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Financial Matters after Divorce

By Default at 11:00

The introduction of “no fault divorce” in 2022 has, to a large extent, taken the heat out of the divorce process by no longer requiring details for the reason of the breakdown of the marriage. 

It is, however, all too easy to go through that divorce process, especially if solicitors have not been instructed without giving thought at the time to financial and property issues that arise out of the marriage breakdown.  

The Court will not take the initiative in resolving these issues and I see many situations where the divorce itself has been concluded, but there are formal steps taken to sort out financial issues.  Sometimes informal arrangements are made between spouses which they both consider to be entirely satisfactory. 

It is important, however, to remember that such matters cannot be regarded as closed unless and until there is a Court Order in place.  There is no time limitation on making applications to the Court to deal with orders and people can receive an unpleasant surprise if they think all these matters were sorted out several years ago, only to find that they are very much still alive. 

If you have reached an agreement with your spouse, whether it be in mediation or by private discussion, it is very important to make sure that that agreement is set out in the form of a Court Order and approved by the Court, otherwise it can represent a very serious loose end.  

Achieving finality is very important, especially when assets, especially pensions, will very likely continue to grow in value post-separation. 

I would very much urge anyone who either thinks they have reached agreement or still has to reach an agreement, to take legal advice with a view to achieving that very necessary finality. 

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Can I get Legal Aid - Family Law

By Paul Hunt at 16:00

For a long time now legal aid in family proceedings has been very restrictive and even though it is over 10 years since those changes were introduced, it still comes as an unpleasant shock to people who may be on benefits or otherwise have a very limited income to find that they are not eligible for legal aid to help them with issues concerning divorce or children. 

Legal aid is still available for certain applications, such as for Non-Molestation Orders to provide protection.  However, in cases relating to divorce finances, or disputes as to children’s arrangements, you first have to provide the necessary gateway evidence of domestic violence/domestic abuse, or risk to children. 

There are very specific regulations as to what constitutes appropriate gateway evidence for this purpose and it is not enough, for example, to be able to show that the police may have been called a number of times if that did not convert into any action being taken. 

Legal aid, however, remains available for public law proceedings involving the Local Authority, and is automatically available to a parent or a person who otherwise has parental responsibility in applications by the Local Authority for care orders for children. 

It is important to remember, however, that even if you have the gateway evidence, you still have to qualify an assessment of your financial means, and as to the merits of the case. 

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Accident in the Workplace

Employers have a common law duty of care towards their employees to ensure they are safe whilst working.

If you have been involved in an accident at work, your employer may have breached that duty of care they hold towards you.

Accidents at work can result in injuries caused by defective work equipment, lifting injuries, the failure of your employer to provide personal protective equipment and to provide a safe place of work and also injuries caused by fellow employees. The accident may happen at your workplace, which can include:

• Offices

• Factories

• Heavy machinery operatives

• Hospitality industry

• Construction sites

• Shops/supermarkets

• Vehicle drivers

• Hospital

• School/College/University

If you want further information click here

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Warning, if you are a Commercial Property Landlord or Tenant then you need to consider the following five points during the COVID-19 pandemic.

1) If you make the decision to temporarily close your doors then you will need to let your Landlord know. Your Lease may have tenant covenants which require you to trade at certain times and for certain hours. Liaise with your Landlord or the property managing agent and discuss your proposals with them to ensure they agree and you are not in breach of your lease.

2) Consider with your solicitors any cessation of rent clause in your lease, most leases contain a clause that allows you to stop paying rent for the period your premises is uninhabitable, we are in unprecedented territory here, careful consideration of any such clause in your lease needs to be undertaken and you need to communicate with your Landlord.

3) If the government imposes restrictions on trading during this time your Lease will likely contain a clause which says that you must adhere to any legislation or regulation imposed whether you agree to it or not, if you are a tenant you must seek advice. Landlords must also ensure that their Tenants are following any legislation and regulation imposed.

4) You must be extra vigilant and ensure all visitors and employees are following the strict hygiene guidelines and that all employees are protected and are allowed to self isolate.

5) If you must close or decide to close your establishment speak to your insurance company and let them know as there maybe requirements within the insurance policy for there to be personnel on site at certain times for certain periods. Speak to your local council if you have a Premises Licence and about business rates and ask advice.

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