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Wigan Family Law Blog

Former beauty queen appeals her divorce settlement

The most recent ex-wife of a millionaire lawyer has appealed her £3.3 million divorce settlement claiming that her former partner could be paying her twice as much as she is currently receiving. The 43-year-old former World Miss University was the fifth wife of the lawyer, and Greater Manchester area residents may recall the details of the luxury lifestyle the couple enjoyed together while they were married from their divorce battle that took place in 2015.

They had lived a life of extravagance at their Central Park property in New York City until their separation in 2011, when she was relocated to London by her former husband, along with the couple's two children. Her claims for financial support at the time included more than £130,000 per year for clothing, holidays and beauty regimes and she was awarded over £3 million in assets, annual maintenance of £370,000 and is receiving £100,000 annually to build a savings pot.

Potential new record for U.K. divorce settlement

The marital split of the businessman who owns the restaurants The Ivy and Le Caprice could result in the U.K.'s largest divorce settlement ever. According to reports, Richard Caring has moved out of the family home in Hampstead and is now living with the mother of his infant son in another area of north London. Residents in the Greater Manchester area may recall that, until now, the largest divorce settlement payout was for £337 million in 2014.

Caring is valued at £700 million, and an equal split with his wife will see him paying £350 million and setting a new record in the U.K. for a divorce settlement. Family courts have begun leaning towards limiting the timescale of maintenance payments for former spouses and this may have an impact on how a settlement is reached. But, while the multi-millionaire has been reported as being aware of the financial hit he may take, he is so wealthy that even losing half of his net worth will not affect his lifestyle.

Equal split of assets in darts legend divorce

The darts legend Phil Taylor has built a successful career on the back of his 16 world championship wins. But after his marriage ended two years ago, Manchester residents may be surprised to hear that the financial situation of his family reportedly left his daughters reduced to living on benefits. The family court judge hearing the case said that he should have done more for his family and ordered him to increase his divorce settlement offer.

He is estimated to earn more than £1 million each year and has assets worth over £3 million. The judge said that the offer of £830,000 that he has made was not enough and ordered him to hand over the family home in Cheshire worth £600,000 as well as other properties. He said that his wife had not pursued a career of her own as she had been taking care of the couple's four children and should now be given a settlement that would last for the rest of her life.

New pension rules for divorced women

The new pension system for those that retire after April 2016 has changed the way divorced women can calculate the amount of state pension that they will receive. The new regulations have been described as simpler, but divorced women in the Greater Manchester area may wish to examine the effect these changes will have on their financial situation when they come to retirement.

The new regulations have removed the right of a divorced woman to use her ex-husband's national insurance record for the period of their marriage when claiming her state pension. In the past, if a couple were together for a long time and then divorced shortly before reaching retirement age, the wife could have received almost the full state pension. The change in the rules means that, unless she has made a significant amount of NI contributions in her own right, a divorced woman may receive a much smaller state pension than she had expected.

Practical post-nuptial agreement information

Those of you in the Greater Manchester area who are considering making a post-nuptial agreement may be interested in some further information regarding this type of document. Although these are not legally binding in the United Kingdom, they can provide an insight into the intentions of the parties, and if your marriage comes to an end, Family Court will review the contents and take this into consideration when making its ruling regarding the division of assets.

A post-nuptial agreement is created at a time after a couple is married or has entered into a civil partnership and should be periodically revisited and updated to remain relevant to the changing circumstances of the couple. When the court is deciding on how assets should be divided, it will seek to make an arrangement that it considers to be fair at the time of the separation. It is, therefore, more likely to uphold the details of the agreement if you have kept it up to date.

Austerity cuts for victims of domestic violence

Many victims of domestic violence are not receiving the assistance that they need, according to campaigners, and the situation may worsen following government spending cuts. Manchester residents who have been through these types of situations are likely aware that abuse in the home is not just limited to physical aggression, but can include coercive behaviour and emotional manipulation. The very nature of this abuse makes it difficult for victims to seek aid, and when they do, the shortage of targeted services means that appropriate help is not always available.

The proposed government cap on housing benefits will directly affect the funding for shelters for domestic violence victims. More than 90 per cent of all the victims are women, and the organisation, Women's Aid, has carried out research that shows that 67 per cent of shelters may have to close unless they are made exempt from the proposals, a drastic statistic that the organisation says will have life-threatening implications for many victims seeking to escape from the violence in their homes.

Eddie the Eagle loses in divorce settlement

Michael Edwards, better known as Eddie the Eagle, is divorcing his wife after 13 years together. Moviegoers in the Greater Manchester area who saw the film based on his story might assume that his fame has allowed him to live a lavish lifestyle. But the 52-year-old former Olympian revealed that he has been reduced to living in a shed and eating sandwiches after the divorce settlement saw him lose almost all of his wealth.

He became famous in 1988 when he was took part in the Winter Olympics that were held in Canada. His lacklustre performance in ski jumping saw him come last in the competition, but it was his persistence and resolve that won him praise. The movie features Hollywood actor Hugh Jackman and tells the story of his battle. He signed the rights to his story 17 years ago, and when the film was released in March, he received £180,000.

Importance of parental responsibility

Parental responsibility is the legal right of adults to make decisions on behalf of a child in their care. When parents decide which school their child should attend or when a hospital asks them to sign a medical consent form prior to a procedure for their child, they are able to do this because they have parental responsibility. But couples in the Greater Manchester area should be aware that the legal responsibility for their child may change in the event of a divorce.

It is important that the person providing day-to-day care for a child has the legal right to make decisions on the child's behalf. A mother automatically receives parental responsibility when the child is born, but when the parent of a child remarries, the stepparent may also be entitled to this legal right. If all the parties who have parental responsibility agree, then the stepparent can also be given the responsibility. The other option is to request a Parental Responsibility Order from the court which will make its ruling based on what it considers is best for the child's welfare.

Custody woes for working mothers

Child maintenance figures from the Child Support Agency for Manchester and across the U.K. show that almost 67,000 mothers are recorded as being the non-resident parent after a separation, a number that has been on the increase. Traditionally, when a relationship has broken down, mothers have gained custody of the children while their husbands have been the non-resident parent. But this situation may be coming to an end as more women are pursuing successful careers in the workplace and taking on the role of the primary wage earner.

In child custody disputes, the court will make its decision based on what it deems is best for the child. This has often meant that the main caregiver has been granted custody, and now, with increasing numbers of husbands staying home to look after the children while their wives provide the household income, this has led to an increase in cases where the stay-at-home husbands have won custody.

Shared parenting is not necessarily an equal share

The introduction of a new bill that is aimed at enhancing the rights of children to stay in contact with both of their parents after a divorce may have raised unrealistic expectations, according to a retired judge. Parents in Manchester who are going through a divorce and who believe that the changes to the 1989 Children's Act will guarantee them equal access to their child should be aware that judges will still hand down rulings that they believe are in the best interests of the child.

The Shared Parenting Bill is the Government's proposal to ensure that, after a divorce, the parent who is not the main care giver of the child is still able to be involved in the child's life. Sanctions for failing to adhere to court orders can include the confiscation of documents such as passports or driving licences and even being subjected to movement restrictions, such as curfews. The bill has been criticised by a number of organisations, including the Law Society.