Nowhere to Hide in Divorce

A recent article in The Telegraph reported on a divorce case in which the perceived dishonesty of the Husband during the court proceedings has resulted in the divorce settlement being re-opened by the courts.
During the divorce process both spouses are required by the court to provide full and frank financial disclosure to each other – this is the first stage of the process. If provided it means that the court, and both spouses, should clearly be able to see what assets there are available to be distributed. This is essential as without this knowledge it is impossible to reach a decision as to what would be a fair settlement.

As in the case reported, a discovery after a financial settlement has been made that all was not as it was portrayed can mean that the court will allow further investigation into those finances. If assets have been “hidden” this can mean that the original settlement will be overruled.

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

Divorce Location, Location, Location

Earlier this week, Boris Johnson made a plea for billionaires' wives to sue for divorce in London.

It is reported that the Mayor said "I have no shame in saying to the injured spouses of the world's billionaires if you want to take him to the cleaners... take him to the cleaners in London."

Mr Johnson’s comments seem to flow from a desire to generate business for the city but they do reinforce the widely held belief that England is one of the most generous jurisdictions in the world for a financially weaker spouse. In particular, some judges in London are thought to grant more generous maintenance awards to spouses than judges in the North of England. This is a topic which my colleague, Fiona Wood explores in more detail in her recent blog in the Huffington Post.

The resolution of financial matters on divorce in this jurisdiction is a matter of discretion and fairness. Unlike other jurisdictions around the world, the court does not apply a mathematical formula but instead must consider a checklist of factors which is applied to each case individually. The ultimate aim of the court is to achieve “fairness” and it may therefore take some circumstances into account that other jurisdictions would ignore.

When considering divorce, the choice of jurisdiction and the choice of court within that jurisdiction can have a fundamental effect on the overall settlement achieved. This is one of the reasons why seeking early advice from a specialist Family solicitor is so important.


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



Naomi McGloin

BOJO, BILLIONAIRES AND DIVORCE

It seems that London’s Mayor, Boris Johnson, is never far from the headlines.

He has even been quoted inviting the unhappy spouses of foreign billionaires to have the cases concerning their divorce settlements heard in London.

Even though it may have been tongue-in-cheek, his remarks underlined that city’s status as the world’s divorce capital as well as the increasingly international and sometimes complex nature of modern relationships.

It’s a topic which my colleague Fiona Wood has written about in an article for the Huffington Post
Regardless of wealth or nationality, divorce is a delicate process for everyone and it is reassuring to be able to count on divorce advice from specialist solicitors who can help you and your family.

To arrange a discussion with one of the Pannone family lawyers, click here .
For more advice and insight, you can also read our family law blog or follow us on Twitter @Divorce_experts.

Mediation Logos

As I said in my previous blog, today everyone wants a logo.  In my last blog I Goggled Divorce logo. Now I have Goggled Mediation logo.  I thought it would be interesting to see the difference between Divorce and Mediation Logos.  You can see the results of my full search at http://tiny.cc/cdmlogo2.  Below are some of my favorites.   As expected Mediation logos emphasized peace and working together and not broken hearts and controversy.    

As always, you can post any comment about this blog or Divorce Mediation, or just Mediation by following the directions at the right in the green column or at the bottom of this website. Learn more about mediation at http://www.center-divorce-mediation.com/CDM (261) 11/18/12

 

Tips to help you find a reliable divorce lawyer

Different pace of life challenges of the global urban population has been thrown. Marriages collapse are detected because couples difficult to adapt to another. This has a negative effect on their compatibility and sometimes leads to separation and divorce. If you need to make difficult decisions emotionally, such as divorce, child custody or property division - it must be a little careful in the choice of a good lawyer who take all legal questions and make you are faced with minimal trauma.

In view of the recent trends, it was found that. A large number of distinctions in the United States According to the statistics of the state governments have shown that the average duration of marriage in the United States (so far) only 11 years with 90% of all divorces are resolved by agreement.

If you move around separation and we believe that it is time to choose a divorce lawyer in the yellow pages is that it is not easy. To go as one of the most stressful times, you can use the following tips to find a reliable lawyer:

1. Look for a lawyer who specializes in divorce - a divorce attorney to go on the hunt, so make sure you find a law firm that specializes in cases of "Family Law". If you find a lawyer to prove that he / she is a specialist in the area of ​​family law, you can be sure that it is acquired and effective solutions.

