Family First Magazine

familyfirst EDITION 3 | 2018/19

FAMILY LEGAL ADVICE MAGAZINE

Family team recognised by Legal 500 for “fighting fiercely

for its clients and striving for a good result”

In this edition Steps to consider when seeking a divorce PAGE 4

Prenuptial Agreements PAGE 5

Financial issues for married couples PAGE 6

Break the Cycle - a look at domestic abuse PAGE 8

What our clients say about us...

Thank you so much for today. You did an amazing job and I couldn’t have asked for anyone better to represent me! I’m so happy that it went that way. I’ll always be grateful for you and your team at Sills & Betteridge.

You all did an excellent job and handled my situation perfectly.

Thank you for the professional way that my divorce was handled; a very painful time which was eased by the ‘fuss-free’ approach from Karen and Leanne. Will certainly recommend.

I would like to take this opportunity to thank you from the bottom of my heart for representing me from February, helping me to get my children back and fighting my case for me every step of the way. You have been truly amazing and I have been privileged and honoured to have you as my solicitor. You are a dynamic wonderful person and I am so blessed to have you on my side.

I would like to thank Helen and her team for the help she has given during a very difficult time. Helen has always suggested positive steps forward and calmed down very tricky situations.

Thank you for completing my case.

You have been extremely helpful and I would recommend you without hesitation. Good luck for the future.

I couldn’t have wished for a better service and help throughout my case.

I’m so thankful for the support from Liz and Mel. I now feel I’ve got my life back on track!

Jess Firth-Brown acted for me, I was very happy with the level of support and communication from Jess and her team. Customer care was fantastic and I was kept up to date every step of the way. I have since recommended S&B to family and friends.

Chrystal was the first person who clearly understood what I was going through and immediately came up with an action plan.

She pursued her enthusiasm all through my case passionately until things were resolved.

She is a unique lawyer who assumes ownership of your matter. I would like to thank her from the bottom of my heart and recommend her services to anyone who needs a rational and quick approach.

Introduction Welcome to our latest edition of Family First. As always I hope you will find this informative and interesting.

We remain passionate about Family Law and providing our clients with the best possible service. We are constantly striving to make improvements for our clients’ benefit. We remain committed to encouraging our lawyers to obtain memberships and accreditations of panels which recognise their specialism.

Many of our lawyers are members of the Law Society Children Panel, Mediation Panel and are Resolution Accredited Specialists. Five of our lawyers are also trained as Family Mediators and two as Collaborative qualified

Solicitors. This means that we have substantial expertise, skill and experience to ensure your separation or other family issues proceed as smoothly as possible and that we achieve for you the best solution possible so that you can move forward with your life. We are one of the largest Divorce, Child Law and Emergency Injunction teams in the East Midlands and South Yorkshire.

In the recently published edition of Legal 500, Sills & Betteridge were recommended in two of its practice areas for the East

Midlands recognising Family Law and Corporate and Commercial.

The Legal 500 is completely independent and highlights firms and individuals in the UK based purely on merit focusing on the strength and depth of their teams. We are delighted that John Mitchell, Helen Derry, Mo Hayes and Chrystal Theofanous were highlighted.

We offer a wide range of Family Law services covering everything from complex matrimonial and financial matters, domestic abuse, care proceedings to international child abduction and forced marriages.

Our aim is to support you with our legal services during this period in a way that enables you to move forward with confidence.

Helen Derry

Partner Map-marker Lincoln phone 01522 542211 ENVELOPE hderry@sillslegal.co.uk

Contents familyfirst

05

06

08

10

12

04

Steps to consider when seeking a divorce

05

Prenuptial Agreements

06

11

Do you cohabit?

Financial issues for married couples

08

12

Children and Parental Responsibility

Break the Cycle - a look at domestic abuse

12

Who has Parental Responsibility?

Edition 3

10

Ten ways to make everything easier for your child

www.sillslegal.co.uk | 3

Steps to consider when seeking a divorce “In most cases matters can be negotiated between lawyers without the need to go to court.�

There may be a number of legal and financial processes that you need to go through to separate.

Legal and financial processes can increase conflict between spouses so it is important for you to think carefully about how you wish to resolve these issues between you.

