My ex-husband has died and I was receiving maintenance payments from him. He hasn’t left me anything in their Will. What can I do?
You may be able to make a claim against your ex-spouse’s estate on the basis that their Will does not make ‘reasonable financial provision’ for you. You will not be able to bring a claim if you have remarried, or if a condition of your divorce explicitly states that you will not make a claim against their estate.
These types of claims are very fact-specific so it is not possible to give a straightforward yes or no answer as to whether any such claim is available to you. The court will consider all factors which we can explore with you in more detail.
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From 6 April 2022, the process will change. The first stage in the divorce process is to issue a divorce application with the court. This is the document which outlines that your marriage has broken down irretrievably. If you are a sole applicant, the divorce application will be sent to your husband/wife, and they will have to acknowledge receipt of the application in order for the divorce to proceed. Alternatively, you and your husband/wife can make a joint application together, and the divorce application will be sent to both of you for acknowledgment.
The law lays down a minimum allowable period of 20 weeks between the application and the conditional order. After 20 weeks you can apply to the court for a conditional order. This is the stage when the court satisfies themselves that you are entitled to a divorce. Once you receive your conditional order, you can apply for your final order after 6 weeks and one day. The Final Order formally ends your marriage.
There can be complications to the divorce process if, for example, your husband/wife refuses to acknowledge the divorce application. At these times it is in your best interests to obtain legal advice as to the best way to proceed.
Our experienced divorce lawyers understand the stress of facing a divorce and can make the process simple, hassle free and affordable. They have also prepared this article which provides further detail on the divorce process.
All of the measures announced above are aimed at all employers in the UK and are not sector specific. However, over and above these measures the Chancellor also announced a number of financial measures that he hopes will save jobs in the hospitality industry such as the reduction of VAT on food and drink and the “eat out to help out” scheme which has already taken place. The Job Support Scheme is designed to support businesses who face lower demand due to the pandemic, and so is designed to have an impact on those sectors most badly hit.
The parties to litigation should still take the steps they have been ordered to take and comply with any Orders made by the court. If for any reason it looks as if a direction cannot be complied with because of the Covid-19 virus then an extension of time can be agreed with the other party (up to 28 days) or through the court. We are aware that Orders have been made extending the time for certain steps to be taken by 56 days.
Data on properties, and people, has never been more important.
Given that compliance is at risk here, such a decision must be made by the Board to ensure good governance. Board approval should be sought and recorded for the approach the organisation is taking.
It is essential that you continue to record your data on compliance and report to your board at all times, and that there is a clear audit trail for issues with access, and if appropriate to the Regulator. Access issues as a result of self-isolation should be readily identifiable.
Operatives need to be provided with the tools to operate in as safe a way as possible:
- Checklist of questions to ascertain occupant’s current health
- Protective equipment (masks, gloves, over clothing)
The Gas Safe website is a useful resource for updates: https://www.gassaferegister.co.uk/help-and-advice/covid-19-advice-and-guidance/
Hopefully, further guidance will provide additional clarification on this, but it is difficult to see how a charity whose operations have been significantly curtailed because of the Covid-19 restrictions, cannot furlough employees and access the scheme, in particular where they have several different income streams. For example if a charity’s retail or fundraising operations have been significantly curtailed due to the restrictions, then it would appear unfair for it not to able to rely on the furlough scheme to assist in the funding of the employment costs associated with this part of the charity.
However, it might be prudent, where there are services that are publicly funded and employees working within those services cannot undertake their normal work, to consider if they can do different roles to work on Covid-19 activities. If there is no such work available then the guidance does appear to allow the furloughing of employees and such organisations to access the scheme.
In our experience, the funding streams and work undertaken by the organisations that could fall into the third category identified above can be exceptionally diverse and we would strongly recommend that you take advice before making such decisions about furloughing employees.