Bird-nesting

http://www.telegraph.co.uk/women/family/birds-nest-custody-the-smart-new-way-to-divorce/

Interesting concept…not for every situation with separated parents but one to consider

that might help reduce disruption in the chilld/childrens lives,which is always good.

Gary Lineker is going through the friendliest divorce ever

Gary Lineker and Danielle Bux might have called time on their marriage, but not on their friendship. Only two weeks after being granted a divorce, the pair had a raucous dinner with friends in LA.

In his column for Event magazine, Piers Morgan wrote, “They genuinely are still great friends, and have managed to separate with the kind of maturity, decency, intelligence and mutual solicitousness for each other’s welfare that all the warring couples of the world should seek to emulate.”

Read the full article here.

Contact me to talk about how you can come to an amicable agreement and save yourself a lot of time, money, stress and heartache.

‘Divorce Month’ January is not a media myth

Staff at a leading family charity say the idea January is “Divorce Month” is alive and kicking after calls to its specialist helpline and website visits went through the roof in the first two weeks of 2016.

Statistics from National Family Mediation (NFM) show that whilst visits to www.nfm.org.uk had reached an all-time high in January 2015, this month’s figures have so far seen an increase of some 40 per cent even over last year’s peak. And calls to the charity’s 0300 4000 636 dispute resolution hotline have risen in January by 26 per cent compared with a year ago.

“Our analysis shows the idea that January is “Divorce Month” is no media myth, but a proven phenomenon,” says Jane Robey, NFM’s Chief Executive.

Read the full article here.

Wills and Lasting Powers of Attorney

 

For all our Wills, including more complicated Wills, like Trust Wills or a LPA, I will discuss your wishes and requirements and then quote you a fixed price upfront. Once I have provided you with a written quote for the agreed work, that price will not change.

A Will is not expensive [from £150] and the consequences of not doing it can be an intestacy if there is no Will or the  Court of Protection if there is no LPA and you become mentally incapable. In both cases there is further unnecessary extra worry and expense for your family.

 

The media-reporting family proceedings.

 

I am sometimes asked to what extent the media can report financial remedy proceedings. A recent case in the High Court has decided that media reporting should be restricted and such proceedings heard in private.

The current rules essentially permit journalists to attend the hearing held in private without access to the documents. If you are famous, your identity and the fact that you are going through financial remedy proceedings may be reported! Often this information is already out in newspapers. Mr Justice Mostyn has concluded in a recent case that the media’s role is strictly as a watchdog. It is very much for the judge to decide as to whether your names should be made anonymous!

 

 

Representing yourself can be risky!

It is tempting to seek to avoid legal fees and represent yourself. Beware the case of Mr Veluppillai, (“V”) who represented himself against his wife in divorce proceedings. Not only did V fail to save himself money but landed up with a costs order against him of £150k. The judge found his wife’s proposals eminently sensible. V caused there to be 30 court hearings and ended up assaulting his wife’s barrister and fled the country!

When you go to court it means engaging in a battle; starting a fight. Sometimes people lose perspective in their desire to win. However, there is no winner here. The bottom line is that thereis always less money available to divide between the separating couple at the end of the day and immense bad feeling between them.

Another approach is family mediation. In mediation we start from the place where separating couples say “It went wrong. We can’t put it right. But by blaming and punishing nothing is mended. Let’s work together to build workable futures for us both”.

Yes, this is hard work. But a lot less stressful than fighting and cheaper than the £150k that V will be handing over to his ex-wife’s lawyers.

Only 1 in 3 Britons make a Will-so what is the cost of dying intestate?

Statistics show that only 3 in 10 Britons have a Will and in 2011 the Treasury coffers  gained a massive £53 million because of this.So why would so many people take such a risk by not having a Will?  Perhaps its because there are many misconceptions, such as thinking everything will automatically go to your spouse or children when this is not always the case, or that it’s too expensive to make, or simply intending to make a Will but not getting round to it.

1.So why make a Will? Well who do  you want your assets and money to go to?

 If you do not make a Will then the rules of intestacy apply which may not necessarily be consistent with your intentions. For example, following changes to the Inheritance and Trustees Powers Act 2014 if your estate is worth more than £250,000 and you have children, then your spouse is likely to receive the first £250,000 absolutely as well as all personal chattels and 50% of the remainder of the estate, with the other 50% passing to your children. Previously the spouse would only have received a life interest in 50% of the remainder.

2.Will my Estate be liable for Inheritance Tax?

The current nil rate band for each person for inheritance tax is £325,000 after which the rest of the value of the estate is charged at 40% rate. There are numerous ways to keep your estate below £325,000 but if you are married and your spouse dies and transfers everything to you upon their death, your executors may also use your spouse’s nil rate band in addition to your own to effectively double your nil rate band to £650,000 at  today’s values.These matters need to be considered carefully in the  light of one’s individual circumstances. There are also many other important factors to consider in the future though not obvious at first.

3. What about the costs of administering the estate after you die?

When making a Will you are r potentially saving thousands of pounds after you die on wasted administration costs. For example, by simply stating your beneficiaries addresses in your Will you will save time and money instructing a professional to locate them.

