It can't have escaped your attention that there is a General Election looming. Labour (if it wins) has pledged to review the way the Child Maintenance Service is working.
Child maintenance is financial support towards your child’s everyday living costs when you’ve separated from the other parent. You and your ex-partner can arrange child maintenance yourself if you can agree. This is called a ‘family-based arrangement’, it is a private way to sort out child maintenance with the parents arranging everything themselves and where no-one else has to be involved. The Child Maintenance Service is for when you and the other parent can’t agree to a family-based arrangement.
Gingerbread, which offers advice to and campaigns for single parents, has welcomed Labour's pledge.
Gingerbread Chief Executive Fiona Weir said:
"We welcome Labour's commitment to carry out an immediate review of the new Child Maintenance Service and its system of charging.
"Getting regular child maintenance payments can make a huge difference to children, but less than half of separated families have any arrangement in place."
Child maintenance is something that we are involved in through our Family Department. If you have any concerns or worries in this area, do please get in touch with us. Remember that we offer FREE advice in our weekly clinics on Thursdays in Cowbridge, so you can just come and pick our brains. Give us a ring on 01446 774151 to reserve your place in the clinic, or email me
Monday, 13 April 2015
Tuesday, 10 March 2015
In sickness and in health?
Research recently published in the Journal of Health and Social Behaviour seems to indicate that husbands are more likely than wives to seek divorce if their partner falls sick.
Although most marriage vows promise to love ‘in sickness and in health’ it seems that this isn’t always the case.
Promising at the altar to have and to hold your loved one, in sickness and in health, may seem like a straightforward pledge.
After tracking 2,700 couples in the US from 1992 to 2010, the American team who completed the study found that divorce levels were roughly the same between healthy couples and those in which the husband suffered sickness.
But when it was the wife who became ill, the likelihood of divorce rose.
There may be various reasons for this:-
One party being ill isn’t grounds for divorce, but the changes in behaviour that arise during or after illness may well mean that the marriage is never the same again.
A good reason to keep healthy, methinks!
Although most marriage vows promise to love ‘in sickness and in health’ it seems that this isn’t always the case.
Promising at the altar to have and to hold your loved one, in sickness and in health, may seem like a straightforward pledge.
After tracking 2,700 couples in the US from 1992 to 2010, the American team who completed the study found that divorce levels were roughly the same between healthy couples and those in which the husband suffered sickness.
But when it was the wife who became ill, the likelihood of divorce rose.
There may be various reasons for this:-
- Financial - if the wife was also earning, suddenly there is a strain on finances so the split then becomes about money, not sickness.
- Men maybe aren’t so good at being the carer - and maybe the wife realises that she can’t rely on her spouse like she thought she could.
- Some men simply can’t cope when their wife gets very seriously ill - they may stop working and earning and this will change the relationship.
- If the wife has been ill and recovers, the dynamic in the marriage has changed. I know of one colleague who was very unwell and her husband liked being the breadwinner, the sole provider, and having a quiet compliant wife. When she got better and found her voice again, he didn’t much like the ‘new improved version with opinions’ and the marriage fell apart.
One party being ill isn’t grounds for divorce, but the changes in behaviour that arise during or after illness may well mean that the marriage is never the same again.
A good reason to keep healthy, methinks!
Monday, 2 March 2015
Get a job!
A landmark ruling last week has perhaps ended the expectation that women can stay home indefinitely and be supported by former husbands.
The case, heard in the Court of Appeal, was between Tracey Wright, a 51 year old mother of two and her former husband, millionaire horse vet Malcolm Wright, now 59. Last year in the divorce settlement Tracey Wright was awarded a £450,000 mortgage-free house and £75,000 a year to cover maintenance and private school fees.
However, Mr Wright took the settlement to appeal, worried that he might not be able to continue to fund this lifestyle once he retires, whilst she made 'no effort whatsoever to seek work'.
Lord Justice Pitchford, sitting at the Court of Appeal, told Mrs Wright to 'just get on with it' and get a job, like 'vast numbers of other women with children'. He also made it clear that women with 'children over the age of 7' should all make the effort to work.
This ruling will undoubtedly be replicated in courts across the country, and it is expected that a number of ex-husbands will return to court to reduce or cancel their existing maintenance orders. It is of no matter that the parties in this case were millionaires - the ruling will filter down to you and I too.
If you are currently supported by an ex-partner and feel you may be affected by this, do get in touch. Remember we have a FREE weekly clinic now so that you can come and find the advice you need without having to part with a penny. Call 029 2039 5888 for more details.
The case, heard in the Court of Appeal, was between Tracey Wright, a 51 year old mother of two and her former husband, millionaire horse vet Malcolm Wright, now 59. Last year in the divorce settlement Tracey Wright was awarded a £450,000 mortgage-free house and £75,000 a year to cover maintenance and private school fees.
However, Mr Wright took the settlement to appeal, worried that he might not be able to continue to fund this lifestyle once he retires, whilst she made 'no effort whatsoever to seek work'.
