankruptcy Attorney 208-472-2383 Idaho Bankruptcy Lawyers

Bankruptcy: What Not to Do

In my Boise Bankruptcy practice I get several calls per month from people looking to file Bankruptcy.  I always offer a free consultation to go over Chapter 7 or Chapter 13 issues with them.  Inevitably people want to know what they need to claim and what they don't have to claim in their bankruptcy.  The conversation between me and the prospective client generally goes like this:

Prospective Client: "I don't want to lose my house so I won't want to tell the Bankruptcy Court that I own a house or tell my mortgage company that I am filing for Bankruptcy"

Boise Bankruptcy Attorney:  "You are required to divulge all your real property and any debt owing on it."

Prospective Client:  "I don't want to lose my car so I don't think I will included this in my bankruptcy petition."

Boise Bankruptcy Attorney:  "Again, you must include all your debt and property in the bankrutpcy petition."

Prospective Client: "Why, it's my property?  I own it."

And so goes the conversation.  I always try to explain to these people that I am not trying to mean insisting that they include everything, but that I am trying to make certain their bankruptcy is not denied because the committed fraud upon the court.  That's right.  The bankruptcy court can deny your petition if you intentionally lie about your assets.  While it is your property you have a certain obligation to pay debt owing on outstanding debts.

The bankruptcy court needs to know what assets you have that might be available, after exemptions, to cover some of your secured debt.  Bankruptcy is not just a simple way to get out of debt.  You are allowed certain exemptions, which your Boise Bankruptcy Attorney can explain to you, to allow you some ability to retain what property you have.  However, you are not allowed to hide your debt and property or pick and chose which creditors you will include in your bankruptcy.

Other Things Not to do in Bankruptcy
You should never leave out of your bankruptcy petition any income that you receive.  This includes your kid's part time income or income paid in cash.  All income of the household must be included no matter how small.

If you own a piece of property outright, you still must include it in the petition.  Some people are under the mistaken impression that if they don't have a debt obligation on a piece of property they are not required to list it.  That simply is not the case.  It is very easy for the bankruptcy trustee to do a search for title.  You will be serious straights if you don't include the property or you try to sell it right before you file bankruptcy.

A big no no in bankruptcy is transferring or selling property within 12 months of filing.  The bankruptcy court and the trustee will look at these very hard to see if you are trying to commit fraud on the court.  An example of this is when you owe a family member money.  If you pay them off and then turn around a file for bankruptcy the court will look at this as a fraudulent transaction.  Likewise, as mentioned above, if you own a car outright and you transfer title within 12 months of your bankruptcy the court will look at that as you trying to hide your ownership of the vehicle.

A word of advice from a Boise Bankruptcy Lawyer:  Don't go it alone.  There are so many ins and outs of bankruptcy law that if you don't know what you are doing you can end up getting yourself in trouble.  If you need to file for Bankruptcy and you want to speak to a Boise Bankruptcy Lawyer, give us a call, (208) 472-2383 and see what we can do for you.

Monday, October 08, 2012

Do Breadwinning Wives Lose Out on Divorce?

Increasing numbers of women are earning more than their spouses. Some of these women also deal with the majority of the domestic chores and childcare arrangements, despite the fact that their jobs can be more demanding that their husbands'.

Fiona Wood comments upon what impact the contributions made by these women have on their financial settlements, if they divorce, in an article in the Telegraph today.

We are a team of specialist family law solicitors in Manchester. For more divorce advice please read our family law blog or follow us on Twitter@Divorce_experts.

Friday, October 05, 2012

Boise Probate Attorneys (208) 472-2383 Idaho Estate Planning Lawyers

Tips About Probate and What to do After the Death of a Loved One
As a Boise Probate Attorney I often counsel people about estate planning and probate.  One thing I always remind clients about is preparing for their death.  I don't do this to be morbid, I mean it in a practical way.  When I see people in probate, I am always amazed at the difficulty loved ones have finding the will or getting access to it.  People often aren't sure what to do next.  Today I am going to give you tips about what to do after a loved one dies.  The aim of this list is to help you remember all the things you should do as a family member or personal representative.  It is by no means exhaustive but it is a practical list of steps to take.

