INFORMATION ON
DIVORCE,
FINANCIAL SETTLEMENTS
AND
DISPUTES REGARDING
CHILDREN
Divorce
and separation is a major step and can have enormous emotional and financial
consequences. We have put together this guide to assist you in understanding
what these might be. However, no two cases are ever the same, so if you have any
queries please speak to the person dealing with your case.
Section
1 - Divorce
Who
can start divorce proceedings?
Anyone
who has been married for over a year, provided one or other of the couple is
either domiciled here or has been resident in
England or
Wales during the preceding year. If either party has
already issued proceedings in another Country then you cannot issue a further
application in
England and
Wales. It does not matter where the couple were married.
On
what grounds can a Divorce Petition be started?
The
only ground for divorce is that the marriage has irretrievably broken down but
there is a complication: divorce will only be granted if one of the five facts
laid down by law proving irretrievable breakdown is established.
What
are the facts?
a) Your
spouse has committed adultery and you find it intolerable to continue living
together.
b) Your spouse has
behaved in such a way that it would be unreasonable to expect you to continue
living together.
c) Your spouse has
deserted you for a continuous period of two years or more.
d) You and your
spouse have been living separately for two years or more and your spouse agrees
to the divorce.
e) You and your
spouse have been living separately for five years or more whether or not your
spouse consents to the divorce.
Timetable – After one
year of marriage
a) Either
spouse may start the divorce. He or she is referred to as “the Petitioner”. The
Petition and Statement of Arrangements about the children (if any) are
completed and sent to the Court together with the Marriage Certificate. A fee,
currently £340.00, is payable unless the Petitioner is being advised under the
Legal Help and Help at Court Scheme, which may result in a full or partial
exemption from payment of the fee upon completion and acceptance by the Court
of a separate application form for which supporting financial documentation is
required.
b) The Court sends
a copy of the Petition, Statement of Arrangements form (if applicable) and an
Acknowledgement of Service form to the other spouse, referred to as “the
Respondent”. A copy of the Petition is also sent to anyone named in an Adultery
Petition. That person may be referred to as a “Co-Respondent”. If the
Respondent (or Co-Respondent) has instructed solicitors the Petition may be
sent to them.
c) Within seven days
of being served with the Petition, the Respondent should return the
“Acknowledgement of Service” form to the Court. The form asks the Respondent
whether or not they intend to defend the Petition, whether or not any claim for
costs is disputed and (if appropriate) whether or not they agree to the
proposals for the child(ren).
d) Within a few
days of receiving the Acknowledgement of Service from the Respondent, the Court
sends a copy of the form of Acknowledgement of Service to the Petitioner’s solicitors.
e) The
Petitioner’s solicitor prepares an Affidavit for the Petitioner to swear
confirming that the contents of the Petition are true. It will also state
whether any circumstances (including those relating to the children) have
changed since the filing of the Petition. The Petitioner will swear the
Affidavit before an independent solicitor (for a small fee) or a permitted
Court Official (without charge) and it will then be sent to the Court with a
request for a date for the first decree of divorce (“Decree Nisi”) to be
pronounced.
f) If no
Acknowledgement of Service is returned to the Court, proof that the Respondent
and any named Co-Respondent have received the Petition will have to be obtained
before the Petitioner can take the next step. This may involve arranging for
someone to deliver the Petition to the Respondent and any named Co-Respondent
personally or exceptionally, obtaining a Court Order that proof does not need
to be given. This is called “dispensing with service”.
g) The District
Judge looks through the papers and if they seem in order gives a Certificate
for the Decree Nisi to be pronounced, together with a s41 Certificate - either
confirming that there are no children of the marriage or there are children and
that the Court is happy with the proposed arrangements for the child(ren)
post-divorce. Whilst it is very rare, the Court can request the attendance of
both parties at Court if it has any queries regarding the child(ren). Both the
Petitioner and the Respondent (through their solicitors if applicable) are then
advised of the date fixed for Decree Nisi. Depending on the Court’s diary, the
date is likely to be a few weeks after the application is lodged. The couple do
not have to attend Court but either may attend if they wish to.
h) The Petitioner
may apply for the final decree (“Decree Absolute”) by sending the appropriate
form to the Court six weeks and one day after the date of Decree Nisi. This
step is not automatic. The decree will be processed and may be available as
quickly as the same day.
i) Three months
after the Petitioner could first have applied for Decree Absolute the
Respondent may apply for the Decree Absolute if the Petitioner has not already
done so.
