1 month ago
I often have people comment that they have difficulty finding me which I can understand given that my company name is familylaw-specialist.
I am therefore changing the name to Vingoe Family Law and shall continue to specialise in the financial implications of divorce and separation. The website is being updated so further news to follow.
Anthony Vingoe ... See MoreSee Less
Divorce Law to enter the 21st Century
I am pleased to say that the Divorce, Separation and Dissolution bill is now reaching the final stage before it becomes law. The bill aims to introduce the much needed “no fault” divorce and consign the current fault based divorce system to the legal dustbin.
Once the Queen has given her assent and the bill becomes law, the introduction of the ‘no fault’ divorce will enable couples not looking to apportion blame to divorce straight away rather than waiting 2 years before applying under the current divorce system.
The new law will also:-
(A) Remove the possibility of a person contesting a divorce so that the statement by the person applying for the divorce will be conclusive evidence that the marriage has irretrievably broken down.
(B) Introduce a new minimum period of 20 weeks from the start of the divorce to the court confirming that a conditional order may be made (the court approving the divorce) which will allow greater opportunity for couples to reflect and agree practical arrangements for the future.
The change to the divorce system is long overdue and brings an end to the “blame game” which is present within the current archaic system.
Specialist Family Law Solicitor ... See MoreSee Less
Inheritance Claims - a Sting in the Tail
The recent case of Shapton v Seviour shows that adult offspring are increasingly bringing unmerited claims under the 1975 Inheritance Act in the hope that the other party who inherited under a Will will settle out of court.
In the case, Mr Seviour's Will had left his entire estate to his terminally ill widow. Despite the estate's modest value of £268,000, Mr Seviour's adult daughter Carly Shapton argued she was entitled to a quarter of the estate.
Mrs Shapton and her husband were financially independent with a house of their own and reasonable incomes, but had £20,000 of credit card debt. She claimed that this was evidence of her financial need although another possible motivation was her poor relationship with her step-mother Mrs Seviour.
The High Court dismissed Mrs Shapton's case as 'absolutely hopeless' and awarded costs of £50,000 against her.
It is perhaps unfortunate that the 2017 Supreme Court case of Ilott v Blue Cross has given many adult offspring the idea that they can succeed in a 1975 Act claim based on their financial circumstances. It is not correct that this case has given rise to a 'rule' that 1975 Act claimants can expect a share of the estate, either by judgment or by pressurising the other party into settling.
What the [Shapton] decision illustrates is that very many of these cases should not be settled. Beneficiaries in a Will should not be pressurised into settling unmeritorious claims.
Solicitor and Family Law Specialist ... See MoreSee Less