Volunteers are often the bedrock of charitable organisations, but they are not protected from sexual harassment within those organisations.
The statutory ground for divorce under the 1973 Matrimonial Causes Act, amended by the Marriage (Same Sex Couples) Act 2013, is the irretrievable breakdown of a marriage of at least one year’s duration. This ground for divorce is evidence by one of five facts:
- your spouse has committed adultery;
- your spouse has behaved unreasonably;
- your spouse has deserted you for two years;
- you have lived apart for two years and your spouse consents to the divorce; or
- you have lived apart for five years.
Financial claims following divorce are settled by either an agreement or a court order. How this is settled depends on the statutory framework and years of case law that guide the solicitors involved. The length of the marriage relationship is a key factor in determining how assets are apportioned. Principles of fairness, need sharing, compensation and sharing must be taken into account.
Despite the best efforts of family solicitors to disabuse the public of its existence, many people still espouse the concept of the ‘common law’ husband or wife. However, there is no statutory process to regulate the breakup of an unmarried couple and, instead, the unmarried party must rely on strict and, often complicated, property rights.
In the absence of an express written intention (in the best case a Deed of Trust, and the worst case a letter of intention), the court looks to the legal title; whose name(s) is on the deeds or, these days, registered at the Land Registry as the legal owner(s)? Unless you are married to the owner you have no statutory family-related right to make a claim. Contribution might be ignored completely. In exceptional circumstances, the court will try to infer an intention from people’s behaviour – even if it was never discussed. Not an easy task.
The situation can be even worse when the house is in the sole legal ownership of just one party. Did the other party pay for the central heating or build an extension? Did he tell her she couldn’t be a co-owner because she wasn’t working? Did she give up her own tenancy to move in and help pay the mortgage? The first is deception, the second is detrimental reliance.
For further information
Here at Anthony Collins Solicitors, we have been hard at work advising a charity client, BICMP, on its new music project, ‘Resonance’.
Currently, the only ground for divorce is irretrievable break down of a marriage. Following a consultation, the Government has announced its intention to reform the legal requirements for divorce.
The UK Information Commissioner’s Office (ICO) has recently made some noteworthy changes to its guidance around data subject access requests (DSARs).
In the fourth part of our series on contract management pitfalls, we look at the risks arising out of varying the terms of construction contracts.
A local authority recently received a "roasting" by the Pensions Ombudsman for their delay in processing an employee’s ill-health retirement pension, following her diagnosis with advanced cancer.
The Times is looking for three or four charities to feature in their editions running in December 2019 and early January 2020.
Cliff Mills defines and talks about the importance of social value in his blog, and its potential within Greater Manchester.
Following a power outage at Anthony Collins Solicitors’ (ACS) Birmingham office, our employees and partners currently have limited functionality, including no access to emails.
Joint ventures present an opportunity for housing associations to build organisational capacity, the revenues from which could help deliver on wider social housing commitments.
To receive invitations to our events, as well as information and articles on legal issues and sector developments that are of interest to you, please sign up to Newsroom.