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Friday, March 20th, 2015
The Law Society have launched an animated advert about Wills as part of their consumer campaign.
The advert will run throughout March and April on and highlights the importance of having a will.
Andrew Caplen, Law Society president said,”Our latest campaign reminds the public that highly qualified,
Professionally trained Solicitors are the best people to speak to for legal advice. Using a Solicitor gives you the assurance that you are dealing with a professional who is properly regulated and insured. The growth of unregulated and do-it-yourself legal services means consumers are exposed to non-professional advice, which can be more of a hindrance than a help.”
The creative and highly visual campaign – which includes online media such ITV player, railway stations and bus adverts directs people to the “Find a Solicitor” service on the Law Society website.
View the advert here
Friday, March 20th, 2015
A ruling by the Supreme Court in Wyatt and Vince has emphasised the importance of finalising financial matters on divorce.
The appellant, Ms Wyatt, and the respondent, Mr Vince, were married on 18 December 1981, separated in 1984 and divorced in 1992. Since the court file had been mislaid it was not known what, if any, order had been made regarding financial provision, but the Court had no reason to believe that the wife’s financial claims had been dismissed. It is uncertain what level of financial settlement Ms Wyatt will achieve, but what is certain is that all financial matters should be dealt with at the time of divorce.
There are now a range of options open to separating couples to ensure that this is achieved. There will always be a place for the Court process, but separating couples should seek expert advice as to the appropriateness of taking that route and should consider the available alternatives:
A trained mediator helps couples talk about the issues that they are facing regarding the children and financial matters. The aim is to reach an agreement that provides security for the future. It is advisable that both parties instruct a family lawyer, who can provide advice during the process and to consider any final agreement reached to check that it is fair.
The parties, together with their own family lawyers, meet in the same room and discuss the same issues in order to reach an agreement.
The parties must enter into an agreement committing to the collaborative process and to negotiating until a resolution is found. There will usually be a number of meetings, depending upon the complexity of the issues involved. If necessary, external experts can be instructed, for example, in relation to pension sharing.
The parties agree to use an independent trained Arbitrator to decide particular matters of dispute and that they will abide by his, or her, decision.
This can take place directly between the parties, or can be with the help of a family lawyer, possibly via round table meetings. If negotiation is between the parties alone, it is important that they obtain advice to make sure that they both understand what the agreement means and that it is fair.
Whichever route is taken, the financial settlement should be embodied in a Court Order, binding on both parties, which will provide certainty and security going forward.
The Family Team at Cullimore Dutton can provide advice and assistance on all the legal issues surrounding divorce and separation. Contact us on 01244 356789.