August 2022 / 17 posts found
The Pros and Cons of No-Fault Divorce Proceedings
No-fault divorce proceedings are when either party ends a marriage without having to apportion blame to the other. There are pros and cons to no-fault divorce proceedings. Some people argue that it makes the process of getting a divorce simpler and less acrimonious. It can also be quicker and cheaper than assigning blame, as both parties do not need to go through a lengthy court case. On the other hand, some argue that no-fault divorce removes important protection for individuals who do not want to get divorced. Pros #1: Quicker and less expensive A no-fault divorce is faster and less […]
No-fault divorce is finally law – but there is more we can do
It’s been a long time coming, but the Divorce, Dissolution and Separation Act has finally come into effect. According to the Ministry of Justice, it is “the biggest shake up in divorce law for more than half a century.” It is indeed a seismic shift for family law in England and Wales, and a hugely welcome shift at that. The creation of a new online portal is not only a better means of access to the system but represents a new approach to an old issue. There had been numerous false dawns and even a false start on this legislative […]
New “no fault” divorce laws in England explained
Family lawyer Teresa Davidson welcomes new “no fault” divorce for clients The last time the divorce laws changed in England was almost half a century ago – but from April couples can separate without having to apportion blame. At last this means couples who have decided to divorce can spend their time and money on working out an amicable parting and future for them and any children. It’s known as the “no fault” divorce and comes into force on April 6, as part of wider changes to the divorce process brought in by the Divorce, Dissolution and Separation Act 2020, […]
First-step analysis: litigation proceedings in United Kingdom
Litigation proceedings Pre-action steps What pre-action steps are required or advised before bringing legal action? (For example, is pre-action mediation mandatory in your jurisdiction?) The Civil Procedure Rules (CPR) sets out what steps parties should take before commencing litigation, including specific pre-action protocols for certain claims (ie, defamation). There is no specific pre-action protocol for technology disputes, but parties should follow the Practice Direction on Pre-Action Conduct and Protocols (PDPAC). At a minimum, parties are expected to write to each other setting out their position and disclosing key documents in a dispute. Parties are also required to consider whether negotiation or […]
Social media and divorce: The problems it creates
Social media is now more prominent in our lives than ever before, but it can bite back. Shamin Ali, from Tilly Bailey & Irvine’s private family law team, explains how it affects divorce cases in the modern world… Social media undeniably plays a huge part in our lives and some would say an obsessive part of our day to day lives. Data suggests that social media is now a factor in one in seven divorces, with a similar number admitting that they look online for evidence that their partner has been unfaithful. Social media has also been cited as the […]
Real Long-Term Physical and Mental Health Effects of Divorce
Alan (not his real name) has been divorced for five years. He comes to see me because he has continued to suffer from anxiety, depression, and bouts of anger. His girlfriend recently ended their relationship because he often complains about his ex-wife and she worries about his increased alcohol use. He feels his life has stalled and recognizes that he is stuck. One of my first goals in working with someone like Alan is psychoeducation. I want to help him understand how the divorce has affected him by putting the divorce into perspective. Once we reduce his symptoms of anxiety […]
Strategies for Manufacturers Who Wish to Exit Distribution Agreements Without Protracted Litigation …
[author: Andrew Howey] This week’s post is authored by Andrew Howey, non-lawyer intern. Andrew had a great summer with us and the post below was generated after discussions we had recently with manufacturers about how to exit distributor agreements. Andrew’s comments were in consultation with other members of our manufacturing team. When negotiating distribution agreements, sometimes manufacturers overlook the significance of termination clauses. After all, if you are in the process of making an agreement with a new distributor, why take the time to worry about what will happen if the agreement needs to end? Yet this mistake can often […]
Good news for international defendants facing litigation in Spain – Three recent court decisions…
Since the enactment of the 1978 Spanish Constitution, the Spanish Constitutional Court has steadily protected service of claims on the defendants as part of the human right to a fair process. The peak of this protection was reached in Judgments 6/2019, 47/2019, 40/2020 and 50/2021, in which the Constitutional Court indicated that service of claims could not be achieved through e-mail communication to the e-mail address used for communications with the Spanish Tax Administration. For those non-Spanish defendants being a party to Spanish proceedings, three recent judgments by the Constitutional Court have declared the lack of validity of some recourses […]
My research into divorce shows the pain it can cause
If January wasn’t already depressing enough, today – the first working Monday of the year – is “divorce day”. Having made it through the holidays, this is the day that legal professionals report receiving the highest number of enquiries from couples wanting to officially split. A tense festive period, not to mention Covid restrictions, will have turned up the heat on simmering resentments and made married life, for some, unbearable. Divorce is a common event in family life – 42 per cent of British marriages will end this way. In 2019, 108,421 divorces were granted in the UK. We’re used […]
How is Commercial Litigation Different from Other Types of Litigation?
Commercial litigation involves almost any dispute arising from the modern business structure. It is commonly thought of as a specialized area of law. An attorney practicing commercial litigation may handle general cases or specialize in specific areas such as breach of contract claims, real estate issues, or partnership dissolution. Here we will discuss how commercial litigation is different from other types of litigation. Involvement of Businesses Rather Than Just Individuals Most of these disputes involve the business entities like corporations, LLCs, partnerships, and so on. These entities have legal rights, duties, and obligations distinct from their owners or members. It […]