Beth Courtney-Walker is a recently qualified solicitor who spent the two and a half years of her training working exclusively in the area of family law with a major national firm. She read law at Durham University and later undertook her Legal Practice Course in Newcastle Upon Tyne.

Beth’s work to date has focused on complex and high-net worth financial work, alongside disputes concerning children, non-molestation and occupation orders. She prides herself on  building a strong rapport with clients and providing reliable guidance through what can be a very difficult period in their lives.

We also gave solicitor Sam Carter a well-deserved promotion to Associate after two and a half years with firm. Originally from the Bristol area, Sam has worked across all areas of family law, including divorce, financial relief, and protection from domestic abuse, but he has a particular interest in cases involving children.

Sam has advised on disputes regarding where a child should live and who they should spend time with following family separation. He also has helped clients with child abduction, where the other parent has taken a child out of the country, or attempted to do so, and advised families facing concerns about their children’s welfare from social services.

The post New faces, old faces appeared first on Major Family Law.

Dear Anna

I have recently divorced and reverted to my maiden name. Can I legally change my children’s surname so that we all use the same name?

Barbara

Dear Barbara

You will need to obtain permission from the children’s father before taking any steps to legally change your children’s surname.

If he agrees you should obtain his permission in writing as evidence of his consent to the change. You will be asked for proof of the agreement, for example, when applying for a passport in the children’s new name.

If there is no agreement you will need to consider whether it would be appropriate to make an application to the court for a specific issue order to change the name.

The court will look at the circumstances of your situation and generally you will need to demonstrate good reason to change your children’s surname. Good reason might be if the children’s father has stopped playing a role in their lives or if there is real risk to the safety of the children.

Sometimes parents compromise and agree a double-barreled surname so the children are known by both surnames.

If you are unsure of your position please contact me to discuss in more detail.

Major column Jnl Thurs, Sept 17

Image by Alexander Henning Drachmann via Flickr (Creative Commons)

The post In the name of change appeared first on Major Family Law.

Dear Anna

My husband has three children who live with us and I need to know what my rights and responsibilities are towards them.

Tina

Dear Tina

Even though you have married, your husband and the children’s mother are the only people with parental responsibility for them. Parental Responsibility means all the rights, duties and responsibilities that a parent has towards a child. In practice it refers to important issues relating to the children such as providing a home, schooling, medical treatment and religion.

Since 2005 it is possible for a step-parent to obtain parental responsibility for their step-children either by agreement or by court order.

If the children’s mother agrees you could all sign a parental responsibility agreement and register it at court. This would enable you to acquire Parental Responsibility for the children. You would then be able to make a decision about the children if needed. For example, if you were with your step-child during a medical emergency, you could provide consent for medical treatment to take place.

If agreement can’t be reached you can apply to the court for a parental responsibility order although I would recommend you seek legal advice before making any application to discuss further.

Image by Véronique Debord-Lazaro via Flickr (Creative Commons)

The post What are my responsibilities? appeared first on Major Family Law.

The world is fast-paced and demanding these days and time is precious. With available lines of communication always increasing, it should be easy to access the information and advice you need, when you need it. Sadly, that is not often the case with the traditional professions. Fortunately, Major Family Law is not like other law firms: having won a national award for its innovative approach to service delivery, this small regional firm successfully reaches out not just nationally but internationally to be there when clients need it to be.

Founded by Managing Director, Joanne Major in 2009, Major Family Law is a niche practice dealing exclusively but comprehensively with family law matters. With a reputation for expertise in high net worth financial cases, and matters involving complex business issues, the practice deals with all aspects of family and matrimonial law excluding public children work.

To facilitate accessibility for clients, Major Family Law actively promotes communication with clients across geographical boundaries by use of digital communication methods, including email, Skype and face time, along with an effective use of social media platforms to provide information and share links of interest. This has resulted in the practice successfully helping clients who because of geography, time restraints or other personal circumstances are unable to attend the offices in person to seek advice.

Early in 2015, the practice underwent a significant rebrand, including a complete reworking of its website in order to better reflect the firm’s image and quality of service and to make quality advice ever more accessible. After personal and professional recommendations, the practice’s online presence is a material source of new work.

