Pannone Family Law Blog feed

Berlusconi and wife trade allegations of "cheating" in their divorce

2010-02-02 00:00:00

Various media reports have claimed that the Italian Prime Minister and his wife, Veronica Lario, have been trading allegations of adultery in the context of their divorce.

Mr Berlusconi's antics have been widely reported and it is understood that Ms Lario left Mr Berlusconi when she heard claims that he attended the party of a lingerie model and lavished gifts on her.

Conversely, it is thought that Mr Berlusconi has leaked to a newspaper that Ms Lario had an affair with her bodyguard.

It is not clear whether the publication of the allegations is intended to engender support/sympathy with the Italian Court or the wider public. It may simply be that they feel they need every tool at their disposal given the distance between their positions in their divorce. Ms Lario is apparently seeking 3.5 million a month in maintenance. Mr Berlusconi has offered 300,000.

Such allegations would be unlikely to have any impact in this country. The system in England deliberately keeps the divorce (and the reasons for it such as adultery etc) separate from issues relating to finances.

This can be very difficult to come to terms with for some people. Quite understandably it feels terribly unfair to be financially worse off (as a result of a divorce) when you were in no way to blame for the separation.

The intention, however, is to try and minimise the animosity between the parties. The primary aim of the court is to ensure the needs of any children and the parties are met. This primary aim could become forgotten under the weight of "he said, she said" exchanges which can become emotional and heated.

The result is that a Court in England would not award more maintenance as a result of a husband's attraction to a lingerie model or less maintenance as a result of a wife's affair with her bodyguard, something Mr Terry is presumably rather relieved about.

Grandparents targetted by Labour

2010-01-20 00:00:00

Children's secretary, Ed Balls, has today announced plans to abolish the legal requirement for grandparents to apply to court for permission ('leave') subsequently to apply to the court for contact with their grandchildren when this is denied.

This requirement for leave creates an additional hurdle which is not applicable to parents applying for contact. They can immediately issue their application at court without restriction.

Grandparents with a genuine desire to spend time with their grandchildren are increasingly seeking advice from family solicitors with a view to them regularising contact with their grandchildren through the courts. This demonstrates the preliminary requirement for leave to be out of touch with reality.

Ed Balls focuses on grandparents as the 'unsung heroes' when it comes to informal care arrangements and has also revealed measures to ensure children's centres are more accessible and welcoming for grandparents.

Other measures set out in the Green Paper on families and relationships released today, include providing fathers with more support, together with parents with disabled children.

A full copy of the paper is available online from the department for children, schools and families.

Over My Dead Body

2010-01-19 00:00:00

On Friday 15^th January, Fiona Woods blog highlighted the importance for the unmarried father who is not named on the birth certificate to acquire Parental Responsibility by agreement or by court order if he wishes to be endowed with status allowing him a voice in the major decisions in his childs life.

The importance of Parental Responsibility is not just relevant to decision making during the mothers life but also to a fathers legal standing in the childs life in the event of the mothers premature death.

A mother can choose and appoint another individual to be the childs guardian and to stand in loco parentis on her death. In circumstances where the father does not have Parental Responsibility such an appointment will take effect and confer Parental Responsibility on that individual immediately on the mothers death.

The father would, of course, be able to apply to the court for Parental Responsibility, Residence and such other Orders as maybe necessary but the court will determine the issues on the basis of what is in the best interests of the child from a welfare perspective.

As highlighted in the recent case of Re B (referred to in the 1^st December Blog), unmarried fathers can not rely on their biological links with a child as the trump card in such applications.

It is not just fathers who need to be aware of very the significant obligations of Parental Responsibility. Where there is a surviving parent endowed with Parental Responsibility prior to the mothers death, the mothers testamentary appointment will not take effect.

Mothers and Fathers may have been separated for years, acrimony or circumstance may have resulted in them losing touch. The mother may think that by directing the appointment of a guardian in her will she has secured the best future care of her children. In fact, she will leave such a person with the task of tracking down the father and seeking the Courts endorsement of the mothers belief that they can provide the best upbringing for the children.

Parental Responsibility is not a badge which can be taken off or taken away when it suits. It is a commitment bestowed for life and as such prospective unmarried mothers and fathers should consider carefully, fully and with advice if necessary before they accept all the implications that go with the title.

Unmarried Fathers - What Are Their Rights?

2010-01-15 00:00:00

When a relationship ends and there are children involved parents often worry about their "rights" concerning the children. This is particularly true for unmarried fathers, who often wonder if they have less rights because they are not married to their child's mother.

Mothers of all children automatically have parental responsibility for their child, which entitles them to a say in the important decisions in the child's life, such as education or consenting to medical treatment. Married fathers also automatically have parental responsibility for their biological or adopted children. Unfortunately the same cannot be said for unmarried fathers.

If a child was born before 1st December 2003 their unmarried father would only obtain parental responsibilty for the child by entering into a Parental Responsibilty Agreement with the child's mother, which has to be formally registered. Alternatively if the mother did not agree to this, a Court Order may be obtained the father parental responsibility.

If a child was born after 1st December 2003 and the father's name is on the child's birth certificate, the father will automatically have parental responsibilty for the child, like a married father. If his name is not on the birth certificate he will need to enter into a Parental Responsibility Agreement or obtain a Court Order him this.

It is important that a father has parental responsibility for his child. If you do not have parental responsibilty for your child you should contact a specialist matrimonial lawyer like those as Pannone LLP. We can also assist with problems relating to contact (access) and residence (custody).

Occupation of the Family Home

2010-01-12 00:00:00

As is widely reported, January is traditionally the month which sees the highest number of separations and people filing for divorce.