2. Choose a specialist in the field of family law in your particular case - Before a lawyer, just think, there are some areas of your divorce (or separation) of cases, this may some additional experience. If you have children, then you probably should. An attorney who has extensive experience in matters of custody of children, divorce and other support problems

3. Personal qualities are important - sometimes under the influence of the time, we forget the importance of personal characteristics when selecting divorce lawyer. It is always important to a lawyer to find someone to love you, this is to reduce the barriers to communication between you and your lawyer.

Cohabitation versus marriage

The Telegraph has recently reported that a quarter of young people regard buying a property as a bigger commitment than getting married.


Perhaps high house prices and a much tighter lending criteria are factors which make buying your first home together more important than tying the knot.

However, a common misconception is that when you live with someone you become their “common law” husband or wife which is a myth. Upon relationship breakdown unmarried cohabiting couples do not have the same rights as married couples upon divorce and in fact many cohabitees are left in a very vulnerable financial position after a relationship ends. For example, a cohabitee who does not co-own the property may have no legal rights at all. If there are children of the relationship then there are some remedies available if after relationship breakdown the party is unable to rehouse with the children.

Moving in with someone or buying a property with someone can have serious legal implications and it is always important to obtain legal advice. For example, it is possible to have a cohabitation agreement drawn up.

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.

Boise Family Law Lawyers - Idaho Divorce Attorneys (208) 472-2383

Holiday Visitation
With the holidays approaching quickly many people are scrambling to make certain their visitation schedules are in order and they know who has the kids and when.  As a Boise Divorce Attorney I receive numerous calls concerning visitation this time of year.

Changing Visitation
When you go through a divorce or a custody case the final order will include a visitation schedule.  This schedule is not just the weekly schedule rather it will include holiday visitation for every year until the child turns 18 years.

As a Boise Family Law Attorney I receive several last minute phone calls from individuals wanting to change their holiday visitation.  Sometimes they want to change the dates, sometimes they want to make the visit longer and sometimes they want to flip-flop holidays.  While change is not out of the question, it can be difficult to get on short notice.

The best way to get your visitation changed is by mutual agreement between the parties.  This ensures that there is a smooth change and everyone is in agreement.  If you have an unforeseen incident and the other party does not want to give you their permission for a change you can ask the court for its help.  However, it can be difficult to get into court quick enough to fix the problem.  When this happens and you go ahead with your plans, it is a great possibility that you will be brought up on contempt charges for violating the custody order.

Emergency Change in Visitation
Part of the reason the court does not want people running to it constantly to change a visitation schedule is that you have very advance notice of when and where your visitation will be.  It expects you to plan accordingly.  There are those situations, however, where you have not control over the situation.  For example, say you are out of town with your child and are scheduled to return in time for a Sunday night custody swap and there is a snow storm and you can't get back for three days.  Now while this is a true emergency situation, it is unlikely that your Boise Divorce Attorney can even get in front of a judge to get an order allowing the change.  In these situations, if the other side persists in bringing contempt charges against you the judge will look at your violation of the order in a different light than had you acted intentionally without the other party's permission.

My best advice as a Boise Family Law Lawyer is to plan ahead of time and stick to your schedule as best as you can.  If you need to make a change and you and the other party cannot agree contact your attorney several months in advance to ensure you get the best possible outcome.

If you need to speak to a Boise Divorce Attorney please give us a call, (208) 472-2383 and see what we can do for you.

Divorce Logos

Today everyone wants a logo.  I thought it would be interesting to Google Divorce Logos and see what I found.  You can see the results of my full search http://tiny.cc/cdmlogo.  Below are some of my favorites.  Broken hearts seems to be a popular theme.  I like the more abstract which seem to include something symbolic.  My favorite is the Divaroo because I like kangaroos and want to visit Australia. Also like the divorce superheroes.   I am going to do a search for Mediation Logos next.
As always, you can post any comment about this blog or Divorce Mediation, or just Mediation by following the directions at the right in the green column or at the bottom of this website. Learn more about mediation at http://www.center-divorce-mediation.com/CDM (260) 11/1/12

 

Boise DUI Attorneys - Idaho Criminal Law Lawyers (208) 472-2383

DUI and Drugs in Idaho
I have spoken before in this blog about how a charge for DUI can relate to alcohol consumption or, alternatively,  may have nothing to do with it.  Today, I want to discuss the anatomy of a DUI related to driving under the influence of drugs. 

