Author: Karen

Pre-Nuptial Agreements

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engagement

Let’s face it – there is nothing romantic about prenuptial agreements. In fact, I doubt that there is anything that would kill romance faster than these two words being uttered by your significant other when talking about marriage, weddings and honeymoons!

Whilst any engaged couple would anticipate a life long happy commitment, we are all practical enough in this day and age to know that marriages do increasingly end in divorce.

A pre-nuptial agreement is considered by many to be a mature way of saying to one another how family assets should be fairly divided if the marriage were to end. Such an agreement can be entered into in the hope that the same agreement will gather dust over the years and need never be referred to in the future.

Is a pre-nuptial agreement legally binding?

In short, the answer is no, pre-nuptial agreements are not strictly legally binding –indeed, in the past they were considered contrary to public policy as it was thought to undermine the sanctity of marriage.

In 2010,  a Supreme Court Judgment in the case of Radmacher and Granatino looked in detail at the issue of pre-nuptial agreements (as well as post-nuptial agreements). This case has led to a significant move towards the enforceability of these agreements.

The Supreme Court decided that while pre-nuptial and post-nuptial agreements are not binding in themselves, there will now be a “presumption” in favour of such agreements. In effect, this means that a Court will now uphold a pre-nuptial agreement in all cases except those where either spouse can show that it would be unfair to do so.

Should I sign a pre-nuptial agreement before I get married?

It is advisable for people, particularly those who bring to the marriage inheritances or family businesses or are entering a second marriage, to enter into pre-nuptial agreements prior to and in anticipation of marriage. The agreement will record how the couple intend to divide their assets if the marriage breaks down at a later date.

As long as the terms of the pre-nuptial agreement are entered into fairly and address both parties needs then it is likely that it will hold good.

if you would like any further information on pre-nuptial agreements, please conatct us here

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Protecting Your Child Online

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The NSPCC are the leading children’s charity fighting to end child abuse in the UK and Channel Islands.  The primary aim of the NSPCC is to help children who have been abused rebuild their lives, protect those at risk, and find the best ways of preventing abuse  from happening.  

In her guest blog for Life Law NI,  NSPCC Local Campaigns Manager in Northern Ireland Margaret Gallagher sets out ways in which parents can help protect their children from some of the risks they can be exposed to by being online

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We always try to teach our children that it’s good to share, but online it’s different.                                                                       

We know parents can feel confused by the internet – it’s constantly changing and can be hard to keep up with the latest apps and trends.  It can be particularly tricky for parents of children aged around 8-12 years old as this is the age when children start doing more online, becoming independent and using different devices.

Parents in today’s technological world must be alert to the risks that their children can potentially be exposed to on the internet.  Some of those risks include the following:-

  • Inappropriate content, including pornography
  • Friending or communicating with people they don’t know
  • Cyber bullying
  • Grooming and sexual abuse
  • Sharing personal information
  • Ignoring age restrictions
  • Gambling or running up debts

How can I protect my child from risk on the internet?

Talk to your child

One of the easiest and most effective things parents can do is to talk to your child about the consequences of sharing information online.   Help your child think about who sees what they share, and compare it to what they would be happy to share in real life.   Use examples that are easy for them to understand: “You wouldn’t give your phone number to a stranger on the street, is a stranger online any different?”

Explain to your child how everything they share online – like usernames, images and comments – builds up a picture of who they are.  Encourage your child to think about what they share, even with friends, as once it’s online it’s out of their control. You can talk about privacy settings and how they help your child control who can see what they share.

If you’re unsure about how to do any of this yourself, you can visit www.net-aware.org.uk for simple, no nonsense advice.

 Inform and protect yourself

The online world can feel daunting, but there are lots of things you can do to take back control, like installing the latest filters and making sure you have a good level of security on your computers and other online devices in your home.

You can keep up to date and informed about all the latest social media or new apps that your child may have access to.  NSPCC’s Net Aware will give you a run-down of all of the trending apps and social media tools that could be being accessed by your children.

We have also recently joined forces with O2, with the aim of getting every family in the UK to talk about and understand their child’s online world, just as they would their day at school.  Parents can attend workshops to help them understand the internet as children do, and there’s also a free internet safety helpline 0808 8005002 if there’s a question about parental controls or concern about a social network.

 Set a good example

You can also help your child by simply setting a good example online. It might not always feel like it, but your child does notice how you act and will follow your lead, so it’s important to show them what safe sharing looks like.

What can I do if my child has been exposed to harm online?

If things go wrong, it can be very worrying for you and your child but the NSPCC can help.   Whether you child ‘overshared’ or someone else has shared some content with them that you’d rather they hadn’t seen, there will always be something you can do to make it better.

