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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…
Jun 15
DIVORCE SOLICITOR SURREY: Financial Remedy Orders cannot be granted before decree nisi
15 Jun, 2016. 0 Comments. Finances on Divorce. Posted By: mark
K v K (Financial Remedy Final Order Prior to Decree Nisi [2016] EWFC 23  The district judge made a final order in financial remedies proceedings before the decree nisi was applied for, in the belief that decree nisi had been granted. The wife's legal representatives were under the same misapprehension. The order granted the wife unrestricted access to the former matrimonial home and ordered the sale of the property forthwith. The order was to take effect from the grant of decree absolute. Pursuant to s 23 of the Matrimonial Causes Act 1973, a financial remedy order could only be made…
Jun 14
Living Together Agreements (Cohabitation Agreements)
14 Jun, 2016. 0 Comments. Unmarried Couples. Posted By: mark
People increasingly choose to live together but should seek professional advice because their relationship may not have any legal status as the law currently stands as there is no such thing as ‘common law husband/wife' in the UK. There is enormous potential for financial difficulties and losses if the relationship breaks down in the future and there is no agreement as to who owns what and what each others' rights are. This leads to high legal costs in dispute resolution, as couples who live together in the absence of a marriage or civil partnership must rely on complex property and…
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