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News
13.01.2012
Changes ahead for child maintenance calculations – The proposed changes will be made using the powers available under the Child Maintenance and Other Payments Act 2008.
The key changes proposed are, in summary:
- Maintenance calculations to take account of a child supported by a non-resident parent outside of the statutory scheme: such children will be treated as if they were a qualifying child.
- Income information for the non-resident parent will initially be sought from HM Revenue and Customs (HMRC) rather than the non-resident parent themselves.
- A second level within the basic rate will be added for those non-resident parents with weekly income in excess of £800.
- The flat rate amount to increase from £5 to £7.
- The introduction of annual reviews of the maintenance calculation using updated income information supplied by HMRC.
The Child Maintenance and Enforcement Commission is seeking views on proposed changes to the calculation of child maintenance. A “technical consultation” paper has been published on their website and a deadline for responses is 23rd February though there is no indication of when the changes might come into force.
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29.12.2011
Number of divorces up from historic low in 2009 - Figures from the Office for National Statistics show that the number of divorces increased by 4.9% to 119,589 in 2010. This is an increase from a historically low figure of 113,000 in 2009, which was the lowest number of divorces granted since 1974.
Other notable figures, according to the ONS release are that:
- The divorce rate rose in 2010 to 11.1 divorcing people per thousand married population from 10.5 in 2009.
- 22 per cent of marriages in 1970 had ended in divorce by the 15th wedding anniversary, whereas 33 per cent of marriages in 1995 had ended after the same period of time.
- The number of divorces in 2010 was highest among men and women aged 40 to 44.
The full underlying data is available on the ONS website.
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23.12.2011
Legal Aid changes delayed until April 2013 – The news was announced by Kenneth Clarke, Secretary of State for Justice, in a written statement to the Commons on 1st December.
The primary reason for the delay was explained:
“Clearly the development of a competition strategy will be likely to have a substantial impact on the market for legally aided services, as will a number of other current developments. These changes will require significant levels of engagement between the Government and the profession. We plan to begin these discussions in early 2013 once the key components of our legal aid reform package, the regulatory changes allowing alternative business structures, and the introduction of the quality assurance scheme for advocates have had time to bed down. We will publish a full formal consultation document on the competition strategy towards the end of that year.”
The full statement can be read on the Parliament website.
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24.11.2011
On 9th November 2011 the Supreme Court delivered its judgment in the case of Jones v Kernott. Mr Kernott and Ms Jones had purchased a property in their joint names in 1985 intending that they should own it equally. They separated in 1993 and in 1996 Mr Kernott purchased another property of his own. Despite not being married the Supreme Court held that Ms Jones should be entitled to 90% of the proceeds of sale of the property. The Supreme Court reversed the earlier decision of the Court of Appeal imputing an intention that following their separation the couple intended that Ms Jones should hold a 90% interest in the property. The case reflects the uncertainty of the law affecting family property and the importance of couples trying to reach agreement about the division of their property whether by mediation or other means. For further details of the case go to Jones v Kernott.
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06.05.2011
Click here to read procedure information for Family Mediation Information and Assesment Meetings.
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14.03.2011
In this article on guardian.co.uk, Nicholas von Benzon discusses the impact of changes in legal aid funding in light of the new protocol due to appear in April.
03.03.2011
Click here to read an interesting article written by Nicholas von Benzon about reducing the stress experienced by children following their parent's separation.
To find out more about safeguarding your children's future through separation, contact cheltenham mediation services on 01242 633773.
24.02.2011
Nicholas von Benzon appeared on BBC Radio Gloucestershire to discuss mediation.
04.02.2011
On the 6th April 2011, a new protocol will be introduced requiring those who wish to commence family law proceedings relating to children or property to consider mediation as an alternative to Court proceedings before issuing their application.
To find out more, click here.
