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Category: Other Stuff

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Alzheimer’s Society Cupcake Day

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We are supporting the Alzheimer’s Society Cupcake Day on 12th June 2018 and everyone’s invited!

What is Cupcake Day all about? It’s a day when people across the nation unite to fight dementia with the most mighty of weapons: the wooden spoon.

This is a fantastic opportunity to do something fun and tasty in support of the Alzheimer’s Society (the UK’s leading dementia charity).

Please save the date: 12th June 2018

Our wonderful resident baker, Sarah, has very kindly offered to bake, but all donations (even shop bought) will be gratefully received.

If you wish to make a financial donation, we have set up a ‘Just Giving’ page.

What do we do on the day? Bring, buy and eat cupcakes!

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Armed Forces Covenant

Our Pledge To Help Those Who Serve Or Have Served In The Armed Forces And Their Families!

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Here at Onions & Davies Solicitors, we strive to help our local community and, given that we live and work amongst the military in our local community, we have committed to help our armed forces, their families and veterans with our armed forces pledge.

At Onions & Davies Solicitors, we offer a 10% discount on certain private client and family law legal services as part of the Armed Forces Covenant. (You can ask to see the terms of our pledge in full).

The Armed Forces Covenant is a promise by the nation ensuring that those who serve or who have served in the armed forces, and their families, are treated fairly.

At Onions & Davies Solicitors, we pride ourselves on our friendly, personal approach while providing specialist, professional advice on many areas of law. If you seek matrimonial, private children law or probate services, and you are currently serving or have served in the armed forces, or your spouse serves in our armed forces, you can contact us to make an appointment.

Please call Onions & Davies Solicitors on 01630 652405 and we will be happy to help. Make sure that you inform reception of your Armed Forces connection!

For more information, please see the Armed Forces Covenant website.

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Bear It In Mind – Making Good Decisions Following Separation

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How married couples deal with the finances following a separation can vary from one person to the next.  Some people just want to move on and deal with things as quickly as they can and others choose to leave things for a while for one reason or another.

Either way, our family lawyers at Onions & Davies Solicitors can support and advise you through this experience and will do so in a way that suits you.

When the time comes for a party to consider divorce and separating marital assets there are many factors to consider.

Before the parties can divorce in England & Wales, they need to have been married for at least a year.

Resolving the finances can be a process that neither party necessarily wants to engage in but is a process that will become necessary even if there are no assets to separate. Until the finances are resolved by Consent Order, future matrimonial claims can be lodged even after divorce.

The courts take a number of factors into consideration when dividing matrimonial assets and these are known as the ‘section 25 factors’. The length of the marriage and the ages, resources and contributions of the respective parties will be relevant, as well as whether there are children of the family to consider.

Matrimonial assets include pensions, property, savings etc. The division can include inheritance money, which is often a sore subject, but one that needs taking into consideration in the appropriate circumstances.

The assets of either party at the point of separation are relevant and can form part of the ‘matrimonial pot’. Any asset that is obtained by either party following separation will need to be disclosed during the course of either proceedings or negotiations. When proceedings have been issued the Court, require there be full and frank disclosure of your financial position. Full and Frank financial disclosure on a voluntary basis is also advised where matters are not litigated.

The division of the assets can, of course, be done by agreement between the parties and it is recommended that any agreement reached is with the benefit of financial disclosure.

Our family lawyers at Onions and Davies Solicitors can provide the support, advice and assistance necessary to guide you through achieving financial remedy on divorce.  Please contact Sharon for any further information on 01630 652405

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Spousal Maintenance On Divorce – It Isn’t What It Used To Be!

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Predicting the precise outcome of a financial remedy case on divorce is impossible. Every case is different. The presiding legislation has not been updated despite requests for legislative guidance further to the Matrimonial Causes Act of 1973, and we, as practitioners must, therefore, interpret how the case might settle for our clients based on case law. From this, we are able to give our clients an indication as to the range of possible orders the court might make in their case.

The case of Waggott-v-Waggott has seen a ruling by the Court of Appeal that will shape the advice given by divorce lawyers to their clients in respect of spousal maintenance, with guidance given as to the treatment of earning capacity and the principles of sharing and compensation.

This is a high net worth case and a marriage of 12 years, although the parties had been living together since 1991. They had one child whereupon the wife left her role as an accountant and did not work again.

This case tells us that the statutory steer to a clean break imposed by the Matrimonial Causes act 1973 should prevail, causing the wife to lose her argument that the husband’s earning capacity should be classed as a matrimonial asset to which the ‘sharing’ principle applies, and her argument that she should not be required to use the capital awarded to her in the settlement to meet her income needs. The Court said to extend the sharing principle in the ways suggested by the wife would undermine the court’s ability to effect a clean break.

The case is leading lawyers to understand that spousal maintenance awards are not as generous as has previously been the case. The end result for the wife was that her claim to increase the maintenance awarded to her was denied and, indeed, the original award was challenged when the Court of Appeal imposed a term order of 3 years with a Section 28(1A) Bar having the effect of preventing the wife from making an application to extend the term.

For advice about resolving finances on divorce, call 01630 652405 and make an appointment with our divorce solicitor, David Lago.

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Online Divorces – Legal Advice Is Recommended

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The document known by many as the ‘Petition’ has been re-named ‘Divorce Application’ and the contents overhauled in an effort to make the application process more user-friendly for litigants in person – invariably those who cannot afford to instruct a solicitor to oversee the divorce process for them.

The system is supposed to become even more user-friendly by digitalising the Application online, with the first online divorces currently being trialled, in an effort to modernise the process and bring it into the 21st century.

There is no doubt about it; the only way to look is to the future and, with the growing number of litigants in person due to economic changes, and the virtual scrapping of legal aid in private family law, it is safe to assume that those numbers are set only to rise.

A word to the wise, however.

On the whole, a reasonably minded lay-person might find the divorce process one which they can master and see through to the end with minimal legal advice – maybe following an initial appointment to provide that helpful initial advice and assistance. The legal world of ‘financial remedy’ (‘ancillary relief’ as it once was) however should not be viewed in the same way. Indeed, it could be costly to do so and legal advice still comes highly recommended.

Family law is complex. It is built upon a foundation of a 45-year-old statute, and a web of case law follows which adds meat to the bones of what lawyers know as the ‘section 25’ considerations of the court. This case law is evolving and a good family lawyer will help you to reach a resolution that properly interprets the law to your case, and reaches a suitable resolution in the interests of you and the children involved.

As Resolution lawyers at Onions & Davies, we are committed to a constructive approach intent on keeping things amicable. We know that the clients who come to us want the best result for themselves and their children, knowing also that they will probably have to continue a parenting relationship with their ex-spouse for a long time after the finances are settled and they have their Decree Absolute.

Watch this space for more information about online divorces as the trial runs out. For advice and assistance about your marital breakdown and the best way forward for you, call Sharon on 01630 652405 for an appointment with family solicitor David Lago.

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