Author: Simply.Law

It is an unavoidable truth that despite many years of lobbying, political discourse and, of course, limited but important legislative action, women still do not enjoy equal opportunity in the workplace.This is as true in the law as it is in any other profession, if not more so. Making a successful career as a lawyer or barrister is difficult enough, but combining it with life as a mother is especially problematic. In the vast majority of cases, women who combine a profession in the law with motherhood, must find a way to successfully marry the unpredictable nature of legal work…

Read More

The case of Green v Adams [2017] EWFC 24 serves as a useful illustration of the application of family law in regard to capital provision for children of parents who have separated and are no longer living together.The case was begun on 5 April 2013 when the mother of a 16-year old boy made plain her desire to seek an additional capital sum to pay for a replacement car, travel expenses for her child, and miscellaneous capital expenses, including a new laptop for the child, and for periodical payments. This claim was made under Schedule 1 of the Children Act…

Read More

There are many reasons why couples decide to draft pre or postnuptial agreements: to protect family property and inherited wealth, to address any major change in financial circumstances, or to set out parameters for potential settlement figures if one party’s wealth far outweighs that of the other at the outset.Fear of infidelity may not usually be spoken about openly as a motivation for couples drafting prenuptial and postnuptial agreements, but it is undoubtedly a factor for many who fear the pain, shame and betrayal of having their spouse embark on an extra-marital affair only to be then left with an…

Read More

A new-look divorce petition was unveiled this week, which will take effect from 7th August and be the only version used as of 4th September. The electronic version will not be available on Gov.Uk until 7th August and, therefore, any attempts to submit a petition using the new version before that date will be rejected by the Courts.The revised petition is obviously designed to ensure a smooth transition to the online divorce process, but it will also provide litigants with a much clearer and plainly worded document.  The new version is longer – some 15 pages to the previous eight;…

Read More

It is troubling that it’s possible that ministers may be giving some consideration to resurrect plans to increase probate fees by up to £20,000; despite these being quietly shelved due to the early General Election in May. This comes despite the fact that there has been very little in the way of appetite either from lawyers or the general public with regards to the move. Many believe the move flies in the face of British aspirational values while also hitting the pockets of hardworking families and threatening both the financial and emotional legacies of older generations. One disquieting thing remains certain, the government…

Read More

Returning to practice after a career break (yes, we’re mainly talking maternity leave, here) can feel a very stressful and dispiriting experience. Not only are careers in law extremely competitive and overly-subscribed, many firms are firmly stuck in the rigid and patriarchal past and fail to offer the kind of flexible working environments that reflect the twenty-first century environment we live in – a world in which both men and women work and it is (or at least should be) perfectly possible to combine a fulfilling and financially rewarding career with a rich and involved family life. Against this background…

Read More

Finalising your divorce can be a difficult, but also an exciting time, However, before you start planning the rest of your life, there are a few matters to take care of before you can well and truly move on from your previous marriage. 1 – Make a new Will. Your old Will should be changed if it refers to your former spouse, although any bequest to a former spouse will now automatically fail unless the Will makes it clear the provision is to last after decree absolute. Please also remember that if you remarry, any Will made before remarriage will…

Read More

In a recent case – T (A Child) [2017] EWFC 19 – Mr Justice Holman highlighted the previously unrecognised value of Facebook as a tool for tracing birth parents. The case involved the adoption application of a young boy; his birth father was aware of the proceedings and present in court, but the child’s birth mother had not been made aware of the proceedings as she’s a foreign national and was believed to be living abroad somewhere.However, the birth mother was traced just a few days prior to the hearing by way of a very simple search of profiles on…

Read More

New punishments introduced this week for drivers caught speeding in England and Wales have provoked a mixed reaction among police, press, speeding fine solicitors, motorists, and road safety groupsAlthough road safety groups have welcomed the new guidelines, some police officers and press commentators have expressed concern that the new regime will only increase the burden on the courts system. “By increasing the fines the likelihood is that people will think ‘hang on, I am going to make sure 100 per cent that the evidence stands up to scrutiny’ and challenge it in court,” Tim Rogers, Police Federation lead on pursuit…

Read More

The recent case of Briers v Briers [2017] EWCA Civ 15 concerned a woman who was successful in obtaining a share of the wealth her former husband had accrued after their divorce.Although the couple had been divorced for many years and agreed an informal settlement at the time, no financial consent order or other formal and legally binding agreement or court order was obtained at the time. This then meant that Mrs Briers could apply to the Family Court for a financial order some 10 years after the divorce was finalised. The detailThe two parties married in 1984, separated in…

Read More