Monday 30 June 2014

Free DNA tests used to help speed up Court proceedings

Free DNA tests are being provided to speed up resolution of disputes over the paternity of children, the justice minister Simon Hughes has revealed.

Because of the cuts to Legal Aid last year, family courts are being inundated with people who have no legal representation.  Arguments over who the father is can sometimes take up to 3 days, so a simple DNA test could speed up the process.  Pilot programmes in both Taunton and Bristol are providing DNA tests free of charge in an attempt to find out if this is a workable solution.

The pilots are also providing free hair tests - used to assess whether individuals have been abusing alcohol or drugs.  The purpose is, similarly, to provide clear answers to common allegations and avoid hours of costly legal arguments and delays.

If you don't have a lawyer to represent you, you're known as a 'litigant in person' and it's not uncommon to feel nervous, anxious and stressed without legal support at your side.  Lengthy legal arguments over who the father is and whether somebody is, or is not, taking drugs simply make the problem worse.

If you have to go to Court and don't have formal legal representation, remember that we offer an advocacy service - we'll come to Court with you and help you through what can otherwise be a stressful process.

Have a look at our advocacy page and contact us if you think we can help.

Monday 16 June 2014

Criminalisation of forced marriage becomes law today

Parents who force their children to marry in England and Wales could be jailed for a maximum penalty of 7 years under the new laws.

From today, forcing someone into marriage will carry a maximum seven-year jail term under the 2014 Anti-Social Behaviour, Crime and Policing Act.

It is now a criminal offence to use violence, threats or any other form of coercion for the purpose of causing another person to enter into a forced marriage.

The legislation followed a consultation published in December 2011 which sought views on how the new offence should be framed.

A forced marriage is described as one in which one or both spouses do not consent to the marriage but are coerced into it by physical, psychological, financial, sexual or emotional pressure.  This is different from arranged marriages where the parents may have arranged the marriage but both parties have consented to the union but can still refuse to marry if they choose to.

As the new law came into effect, the Home Secretary, Theresa May, said that forced marriage is "a tragedy for each and every victim".  She added that forced marriage is an "appalling practice" and that criminalising it would send "a strong message that it will not be tolerated".  It is already illegal in Scotland.

Monday 2 June 2014

Forty-somethings shy away from marriage

It seems that forty-somethings are turning their backs on marriage faster than any other generation, a recent study has shown.

In the last decade the number of people cohabiting rose by a third, except for people in their 40s for whom it rose by a staggering 70%.  The Office for National Statistics, who produced the study, point out that this coincides with the peak age group for divorce.

Family lawyers are saying this is the 'once bitten, twice shy' mindset because of the pain of divorce.

Married people are a minority group for the first time, accounting for only 48% of the population, whereas cohabitation has been increasing quickly.

If you'd like to read the original press piece on this report from The Telegraph, please click here