Wednesday, 17 November 2010

Divorce insurance – A good idea?

In the wake of legal aid being cut for divorce and family related matters, it is being reported in the media today that a possible way to make financial provision for a divorce should you require one in the future is to take out an insurance policy that covers the cost of a divorce.

The cost of dealing with a divorce and the associated finances can be high if court proceedings are issued to resolve the finances.

It may be that couples will start to look at other methods of resolving finances, divorce and issues relating to children, such as mediation or collaborative law.

Do you think that the government are right to cut the legal aid budget for family cases? Do you think that taking out insurance policies will put pressure on couples? Do you think that preventative measures, such as insurance policies and pre-nuptial agreements are a good thing?

Will such an insurance policy cover all the possible issues that can arise from a divorce, such as children?

Let us hear your views.

http://www.dailymail.co.uk/news/article-1330026/Divorce-insurance-advised-ministers-legal-aid-crackdown-looms.html

Anne Thomas, Legal Executive, Hart Brown Family Department

Tuesday, 16 November 2010

Prince William to marry Kate Middleton

Today sees the announcement of the marriage of Prince William to his long term girlfriend, Kate Middleton.

The past few weeks have seen much comment and speculation in the media about couples who are planning to marry and whether or not they should consider entering into a pre-nuptial agreement. The recently reported case of Radmacher –v- Granatino highlighted the current status of pre-nuptial agreements and whether they are something that more couples should be considering.

Although not the most romantic discussion to have with your fiancé, it is something that couples should contemplate. One party may have a higher income, or be coming into the marriage with significantly more assets. Additionally, one party may have much greater inheritance prospects. A pre-nuptial agreement could help protect your assets or income.

There are rumours of a high-street department store offering pre-nuptial agreements as part of their wedding packages and it is likely that there will be several DIY versions available in the future. Although this may seem like a cheap way to get a pre-nuptial, in the long run it could be more costly as upon divorce you may end up in court arguing over whether it is ‘fair’ and whether it was entered into correctly. It is far better to seek advice from an expert who you can see face to face and draft a personally tailored pre-nuptial to meet your needs.

Do you think that pre-nuptial agreements are relevant in today’s society? Do you think that Kate and William should consider such an agreement?
Let us have your views.

http://www.bbc.co.uk/news/uk-11765422

Anne Thomas, Legal Executive, Hart Brown family department

Thursday, 11 November 2010

Mental Incapacity

The Daily Telegraph reported on the 10 November that “the number of elderly people with dementia will increase by 70% to more than 1 million in the next 20 years”. The statistic is quoted from the National End of Life Care Intelligence Network, which is an NHS programme. The number of those people who suffer dementia and are unable to look after their own affairs due to mental incapacity is not included. Add to that number those who lose capacity through illness or accident and the figure becomes ever greater.

If anything were to prompt individuals into making provision for the loss of mental capacity through accident or the onset of age, statistics such as these surely must. By putting in place a lasting power of attorney, you are able to appoint someone to look after your affairs should you not be able to do so. You can appoint an attorney to look after your financial affairs and also to assist with decisions relating to your personal welfare.

Everyone should considering making provision for mental incapacity and it is never too early to do so.

We all hope that we do not lose mental capacity but if we do, having made provision is an absolute relief for those who have to pick up the pieces.

Find out more about mental incapacity

Read more about the author of this article: Shaun Parry-Jones