Category Archives: Legal Considerations

Can’t afford your divorce proceedings? You could make your partner pay!

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As the legal community and the general public come to terms with the recent changes to Legal Aid 

and the shift towards mediation for matters involving children and finance matters on divorce and separation, a new provision has been introduced that offers a ray hope.

This new provision offers powers for the court to order one party to make a payment to fund the other party’s lawyers.

The court will have the power to order one party to a marriage to pay to the other (the applicant) an amount for the purposes of enabling that party to pay for legal advice and assistance.

These orders – which have been dubbed ‘legal services payment orders – can be made:

  1. in divorce, nullity or judicial separation proceedings to enable the applicant to pay for legal advice or
  2. for proceedings for financial relief in connection with divorce, nullity or judicial separation.

How does it work?

The new order may be for a single amount to be paid by the respondent to the applicant or in instalments that will need to be secured. The order can be obtained to cover legal services for all or part of the proceedings or to provide advice as to how law applies to the particular circumstances. The payment can also be sought to cover all or part of the costs in relation to the settlement or other resolution of the dispute. This would include processes such as family mediation, arbitration or collaborative law.

The order can also be sought in relation to legal advice regarding the enforcement of decisions within the proceedings or as part of the settlement or resolution of the dispute.

How does the court make its decision?

There a checklist of factors that need to be considered when applying for this type of order including income, earning capacity, property, assets, financial needs and obligations, the subject matter of the proceedings and whether the applicant has taken steps to avoid all or part of the proceedings by proposing or considering mediation etc.

An applicant will also be required to demonstrate that they have explored all other means of funding, without success, before the order is sought.

For more information about this type of order or any other family law matter, give us a call on 01392 421777 and arrange a free ½ hour appointment with one of our family law specialists.

Not the destination you had in mind for your Louis Vuitton luggage

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Earlier this week Scott Young, 51, was sent to prison after being held in “flagrant,” contempt of court for failing to provide information about his financial circumstances.

Mrs Young had applied for maintenance, both for herself and for their two teenage children, who live with her. After many, many hearings, the court decided that Mr Young should be required to pay an astonishing £27,500 per month! At this point many of you may be aghast at this figure but consider this- Mr Young is said to be worth somewhere in the region of £400,000,000! Arguably he is not the sort of man who needs to be counting the pennies.

Rather than pay up, Mr Young continued to deny his astonishing wealth, claiming to be bankrupt. Understandably, rather than simply taking his word for it, the court said “prove it” and ordered Mr Young to provide evidence of his poverty. Mr Young declined to do so.

At a hearing earlier this week Mr Justice Moor decided that Mr Young’s excuses for not complying with orders to disclose his financial circumstances were “absurd” and that one reply he had provided was “next to useless”. The Judge had clearly had enough and in true Monopoly fashion, sent Mr Young directly to jail.

Although many of us can only dream of having access to the incredible wealth that Mr Young is said to have, this case is a cautionary reminder that anyone involved in financial claims, before the family courts, must disclose their financial circumstances when asked to do so. It is a brave (or foolish) husband or wife who says “no”. There is a good chance that they too may find themselves packing their couture overnight bag in anticipation of spending a little time at Her Majesty’s pleasure.

Solicitor of the year joins specialist firm

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It has been an exciting 18 months of developments for Devon firm, Hartnell Chanot & Partners. The family law specialists have expanded their services from Exeter into nearby Plymouth and they have greatly increased their capacity to deliver their creative brand of family law service across each of their specialist practice teams. In return they have been rewarded for these efforts with a host of award nominations and industry recognition.

Just a week after being listed as a top tier firm in Legal 500, the leading directory for legal practitioners, Hartnell Chanot &Partners are proud to announce the latest addition to their ranks. Family Law Solicitor of the Year in 2011- Vanessa Priddis who will bring a wealth of experience and a nationally respected reputation to the firm.

Norman Hartnell, Director, commented: “We are absolutely thrilled to have Vanessa joining the firm, she is widely respected within the family law community and she will help reinforce our status as a leading player in the South West’s family law market.” He went on to say: “Vanessa will be adding valuable scope to our team of highly skilled and experienced care lawyers and support staff. It would be fair to say that we will have one of, if not the best, childcare team in the country.”

Vanessa qualified as a solicitor in 1987 having studied at Guildford College of Law. She quickly built up a reputation for acting for children and parents in all types of cases before the court. During her distinguished career Vanessa has specialised in international adoption, surrogacy and care proceedings. She has contributed widely to the development of family law practice, serving on the local Resolution committee, the National Law Society sub committee on Children Law, working as a member of the Exeter Family Court Users Group, lecturing for Jordans Family Law and sitting as a deputy district judge.