You may need to deal with the following legal processes:

1. Obtain a divorce 2. Obtain a Court Order dealing with the financial aspects of your separation in relation to any jointly owned property, lump sum, spousal maintenance and pension provision under Section 25 of the Matrimonial Causes Act 1973.

3. Deal with any property/

Contact our Family Team who will help you every step of the way 4 | 0800 542 4245

conveyancing formalities if a property is to be sold or purchased.

4. Prepare a new will.

Often the first step is to instruct a lawyer. In most cases matters can be negotiated between lawyers without the need to go to Court.

There are also alternative ways

to resolve issues between you including Mediation and Collaborative Law. For more information visit www.sillslegal.co.uk

Rachel Muirhead

Partner Map-marker Skegness phone 01754 610101 ENVELOPE rmuirhead@sillslegal.co.uk

phone ENVELOPE

0800 542 4245 info@sillslegal.co.uk

Family First Magazine

Prenuptial Agreements Prenups can be a good mechanism for protecting a business interest you have A ‘prenup’ is a legal agreement entered into between a couple before they get married; it sets out what their rights are in relation to any property, debts and other assets and it stipulates what will happen to their ‘financial relationship’ should the marriage breakdown.

It is far more common for couples in the US to enter into these types of agreements than it is in the UK. Maybe it’s because people don’t feel comfortable discussing their hypothetical breakup at the stage that they are supposed to be committing to spending the rest of their lives together. Maybe it’s because historically in England & Wales these types of agreements haven’t really been worth the paper they are written on and because of this people have been less aware of their existence and potential benefits.

Is a prenup worth thinking about?

An estimated 42% of marriages end in divorce and whilst the rise in couples cohabiting before marriage has actually led to a slowdown in divorce rates, the stats don’t make for particularly positive reading. It’s a fact of life that personal relationships change and sometimes they end. Having a document setting out how your finances should be divided in that event could provide greater certainty and protection for you in the future.

Prenups can be a good mechanism for protecting any business interest you have, inherited property you may have received, property that you would like to pass on to others or assets acquired before you met your partner.

Context is always good for illustration so let’s imagine you’ve met the partner of your dreams. Before you met you had started a successful business as an online blogger. With some of the profit from your business you’d been able to invest in property and now own three buy to lets. Your partner has a steady career and before meeting you owned their home outright. A prenup could stipulate that you should both walk away from the marriage with those assets you came to it with. If you owned any asset jointly with your partner before or after marriage then the prenup could also set out how those assets should be divided.

You might think that this sounds like common sense but as soon as you marry the line between assets owned in one person’s name becomes blurred as individuals can make a range of financial claims against each other. It’s possible to make financial claims against most ‘available assets’ which can cause a lot of uncertainty.

Edition 3

Are prenups now worth the paper they are written on?

Yes, if done properly. Whilst still not 100% legally binding there has been a significant shift in attitude by the Courts towards them and the expectation now is that you should be prepared to be held to the agreed terms. Consult a specialist Family Law Solicitor at an early stage if you are thinking about entering into a prenup as there are certain key criteria legally which must be satisfied to ensure that the agreement carries as much weight as it can do. Very briefly – some of the criteria include that both individuals should take independent legal advice on the terms of the agreement and the agreement should only be entered into once you have both seen full information about the other person’s finances.

Prenups won’t be for everyone. Not everyone is going to be comfortable raising the topic with their partner. However if you are in a relationship where you can have an open and frank discussion about a prenup then it could certainly be worth exploring.

Written by Dominic Lee Map-marker

Nottingham

phone

| Solicitor

0115 941 1469

ENVELOPE

dlee@sillslegal.co.uk

www.sillslegal.co.uk | 5

Financial issues for married couples During divorce proceedings both parties are able to apply to the Court for a number of Financial Orders.

Karen Motley | Orders are available in relation to the following: - Spousal maintenance - Lump sum payment - Sale/Transfer of property - Pensions The starting point for dividing financial assets on divorce is an equal split. There are factors however that may weigh for or

6 | 0800 542 4245

against a person in determining the final outcome. Section 25 of the Matrimonial Causes Act 1973 sets out the factors that the Court will take into account which include the welfare of any child, contributions, disabilities, age etc. We will discuss with you which factors may be relevant in your case to ensure that you achieve the best possible outcome.

