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.
Anthony Vingoe
Specialist Family Law Solicitor
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.
Anthony Vingoe
Solicitor and Family Law Specialist
Pre-Nups Revisited
I have just concluded a case where a Pre-Nuptial Agreement prepared by me some five years earlier was challenged by the wife.
The Agreement protected the husband’s pre-martial wealth but the wife’s case in the divorce was that it should no longer stand given the lapse of time and her need for a home.
The law is still largely governed by the 2010 case of Radmacher and provides that a properly prepared Pre-Nuptial Agreement is an important factor for any court to take into account. It is not binding on a court although it is likely to be ‘’taken into account’’ if certain requirements are met such as it being fair, both parties having had legal advice on it and them each having provided full financial information before it was signed.
This was a short to medium length marriage and the Agreement carried a lot of weigh and was thankfully upheld.
However, had the marriage lasted longer, the Pre-Nup might not have carried so much weight as the early contributions would probably then carry less importance and the assets would be more likely to be shared equally.
As always, there is no formula to follow and no one right answer. Please speak to a specialist family law solicitor as it might save you a lot of money and stress.
Anthony Vingoe
Solicitor and Family Law Specialist
Over the last couple of months I have conducted all client meetings by Zoom video conferencing. It has worked really well and I plan to continue this even after the health pandemic has passed.
Long drives to and from meetings can be avoided which will also help wildlife and nature.
Anthony Vingoe
Specialist Family Law Solicitor
Preparation is crucial
Every so often a case is decided by this country’s highest court which goes largely unnoticed but which can have huge implications for the everyday cases if correctly applied by solicitors.
The case of Rothschild v Charmaine De Souza in 2018 is one such case.
The husband said that a business set up and run during the marriage and 5 properties bought during the marriage were owned by his mother and tried to prevent the wife from receiving her fair share of them.
The judge disagreed and found that the common intention of husband and wife was that the company shares and 5 properties were owned by them both on a 50/50 basis. This resulted in her rightly receiving a half share of the marital wealth.
What this shows is that, with the correct preparation by an experienced solicitor, a fair outcome can be achieved.
Anthony Vingoe
www.familylaw-specialist.com
Family Lawyer and divorce solicitor for Cornwall, Devon and London | Family Law Solicitors
www.familylaw-specialist.com
Specialist family lawyer in Cornwall, Devon and Sussex. Divorce solicitors for the family and children in the SW region, providing support and advice on finances in divorce.