Hartnell Chanot & Partners are known for their creative, problem solving approach to family law; an approach that seeks to provide amicable resolutions to a wide range of family disputes and relationship breakdowns. This reputation and well-rounded approach was one of the key factors that attracted Priddis to the team.

Vanessa stated: “I am really delighted to be joining Hartnell Chanot & Partners as I see their approach and commitment to all areas of family law to include those that are legally aided as mirroring my own. The team has a wealth of talent which I am excited to work alongside.”

Co-op divorce: is a fixed fee £99 divorce the answer?

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The Co-operative supermarket chain, announced last week that it was launching a range of “family law products”, to include DIY divorce packages starting at £99 as well as prenuptial agreements and cohabitation agreements.

This isn’t a new phenomenon, in fact there are a number of law firms across the country that offer cheap, fixed-fee or no-fee divorce packages. Many of these packages including the Co-operatives’ cheapest solution, which works out to £503.50 including VAT and court fees, simply provide you with a step-by-step guide to administering your own divorce along with all of the forms that you will need to make it legally binding. For an additional fee you are, in most cases, also able to pay to have your documents checked by a legal professional or make individual appointments to discuss your case with a solicitor.

I am sure that, at first glance, this seems like a fantastic proposition, and if you are in a position where you have no children, no money, no assets (properties), no businesses and the break-up is amicable then this may indeed be a cost effective way for you to process your divorce.

However as a seasoned family lawyer, having dealt with more than 1,000 divorces, one thing has become abundantly clear to me- no divorce is ever the same. Everybody is different, our personal circumstances vary greatly and we all manage different situations in our own ways. It is therefore very difficult to make a ‘one-size-fits-all’ divorce solution work effectively. That principle is at the core of the many pitfalls that I can see with such packages.

The Pitfalls:

  1. You and your family may have unique and specific needs that exclude you from being able to utilise the fixed fee model.
  2. You may need access to a plethora of other services including:
    1. Mediation
    2. Counselling
    3. Child psychologist
    4. Debt advice
    5. Independent financial advice
    6. Actuarial advice (Pensions advice)
    7. Valuation advice
    8. Business/corporate advice
    9. Probate/wills advice

Proceeding with an online/DIY divorce without meeting with a solicitor to discuss your circumstances, could have a knock on effect that seriously impacts yours and your children’s lives in the future. At Hartnell Chanot & Partners we offer a FREE Initial Interview, to help you understand what services you are likely to need for your individual case.

  1. The Co-op pledges a transparent pricing structure and “no nasty surprises” ,while admirable and attractive to potential consumers, the prices quoted are likely to be blown out of the water once the additional hours of support are taken into account in more complicated cases.
  2. Having managed your own divorce, you may find out at a later date that an agreement you reached or a decision that you made has put you at a disadvantage. It may then be very costly, time consuming or even impossible to put this right.
  3. There is no percentage split or formulaic approach to divorce settlement in English Law. Determining a fair solution can be a very complex exercise that examines a number of factors particularly where children are concerned or where one party earns or has contributed more over the course of the relationship.
  4. There is a common misconception that once you divorce all opportunity for financial claims cease. This is in-fact not the case and you could end up facing a financial claim by your spouse years down the line against assets, income and pension provision that you had at the time or income, assets and pensions acquired after separation and divorce unless all matters are resolved in a legally binding manner.
  5. The paperwork associated with divorce, if you don’t fill it out on a regular basis, can be a very challenging process. At the core of this documentation is the Form E, a 29 page nightmare that can, depending on your circumstances, require hundreds of supporting documents.

If you really need to save money and you are set on DIY divorce the same forms that you are likely to get from the Co-op or any of the other DIY packages are available for FREE here www.courtservice.gov.uk and the Citizens Advice Bureau may be able to assist you with any queries or individual advice.

The reality is that a specialist family solicitor may be able to save you a significant amount of money in the long run. They will also be able to look at your situation and provide advice and guidance that is tailored to you, helping you to achieve the best possible outcome. At Hartnell Chanot & Partners we can provide a clear up-front personalised quote, before any work is carried out.

Whatever your circumstances, make sure that you choose a solution that helps you resolve these important, life changing issues completely and effectively so that you and your family can move on with your lives without any lingering stress or anguish.

Sun, Sea and…… Separation?

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With September just around the corner and the summer holidays starting to draw to a close, people the length and breadth of the UK are starting to reflect on the events of the last couple of months. The diamond jubilee celebrations, a Brit making the men’s final at Wimbledon, London 2012 providing the greatest British medal haul at an Olympic Games since 1908, the impossibly perplexing weather conditions of ‘the great British Summer’ and the highly anticipated annual family holiday.

Despite the overwhelming sense of joy and celebration that accompanied many of these events, for a great many people this period of reflection will result in one overwhelming conclusion.

They aren’t happy.