VERY
IMPORTANT
Despite
the Decree Absolute in the divorce, until there is a Final Court Order
terminating each party’s financial claims against the other, either party can
always claim against the other or from their Estate after death. If you remarry
then your claims against your former husband/wife are automatically terminated
upon your remarriage, although they can still bring a claim against you
provided they have not themselves remarried. Therefore, if you have an
outstanding financial claim against your first husband or wife, do not remarry without first getting legal
advice.
The fees and costs of Divorce
Proceedings
1.
Boyd Carter - Fixed Fee Undefended Divorce
Costs
a) Legal costs for
an undefended divorce, as the Petitioner, are a fixed fee of £900 + VAT plus
Court fees of £385 plus Affidavit ‘swear’ fees of £7 or £9. (‘Swear’ fees are
payable to an independent lawyer or to avoid these specific costs this can be
done at a local Court for no charge.)
b) Legal costs for
an undefended divorce, as the Respondent, are a fixed fee of £450 plus VAT.
PLEASE
NOTE that there are some limited circumstances where costs can exceed the fixed
fee – see below.
What ‘
Boyd
Carter - Fixed Fee Undefended Divorce’ includes:
§ From taking
initial instructions to the final conclusion of Decree
Absolute.
§ An initial
interview of up to an hour (or if you wish we can send you a
questionnaire so that you can provide
information by e-mail or post).
§ Advising you of
the documentation and information we need.
§ Preparing all
of the documentation.
§ Corresponding
with the Court.
§ Corresponding
with the other Party or their Solicitor.
What ‘
Boyd Carter - Fixed Fee Undefended Divorce’ does not include:
§ Where
proceedings are defended.
§ Where the other
Party cannot be found or located.
§ Where either
Party is a non-resident of the
UK.
§ Disputes
relating to children, domestic violence or of a financial nature.
§ Attendance at
Court (very rare)
§ Amending the
papers after they have been issued to the Court.
§ Representing
you in disputes about costs or enforcing costs orders.
Additional costs that you may have to pay on top of the
Fixed Fee:
§ If you do not
have a certified marriage certificate and a duplicate needs to be obtained.
§ If you swear an
Affidavit before a solicitor (rather than before an Officer of the Court, which
is free) they may charge an oath fee of up to £9.00.
§ If the other
Party does not co-operate in returning the Acknowledgement of Service of the
Divorce Petition and it is necessary to either instruct a bailiff to personally
serve them with the documents or to apply to the Court for an order that the
divorce papers are deemed to have been served.
§ If the
government increases the Court fees payable or the rate of VAT which we are
required to charge on our services.
Please
be aware that whilst we are able to represent you in any additional work
flowing from the divorce, such as children disputes, domestic violence or
resolving matrimonial finances, any work that you instruct us to carry out in
these areas is not included
in the fixed fee.
Where
additional services are required outside of our fixed fee scheme, we are happy
to provide these at our usual professional rates. We will give you an
estimate of the costs of providing these additional services so that you are
aware of how much these will be.
2.
Legal costs for a defended divorce are
approximately £2,500 plus VAT and disbursements. Defended divorces are now very
rare.
3.
Legal Help and Help at Court – you may be eligible for this scheme if your net
income (after specified deductions) is below £733 or you are in receipt of a
’passported benefit’, (including Income Support or Income based Job Seekers or
Employment Support Allowance) and you satisfy the capital asset criteria
(currently savings of less than £8,000). Please note that the Statutory Charge
(repayment of legal fees) may apply if there are matrimonial finances to be
resolved.