Lord Justice Pitchford, sitting at the Court of Appeal, told Mrs Wright to 'just get on with it' and get a job, like 'vast numbers of other women with children'. He also made it clear that women with 'children over the age of 7' should all make the effort to work.
This ruling will undoubtedly be replicated in courts across the country, and it is expected that a number of ex-husbands will return to court to reduce or cancel their existing maintenance orders. It is of no matter that the parties in this case were millionaires - the ruling will filter down to you and I too.
If you are currently supported by an ex-partner and feel you may be affected by this, do get in touch. Remember we have a FREE weekly clinic now so that you can come and find the advice you need without having to part with a penny. Call 029 2039 5888 for more details.
Monday, 23 February 2015
Grandparents' access to grandchildren
Often the people who lose out most in a separation are the grandparents. They haven't been involved, they're not in the divorce, but they can be left unable to see their grandchildren.
This week Simon Hughes, the Justice Minster, has confirmed in a written parliamentary answer that last year there were seven applications a day by grandparents for a court order to see a grandchild after the divorce or separation of the child's parents.
In law, grandparents sadly have no automatic legal rights. It would be possible to seek permission to apply for a Contact Order to see the grandchildren, but this in itself would have to be put before the court. If successful, a Contact Order can then be sought, in which it could be stipulated how often the grandparents would have direct contact (e.g. visits) and indirect contact (e.g. letters, videos etc). The courts are mindful of the positive impact grandparents can have on children, but are also unwilling to cause further disruption to family relationships.
Legal Aid is no longer available for grandparents, so many just walk away and lose contact. However, we are able to help and it needn't cost the earth.
If you are a grandparent who feels they are losing, or have lost contact with a grandchild, do give us a ring. We now have a weekly clinic where you can ask for FREE advice to do with families, children, separation and divorce. We really can help. Ring us on 029 2039 5888 for further details.
This week Simon Hughes, the Justice Minster, has confirmed in a written parliamentary answer that last year there were seven applications a day by grandparents for a court order to see a grandchild after the divorce or separation of the child's parents.
In law, grandparents sadly have no automatic legal rights. It would be possible to seek permission to apply for a Contact Order to see the grandchildren, but this in itself would have to be put before the court. If successful, a Contact Order can then be sought, in which it could be stipulated how often the grandparents would have direct contact (e.g. visits) and indirect contact (e.g. letters, videos etc). The courts are mindful of the positive impact grandparents can have on children, but are also unwilling to cause further disruption to family relationships.
Legal Aid is no longer available for grandparents, so many just walk away and lose contact. However, we are able to help and it needn't cost the earth.
If you are a grandparent who feels they are losing, or have lost contact with a grandchild, do give us a ring. We now have a weekly clinic where you can ask for FREE advice to do with families, children, separation and divorce. We really can help. Ring us on 029 2039 5888 for further details.
Monday, 16 February 2015
Revenge porn now a criminal offence.
Following on from my blog of last week, revenge porn is now a crime. A new clause in the Criminal Justice and Courts Bill, which obtained Royal Assent last week, specifically forbids "Disclosing private sexual photographs and films with intent to cause distress". It carries a maximum jail sentence of two years - up from six months under other laws previously used to prosecute revenge porn offenders.
However, some things haven’t been tackled - as even if the legislation punishes the perpetrators, it doesn’t help remove the images from the internet. A new government helpline for revenge porn, also launched last week, will offer legal advice on how to remove pictures and may get closer to the heart of the problem.
With the speed and reach of the internet today, the effects of revenge porn on the victim can be devastating - with images shared with family, friends and work colleagues.
If you have been, or fear you might be, the victim of revenge porn then do get in touch with us. Sally Fitzherbert in our Family Law team will be happy to help you.
However, some things haven’t been tackled - as even if the legislation punishes the perpetrators, it doesn’t help remove the images from the internet. A new government helpline for revenge porn, also launched last week, will offer legal advice on how to remove pictures and may get closer to the heart of the problem.
With the speed and reach of the internet today, the effects of revenge porn on the victim can be devastating - with images shared with family, friends and work colleagues.
If you have been, or fear you might be, the victim of revenge porn then do get in touch with us. Sally Fitzherbert in our Family Law team will be happy to help you.
Monday, 9 February 2015
Helpline launched for victims of revenge porn
Revenge porn is when people upload explicit photos and videos of their ex-partners online without their consent. Now a revenge porn helpline has been launched to give victims legal advice and information on how to get images taken down.
The idea behind it is to encourage victims to come forward and talk about what's happening confidentially.
Folami Prehaye, the founder of a revenge porn support website - who was a victim herself - says something like this would have helped her massively at the time.
"I felt isolated and embarrassed by what had happened to me," she explains.
"If there had been a helpline around at least I could have talked to someone in confidence."
The National Stalking Helpline, Women's Aid and the UK Safer Internet Centre all say the problem's become more common, with a rise in the number of complaints.