In a lot of cases, they aren’t happy with their relationship and the impact it is having on the rest of their life.

Perhaps that long awaited holiday, the one that was supposed to rejuvenate their relationship, failed to live up to expectations. Maybe despite being able to spend more time together with their partner, they still felt alone or isolated. The added strain of the summer holiday put too much pressure on parents who were desperately trying to balance all of the demands on their limited time, without the much needed support of their partners.

There could be any number of contributing factors. The end result however is the same.

The differences come when people try to decide what to do with this new found realisation. Some people will decide to suffer in silence, trying to embrace a belief that something may change; that things might get better. Others will seek out the services of an experienced relationship counsellor in an attempt to resurrect the relationship that they once had. Those that see no light at the end of the tunnel, no chance of improvement will opt for divorce.

For the last 21 years Hartnell Chanot & Partners, the family law specialists, have been helping individuals going through the full spectrum of relationship breakdowns. Rachel Buckley, Director, was keen to highlight that: ‘No matter what your circumstances, it is possible to find a solution that allows you to resolve your relationship breakdown and move on with your life. At Hartnell Chanot & Partners we have helped people with children, properties, businesses both married and unmarried alike, providing representation and arranging mediation services and counselling when required.’ She added: ‘The most important thing you can do is to talk to a professional and get some real advice to help you make this important decision.’

Hartnell Chanot & Partners, like many firms, offer a free 30 min consultation to help you understand the options that are available to you. So if you are struggling with your relationship and you want to know what your options are, contact a specialist.

A relationship unlike any other – Grandparent and Grandchild

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Four out of ten grandparents will lose contact with their grandchildren upon the breakdown of the parents’ relationship. So as a grandparent is there anything that you can do to ensure that you maintain contact with your grandchildren?

As everybody knows, when a relationship breaks down it is often difficult for those involved not to take sides, particularly when it is your son or daughter’s relationship. This often then creates difficulties with regard to maintaining contact with your grandchildren, particularly when tensions are running so high. In these circumstances it just may not be possible to have constructive conversations amongst yourselves about contact with your grandchildren.

If this is the case then is there anything you can do? 
Well just like when parents have a dispute regarding contact with their children they may attend mediation to try and reach an agreement, without having to take any matters to Court. This is a possibility for you as grandparents as well, whereby an independent mediator will try and help you reach an agreement with the parents to enable you to maintain contact with your children. However if these discussions break down what do you do next?

Unlike parents who can make an application to Court to have contact with their children, grandparents must first obtain permission from the courts prior to making any application for contact. To some this seems wrong given the fact that step parents have an automatic right to apply for contact without having to apply for permission. However despite several recent highly publicised campaigns to have this extra step for grandparents removed, it does currently remain.

So is this permission difficult to obtain?

Don’t be disheartened, this extra step of seeking permission should not discourage grandparents from pursuing contact with their grandchildren. It is not a significant hurdle to obtain permission from the Court, providing your application is of a genuine nature. As a grandparent you will need only to show that you have a meaningful and important connection with a child. If you have been a regular figure in your grandchild’s life and have had regular involvement with them then this will usually be relatively easy to demonstrate. Once this permission is obtained you are then able to make an application to the Court to have contact with your grandchildren, in the same way as a parent can.

The Court fully recognises the important role that grandparents play in children’s lives. Despite the extra hurdle grandparents currently face, it is hoped that you will not be discouraged from taking steps, if necessary, to ensure that you are able to maintain that nurturing and special relationship with your grandchildren. A relationship which is unlike any other.

If you would like to learn more about your rights as grandparents and the options open to you, why not attend our Grandparents’ Association Regional Conference.

Don’t get caught out of pocket following a divorce!

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It is a common misconception that once you have divorced and obtained your decree absolute, then all matters between you and your formal spouse come to an end. Unfortunately this is not the case. A Decree Absolute, which dissolves marriage, does exactly that, it just ends the marriage. The financial aspect of a divorce is a completely separate issue, not covered by the Decree Absolute, and therefore unless you take the necessary action to protect your finances you could be leaving yourself open to a whole variety of claims in the future from your ex spouse.

Often people who have very few or no assets at the time of their divorce fall into this trap, believing that they do not need to take any action in relation to their finances, because there isn’t anything available at the time.

What many people do not realise is that your Decree Absolute does not dismiss the financial claims which your former spouse could bring against you! This means that, in the future, your ex-spouse could at any time issue a financial claim for a share of any money, or assets which you have, including anything which you have subsequently inherited, or if your lucky enough won, such as a lottery winning!!

Is this unfair? Well perhaps, but unfortunately that is the position of the law.

So how do you get around this? Naturally nobody’s circumstances will ever be the same and the advice you are given will obviously depend on the assets which are involved in your specific case. However upon a divorce you may be advised to obtain a Clean Break Order. This Order effectively draws a line under your finances with your ex spouse, meaning that all future financial claims that your ex spouse could bring against you are dismissed.

