Sponsored by: Sydney Mitchell LLP


Legal


Don’t let poor planning delay divorce proceedings


Unhappy spouses seeking divorces face huge delays if they fail to take the appropriate action at the right time, Thursfields Solicitors has warned. The guidance from the


leading Midlands law firm comes after a woman who wanted to divorce her husband on the grounds she was unhappy lost her Supreme Court appeal. In the recent Owens v Owens case, judges heard that Mrs Owens had been contemplating divorce since 2012 but had not left the matrimonial home until February 2015 – meaning that a divorce on no-fault grounds could not be granted until 2020. Shane Miller (pictured), director and head of the


Family Department at Thursfields, said: “Unhappy spouses need to remember that the only grounds for divorce is that your marriage has irretrievably broken, and you then have to petition on one of five facts. “In the Owens v Owens case, that claimed fact was


unreasonable behaviour, and this has to be on the basis that you are not able to live with that person anymore. “But because the husband refused his consent to the


divorce on that basis, Mrs Owens now needs to wait five years from the date of separation for a divorce, starting from the day she left the marital home.” Ms Miller said the Supreme Court was right to


rejected Mrs Owens’ attempt to radically reinterpret the requirements for a behaviour divorce brought under the Matrimonial Causes Act 1973. And she highlighted the need for unhappy


spouses to take the correct action at the right time when considering a divorce, and to seek the best legal advice to make sure this is properly planned.


‘Unhappy’ marriage no grounds for divorce


Putting a welfare plan in place


A local law firm has warned that nearly everyone in the West Midlands leaves important decisions on health and welfare to ‘chance’. According to Lucy Bluck, a


lawyer at Sydney Mitchell, which has offices in Birmingham and Solihull, a new report produced by Solicitors for the Elderly and the Centre for Future Studies think tank has revealed that a massive 98 per cent of West Midlands are leaving such decisions to chance. Ms Bluck, a member of Solicitors


for the Elderly, said: “The report states that UK residents are leaving medical and care decisions to chance. “The report looks at the ever-


increasing number of people living with dementia which, combined with the failure to plan ahead for mental incapacity, exposes a looming crisis.” The report also found that by


2025 there will be more than 13 million people who are at risk of


‘70 per cent of people incorrectly believe that their ‘next of kin’ will be able to make medical and care decisions if they are no longer able to’


mental incapacity who will not have appointed anyone to help with making decisions of their behalf. This is despite the report finding


that an overwhelming number of people surveyed (70 per cent) would like a family member to help with such decisions, with a similar number (80 per cent) worried about their future ability to make medical and care decisions for themselves. Ms Bluck said: “A staggering 70


per cent of people incorrectly believe that their ‘next of kin’ will be able to make medical and care decisions if they are no longer able to .Without the necessary provisions in place, potential life- changing medical and care decisions can be taken away from loved ones.”


She added that a coalition of


partners had now joined forces to warn of an ‘incapacity crisis’ led by SFE, including Baroness Ilora Finlay, Alzheimer’s Society, Dying Matters, Age UK, Anchor and SOLLA. She said: “It is crucial to have a


conversation with loved ones in order to make your specific medical and care wishes known – such as, where you are cared for, whether you wish to be an organ donor and whether or not you would want to be resuscitated in certain situations. “The campaign calls on people


to act now and start a conversation with loved ones about end of life topics to remove the stigma surrounding the discussion and then prepare a Lasting Power of Attorney giving the people you have chosen the power to make those decisions.”


“If you want a divorce but it is contested, you need


to plan – and this includes ending your marriage as soon possible, which could mean living separately or separate lives in the same household, so that any five- year clock starts on that date.” Ms Miller added: “While I agree with the legal judgement in this case, I equally think that parliament need to reconsider the no-fault divorce process. It is a careful balance of making the whole process a little more conciliatory but not making the marriage vows worthless.”


Sector Focus


HMRC throw book at miscreant company directors


HMRC have a variety of methods for uncovering tax evasion and businesses with cash income are a source of easy pickings, warns Leanne Schneider- Rose, Sydney Mitchell LLP. HMRC undertake test purchases to check gross profit margin claims, keep watch on premises to count the number of customers etc. By the time the owner of a cash business becomes aware of the enquiry, there is often a body of evidence in the possession of HMRC. This was how the owners of


a kebab shop (run as a company) came to be assessed for £71,000 in VAT based on HMRC's calculation that they had under-declared the takings. By the time the calculation had been made of the additional Corporation Tax due and penalties were added, the total debt of the company, in liquidation, was nearly £300,000. Having a limited company


normally operates to protect the directors from personal liability for the company's debts, but not in cases such as this. The two directors were given 'personal liability orders' for the company's liability to HMRC. They have also both


received disqualification orders preventing them from acting as directors of a limited company or participating in the management of a company for seven years. As soon as you receive a


notice that HMRC is enquiring into your company tax affairs, you should take professional advice. There can be serious legal and financial ramifications and skilled professional advice is important.


If you wish to discuss this or other insolvency related matters, please call Leanne Schneider-Rose, Partner, Sydney Mitchell LLP on 0808 166 8870.


Sydney Mitchell LLP is a Top Tier Legal 500 firm with offices in Birmingham, Sheldon, Shirley and facilities in Sutton Coldfield.


September 2018 CHAMBERLINK 67


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