Solicitors in Bournemouth’s Guidance on the Civil Partnership Act
The status of a civil partner is comparable with that of a spouse, so employers must treat married employees and civil partner employees in the same way. For example, an employer who makes a benefit available to the spouse of an employee (such as private health care) must make the same benefit available to an employee’s civil partner. An employer who treats a civil partner less favourably than a married person in similar circumstances runs the risk that the employee will succeed in a claim for discrimination.
The law makes it clear that more favourable benefits, such as pension survivor benefits, can be conferred on civil partners and married persons to the exclusion of others who do not have such a status. The exemption allowing married people to be awarded more favourable benefits remains in respect of service which predates the introduction of the Civil Partnership Act, however.
Civil Partners With Children
The civil partner of a person with a child under six years old, or a disabled child under 18, also has the right to request flexible working arrangements. The employer has a duty to consider seriously the request by the employee to change his or her working pattern.
The civil partner of the mother of a child is entitled to receive statutory paternity pay and to take statutory paternity leave in respect of that child. Where civil partners adopt a child together, one partner is entitled to take adoption leave and receive statutory adoption pay and the other can take paternity leave and receive statutory paternity pay.
Emergencies and Unpaid Time Off Work
In addition, all employees are entitled to take a reasonable amount of unpaid time off work to deal with emergencies involving a dependant and not to be dismissed or victimised for doing so. The emergency must involve a dependant who is a child, parent, husband, wife, partner or other household member or somebody for whom the employee has primary caring responsibility. This right also includes civil partners.
The Advisory, Conciliation and Arbitration Service has published useful guidance on this area of the law. Download it here
Please contact us for any more information on 0844 874 5377
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Leave Money To Charity In Your Will and Get Reduced Inheritance Tax
Sir Richard Branson has pledged to give away 10 per cent of his wealth to charity.
The Virgin founder is joined by Carphone Warehouse co-founder Charles Dunstone and other wealthy entrepreneurs to give the bequest as part of the Legacy 10 intiative. The objective of this is to get 10 per cent of the UK population giving away 10 per cent of their estate to charity in their wills.
As of April 2012 any estate which leaves at least 10 per cent of its value to a charitable or cultural cause will enjoy a reduced inheritance tax rate, from 40 per cent to 36 per cent. Please ask us at Solicitors in Bournemouth about any legacy issue or inheritance tax issues you may have.
Special Wills Offer January 2012 For First 7 Clients
Last New Year’s Eve, Nigel Pargetter from the Archers plunged to his death from his rooftop, leaving wife Elizabeth, a widow and two sons fatherless. Although a fictitious accident, it’s the sort of accident that does happen.
Solicitors In Bournemouth handles wills for many people that are young, fit and healthy. It often takes a life changing event to get them to have a will written, (a marriage, children or health scare) but in reality, this shouldn’t have to be the case.
It’s essential to have a will and many people looking for a New Year’s resolution might, I suggest, look at getting a will written as a worthy resolution. It’s easier to put things off but you’ve got to have one at some point, so why not now?
Taking action is always more difficult than just thinking about taking action. I like to make it as easy as possible to take action and I’m offering a half-hour consultation free to the first 7 people that want to get a will written this January.
So if you are finally ready to get a will sorted out please call me so we can help you and your family. It will bring you peace of mind – Solicitors In Bournemouth guarantees it!
March 30th - Hope for Grandparents In Divorce Cases
Grandparents often lose out when couples get divorced. But the Government is now looking to introduce Parenting Agreements that will set out explicit contact arrangements for grandparents.
It is hoped that these may be used as evidence in court if the divorced partners don’t stick to the arrangements.
The recommendation comes as a result of the review of the family justice regime commissioned by the Government and led by David Norgrove, a former civil servant.
In 2009, 113,949 divorces were registered in England and Wales. Around 33% of couples divorce before their 15th anniversary, compared with just 20% a generation ago.
Ministers see that Grandparents often play an important role especially when children have been hit by a divorce. And there are other proposals such as the legal right for children to choose which parent to live with and when they want to see other family members, that could be introduced. This is in addition to possible forced mediation for parents getting divorced.
Grandparents have no rights with regard contact with grandchildren and it has been suggested that as many as 50% of grandparents never see their grandchildren again after a divorce.
The Children Act 1989 gave contact powers to step-parents, but not grandparents.
While the agreements will not be legally binding, it is recommended they can be used as evidence in a civil court if agreed access is denied.
The proposals will now go out to consultation.
For divorce information in Bournemouth please contact help@SolicitorsInBournemouth.com or call us today.
Bournemouth Conveyancing News
STAMP DUTY LAND TAX: RATES AND THRESHOLDS CHANGE APRIL 6TH 2011
Who is likely to be affected?
Purchasers of residential property at over £1 million.
What has changed?
TheLegislation in Finance Bill 2010 will introduce a higher stamp duty land tax (SDLT) rate of 5 per cent for purchases of residential property where the consideration exceeds £1 million.
When does it start?
The new higher rate will apply to residential purchases where the effective date (normally the date of completion) is on or after 6 April 2011.
What's the current law and proposed revisions?
At present the highest SDLT rate of 4 per cent applies to purchases where the consideration exceeds £500,000. A measure will be included in Finance Bill 2010 to add a new rate of 5 per cent for transactions in residential property where the consideration for the transaction exceeds £1 million.
March 24th 2011
Credit Card Companies Know When You Are Going To Get Divorced Before You Do!
Marissa Mayer, a Google vice-president, said recently that credit card companies can predict with 98% accuracy, almost two years in advance, when a couple is going to divorce. They can do this based simply on spending patterns.
Aside from the “Big Brother Is Watching You” concerns, this seems to be an early-warning signal that could be of great use to married couples!
