What is the divorce process?
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.
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The only potential negatives are the potential for MHFAs to become overloaded, or for MHFAs to overstep the boundaries of their role. Both would be avoided if a suitable framework is in place around them, and if adequate ongoing support and training is provided.
Employers will be collecting and sharing health information. Health information is sensitive and higher data protection standards apply. Here are a few key pointers.
- Update privacy notices to cover the new collection and sharing of employees’ information and provide these to the workforce. Be transparent and fair.
- Identify the legal basis and condition for use of this information and put any required paperwork in place. The ICO guidance will help. For some conditions such as the employment condition, an Appropriate Policy Document (APD) will be required. The ICO has an APD template.
- Only use the information for the purpose of managing the workforce during the pandemic.
- Only collect or share information if it’s necessary – if it’s a targeted and proportionate way of achieving your purpose.
- Make sure any health information collected and shared is accurate – there may be serious consequences if it’s not.
- Work out how long the information must be kept for. Keep a record of that period and act on it at the appropriate time.
- Security is very important – there may be malicious actors trying to trick employers and employees. Make sure employees know how to identify a genuine NHS Test and Trace contact. Keep the information secure. Use the ICO’s data sharing checklists** and keep a record of the disclosures made and why. Control external disclosures – only certain authorised members of staff should make them.
- Make sure individuals can still exercise their data protection rights – that’s also very important. Keep data protection records up-to-date and ensure any exports of personal information outside the UK are compliant.
- Before introducing employer-led testing like taking temperatures, thermal imaging or other potentially intrusive tests, work out if a data protection impact assessment (DPIA) is required. It will be if the intended processing is ‘high risk’. If it is, then carry out a full DPIA. It will help address the issues systematically and mitigate risks.
- All this demonstrates ‘accountability’ – it shows affected individuals and the ICO that the employer is complying with data protection requirements.
If you need further help, please visit the ICO’s data protection and coronavirus information hub or ask our data protection team.
** Please note that this link is to the ICO’s existing checklists and data sharing code of practice. We will update the link to the ICO’s new checklists after they are published.
If the testator promised you something during their lifetime which they said that you would inherit on their death, but then this was not provided for in their Will, you may be able to bring a claim known in legal terms as either proprietary estoppel or promissory estoppel.
You must be able to show that the testator made you a promise during their lifetime, that you relied on that particular promise and the reliance that you placed on the promise was to your detriment. You can find more details above in the FAQ – How long do I have to contest the validity of a Will?
It is possible for anybody to challenge the validity of a person’s Will. In reality it is usually the case that challenges are only brought by people who would benefit under an earlier version of the Will and as such, it is often only people with a financial interest under previous Wills who seek to bring claims which challenge the validity of a Will, or people who would be financially better off if there was no valid Will and the intestacy rules applied.
The position is different in relation to claims under the 1975 Act, where there is a specific list of people who are eligible to apply for an order that a Will does not make reasonable financial provision for them. This includes spouses, former spouses, children, cohabitees and people who were being maintained by the deceased. More information can be found at below in the FAQs relating to financial provision.