The post Divorce Process – News Update appeared first on Bose Legal.

This article will explain how Bose Legal can assist you during your troubled times, and how our service differs to instructing solicitors via a law firm. 

If you require any information in the meanwhile, please feel free to email us on info@boselegal.co.uk or text/call on 07539 744144.

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If you have any queries in the meanwhile, please do not hesitate to email us on info@boselegal.co.uk or call or text us on 07939 744144. 

The post Change of Name appeared first on Bose Legal.

If you have any queries in relation to this or any other family law matter, please do not hesitate to contact us on info@boselegal.co.uk or via text or phone on 07539 744144. 

The post Same-Sex Marriages & Civil Partnerships appeared first on Bose Legal.

In the meanwhile, if you have any queries about this concept, please feel free to contact us on info@boselegal.co.uk or via text/call on 07539 744144.

The post Parental Responsibility appeared first on Bose Legal.

Special Guardianship Orders allow the Special Guardian to have Parental Responsibility over the child however does not extinguish the relationship between the child and their parent. A Special Guardian is not deemed to be a parent, nor are they classed as a substitute for a parent.

The Special Guardianship status provides more of a legal status than for a non-parent being named in a Child Arrangements Order and generally, they are permitted to make decisions for the child to the exclusion of the parents or any other individuals with parental responsibility. They are not permitted to make decisions to the exclusion of others in the following circumstances though:

• If there are other individuals in whose favour a special guardianship order has been made, they are not allowed to make decisions about the child without their agreement;
• Where any decisions which require the consent of all individuals with parental responsibility;
• Where it might interfere with any rights the parents have to make decisions regarding adoption or placement for adoption;
• If an adoption agency has restricted the exercise of decision-making by a Special Guardian where there is an Adoption Placement Order in force;
• Where a local authority determines the extent to which a Special Guardian may meet their parental responsibility in cases where a care order is made thereafter; and
• Where the consent by all persons with parental responsibility or permission from the Court is required before changing the child’s surname or removing the child from England and Wales for a period of more than three months

The Court can only make a Special Guardianship Order in relation to children who are minors and can only be made in favour of individuals or couples, whether they are married or not, who are over the age of 18. A Special Guardianship Order cannot be made in favour of public bodies such as local authorities. The Local Authority do however have to prepare a report on the suitability of the applicant to become a Special Guardian to the child or children in question. A Special Guardianship Order cannot be made without this report.

The Court are required to determine whether the granting of a Special Guardianship Order would be in the child’s best interests, bearing in mind that the child’s welfare would be the paramount consideration of the Court. The Court would also need to determine whether the making of an order is better than no order being made at all.

If you would like more information on applying for a Special Guardianship Order, please feel free to contact us on info@boselegal.co.uk or 07539 744144.

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Currently, and for the last 50 years, the divorce system has worked on the basis that the only ground for divorce is that the marriage has irretrievably broken down together with one of five facts as follows;

1. Unreasonable behaviour of the other party
2. Two years separation with consent
3. Five years separation without consent
4. Desertion
5. Adultery

All facts except for 2. Two years separation with consent, require blame to be placed on the other party and as history has shown, this has usually led to acrimonious divorce cases where one party has had to resentfully shoulder the blame for the marriage breakdown.

Under the existing divorce laws, couples have to be married for at least one year before they can divorce and this same rule will continue to apply moving forwards. The same ground for divorce will also remain as the irretrievable breakdown of the marriage.

The new proposals include the removal of the existing right to contest/defend a marriage therefore if the respondent to the marriage disagrees with the divorce going ahead, they will soon be unable to contest/defend the divorce if they are doing so as a form of coercion or controlling behaviour. They can contest the divorce on the legal validity of the marriage, jurisdiction, fraud, coercion and procedural compliance. There is also the option for the respondent to the divorce filing for divorce too.

A minimum timeframe will be introduced for six months from petition stage to final divorce which is a timeframe that was non-existent previously and where parties could divorce sooner than six months. The meaning behind the introduction of the minimum timeframe is in order for the separated couple to ‘feel’ divorced at the stage of their Decree Nisi, and thereafter have a minimum of six weeks to really reflect upon whether a divorce is really what they want.

The purpose behind these new proposals is not to make divorce ‘easier’ but to afford the parties a better opportunity to resolve their issues and potentially reconcile as opposed to placing blame on the other. This will increase the chances of a more amicable ending and enable separating couples to resolve outstanding issues related to finances and/children matters in a more harmonious manner.

Justice Secretary David Gauke said:

‘Hostility and conflict between parents leave their mark on children and can damage their life chances. While we will always uphold the institution of marriage, it cannot be right that our outdated law creates or increases conflict between divorcing couples. So I have listened to calls for reform and firmly believe now is the right time to end this unnecessary blame game for good.’

Aidan Jones OBE, Chief Executive at relationship support charity, Relate said:

‘This much-needed change to the law is good news for divorcing couples and particularly for any children involved. The outdated fault-based divorce system led parting couples to apportion blame, often resulting in increased animosity and making it harder for ex-partners to develop positive relationships as co-parents.

As a large body of evidence shows, parental conflict is damaging to children’s wellbeing and chances in life, whether the parents are together or separated. It’s good that the government has listened and taken action on this, demonstrating commitment to reducing parental conflict.

