R A Savage & Co, Family Solicitors Blog

After Divorce: when you get a new partner

Your divorce has been finalised and you have begun to heal and move on with your life. One or both of you may have met someone new and be wondering how your current relationship might affect any arrangements in your divorce, such as maintenance payments.

Alongside the divorce process, if an application is made or an agreed consent order is lodged, the courts can look at your assets, income and circumstances and decide on a fair division based on the needs of the couple and any children. In cases where an ex-wife (and it is most commonly an ex-wife) has no income; for instance she has been a stay at home Mum, or an income substantially lower than her ex-husband's, the court may make a spousal maintenance order. But what if subsequent to this, the person in receipt of maintenance begins to live with a new partner? This can be a tricky issue, with an ex-husband feeling aggrieved that he must continue to pay maintenance if his ex-wife is now living with someone else.


My Relative is not Capable of Making Decisions Part Two: Making an Application to the Court of Protection

In the first part of this series we outlined steps you can take if your loved one lacks mental capacity. If this is the case, you may need to apply to the Court of Protection to become that person's deputy and make decisions on their behalf. In some cases, you will have to apply for permission to make an application to the Court of Protection before you can apply. This usually relates to applications about personal welfare rather than property and financial affairs. You will need to fill in one of a number of forms depending on what kind of application you want to make and you will need to pay a Court fee of around 400 pounds.

Is it an Emergency?

Most applications to the Court of Protection can take up to 16 weeks to process. If you believe the situation is an emergency; for example relating to urgent medical care, then an application can be made to the Court of Protection as an emergency and will be considered within 24 hours.


My Relative is not Capable of Making Decisions Part One: What is the Mental Capacity Act?

In our previous post we explained the role of a Lasting Power of Attorney (LPA), which can be set up to ensure an individual's wishes are followed in the event they are no longer capable of making decisions for themselves. But what happens if you believe your loved one is not able to make decisions and they have not already arranged an LPA?

The Mental Capacity Act Explained

The Mental Capacity Act and accompanying framework were set up for situations where a person does not have the capacity to make their own decisions. This might be the case for a person who has learning disabilities, an illness affecting mental health, an accident or injury or a condition such as Alzheimer's and other forms of dementia. The Mental Capacity Act gives the Court of Protection a range of powers which can include deciding whether a person does lack capacity; appointing deputies to act on a person's behalf; making decisions about property, finances and care and making decisions about Lasting Powers of Attorney.


Lasting Power of Attorney - What Do I Need to Know?

What is a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is a legal document which you can use to appoint a person (called an attorney) to make decisions and act on your behalf if you are no longer capable of doing this yourself. There are two types of LPA, and you can make one or both:

  • Property and Affairs ? This covers your finances, such as paying bills, selling property and collecting any benefits. A property and affairs LPA can be used immediately, with your permission, once it has been registered.


The New Child Maintenance Service: How will it Affect You?

In June 2014, the Child Maintenance Service (CMS) took over all new applications for child maintenance, as the old Child Support Agency (CSA) is phased out. The new system has been designed to make administering maintenance payments faster and more efficient by using data from HMRC. Other changes include annual reviews of the circumstances of the parent who is paying maintenance and assessments based on gross rather than net income.

Whilst many have welcomed these attempts to improve the widely-criticised CSA, there has also been some controversy over some elements of the reforms; in particular the introduction of application and collection charges for using the service. These only apply if the separating parents are unable to make a 'family-based arrangement' ? that is, come to an agreement regarding maintenance payments.


Divorce, Separation or...Annulment? When Is Annulment the Best Option?

Annulments are rare, but there are some instances where they might be the most appropriate option if your marriage has come to an end. They can be sought at any time, unlike in divorce where you have to have been married at least a year before you can apply to begin divorce proceedings. A further advantage is that they can be an alternative for those who oppose divorce on religious grounds. Unlike divorce, annulments have to go to court where you will need to give evidence to a judge.

Under What Circumstances Can I get an Annulment?

You need to prove one of two things: your marriage is either void or voidable.


Making a Will Part Three: Choosing an Executor

In the first two parts of this series on making a will, we explained why you need to make and will and gave an overview of the process. When making your will, you will need to decide who will be the Executors. This is an important decision, and there are a few things you should think about before you make your choice. Read on for more information.

What does an Executor Do?

An executor's job is to make sure your wishes as specified in your will are carried out after your death. It can be a long and complicated process, potentially involving some of the following: