Updated property forms: helpful tool or unnecessary hassle? The debate is raging in the property industry. Find out what all the fuss is about and what it means for buyers and sellers.
Navigating Divorce When Your Partner Won't Engage
What happens when your partner refuses to engage in the process? This blog post explores the steps involved when your spouse won't respond to divorce proceedings, including how the court handles notification, the importance of resolving financial issues, and the consequences of non-disclosure of assets. We'll also discuss options for resolving disputes over child custody and visitation when one parent refuses to participate. If you're facing this challenging situation, keep reading to learn more about your legal rights and options.
Cash for Carrying: The Ethical Minefield of Surrogacy Compensation
The age-old act of carrying a child for another has entered a modern moral maze. Is it selfless sacrifice or a service for sale? In the UK, where surrogacy is meant to be altruistic, the issue of compensation has ignited a fiery debate. Should women be paid beyond expenses for the physical and emotional toll of pregnancy?
Delve into the heart of this complex issue as we uncover the legal loopholes, ethical dilemmas, and the potential impact on both the women who carry and the children they bear. Is the UK's "reasonable expenses" approach enough, or are we tiptoeing towards a baby business?
Baby Mama Drama: Who's the REAL Parent in Surrogacy?
Is There a Right Time to Separate or Divorce? The Impact on Your Children
Many parents in unhappy marriages struggle to find the "right" time to act. They deeply care for their children, making the decision even more agonising. While separation and divorce are undeniably difficult, it's important to understand the potential long-term harm of staying in a toxic home environment. Family Lawyer, Etain Leung, explores this complex decision and whether a better time to separate or divorce exists.
Separation Lessons from Joe Jonas and Sophie Turner
In the news recently you will find coverage on Joe Jonas and Sophie Turner’s divorce. In this article, paralegal Mateo Pais-Pedret will provide a short description on the legal issues that not only affect Joe and Sophie, but many families when the parents decide to separate or divorce.
Custody
As of the 9th of October 2023, through mediation, Joe Jonas and Sophie Turner have agreed to a temporary child custody arrangement that will last until early 2024 which will see the daughters splitting their time between both parents’ respective locations (short-term Joint Residency agreement).
However, prior to this arrangement, Sophie had accused Joe of ‘wrongfully detaining’ their children from their ‘habitual home’ within the UK. A child is ‘wrongfully detained’ if they have been kept in a foreign country without the appropriate consent from both parents. Under the Child Abduction Act (CAA) 1984, it is a criminal offence to remove a child out of the UK without ‘appropriate consent’. Sophie claimed that the ‘habitual home’ of both children is in the UK. This means that Joe is legally obliged under UK law to return the children to the UK. Joe’s legal representatives argued that he was not in breach of CAA 1984 as the children were born in the USA and they had spent a larger part of their lives in the USA. By claiming this, Joe would no longer have ‘retained’ them from their ‘habitual home’ as claimed by Sophie, meaning that he would no longer be in breach of the CAA 1984.
Domestic Violence
Joe also claimed that Sophie had been an absent mother as she preferred to go out to parties rather than stay to look after the two daughters. Currently absenteeism does not officially count as domestic abuse, despite arguments being made towards its negative psychological effects on a child’s mental health. As such, Sophie would not be considered as having been abusive.
Officially, domestic violence (DV) is defined as, ‘any incident or patterns of incidents of controlling, threatening behaviour, violence, or abuse between … family members, (Qredible (2020)). In such cases, it is advised that the other parent and children seek legal assistance for protection, such as a Domestic Violence Protection Notice (DVPN) could be applied through the Magistrates’ Court which would prevent the abusive partner from contacting the family members for a minimum of 28 days. During this time a decision on child custody could be arranged.
Prenuptial Agreement and the Division of Assets**
It is known that Joe and Sophie have a prenuptial agreement (prenup). This is a ‘contract’ between two parties created before they “tied the knot”, which entails what will happen with the ownership of ‘assets’ in the event of a separation/divorce. For example, Joe and Sophie would have wanted to retain most of their individual wealth gained prior to their matrimony such as royalties from music or features in TV shows. However, the UK and USA Courts do not consider prenups as automatically binding. This means that Courts can disregard or make changes to provisions if they deem it necessary. Such changes usually relate to provisions involving children, particularly if they are unfair or discriminatory.
