The Law Commission has recommended an overhaul of the current laws surrounding weddings in England and Wales. Following concerns around the effectiveness of the current rules governing weddings, the Government has requested the Law Commission perform a review of what has been described as an “out-of-date” system.
With an increasingly diverse society, it comes as no surprise that more and more regulations are falling short of modern needs, and these proposals will provide the much needed first step in offering a fairer and more consistent approach to wedding ceremonies.
Family Law Solicitor, Heather Arnold comments, “The reforms proposed by the Law Commission will provide couples with the freedom to hold a wedding ceremony at an increased range of locations, with a more personalised service, meaning ceremonies may be more individual or meaningful to couples. Notably, under the reforms, weddings would be guided by universal rules allowing couples greater scope to hold a ceremony which is not only respecting of their religious, or non-religious beliefs, but also without the need to choose from specific, limited venues.”
With access to a greater number of venues, the new reforms may also provide an opportunity for couples to save money without losing out on quality of service or atmosphere. Currently the demand for wedding ceremonies is at an all time high, with many couples who missed out on their original ceremony during the pandemic, taking priority on current bookings.
Heather continues, “There is presently a backlog of weddings due to Covid 19 and the reforms may enable couples to marry without delay and potentially, at a lower cost. In 2021, the average cost of a wedding was reported at £17,300. Ultimately, this will create a fairer system for couples and Tinsdills welcome proposals to allow couples to marry wherever and however they choose.”
Tinsdills Solicitors provides a full range of family law services, from pre and post nuptial agreements, to change of name deeds. If you require Family Law advice, please contact us and our expert teams will be able to provide the advice and guidance you need.
If your relationship or marriage unfortunately breaks down, aside from dealing with arrangements for any children, dealing with the pets of the relationship can be one of the most difficult and emotionally challenging aspects. 59% of UK households own pets and so deciding who ‘keeps’ pets upon separation is a fairly common issue, however, it is not one that the Court likes to become involved in.
What is the approach of the Court?
Pets are of course a much-loved member of any family; however, they are regarded by the Court simply as a ‘personal possession’. The Court will consider who purchased the pet, or whether it was gifted, and who has taken command of the day-to-day care of the pet by way of food, insurance, vet bills etc.
The Court will encourage separating couples to make arrangements for any pets between themselves. One party can have sole care of any pet, or it may be agreed that both parties have ‘shared care’ of a pet, with dates and times agreed for contact.
What is a Pet Nup and do I need one?
In order to avoid disputes as to contact and care arrangements for a pet upon separation, couples are now choosing to enter into a Pet Nup. This is an agreement between the parties, which states what will happen to any pet should they separate.
This does not just include cats and dogs. A Pet Nup can be prepared for any animals of a relationship.
A Pet Nup is not fully legally binding; however, it records the intentions of the parties should any dispute arise.
Is there an alternative to a Pet Nup?
If you and your partner are moving in together or getting married, it is likely that there are other matters to be dealt with alongside pets, such as financial matters.
If you would like to discuss any aspect of Pet Nups, Pre-Nuptial Agreements or Cohabitation Agreements/Living Together Agreements, please do not hesitate to contact our family department who will be pleased to assist you.
If your marriage unfortunately breaks down, you may generally be aware that assets such as property, pensions, investments and savings will need to be dealt with upon divorce.
However, many individuals now own cryptocurrency, such as Bitcoin, and this is seen by the Court as an asset and will form part of the matrimonial ‘pot’ of finances on divorce.
What is Cryptocurrency?
Cryptocurrency is a form of digital currency that only exists electronically. It can be used in exchange for the purchase of goods and services. Popular examples include Bitcoin, Dogecoin and Litecoin.
Cryptocurrency is seen by many as an investment, with 4.4% of UK adults owning cryptocurrency. This may not seem substantial; however, this figure is up more than a fifth compared to one year ago and the popularity of cryptocurrency is ever increasing, with El Salvador becoming the first country to accept Bitcoin as legal tender as of September 2021.
It is therefore inevitable that cryptocurrency will form more of a significant part of a financial settlement on divorce in the coming years.
How is Cryptocurrency dealt with on divorce?
