Legal Tips

Legal Tips

At Maria Fogg Family Law we have put together useful information so that you can take steps to protect yourself, your family and the matrimonial assets.

  1. If you have an overdraft facility on a joint bank account with your estranged spouse, it may be prudent to remove or cap the overdraft facility to prevent your spouse running up the overdraft leaving both parties responsible for the debt.
  2. If your estranged spouse is the 2nd holder on a credit card(s) registered to you it may be prudent to cancel the 2nd card holder to ensure your spouse does not run up the credit card debt.
  3. If your estrange spouse is the nominated person to receive the death in service benefit in the event of you death from your pension, it may be prudent to consider changing the nominated person for the death in service benefit.
  4. If you die without making a will before you are divorced, your estranged spouse, as your next of kin, will inherit from you automatically under the Rules of Intestacy. If you do not want this to happen it is prudent to make a will to prevent the Rules of Intestacy applying.
  5. When a couple purchase a property together in joint names the property is generally hald as a Joint Tenancy. A Joint Tenancy means that if either party dies the other party will inherit the property and neither party can leave their share of the property to anyone under their Will. The Joint Tenancy can be severed to create a Tenancy in Common. A Tenancy in Common allows either party to leave their share of the property to whoever they wish in their Will. However if the Joint Tenancy is severed to create a Tenancy in Common and your estrange spouse or partner died you run the risk that you may not inherit the property. At Maria Fogg Family Law we can draft the documents to severe the Joint Tenancy.
  6. If there is a home or other property purchased and it is registered in your spouses or partners sole name, it is very important that you seek immediate legal advice to register your matrimonial or financial interest against the property at H M Land Registry to ensure that your spouse or partner cannot sell or remortgage the property thereby defeating your claim against such property. At Maria Fogg Family Law we can advise you, draft the necessary documents and register your interest against such property at H M Land Registry.
  7. If you have good reason to believe your estranged spouse is removing, transferring, giving away or disposing of property or other assets to prevent you making a claim against matrimonial assets you should seek immediate legal advice as you may need to issue Court Proceedings to obtain an Injunction or Freezing Order to prevent such conduct and the sale or to preserve the assets and to make a claim against those assets. At Maria Fogg Family Law we can advise you, draft the necessary legal documents and make an application to the Court on your behalf.
  8. If you obtain Decree Absolute finalising the divorce without resolving financial matters, your ex-spouse can still issue Court Proceedings to resolve financial matters many years after the divorce and at any time in the future. It is therefore important to obtain a Consent Order or Court Order resolving financial matter to ensure that your ex-spouse cannot make any further financial claims against you in the future. At Maria Fogg Family Law we can fully advice you regarding a financial settlement and negotiate a financial settlement on your behalf. The agreement reached would be placed in a Consent Oder and once approved by the Court would be legally binding.
  9. If you are considering or planning to divorce it is important to make a full list of both you spouses and your own capital assets, incomes, debts, and pensions with up to date valuations of assets. This will keep yur costs down as your solicitor will have the information to hand. At Maria Fogg Family Law we can provide expert advice with regards to financial matters.
  10. Both men and women can suffer domestic abuse. Domestic Abuse covers a wide range of behaviour and includes pestering, harassment, intimidation, threats and use of violence and emotional, financial and sexual abuse, verbal abuse, constant telephone calls and text messages etcTo protect yourself and your family you should report all incidents of domestic abuse to the Police who are under a duty to investigate and can caution or charge the perpetrator. You should also seek immediate legal advice regarding injunctions. At Maria Fogg Family Law we can offer legal aid subject to eligibility and provide you with advice and draft the necessary documents to make an application to court for an injunction to prevent further abuse.A Non-Molestation Order prevents further abuse and an Occupation Order can allow the victim to remain in the home (with the children) and order the perpetrator to leave the property. In some cases we will do this work for you at legal aid rates to help you if you are not financially eligible for legal aid.
  11. You should look after your health. During Divorce, separation or family disputes clients can suffer with stress, anxiety, sleepless nights, loss of appetite and depression. You may need to seek medical assistance from your GP or counselling.

Please contact us for further information and advice.