Whether a clean break is suitable for your case will depend on a number of factors, and that is why it is essential that you obtain legal advice to ensure that you take the most appropriate action to protect you and your finances upon your divorce.

It could prove to be money well spent!

Hartnell Chanot Welcomes Consultation on Parental Contact Following Separation

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Hartnell Chanot & Partners has welcomed the government’s consultation, announced yesterday, on plans to ensure that children continue to see both parents after a separation or divorce.

The proposed changes to the Children Act 1989 will seek to ensure that both parents’ roles are recognised and that there is no discrimination between parents. The proposals do not recommend an equal sharing of time after parents’ separation but place emphasis on the quality of the time that each parent has with the children, and that unless there are real safety or welfare concerns, the usual expectation will be that the children can spend quality time and retain a good relationship with both parents.

The consultation will also look at how to toughen sanctions to enforce breaches of court orders regarding care arrangements.

Commenting on the consultation Norman Hartnell, Director said: “We are pleased to see that the government is looking at ways to improve the system in the best interests of children. Many of our clients face child contact issues and it is extremely distressing for both the parent and the child when one parent is unreasonably denied access to their own children. Provision has to be made of course to protect children from harm where that has occurred, and that will not change. We hope however that the emphasis on purely punitive sanctions will give way to greater encouragement to solve problems, to enable parents who are in the midst of their own emotional turmoil to place their children’s needs uppermost in their minds.”

He added: “In dealing with such difficult situations the children’s interests need to be put at the centre of any arrangements. This is our fundamental approach and it would appear that the government is taking the same direction with this consultation.”

The consultation closes on Wednesday 5 September and can be accessed here.

A Tale of Two Daddies

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Many of you may have seen Eastenders on the evening of the 19th January 2012. Eastenders scriptwriters have a great way of interweaving contrasts to make their point.

This episode saw the yearning of a loving father being reintroduced to his son after five years of separation. Both delighted in playing with his toys melting the heart of a stony hearted mum.

Meanwhile on the other side of the square a son longing for his dad’s approval and love was humiliated and rejected by his father who in turn humiliated and rejected him.

Nothing stirs the emotions like the bond between a parent and child, love and rejection.

We see this time and time again when fathers who have not had contact with their children for some time finally are given the opportunity of re-establishing their bond together.

Fathers who find themselves in a situation where they are not having contact with their children on a regular basis do need help and guidance. There are a number of useful support groups and advice centres for fathers and links to these can be found throughout our website or by clicking here.

For dad’s finding themselves in this position it is essential that they obtain good quality legal advice as soon as possible.

Seeking legal advice can clarify what a dad’s options are and ensure that the actions that they take to regain contact will be appropriate and not unsettle what is already a delicate situation.

Our website is full of free legal and practical advice for dads. We welcome the opportunity to help dads in this position to re-establish contact. We can speak to dads over the telephone or Skype or in person at either of our offices in Exeter or Plymouth.

Just Dads: Parental Responsibility

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In England and Wales Parental Responsibility for a child is defined in the Children Act 1989 as “all the rights, duties, powers, responsibilities and authority which by law a parent has in relation to the child and his property”.

Having Parental Responsibility for a child enables a parent to make day-to-day decisions in respect of their child and the right to be consulted, about matters such as education, religion and medical treatment. Any parent with Parental Responsibility can also, for example, object to any change of a child’s name.

Who has parental responsibility?

When a child is born the mother automatically has Parental Responsibility . The father does also but only if he was married to the mother at the time of the child’s birth or subsequently marries the mother. If the father is unmarried, he automatically has Parental Responsibility for the child if the child’s birth is registered after the 1 December 2003 and the father’s name is on the child’s birth certificate.

Will you lose parental responsibility if you get divorced?

No – you do not lose Parental Responsibility if you get divorced; you will carry on being the child’s full legal father whether or not the child lives with you.

Unmarried Fathers

If your child’s birth is registered before the 1 December 2003, you do not have Parental Responsibility, even if you are named on the birth certificate as the father. In fact unmarried fathers have no legal rights or status whatsoever, other than a duty to pay the Child Support Agency following an assessment of means.It is recommended that unmarried fathers acquire Parental Responsibility giving them the same rights in the decision making process relating to bringing up the child as enjoyed by married fathers.

This can be obtained in the following ways:

  1. By the mother agreeing to and signing a Parental Responsibility Agreement. This is then lodged with the Principle Registry of the Family Division in London.
  2. By the father obtaining a Parental Responsibility Order by an application being made to the court.
  3. By the father obtaining a Residence Order which would automatically grant him Parental Responsibility.
  4. By marrying the mother.