Family Law Solicitors in Liverpool Handle Painful Custody and Divorce Cases Regularly

The first time I heard the Tammy Wynette song D.I.V.O.R.C.E was many years ago and even though I was still young at the time, I cried my eyes out just from the way that it made me feel. It is a sad fact that as a Liverpool solicitor and coming from a solicitors family in Liverpool, I have seen many divorce and custody cases, many of which have upset me.

Family solicitors in Liverpool and those working in every other place too, handle painful cases dealing with divorce and custody on a regular basis and for some people this is not a problem. For the more sensitive types, and yes there is such a thing as a sensitive solicitor no matter what the stereotypes are, dealing with such cases day in and day out can be very depressing. Contrary to popular belief, family law solicitors in Liverpool and other places do have feelings and try their best to help their clients through a difficult time.

Although a divorce is a normal fact of life these days, it was not always the case and in the past a divorce was much harder to obtain. Before 1858 the church courts could provide only one of two remedies. Both were costly and infrequent, there being only about forty a year in the 1840s: Divorce from bed and board (a mensa et thoro, literally from table and hearth) which separated the parties but did not allow either to remarry during the lifetime of the other. It could be granted on grounds of life-threatening cruelty or of adultery by the husband or the wife. The payment of alimony (means of support) to the woman might then be enforced through the civil courts.

Divorce from the chain or bond of matrimony (a vincula matrimonii) declared invalid the marriage itself and thus allowed either party to remarry. It could be granted if the marriage were not consummated within two years, for impotence, frigidity or lunacy, or if the marriage could be shown to be incestuous or bigamous, or carried out by force or in error, or, before 1753, if one of the parties lacked age and consent. These were ripe fields for argument and appeal if property was involved.

Under the current law in England and Wales, if separating couples cannot agree how to divide their assets it is up to a judge to make orders. Where there is not enough money or property to be divided equally between husband and wife the courts try to work out the spouses’ needs. Orders can be made for the richer party to pay the poorer a lump sum, to pay a certain amount of support for a particular number of years; or to sell the family home.

All of this makes for stress and disagreements which unfortunately often involve children too. This is why family solicitors in Liverpool have to step in and try to handle matters in a way which will minimise the upheaval felt by everyone involved.

Marital Law UK Often Seems to Be Unfair at Times

I was recently reading about Family Law in Partnership UK and how UK partnership law works. It is an interesting subject, whether or not you have a vested interest in partnership agreements UK or not, and I learned a lot about marital law UK too. I know we are taught to believe that the law is equal but in practical terms there has to be a loser as well as a winner and which one is which will depend on many factors.

This winning and losing often makes things seem as though the law is unfair and many people have the firm belief that many things within the law are biased one way or the other, such as divorce and custody matters. Although things have changed in recent times, with many more things coming out in favour of women, divorces continued to favour men, with the award and maintenance for the less wealthy spouse – usually the woman – being calculated based on needs, until the White v White case in 1996.

Martin White and his wife Pamela had run a farming business, worth about £4.5m during their 33-year marriage. At first Pamela White was awarded £800,000, but she took the case to the court of appeal, then the House of Lords in 2000, and was finally awarded £1.5m. It was a landmark case because it was decided the assets should be split more fairly, and recognised the contribution of a "homemaker".

Family law England is the area of the law which deals with all matters related to the home, family and relationships. This covers things such as pre-nuptial agreements, separation, divorce, custody of children and even pets, division of property and assets and continued support and maintenance. Family law is one of the biggest areas of the law and covers so much ground. In fact there are many firms of solicitors which only specialise in family law, whereas other firms will deal with other aspects such as criminal law, commercial law and immigration law too.

Coming back to partnership agreements UK, you should know that it is very important to have a legal form drawn up in case of problems arising from or caused by things such as:

• Friendship is the most common reason for going into a business partnership - but is your friend a good business person?
• Personality conflicts might damage the business.
• Outside influences such as husbands/wives may demonstrate personal likes and dislikes.
• There might be dishonesty or irresponsibility on the part of one partner or the other.
• You might have conflicting goals.
• The balance of work and duties might not be fairly distributed.

• There might be a lack of meaningful communication.
• Bankruptcy of a partner does not make you liable for their debt, but it can cause you serious financial problems if you try to purchase the share of the business that is in the hands of the receiver or the creditors.

Conflicts may arise and this will make one person feel that UK partnership law is not fair at times.

Solicitors in Liverpool Have to Deal with Legal Aid Cases Every Day

As with all aspects of life, the law has different ways to deal with different cases. Although the law in theory is the same for everyone, it is a shame that as with most things, having more money can often mean the difference between success and failure. Solicitors in Liverpool amongst other places deal with legal aid cases every day as well as with those cases where legal aid is not required.

The law is a business as much as anything else and things pertaining to solicitors legal in Liverpool need handling with care. This means that solicitors law Liverpool are most likely the same as that elsewhere, and bound by the same rules and regulations, no matter how much money is involved.

The legal aid scheme

The Legal Services Commission (LSC) directly funds legal services for eligible clients. Since April 2nd 2001, only organisations with a contract with the LSC have been able to provide advice or representation funded by the LSC. In family law, only specialist firms are funded to do the work. Legal aid is provided by solicitors employed by the Board in its law centres. In certain family law and asylum cases, legal aid may be provided by solicitors in private practice who are contracted by the Board and placed on a panel for this purpose.

Legal aid is available in relation to most civil matters. A limited number of matters are excluded from the scope of civil legal aid, and you should consult with your local law centre solicitor if you are in any doubt or need further information. You can only get legal aid for divorce proceedings if you're a victim of domestic violence or abuse.

How do I qualify?

Legal aid is a complex system which often changes but basically if you are receiving income support, income based jobseeker's allowance or guarantee state pension credit, and then you will be eligible with regard to capital and income limits. If you are not receiving one of these benefits, you must be able to show that your capital and your income are within current financial limits. Please note that if you are living with a partner (not your spouse), his or her income and capital are also taken into account.

Who decides on eligibility?

It is either a solicitor or adviser who decides on this and you will be told at once when you are assessed. You will be asked a series of questions about your legal problem and financial situation. This shows you how to work out your disposable capital. This will give you a guide only and it will not mean that you are definitely eligible.

Solicitors in the Liverpool area will be able to help you with many things as long as you are open with them and it also helps if you have any necessary documents handy with you when you visit. The law is complex but using solicitors Liverpool are often the best way to get results and to do things properly.