Legal Executive

Map-marker

Sleaford

phone

01529 302800

Pension Focus On divorce the Court is required to take all the matrimonial assets into account and this includes pensions. The Court can consider pension funds currently being paid into, plans that have been frozen and plans that are currently paying an income.

ENVELOPE

kmotley@sillslegal.co.uk

available for dealing with a pension and it will depend upon the particular circumstances of each case as to which solution is the most appropriate. As with most things there are advantages and disadvantages to each of the solutions and it is our role to consider with you what is appropriate in your case.

There are various options

Family First Magazine

We regularly advise in cases involving Armed Forces, Police, NHS and private pensions. We can advise people with modest pension funds to those who have pension funds worth millions of pounds.

Offsetting has historically been a popular way of dealing with the pension issue. This involves one spouse receiving money or assets in order to compensate for loss of pension rights.

This is useful where there are sufficient monies available to compensate. This will allow the person who receives the offset to use the money or assets as they please at the time of the divorce.

The pension member will retain their pension fund in tact.

Another popular method of

Edition 3

dealing with pension assets is a Pension Sharing Order. This solution enables the Court to split a pension at the time of divorce so that the spouse without a pension can become a member of a pension scheme.

each month to help with their living costs. Normally the following questions will be considered:

Spousal Maintenance Focus

STOP Should periodical payments be made and if so what amount?

One of the key questions on divorce is whether a clean break can be achieved or whether there is a need for ongoing maintenance i.e. where one party pays the other an amount

STOP Should there be a clean break?

STOP Should there be an element of compensation?

STOP How long should the payments continue?

STOP Can the spouse with limited

income increase their capacity to earn in the future?

Our Family Specialists can consider in each case whether there should be an order for spousal maintenance payments or whether a clean break can be achieved. We will look at budgeting, income and future outgoings and consider the various options with you.

Ben Woodward Solicitor Map-marker phone ENVELOPE

Lincoln 01522 542211 bwoodward@sillslegal.co.uk

www.sillslegal.co.uk | 7

Break the Cycle - a look at domestic abuse Many women, children and men live with domestic violence.

It can effect people from every social background, religion, culture and it can occur at any stage in a person’s life. Abuse can damage a person’s self-esteem and confidence.

We have established a Family Emergency Team who can respond to your needs quickly and offer advice out of hours.

You do not have to put up with domestic violence. Leaving an abusive relationship is never easy and we understand that.

Often people return several times before they are able to

“If you do decide that you want to leave your relationship and are suffering domestic abuse, there are a number of legal options open to you. ”

make the final break. We understand that there are many reasons why it is difficult to leave i.e. you are still in love, you are terrified of the consequences, you are worried about the children and financial implications. Often it can be that your confidence is so low you just cannot face leaving.

If you feel in turmoil about leaving we do recommend that you speak to someone. This could be someone in our Emergency Team, your GP, a friend or a Woman’s Aid counsellor who can help you decide whether to stay for the time being or support you in leaving.

If you do decide that you want to leave your relationship and are suffering domestic abuse there are a number of legal options open to you.

If you are in danger then always call the police and always dial 999 if it is an emergency. The police have a duty to protect and help you. Alternatively or in addition in certain cases you can

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Family First Magazine

make an application to the Civil Court (normally the County Court) if there is an immediate threat of danger.

We can help you with this and consider whether it is appropriate to obtain a Non-Molestation Order which can forbid someone from being violent towards you or from threatening, pestering or harassing you or coming within a certain distance of you. We can also obtain an Occupation Order which can require someone to leave the home that they share with you and forbid them to return or come within a certain distance of the home.

We can talk through the options with you. Legal Aid is still available for injunction applications if you are financially eligible and we will be happy to discuss and make an assessment on your behalf.

Written by Chrystal Theofanous Map-marker

Lincoln

phone

01522 542211

ENVELOPE

| Partner

ctheofanous@sillslegal.co.uk

If you do not feel able to leave the relationship at this stage there may come a time when you wish to do so or need to do so. Plan for that time:

CHECK

Report all incidents to your GP so it can be noted on your medical records.

CHECK

If you are injured and you go to the hospital keep a note of the date and time etc.

CHECK

Edition 3

If you sustain injuries take a photograph and make a note of when the incident occurred.