It is a common misconception that only the wealthy create prenuptial agreements. In truth anybody can get one if their intention is to retain their personal assets should they separate from a matrimony. Usually assets are placed into a ‘matrimonial pot’ to be shared with your partner. Thus, should the marriage end, that asset which was yours at the start can be claimed by your now ex-partner. If your objective is to keep said assts, you should take the steps highlighted by the Law Commission in ‘Matrimonial Property, Needs and Agreements’, if you want to make a valid prenuptial agreement.
In conclusion, the Turner separation is a multi-faceted and nuanced case which is made more complicated by the quantity of assets involved and the young age of the children. It will be the ambition of the Courts in both the UK and USA to keep the lives of the children as unaffected as possible. It must be made clear that Sophie has merely been accused of being absent by Joe and nothing further than that.
If you are going through a separation or divorce and require specialist advice, then please do not hesitate to call us on 020 3744 3800.
Digital Assets and Estate Planning: Navigating the Digital Age in the UK
As our lives continue to be intertwined with technology, it is essential to adapt our estate planning strategies to encompass our digital assets. Stay proactive, seek professional advice from a lawyer and leave behind a well-organised digital estate that honors your wishes and provides clarity for your loved ones during a difficult time.
The Defamation Act 2013 and the case of Summerfield Browne -v- Waymouth: A warning to online reviewers
In a world where many individuals rely upon online reviews to choose which restaurant to go to, or where many businesses rely upon online reviews to bolster credibility, there are a few things that we should all be aware of when leaving and receiving reviews.
In this article, our dispute resolution specialist lawyer, Simran Khakharia explores the law of defamation and the things you should be aware of when writing online reviews.
Court Proceedings - Is It Really Worth It?
The Wagatha Christie case has gained a lot of public attention, the lawyers involved have also been subject to some criticism for allegedly allowing the parties to see this case through to trial, in order to make some really big money. Is the criticism justified. In this article by litigation lawyer Simran Khakharia, she discusses that whilst it’s not always possible to avoid litigation, the fact remains that it should be a last resort.
Look What The Cat Dragged In
Your Guide to Your First Will and Why You Need One
There is a new C-word. It’s COVID-19. It’s dominating the news, it’s affecting our day-to-day lives, it’s having an impact in every area of our society. It’s also causing people to address matters that they have been putting off for some time - such as making a Will. Even in these times of social distancing and isolation, we are able to help with drafting your Wills. If you would like more information - get in touch - hello@posadalaw.co.uk or 020 3744 3800 - we’re here to help you.
"I'm Renting and I'm Struggling to Pay My Rent. What do I do?"
COVID-19 is the cause of many losing their jobs and others will have had their income reduced by 20%, yet rental agreements are still in place and need to be adhered to. Tenants are concerned that they will not be able to pay their rent and landlords will be mindful of mortgage payments that still need to be met. In this article, we look at options available to tenants as well as landlords during this time of pandemic.
Commercial Leases and COVID-19: Landlord's Perspective
The COVID-19 pandemic has forced many commercial premises closed with tenants requesting payments breaks or reductions from their landlords. In this article, we explore the options available to the commercial tenant. There may be a range of different solutions that can be explored by the landlord with the tenant. Please contact us if you would like to explore these options.
Commercial Leases and COVID-19: Tenant's Perspective
The COVID-19 pandemic has forced many business closed leaving commercial tenants with empty commercial premises with no income coming in. In this article, we explore the options available to the commercial tenant. There may be a range of different solutions that can be explored by a tenant in such a dynamic and ever-changing environment. Each commercial lease is individual with a range of different stipulated terms.
Do you need a notary to notarise a BEN2 Form?
The Registry of Beneficial Ownership in Ireland now requires individuals who are beneficial owners in Irish companies who do not have a PPSN to complete a BEN2 form.
If the BEN2 form is being signed by a beneficial owner who does not live in Ireland, then the beneficial owner will need a Notary Public to authenticate the document.
No Fault Divorce
Divorce is never an easy option, whether our laws require fault or not. Laura Harwood, from our Caterham Branch, has written this article suggesting that the proposed no-fault divorce should assist in creating a collaborative approach to separation which in turn can be of particular benefit to any children of the family. Studies have shown that child arrangements made through discussion and mediation are more likely to be kept and the children have a better relationship with the non-resident parent.