How long does it take?
This varies from Court to Court. Undefended divorces take
approximately 5 to 6 months. The financial side of divorce may take longer - 6
to 18 months.
Marriage
Guidance
Try to save your marriage -
for guidance and/or counselling contact Relate (0300 100 1234) to help with
your relationship.
Remember:-
- The divorce can be
stopped at any time, up until the point of pronouncement of Decree Nisi,
thereafter it would have to be a mutual decision between yourself and your
spouse that neither of you will apply for the Decree Absolute.
- You cannot remarry
until you have the Decree Absolute.
Judicial Separation
This
can take place where the parties do not wish to divorce, for example on
religious grounds but wish to formalise their separation and be ‘relieved’ of the
requirement to live together. The process is very similar to that for divorce,
save that only one Decree is pronounced – that of Judicial Separation and the
parties remain married.
SECTION
2 – SEPARATION AGREEMENT
This is
an alternative to divorce but may lead to divorce after two years with the
other party’s consent. It does however depend upon both parties obtaining legal
advice and agreeing to sign a document. This is only usually appropriate when
the marriage breakdown is amicable or friendly or within one year of the date
of marriage.
Any
financial agreement can be written into the Agreement and the finances settled
at the time of the agreement or left until the divorce.
Termination
of future financial claims against each other can also be written into the
Agreement.
Any
contact arrangements in respect of children can also be written into the
Agreement.
A
Separation Agreement is not legally
binding upon the parties and will only become so in a future divorce if:-
(i) both parties
have had legal advice;
(ii) there is sufficient disclosure of information to
each other and
(iii) at the time of the divorce the Court considers that
the contents of the Agreement are reasonable.
SECTION 3 – MEDIATION
Since
6th
April 2011 there has been a
change in the law, following the implementation of the Family Procedure Rules
2010, for all parties to attend a Mediation Information and Assessment Meeting
(MIAM) before issuing either Financial Remedy (matrimonial finance) or Children
Act applications. This means that you
are required to attend a session with a Mediator, to discuss the benefits of
Mediation and how the process works, prior to commencing any such Court
application other than for divorce and certain emergency applications.
In
Publicly Funded cases, attendance at a Mediation Assessment Meeting has been a
prerequisite to obtaining Funding for many years.
The
purpose of this new requirement is to see if parties can reach an amicable
settlement/agreement without the need to enter into what can too often be
protracted and hostile Court proceedings. It is far better for former
partners/spouses and parents to reach a workable agreement between themselves
than to have a decision forced upon them, especially as this is only likely to
increase the tension between the parties and with regard to children disputes
the parties will still need to have a ‘relationship’ for many years after the
end of a Court case, especially if their children are still very young.
It
is necessary for both parties to be willing to attend - they cannot be forced
to, although the Court now has the power to stop any proceedings whilst a
referral to Mediation is made, if it is felt that it would be of benefit to the
parties.
Any
Application made to the Court must be accompanied by the appropriate form to
confirm that Mediation has been attempted and either the other party was
unwilling to attend or that the Mediation has broken down. There are certain
exceptions to Mediation, such as cases involving domestic violence where a
complaint has been made to the Police within the last twelve months.
Whilst
there is a ‘no Order’ principle in Children Act cases, where the Court will not
make an Order unless it is necessary and in the child’s/children’s best
interests, there is no such provision in family finance cases.
Where
an agreement is reached in financial disputes it is important that this is
recorded by way of a formal Consent Order, which is generally lodged with the
Court prior to pronouncement of Decree Absolute, for a Judge’s consideration –
to ensure that it is ‘fair and reasonable’. This will usually end or at the
very least limit either parties ability to make further claims against the
other for financial assistance in the future.
Whether
you are the Petitioner/Applicant or Respondent it is imperative that you obtain
legal advice to ensure any such Order is correctly drafted and records
accurately the agreement you have reached.