Keep the photographic evidence in a safe place, possibly with a friend, relative or solicitor. Any photographic evidence is better than none i.e. even if it is taken on your mobile phone.

CHECK

Keep a record of each incident including the date and time it occurred, what was said or done. Where property is damaged if possible photograph this.

CHECK

If you are assaulted report it to the police and keep a diary note of the date, office and case number.

CHECK

Save threatening or abusive text messages and emails.

Written by Marie Gallacher Map-marker

Northampton

phone

| Associate

01604 330710

ENVELOPE

mgallacher@sillslegal.co.uk

www.sillslegal.co.uk | 9

TEN ways to make everything easier for your child following separation Written by John Mitchell Map-marker

Lincoln/Nottingham

phone

| Partner 01522 542211

ENVELOPE

jmitchell@sillslegal.co.uk

1. Let your child know that you love them and make sure your actions prove it.

2. Encourage your child to respect their other parent. Speak in positive terms about each other if at all possible. Be civil when talking to each other. We know how difficult this can be.

3. Be careful not to burden them with your problems and avoid sharing all your worries. They are still children and should be treated as such. Try and find an adult shoulder to lean on.

4. Try to agree with your ex on the ground rules for parenting including bedtime, discipline, homework etc. If the children can live by the same set of rules in both homes then it makes it easier on them. If the ex however does not parent as you do then do not undermine them or step in unless the situation is unsafe.

5. Do not use your children as go-betweens or prevent your ex from seeing the children as a way of punishing them in an attempt to force some kind of action i.e. payment of child maintenance. Denying time with your ex as leverage is damaging to the child.

6. Keep your promises. If you tell them you are going to do something together do it. If you have to change your plans to give your children and the other parent as much notice as possible and try and rearrange. Feeling that they can depend on spending time with you on a regular basis is very important.

7. Avoid introducing a new partner too soon. Children may resent you spending time with new people too soon or feel threatened be their presence. It is best to wait until your children are more comfortable with this. Do not introduce them to partners you have just met. Make sure you are in a stable relationship first.

Studies have shown that ongoing conflict between parents after separation may increase the children’s risk factors for teen pregnancy, depression, behavioural problems, poor performance at school and suicide.

8. Create a stable and predictable routine for your children if possible. Maintain as many routines, rules and traditions from your past family life as you can. They need as much consistency as they can get when everything else around them is changing.

9. Avoid conflict. Although we appreciate that this will be hard in the beginning try not to argue with your ex in front of your children.

10. Sort out child maintenance issues. Studies show one of the main factors for poor outcomes for children is when they are living in a home with substantially reduced income after separation.

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Family First Magazine

Do all that you can to avoid placing your child in the middle of your conflict. Try to avoid: 1. Criticising your ex in front of your child.

2. Using your child as a messenger between you

itself. This will create a conflict of loyalties for the child.

and your ex partner.

parent does not pay any child maintenance.

This will just add to their sense of abandonment.

3. Forbidding mention of the other parent .

4. Telling your child that the other parent is to blame for any difficulties or for the separation

5. Telling your child for example that the other 6. Forcing your child to choose between you.

7. Arguing in front of your child.

Fortunately most parents find a way through separation that is not harmful for their children. The key is not to expose children to conflict or put them through the stress of conflict. The challenge for you is how to sustain and continue the job of being mum or dad whilst letting go of being a partner/spouse.

See our moving forward website www.movingforwardlincs.co.uk

Written by Mo Hayes Map-marker

Lincoln

phone

| Partner

01522 542211

ENVELOPE

mhayes@sillslegal.co.uk

Do you cohabit?

“Many cohabitees assume that they have the same rights to property and maintenance as they would have if they were married” Written by Liz Morris Map-marker

Scunthorpe

phone

| Solicitor

01724 702222

Cohabitation is now common place and many people are having children without being married. Many cohabitees assume that they have the same rights to property and maintenance as they would have if they were married, particularly if they have lived together for a long time or have children. That is not the case.

For couples where there are no children, the main claims relate to property and applications under the Trust of Land and Appointment of Trustees Act 1996. Typically such applications

Edition 3

ENVELOPE

lmorris@sillslegal.co.uk

occur where one has financially contributed or made substantial improvements to a property owned by the other and are often made to force a sale.

