Coercive and controlling behaviour becomes an offence

In last week's blog you'll remember that I mentioned that 'coercive behaviour' was not provided for in the changes to Legal Aid in April 2013.

Now this week a new domestic abuse offence for "coercive and controlling behaviour" within relationships has been announced by the home secretary.

Home Secretary Theresa May said domestic abuse by intimate partners or family members was a "hideous" crime that shattered lives and that she hoped the new law would protect victims from extreme psychological and emotional abuse.

The maximum penalty for the new offence in England and Wales will be five years in prison and a fine.

Coercive and controlling behaviour can include the abuser preventing their victim from having friendships or hobbies, refusing them access to money and determining many aspects of their everyday life, such as when they are allowed to eat, sleep and go to the toilet.  Evidence of such behaviour could be threatening emails and text messages, or bank statements that show the perpetrator sought to control the victim financially.

At the weekend I heard a phone-in where a woman said her husband didn't like Christmas and would not let her have a Christmas tree.  It's the word 'let' that is most telling here, and it does indicate a degree of control which should perhaps be worrying.

If you're concerned about yourself or a friend of yours, remember you can speak to myself or Sally Fitzherbert in our Family Law department.

Challenge to legal aid changes relating to domestic violence

The charity Rights Of Women is mounting a challenge over the legality of changes made to legal aid in April 2013 which set out evidence requirements for domestic violence cases.

When new rules to legal aid were introduced in April 2013 under the Legal Aid, Sentencing and Punishment of Offenders Act, the government was keen to stress that cases involving domestic violence would continue to benefit from legal aid funding.  However, a report published last week by Rights of Women, Women’s Aid Federation England and Welsh Women’s Aid shows that nearly 40% of women affected by violence do not qualify for funding as they do not have the required evidence to support an application for legal aid, leaving them to fund legal representation themselves, represent themselves in court against their assailant, or simply do nothing.

Under the new rules, although it was possible for emotional or psychological abuse to give rise to the required evidence, in reality it has been very hard to prove. Financial abuse and controlling or coercive behaviour were not provided for at all.

The survey further showed that 60% of women took no action as a direct result of not being eligible for legal aid.

We recognise that a lot of women may not want to approach their GP, who may be known to their family, with a report of domestic violence.  They may feel embarrassed to report any incidents to someone who knows them or their family.

In cases of domestic violence we would suggest speaking to a lawyer first to find out exactly what evidence is required and what your options are.  In the first instance, you can give us a ring for a brief chat, in confidence, about your circumstances - you can speak to myself or Sally Fitzherbert in our Family Law department.

What happens to your Will if you divorce?

Your Will remains valid until your divorce is finalised.  At that point your former spouse will no longer inherit even if he or she is still named as a beneficiary.  Your ex-spouse may also be named as an executor which might not be appropriate any longer.

If you don’t have a Will you are deemed as being ‘intestate’.  After a divorce the main beneficiaries would be your children, but if you don’t have any children your assets will pass to your parents if they are still living.  If they have already died, your assets will go to your siblings, then more remote relatives.

It is a very good idea for divorcing parties to update their Wills because:

1. If you do have children you can nominate who you would want to look after them, although your former spouse will have rights before anyone you nominate.
2. You decide where your assets go - you may not want them to go to (say) your siblings.
3. You can make use of allowances to reduce the liability to Inheritance Tax*
4. You can decide to leave money to a charity.
5. Any new partner that you have but aren’t married to will get nothing unless you’ve made a Will saying what you want them to have.
6. If you have no surviving relatives, your estate could pass to the Government.

*One of my colleagues still swears that the only reason her husband eventually married her was to avoid Inheritance Tax if she passed away first - they worked out he’d be handing around £40,000 to the Government if they weren’t married.  It’s not romantic, but it is sensible!

Anybody who has any assets should make a Will, so if this is something you think we could help with, please have a chat with our friendly Wills team, just give us a ring on 029 2039 5888 or visit our website.

One in four face financial trouble following relationship split

Breaking up is hard to do and now there’s proof that it’s financially tough too.

According to a survey of separated British adults, published last week by Resolution,

28% say they turned to loans, overdrafts or credit cards after a breakup
16% admit to receiving or asking for help from friends or family
26% had to move in with friends or family after a split.

The research also reveals that people with children fare even worse.

The average british household income is £32,000 meaning that there isn't a lot to go around. This, combined with court costs, the huge financial burden of establishing a separate household as a single person and child care and maintenance costs, put many divorcing people at high risk of debt.

Some sensible advice for separating couples is:-

• Don’t bury your head in the sand - keep an eye on the finances.
• Talk to your bank - they can’t help if they don’t know what’s happening.
• Talk to your mortgage lender - if one party is buying the other out, the mortgage company needs to know as they may not think one salary can afford the mortgage.  Chat to a mortgage broker as some lenders are more flexible than others.
• Any debts held jointly are your joint responsibility and you are both responsible for paying them off.