If
you are receiving Public Funding then there is an exemption from the Statutory
Charge (repayment of Legal fees) if an agreement has been reached through
Mediation.
SECTION 4 – THE FINANCIAL
SIDE TO DIVORCE
This is referred to as Financial Remedy (formerly Ancillary
Relief) and means deciding how to share the matrimonial assets and may in turn
affect where the children (if any) will live.
The
first step for both parties is to give full disclosure of their financial
position. This is generally done by completing a Financial Statement – Form E.
Financial
disclosure includes the following:-
Assets
a) The
value of the former matrimonial home, or any other freehold or leasehold
properties, time shares and mobile homes;
b) Bank accounts,
savings accounts, PEPS, Tessas, stocks and shares, endowment policies,
insurance policies and the value of any personal items individually worth more
than £500;
c) Pensions; and
d) Business
assets.
Income
a) Wage slips,
P60’s, State Benefits e.g. Income Support, Tax Credits, Child Benefits; and
b) Rental Income
Outgoings
Current
outgoings and possibly future anticipated outgoings. These may be relevant in
deciding whether spousal maintenance should be paid.
Liabilities
All
debts owed need to be disclosed including mortgages; loans for any purpose; hire
purchase agreements and any credit card debts. If all debts are not disclosed
the Court may believe you have more assets than you actually do.
Court Procedure
a) Either
party (provided divorce proceedings have been issued) can file at Court a
Notice of Intention to Proceed with an Application for Financial Remedy in Form
A.
b) Once
the application is issued the Court will set a date for the First Appointment.
This must be neither less than 12 weeks nor more than 16 weeks after the date
of the filing of the Notice.
c) Four
weeks before the First Appointment the parties must file at Court and exchange
with each other sworn Statements of their financial circumstances in Form E
together with supporting documents. The Form E will require the financial
disclosure set out above.
d) Two
weeks before the First Appointment the parties must file with the Court and
exchange with each other various ‘Practice Documents’. This is information to
assist the Court with the background (Chronology), any matters that are
contested or have been agreed (Statement of Issues), any questions that the
other party needs to answer as a result of the disclosure they have provided in
Form E and/or request for missing documents (Questionnaire) and a Form G – this
sets out whether the parties are in a position to negotiate at the Hearing,
with a view to reaching an agreement or not.
e) At
the First Appointment the Judge will either give Directions to bring the matter
to the next stage, a Financial Dispute Resolution Hearing (FDR) or, if the
parties are ready, perhaps through negotiations prior to or at the hearing, a
Final Order may be made.
f) At
the Financial Dispute Resolution hearing the Court encourages the parties to
negotiate and settle. If an acceptable settlement is brokered the Court may
make a Final Order. If no agreement is reached the Court will set the matter
down for a Final Hearing.
g) A
Final Hearing is where a Judge will decide how the matrimonial assets are to be
divided. The Judge’s decision is legally binding upon all parties and the only
ground for appeal is if the Judge has applied the law incorrectly and not
simply because either party is unhappy with the decision. It is highly unusual
for matters to reach a Final Hearing and everything will be done by the Court
and the parties’ legal representatives to limit costs and reach an agreement.
The
likely cost of contested finance proceedings is usually between £5,000 and
£10,000, plus VAT and disbursements and depends on the value of the financial
assets, their location and the ease or difficulty in obtaining full financial
disclosure and settlement.
We can
advise you whether or not you would be eligible for a Certificate of Public
Funding (formerly Legal Aid). Please remember that Public Funding is a loan
and any monies you receive will be subject to the Statutory Charge (repayment
of legal fees).
