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The blame game – Divorce

The current law surrounding divorce has faced criticism for inciting a culture of blame between divorcing couples. The options for divorce under The Matrimonial Causes Act 1973 require one party to be at ‘fault’, with no options for a split based on mutual agreement, or simply upon the parties having fallen out of love. Currently, if the parties choose not to place the fault on one party, they must instead stay married until they have been separated for a [...]

Specialist Inheritance Claims Chester

Chester Inheritance dispute solicitors, Freeman Jones Solicitors, update you on limitation periods and “standstill agreements” for inheritance claims. Section 4 of the Inheritance (Provision for Family and Dependants) Act 1975 (IPFDA) provides that inheritance claims cannot be made more than six months after a grant of probate has been issued, except in certain circumstances with the permission of the court. Mr Justice Mostyn recently handed down his judgment in the case of Cowan v Foreman & Ors in relation [...]

Chester Will Solicitors | Make a will

Will Solicitors in Chester A Will is a very important document as it establishes what happens to your property after your death. Indeed, without a will, your property may not go where you would have intended which could cause a great deal of stress to your loved ones after your death. A Will is subject to strict legal requirements which, if not adhered to, could lead to the Will being void and/or invalid. Getting the correct legal advice is [...]

Why make a will

A will is a legal document in which a person sets out what should happen to their money, possessions and property, which is legally defined as an estate, after they die. If you are one of the majority of adults in the UK who do not have a will, then you will be classified as having died ‘intestate’, and your estate will be distributed by the state under intestacy rules. These are a standard set of rules that are [...]

Chester Divorce Specialists

Finalise your finances before you finalise your divorce A divorce financial consent order is the legally binding document, prepared with the consent of both parties to a divorce that sets out what you have agreed in relation to your matrimonial finances. They usually provide for a clean break, meaning once the order is approved by a court the parties cannot make any further claims under the Matrimonial Causes Act 1973. However, a consent order can also include provisions for further payments after the [...]

Inheritance Dispute Solicitors Chester | Illot v Mitson – Where are we now?

Chester Solicitors Will disputes Ilott (Respondent) v The Blue Cross and others (Appellants) Where are we now? On 15 March 2017, the Supreme Court handed down the judgment in the case Ilott v Mitson, the first case in which the Supreme Court has considered the Inheritance (Provision for Family and Dependants) Act 1975 in detail. The case involved an adult child who was not financially dependent on her mother and who brought a claim against her late mother’s estate [...]

Court of protection

The Court of Protection’s has decided to allow the public and media in for the first time.  The initiative will initially run for a period of six months.  It will be very interesting to see what the public makes of the workings of the court and how the media reports.  The decision also comes at a time when more reviews are being undertaken by the court and so things should be busy. To avoid the Court of Protection many people [...]

Marriage, Civil partnerships and discrimination

A new interesting challenge has occurred in the world of matrimonial and family law.  A heterosexual couple is claiming that the Government in only allowing gay people to have civil partnerships is discriminating against heterosexual couples. Same sex marriage has been allowed since 2014.  Our divorce lawyers will be keeping an eye on this challenge to see how things develop.  

Your Divorce Questions answered…..

Are you thinking of getting divorced? We are sure that you will have many questions for us, here are a few of the most common questions received answered for you.   Q How long do I need to have been married for before I can start divorce proceedings? A You must have been married for at least 12 months before you are able to start your divorce.   Q Things are amicable, can you represent myself and my spouse? [...]

Financial matters – law updates, non-material disclosure, opening the floodgates…

As recent as last month it was reported in the media, and so many of you will be aware, of the cases of Varsha Gohil and Alison Sharland. These two ex-wives won their long battle in the Supreme Court on 15 October 2015, and we now await the knock on effect the final Judgment will have. Both cases mentioned redefine the law as well as clarify the procedure in divorce related financial cases where one spouse alleges that the [...]