Major Family Law has a strong reputation for dispute resolution with more than 80% of our cases settled by way of structured negotiation, avoiding contested court hearings. This means that it is entirely possible to conduct a case successfully without a client ever having to visit our offices.

For those who, from time to time, would prefer a face to face consultation, or require representation, we have an arrangement with a freelance solicitor in the South East to be able to offer such a service for clients based in London and the South East, and a consultancy with an experienced family law barrister in Leeds.

In addition, we are developing and establishing links with lawyers and legal practices in selected countries internationally in order to offer clients with an international aspect to their case (for example ex pats, or clients married to foreign nationals) enhanced advice and representation relevant to their circumstances.

At the core of Major Family Law’s reputation is its team of expert family lawyers, with many years of experience between them and a strong support team, together with strong links locally and further afield to ensure the best people for the job.

If you need any further convincing, here are just some of the endorsements you’ll find on our website:

“I’m always impressed by both their knowledge of the law and the way they care about their clients” Paul Isaacs – Barrister

“We have complete faith in dealing with [Major Family Law] as we have heard nothing but good things from our clients about their client care and their capable approach to family law legal services” Jason Wainwright – Managing Partner, Muckle LLP

“Approachable lawyers who deliver first rate family law services to clients. We as a firm are happy to recommend them” Paul McGowan – Principal Solicitor, Collingwood Legal.

Rebecca Tarn is a solicitor at Major Family Law, the Divorce and Family Law Specialists, 12 West Road, Ponteland, Newcastle Upon Tyne. T: 01661 82 45 82 www.majorfamilylaw.co.uk. Twitter: @majorfamilylaw

Major Law – May 15

The post Your Call is Important To Us…. appeared first on Major Family Law.

It has become increasingly common for people to spend periods of time working abroad, retiring abroad, or to have a relationship with a person from another country. International families are now common, but the international element can cause complications and problems if the relationship ends.

Even if you both live in this country but have property or other assets in another country, the situation can be complex.

Knowing which country’s laws apply and what those laws are is vital, but getting the right advice and support at an early stage is not always straightforward when faced with a different language, different customs and local processes.

Getting early, authoritative advice can be a game changer in many situations, particularly where the parties are residing in a country where the relevant laws are particularly prejudicial to one of the parties.

Knowing which country’s laws apply and whether there is a choice of jurisdiction (which country’s courts are entitled to deal with the application) can affect a number of aspects to the relationship breakdown from where to commence divorce proceedings (and why), to the right to return home with the children, and entitlement to financial provision.

What may come as a surprise is that for the purposes of family law, anything outside of England & Wales is considered a different jurisdiction and is subject to different laws, even Scotland. Holiday home in the Highlands? Even that could be affected by the differing laws between Scotland and England & Wales.

Further afield, it may become more complicated still. Forum shopping, as it’s known, is the process of deciding between applicable countries’ legal systems in which to issue legal proceedings depending on which is deemed to be the most advantageous to the applicant’s situation.

Whilst this may sound terribly cynical, some couples spend vast amounts of money in legal arguments as to where divorce proceedings should be heard because so much is at stake.

In fact, within the EU (except for Denmark), European legislation has determined that the country in which proceedings are first issued will have jurisdiction, and therefore, it can become a race to issue proceedings before the other party to ensure a favourable jurisdiction.

With almost three times more British people living as expats in Spain than any other EU country, this is especially relevant.

Having recognised this, Major Family Law ensure that their clients have access to immediate and expert advice specific to their individual circumstances. Advice and representation is available from our team of expert lawyers even if the parties are resident abroad, thanks to our use of Skype, Facetime, video conferencing and other digital means of communication.

In addition, we are uniquely placed to offer clients local support and advice on Spanish law thanks to our reciprocal relationship with an established firm of Spanish Lawyers who have branches in Madrid, Malaga and Marbella as well as internationally, ensuring that Spanish resident expats can access the advice they need locally from English speaking lawyers in addition our advice on English law.

With a reputation for expertise in high net worth financial cases, and matters involving complex business issues, we can advise on all aspects of family and matrimonial law. Our experience in dealing with cross-border issues and our ability to conduct cases with clients based nationally and internationally make us the first port of call in international waters.