While divorce isn’t a decision that people tend to take lightly, we do support the extension of the minimum timeframe which will allow more time to reflect, give things another go if appropriate, and access support such as relationship counselling or mediation.’

At present, it is unknown when the new proposals will be implemented however we will keep you informed via our website and social media platforms.

In the meanwhile, if you require any advice in relation to divorce or any other aspect of Family Law, please do not hesitate to email us at info@boselegal.co.uk or contact us via text/call on 07539 744144.

The post Divorce Reform – The end of the ‘blame game’ appeared first on Bose Legal.

In the meanwhile, if you have any queries on this subject, please contact us on info@boselegal.co.uk.

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A marriage can be either void or voidable if it is not valid.

A marriage that is void where;

• The parties are within the prohibited degrees of relationship i.e. if the parties are related by blood, half blood or affinity (relationships by marriage). Please contact us for more details if you are unsure
• Either party is under the age of sixteen
• The parties have disregarded certain requirements as to the formation of the marriage
• Where a polygamous marriage entered outside England and Wales, that either party was domiciled in England and Wales at the time of the marriage

If any of the above exists, then the court would treat this marriage as though it did not ever take place. It will therefore not be legally recognised as a valid marriage and you do not need to make an application to Court to annul the marriage.

A marriage is voidable where;

• There is incapacity to consummate the marriage by either party (contact us for more details on this given that a impotent husband or wife can petition for an annulment on the basis of their own impotence unless they were aware of it at the time of the marriage or where it is unjust, in all the circumstances, to force a nullity decree against the responding party’s wishes). Please note same-sex couples cannot use this ground.
• Where there has been wilful refusal to consummate the marriage
• Where there has been a lack of consent to enter into the marriage such as undue pressure/duress, mistake or unsoundness of mind or otherwise
• Where one of the parties had a form of mental disorder within the meaning of the Mental Health Act 1983 of such a kind or to such an extent as to be unfitted for marriage.
• Where one of the parties had a venereal disease (sexually transmitted disease) at the time of the marriage and was able to communicate this to their prospective spouse
• If one of the parties was pregnant at the time of the marriage by someone other than their prospective spouse
• If, after the time of the marriage, an Interim Gender Recognition Certificate was issued to either party provided the proceedings for an annulment took place within six months of the issue of the Interim Gender Recognition Certificate
• The respondent is a person whose gender at the time of the marriage had become the acquired gender under the GRA 2004. The petitioner must satisfy the court that they were ignorant of this fact at the time of the marriage. 
• A marriage which results from the conversion of a civil partnership is voidable if any of the following applied at the date at which the marriage is treated as having subsisted, in accordance with Section 9(6) of the Marriage (Same Sex Couples) Act 2013 (M(SSC)A 2013).

In the above circumstances, you would need to make an application to the Court to annul the marriage.

There is no requirement to wait for at least one year to petition for an annulment as there is with divorce, therefore you can commence an application within a year of marriage if you so wish. However, where you are relying upon the grounds of lack of consent, mental disorder, venereal disease, pregnancy or acquired gender, a petition must be presented within three years of the date of the marriage unless you have permission from the Court to commence proceedings after.

Where the ground relied upon is the issue of an interim gender recognition certificate under the Gender Recognition Act 2004 (GRA 2004) proceedings must be issued within six months of the issue of the certificate.

Where proceedings are commenced on the ground that at the time the Respondent was suffering from a mental disorder within the meaning of MeHA 1983 of such kind or to such an extent as to be unfitted for marriage, please contact us for advice on the restrictions on what you can do and what you are not permitted to do.

The overall procedure for applying for an annulment is very similar to the divorce procedure. The annulment petition can be found here. We suggest that if you are looking to commence these proceedings, you seek legal advice on the process from ourselves or from a family solicitor to avoid any issues and delay.

If you need further advice, please do not hesitate to contact us at info@boselegal.co.uk or text/call on 07539 744144.

The post Annulments appeared first on Bose Legal.

It is important to note that living with someone for a long period of time does not automatically entitle you to financial support from them, or a share of the property, if you were to separate from them and you are un-named on the property.

If a dispute arises as to financial matters, it can prove to be costly and take a long time to sort out.

In short form, that is the basic position unless there is some form of an agreement in place saying otherwise.

It is our recommendation that you have what is called a ‘cohabitation agreement’ in place, should you decide to live with your partner, or you have been living with them for some time, with no intentions to marry in the near future.

The following are issues you may wish to clarify within your cohabitation agreement;

• how your home is shared and owne;, especially if only one partner is named on the title deeds.
• Who will pay which bills
• If either of you will make provision for the other for pension payments
• Clarity over who owns what personal possessions including cars, furniture etc
• If you have children, it might be an idea to discuss what would happen in the event of a separation i.e. who will care for the children and who would pay for their major outgoings such as school fees etc.

In terms of the law and rights that cohabitants have, we have confirmed that they do not have the same rights as spouses, and as such, do not have the same legal rights. However, if a dispute were to arise then a dispute concerning property would need to be determined by how the property is owned and whether there is in existence any trust. You may not know whether a trust exists or not and as such, it would be our strong recommendation for you to seek legal advice with regards to your position, The law surrounding this aspect can be complex and for peace of mind and clarity, specialist legal advice may well be the best way forward for you to understand your position more clearly.

If you are in need of advice regarding your position, please feel free to contact us on info@boselegal.co.uk or via text or call on 07539 744144.

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