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Civil partnerships for all?

In a recent survey regarding whether Civil Partnerships should be made available for heterosexual couples, 57% of people asked stated that they felt all couples should be given the right to enter into a civil partnership and 20% of people stated that civil partnerships should be removed altogether, with 24% stating they did not know or did not mind what should happen. The term civil partnership in law has been used to refer to same sex relationships and the Civil Partnership Act 2004 governs this type of relationship. This also…

Unmarried couples need to protect themselves

A landmark victory in the Supreme Court has seen a Northern Ireland woman win a share of her former partner’s pension, with commentators saying it’s likely to add impetus to the drive for greater rights for unmarried couples.  But, in the meantime, cohabitees should face up and formalise arrangements, rather than keeping their fingers crossed.   The victory of Denise Brewster involved her claim for a survivor’s pension after her long-term, live-in partner Lenny McMullan died suddenly, shortly after they had become engaged.  He had paid into Northern Ireland’s local…

Getting rocky relationships through the New Year

The month of January can be a rocky one for families, in the post- Christmas period, which is often followed with news of unhappy couples who decide to call it quits, as family lawyers receive a surge of enquiries in the New Year.   According to the latest figures from the Office for National Statistics (ONS), the overall rates of divorce are continuing to fall. There were 111,169 divorces in 2014, a decrease of 3.1% compared with 2013 and 27% lower than 2003. Compared with data from 2004, divorce rates were…

Changes: Are you eligible for Legal Aid?

The legal aid system drastically changed since 1 April 2013. This was when the Legal Services Commission was replaced by the Legal Aid Agency, and the cuts imposed by the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Act 2012 took effect. LASPO implements substantial scope cuts to civil legal aid. Domestic violence: trigger evidence Under the new family legal aid rules, most private law services are only available to the victims of domestic violence. In order to be entitled to legal aid, the client has to prove that they…

Keeping children safe as the days get darker

The clocks will be going back at 2am on Sunday 30th October, bringing lighter mornings and darker evenings, and parents are being encouraged to take a safety check with children in readiness for the change. This year marks the centenary for daylight saving, a practice introduced during the First World War to save on energy costs and offer people more time outdoors. But even though it’s been around for 100 years, the change still catches many people out, particularly when it comes to the darker end to the school day.…

Investing in Student Accommodation

UK Housing Sector growth Triggered by the UK being the second most popular destination for international students, global investment into the UK housing sector is predicted to enjoy strong growth in the future, fuelling developments for student accommodation for rental purposes, which enjoy good revenue streams. However, there are pitfalls to avoid and this article highlights some common areas of risk when investing in student accommodation. Tax Planning A recurring issue in student accommodation development is trying to obtain zero-rating eligibility so that VAT can be recovered. For example, a…

What is Post-completion and how long does it take?

If you have ever sold or purchased a property you may be familiar with the concept of "Completion". For those who have not done so, completion is the date on which the parties to a transaction physically move to their respective properties, once the solicitors have sent the funds and these have been received. As far as a seller or purchaser is concerned that is the end of the matter for them, as they are either moving onto their new home or receiving a balance in their bank account. For solicitors,…

Aiming for a win-win separation

When celebrities divorce, it makes for big headlines. Since Johnny Depp and Amber Heard announced their separation a few weeks ago, the most private aspects of their life together has been played out in public and open for examination by the media and online commentators. With court documents detailing lavish lifestyles and counter-accusations of drug taking and abuse, the proceedings look set to secure many more headlines as they unfold. By contrast, BBC2’s TV latest series, Mr & Mrs: Call the Mediator, shows a different side to divorce, with negotiated…

Rising cost of divorce encourage couples to ‘nest’ together

Splitting couples are facing a rising cost of divorce with a big increase in court fees, and many are facing up to the challenge of asset-sharing and high property prices by turning to novel solutions to deal with the change. One of the new approaches to parenting after divorce is what’s being called the bird’s nest approach, a shared custody arrangement where the children stay at home and parents move around them, as depicted recently by TV programmes The Affair and Transparent. The emphasis in bird’s nesting is on parents…

Legal Aid evidence criteria – successful Court challenge

The charity Rights of Women was recently successful in the Court of Appeal in challenging certain aspects of the evidential requirements of domestic abuse in relation to legal aid applications. The evidential requirements of domestic abuse to enable a person to qualify for legal aid (with exceptions) are contained in Regulation 33 of the Civil Legal Aid (Procedure) Regulations 2012. The Court of Appeal declared that Regulation 33 is invalid in so far as it:- Required verifications of domestic violence to be given within a 24 month period before any…

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