Perhaps credit card companies would put the warning on the bottom of statements...”Your spending habits indicate you are 98% likely to get divorced within the next two years...seek marriage guidance at www.relate.org.uk”
Perhaps certain products will also have a “divorce warning” plastered on them. Things like gyms, clothes shops, cosmetic beauty parlours, jewellery outlets and maybe roadside motels. Facebook is also being used in divorce cases now to provide evidence.
The world has changed much in the last 10 years. But one thing is certain. The need for good legal advice is and will always be part of the divorce process. And that’s why we are here. To provide divorce advice in Bournemouth.
November 16th 2010
The Government want to stop legal aid for divorce lawyers. This means that people who want to go to court who currently get legal aid will have to pay for their own advice.
It’s likely to mean that the “before the event divorce insurance” market will grow in the UK, as it has in the United States. And this seems to be what the Government wants.
Jonathan Djanogly, who works on the ministerial team, said: 'Couples are too ready and too willing to run to the courts. We think there can be a wider market in before-the event insurance. We would be creating a new market, but we want to see a market.'
The decision to end legal aid for divorce comes hot on the heels of last month's Supreme Court judgment that gave legal weight to prenuptial agreements. Many couples will now be want pre-nuptial agreements to prevent large legal bills arising in case of divorce.
However, a pre-nup can’t guarantee against legal bills that arise in the event of a split.
But a prenuptial agreement should reduce bills because there is less to argue about.
It is also likely that many divorce and family cases can be kept out of the courts and be dealt with by mediation and agreement.
Divorce insurance has been available since 2005 in the US. It is now available in Britain through, Divorce Cover Limited.
Premiums are about £750 for a one-off policy – and there’s a monthly standing order of around £10 for the length of the marriage. Perhaps couples will get used to seeing such a standing order between the SKY TV and BT payments. Perhaps not.
Those who can show they have less than £8,000 in ready cash can currently get legal aid for their divorce, and those with less than £3,000 can have their full legal bill paid by the state.
The Coalition plans will still allow for legal aid to help people in divorce cases when domestic violence , child abduction, or forced marriage allegations are made.
140,000 marriages end in divorce every year. That’s still 1 in 3.
Call us at Solicitors In Bournemouth for fixed fee divorce help
Ensure You Have A Clean Break Clause In Your Divorce Agreement. Otherwise You Could End Up Losing £2 Million Like Mr Page.
One of the biggest Lottery jackpot winners, Nigel Page, has been ordered to pay his former wife £2 million, more than a decade after they divorced.
Nigel Page, and his new partner Justine won £56 million in the Euromillions draw in February.
But Mr Page is now £2 million lighter as an out of court settlement has forced him to pay his ex-wife Wendy in an out-of-court settlement. Allegedly she was looking for £8 million, however, Mr Page agreed to pay £2 million to prevent legal action.
Mr Page's first wife, left him for another man in 2000. She is understood to have launched a claim when learning that he had shared winnings with relatives.
Mr Page is the first British Lottery winner to be successfully sued for a share of his prize.
Mr Page's former wife was most probably successful because their divorce agreement did not include a “clean break” clause. This would have prevented his ex-partner making a claim to future earnings or wealth.
For details about Clean Break Clauses and Divorce please contact SolicitorsInBournemouth
Friday 28th January 2011 - Stamp Duty Rise For £1m Plus Properties
If you are buying a property over £1 million in value in the Bournemouth area then it may pay to get your skates on!
The Finance Bill (2010) increased the Stamp Duty Land Tax (SDLT) rate to 5 per cent for purchases of residential propery over the million pound level.
This higher rate comes in if completion of the purchase is on or after 6 April 2011.
Currently the SDLT rate of 4 per cent in in place where a purchase is more than £500,000.
If you are looking for
conveyancing in Bournemouthfor high-value property then get in touch and we will do all we can to save you and extra £10,000!
Here's our
Full Conveyancing guide explaining every thing we do.
February 7th Divorce judge orders car crash amputee to hand over more than half of his £500k compensation to ex-wife of five years
You may have seen in the news about a disabled man who is fighting to protect his £500k compensation pay-out for his lost limb. The judge made a divorce ruling that said his ex-wife should receive half of his compensation pay-out – which is his only means of support.
Kevin Mansfield is contesting the ruling. He met his ex-wife five years after he received his compensation payout.
Mr Mansfield’s barrister Alan Barton said that the judge paid too much attention to 'the ideal situation that the wife would like'. He went on to say that the judge 'ignored his needs as a disabled man'.
'Where a wife marries a husband who is seriously disabled, and all the assets come from his damages, how far do his needs as a disabled man have any priority over the ideal situation that the wife would like to be in?'
Mr Mansfield, outside the court after the hearing, said it was an important day for disabled people who find themselves embroiled in divorce proceedings.
'I'm actually really shy but this is such an important case. I want everyone to know the same could happen to them.
'It could happen to any war vet coming back from Afghanistan. They could get compensation, then meet someone years later and have it taken away,' he said.
Mr Barton also spoke of the importance of the case and the reasons he brought it to court.
'It is a very unusual case. There have only been three cases involving similar situations in legal history, and nothing exactly like this before,' he said.
'It is much more difficult for a disabled person to go through a divorce than an able-bodied person, especially when, as in this case, there are young children involved. Which comes first - your injuries or the children?' Mr Barton added.
The full hearing will now take place before three judges at a date yet to be set unless the warring ex-couple can settle their differences in the meantime.
Read more: http://www.dailymail.co.uk/news/article-1354470/Divorce-judge-orders-crash-amputee-hand-500-000-compensation-ex-wife.html#ixzz1DHQsaxWp
If you are considering separation or divorce and would like to discuss any issues then please call us as your local Bournemouth experts.
