Jun/090
Divorce Laws Outdated to say the Least
Divorce laws in England and Wales are in desperate need of radical reform, Nicola Hesdon, Head of Family Law at Keith Park Solicitors, said today.
Unfortunately, these days in modern Britain, divorce is common. Although the law in this area has come a long way over the years, couples still have to point the finger of blame, if they are to obtain a successful divorce. Nicola Hesdon commented “having to have an element of blame often gets in the way of successfully resolving the financial matters upon divorce. It is extremely outdated”.
Couples who want an immediate divorce have to prove that their spouse has, either behaved unreasonably or committed adultery. More often than not, this creates animosity.
Jun/093
Cohabitation?
FACT - More and more people, both heterosexual and same sex relationships, are choosing to live together. Their relationship with one another is not recognised as having any legal standing and they have no special status in the eyes of the English legal system. You will therefore come up against laws which are not just out of date but messy and complicated.
If you have been living together with your partner, then you should know that there is no such thing in English law as a “common law husband/wife”. This can lead to many problems if you separate. “Who gets what?” You could also face difficulties upon bereavement of one cohabitant such as unexpected tax bills or even becoming homeless. The solution to this problem is a cohabitation agreement. This agreement will formalise ownership of assets and responsibilities in an unmarried relationship. We would also recommend that both a Trust Deed settling property rights and a Will are also essential for good legal health. Cohabitation agreements are not just for the rich and famous. Imagine if you lose what little you have. Spend a little now, save a lot later.
Jun/090
Changes in the Law Relating to Contact with a Child
The first part of the Children and Adoption Act 2006 relates to contact with children and provides, amongst other things, for the court to make contact activity directions. A contact activity direction is a direction requiring an individual to take part in an activity which promotes contact with the child who is the subject of the proceedings.
One of the purposes of the provisions is to help make people fit for contact by, for example, requiring them to attend programmes, classes and counselling or guidance sessions to help them establish or improve contact with the child. Orders can only be made if there is a dispute about child contact. One of the specific examples referred to in the Act is where there is a need for “addressing a person’s violent behaviour”.
The court may also attach contact activity conditions to a child contact order and there are provisions for monitoring and enforcing them. The court may provide for mediation between parents but may not require a person to take part in mediation. These parts of the Children and Adoption Act 2006 come into force on 8 December 2008.
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