If your child sees something online that they think they shouldn’t have seen, let them know it’s not necessarily their fault – they shouldn’t feel guilty and they can always talk to you.

Your child can contact ChildLine and ask them to help with taking an illegal image off the internet by making a report to the Internet Watch Foundation on their behalf.

If you think your own child or any other is at immediate risk because of what they have shared or seen, you can contact the police or the NSPCC for advice on 0808 800 5000.

If you require any further information on this matter or the law surrounding it, please contact us using the comments form below or email us here.

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Claiming Compensation for Your Child

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child-compensation

While none of us like to think about any harm coming to our little ones, accidents do happen and our children may be injured as a result.  Such injuries may cause pain, distress, absence from school and even an inability to carry out hobbies and past-times.

If your child is unfortunate enough to be involved in an accident through no fault of their own, it is important to know that it may be possible to claim compensation on their behalf.

Here are some commonly asked questions about the process involved:-

When can a claim be made on behalf of my child?

In personal injury cases, the person bringing a claim is known as a Plaintiff.  For a case to be successful,  it must be shown that your child’s accident was caused due to the fault of another person who is known as the Defendant.  

Can my child claim in their own right?

No  –  a child is not entitled to bring proceedings in their own right and therefore any compensation claim will be brought on their behalf by a responsible adult who is known as a Next Friend.   Usually, a Next Friend is the child’s mother or father or someone with parental responsibility.

Are there time limits in making a claim on behalf of my injured child?

Normally, personal injury claims must be made within 3 years of the accident occurring.  However, where the injury is suffered by a child,  this period is extended to 3 years after the child has turned 18.  This means that if your child was 10 years old when they were injured in an accident, they have until their 21st birthday to make a claim for compensation.

How much compensation will my child be entitled to?

If the Defendant is found to be at fault, medical evidence will be needed to  confirm the extent of your child’s injuries in order to decide how much compensation should be paid.  This medical evidence will usually include your child’s GP notes and records, hospital notes and records and a report from a medical expert.

From this medical evidence, your solicitor will be able to ascertain the value of your child’s claim.  The amount of compensation is calculated in two parts:-

  • General damages – this is compensation for any physical and/or psychological injury caused to your child as a result of their accident.
  • Special damages – this is compensation for any other loss such as damage to property (for example, glasses, clothing, bicycle etc) or out of pocket expenses.
What happens when an offer of settlement is made?

If an offer of settlement is made in your child’s case, as his or her Next Friend you will have to decide, with the advice of the solicitor, whether to accept the offer or not.

Unlike cases involving adults, in a child’s case if you decide to accept the settlement offer, this then has to be approved by a Judge.  You and your child will both be required to attend Court with your solicitor for this approval and answer any straightforward questions the Judge may ask about the case and your child’s injury.

If the Judge is satisfied that the settlement reflects a good outcome for your child they will approve the settlement figure.  If the Judge is not satisfied that the damages agreed are sufficient, they will not approve the settlement figure and instead will direct that the matter is negotiated further between the parties.

What if settlement cannot be agreed?

If settlement cannot be agreed, then Court proceedings will have to be issued.   Settlement of the case may still be discussed once Court proceedings have been issued but if settlement cannot be reached, ultimately there will be a Court hearing where the Judge will decide the case.

As the Next friend, you may be required to give evidence at the hearing about the facts of the accident, the injuries sustained, and the effect that these have had on your child.

What happens to any compensation money received?

Any compensation monies paid will be placed into a special Court bank account and will be held there on trust for your child until they reach 18 years of age.  This means that your child will not have access to their compensation until then.  Any monies held by the Court will gather interest which will also be paid to your child when they turn 18.

How will I pay my child’s legal costs?

Currently in Northern Ireland, children under the age of 18 years are automatically entitled to Legal Aid assistance in relation to civil claims involving injury, regardless of their parent’s income.

So, if your child has been injured as a result of a car accident, a dog bite, a slip, trip or fall, or a failure to be treated properly in hospital or any other situation where you feel a third party was at fault, there is nothing to lose in seeking legal assistance in order to ascertain whether your child would be entitled to compensation for any pain or suffering they may have suffered as a result of an accident.

If you require any further advice in relation to making a claim on behalf of a child, please contact us here or by emailing us on info@fhanna.co.uk

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A Simple Guide to Divorce Procedure in NI

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Ending a marriage can be one of the most difficult and stressful times in a person’s life.

Making the decision to end your marriage brings with it many worries and fears about how life will change upon divorce. The last thing that any person going through a divorce wants to worry about is having to navigate a long, complicated legal process to reach the end result.
It will be a relief to many that the legal procedure for divorce here in Northern Ireland is fairly straightforward. We have put together below some information for you (minus the legal jargon!) to explain how this process works.

What is the procedure for divorce?