When couples separate, one of the first decisions they face is who will live where; whether they will both remain living in the family home or whether one will move out into alternative accommodation.

A question we are often asked by clients is whether you can take matters into you own hands and change the locks, to stop the other person from coming back into the house.

If the property is jointly owned (i.e. registered to both parties), neither has the right to change the locks without the agreement of the other. If the locks are changed, the ousted party is allowed to force access back into the property, but only as long as there is no-one in the house at the time, and any damage is repaired.

If the occupation of a property is in dispute, the court can intervene and regulate the terms of ownership under an Occupation Order, although such orders are only granted in certain circumstances.

Who gets to stay in the family house is always an issue which is important to both parties following the end of the relationship. It can also have knock-on consequences for financial matters, such as who pays the mortgage, rent on another property and the various bills and other outgoings. In family law, each case is considered on its own facts, and it is never possible to give a general answer to questions such as "who gets to stay in the house?" and "do I have to pay the bills if I move out?" It is therefore always advisable to seek legal advice tailored to your own circumstances before making any final decisions as to what to do in these circumstances.

French Government intend to make shouting at your partner a criminal offence

2010-01-06 00:00:00

The French Premier, Francois Fillon, has announced the governments intention to create a new criminal offence of psychological violence where couples are married or cohabiting. This would mean that verbal abuse directed towards your spouse or partner would be against the law. It is anticipated that this would include rudeness about their appearance, threats of violence, false allegations such as adultery and swearing.

Whilst it appears that the police would initially be encouraged to simply issue a caution, it is possible that an individual could face a fine, a restraining order or imprisonment if they are a persistent offender.

It is expected that family solicitors will agree that there could be significant difficulties in proving that such an offence has been committed. It is likely to arise in a family situation where there are no witnesses present and where there may be conflicting accounts from each party. It may also be difficult to determine what breaches the law and criminalise individuals having arguments within the course of a relationship, which may be considered completely normal.

In the event that the law is successful in France, there may however be pressure for a similar law to be introduced in Britain. If this were to happen family solicitors here would have to warn all clients about this possibility when advising them.

D Day

2010-01-04 00:00:00

Today, being the first working day after the Christmas break, is traditionally the busiest of the year for family law solicitors. As a result it has become known as D day with the D standing for Divorce.

There appear to be a number of reasons why today is the one which people choose to make their first contact with a divorce solicitor.

The time spent together over the Christmas period, often alcohol fuelled, frequently accentuates rather than heals cracks already present in a relationship. Office parties and festive nights out also provide the opportunity for suspicion and indiscretions. These can all move divorce higher up the agenda for the new year.

Others may have already decided to divorce but chosen not to contact a family solicitor until the new year for the sake of children, family or more cynically presents under the tree.

Relate, the UKs largest provider of relationship support, last year reported a 59 per cent surge in the number of calls to its centres over the festive period.

The tentative recovery which we are seeing in the economy may also spur more people to move forward with a divorce this year. Unemployment and plummeting house prices have put marriages under considerable pressure but many have simply not been able to afford to divorce. The gradual improvements in the economic climate may make divorce more possible.

Men and women in their late 20s have the highest divorce rate with women the most likely to begin the legal divorce process. Although divorce rates are falling so are marriage rates and 11.7 years is the average length of a marriage.

There are many issues which arise when a relationship breaks down. If you are one of those contemplating a divorce you should consult a specialist family solicitor. This can help to avoid considerable costs both emotional and financial in the future.

All of the solicitors in the family department at Pannone are specialists in family law and will be able to provide you with further advice on your situation.

When is adultery not adultery?

2009-12-16 00:00:00

After claims by Tiger Woods that he was taking time out from the golf course to work on his marriage and spend time with his family, rumours are now rife that his wife, Elin Nordegran, has sought legal advice from a top US divorce lawyer.

Were Woods and Nordegran to get divorced in England or Wales, the most logical fact on which a divorce petition could be based would be Woods adultery. But, what impact does any period of cohabitation after the discovery of such adultery have on the ability to rely on it in the divorce proceedings?

Nordegran would not be entitled to rely on adultery committed by Woods if they lived together for a period or periods together which exceed 6 months after the date when the adultery was discovered. The time begins to run when the adultery was discovered. When it was committed is irrelevant. In circumstances of adultery having been committed on more than one occasion, time will not begin to run until after the petitioner learns of the last act of adultery.

This timescale would therefore leave Woods and Nordegran with time to attempt a reconciliation and to work out their differences, although it appears that Nordegran may well already have made up her mind.

The adultery must also be proved. The usual way to do this is by obtaining an admission of infidelity from the Respondent. Woods comments to the press and media could appear to be such a confession, however the court would want something in writing signed by him, not mere assertions in the tabloids.

It is also generally accepted as bad practice to name the third party in the divorce proceedings. There is no need to do so and it does not add anything positive to the divorce process. Instead, it generally has the effect of increasing the acrimony between the parties, and heightening the tension between them at a time at which both are usually at their most vulnerable.

Should the children be with me on Christmas Day?

2009-12-11 00:00:00

The Christmas period can create problems between separated parents in respect of the arrangements for children.

The arrangements should be considered in sufficient time ahead of the Christmas holidays to try and avoid problems. Some families find that they prefer to share Christmas Day, whereby one parent has the children in the morning and the other parent has the children in the afternoon. Other families prefer to alternate whereby the children spend Christmas day with one parent one year and with the other parent the next year.

It is important to recognise that Christmas contact can be enjoyed on a day other than the 25th December and every effort should be made to reach a solution which is with the children's best interests in mind.

Whilst the courts can intervene, applications to the courts should be made as a last resort and the courts priority is the children and not what each parent wants. Legal advice should be obtained prior to making any such application.