‘No Fault’ Divorce

Posted 05 November 2020 by Dawn Pennell

Dawn Pennell considers ‘no fault’ divorce It seems that the ‘blame game’ is finally about to end.  At present divorcing couples need to demonstrate that their marriage has irretrievably broken down and are forced to blame each other by saying that their spouse has behaved unreasonably, has committed adultery or deserted them unless they can prove that they have lived apart for two years with the other’s consent or five years without that consent.  This often increases legal fees and animosity at such an early stage making later discussions regarding ...

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Frequently Asked Questions about Family Law

Posted 05 November 2020 by Dawn Pennell

What is ‘no fault’ divorce? A proposed change to divorce law with implementation likely in the Autumn of 2021 whereby couples will be able to petition for divorce without either person having to be held to be at fault.  I have been married for five months – can I get divorced? In order to divorce you must have been married for at least one year.  Can I apply for a divorce if my spouse lacks mental capacity? You can apply for divorce even if your spouse lacks mental capacity and is unable to agree to the divorce or to take part in the proceedings.  Your ...

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Are your affairs really up to date?

Posted 09 September 2020 by Richard Tinkler

Many people, in good faith, believe that their legal affairs are all completely up-to-date when in fact that may not be the case.  Making a will is of course seen as an obvious thing to do by many people, but this is certainly not the only thing which needs to be considered to ensure one’s legal affairs are up-to-date. Here is a checklist of just four things to consider when considering whether your legal affairs are in fact up-to-date:   Have you made a will?  This is of course very important.  Indeed, it is crucial not just to make a will, but to ensure it ...

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Unclaimed Estates in Norfolk published

Posted 04 September 2020 by Richard Tinkler

The Eastern Daily Press has published an article on 2 September 2020 highlighting the numbers of people who have died with an unclaimed estate, who were born or died in Norfolk.   The article shows how a great number of people have died without having made a will and have an unclaimed estate.  Many unclaimed estates will likely be worth hundreds of thousands of pounds, and perhaps even more.   It is also to be expected that many of those who have died may have had beneficiaries in mind to inherit from their estate but did not make a will.   If someone dies witho...

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