This logic can be applied to other matters, for example if you have numerous investments scattered around, you could save time and money locating them by scheduling them ahead of time.

4. Who will look after my minor children?

Making a Will is an excellent opportunity to appoint the appropriate relatives or friends as guardians to look after your minor children and ensure they are provided with the care and security they will need in the future.

5 .Ensure your wishes being fulfilled after your death.

Do you have any specific wishes about where and/or what type of funeral arrangements you wish to have? If so, making a Will should ensure your wishes fulfilled.

6 .Who do you want to administer your estate?

Appointing your executors is extremely important as they are the people who you trust and are most able to make sure your wishes are carried out.

7. What if there is a dispute over my Estate?

Failure to provide for your family and dependents in an adequate manner can result in  claims by beneficiaries against your Estate after you have passed away.

8. Need more information?

I’m fully trained and experienced in writing Wills and have successfully made Wills for many local people using extremely good precedents on my laptop.I’m quite prepared to visit you at a venue to suit and I always give good value.You can rely on me to provide a caring and efficient confidential service. I’m happy to have a free initial consultation with you. All you need to do is to telephone Richard on (020) 8487 8803 or email me on richard@mortlakelaw.co.uk

 

Lasting Powers of Attorney Special Offer

Make a Lasting Power of Attorney with me between now and September 30 and you will get a FREE Will!

Includes:-

* Home visit or similar within LB Richmond-upon-Thames.

* Personal caring and efficient service by a lawyer with 40+ yrs experience .

*Completed Registration document for Office of Public Guardian

* No need to visit me!

Costs as follows:

Individuals-1 LPA and 1 Will=£199

2 LPA’s and 1 Will=£399

Couples-        1 LPA (each) and 2 Wills=£399

2 LPA’s(each) and 2 Wills =£999

To take advantage of this special offer please contact me on richard@mortlakelaw.co,uk

or just call me 0208 487 8803 

Homemaker wins chance of bigger payout

The Appeal Court has decided that a career woman who gave up a high -flying job over 30 years ago to be a stay at home mother can seek a larger share of her husband’s fortune.

The Court of Appeal has ruled that the wife need not downsize from her 6 bed house and expecting her to do so could be discriminatory ( on the grounds she is not the income earner), the judges ruled.

.The couple divorced 8 years ago but the husband brought the case back to court to seek to capitalize maintenance ( £80,000 p.a) into a lump sum as he wishes to retire.This was described initially in the High court as generous by the Judge.The husband has an unexpected result in our court lottery system in that a fresh hearing is required say the Judges in the Court of Appeal  to ensure a fair distribution of assets.So despite a divorce 8 yrs ago its never really over or is it?

This is why a wealthy husband normally seeks a clean break order in a divorce giving the wife a larger part of the capital ( by lump sum or greater share of the family home).Its extremely rare for such orders to be reversed unless there was non-disclosure,fraud,duress  or some similar factor.

Litigation in the family divorce courts can have unexpected results…….best to avoid the costs and stress.How? Negotiate your own settlement direct in the privacy of Mediation  sessions having looked at all the options and then apply to court with an agreed Consent Order,All the finances can be looked at including pensions.What have you to lose?

For more information just call me on 020 8487 8803 or e-mail richard@mortlakelaw.co.uk

Richard Buxton LLB FMA

The Wife who won her millions back

Yet another multimillion £ Divorce hits the headlines.

Despite a clear prenuptial agreement the husband dragged this recent  case through the High Court. Didier Thiery was ordered to pay Alisa Thiery’s legal bills, partly as a result.This was an  eye watering amount of £465,000. In this case the husband Didier  was described in court by the Judge as an unprincipled rogue who prayed on his wife for his own profit.Alisa was immensely rich  as the former wife of French Connection founder Stephen Marks.

The Judge labelled the payout of £17 million as “restorative justice“.But how is Alisa going to get the £17million? One things for sure..husbands can be very clever and devious in hiding assets and using of off-shore companies and bank accounts.Poor Michelle Young has still not received the £20 M ordered from her ex Scott Young after 7 years of litigation.By that time you can end up burnt out, bitter and stressed out to put it mildly .

The wife Alisa via her legal team will need to register orders where the assets are,She will need professional help to trace such assets.If your ex goes bankrupt the debt gets written off! Ouch!..The case starts up all over again and the costs and stress go on and on…….

No wonder so many wives end up settling for less than they are entitled to.Many wealthy husbands will simply wear the wife down over many years of litigation with no realistic offers on the table, often aided and abetted by their rotweiler type lawyers and consoled by a new lady love.

Whats an alternative? Try private Family law Mediation by an accredited insured and trained professional such as myself .Its possible to settle these marital disputes in private ,quickly and cheaply for the benefit of all concerned.With my help ( and my  lady co -mediator,if you like) you both can achieve a settlement that you negotiate direct and that you can accept.

Please do try to avoid ending up in the High Court…..you could end up losing everything.

For some free help and advice do call me …..Richard Buxton  0208 487 8803