Tag Archives: settlement

Two Tier Divorce System Emerging in UK Court

An increasing amount of more prosperous divorcing spouses in the UK are avoiding the delays in British divorce courts by choosing to settle their case privately explains The Voice of Russia UK.

According to Voice of Russia, some British attorneys believe that the Family Court system is turning into a two-tier system, with different rules for the rich and poor, similar to UK’s health care system where the UK National Health Service provides free medical services to the masses but the wealthy can opt out to hire private  doctorss.

Last year, British Prime Minister David Cameron and the coalition government cut legal aid for divorce. Consequently many people who were unable to afford private attorneys began to act as their own lawyers, which lead to severe delays in the court system. Clients who have the funds to afford a private attorney have greater control over the time, place and even the judge who deals with their case.

Read the full story here 

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US Dad Forced to Pay 26 Year Old Daughter’s Law School Tuition

Photo by Jeff Hester
Photo by Jeff Hester

Opposing Views recently reported that an American father had been ordered by an appeals court to pay half of his 26 year old daughter’s $225,000 law school tuition fees.

The father, Mr Livingston, agreed to pay half of his daughter’s tuition fees in a divorce settlement in 2009. His daughter then asked him to honor the agreement in 2012 when she was accepted to attend Law school. Mr Livingston responded that he would pay $7,500 and only if his daughter lived with her mother and attended a Law school of his choice.

Mr Livingston’s estranged wife filed and won a lawsuit against him in 2012 demanding that he honor his child support agreement. Livingston recently appealed against the court’s ruling stating that he should not have to honor the divorce agreement because he has become estranged and that he had no involvement in the choice of her Law school.

Mr Livingston may have prejudiced in this decision because of the child support settlement agreement he previously signed. Had there been no signed agreement the Court may have ruled that child support should end when a child reaches the age of emancipation. Chaninat and Leeds Thailand child support attorneys state that in Thailand, the majority (emancipation) age is 20 years old. In US Courts the age of emancipation can vary but is usually considered to be between 18 and 21 years of age. However, in some cases child support obligations may be extended until college graduation.

Read the full article here.

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Prenuptial Agreements To Become Legal in the UK?

It seems the UK is closer than ever before to making prenuptial agreements legal.

There have been two different stories in the press this first week of February 2014:

Firstly, that the Matrimonial Property, Needs and Agreements paper is due be presented to the Justice Secretary prior to  before Parliament.

The news comes as Family Law Week  reports that this week the UK Courts enforced a prenuptial agreement that was being challenged by a wife seeking to overrule the agreement, however the Court decided after a careful review of the agreement, that it should be upheld, moving away from the more traditional stance of English courts in putting prenuptial agreements to one side.

However, it is unlikely this will become officially law until after the General Election which is due to take place next year.

In a Thailand prenuptial agreement, individuals can specify the properties involved and separate them into two categories joint property and individual property. Couples can also specify how finances will be managed during the marriage.

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UK Divorce Settlement Set Aside

The Telegraph has reported that a 1.8 million pound divorce settlement has been set aside in the UK by the Court after it was discovered the husband has not revealed the true picture of his assets.

The documents found by the wife included evidence that the businessman had shares worth up to £740,000 in one company which had a £50 million turnover.

In Thailand a divorce agreement, also known as a divorce settlement agreement, is a contract drawn between a divorcing couple that determines issues concerning the divorce such as: the division of shared property, child custody, visitation, alimony, and other marital issues.

Cases such as this serve as a helpful reminder for couples in similar positions of the benefits of taking advice from a qualified attorney.

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