For couples where there are children (whether or not they ever lived together) there is an option of making an application to the Court for an order under Schedule 1 of the Children Act 1989 for the following: STOP Maintenance to be paid for a child if one parent lives abroad, or whether the nonresident parent earns more than the maximum amount the CSA

or CMS will take into account.

The latter are known as ‘top up’ orders. The Court may also make maintenance orders to pay for educational expenses, a child’s liability, or where a child is over the age of 18 and is remaining in education. A child going to university may make an application themselves.

STOP Capital Orders. A lump sum or sums may be ordered to be paid normally for a particular expense e.g. to pay for a family car. There is now limit on the number of lump sum applications that can be made.

STOP That a property be transferred of held in trust for the benefit of a child temporarily i.e. usually until child attains the age of 18 or ceases fulltime secondary education or university education. At a stage the property will either be transferred back to the payer or sold and the proceeds returned to the payer.

Contact our Family Specialists for full consideration of your options.

www.sillslegal.co.uk | 11

Children and Parental Responsibility “The Courts do not usually become involved in arrangements for children unless there is a dispute between the parents.”

Parental Responsibility is a term used to define the rights, duties, powers, responsibilities and authorities which parents have in relation to children.

It generally means general protection and maintenance of the child and responsibilities in relation to the children’s education, religious upbringing, medical treatment, surname, removal out of the country and assisting in legal proceedings.

The Courts do not usually become involved in arrangements for children unless there is a dispute between the parents. It is therefore open for you as parents to come to whatever arrangements you like in relation to your child.

If you are unable to agree arrangements for your child then it may help to attend Family Mediation. An independent mediator will provide you with a framework to discuss children issues.

Ultimately however if no agreement can be reached in relation to issues such as where the child should live, the amount of time to be spent with each parent, which school the child should attend, medical matters or even whether they should leave the UK, then it will be necessary to refer the matter to the Court. We can help you with this.

Written by Victoria Rowson Map-marker

Grimsby

phone

01472 660025

| Associate Solicitor ENVELOPE

vrowson@sillslegal.co.uk

Who has Parental Responsibility?

All mothers have Parental Responsibility. Fathers if married have Parental Responsibility and unmarried fathers have Parental Responsibility if their child was born after the 1st December 2003 and are on the birth certificate. Fathers who do not have Parental Responsibility can obtain Parental Responsibility by completing a formal agreement with the mother or by applying to the Court.

spend time with both parents it is extremely important that a child is safe. If there are any issues around domestic or child abuse you should take legal action or consult Children’s Services so that proper consideration can be given to these issues.

Sarah Rowe Family Law in England favours shared Parental Responsibility and continued contact between children and both parents following separation. Although there is a presumption that the child should

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Solicitor Map-marker Gainsborough phone 01427 616816 ENVELOPE srowe@sillslegal.co.uk

Family First Magazine

Questions & Answers Dear S&B I have just split up with my partner. We lived together for 15 years in his house. He paid the mortgage and bills.

However, I did most of the grocery shopping and paid for our holidays and social life. My friends tell me I am his 'common law wife' and have rights. Do I have a claim against the equity in the house? We have no children together.

Responsibility you either need his

France permanently, then you will

as this may prolong the Court case

written consent to the trip or the

need to obtain either the father's

and have a bearing on whether

permission of the Court. If you take

written consent to such a move

you take this course. Ultimately

your daughter to France, either

or the permission of the Court to

the Court has to base its decision

without first obtaining the consent

remove your daughter from the

on what it deems to be in the

of the father, or if he expressly

jurisdiction.

best interests of the child. This

withholds his consent, you will be

is why it is necessary for a social

committing a criminal offence and

worker to look into your family's

could be liable to serious penalties.

If the father does agree that your daughter may be taken out of the jurisdiction for a holiday to see family in France then you will need to obtain the father's written

Firstly there is no such thing as

consent to allow you and your

a 'common law wife'; this term

daughter to travel to France for an

has no legal meaning. In the

agreed period of time. You should

circumstances of your case, it

also give your written commitment

is very unlikely indeed that you

to returning to the UK once that

would be successful in establishing

period of holiday has come to an

an interest in the equity in the

end.

property if you were to pursue

circumstances to advise the Court.

