November 2017 / 29 posts found

The Unsolicited Attack: It Can Happen While Going Through A Divorce

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When a couple is going through a divorce, they are typically not on the best of terms. The couple’s relationship is probably at its all time worst—worse than during the end of the marriage. Couples often show their worst selves during a divorce, and that includes what  I call “The unsolicited attack.” Let me explain. Picture this. You are sitting in front of the TV late at night. The kids are in bed and you are finally de-stressing from the day, trying not to think about work, finances, your upcoming court hearing, the fact that you are in this nightmare […]

Woman Wants Divorce Because Her Husband Is Doing All The House Chores Alone!

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A 28-year-old Egyptian newlywed woman, is seeking a divorce after only two weeks of marriage because her husband does all of the household chores, Egyptian news website Masrawy, reports Her husband, 31, also runs a successful clothing store, where he employs several staff members and is therefore able to spend most of his time at home. Samar claims that he spends all of that time cleaning and rearranging furniture and that she can no longer handle living with him. The woman, known only as Samar M., claims that her husband, Mohammad S., is acting like a housewife, and she has […]

Jim Flynn: When laws on divorce, probate intersect

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As you might expect, divorce law and probate law sometimes intersect. A final divorce decree terminates all rights to inherit from a former spouse. Occasionally, however, divorcing spouses enter into an agreement that continues after one of them dies. The Colorado Court of Appeals ruled in September on such a case. When Carl Williams and Roberta-Diane Perna were married in 1988 (he was 60; she was 42), they signed a prenuptial agreement. This agreement said that if they divorced, Carl would make monthly payments to Roberta-Diane until her death or remarriage. It said nothing about what would happen if Carl […]

Electronic media: what can I look at when I’m going through my divorce?

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Divorce presents a very foreign world to many when it comes to what they can and can’t look at and use. When someone is married, they may assume they have a right to look at anything their spouse receives and to check into anything their spouse does. While those ground rules may work during a marriage, assuming the same thing to be true during a divorce is fraught with peril. FEDERAL LAW APPLIES Most people going through a divorce would never imagine that a federal law designed to catch criminals who secretively snoop on others and take their data may […]

Divorce is a disaster. Don’t let’s make it easier

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I went to Relate once, the counselling service formerly known as the National Marriage Guidance Council. I wasn’t married at the time — this was about 25 years ago — but in a long-term relationship. Or at least it was long-term for me at the time. My girlfriend went with me and I rather hoped they might say to her: ‘Stop shagging that man called Raymond, you little whore.’ But they didn’t at all. They kind of noted the existence of Raymond in what seemed to be a slightly approving manner, and suggested it was probably for the best if […]

Divorce can make a mess of tax benefits

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My wife was browsing through some online “for sale” ads and came across a wedding dress for sale. The ad read: “For Sale: Wedding dress. Worn once by mistake. Call Julie.” Now, it’s clear many marriages don’t work out in the long run, unfortunately. This has a few implications. First, you might find a good deal on a used wedding dress if you check online. Second, it can complicate your tax filings and certain benefits you might be entitled to. In the past three weeks, there have been two court decisions handed down by the Tax Court of Canada, each […]

Andrew Tettenborn: Divorce on demand makes breaking up nastier, not nicer

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A P Herbert’s Holy Deadlock in 1934 adroitly, and rightly, lampooned our pre-1960s divorce law for simultaneously making a high-minded demand for evidence of misconduct in order to obtain a divorce, while in practice nurturing a curious industry of histrionic hanky-panky in Brighton hotel rooms to satisfy the demand it had itself created. In 1969 all this changed. The present rule was introduced to deal with the problem. It is essentially this. A decree nisi comes immediately if you show adultery, desertion or unreasonable conduct ending any legitimate expectation of cohabitation; but, importantly, you can alternatively get a decree by […]

Exploring applications for declarations of parentage (Akyuz v Akyuz)

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What was the background to the case? The applicant had commenced legal proceedings in Turkey to claim a share in the estate of the deceased, who she maintained had a ten-year relationship with her mother and was her genetic father. She then commenced proceedings in England for a statutory declaration of parentage under s 55A of the Family Law Act 1986 (FLA 1986). The two sets of proceedings sought differing relief and remedies, but essentially raised the same question of fact—was the deceased the applicant’s genetic father? The first respondent to the English proceedings was one of the deceased’s daughters from his […]

Busting Myths about Divorce Litigation

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Many people claim to know what to expect when ending a marriage. There are a number of popular myths that mislead people about the common outcome of cases and what rights they are/are not entitled to. A lot of people may have seen their parents or another relative go through a separation and think they understand everything about it. This can lead to people having a disadvantage in court because they don’t know or have assumed the facts. Divorce lawyers in Sydney are specialists in this type of family law litigation and will help their clients to make the most […]

Fujifilm and Polaroid begin litigation over photo borders

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Camera manufacturer Fujifilm has asked a US district court to clear it of any wrongdoing after it was allegedly threatened with trademark litigation by Polaroid. Fujifilm filed its complaint for declaratory judgment on Monday, November 13, at the US District Court for the Southern District of New York. In the suit, the brand licensor and marketer of the IP rights for Polariod instant cameras—PLR IP—was accused of “turning against Fujifilm by suddenly demanding millions of dollars in annual royalty payments, on threat of a lawsuit”. According to the suit, Polaroid first released its camera in 1947, but more than 60 years […]