Possible
Final Court Orders Relating to Finance:-
The
terms of any financial settlement will vary depending on the circumstances of
each case and the Court has a wide discretion to make a variety of Orders. Some
examples of the types of Orders are set out below:-
a) House
sold (Order for
Sale) and net proceeds split 50/50 and other assets
split 50/50.
b) Total
assets split 50/50 and one party continues to maintain the other (Spousal Maintenance) until a certain
specified event occurs.
c) Total
assets split 60/40, 75/25, 70/30 etc. depending on the nature of the assets,
the contribution each spouse has made, the parties’ ages, earning capacities
and any physical or mental disabilities.
d) Home
transferred to one party (usually the person looking after the children) in
full and final settlement with no maintenance for that party but agreed
maintenance for the children.
e) Home
transferred to one party and the other party has a ‘Charge’ on the property for
his or her share to be paid upon sale, which he or she will receive when a
certain specified event occurs, such as: the party owning the property
voluntarily leaves it, dies or remarries or any children leave full time
education.
Everyone’s
circumstances are different and a Court will try to be fair to both parties. In
particular a Court will try to house both parties where possible and especially
the person continuing to look after the children.
However
the Court must take account of the following:
· the
income, earning capacity, property and other financial resources which each of
the parties to the marriage has or is likely to have in the foreseeable future;
· the
length of the marriage;
· the
financial needs, obligations or responsibilities which each of the parties to
the marriage has or is likely to have in the foreseeable future;
· the
standard of living enjoyed by the family before the breakdown of the marriage;
· the
age of each party to the marriage and the duration of the marriage;
· the
contribution that each of the parties has made or is likely in the foreseeable
future to make to the welfare of the family;
· any
physical or mental disability of either of the parties to the marriage; and
· rarely,
the financial conduct of each of the parties during the marriage and/or the
divorce proceedings.
The
Court will start at the point of equality (50/50) and this will vary depending
on each parties needs and whether or not there are children.
In a
short marriage (i.e. less than 10 years) where there are no children then the
Court would look at the parties financial positions prior to the marriage and
any particular contribution either party has made and where possible return the
parties to the position they were in before the marriage.
Close
joint bank or building society accounts if you are concerned your husband or
wife will withdraw monies.
SECTION
5 – THE MATRIMONIAL HOME ON DIVORCE
Is it
owned or rented in your joint names? If yes you have a right to live there up
until this is changed by agreement or by a Court Order in the divorce
proceedings.
Therefore
do not move out without legal advice.
What if
the tenancy or property is owned by only one of you?
Let us
know. Your rights to live in the property will have to be protected by a Notice
that has to be given. Towards the conclusion of the divorce it may be necessary
to protect your rights to remain living in the property because after the
Decree Absolute you may lose your right to remain living there.
Unless
the property is owned in the sole name of one of you then it will be owned
either as ‘Tenants in Common’, where you each own an identifiable share e.g.
50/50, 70/30 or as ‘Joint Tenants’,
where you both own the property in its entirety.
What if
it is owned in your joint names as ‘joint tenants’a nd you die before the
divorce is finished?
The
property would pass automatically to your husband or wife. If you want to
change this let us know, so they can do something about it. It is possible to
sever the joint tenancy allowing each party to own separate shares in the
property. Severing the joint tenancy in this way is, however, something of a
double-edged sword. At present, if you husband/wife is the first to die then
the property would automatically pass to you as the surviving joint tenant, whereas
once the joint tenancy is severed, then his/her interest in the property would
pass to any beneficiaries he/she has appointed under the terms of his/her Will.
You
could then make a Will leaving your Estate, including your interest in your
home, to whoever you want, for example to your children. If you do not make a
Will your Estate will pass under the laws of intestacy. Under the Rules of
Intestacy your husband/wife will receive your personal chattels, that is your
personal items such as cars, china, jewellery, furniture etc. and cash assets
from the Estate, plus possibly a life interest in the residue of the estate
(that is what is left after payment of debts, funeral expenses etc), depending
on whether there are any surviving children of the family (or grandchildren
etc) at the time of your death. It is therefore important that a Will is made
at the same time as the tenancy is severed.
No
Inheritance tax is payable on Estates that pass between spouses.