As a Boise DUI Attorney I often see cases involving DUI due to operating a motor vehicle under the influence of drugs.  People have a lot of questions when it comes to this type of case.  First, how does the arresting officer know you are under the influence of drugs and how do they test you?  This is a very good question.   The process is almost identical to a stop and arrest for driving under the influence of alcohol.  As you may know from previous DUI blogs I have written, in order to be pulled over the police must have probable cause.  This can be anything that gives them a good suspicion that something is happening in your vehicle that is impairing your driving or a blatant violation of driving laws.  If you have taken drugs and are impaired your driving may be sketchy.  You may weave in and out of your lane, you may run a red light, you may drive the wrong way on a one way street and the list goes on.  Once you are pulled over, the police will look for signs of alcohol or drug consumption.  They will perform field sobriety tests, they may ask to search your car (always say no - you do not have to consent to a search) and they may take a breathalyzer test. If you haven't consumed alcohol the breathalyzer will obviously be negative but this doesn't prevent the police from arresting you if you are obviously impaired.  At this point they will order a blood test to determine the presence of drugs in your system.

Does the presence, no matter how slight, of drugs in your system mean that you will be convicted of a DUI?
As a Boise DUI Lawyer, this is the net biggest question people are curious about in these types of cases. Unlike alcohol, there is no legal limit for drugs in your system.  The blood test will simply reveal a positive or a negative result. 

Illegal Drugs vs. Over the Counter and Prescription Medication 
There isn't a simple answer to this question but there are certain considerations which need to be examined.  The first question is, "are the drugs in your system illegal drugs?"  If it is the case you are under the influence of marijuana, meth, cocaine or any other controlled substance, it does not matter how much there is in your system.  You will be charged with a DUI and if pursuant to the traffic stop, any illegal drugs were found, you will also be charged with possession and potential trafficking, depending upon how much was found.  The reason for this is simple; it is illegal to be in possession and to consume illegal drugs.

The more difficult question to answer for DUI attorneys is, "what if the drugs in your system were over the counter drugs or drugs prescribed by a physician?"  It is not illegal to drive with these types of drugs in your system, but it can become illegal and an issue of intoxication if the amount you have in your system impairs your driving.  In fact, if you are under the influence of these types of drugs when you are pulled over, it is likely that you will volunteer the information that you are taking certain medications to the police officer.  But, will you be charged with a DUI? 

These cases turn on the specifics of each case.  For example, if you were prescribed hydrocodone and you were taking it according to your physician's directions and had been taking it for a few weeks and were used to how it effected you, you might have your charged reduced to reckless or inattentive driving or even failure to use a traffic signal, depending upon the under lying cause for the traffic stop.  If, however, you consumed excessive amounts of the hydrocodone, meaning way more than you were prescribed, and you were pulled over because you were speeding while going the wrong way on the freeway the chances that you will get a DUI are high.

If you have been charged with a driving under the influence and you need to speak to a Boise DUI Attorney, please give us a call at 208-472-2383 and see what we can do for you.

COHABITATION COMPLICATION

You may recall that, last week, the Office for National Statistics (ONS) provided fresh ammunition for those calling for a clarification of the legal status of unmarried couples who live together, particularly those with children.

The ONS published data revealing that the number of men and women in the UK choosing to cohabit rather than marry had almost doubled in the last 16 years while the number of married couples was down nearly half a million in the same period.

My colleague, Beverley Darwent, provided comment on the matter for both the Daily Telegraph  and the Daily Mail.
It is a topic which another colleague, Claire Reid, has remarked upon in an article for the Huffington Post.
Whether cohabitating or married, it is important to be able to rely on family lawyers who can provide the right advice for you and those closest to you.

To arrange a discussion with one of the Pannone family lawyers, click here or call us on 0800 840 4929. .

For more advice and insight, you can also read our family law blog or follow us on Twitter @Divorce_experts.