Dear S&B I live with my partner and her son. I am really the only father figure he knows as his biological father has not been very interested in him and does not see him. My girlfriend and I have talked about the possibility of me adopting him but I don't know where to start.

Dear S&B I have recently found out that my husband has been having an affair and I want to get a divorce. I know the woman he had the affair with but do I have to name her in the divorce?

Adoption is one of a number of

If you decide that you definitely

different options open to you in

wish to seek a divorce, it would

a claim through the Court. You

If there is any concern regarding

this situation depending on what

be open to you to base your

would normally only be successful

your status as primary carer of

is most important to you. You can

application on your husband's

if you could prove that you had

your daughter, an application

apply to adopt your partner's son

adultery. Assuming that your

contributed towards either the

for a Child Arrangements Order

provided that he has lived with

husband admits to the affair

purchase price, subsequent

stating that your daughter lives

you for 6 months by the time

you would not have to name

renovation works or the mortgage

with you can be made. Having

you make your application. If you

any third party. If you did, that

repayments. The Court would

a Child Arrangements Order in

wanted to make an application

person would become a party to

look however to see what was

place would allow you to take your

you would first have to give notice

the divorce proceedings which

the intention of you both as

daughter out of the jurisdiction

to the Adoption and

could complicate and delay

to the legal ownership of the

of England, without securing the

Fostering Team of your local

the progression of the divorce,

property and whether you relied

father's consent, provided that

County Council as the Court will

therefore it would rarely be

on that intention to your financial

the period of removal is for less

require a report to be prepared

beneficial to name anyone else.

detriment.

than 1 month. On the making of

before it can consider making an

a Child Arrangements Order, the

Adoption Order.

Court can be invited to grant the

Dear S&B I am from France and my daughter was born in Lincolnshire. I wish to take my daughter to visit my parents in France. Can I take my daughter to France without her father's consent?

If the father does not have Parental

Dear S&B Do I need to use a solicitor in respect of my divorce?

holder of that Child Arrangements

In your situation an Adoption

Order permission to take the child

Order would have the effect of

abroad generally, or for certain

discharging the biological father's

specific purposes. If you were to

legal status where the child is

have a Child Arrangements Order

concerned (but not your partner's

If you can afford one then it is

made in your favour, you would

as mother). If he has Parental

better to have one and it may cost

not be committing an offence if

Responsibility for the child, for the

you more in the long run if you do

you took your daughter out of the

Order to be made he would either

not do so.

UK without the father's consent,

have to consent to it or the Court

provided that you return to the UK

would have to dispense with the

In relation to divorce proceedings

within 1 month.

need for him to consent. If there is

many people are now trying to

a chance that the biological father

do it themselves or online. We see

Responsibility then you can go on holiday without his consent.

If you return from the holiday

might object it would be sensible

many cases where people come in

If the father does have Parental

with the intention to go back to

to seek more specific legal advice

when they have either started the

Answers by Jayne Coddington

Edition 3 Map-marker

Boston

phone

01205 364615

ENVELOPE

| Associate

Answers by Karen Hales

jcoddington@sillslegal.co.uk

Map-marker

Gainsborough

phone

| Legal Executive

01427 616816

www.sillslegal.co.uk | 13

ENVELOPE

khales@sillslegal.co.uk

process themselves or online and

you a bespoke service dealing

mother was preventing this from

the child following any contact

it has become necessary for them

with all matters on your behalf or

taking place or being difficult in

visit then your new husband could

to get help. This can ultimately

simply provide you with advice

this regard. Should the result of

contact the police to locate the

cost more and result in delay.

on an as and when basis. If you

the DNA testing show that you are

child and return them to him.

We do offer a fixed fee divorce

are still on good terms with your

not the child's biological father

service. In relation to the financial

spouse and you are able to discuss

then, if you so wish, the Court

aspects of your separation, we

these matters either direct or in

can be invited to write to the

strongly recommend that you

mediation we can then convert

Registrar General confirming the

obtain legal advice. To have a

any agreement that you reach,

same in order that the child's birth

binding, enforceable settlement

after giving advice, into a Consent

certificate can be changed.

you need to have full disclosure of

Order to be placed before the

your respective financial positions

Court.

and a Court Order confirming the terms and if appropriate

How much you use your solicitor

dismissing future claims. The draft

depends on whether you remain

of a Consent Order needs to be

on reasonable terms with your

done carefully. It is important

partner, the nature and extent

to remember that without an

of your assets and your own

Order dismissing future financial

confidence in dealing with such

claims, your respective claims

matters. It remains however

against each other will remain

strong advice that you always do

open, unless the remarriage trap

seek legal advice in relation to

applies. This is often considered

financial matters before you agree

unsatisfactory, for example,

a financial settlement.