The first step in getting divorce is to issue what is known as a Divorce Petition. This is simply a document which sets out details needed by the Judge to consider your divorce. Importantly, the Petition will detail the grounds on which you are applying for a divorce. If you are the person who has filed for divorce, you will be referred to as the ‘Petitioner’ in these proceedings and your spouse will be referred to as ‘the Respondent’.

The Divorce Petition, once finalised, is then stamped by the Court and served on your spouse who is asked to complete an Acknowledgement of Service Form and lodge this with the Court. This form will confirm that your spouse has received the divorce papers and will detail whether they intend to defend your Petition for divorce.

If your spouse is not challenging the divorce, the case will then be listed for a Decree Nisi hearing.

What is a Decree Nisi hearing?

This is the initial hearing where the Judge will have to determine whether your marriage has irretrievably broken down.   You must attend at Court and give evidence at this hearing.   If the Judge is satisfied that the grounds for divorce have been met, a Decree Nisi is granted – this is an Order stating that are entitled to obtain a Divorce.

Am I divorced after I get my Decree Nisi??

No. The Decree Nisi is simply the first stage of the divorce. In order to be fully legally divorced, you must obtain a Decree Absolute.  You may apply for a Decree Absolute six weeks and one day after the Decree Nisi hearing. Your Solicitor makes the application for a Decree Absolute after this time has passed and you are not required to attend at Court.

What about the family finances and property?

Often, if the division of the family finances and property has not been agreed between you and your spouse, Court Proceedings would then be issued to decide how to divide the finances. These proceedings are called Ancillary Relief proceedings.  In cases where the family finances and property have not been finalised, the Petitioner is generally advised not to apply for the Decree Absolute until after the finances are resolved.  This is because both parties could lose certain rights such as widow pension benefits.

How much will a Divorce cost?

At the time of writing*, the Court costs for a Decree Nisi are £575.  There will be solicitors’ professional costs on top of this.  Most solicitors will give a quote for a divorce in advance of lodging anything with the Court.   Legal Aid may be available depending on your financial circumstances.

If Ancillary Relief proceedings are issued to resolve the financial matters after Decree Nisi, legal costs are likely to be calculated on a time-spent basis.  It is important that you speak with your solicitor about costs before issuing proceedings.

What about the future?

If you had made a Will before getting divorced, it is important to review this after your divorce. Once a divorce has been granted, any part of a Will leaving property to your former spouse will be invalid.

Although a divorce ends your marriage, often you and your former spouse will have to continue to share a relationship with one another for the sake of your children. It is therefore in everyone’s interests to try to ensure that the divorce, if at all possible, is dealt as amicably as possible so that despite your differences at the end of their marriage, you can both move on to the next stage of your lives.
If you would like more information on the legal process of divorce or if you have a query regarding your own divorce, please do not hesitate to contact claire or karen by email or leave your comments confidentially below.

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*October 2015

 

 

The Black and Minority Ethnic Women’s Network

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BME Womens Network
Claire Choulavong is the Women Development Worker for the Black and Minority Ethnic Women’s Network based at NICEM.
In her guest blog, Claire provides us with some information about the BME Women’s Network and the services and support it provides:-

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The aim of the Black and Minority Ethnic Women’s Network is to promote gender and racial equality for ethnic minority women in Northern Ireland.

When the UK government was being examined by the Committee for the Convention for the Elimination of Discrimination Against Women (CEDAW) in July 2013, NICEM ran its own research alongside.  This research consisted of a 67 page long questionnaire, translated into 8 different languages, along with community-based seminars and workshops held with ethnic minority women in Northern Ireland.

With the findings of this research, along with NICEM’s broader policy, research development and advocacy work, NICEM produced a shadow report to the Committee on the Elimination of Discrimination Against Women.

After our report was published, five women representing the black and minority ethnic community, along with staff from NICEM, went to Geneva and presented the findings at a hearing in Geneva in July 2013.

When our report was published, there was a huge amount of momentum within the black and minority ethnic communities and so was born the Black and Minority Ethnic Women’s Network!

The BME Women’s Network reaches out to women across Northern Ireland, asking them to get involved in the process of change. The Network has met with several women’s groups across the country, holding information sessions and talking to BME women about their rights.

In these internationally troubling times, organisations and groups such as the BME Women’s Network provide valuable support, information and importantly a voice to women from black and ethnic minority communities who are experiencing difficulties with life here in Northern Ireland.
The Network is an incredible opportunity for women in Northern Ireland to tell the world about their lives, what matters to them, and what their government should be doing about it.
If you would like to become involved with the BME Women’s Network, please contact Claire Choulavong at claire@nicem.org.uk.
You can also out the BME Women’s Network Facebook page www.facebook.com/BMEWN

 

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