Free Family Law Legal Tips

Financial 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.

Joint Bank Account Overdrafts

If you have an overdraft facility on a joint bank account with your estranged spouse, it may be prudent to review it. You should consider removing or capping the overdraft facility.

This can prevent your spouse from running up the overdraft. Both parties remain responsible for the debt, even if only one person uses it.

Credit Card Second Holders

If your estranged spouse is the second holder on credit card accounts registered to you, you may wish to act. It may be prudent to cancel the second card holder.

This ensures your spouse cannot build up credit card debt in your name.

Decree Absolute and Financial Matters

If you obtain Decree Absolute and finalise the divorce without resolving financial matters, risks remain. Your ex-spouse can still issue Court Proceedings.

This can happen many years after the divorce. Claims can be made at any time in the future.

It is therefore important to obtain a Consent Order or Court Order. This formally resolves financial matters and prevents future financial claims.

Financial Settlement Support

At Maria Fogg Family Law, we can fully advise you regarding a financial settlement. We can also negotiate a settlement on your behalf.

Any agreement reached would be placed into a Consent Order. Once approved by the Court, it becomes legally binding.

Preparing Financial Information

If you are considering or planning to divorce, preparation is important. You should compile a full list of finances.

Include both your spouse’s and your own:

• Capital assets
• Income
• Debts
• Pensions

Ensure valuations are up to date. This preparation helps keep your legal costs down, as your solicitor will already have the necessary information.

Find out more information legal aid funding here.

Tenancy

Joint Tenancy Explained

When a couple purchases a property together in joint names, it is usually held as a Joint Tenancy.

A Joint Tenancy means that if one party dies, the other automatically inherits the property. Neither party can leave their share of the property to anyone else in their Will.

Severing a Joint Tenancy

A Joint Tenancy can be severed. This creates a Tenancy in Common.

A Tenancy in Common allows either party to leave their share of the property to anyone they choose in their Will.

However, there are risks. If the Joint Tenancy is severed and your estranged spouse or partner dies, you may not inherit the property.

At Maria Fogg Family Law, we can draft the documents required to sever the Joint Tenancy.

Property in a Sole Name

If a home or property is purchased in your spouse’s or partner’s sole name, you must act quickly. It is very important to seek immediate legal advice.

You may need to register your matrimonial or financial interest against the property at HM Land Registry. This prevents your spouse or partner from selling or remortgaging the property.

Such actions could otherwise defeat your claim.

At Maria Fogg Family Law, we can advise you, draft the necessary documents, and register your interest at HM Land Registry.

Disposal of Assets

If you believe your estranged spouse is removing, transferring, giving away, or disposing of property or assets, you should seek urgent legal advice.

These actions may be attempts to prevent you from making a claim against matrimonial assets.

Injunctions and Freezing Orders

You may need to issue Court Proceedings. This can obtain an Injunction or Freezing Order.

These orders prevent the sale or disposal of assets. They help preserve assets so you can make a claim against them.

At Maria Fogg Family Law, we can advise you, draft the necessary legal documents, and make an application to the Court on your behalf.

Find out more information on protecting your interest in property.

Abuse

Understanding Domestic Abuse

Both men and women can suffer domestic abuse. Domestic abuse covers a wide range of behaviour.

This includes:

• Pestering
• Harassment
• Intimidation
• Threats
• Violence
• Emotional abuse
• Financial abuse
• Sexual abuse
• Verbal abuse
• Constant telephone calls
• Text messages

Reporting Abuse

To protect yourself and your family, you should report all incidents to the Police. They are under a duty to investigate.

They can caution or charge the perpetrator where appropriate.

You should also seek immediate legal advice regarding injunctions. At Maria Fogg Family Law, we can offer legal aid, subject to eligibility.

We can provide advice and draft the necessary documents. We can also make an application to the Court for an injunction to prevent further abuse.

Protective Court Orders

A Non-Molestation Order prevents further abuse.

An Occupation Order can allow the victim to remain in the home with the children. It can also order the perpetrator to leave the property.

In some cases, we can carry out this work at legal aid rates. This helps those who are not financially eligible for legal aid.

Find out more information on our Liverpool based Domestic Abuse and violence here.

Health

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.