When dealing with financial matters on divorce, you and your spouse have a duty to provide full and frank financial disclosure and you must disclose everything that is relevant to your matrimonial finances. This would include any investments in cryptocurrency.
A value of the cryptocurrency would need to be determined and this would then be taken into account and form part of any financial settlement.
What are the difficulties in dealing with Cryptocurrency on divorce?
There are unfortunately many difficulties at present when dealing with cryptocurrency on divorce.
Firstly, the value of cryptocurrency is ever-changing and so it is difficult for cryptocurrency to be fairly valued within divorce matters. Property and cash savings can be easily valued and tend not to fluctuate too significantly in value. However, the value of cryptocurrency is unstable and for instance, your spouse’s investment could be worth £5,000 one day and then increase to £10,000 or decrease to £500 the next. It is therefore difficult for parties and the Court to determine a fair financial settlement when you could have a completely different financial situation from one day to the next.
Cryptocurrency is also unregulated, and it can easily change hands if your spouse is attempting to ‘hide’ assets. If there is evidence that your spouse has attempted to conceal assets, the Court does have the power to freeze your spouse’s assets, including cryptocurrency. Forensic experts can also attempt to trace any hidden cryptocurrency and where cryptocurrency cannot be traced, but the Court are satisfied of its existence, it can be ‘added back’ into the matrimonial financial pot.
Should your spouse not provide full and frank financial disclosure and seek to ‘hide’ assets, they will be deemed to be in contempt of Court, with possible punishment of a fine or imprisonment.
Contact Us
If you would like to discuss any aspect of divorce or financial matters, please do not hesitate to contact our family department who will be pleased to assist you.
If your marriage unfortunately breaks down, the last thing that you want to think about is agreeing financial matters between you and your spouse. However, even if you and your spouse divorce, financial claims remain open until you put in place what is known as a financial Consent Order. This Order will seek to end financial claims between you and your spouse and record your financial settlement.
Financial matters can be dealt with by way of Court proceedings; however, to attempt to keep matters amicable between you and your spouse, we would usually suggest that you attempt to reach a financial settlement on a voluntary basis without Court proceedings being initiated.
In order for us to be able to advise you of a financial settlement that is fair and in your best interests, we would instead initiate the process of voluntary financial disclosure. Even on a voluntary basis, both you and your spouse have a duty to provide full and frank voluntary disclosure and you must disclose everything that is relevant to your matrimonial finances.
Documents Required for Voluntary Financial Disclosure
Once you and your spouse have agreed that financial matters will be dealt with on a voluntary basis, we would ask that you provide us with the following documents:-
Your salary / wage slips for the last three months;
Your P60 for the last tax year;
If you are self employed, a copy of your last two years’ accounts and tax returns / tax statements;
Details of all your business interests together with the last two years accounts for each business;
Your last 12 months bank and building society account statements or passbooks for all accounts in which you have an interest, either solely or jointly with another;
Evidence of the amount of outstanding debts or liabilities which you have either solely or jointly with another, including credit card statements for the most recent three month period;
Your estimate of the value of any property you own in your sole name or jointly with another;
Your most recent annual mortgage statement or mortgage redemption statement for all property you own or in which you have an interest;
The surrender values for all life or endowment policies which you possess solely or jointly with another and if possible the projected maturity values of such policies;
Details of any other assets in which you have an interest, such as ISAs, PEPs, Bonds, Shares, National Savings Certificates, motor cars etc.;
Details of any monies owed by you;
Details of any monies due to be paid to you within the next twelve months for example as a result of inheritance; and
Pension valuations for all your pension funds, whether current or frozen – we suggest you request these urgently as they can take several weeks to receive.
Your spouse will collate the same documents and once ready, the financial disclosure will be mutually exchanged with your spouse or their legal representative. You will both then be able to raise questions based on the disclosure that the other has provided in the hope that constructive negotiations can take place to agree a financial settlement.
Advantages of Voluntary Financial Disclosure
The advantages of dealing with financial disclosure on a voluntary basis include the following: –
Matters may remain more amicable between you and your spouse compared to if Court proceedings were issued;
Any financial agreement reached will be agreed by both you and your spouse, rather than being imposed by the Court;
You have more control over the process, rather than needing to follow Court directions;
The time taken to resolve matters is generally reduced as you will not need to wait for Court hearings to take place;
Legal fees are generally much less when matters are being dealt with voluntarily.
