Dementia, unfortunately is described as a progressive disease which means that eventually a person will be unable to make decisions for themselves, as they lose mental capacity. The Court of Protection is the Court that makes decisions for people who are unable to make decisions for themselves in relation to their financial affairs and in […]
In short, the answer is no. A court Order is regarded as final and binding. To have achieved the Order all relevant financial information will have been taken into account. However, Orders can be appealed, set aside or you may seek to vary an Order, depending on the circumstances. To appeal an Order you must […]
The Court of Protection is a superior Court created under the Mental Capacity Act 2005. It is primarily based in London, but some cases can be transferred to local Courts for hearings. It has special powers to make decisions in relation to financial affairs and personal welfare issues of a person who lacks the mental […]
It is entirely understandable that when entering into financial proceedings people wish for the parties behaviour to be documented, certainly when you have been the victim of domestic abuse or adultery. Unfortunately, conduct is only considered in exceptional circumstances and where it would be deemed inequitable to disregard it. When asking if conduct will be […]
A Personal Injury Trust is a legal document that permits compensation received from a personal injury to be disregarded for means tested benefits. It can also protect the compensation from being used for care fees in the future, so to maximise inheritance to family. By considering the future, at the outset of receiving compensation, it […]
Who should register a Trust? If you are a Trustee of a Trust then you must register your Trust with the Government’s Trust Registration Service; To make sure that you and the Trust comply with anti-money laundering regulations To get a Unique Tax Payer Reference (UTR), even if the Trust is exempt from Tax You […]
Many parents or carers of a child will have not come across CAFCASS before the issue of Court proceedings. CAFCASS stands for Children and Family Court Advisory and Support Services. They are a Government Agency appointed by the Ministry of Justice, but they operate independently of the Courts, Social Services, Education & Health Authorities, and […]
It is important to note that no Family Lawyer will be able to tell you exactly how your finances will be divided if your matter proceeds through the Family Court. This is because Family Lawyers are not Judges and each case is different. The law gives the Judge that will hear your matter room for […]
On 6 April 2022, the ‘No Fault Divorce’ came into effect which changed Divorce Law so that the reasons for divorce are no longer cited other than that the marriage has irretrievably broken down. If there are no longer details in writing of why a marriage has irretrievably broken down, then does it matter whether […]
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