Is a divorce my only option?
By our Middlesbrough Divorce Solicitor;-
In today’s society, people who are experiencing matrimonial problems do not necessarily think about contacting a Divorce Solicitor straightaway for legal advice. Many do not want to finalise the end of the marriage by racing down the route of divorce and there are other options.
That’s why at Paul J Watson Solicitor in Middlesbrough, we offer a free 30 minute consultation with a Divorce Solicitor, who can talk to you about the areas of divorce or separation which worry you the most. We can provide practical legal advice relating to marriage counselling and refer you to Family Mediation specialists, who are experienced in trying to resolve matters which may have had an impact as to your feelings towards your spouse. This may resolve matters or perhaps sadly deepen your wish to end your marriage. If the latter is the case, our Divorce Solicitor can guide you through the divorce procedure required to legally dissolve your marriage.
In addition, you may wish to contact our Divorce Solicitor in relation to separating from your spouse. Perhaps you are worried as to the financial implications of separation. We can advise you in relation to the possibility of a Separation Agreement and also any welfare benefits that you may be entitled too.
You may have concerns regarding your rights to your children. Matters which may arise include; Contact, what level should parents expect? Can I take my child on holiday? My spouse won’t allow me contact, what can I do? In addition, child maintenance is also a concern for both parents, which our Divorce Solicitor can fully advise on.
Whatever the issues, our Divorce Solicitor aims to resolve matters as amicably as possible, reducing the stress and the cost to you.
Contact our Middlesbrough Divorce Solicitor, Stacey Phoenix, for further legal advice on divorce, separation, matrimonial problems, child contact, child maintenance and financial matters (ancillary relief).
Court of Protection Applications
The Court of Protection (COP) assists in protecting the financial affairs of people who do not have the mental capacity to do so themselves. If the person did not make provisions by creating a Lasting Power of Attorney or an Enduring Power of Attorney, then an application will need to be made to the Court of Protection for a Deputy to be appointed. A Deputy could be a family member, friend or professional and they must be over the age of 18.
The Deputy will have to provide medical evidence to the court to prove that the person to whom the application relates has indeed lost their mental capacity. This is done by sending a standard COP form to the doctor of the person for completion. If the court agrees that the person lacks capacity, an order will be granted appointing the Deputy and this will also set out the authority given to them by the COP together with the limitations.
The court fee payable for the application at the time of writing is £120.00 and the payment must be made by the person seeking to be appointed as a Deputy from the funds of the person to whom the application relates. This fee is for the placement of the Deputy’s name on the Register and for the court to carry out a risk assessment. There will thereafter be supervision fees payable to the court annually. The court will decide what level of supervision is required and allocate the matter accordingly. You should also note that there may be a doctor’s fee to pay, together with the solicitor’s fee. The solicitor’s fee is fixed by the court and it is payable when the Court Order is made.
As a Deputy, you must carry out your duties and adhere to the principles set out in the Mental Capacity Act when making decisions and you must ensure that you act in the best interests of the person to whom the application relates. You are under an obligation to provide a yearly account to the court; therefore you must ensure that you keep accurate records of all your dealings in respect of the financial affairs of the person on whose behalf you are acting.
Please contact us here at Paul J Watson, Solicitor in Middlesbrough for Court of Protection applications. We will be able to answer any of your questions and assist you in the making of your application.
You can also visit the Court of Protection’s website at http://www.publicguardian.gov.uk/decisions/deputy-roles-responsibilities.htm and http://www.publicguardian.gov.uk/about/court-of-protection.htm for further guidance.
Lasting Power of Attorney & General Power of Attorney Explained
We at Paul J Watson Solicitors understand that people worry about the future and the uncertainty that it brings and we hope to assist you in planning ahead, should you become ill or incapable of making decisions concerning your affairs.
Powers of Attorney are important tools which assist should the above circumstances arise. The Law in relation to Powers of Attorneys changed on 1st October 2007 and Enduring Powers of Attorney (EPA) can no longer be made or altered, although existing ones made prior to the change in the law are still valid and are capable of registration. You can revoke an existing Enduring Power of Attorney but you will not be able to create a new one.
The new form of Power of Attorney is the Lasting Power of Attorney (LPA); this has now been divided into two separate documents. The Property and Financial Affairs which allows the donor to choose the people whom he/she wishes to make decisions on his/her behalf in relation to their property and monetary matters and the Health and Welfare LPA, which allows the donor to choose who will act in relation to his/her health i.e. medical needs, where they would live in the future etc.
