Divorce-Online.Co.UK Blog

The Divorce-Online Blog: A blog about divorce and family law

Browsing Posts published in April, 2010

Image representing Zoopla as depicted in Crunc...
Image via CrunchBase

Valuing a property when getting a divorce can often be a fraught process.

Usually the lawyers will want three independent valuations from local estate agents who know the area and the market.

They can be better placed than a formal surveyor to give a realistic selling price for a property as they are negotiating sales in the market on a daily basis.

However getting an estate agent to value a house in writing for a divorce (for free) is not as easy as you might think. The reason is simple in that time is money and they will not want to be wasting their time valuing your house if they are not going to get it on their books for sale. So whatever you do do not tell them it is a divorce vauation but you are looking to place the property on the market.

Also it depends who instructs the agent to value and what they say to them that is importnant. For instance if the wife asks for a valuation she is going to generally want a higher valuation than her husband, especially where a transfer of equity is on the cards and a lump sum is to be paid.

I know of agents that just cant seem to help adding a few thousand pounds because the lady in question has been a bit flirtatious.

The internet now has plenty of tools to value homes based on average house prices in your area over a set period and the best of these websites in my view is Zoopla.com. Zoopla uses up to date Land registry data to present a value based on real sale prices in your postcode and based on the type of house you have, so not just a general value. It changes as the market changes.

Your Solicitors ( or yourselves) if acting in person should agree that the vaue obtained from Zoopla will be binding to avoid arguments later if the matter gets to court.

Reblog this post [with Zemanta]
  • Share/Bookmark
Bernnardo's Logo
Image via Wikipedia

The proportion rises to 74% of cohabiting couples, the survey of 2,221 adults has found.

A third of those who had not written a Will said they had meant to but had “never got around to it”. Others said they had nothing to leave.

Having a child was considered to be the most popular reason for people making a Will.

“We know from this poll that most people believe they should make a Will but they put it off for a variety of reasons,” said Ginny Harris, of Barnardo’s

“One of the most concerning findings is that a quarter of those over 55 who had not made a Will say ‘the money will go to my family anyway’.”

As we know how importnant it is to write a will Divorce-Online.Co.Uk give a free will to every client and their spouse as part of our divorce package. This is a will writing software application which allows the user to write a basic will appointing executors, trustees, specific bequests and residual beneficiaries. Not all our users will use this application as it is quite basic but many are then promted to go and get legal advice and have one drawn up by either a Solicitor or experienced will writer.

Reblog this post [with Zemanta]
  • Share/Bookmark
Our flag

Our flag

What defines an Englishman?

Am I English or British is the question I often ask myself when driving the car or putting out on the 18th hole.

You see the problem I have, is I was born overseas to forces parents in Germany. I am not German as I was born on British soil but neither was I born in the UK or England. I am technically a naturalised citizen of the UK as are all forces brats born abroad.

My mother was Scottish, my father is half English and half Irish and I am technically more Scottish than any other nationality due to my Mum not being a half breed.
I have lived in England for most of my life and support the English football team. However what would would happen if Scotland split from the UK?  Would I be able to have a Scottish passport?

Reblog this post [with Zemanta]
  • Share/Bookmark
Official 2010 FIFA World Cup match ball
Image by mikkelz via Flickr

A survey of British households by online divorce company divorce-online.co.uk has found that 10% of people have ended a relationship because of rows about football (This equates to 4.9 million people) and 11% of people expect their relationship to become more strained during the World Cup ( this equates to 5.5 million people)

Bad news for women

The bad news for women specifically, is that 14% of men agree that football will more important than their partner during the World Cup  and almost a quarter of men  believe that TV viewing will revolve around the tournament.

Arsenal fans are the worst

Arsenal fans are the most likely to have relationship problems because of the World Cup.

They are the most likely to have arguments because of neglect due to the football and they are the most likely supporters to have a strained relationship during the World Cup.

Arsenal fans also agreed that the football is more important than their partner during the World Cup although it is the Newcastle supporter who is most keen to move out during the tournament.

Other team’s fans are just as bad

The other team supporters don’t get away completely free, however, 17% of Manchester United fans have split from a partner because of a football argument and Chelsea fans will be spending the least amount of time with their partner (of the English teams).

Divorce-Online are not surprised

Mark Keenan, The Managing Director of Divorce-Online.Co.uk says “These findings don’t surprise me that much. As a mad Swindon Town fan I am sure there are many when my wife has thought about giving me the boot when I have either come home worse for wear after a good win or have been miserable for a week after a good thumping.”

The survey was carried out by Opinion Matters on behalf of Divorce-Online.Co.Uk during April 2010 -sample 1701 UK adults.

Reblog this post [with Zemanta]
  • Share/Bookmark
King Abdullah bin Abdul Aziz.
Image via Wikipedia

The girl, who has not been named, was married to her father’s cousin last year in her home town of Buraidah, near Riyadh, Saudi’s capital, the Times of London reports.

Her father was paid a $23,000 dowry.