SECTION
6 – MAINTENANCE/PERIODICAL PAYMENTS
Either
spouse, that is the husband or the wife, may claim maintenance or financial
help from the other depending on each party’s financial circumstances. A Court
Order can be obtained in the divorce proceedings and, if necessary, before all
financial matters are finally resolved (Maintenance Pending Suit).
SECTION 7 – CHILD MAINTENANCE/SUPPORT
In most
situations, where this cannot be agreed between the parties, child support will
have to be dealt with by the Child Support Agency (CSA) which is provided by
the Child Maintenance and Enforcement Commission (CMEC). The Court can only
Order child maintenance where it has been agreed between the parties and it is
possible for either party to apply to the CSA or CMEC (when applicable) for a
recalculation of maintenance after any Court Order has been in force for one
year, two months and two days.
Since
3rd
March 2003
an ‘absent’ parent is required to pay 15% of their net income for one child,
20% of their net income for two children or 25% of their net income for three
or more children. These amounts may be varied if the absent parent has one or
more ‘relevant other children’, for example one or more children from another
relationship, or if the child has staying contact that equates to more than 52
nights per year there is a ‘sliding’ scale that reduces the maintenance payable
– starting from 1/7th.
The Child Support Agency telephone helpline number is 0845 7133 133.
You may
also obtain information from their website: www.csa.gov.uk – which can provide an estimate of
the level of maintenance payable. Alternatively contact the Citizens Advice
Bureau or the Benefits Agency.
SECTION 8 - CHILDREN
Children
Act 1989
This
Act introduced the new concepts of Residence (formerly custody), Contact
(formerly access) and Parental Responsibility. The Court also has the power to
make other Orders including Prohibited Steps and Specific Issue Orders.
Parental
Responsibility
1. This is the
legal term which is used to describe the responsibility that a person has for a
child in terms of making decisions that will shape the future of the child such
as where the child will live, what religion the child will follow, where the
child will be educated and consent to medical treatment.
2. Where the
parents of a child are married at the time of birth they both share Parental
Responsibility or if they subsequently marry the father automatically acquires
Parental Responsibility. Where parents are unmarried the mother will always
have Parental Responsibility and by completion of a Parental Responsibility
Agreement may share it with the father. An unmarried father may also apply to
the Court for an Order that he has Parental Responsibility. Since
1st
December 2003 a father who
is not married to the mother at the time of the child’s birth will have
Parental Responsibility if he is present at the time of the registration of the
birth and he is named as the father on the Birth Certificate.
3. Parental
Responsibility may also be gained when another Children Act Order is made, for example,
a Residence Order or Special Guardianship Order provides Parental
Responsibility in favour of the holder or holders of the Order and a Care Order
provides the same for a Local Authority. Parental Responsibility can be shared
and is rarely lost.
4. Step-parents
can also acquire Parental Responsibility by virtue of a Step-Parent Parental
Responsibility Agreement, provided all those with Parental Responsibility agree
or by Order of the Court.
Residence
A
Residence Order settles the arrangements as to the person with whom a child is
to live. A Residence Order automatically gives Parental Responsibility to any
person without it in whose favour it is made for as long as the Order is in
force. The making of a Residence Order will not end the Parental Responsibility
of any other person who has Parental Responsibility. It does not affect the
legal relationship between the child and their parent. It also means that the
‘holder’ of a Residence Order may take the child out of the Country for up to a
month in any year without the consent of any others with Parental
Responsibility. Where there is no Residence Order in place then it is necessary
for the person who wishes to take the children out of the Country to obtain the
consent of all those with Parental Responsibility. Regardless of whether or not
there is a Residence Order in place, any of those with Parental Responsibility
have the right to details of where the children are going, their travel
arrangements and where they will be staying.
Contact
A
Contact Order requires the person with whom a child lives or is to live to
allow the child to visit or stay with a person named in the Order.
Alternatively the Court can make an Order for indirect contact e.g. via
telephone calls, letters, emails etc. There may be more than one Contact Order
made in respect of a child. There is a presumption in favour of contact between
the child and the non-resident parent. Contact is always for the benefit of the
child and not the party applying.