Joanne Major is the Principal at Major Family Law, the Divorce and Family Law Specialists, 12 West Road,　 Ponteland, Newcastle upon Tyne.　　 T: 01661　 82 45 82　　www.majorfamilylaw.co.uk. Twitter: @majorfamilylaw

Major Family Law_ May 15

The post Can Living on the Costas Cost Your Marriage? appeared first on Major Family Law.

Many family units have an international element to them, whether by virtue of the nationalities of the parties to the marriage, or because of where they have chosen to work and live.

Sadly, when problems arise within the family and relationships break down, it can be hard to know who to turn to for reliable and effective advice. Knowing which local laws and procedures apply and what rights you have can be confusing, complicated and seemingly impossible to understand.

It’s not just language that can create barriers to getting the support you need: cultural differences, and lack of expert knowledge can also result in poor or incorrect advice.

Getting early, authoritative advice can be a game changer in many situations, particularly where the parties are residing in a country where the relevant laws are particularly prejudicial to one of the parties.

Knowing which country’s laws apply and whether there is a choice of jurisdiction can affect a number of aspects to the relationship breakdown from where to commence divorce proceedings (and why), to the right to return home with the children, and entitlement to financial provision.

What may surprise many people is that for the purposes of family law, anything outside of England & Wales is considered a different jurisdiction and is subject to different laws.

Equally, many people believe (wrongly) that once they have moved abroad, they can no longer issue divorce – or other – proceedings in an English Court. In fact, the choice of where the proceedings are issued (known as forum shopping) can be vital, not just because the grounds for divorce vary from country to country, but because the respective laws relating to financial provision and entitlement also vary widely.

For this reason, it is not unheard of for couples to spend considerable amounts arguing over which country should have jurisdiction of the divorce proceedings. Within the European Union (except for Denmark), it is the case that the country in which the proceedings are first issued has jurisdiction, and therefore it can become a race to issue proceedings before the other party.

Whilst all this sounds extremely cynical, it is a real and relevant consideration for many separating families, and with three times more British people living as expats in Spain than any other EU country, it is particularly relevant for residents of the Costas.

Having recognised this, Major Family Law ensure that their clients have access to immediate and expert advice specific to their individual circumstances. Advice and representation is available from our team of expert lawyers even if the parties are resident abroad, thanks to our use of Skype, Facetime, video conferencing and other digital means of communication.

In addition, we are uniquely placed to offer clients local support and advice on Spanish law thanks to our reciprocal relationship with an established firm of Spanish Lawyers who have branches in Madrid, Malaga and Marbella as well as internationally, ensuring that Spanish resident expats can access the advice they need locally from English speaking lawyers in addition our advice on English law.

With a reputation for expertise in high net worth financial cases, and matters involving complex business issues, we can advise on all aspects of family and matrimonial law. Our experience in dealing with cross-border issues and our ability to conduct cases with clients based nationally and internationally make us the first port of call in international waters.

Joanne Major is the Principal with Major Family Law, the Divorce and Family Law Specialists, 12 West Road, Ponteland, Newcastle Upon Tyne. T: 01661 82 45 82 www.majorfamilylaw.co.uk. Twitter: @majorfamilylaw

NET May15 60

The post Home or abroad: where do you turn? appeared first on Major Family Law.

Anyone who has ever suffered upset and turmoil within a relationship, whether it proved terminal or not, knows very well that the problem is usually way more complicated than any of those simple labels.

Or is it?

Is it really that the problem is complex or that the emotions behind the problem are the source of the complexity? Of course, in the same way each relationship is different, so is the answer to that question according to the couple involved.

In real terms, divorces are hardly ever defended these days, so if the end of the relationship is inevitable , is there any point to fighting over the process and prolonging the agony?

The ending of a relationship, no matter how civilised, is anchored in waters of failure, abandonment, rejection, deceit, worry, upheaval and reproach. The difference, it seems lies in how the individuals choose to deal with these issues.

Divorce and separation can be one of the hardest things you will have to deal with. If you have children, then supporting them through the process as well as coping yourself can be extremely difficult.