Notification tends to be the first step. While it may be an obvious statement you should first notify all family members and close friends.  Other people that need to be notified are the social security administration if the deceased person is receiving any benefits, as well as any other government office providing benefits.  This could be Medicaid, Medicare or the Veterans' Administration.  Additionally, you should notify the deceased employer, bank, landlord and creditors.  In general, any one that the decedent has fiduciary, business, religious or personal contact should be notified.

Death Certificate
Creditors will often require that you provide them with a death certificate.  These can be obtained by calling the Department of Vital Statistics and paying for certified copies to be sent to you.  The certified death certificates operate as proof to the creditors of the decadent's death.  You will also need the death certificate to have insurance funds released to you.  It is important to remember that while any life insurance is technically outside of probate and the estate, you, or the personal representative may need to the proceeds to pay creditors so it is wise to hold onto the money until the estate has been closed.

Also, remember that deaths are reported in local papers.  Anyone preying on this sort of thing has access to the knowledge that the home is now vacant.  You should remember to stop mail and newspaper delivery and ensure that the home is secure.  In addition, you should notify the utility companies of the death.  You may want to keep the electricity as well as the other utilities on but you will most likely need to change the name on the bill.  Depending upon the company, they may only require the bill to be changed to "The Estate of  John B. Decedent" or "C/O the Estate of John B. Decedent".

Location of the Will
You will need to locate the most recent copy of the will.  As a Boise Estate Planning Attorney I always remind my clients not to store their will in a locked safety deposit box.  Without the will it can be difficult to have the personal representative identified correctly and letters testamentary created in the name of the representative appointed by the decedent.  It is very difficult and often not possible to do anything for the estate without letters testamentary.  While some creditors or individuals will deal with a person who identifies themselves as the personal representative without the letters, the majority will not.  An example where this happens is the transfer of property.  It is important to remember that a power of attorney expires upon death.  If you held the power prior to death and dealt with the finances of the decedent, upon their death you will need to replace the power of attorney with the letters testamentary.  You will not be able to transfer property without them.

Boise Probate Attorney
While you may not be required to go through probate it is always important to contact a Boise Probate Attorney.  These trained professionals can explain to you what further steps you must take.  In the administration of an estate, the person who has been appointed personal representative has many duties and obligations.  A Probate Lawyer can help you get started on the right foot.  The last thing you want to do is to compromise the estate, transfer of property or waste funds intended for beneficiaries.

If you need to speak with a Boise Probate Attorney or an Idaho Estate Planning Attorney, please give us a call, (208) 472-2383 and see what we can do for you.

Wednesday, October 03, 2012

The Art of Relationships

Real-life relationships can often be uplifting, intense and sometimes traumatic but, it seems, seldom as dramatic as those portrayed in films, books and even music.

However, in a thought-provoking article for the Huffington Post Phillip Rhodes, a Senior Associate from our team of specialist family solicitors, muses on whether art merely imitates life or, in fact, there might be grounds for believing that it is the other way around.

In the event of encountering the sort of unfortunate relationship drama, such as divorce, which provide inspiration for screenwriters, novelists and singers alike, it's important to know that you can rely on divorce advice from a specialist divorce solicitor.

For more divorce advice and discussion, please read our family law blog or follow us on Twitter @Divorce_experts.

The cost of becoming a parent

The Mail Online has today reported that Dominique Desseigne, chief of the Lucien Barriere casino and hotel group has been named the father of the child born in 2009 to former French justice minister, Rachida Dati. The disclosure appears to be gaining international interest because the identity of the father has not previously been in the public domain.

The parties in this case are resident in France but what would happen if a similar situation arose in England and Wales? Do unmarried couples with children who later separate have any financial obligations to one another or their children?

Child maintenance is almost always payable to the parent with whom the children live. In England and Wales that parent may also be able to apply to the court for additional financial provision for example the provision of a home. In some cases the court may also order a lump sum to be paid to meet capital requirements of the child. Whether or not such an application would succeed will very much depend upon the facts of the case and it is always important to obtain specialist family law advice.

We are a team of family law solicitors in Manchester. For more divorce advice click and please read our family law blog or follow us on Twitter @Divorce_experts