Contact Us
If you would like to discuss any aspect of divorce or financial matters, please do not hesitate to contact our family department who will be pleased to assist you.
Each year, the media join in their masses to report on a so called “Divorce Day” which, thankfully, is not an officially recognised day of any kind. It is simply a term used to refer to the first working Monday of a new year – which has been linked to an increase in people showing an interest in divorce. It is true, that for many legal firms, this day can mean more divorce enquiries, or simply more visits to the relevant sections on their website. Likewise several family or relationship charities have also reported an increase of activity around this time. But what are the reasons for this trend? And why do we have a “Divorce Day” at all?
In all honesty, “Divorce Day” is nothing more than a media made fabrication which seems to create a fantasised approach to what can be a very emotional and difficult time for many families. Truth be told, it can take months, if not years to come to the final decision to separate from your partner, as opposed to treating it like a New Years resolution that the media portrays it to be.
Realistically, the increase in enquiries has a lot to do with most law firms closing for the Christmas period and nothing at all to do with this so called “Divorce Day”. What we often see is people thinking about divorce before the holidays, only to delay taking action until after the Christmas and New Year period. This could be for several reasons:
Parents often want to protect the feelings of their children, family or even the other partner over a time that is meant for joy and positivity. Others may even have second thoughts during this period, as Christmas tends to bring people together. Sadly, however, reality can often hit again once January rolls around and the dark winter days continue and normal routines resume.
There is little data on the exact reasons, and of course everyone has their own individual experiences and circumstances, although we can surmise that a combination of the above may well contribute in some way. Other factors can include:
Holiday Tensions
The Christmas and New Year period can also be incredibly stressful for married couples. Spending an extended period of time in close proximity with anyone, even your partner, can lead to tension. If you add extended family to the mix, those stresses can be even worse. As we are aware 2020 saw people spending more time at home alone than ever, especially over Christmas, so these situations more than likely arose once more.
Finances
Financial troubles are often a big cause of friction in a relationship. Each January, many people have an extended gap between December and January pay, leaving them with less in the New Year. Christmas also comes with massive expenses in terms of gifts, food & drink, and more. All of those factors are likely to contribute in a normal year, plus the added stress from a global pandemic which has left many with concerns about job security or reduced wages.
The Coronavirus Pandemic
Perhaps more significant to the increase in divorce or relationship breakdown enquiries is the unique situation imposed by the covid-19 pandemic, which has seen many families go through multiple lockdown and self isolation periods. Many have suffered additional pressures since March 2020, having spent more time together in isolation, as well as the added financial strain arising from the forced closures of businesses, the furlough scheme and redundancies nation wide. This has led to statistics for divorce enquiries being slightly different than in previous years.
It is true that January is a time of reflection and many people begin to address the fact that their marriage may no longer be working. But remember, nobody enters a marriage or relationship thinking about divorce or separation, so before making any final decisions, it might be worth making these considerations:
Commitment from both sides is needed to make a marriage work
Communicate with each other to express your feelings and grievances
Let go of previous issues where you can
Be accountable for you own actions
Consider professional help such as counselling
If however your relationship has irretrievably broken down, it is important that you seek legal advice to ensure that you receive the support and guidance through what is, for many people, a very difficult and traumatic time. Our Family Law team are vastly experienced in handling these cases sensitively and are on hand to guide you through every step of the way. Speak to a member of our team today on 01782 983943 or complete an online enquiry form here https://tinsdills.co.uk/individual/family-law/.
There are many reasons for wishing to change your name. The most common reasons for a change of name that we encounter are:-
Your marriage has broken down and you wish to formally change your name;
You are transgender and want your legal name to match the name that you are otherwise known by. However, please do note that a change of name deed does not change your gender and a Gender Recognition Certificate will be required for this;
You no longer associate with your family surname or birth name or you dislike your name and wish to change your name to reflect your own wishes;
You have married and wish to have a ‘blended’ or different surname than your spouse’s name;
Your name was registered incorrectly on your birth certificate and you wish to have this formally corrected;
To change or correct the spelling of your name; or
You wish to identify with or fit in with another culture, country or religion.