But the girl reached an agreement with her family earlier this week to privately annul the marriage.

The marriage caught the attention of the state-run Human Rights Commission, who provided a lawyer for the girl and pushed for the legal age of marriage to be raised to 16.

“There will be some opposition, of course, but we feel that public opinion has changed on this issue,” lawyer Alanoud al-Hejailan was quoted as saying.

Many have weighed into the debate with some judges using the Prophet Muhammed’s marriage to a nine-year-old as justification for child brides.

Senior Saudi cleric Sheikh Abdullah al-Manie slammed the comparison, saying the Prophet’s marriage occurred centuries ago and could not be used to justify marriages today.

Reblog this post [with Zemanta]
  • Share/Bookmark
A woman makes her support of her marriage, and...
Image via Wikipedia

Angelique Naylor and Sabina Daly married in Massachusetts in 2004, the year it became the first state to let same-sex couples tie the knot.

However, the couple then moved together to Texas and when things started to fall apart and Miss Naylor applied for a divorce, she hit a legal stumbling block.

She is now fighting the state of Texas, which says a union granted in a US state where same-sex marriage is legal can’t be dissolved with a divorce in a state, such as Texas, where it’s not.

Miss Naylor says she did not file for divorce as an equal rights statement – she just wants to get on with her life.

“We didn’t ask for a marriage; we simply asked for the courtesy of divorce,”

Gay and lesbian couples who turn to the courts when they break up are getting mixed results across the nation. A Pennsylvania judge last month refused to divorce two women who married in Massachusetts, while New York grants such divorces even though the state doesn’t allow same-sex marriage. Connecticut, Iowa, New Hampshire, Vermont and the District of Columbia now also allow same-sex marriage.

“The bottom line is that same-sex couples have families and their families have the same needs and problems, but often don’t have the same rights,” said Jennifer Pizer, a lawyer for Lambda Legal, a national legal organization that promotes equal rights for gay, lesbian, bisexual and transgender people.

A judge in Austin granted Miss Naylor and Miss Daly, who have a four-year-old son, the divorce, but Texas Attorney General Greg Abbott is appealing the decision. He also is appealing a divorce granted to an unnamed gay couple in Dallas, saying protecting the “traditional definition of marriage” means doing the same for divorce.

Mr Abbott, a Republican seeking re-election, has argued in court filings that because the state doesn’t recognise same-sex marriage there can be no divorce, but a gay or lesbian Texas couple may have a marriage voided. Attorneys representing such couples argue that voiding a marriage here could leave it intact in other states, creating problems for property divisions and other issues.

Miss Naylor and Miss Daly separated in 2007 and have had to try to work out how to split their business and home along with custody arrangements for their son.

Reblog this post [with Zemanta]
  • Share/Bookmark
Divorce $91.95
Image by rmcgervey via Flickr

In an uncontested divorce, couples agree amongst themselves, without the help of the court, the important issues regarding their future with each other. These issues may include but are not limited to child custody, child or spouse maintenance, and property issues. Advantages of an Uncontested Divorce Uncontested divorce is a simpler way of divorcing your partner than the usual divorce proceedings wherein court and solicitors are involved.

For this reason, uncontested divorces are also a cheaper option because not only do you end up saving time and energy but also your lawyers fee. Uncontested divorce allows the couples to maintain their dignity without engaging in revengeful courtroom battles.

The level of conflict in an uncontested divorce is much lower than contested divorce because of the mutual understanding of the couples. This makes uncontested divorces far simpler than the usual divorce cases. Can an Uncontested Divorce ever be a Bad Idea?

While uncontested divorces provide an excellent opportunity to the couples to solve their issues as well as their conflicts internally, it may not always be a good idea to opt for an uncontested divorce. Uncontested divorce works best if both the partners have kept the bitterness associated with the divorce aside and can think practically and rationally about the post-divorce issues. In addition, the couples should acknowledge each others comfort levels as well as be able negotiate fairly with each other. In our following section, we will explore in detail the situations wherein opting for an uncontested divorce is not the best option.

* Physical Violence or Intimidation Involved in the Relationship Abusive marriages hardly ever give the opportunity to the victim to express himself or herself independently without feeling threatened. If the abuse is physical in nature, it can be extremely difficult to discuss anything with your partner, leave aside a major issue such as divorce. Physical violence and the threat of physical violence can cloud the victims judgement and he or she may be forced to accept terms and conditions that may not be acceptable to him or her. Abusive partner can take advantage of an uncontested divorce to reach a divorce agreement for his or her sole benefit. If there is intimidation involved in your relationship, it may be impossible for you to negotiate with your partner on equal terms because of the constant fear that may engulf your mind. Such can be the mental agony for the victims that usually agree to any post-divorce agreement so that the settlement is over and done with.However, it is important to remember that while you may have made a hasty decision and entered into a marriage with an abusive partner, now is not the time to make hasty decisions. Decisions relating to divorce can affect you for the rest of your life, especially the decisions related to finances and children. Therefore, if you are a victim of an abusive or intimidating marriage, seek the help of a competent divorce lawyer.

