Responding to the Norgrove Family Justice Review, justice secretary Kenneth Clarke said the government would implement many of its recommendations, including introducing a six-month time limit to resolve care and adoption cases and creating a single family court across England and Wales, with a single point of contact.

But, contrary to the recommendation in the review, Kenneth Clarke said the government will legislate to emphasise the importance of children having an ongoing relationship with both their parents after divorce or separation, where that is safe and in the child’s best interests.

The government’s response says: ‘Children are entitled both to receive financial support from both parents and to maintain contact with both parents, where this is safe. It is difficult to conceive how withholding either of these things meets the welfare needs of the child.’

A new ‘child’s arrangement order’ will be introduced to make practical arrangements for childrens’ upbringing.

The Norgrove Review rejected legislating for shared parenting, saying it risked creating a presumption of a parental right to shared time and could cause problems in custody cases.

In light of this, the government has said it will ‘consider very carefully’ how legislation can be framed to ensure that a meaningful relationship is not about equal division of time, but the quality of parenting received by the child.

Clarke said: ‘The reform of family justice and child protection is a critical priority for government. Our reforms are ambitious and system-wide and particularly tackle the crucial problem of delay.’

Children’s minister Tim Loughton said: ‘The introduction of a new six-month time limit on care cases sends a clear signal to everyone involved in the process that we want to see radical improvement.

‘Speeding up the court system, and getting earlier decisions about a child’s future, will help ensure that more children are found loving homes more quickly,’ he said.

Whilst current cases will not be affected until the Government have finalised the detail and a reform timetable has been set, Carr & Co will of course continue to keep you updated.

Whilst you will see from our Family Law pages that we can assist you with all of the above what happens when you reach an agreement yourselves, without the assistance of a solicitor?

We would strongly advise that in reaching an agreement with your former partner or spouse that you are fully aware of both of your financial circumstances. This will include having sight of certain documentation. As family pracitioners we follow certain guidelines and we would usually expect documentation to include; 12 months bank statements of all accounts held, details of any liabilities held (for example credit card or loans), redemption figure for the mortgage along with three independent valuations of any property held, Cash Equivalent Transfer Value of any pensions held, details of any shares, savings or any other assets held, three months wage slips and P60 for last financial year, valuation of any business or business interests.

Although the above is not an exhaustive list it is a guide as to what you would expect to see before conducting negotiations and reaching a financial settlement.

If you are considering negotiating yourself then why not have us on board in the background asssiting and advising you as to what would be an appropriate and fair settlement. This would save you with the costs of solicitors negotiating but at the same time will give you piece of mind that you are on the right track, or that the settlement you are considering is far below what would be considered as fair. We can also ensure that any agreement reached is drafted into an appropriate format to outline the agreement reached and ensure it is legally binding upon you both.

Please do not forget to include your Pensions and possible entitlement when negotiating. For many spouses who have supported the other who went out to work by raising the children, then you may need to consider “topping up” your state pension by transferring some of your spouse’s national insurance contributions to your state pension. We can assist you with this to ensure you receive what the law says you should. On Divorce you would not require your spouses agreement for the above as the DWP should automatically do this for you.

Other private pensions should not be ignored either. Under a law that came into effect in December 2000, spouses were for the first time entitled to half of the main earner’s occupational pension on divorce when courts divided their assets. In most cases, the pot is split into two new funds at the time of divorce to achieve a clean break.

These pension-sharing orders were seen as improvement on earlier schemes where retirement funds could be offset against other assets at the time of the divorce, or where one spouse could receive a share of the other’s pension when they retired.

All of us at Carr & Co wish them well and cannot wait to meet the little bundle of joy.

The Government have announced that the current exemption which means that first time buyers are free from the 1% Stamp Duty Tax on homes costing below £250,000.00 will finish on 24th March 2012.

There are concerns that with the current exemption ending the housing market will be further affected, especially for those who are struggling to get a foot on the property ladder.

The government has however announced a further housing strategywhich included a mortgage guarantee scheme to encourage lenders to offer 95% mortgages to buyers of new homes. Hopefully this will encourage the current fragile housing market.