There are of course many other reasons why you may wish to change your name and you are also not limited to just a change of surname. You can change any part of your name should you wish to do so, provided that it is not for illegal or immoral purposes.
Adult
If you are over the age of 18, you can change your name at any time. We will prepare a Change of Name Deed, which will specify your new name and once this Deed has been signed, witnessed and dated, your name will officially be changed. You will then be able to provide copies of your Change of Name Deed to organisations such as the passport office, DVLA, NHS etc. and your name can be updated on your official documents.
Child
If you are aged 16 or 17 and wish to change your name, you can do so by way of a Change of Name Deed, as described above, without your parent’s consent, so long as you are not subject to a Child Arrangements Order, Residence Order, Special Guardianship Order, Care Order or interim Care Order. If you are subject to one of these Orders, we will need to obtain the consent of everyone with parental responsibility for you.
If you wish to change the name of a child under the age of 16, a Change of Name Deed will still be required, however the Deed will either need to be signed by everyone with parental responsibility, or the others will need to give their consent, with you signing the Deed on the child’s behalf. If you are the only person with parental responsibility, no further consents will be required and you will simply need to sign the Change of Name Deed on behalf of your child.
Statutory Declarations
What is a Statutory Declaration?
A Statutory Declaration is a statement of fact that is generally signed in the presence of a Solicitor or Commissioner for Oaths. A Statutory Declaration can be required for many different reasons; however, they are most commonly required for a change of name or for marriages abroad.
Change of Name
As discussed above, a change of name is generally done by way of a Change of Name Deed. However, in some circumstances, a Statutory Declaration will be required instead. Examples are when your name was registered incorrectly at birth, or where your change of name requires some further explanation to ensure that there is a proper paper trail, such as where you have been known by a name that is different to your legal name for some time.
We will prepare the Statutory Declaration on your behalf and you will then need to sign the Declaration and ‘swear’ it in front of an independent Solicitor or Commissioner for Oaths.
Marriage Abroad
If you are due to marry abroad, most countries require a Statutory Declaration to state that you are free to marry before you enter the country.
Your travel agent should be able to advise you on the specific requirements of the country in which you are getting married and provide you with an example of the document required by that country. We will then be able to prepare the Statutory Declaration to meet the specific requirements of that country and this will then be signed by you and ‘sworn’ in front of an independent Solicitor or Commissioner for Oaths.
Contact Us
If you would like to discuss the preparation of a Change of Name Deed or Statutory Declaration, please do not hesitate to contact Becky Hulmes in our family department on 01782 652310 or becky.hulme@tinsdills.co.uk who will be pleased to assist you.
If you have a child that is under the age of 18, you may wish to appoint a legal guardian to look after them should you die before they reach the age of majority.
A guardian will look after your child’s everyday needs, make important decisions about their education and health and often manage their financial assets. The guardian will acquire parental responsibility for the child and will be required to take parental decisions in your absence.
If no guardian is appointed, and a child’s parents die, it will be for the court to decide who should care for the child, and this may not reflect your wishes, and in extreme circumstances may result in your child being placed in the care of the Local Authority should no appropriate carer be identified.
Who can appoint a legal guardian?
Any person with parental responsibility can appoint a guardian. A child’s birth mother will automatically have parental responsibility for the child. Further, if a person is married to or in a civil partnership with the child’s mother at the time of the child’s birth, they will automatically acquire parental responsibility, as would being registered on the child’s birth certificate.
If the above circumstances do not apply and parental responsibility is not automatically acquired, there are a number of ways in which parental responsibility can be obtained, including, but not limited to:
Marrying or forming a civil partnership with the child’s mother after the birth;
entering into a parental responsibility agreement;
through a court order; or
by becoming the child’s guardian
Whilst it is recommended that an agreement is reached between parents as to who should be appointed as guardian in the event of both parents death, in cases where parents are separated, this can not always be achieved. If more than one guardian is appointed and both parents die, the guardians will have to make joint decisions in respect of the child’s upbringing. If no agreement can be reached between the guardians, the court may be required to step in.
What if I have children from a previous relationship?
In circumstances where a parent has children from a previous relationship as well as a current one, difficulty can arise where the parent wants all of their children to remain together should they die.