Increasingly, specialist family law practices are offering clients additional emotional and personal support by way of referral to a family and relationship consultant. Family consultants have the therapeutic skills to guide and support individuals, couples and sometimes children through the period of separation. 　What they do is not about trying to rescue the relationship, rather it’s about managing the emotional impact of the ending of the marriage.

Depending on the particular consultant and his or her professional skills, traditional therapy type sessions may be offered, or the approach may be more focused on assisting the individual to manage the emotional and psychological issues that are preventing him or her from effectively dealing with the practical and financial issues and from communicating calmly and effectively with the other party.

In some legal jurisdictions (for example Australia), the role of the family consultant is very much as an advisor to not only the parties but to the Court to actively assist in resolving areas of dispute. In this country, the role is a much more personal one to the individual providing emotional support and coping strategies to allow the individual to come to terms with the situation and to move forward and beyond it.

Here at Major Family Law, we were one of the first practices in the North East to offer the services of a such a consultant, having recognised the difficulties many clients face in trying to deal with the aftermath of their marriage ending.

An experienced relationship consultant, working with individuals, couples and families, the core of Graeme’s practice is the passionate belief that, although we all experience great pain and distress in our lives, we all have the ability to heal and grow through this pain and find more enriching, creative and satisfying lives.

Whilst there have been significant moves in recent years to make the family legal forum less confrontational, individuals do not always find themselves able to resolve their differences in this way without additional support. The benefit of working with a family consultant is that agreement on areas of dispute can often be more readily and swiftly reached, saving not only feelings, but time and money.

Family Consultants and the support they can provide are only just beginning to be a recognised part of the divorce and separation procedure. Not everyone needs the assistance, but when it’s all over bar the shouting, The can be of valuable assistance to move you forward and stop you looking back.

Anna Hunter is a Director at Major Family Law, the Divorce and Family Law Specialists, 12 West Road, Ponteland, Newcastle upon Tyne NE20 9SU

T: 01661 82 45 82 www.majorfamilylaw.co.uk. Twitter: @majorfamilylaw

Accent€March15€ 75

The post When It’s All Over Bar the Shouting appeared first on Major Family Law.

Dear Joanne,

My wife and I are both equal partners in our family business. How do we deal with the business on divorce?

Giles

Dear Giles,

During the process of divorce you will be required to make full and frank disclosure of your respective financial circumstances and indeed your family business will be considered as an asset of your marriage like any other.

The starting point would be to consider whether your business has any value or are “you both” the business and it simply provides you with an income stream? Valuing a business can be more complex and subjective than valuing other assets for example, property, as there are many factors to be considered such as goodwill, the nature of the business you are involved in as well as the future projected income and overall liquidity. The cost of a potential sale, transfer of shares, capital gains tax and deduction costs will also have to be taken into account.

I would need to understand more about your particular business for me to assess these factors but in all cases it is helpful to obtain both legal and accountancy input from the very outset. As a business owner myself I have first hand knowledge of these issues so feel free to call me.

Major Law 18.2.15

The post When business partners divorce appeared first on Major Family Law.

Accent€Feb15 92

The post Domestic Abuse: Breaking the Silence appeared first on Major Family Law.

Dear Joanne,

My husband went to work in Scotland about 3 years ago. We were seeing each other regularly as we have a son aged 7. Suddenly he stopped seeing us and now he says he wants a divorce. Does it make a difference if we divorce in England or Scotland?

Cheryl

Dear Cheryl,

Scotland and England have very different legal systems and it seems to me that you can choose either place to start divorce proceedings. Using the English system it will take about 3-6 months for the divorce to go through. You haven’t said when your husband told you that your marriage was over, you might be able to proceed with a divorce based on your separation for more than 2 years, with his consent.

I believe under the Scottish system it might be quicker or cheaper to get a divorce but when it comes to a financial split, it might be better for you to proceed under the English system. The English system is likely to be more generous to you in respect of ongoing spousal maintenance, whereas the Scottish system strongly emphasises a clean break. You should seek specific advice about the right jurisdiction for you to issue proceedings before it is too late.

Major Family Law today

The post Dilemma of divorce across the Border appeared first on Major Family Law.