Archived News - May 2008
12 May 2008 - Does the Mills –v- McCartney decision affect you?
The answer is it could do.
Mills v McCartney
Although most divorces involve much smaller sums of money, the recent judgment in the Heather Mills/ Paul McCartney divorce is of general interest in a number of areas.
Amanda Webb a Solicitor with local solicitors Kenneth Bush says:-
The case involved a ‘short’ marriage, four years but with a child. In general, where marriage is short the courts look at the assets built up during the marriage rather than applying a straight 50% split as a starting point. It also involved a marriage where there were enough assets to achieve a clean break without on-going maintenance for the lower earning spouse. In many average divorces there is not enough money to achieve this.
Ms Mills was awarded a capital sum that would yield her £600,000 a year in income which was what her needs were determined to be. She received about £24m including properties, which was more than the £15m pre-hearing offer but less than potentially she might have been awarded.
Also of general relevance in short marriages is whether there was a cohabitation period before marriage which increasingly is added on in ascertaining marriage length. Here the court did not accept the parties lived together before the marriage. In some short marriages, if the period when couples do live together is added to a marriage, a longer period is considered with implications for asset division. The court also found there was over spending by the lower earner of the higher earner’s money after the separation and £500,000 was taken from the award to compensate the husband for that sum.
The Government recently abandoned its proposals to give cohabitants similar rights on separation to those who are married. Many believe there are “common law marriage” rights under English law which do not in fact exist. It is important that our clients take advice on their rights before moving in with a partner. It is wise to ensure wills are drawn up and where property is owned jointly the shareholding clearly set out.
For those contemplating marriage or cohabitation, steps can be taken to reduce the risks of financial claims should the relationship breakdown.
For more information on this case or other family law related matters call Amanda Webb on 01553 692737 or 01760 721281.
14 May 2008 - KB Staff Take to the Skies
Two brave staff from our King’s Lynn offices, Louise Dobie and Suzanne Curl, are taking to the skies on Sunday, 15th June 2008 to take part in The Great Norfolk Skydive. Both are doing so in order to raise funds for The Norfolk Hospice – Tapping House. The jump itself is being performed on a tandem basis and will involve the aircraft travelling to a height of two miles above the ground and our brave jumpers then falling at approximately 120mph, descending to 5,000 ft in just 40 seconds followed by a more leisurely descent down to earth.
Neither Louise nor Suzanne have ever attempted a skydive before and when asked for their reasons for doing so Louise commented “I met Rob Cartwright, the Tapping House Fundraising Manager through Business for Breakfast. He then organized for me to take a guided tour of the Hospice and I was impressed by the amazing work they do for people suffering with terminal and neurological illnesses in the community. Although new to the area, my family and I have been made to feel very welcome by the people of King’s Lynn and the surrounding area and decided that I would like to give something back. The idea of a skydive coincides with doing something different before I reach the age of 40 later on in the year“.
Although they share a common goal of raising as much money for The Norfolk Hospice as possible during the month they have before the jump, Suzanne had slightly different reasons for becoming involved. “My brother did a parachute jump for charity several years ago and since then I have always been interested in doing one myself but I’ve never been brave enough to actually make the commitment. When I found out that Louise was involved with this event, I decided that it was an opportunity I didn’t want to miss. I am due to have an operation shortly which will take me out of action for a while, and would certainly rule out a skydive, but that won’t be taking place until after the 15th June anyway so this is a brilliant opportunity. I take part in at least one sponsored event each year, for the last 6 years I’ve entered the Race for Life in aid of Cancer Research UK, but with this opportunity I am able to combine raising money for a very worthwhile local cause whilst also trying something which has always appealed to me, despite my fear of heights.”
The Norfolk Hospice has, since 1984, provided palliative care to people with cancer, neurological and other life-limiting conditions, to enable them to live life to the full for whatever time is left. That care is provided without charge throughout Norfolk and the Fens at a cost of £1 million per year. They depend on the generosity of the community to survive: 85% of their costs are paid for by individuals, organisations and groups who give generously to support this vital care. Recently they have obtained planning permission to build a purpose-built hospice in Hillington which will provide a 24-7 service rather than the day-care that is provided at present and a sum of £7million is needed to achieve this. This is a much needed service for our local area and, as such makes what Louise and Suzanne are doing all the more worthwhile. For more information on The Norfolk Hospice you can visit their website at www.norfolkhospice.org.uk.
Meanwhile both Louise and Suzanne are spending all their spare time trying to raise sponsorship for their jump and if you wish to assist then you can do so by making a payment at any Kenneth Bush Branch Office Reception, or, alternatively, you can make a donation online by going to either www.justgiving.com/louisedobie or www.justgiving.com/suzannecurl.
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