Figures obtained by the Press Association in September 2014 showed girls as young as 11 had been victims of revenge porn.
The majority of the people posting the images were male, with their subjects usually being young females.
Some shared images - sometimes recorded during the relationship - with the victims' family and friends, while others used the footage to blackmail them.
"I set up my website to offer support to victims who made contact with me, and to encourage other women to come forward," says Folami Prehaye. "Now this helpline will help everyone that needs support and advice."
If you have been a victim of revenge porn and need legal advice, talk to Sally Fitzherbert in our Family Team.
The idea behind it is to encourage victims to come forward and talk about what's happening confidentially.
Folami Prehaye, the founder of a revenge porn support website - who was a victim herself - says something like this would have helped her massively at the time.
"I felt isolated and embarrassed by what had happened to me," she explains.
"If there had been a helpline around at least I could have talked to someone in confidence."
The National Stalking Helpline, Women's Aid and the UK Safer Internet Centre all say the problem's become more common, with a rise in the number of complaints.
Figures obtained by the Press Association in September 2014 showed girls as young as 11 had been victims of revenge porn.
The majority of the people posting the images were male, with their subjects usually being young females.
Some shared images - sometimes recorded during the relationship - with the victims' family and friends, while others used the footage to blackmail them.
"I set up my website to offer support to victims who made contact with me, and to encourage other women to come forward," says Folami Prehaye. "Now this helpline will help everyone that needs support and advice."
If you have been a victim of revenge porn and need legal advice, talk to Sally Fitzherbert in our Family Team.
Monday, 2 February 2015
Clare's law used over 1300 times in last year
Clare's Law - named after Clare Wood, who was murdered by her ex-boyfriend in 2009 - came into force across England and Wales in March 2014.
At least 1,335 disclosures have been made so far, police figures obtained by the Press Association show.
Miss Wood's father said he was "quietly delighted" the law was being used.
The figures, released following Freedom of Information requests, show there have been at least 3,760 applications under the law so far - resulting in the 1,335 disclosures. The true totals are likely to be higher, as three police forces did not release their statistics.
The figures include both "right to ask" cases - where information was requested - and "right to know" - where police warn potential victims without being asked to do so.
Clare's Law was rolled out in March last year, following a 14-month pilot in Gwent, Wiltshire, Nottinghamshire and Greater Manchester.
Outside the four forces involved with the pilot, Lancashire had the highest number of disclosures at 146, while Norfolk had the lowest, with five.
The police figures show variation between forces in terms of the likelihood of requests being granted - more than 60% of requests in Greater Manchester led to information being released, compared with 11% in Merseyside. Hazel Blears, Labour MP for Salford and Eccles, said this suggested the law was being "applied in different ways". She also said "I will be writing to the home secretary to ask what is being done to review its use and ensure best practice is shared across the country and the right decisions are made.”
Under Clare's Law, otherwise known as the Domestic Violence Disclosure Scheme, men and women can request information about their partner, or third parties such as friends or relatives can make requests if they are "concerned".
Police and other agencies including social services then consider whether releasing information on someone's past is "necessary, lawful and proportionate" to protect someone from their partner.
Reasons for information not being released include a partner not having a record of abuse offences, or there being no "pressing need for disclosure" based on the information found.
Clare's Law does not apply in Northern Ireland, while a pilot scheme is being run in Scotland.
For the full story from BBC news, click here
At least 1,335 disclosures have been made so far, police figures obtained by the Press Association show.
Miss Wood's father said he was "quietly delighted" the law was being used.
The figures, released following Freedom of Information requests, show there have been at least 3,760 applications under the law so far - resulting in the 1,335 disclosures. The true totals are likely to be higher, as three police forces did not release their statistics.
The figures include both "right to ask" cases - where information was requested - and "right to know" - where police warn potential victims without being asked to do so.
Clare's Law was rolled out in March last year, following a 14-month pilot in Gwent, Wiltshire, Nottinghamshire and Greater Manchester.
Outside the four forces involved with the pilot, Lancashire had the highest number of disclosures at 146, while Norfolk had the lowest, with five.
The police figures show variation between forces in terms of the likelihood of requests being granted - more than 60% of requests in Greater Manchester led to information being released, compared with 11% in Merseyside. Hazel Blears, Labour MP for Salford and Eccles, said this suggested the law was being "applied in different ways". She also said "I will be writing to the home secretary to ask what is being done to review its use and ensure best practice is shared across the country and the right decisions are made.”
Under Clare's Law, otherwise known as the Domestic Violence Disclosure Scheme, men and women can request information about their partner, or third parties such as friends or relatives can make requests if they are "concerned".
Police and other agencies including social services then consider whether releasing information on someone's past is "necessary, lawful and proportionate" to protect someone from their partner.
Reasons for information not being released include a partner not having a record of abuse offences, or there being no "pressing need for disclosure" based on the information found.
Clare's Law does not apply in Northern Ireland, while a pilot scheme is being run in Scotland.
For the full story from BBC news, click here
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