Vicki McLynn, Partner

What's Happening In Court

I found this interactive book for children that describes the court process as a whole in very simple terms. It comes from a judge out of California and can be helpful in describing the court process anywhere.
http://www.courts.ca.gov/cms/cab/

EXPAT DIVORCEES STYMIED BY FOREIGN PROPERTY PRICE PLUNGE

Increased ownership of foreign property by Britons in the last few decades has brought with it the benefits of different cultures for families, provided investment opportunities and not a little bit of welcome sunshine.

However, the turbulence caused by marriage break-ups and the global recession has given a stark reminder of the potential downsides too.

As my colleagues Fiona Wood and Louise Halford have remarked in an article in today's Daily Telegraph  many former spouses who took homes in Continental Europe as part of their divorce financial settlements have seen their properties experience a dramatic drop in value.

Some are now trying to revise the terms of those settlements in an effort to undo the damage caused by the economic downturn and improve their future prospects. The circumstances in which those financial settlements can be varied are extremely limited.

As they have sadly discovered, divorce is not only a difficult process but can be a complicated one too.

In such circumstances, it can be greatly reassuring to count on straightforward advice from specialist family lawyers able to guide you through the potential pitfalls in order to achieve a resolution which is right for you and your family.

One of our expert family solicitors at Pannone would be glad to discuss matters with you further.

For more advice and insight, you can also read our family law blog or follow us on Twitter @Divorce_experts.

Vicki McLynn, Partner

Rise of the DIY divorce…

Couples who are somewhat impoverished are causing court chaos by representing themselves in the midst of cutbacks.According to the Daily mail; the recession and upcoming cuts to legal aid are putting immense pressure on family courts as these couples increasingly represent themselves.

I will therefore write a little post of pure commentary on this issue as there are repercussions to the recession for sure!

Whilst reading this and the talk of immense pressure on the courts, it raised a flag of discomfort and pressure of the couples who are the ones forced to represent themselves without help. There is a new arbitration scheme where there is a process that allows couples a more informal legal setting allowing them to settle out of court by employing expensive specially trained lawyers. A system that will prevent a level of hazard, sure, but one that is very much in favor for the wealthy, and as it is not a common occurrence where money is an easy factor for all couples especially in the area of divorce, the pressure on the courts seems one that has been self influenced in my opinion.

Certain views of representing one’s self suggest that it’s less time-consuming if you represent yourself. The lawyer is the middle-man who gets paid in abundance to forward the legal documents between the customer and the court, charges you all your calls per minute, sends you a vast amount of unnecessary correspondence in order to rip you off etc. Some say it is less stressful, more straightforward and faster.

However… Several judges told The Law Society Gazette that cases where litigants represented themselves it took twice as long because they often needed help navigating the legal process. One said: ‘We are getting more and more people coming to court in private law cases without the benefit of sensible, structured legal advice, wanting to spill blood on the court carpet,

More and more people are requesting to push for a no-fault divorce, explaining that with the fault-based divorce system in action currently with blame apportioned, ‘it is a confrontational process which benefits no one’ as the certain prospects believe. But whether you believe DIY divorce is the way to go or not, earlier this month Sir Nicholas Wall, the most senior family judge in England and Wales, warned of ‘a substantial increase’ in the number of people who will be forced to represent themselves in court due to cuts in legal aid. This is not to mention the rise of do it yourself services like www.quickie-divorce.com,www.quickiedivorce.co.uk and www.divorcefast.com.

The question begs: can people represent themselves confidently and not recklessly? In the midst of an intensive breakup whilst being in a state of shock – how does one try to cope with the legal system with little or no help!?

However simple some make it out to be, it does not sound inviting…

At Naked Divorce, we have some great contacts with lawyers and have vouchers for 1 hour consultations to consider all your options. Many lawyers today do fixed fee divorces and meditation is a low-cost effective option too. So before you run off trying to do it on your own – seek help today…

Till next time!

Lots of hugs

The great cohabitation conundrum

The changing nature of the modern family has been thrown into sharp focus thanks to new figures published by the Office for National Statistics (ONS).


It has revealed that the number of men and women in the UK choosing to cohabit rather than marry has almost doubled in the last 16 years, from 1.5 million in 1996 to 2.9 million in 2012.

