LIFE BITE: A Faulty Divorce – Supreme Court to hear contested ‘unreasonable behaviour’ divorce case today.

apple-150579_1280Five Supreme Court judges will today begin deciding whether to grant Tini Owens a divorce from her husband,  after the lower courts decided she was not entitled to one. 

Tini Owens is the wife of Hugh Owens, a multimillionaire farmer whom she married in January 1978 and separated from in August 2013. 

In her divorce petition, Mrs Owens stated that her husband had behaved unreasonably in his “continued beratement” of her.  She outlined his conduct in her divorce petition,  which included criticising her in front of their housekeeper, arguing with her in an airport shop, not speaking to her during a meal and making her pick up bits of cardboard in the garden.  She submitted in her divorce petition that this behaviour amounted to divorce .

Mr Owens claimed that he had forgiven his wife for her “misguided” fling in 2012, and told the Court that he wanted to remain married to his wife as they “still have a few years of old age together”.

The Judge hearing the divorce in the first instance,  concluded that Mr Owens’  behaviour towards his wife had not been unreasonable and refused her divorce petition last year.

The Judge described the farmer’s attitude as “old school” and stated that Mrs Owens’ allegations against her husband were “exaggerated” and “at best flimsy”.  The Judge further claimed that the conduct described by Mrs Owens were “minor altercations of a kind to be expected in a marriage” and “an exercise in scraping the barrel”.

The Judge also found that Mrs Owens was “more sensitive than most wives” and that she had “exaggerated the context and seriousness of the allegations to a significant degree”.

Mrs Owens has claimed that as a result of the Court’s refusal to grant her a divorce, she was effectively “locked in” to her marriage with Mr Owens. She claimed that it was unfair that under current law she would have to wait five years before being allowed a divorce without her husband’s consent.

Mrs Owen’s legal representatives have submitted that it is unreasonable to expect her to stay in the marriage, with her barrister adding: “There doesn’t have to be violence, or threats of violence, or gambling or drinking or shouting. There is cumulative effect of what may be regarded as inconsequential conduct, which may justify a finding that it is unreasonable to expect her to stay with him.”

Mr Owens legal representative told the Court that the initial divorce Judge had been “entitled to reject the wife’s case”. The Court of Appeal rejected Ms Owen’s appeal and the matter is now before the highest Court in the land and it is expected that the Supreme Court will deliver judgment on the matter later this year.

For more information on the grounds for divorce here in Northern Ireland, you can read our earlier blog piece ‘Divorce – What are the Grounds?’ or contact us here.

 

 

 

Help to Buy Schemes: An Overview

first-time-buyer

Saving to buy your first home can be a challenge for anyone, particularly as house prices continue to rise. 

Luckily, there are some schemes to help you get together the monies you need to purchase your property.

Help to Buy ISA

The most common is the Help To Buy ISA. This operates in much the same way as a regular savings ISA, with the bonus that the Government will provide you with a payment of 25% of the amount saved (subject to a maximum bonus of £3,000), as long as you meet the criteria of the scheme.

For example, if you have saved £6,000, your bonus will be £1,500. The solicitor acting for you in the purchase of your property can make the application for the bonus on your behalf.

The Help to Buy ISA is available for all types of properties, and isn’t restricted to newly built properties. You are also not restricted in the mortgage lender that you choose.

Armed Forces Help to Buy Scheme

Some employers now also assist their staff in the purchase of their first home, such as with the Armed Forces Help to Buy Scheme,  which assists with loans to help you with your deposit.  This scheme is also approved by many lenders, however you should alert your financial advisor that you intend to use this scheme so they may make your mortgage company aware of this when making your mortgage application.

If you would like any further information on Help to Buy Schemes, please do not hesitate to contact us here or leave your comments below.

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Buying a new home? What exactly does your solicitor do?

buying-a-house

So, you’ve spent the past few months with your nose deeply buried in property brochures. Your Google search list consists solely of property websites and viewing houses has almost become a hobby.  You’re even sick of the sight of Kirsty and Phil on ‘Location Location Location’

But, at long last, it has happened –you’ve finally found your ideal home!

That’s the hard part right?  Once the mortgage is through, surely all you need to do is arrange a date to pick up the keys and then you can get down to the important stuff, like where to put the sofa and what colour to paint the living room??

Unfortunately not…before keys can be placed in your hand and all your furniture packed up, the legal process of buying a house needs to be completed.  

It’s not a matter of just signing on the dotted line either – the entire legal process normally takes between 6-8 weeks before you can get moving.

What exactly does my solicitor do?

You may wonder what it is exactly that a solicitor does when dealing with buying a house for you.

Your solicitor’s main job is to protect your interests and make sure that all of the title deeds under which you will own the property are in order.

To do this, they have to check the following:-

  • They check all of the title deeds (which may consist of hundreds of pages!) to make sure there is nothing contained in them that may restrict your use of the property.
  • They check the maps of the property and make sure the boundary to the property is correct – after all, there’s no point in buying a house and realising when you go to sell it that you didn’t actually own part of your back garden!
  • They review any survey reports you or your mortgage company have to get to check if work has been done to the property which may to be queried with the seller.
  • They ensure that you are connected to a mains sewer, or that the necessary consents are in place for a septic tank, and that you have access to a public road.
  • They check through paperwork (such as searches and certificates) to make sure that any necessary planning permissions and building control documents are in place.
  • They liaise with you and your mortgage company throughout this process and highlight to you any issues which you should be aware of before you actually buy the house.
  • If there are any service charges or if ground rent is payable, they ensure that these are all paid up to date by the seller so that no unwanted bills arrive at your door once you’ve moved.