Dear S&B My ex-husband has not had contact with our 6 year old daughter for over a year. I am in the Armed Forces and am going to be posted out of the Country for a few months. I want my daughter to be cared for by my new husband and do not want my ex-husband to be able to take her. What can I do?

your spouse could make a claim

Dear S&B My wife and I separated 6 months ago but have not issued divorce proceedings.

The matrimonial home is still occupied by my wife. I have recently found out that my wife is taking voluntary redundancy and will receive ÂŁ40,000 shortly. What can I do to make sure that she does not spend it all before financial matters are sorted out?

In the first instance it would be necessary for us to write to your wife seeking an undertaking (formal promise) from her that

against your home, pension or

In this situation, the best course

she will not dispose of any of

capital in the future, particularly

of action would be for you and

the redundancy monies and

your new husband to apply to the

requesting that she provides

Court for a Child Arrangements

details of the account into which

Order in respect of your child.

the monies are to be paid. Should

Your former husband would be

such an undertaking not be

served with Notice of Proceedings

forthcoming from your wife then

if your circumstances improve.

You must also be aware that if one of you remarries prior to lodging an application with the Court for financial issues to be dealt with

Dear S&B I am named as the father of a child on their birth certificate but I do not believe that I am.

What can I do?

then you may lose your right to

and his views would be taken into

you would need to decide whether

claim against your former partner

In the first instance, it will be

consideration. If your ex-husband

or not to make an application to

in the future.

necessary to establish whether or

did not agree to such an Order

the Court for a Freezing Order.

not you are the child's biological

being made then a CAFCASS

If there are other assets of equal

There are however many things

father. In order to ascertain this

Officer would be appointed in

value to the redundancy monies,

that you can do to limit the cost.

we would firstly write to the

order to investigate matters

for example, equity in the former

The more you and your spouse can

child's mother inviting her and the

further and they would then make

matrimonial home then you

agree the better. This should only

child to undertake DNA testing.

a recommendation to the Court. A

may be advised not to apply for

be done once there has been an

If the child's mother will not

Child Arrangements Order would

such an Order. However, if there

exchange of full and frank financial

agree to this then you can make

give your new husband the same

were no other assets of sufficient

information.

an application to the Court for a

rights in respect of the child

value then you would be advised

Declaration of Parentage. During

as you and importantly, would

to apply for such an Order. It

Mediation or collaborative law

such proceedings, DNA testing

give him Parental Responsibility

would however be necessary for

can assist in helping you reach an

would be ordered to be carried

meaning that he could make

divorce proceedings to be issued

agreement and then it will simply

out. Should the result of the DNA

day-to-day decisions on their

immediately as such an application

be a matter for the lawyers to put

testing show that you are the

behalf and consent to any medical

cannot be made unless there are

that agreement into a binding

child's biological father then no

treatment that they may need.

divorce proceedings before the

Order to be placed before the

further action would need to be

Further, during the time that you

Court.

Court.

taken unless you wished to have

are away from the Country, if your

At Sills & Betteridge we can offer

contact with the child and the

ex-husband were to fail to return

Answers by Siobhan Thompson

| Partner

Answers by Lindsay Tasker

14 | 0800 542 4245 Map-marker

Northampton

phone

01604 330710

ENVELOPE

sthompson@sillslegal.co.uk

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phone

01205 364615

| Partner ENVELOPE

Family First Magazine

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Edition 3

www.sillslegal.co.uk | 15

I hope you enjoyed this edition.

As with everything we do, we welcome your feedback, so if you have any comments on this issue please send me an email at: hderry@sillslegal.co.uk

Sills & Betteridge is a trading name of Sills & Betteridge LLP. Sills & Betteridge partnership registered in England and Wales (Registered number OC339586) and is regulated by the Solicitors Regulation Authority.

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