The forms give the donor the opportunity to have one or more attorneys together with one or more replacement attorneys should your original attorneys become incapable of acting. The donor can also lists the number of people whom he/she would like to be notified when the document is eventually registered at the Office of the Public Guardian.
There is a major change to the new LPA; this is the requirement to have a Certificate Provider. A Certificate Provider is someone who is independent and who confirms that the donor understands the significance of the LPA. This person must have known the donor for two years or have the relevant professional skills; therefore the donor’s doctor or solicitor can be a Certificate Provider. If the donor has chosen to give notice of the registration on the LPA form, then only one Certificate Provider is required, however, if there are none, then two Certificate Providers will be required.
If you require a Power of Attorney in the short term, we can assist you with the preparation of a General Power of Attorney (GPA). This kind of Power of Attorney is valid for 12 months and would be beneficial if you live or work abroad or you are unable to make decisions due to unforeseen circumstances and you would like to appoint someone else to do so on your behalf whilst you are away.
The current fee for the registration of an existing EPA is £120 and for the LPA is also £120 for the registration of each LPA document. You can find further information on the Office of the Public Guardians website at http://www.publicguardian.gov.uk/arrangements/arrangements.htm .
A GPA does not require registration.
Contact Paul J Watson Solicitor Middlesbrough for straightforward legal advice on Lasting Power of Attorney and General Power of Attorney.
Outline of the Divorce Process from our Family Law Solicitor
Getting divorced? Contact Middlesbrough Solicitor Paul J Watson for assistance.
We appreciate that this process can be daunting and quite understandably causes some distress and anxiety, that is why it is important that you are guided and assisted through it.
There are stages which must be completed before a marriage is dissolved, we hope that this guide will give you a general overview of the process.
There is only one ground for divorce and that is that the marriage has irretrievably broken down. This will then need to be proved by one of the five facts, namely:- adultery, unreasonable behaviour, desertion, two years separation with consent and five years separation without consent. You must have been married for a year before you can bring a petition for divorce.
The divorce petition is drafted and forwarded to the Court together with the Court fee of £300.00, your original marriage certificate and a form titled Statement of Arrangements for Children (if there are any children of the family). This form sets out what arrangements will be made in respect of the children, where they will live, any contact arrangements, their school etc. and the petition is then issued and given a matter number in order to assist the Court in identifying the matter when enquiries are made.
The Court then forwards the petition to your husband/wife and they will be given seven days from receiving the papers to acknowledge service. Your husband/wife will need to complete and return the Acknowledgement of Service to the Court.
Please note that if your husband/wife wishes to defend the petition, they must do so within 28 days of receiving the divorce petition.
The Court will forward a copy of the Acknowledgement of Service to you or your Solicitor and then an Affidavit will be prepared on your behalf which is a sworn statement proving the contents of the divorce petition. The Affidavit can be sworn at no cost at the Court or before another Solicitor for a small fee.
The Affidavit is then filed at Court together with a request for a date for the pronouncement of the Decree Nisi which is the first stage of obtaining the divorce.
After the pronouncement of the Decree Nisi, there is, in accordance with the law a minimum of six weeks from the date of the Decree Nisi for the marriage to be dissolved by the pronouncement of the Decree Absolute. The same principle applies to the dissolution of Civil Partnerships.
You may be eligible for Legal Help to assist with your divorce and you may also apply for a fee remission or fee exemption in respect of the Court fees but this is also subject to eligibility.
If we can be of assistance to you, please contact our Divorce Solicitor, Stacey Phoenix, who will be happy to help.
What is a Land Charge Search?
This search is undertaken shortly before completion takes place to ensure that no financial charges have been registered against the property which have not been disclosed by the seller.
The significance of this issue is that any such financial charges must be paid off by the seller on completion. The object of the search is therefore to protect the buyer and the buyer’s mortgage lender. The latter requires that it should have the first registered financial charge against the property.
This search is undertaken in every case, whether or not you are buying with the benefit of a mortgage.
What is a Flood Search?
According to a recent article published in the Law Society’s Property in Practice magazine, currently 2.2 million homes in the UK are classed as being at flooding risk (equal to 1 in 10 homes).
The GroundSure Flood Report is a risk screening report designed to provide an overview of whether a property lies within an area of potential or previous flood risk. The data also takes into account flood defences and historic claims.
Living in a high risk flood area may decrease the value of your property and affect your insurance premiums.
Free flooding information is available to homebuyers at www.homecheck.co.uk and will indicate whether the property is situated in a likely flooding area.
This is only the most basic information and it would be prudent to have a flooding search undertaken on the property when buying a house.
The cost of this search and further advice regarding undertaking it can be provided upon request.
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