The ONS added that the number of children living in these cohabiting households has doubled – from 900,000 to 1.8 million – over the same period.

When you add to that a drop in the number of married couples (down nearly half a million in the period covered by the ONS research) and the fact that single parents now account for some 26 per cent of all families with dependent children in the UK, it’s clear to see that the picture is very much different from that which might have been familiar, if you pardon the pun, to previous generations.

The ONS data accurately reflects my own experiences and those of my colleagues in Pannone’s Family department.

We find ourselves handling an increasing number of cohabitation disputes including those involving the children of unmarried couples.

Together with decreasing marriage numbers and the frequency with which we are dealing with couples divorcing in their late twenties and early thirties, it’s possible to conclude that fewer couples seem committed to the idea of marrying. Choosing to legally separate rather than work through marital difficulties is also no longer seen as the social stigma with which it had been regarded in years past.

The newly-documented increase in popularity of cohabitation does appear to add weight to calls for Government to introduce legislation to clarify the status of couples who choose not to marry and their rights should they break up.

As Pannone has remarked in the past, both on this blog and in the national print and broadcast media, the breakdown of cohabitating couples can be complex.

Whatever the nature of your own relationship – whether it is a cohabitation or marriage – it is important to be able to rely on straightforward advice from lawyers who can guide you through the potential complications to achieve a resolution which is right for you and your family.

To arrange a discussion with one of the Pannone family lawyers, click here or call us on 0800 840 4929. We are available to take your call twenty four hours a day, seven days a week.

For more advice and insight, you can also read our family law blog or follow us on Twitter @Divorce_experts.

Claire Reid, Senior Associate

INTERNATIONAL RELATIONSHIPS AND PROTECTING CHILDREN: HAGUE UPDATED

Today marks another important date for parents and lawyers who have ever found themselves embroiled in a case involving children and spanning the borders of different countries.

That is because today sees provisions included in a new and wide-ranging Hague Convention come into force in the UK.

Discussions about ‘The Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children’ (or ‘The 1996 Hague Convention’, to give the document its more familiar shorthand title) came to an end 16 years ago.

However, the Government in Westminster only finally ratified the document this year, hence an apparently belated adoption.

As its title suggests, the focus is on protecting children. Even though it may not apply to every single case, the new Convention’s various key strands mean it is likely to have impact on more matters than before.

The fundamental emphasis is on protecting children and clarifying the responsibilities of and relationships between parents and courts in an effort to make the legal resolution of any difficulties which arise “simple and rapid”.

For instance, one provision allows for an order made in one country which has signed up to the Convention and granted contact to a parent to be recognised in another signatory state, so overcoming the previous need to take out so-called ‘mirror orders’, replicating one domestic court’s ruling in another foreign jurisdiction.

The reason for the Convention’s significance is regularly brought home to myself and my colleagues. The breakdown of relationships involving children is common and can lead to disputes about which country those children are to live once their parents separate. The convention will simplify the procedure of maintaining contact with a child who is moving to another country on the separation of its parents.

Given the growing number of couples made up of individuals hailing from different countries, such disagreements can and have become even more complicated.

Whatever the circumstances, one thing is clear: removing a child from the country where it lives without express permission is a criminal offence.

If you find yourself in such a situation, it’s important to know that there are experts who understand the issues and anxieties involved, and who will make every effort to reunite you and your child.

Our child abduction solicitors have worked successfully on cases around the world, including Europe, Middle East, USA, Australasia and the Far East which have led to children being reunited with their parents.

Pannone is among those law firms recommended by Reunite, the leading UK charity specialising in international parental child abduction, and the association of family lawyers, Resolution.
If your child has been taken out of the UK to a country that has signed up to the Hague Convention or another international agreement, we will take legal steps to return them to you as quickly as possible.

Where no agreement is in place, through our international networks of contacts we will instruct specialist child abduction lawyers in that jurisdiction to fight your case.

We can also help locate a child that has been brought to the UK without your consent through the courts to ensure their safe return.

Swift action is paramount in child abduction cases and if you suspect your child is about to be taken out of the country - please call us immediately on 0800 840 4929 during office hours and 07947 022 312 outside office hours. Alternatively please contact Louise Halford, Child Abduction Solicitor, immediately and we will take action to prevent their removal.