If you are thinking of purchasing a property then time is of the essence and it is important to act now. Our dedicated and reliable Conveyancing Department are on hand to provide a no obligation, free quote either online or by telephone, so contact us today.

If you would like to complete our online Conveyancing Quotation Form then please click here or alternatively contact us.

Mr Justice Mostyn in the High Court in Kremen v Agrest (No.11) (Financial Remedy: Non-Disclosure: Post-Nuptial Agreement) [2012] EWHC 45 (Fam) has dismissed the post-nuptial agreement made by the parties and awarded the former wife a lump sum of £12.5 million, including £8.3 million constituting maintenance.

Ms Kremen signed the agreement with her former husband, Boris Agrest, a Russian financier, after the couple had been married for 10 years. Its purported effect was to limit her claims on divorce to about £970,000.

In a judgment which Mostyn J hoped would be the final instalment in a ‘chronic and complex piece of matrimonial litigation’ he said that he had no hesitation in concluding that:

i) the wife did not freely enter into the agreement with a full appreciation of its implications. It was the product of pressure from the Husband and there was a material absence of independent legal advice and disclosure.

ii) Moreover, it is doubtful that the parties ever actually intended that the agreement should govern the financial consequences of the marriage coming to an end.

iii) It would be grossly unfair to hold her to an agreement which deprived her of her fair share of a fortune to the formation of which she has, in her own way, equally contributed.

iv) Moreover, the agreement did not then, nor does it now, remotely meet her reasonable needs.

v) And the agreement grossly prejudices the needs of the children.

At Carr & Co we have family specialists that can assist you if you are considering entering into a Post-Nuptial Agreement (similar to a Pre-nuptial agreement but post marriage). There is now clear guidance issued by the courts and although this is of course always subject to development and change, Carr & Co keep in tune with these developments to ensure any agreement is as binding as possible.

Contact us today for an appointment.

The proposals which the Government has described as “the most radical reform to the Employment Law System for decades” include changes on Unfair Dismissal, Compromise Agreements, Protected Conversations, Mediation and early concilliation, Tribunal modernisation, Financial Penalties and introducing a more rapid resolution to deal with lower value claims such as Holiday Pay.

Vince Cable (Business Secretary) further announced possible reforms in areas such as Maternity Leave, National Minimum Wage legislation, Whistleblowing, Collective Redundancies and TUPE.

Whatever the Government decide to do you can be safe in the knowledge that Carr & Co will keep you updated on any reforms that are to be implemented.

“When someone dies their assets (usually bank accounts and home if they own it) must be transferred either to their beneficiaries under a Will.  Where there is not a Will; then the Estate is described as Intestate and the Rules of Intestacy will apply and those to benefit from the Estate are dictated by law with any husband/ wife receiving the first £250,000.00 plus personal goods.  Where there are children, the remaining balance is divided into two equal shares with one half passing immediately to any children and the second to be held for their benefit with the interest being paid to the husband/wife during their remaining lifetime. The banks and purchasers of any property need to know who is authorised to deal with the accounts or any sale of property and this is achieved by the obtaining of a Grant of Probate (or Letters of Administration as it is known where there is not a Will).

Under a Will, Executors are appointed to obtain a Grant of Probate and they will then deal with the Probate collecting all the assets, paying off any debts and paying out the balance to Beneficiaries named in the Will.

In all Intestate Estates; again the Rules of Intestacy dictate who is required to obtain the Letters of Administration after which they will then carry out the same process as the Executors namely collecting/ cashing any assets, paying the bills and paying out the Beneficiaries in accordance with the Rules of Intestacy.

It is not necessary to be legally qualified to obtain a Grant of Probate.  Some banks/building societies offer this service however they can be expensive and the services are provided by telephone and post.  Some Funeral Director chains also offer this service; again by telephone and post.  For those who do not feel able to deal with Probate themselves and would prefer a personal face-to-face service, then a local High Street Solicitor would seem the obvious choice.