In this case, if the parent of a previous relationship is alive and is the only remaining person with parental responsibility, the legal guardianship will not come into effect and, unless there are good reasons why the other parent should not care for the child, the child of that relationship will be placed in their care.
Should it be the case that you wish for your new partner to have responsibility for all of your children, provided you are married or in a civil partnership, it is possible for them to acquire parental responsibility for the children from a previous relationship in two ways:
by entering into a parental responsibility agreement. This will require the consent of everyone who has parental responsibility for that child; or
through an order of the court.
Provided parental responsibility of the step-parent is acquired, should you die, parental responsibility will be shared between your current partner and the child’s other parent. If parental responsibility is not acquired, your new partner will have no legal right to make decisions in respect of the child, unless they were to obtain a court order to that effect.
Who should I appoint as the guardian?
There are a number of important factors to consider in deciding who you should appoint as a guardian to deal with the eventuality of your death.
It is important to discuss the appointment with a prospective legal guardian to ensure they understand what the responsibilities are and that they are happy to take on such an important role in your child’s life. Provided they are happy to take on the responsibility, it is worth considering the following to assess their suitability:
whether the prospective guardian have children of their own and how would this impact upon their care of your child;
whether the guardian’s family share similar beliefs to your family;
location – does the guardian live close, i.e would the children need to move school and would they be able to see other family members on a regular basis;
the health and age of the guardian – consider whether the prospective guardian has the physical and mental ability to care for your child;
Financial stability – it is important to consider whether the prospective guardian has the resources to care for another child
It is also important to note that a guardian can appoint another individual to take their place as the child’s guardian upon their death. This may be something that you wish to discuss with the guardian prior to their appointment.
How do I appoint a guardian?
Appointment of a guardian is done by appointing a guardian in your will. If more than one person has parental responsibility for your child, you should agree on who you should appoint as guardian and both appoint that same person.
The guardian can then be appointed by either creating your will or updating your current will.
When does the appointment of a guardian take effect?
The appointment of a guardian will take effect immediately on the death of every party with parental responsibility for the child. The appointment of a guardian will cease automatically when the child reaches the age of 18.
If a Child Arrangement Order was in force, which provided that the person appointing the legal guardian was who the child was to live with, the appointment of the guardian will take effect immediately on this person’s death, but parental responsibility will be shared between the guardian and any surviving parent.
Contact us
If you would like to discuss the appointment of a guardian or wish to create or update your will, please do not hesitate to contact Tinsdills Wills, Trusts & Probate department. Alternatively, if your query relates to the parental responsibility of your children or an application to Court regarding this, please contact Tinsdills Family department.
In these strange and uncertain times often the first question our clients are asking after “How do I keep my family safe?” is “What happens with regards to existing contact arrangements?”.
At this stage, the Government have stepped up their plan in attempting to control the speed of the Coronavirus (Covid-19) spreading. During the Prime Minister’s address to the nation on Monday, 23rd March 2020, advice was given to the general public urging people to stay at home.
Advising that we should:
• only go outside when absolutely necessary for food, medicine, essential work or exercise; • to stay 2 metres away from other people, and; • to wash our hands as soon as we get home.
But what does this mean for those families whose children spend time between two parents, either as a result of agreed contact arrangements or as a result of a Court Order?
Whilst we are all learning how to adapt, Government guidance remains that children should not normally be moving between households, it is, however, recognised and accepted that this may be necessary where there are children who are under 18, and who need to move between separated parents. At this stage therefore, this travel is permitted.
All parents know that children benefit from a routine, and it is clear that that routine will now look very different to how it was just one week ago. That routine includes maintaining contact with the separated parent in the usual way, assuming of course it is safe to do so. At present, unless there are justified medical/self-isolation issues, or further guidance is released from the Government, children should maintain their usual routine of spending time with each of their parents. Cafcass state that “all child arrangement orders should be complied with unless to do so would put your child, or others at risk”. Should it not be possible for this routine to be maintained, then as always, communication is key either directly with the co-parent, or through a third party if necessary.
We understand that this is a particularly stressful time for parents, and a lot of questions remain unanswered. Rest assured, we are here to give you guidance when required, and all our dedicated Family team can be contacted as usual during these challenging times. We will also update this information where appropriate and in line with any further Government advice.
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