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When another person or organisation has broken the contract between you to provide the goods or services in return for payment, you may have grounds for compensation or redress.

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Our specialist Litigation team are on hand to help you with any queries you may have.

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Our expert solicitors are here to support you with advice, outlining your options at the very first stages to ensure all possible objectives are reached.

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The Litigation team at Poole Alcock will advise you on the best route to take, depending on your tenancy agreement.

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At Poole Alcock we understand that you want to resolve any dispute cost-effectively and maintain good relations where possible.

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A company’s articles of association are of paramount importance; they are the key constitutional document setting out the basic management and administrative structure of a company.

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Forming a company can be a positive and exciting step for many business owners. However, it is important to ensure from the outset that the documents governing your company’s operations suit your business needs.

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Acquisition of another company is an effective way to grow your business. Ensuring a successful transaction is all about the detail. You need to know exactly what you are buying.

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When the time comes to sell your company, or shares in your business, you will wish to maximise the return on your investment of money, hard work, time and emotion.

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A guarantee is a legal commitment to repay a debt where the original borrower has defaulted on their repayments. In essence, the person providing the guarantee will “step into the shoes” of the debtor.

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Whether you are lending to or borrowing from a third party, it is always prudent to record the terms of the loan clearly.

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A company’s articles of association are of paramount importance; they are the key constitutional document setting out the basic management and administrative structure of a company.

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If you are in dispute about which school your child should attend or think that it will be in the child’s best interests to change schools it will be necessary to apply for a Specific Issue Order through the courts.

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If your child is aged under 16, it is possible to change their name by deed poll providing that all of the parties with Parental Responsibility are in agreement. However, the child’s birth certificate will not normally be changed as this is a historical record from when the child was born.

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When a child is removed from one of the parents without the other parent’s permission or a child is not returned at a pre-arranged time, it is important to act quickly to reinstate the child’s normal or pre-agreed routine.

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Whenever possible separating parties should speak to one another and make arrangements for the care of the children which are in the children’s best interests and can be worked around by both parents.

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Most of the legal rights given to parents are by way of Parental Responsibility (PR). PR means ‘all the rights, duties, powers, responsibilities and authority that a parent of a child has in relation to the child and his property by law’.

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You can apply to end or dissolve your civil partnership if you have been in the partnership for at least one year. It is very similar to divorce, in that you will need to make an application to the court.

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When parties separate they may be able to reach an amicable agreement about the finances of the household and how these should be divided going forward. However, for most this can be the most difficult area to resolve.

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We can provide you with the peace of mind of conducting your divorce on a fixed fee basis. We will be able to provide you with the figure at the outset, allowing you to budget and plan your finances in advance.

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We are proud to be chosen by Cheshire Police Federation as their nominated divorce lawyers to provide specialist divorce and family advice to its members.

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A pre-nuptial/pre-civil agreement is a legal agreement made between two individuals before their marriage has taken place. It usually sets out how the couple wish their assets to be divided between them.

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Owens v Owens; Time for a reform?

The only ground for divorce is that the marriage has irretrievably broken down. In...

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Owens v Owens; Time for a reform?

3rd August 2018

News : Divorce & Family

The only ground for divorce is that the marriage has irretrievably broken down. In order to show that this has happened, the Petitioner must prove one of the following to the Court:

  1. The other party’s adultery
  2. The other party’s unreasonable behaviour
  3. Desertion
  4. Two years separation
  5. Five years separation

There have however, been calls from family solicitors for the divorce laws to be reformed to remove any element of blame, moving to a ‘no fault divorce’ system. Attempts have even been made for the Courts to take a lead. This is seen in the recent Supreme Court case of Owens v Owens.

Owens v Owens

Mrs Owens applied to the family court for a divorce. This was on the grounds that the marriage had broken down irretrievably and that Mr Owens behaved in such a way that she cannot reasonably be expected to live with him. Mr Owens opposed to the divorce. He stated that they still have a ‘few years’ to enjoy together, even if that meant not living together.

In the family court ruling in 2015, Judge Toulson refused to grant a divorce petition on the basis of her allegations. The Judge found they were ‘minor altercations of the kind to be expected in marriage’.

Mrs Owens appealed against this decision to the Court of Appeal. However, the appeal judges examined the case and upheld the original ruling revealing that Judge Toulson had correctly concluded that the marriage had not ‘in law’ irretrievably broken down. It was decided that the examples of behaviour were isolated and flimsy.

Call for reform?

Lady Hale, Supreme Court President, has since said that she found the case very troubling. She stated, however, that it was not for Judges to change the law, confirming that their role is simply to interpret and apply the law.

However, there may be light at the end of the tunnel.

A private members’ bill has been introduced which, if passed by parliament, would allow for a review of the law on divorce and separation. It also proposes a new divorce process where either or both parties could begin divorce proceedings and then confirm the divorce nine months later without alleging fault.

So, is a no fault divorce system on the horizon? Watch this space.

We have Family Solicitors at all of our offices across Cheshire. You can arrange a an appointment by completing  this form, or calling us on 0800 389 7093. Alternatively you can visit our Divorce and Family services page here. We offer a FREE INITIAL CONSULTATION for all new family clients.

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