Divorce

We are experienced, understanding divorce lawyers.

You can get a divorce if you have been married at least a year and your relationship has permanently broken down. Your marriage must be legally recognised in the UK.

There are 3 main steps to getting divorced:

1: File a divorce petition – you have to apply to the Court for permission to divorce and show reasons why you want the marriage to end.

2: Apply for a decree nisi – if your spouse agrees to the petition, you’ll get a document confirming there is no reason you can’t divorce.

3: Apply for a decree absolute – this legally ends your marriage – you need to wait 6 weeks after you get the decree nisi before you can apply.

We can help you thorough each step or to deal with a particular issue such as assisting the resolution of a financial dispute between the parties.

Do it yourself Divorces without consideration to future financial claims maybe a false economy storing trouble for the future. Do you anticipate an improvement in your finances, an increase in future earnings or an inheritance? Make sure you deal with your finances at the time of your Divorce, rather than store problems for the future.

Why is a Consent Order necessary?

A Divorce does not prevent financial claims being brought by an ex spouse after the Divorce and there are no time limits for seeking orders for financial provision. If you do not wish to be dealing with financial claims after your Divorce, it is important that all Financial issues are resolved by your Solicitor.

Once you have divorced your husband or wife could still make an application to the Court in relation to the matrimonial finances, even if you have already divided the assets. The only way to protect yourself from your spouse making such an application in the future is to obtain an order from the Court. Where you have agreed a financial settlement a Consent Order can be drafted and put before the Court. If there is such an agreement, Clodes Solicitors can on your behalf prepare a consent order and statement in support.

CALL CLODES SOLICITORS TODAY ON 02920 765050 TO DISCUSS YOUR CASE.

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Clodes Solicitors
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A common query we receive is that P has lost capacity - how does one remove an Attorney appointed under an LPA ?

The Mental Capacity Act 2005 under S.22 and S.23 gives the Court power to revoke an LPA or to determine any question as to the meaning or effect of a lasting power of attorney.

One must carefully consider whether the allegations have merit and who it is proposed would deal with the persons financial affairs should the LPA be revoked.

One could raise there concerns directly with the Office of The Public Guardian or the attorney.

Alternatively one could consider making an application to the Court of Protection to revoke the Power of Attorney and appoint X as a Deputy. If time is of the essence an application to the Court for Directions or Revocation maybe prudent following a letter before action.

If a person is considering a Court of Protection application they should seek legal advice before commencing.

Where a Court application for revocation is being considered the donor would need to be assessed by an expert to ascertain the following:

1. Does P have capacity to revoke their LPA ?
2. Can P validly enter into a new LPA ?
3. Does P lack capacity to request accounts from their attorney ?
4. Did P lack capacity to make the gift or relevant financial decisions at the relevant time ?

The Court can consider any past behaviour or apparent prospective behaviour by the attorney. Provided that X does not have capacity the Court has the power to take whatever steps it regards as appropriate in P's best interests, whether that be by revoking the LPA or by taking some other course.

If you have concerns about a loved ones Attorney contact Clodes Solicitors on 02920 765050 or at https://www.clodes-solicitors.com/service/lasting-power-of-attorney/ #solicitor #local

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