* If Your Partner Refuses to Talk to You – If your partner does not want to talk to you or discuss issues pertaining to divorce, it can be hard to reach mutual consensus on issues. Your partner may be trying to avoid talking to about these issues so that you would not think about divorce seriously or he or she may not want to talk about these issues due to some other reason. Either way, it is important that both of you discuss important issues related to divorce if you want an uncontested divorce to work effectively. If not, you will have to opt for the traditional courtroom divorce.

* Legal Issues – While an uncontested divorce is a cheap and simple option, it is important for you and your partner to understand the legal ramifications associated with a divorce. Divorce can be a complicated legal procedure wherein you will need to know about the legal nuances. Financial settlement and child custody issues can be extremely complicated. Reaching an agreement without knowing the legal consequences can have a devastating effect on your future. Any ignorance on your part can affect you and your partner negatively for the rest of your lives.

* Emotional Blackmail -If you think your partner is emotionally stronger and is steamrolling you through the whole process and you may be emotionally blackmailed to come to an agreement that you do not want, it may not be a good idea to not opt for an uncontested divorce. Decisions pertaining to divorce can have life-changing consequences and no agreement should be reached under any pressure. Therefore, it would be best if you hire a lawyer to understand your legal rights and options.

Reblog this post [with Zemanta]
  • Share/Bookmark

A solicitor is suing his own firm for negligence and damages in the region of £300,000 in connection with advice he received ­concerning his divorce.

Andrew Grove is suing Andrew Grove & Co, of which he is a partner, in the High Court. Grove is also suing his barrister, Bernard Limbrey of Three Dr ­Johnson’s Buildings.

The divorce settlement required Grove to transfer the entire £370,000 equity of his home to his wife and pay £12,000 a year maintenance for his children.

This decision was largely based on an expert witness’s valuation of Grove’s firm that he claims was ­significantly overestimated.

The expert valued it at £347,500. In his negligence claim Grove says it was worth only £12,000.

Browne Jacobson ­associate Jim Hobsley is ­representing Limbrey on the case, while sole ­practitioner Graham Goodwill is acting for Grove.

Reblog this post [with Zemanta]
  • Share/Bookmark
SIDMOUTH, UNITED KINGDOM - FEBRUARY 18:  Donke...
Image by Getty Images via Daylife

Andrew Harding, 39, was ordered to pay £6,000 after Paco the Spanish donkey attacked pigs kept on his smallholding and even killed another donkey in a next door field.

The father of five bought the animal so that his children could ride on its back.

However video footage shown to Towcester Magistrates Court captured Pablo grabbing a pig’s neck and waving it in the air.

Neighbours at the plot in Tiffield, near Towcester, Northants alerted the authorities.

Harding was convicted of eight counts of causing unnecessary suffering to an animal at an earlier hearing.

He was ordered to do 200 hours community work, banned from keeping livestock for three years and told to pay £6,080 costs.

Vic Smith, prosecuting, told the court that Paco joined a menagerie of pigs and goats at the plot in Tiffield, near Towcester, Northants, in January last year.

Paul Flowers, a neighbour, witnessed Paco biting a pig’s neck as it squealed in pain and blamed the beast for injuries suffered by his donkey Pablo.

Mr Smith told the court Pablo was found killed in March last year and Harding paid costs for his cremation.

Phillip Westerman took photos of bloody injuries suffered by Kune Kune pigs mauled by Paco which sparked a trading standards probe.

When trading standards inspected the small-holding they discovered an injured Sow and infected pygmy goat which had to be slaughtered.

During other visits in the Spring of 2009 officers found animals had no water to drink and new-born piglets shivering in the cold and rain with no shelter.

Harding, defending himself, told the court the plot began life in 2007 as a sanctuary where he could take his children following his divorce from his wife.

He said: “It was a family farm. A place to get the kids away from their X-Box. It was fine until we got the donkey.

“The donkey was bomb-proof. The kids used to come down on a Sunday and ride around on his back. It was going really well until the donkey started causing trouble.

“It completely shocked me to see the video.”

Reblog this post [with Zemanta]
  • Share/Bookmark
LONDON - JUNE 09:  Former Miss Great Britain C...
Image by Getty Images via Daylife

The Miss Great Britain pageant is loosening its application guidelines for the first time in its 65 year history, to allow divorcees and single mothers (previously banned) to fight for the title.

When the pageant began back in 1945 it was originally titled ‘Bathing Beauty Queen’. The winner was 18-year-old typist Lydia Reid, who won seven guineas and a swimsuit, after her bikini body was awarded top marks. Would a single mother with the same figure have been less worthy of the crown?

This year, because of the rule change, a fanfare is being made over Rachel Hatton, 27, a former communications specialist in the Army and the first divorcee ever to compete. Will the new politically correct judging system sway the contest in her favour?

Reblog this post [with Zemanta]
  • Share/Bookmark