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06 September 2018

Social Media is now a part of our everyday lives; on the one hand, it allows people to connect with each other across the world, provides a window into each other’s lives, and opens us up to new opportunities and challenges. On the other hand, however, it can become a festering cesspit of accusations, lies, half-truths and used as a platform on which to wage a war of reprisal against a former spouse or partner.  Our tips on how to use – and not use – social media during a divorce or separation will help you divorce with dignity

 

1 – Do change your passwords. This is an important measure to take on all social media and email accounts for your own security.  If the break-up has been less than amicable, then you need to make sure that your ex doesn’t have any access to your personal social media and email accounts.  If you know your ex’s passwords, do not be tempted to use them to log into their accounts.

2 – Don’t spy on your ex. However tempting this might be, all it will do is cause you more pain and distress. You may wish to consider blocking him or her and any of their close friends – this will give you some space in your digital life and means that you can focus on you and your life without having posts from your ex pop up in your timeline.

3 – Don’t bad-mouth your ex.  This applies particularly if you have children together – your relationship with each other may have ended, but your children’s relationship with their other parent hasn’t.  Don’t post anything negative about your ex as your children may read it and find it hurtful. This also applies to other family members and close friends who love both of you; it would be unfair to force them to take sides.

22 August 2018

Having your first consultation with a solicitor can be nerve-wracking, but these tips will hopefully help you prepare and feel more confident about the first meeting.

1 – Be prepared - it is advisable to prepare a brief chronology of your case so that your solicitor can read this to gain a better understanding of your situation. This is just a short summary of the fact, including who is involved, the date the dispute started, the type of dispute, the key events and the status of your dispute. Take any previous correspondence and relevant documents with you, such as letters or emails from the other side or their solicitor, contracts, financial documents, accident or police reports, etc. If your consultation is to be over the phone, you can scan and email these to your solicitor before the consultation. Being prepared before the meeting means your solicitor will be in a better position to advise you.

2 – If you are having an initial phone consultation, make sure you are in a private, quiet area so there is no background noise or disruptions. This will also allow you to speak freely with your solicitor without worrying about being overheard by colleagues or others. If the meeting is at the solicitor’s office, you will be in a private room, so you won’t need to worry about being overheard.

16 August 2018

Middle-aged people are increasingly choosing to live together rather than get married.  This is especially noticeable within the 50-64 age group of people who have never married, where cohabitating relationships are increasing year on year.  In 2002, just 6.1% of those in the 50-64 age group who had never married were in a cohabiting relationship. However, in 2017, this figure rose sharply to 12.9%. 1

Family law solicitors are explaining that the increase is most likely due to fears held by one or both parties that, if they marry, they would lose a substantial amount of their assets and wealth in a future divorce settlement.

Cohabiting couples are not afforded the same legal protection as married couples in the event of the relationship ending. The myth of common-law marriage persists and often leads unmarried couples to wrongly assume they will be able to claim a share of assets owned by their partner should they separate.  When an unmarried couple separate, they will each keep any assets and bank accounts that are in their own names. If there are any jointly owned assets, then the law will assume that each party has an equal share of ownership and that the assets should be shared accordingly. Some provision is made for couples with young children under section 1 of The Children Act 1989 – but this offers no permanent solution for the parent living with the children.

15 August 2018

The Home Office has issued new guidance to parents and others travelling with children this summer.

Anyone travelling with children under the age of 18 who is either not the child’s parent or appears not to be the parent because they have a different surname to the child will be asked to prove that they either are the child’s parent or have consent from the parents to take the child abroad.

The Home Office tweeted recently: “We have a duty to safeguard children and to prevent people trafficking, child sexual exploitation and other crimes. That is why Border Force officers sometimes need to ask additional questions.”

13 August 2018

Not many parents are aware that if they have children together and then marry each other afterwards, they are required in law to re-register their children’s births. There has been quite a lot of confusion about this on social media and parents’ forums and groups. Our blog aims to help clear up that confusion. 

The relevant legislation is Section 2 of The Legitimacy Act 1976, which requires parents to legitimise their child after their marriage. This dates back to an age when illegitimate children (those born to unmarried parents) were unable to inherit from their parents. Registering children born before their parents’ marriage means the children would be legally recognised as “children of the marriage” and therefore able to inherit their parents’ estate. 

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