All checks and searches have been done – what now??

Once your solicitor is satisfied that everything is in order and any problems have been resolved, they will report to you on the property, and ask you to meet them so that you can sign the contract.

Your solicitor will also contact your mortgage company and ask them to forward mortgage monies through to them directly before you buy.

When can I move in?

Once the contracts are signed, a date is arranged between you and the seller for when money (and more importantly, keys!) will change hands.

On this date, once the financial transaction has gone through via your solicitor, you will officially be able to move into your new home!

Whilst you’re busy picking out wallpaper and getting the TV installed, your solicitor’s job is not finished yet! After completion,  they will deal with the registration of the property into your name.

To be done thoroughly and correctly this entire process will take time. A little time invested now should ensure that when it is your time to sell the property, everything proceeds smoothly.

When you are told the matter is ‘with your solicitor’, rest assured that your purchase is being well looked after and your solicitor will be in touch to allow you to get your keys as soon as possible.
 If you would like any further information on the legal process of buying or selling your house, or any other aspect of Property Law in NI, feel free to contact us here 

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Let’s Talk About….Death

deathDeath is something that most of us naturally prefer to avoid thinking about. However, as Benjamin Franklin famously said, “nothing in life is certain except death and taxes”.

“Keeping quiet” or “putting off” talking about our wishes for end of life and death can be problematic both for us and those who care for us.  Many of us have misconceptions about what might happen during end of life and death and the fact that we don’t talk about it, only exacerbates this.

Citizens Advice NI, Marie Curie and the National Association of Funeral Directors believe that a public health campaign is needed to encourage people to start talking and thinking about their wishes.

A recent report by Northern Ireland investigative publication, The Detail considers the issues around death.  These include the barriers to accessing advice and information and how the repercussions of death can have surprising, significant and detrimental implications in the long-term if we don’t take steps to rectify them. It looks at a wide range of issues including the following:-

Funeral costs

The funeral industry and how the cost of burial can vary dramatically across Northern Ireland – a “postcode lottery”.  Due to the sudden and distressing nature of many deaths and the fact that we don’t often want to plan ahead, we often find ourselves paying much more than we expect for a funeral. Sadly, this can result in to debt or poverty for those who are bereaved. The report looks in detail at the cost of death across council areas in Northern Ireland and calls for a uniform price.

More assistance with Funeral Payments

Funeral payments are available to those on receipt of certain benefits and cover the cost of a simple, respectful, low cost funeral. Sarah McCully Russell from Citizens Advice NI calls for an increase to these payments and more transparency and accessible information surrounding them.

Bereavement benefits

Bereavement benefits were reduced substantially in April 2017, with bereaved children being the hardest hit. Many people aren’t aware that cohabiting partners and their children are excluded from these benefits, despite societal changes and marriage being irrelevant to other benefits.  A landmark case on this issue is due to be heard by the Supreme Court sitting in Belfast in April 2018.

Living with a terminal illness

In the report , one gentleman suffering from terminal cancer shares the benefits of being able to express his wishes regarding donating his body to medical science and to make a Will. This has allowed him and his family to have peace of mind knowing his affairs are in order and he believes, allowed him to carry on living. He feels that making these choices now will make it easier for his family later.

The need for care

Marie Curie UK estimates that 3,000 people are missing out on the care and emotional and physical support that they need due to a lack of awareness and a reluctance to accept death.

The full report includes an interview with Siobhan McLaughlin, the woman involved in the landmark case on Bereavement Benefits currently before the Supreme Court, and her solicitor Laura Banks of Francis Hanna & Co . Siobhan told The Detail that she took the case for her children, because they are as deserving as any other child who has lost a parent:-

“You can have two 10-year-olds going through the same thing – both have lost their dad. Yet society has said to one of them because your parents were married you deserve this, and to the other one, you don’t. It makes them feel irrelevant. I felt I had to give it a shot,”

“For us it has made everybody more aware that this is happening and how wrong it is that we have two sets of children and one of them has been stigmatised by this and an action their parents took, which they have no say over.”

Read the full report from The Detail here 

 

 

 

Belfast and Lisburn Women’s Aid Older Women Project

Many may view Domestic Violence as something that primarily affects younger women or women with children.

The Belfast & Lisburn Women’s Aid Older Women’s Project highlights that just as many older women are affected by domestic violence, have suffered long-term abuse in the home and often face more barriers in their help- seeking process.

We are very grateful to Olga Attwood from Belfast & Lisburn Women’s Aid who works with the Older Women’s Project for providing us with an article to share with our followers, entitled ‘Domestic Violence is Ageless’

olderwomen

DVhelplineIF YOU REQUIRE ASSISTANCE IN RELATION TO DOMESTIC VIOLENCE OR ABUSE YOU CAN CALL THE 24 HOUR DOMESTIC AND SEXUAL VIOLENCE HELPLINE, A COMPLETELY CONFIDENTIAL SERVICE, ON 0808 802 1414
IF YOU REQUIRE ANY FURTHER INFORMATION ON THE LAW REGARDING DOMESTIC ABUSE IN NI, PLEASE FEEL FREE TO CONTACT US DIRECTLY ON INFO@FHANNA.CO.UK