Prohibited
Steps and Specific Issue Orders
A
Prohibited Steps Order limits when certain parental rights and duties can be
exercised.
A
Specific Issue Order contains directions to resolve a particular issue in
dispute in connection with a child.
A
Prohibited Steps or Specific Issue Order could be obtained where there is a
dispute as to the child’s education, determining whether the child can be taken
abroad or preventing a specific person from seeing a child.
Considerations
Under
the Children Act the Court will only make an Order where one is needed and is
in the best interests of the child concerned – otherwise no Order will be made.
When
making any decision the Court’s paramount consideration is the welfare of the
child. The Court recognises that delay is likely to be harmful to the child’s
welfare.
In
deciding whether an Order should be made the Court will have regard to:-
1. The
ascertainable wishes and feelings of the child concerned (considered in the
light of the child’s age and understanding);
2. The child’s
physical and emotional needs;
3. The likely
effect of the child of any change in his/her circumstances;
4. The child’s
age, sex, background and any other characteristics which the Court considers
relevant;
5. Any harm which
the child has suffered or is at risk of suffering;
6. How capable
each of the child’s parents and any other person in relation to whom the Court
considers the question to be relevant is of meeting the child’s needs.
7. The range of
powers available to the Court under the Children Act in the proceedings in
question.
For
example:-
a. If both parents
can agree where the children should live and when and how the children shall
see the non-resident parent then there is no need for a Court Order.
b. If reasonable
contact between children and a non-resident parent cannot be agreed between the
parents it will often be ordered by the Court at a frequency of every other
weekend and part of school holidays but possibly more for very young children
under school age. Each case will depend upon the particular facts.
c. Either parent
can be the full-time carer of children. The Courts look at what is in the best
interests of the children and at the status quo. That is, it is preferable to
keep children in the home they have known and going to the same schools but
this is not always possible.
SECTION
9 – MAKING A WILL
Generally
you should make a Will, as this confirms your intentions of how you would want
your assets/belongings to be divided after your death.
Within a
Will you can also record who you would want to look after any child if you were
to die whilst they were still minors (under 18). Whilst any provision within
your Will is not legally binding, unless it is made by the only person with
Parental Responsibility, even then if your decision was to be challenged, it
would at least give the Court an indication of your wishes.
If you
are eligible for the Legal Help and Help at Court Scheme you may make a Will
free of charge if you are:-
- 70 or over; and/or
- disabled; and/or
- a parent of a disabled
person and wish to provide for that person in the will; and/or
- You are the sole parent
with Parental Responsibility of a child and you wish to appoint a guardian
for the child in your will.
A Will
is generally revoked by remarriage and therefore upon remarriage you must consider
whether or not you need to make a new Will. In any event you should review your
Will every few years to ensure it reflects your current wishes.
SECTION
10 – WELFARE BENEFITS
There
are various benefits available to those with no income, such as Income Support
or Job Seekers Allowance and for those on limited incomes, especially following
a change in circumstances following separation and/or divorce. These benefits
include Working Tax Credit and Child Tax Credit. If you are in receipt of
Income Support and other specified benefits you may also be entitled to various
other benefits, such as Housing or Council Tax Benefit. Pensioners on a low
income may be entitled to Pension Credit, to ensure their income meets the
governments’ minimum guidelines.
For
advice about what benefits you may be entitled to you should contact your local
Citizens Advice Bureau or Braintree District Council.
Braintree, Witham & Halstead Citizens
Advice Bureau can be contacted on 0844 499 4719.
Useful
Numbers:-
JobCentre
Plus 0800 055 6688
Disability
& Carers Benefit Advice Line 0800
882 200
Disability
Living & Attendants Allowance Help Line 08457
123456
Tax
Credits Enquiry Line 08453
003909
NHS
Help Line – Help with NHS Costs 0800
917 7711
Pension
Service Help Line 0800 991234
Braintree District Council 01376 552525