However, whomever you use you should always ask for a quote and a time estimate.”

The importance of making a Will is essential and each Will is personal to you to ensure that your assets pass to your loved ones. Here are a few reasons why you should make a Will in 2012.

By making a Will your wishes take effect and your estate will go where you want, not where the law dictates. Even if you are married, if you have no Will your spouse may not benefit from the whole of your estate.

It may also shock you to know that if you live with your partner without marrying or entering into a civil partnership then if you die without a will then your partner may not benefit from any of your estate.

If you die without a Will and you do not have a spouse or blood relatives your entire estate may go to the Taxman.

If you have children and you fail to appoint a legal guardian in your Will it may mean that the Courts decide upon someone who you may not have wished to look after your children.

At Carr & Co we provide a friendly, efficient, qualified and professional service to ensure such a smooth process our client’s then say “why didn’t I just do that earlier” or “I had not realised it would be so easy”.

As part of our unique service we aim to have all Wills drafted and signed within 7 days; we offer safe storage for your Will; a legal review of your Will every 5 years; a Will Reading upon death (all of which are part of the package and at no additional cost). We also address issues such as Inheritance Tax, potential Inheritance Act claims, Local Authority Care Charges and Lasting Powers of Attorney.

For peace of mind and to keep your New Years Resolution in 2012 contact Carr & Co Solicitors today for a no obligation quote.

We will then be closed over the christmas period from 5:00pm 23rd December and will reopen at 9:00am on 3rd January 2012.

Carr & Co would like to take this opportunity to wish you a Merry Christmas and a happy and prosperous New Year.

For those cohabiting or thinking of cohabiting it is important that they are aware that there is no such term as “common law marriage”. Just by living together for a long period of time does not give couples who are not married the same or similar rights to those who are married. Unfortunately, nearly half of people still believe that there is such a thing as a “common law marriage”.

Despite the recent statistics released the Government continue to consider it inappropriate for legal reform in this area and therefore it is left to a couples to protect themselves. If you are cohabiting you may find your financial position is precarious if your relationship were to breakdown as you would not have the same rights as those couples who are married.

There are however ways to protect yourself and at Carr & Co we have specialists to assist you every step of the way:

Property Ownership

If you intend to share your home together then it is adviseable for you to show your clear intentions of cohabitation. If the property is purchased in Joint Names then it is important to have a document registered with the Title Deeds to show the terms of ownership. This document is known as a “Declaration of Trust” which will outline what shares you are each entitled to and what would happen if either of you wanted the property to be sold.

Agreeing it at the outset will ensure that there is no room for dispute later on if either of you can not agree.

Cohabitation Agreement

It is advisable to enter into one of these when moving in together so that you can indicate your intentions as to how assets should be owned and what would be your intentions if you were to separate. Will the house be sold? What would happen if you had children? Who will pay the bills and mortgage? A cohabitation agreement is binding in law and can protect any future claims.

Who would benefit from your Pension?

Unmarried couples would not benefit from Pension Sharing which is available for those couples who are divorcing. If you are not married you would not have a claim on your partner’s pension. You can however protect yourselves whilst you are together by nominating each other to be the beneficiary on death of any pensions you each may have. This would ensure that as far as the pension is concerned, the surviving partner is provided for.

Life Insurance and Income Protection Insurance

Insure your lives and income to make sure that you are both protected if anything were to happen to either of you. This is especially important if either of you significantly contribute to the household finances or have children.

Make a Will

If either of you were to die without having made Will provision the surviving partner is not automatically entitled to the other’s estate. This is called dying intestate. Ensure you provide for your loved ones and make a Will. We would advise you to do so with a Wills specialist solicitor not a Will Writing Company. Please see our Wills page for further details.

As part of our Will Drafting Service we also consider Inheritance Tax advice along with Local Authority Care Charges and Lasting Powers of Attorney advices. This is part of our package. We also offer free storage of your Will for life and a free legal review every 5 years.

If all else fails….GET MARRIED or enter into a CIVIL PARTNERSHIP