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Oct 11
DIVORCE SOLICITOR SURREY: The Remarriage Trap Updated
11 Oct, 2016. 0 Comments. Finances on Divorce. Posted By: mark
Under Section 28 (3) of the Matrimonial Causes Act 1973, when either party remarries they shall not be entitled to apply for a Financial Provision order or for a Property Adjustment Order. What this means is that parties historically who have been ill advised or unaware of this section have remarried and been unable to claim for financial orders in the previous marriage. In Robin v Robin, a 1983 case, the court confirmed that the effect of Section 28 (3) was that the court had no jurisdiction where one party had remarried.  That was even where the unmarried spouse applied.…
Oct 10
DIVORCE SOLICITOR SURREY:  What sort of pension orders can you get from your ex on divorce?
These are the sort of pension orders that courts commonly order: A percentage of a pension transferred to your name from the spouse that holds the pension. Or you can join your ex-partner’s pension scheme. You can agree to share pensions at a later date. You can get a deferred lump sum. What this means is a lump sum from your ex-husband’s pension, commonly when they retire. A pension attachment order. Under this order you will get some of the pension when it starts being paid to the pension holder. For advice on pension orders or any other aspect of…
Sep 25
Hiding assets in divorce cases
25 Sep, 2016. 0 Comments. Finances on Divorce. Posted By: mark
In fiercely fought divorce cases, one or both parties can allege that the other side have failed to disclose assets or even fraudulently attempt to move assets into other people’s names. Where one spouse supervises the family finances, the other may know very little about the reality of this. So the party at an advantage may try to divest themselves of assets to produce a relatively modest asset statement, or to under declare. Sometimes spouses put the assets in different companies. Often they get relatives to step in to hide or understate the value of assets. One spouse may have…
Sep 5
Surrey Divorce Solicitors – Rights of people living together (cohabitees) in Surrey after relationship breakdown
5 Sep, 2016. 0 Comments. Unmarried Couples. Posted By: mark
Proprietary Estoppel Proprietary estoppel arises most when the owner of a property causes another to act to her detriment in the belief that she will obtain an interest in the property. Three main factors must be established per Thorner v Major [2008]: 1   There must have been assurance representation or expectation that the claimant has or will have rights in the owner’s land. The representation can be active or  passive acquiescence to an assumption held, as long as the owner intends the claimant to rely on it. The representation does not need to be made in the precise terms of a specific proprietary…
Jul 4
DIVORCE SOLICITOR SURREY: Can you change the locks on your spouse when the property is in ‘joint names’?
4 Jul, 2016. 0 Comments. Divorce and Separation. Posted By: mark
This is one of the most common questions I am asked when dealing with divorce. The simple answer is no.   If the property is jointly owned, then you cannot change the locks without the other owner’s consent because they have a right to enter and/or occupy the property if they wish. But people do it all the time and bluff that their spouses who have moved out will not spend money on lawyers in getting a court order. If there is any domestic violence or threatening or intimidating behaviour towards you by your partner then you  yourself can apply to…
Jun 16
DIVORCE SOLICITOR SURREY: Judge calls for changes to encourage children to give evidence
Head of the Family and Divorce Court, Mr Justice Munby, says changes are needed to encourage more children to give evidence in Family Court proceedings. The chief of the Family Court has said there has been a sea-change in attitudes to children giving evidence in court, but more changes are necessary. He was commenting on the unlawful removal of three children from Hungary to England by their mother. The original case decided that the children should return to Hungary as they had been unlawfully moved to England without the father’s consent. The eldest child, 14, contested that her voice had…
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