LEGAL YOUR QUESTIONS ANSWERED Question: I believe my husband is having an affair. Last week he moved out of the house and I want to file for divorce. He will not admit to the affair, can I look through his bank statements to find evidence? Answer: Absolutely not. Though tempting, looking through your spouse’s private documents such as bank statements or emails can lead to serious repercussions and is a potential criminal offence. This comes as a shock to many clients, especially if they have easy access to their spouses email accounts or mail. However, there is no benefit in doing so. This week, we have seen headlines such as ‘Man sues wife for ‘opening bank statement to see if he was having an affair’. After separating from her husband, Karen Santi looked through her husband’s documents to confirm her suspicions. Whilst this may be seen to many as an understandable thing to do, the Court viewed this as an invasion of her husband’s privacy and was ordered to pay her husband 54,000 in damages. This shows how serious approach the Court takes to confidentiality. The same goes for searching for evidence of finances. Some clients believe that their spouses are not truthful about the amount of money or assets they have. Even though you may believe that you can search their private documents for evidence, doing so can result in serious consequences. In family law proceedings, there is an on going duty to give ‘full and frank disclosure of your assets’. If you believe your spouse is not giving full disclosure, it is best to issue proceedings so you may ask the Court to impose sanctions for non-disclosure. It is always best to first seek legal advice before you begin the divorce process. Here at Melanie Lazarus & Co Solicitors, we can assist in guiding you on the ‘do’s and dont’s’ when you have separated. Melanie Lazarus, Melanie Lazarus & Co
Melanie Lazarus & Co Family Solicitors
devoted to your case offering an unrivalled and personal service
Melanie Lazarus & Co Solicitors are the only specialist Family Solicitors in Bridgend. Specialising in Divorce, Separation, Cohabitation, Civil Partnerships, Financial Disputes, Children & Pre-Nuptial Agreements Fixed Fee Initial Appointment £200 inc VAT Fixed Fee Divorce £500 inc VAT (excluding Court fee – T&C’s apply) Please contact Melanie Lazarus at:
Tel 01656 750 888
Email: melanielazarus@mlsolicitors.com www.mlsolicitors.com Ground Floor Offices, 38-40 Nolton Street, Bridgend, CF31 3BN
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WITNESSING WILLS IN A COVID-19 WORLD Under current UK law, for a Will to be valid it must be signed by the testator in the presence of two independent adults. Due to lockdown and the complications that have arisen with the Wills process the government has now made it legal for remote witnessing of Wills. Last year Ministers acted to reassure the public that Wills witnessed in such a way will be deemed legal, as long as the quality of the sound and video is sufficient to see and hear what is happening. These changes were made via new legislation in September 2020, and the measures will be backdated to 31 January 2020 – meaning any Will witnessed by video technology from that date onwards will be legally accepted. The change will currently remain in place until 31 January 2022. It is important to note that the use of video technology should remain a last resort, and where possible people must continue to arrange physical witnessing of Wills where it is safe to do so. At the moment the Government have not proposed any alternative to the requirement that a Will be in writing. Therefore oral or video recorded (audio or audio-visual) statements will not suffice. Whilst it may be more difficult than ever to help clients create a Will, it’s vital that we, as a profession and firm, find ways to work around the restrictions safely whilst still protecting the rights of some of society’s most vulnerable, for example having the document witnessed at a distance outside, or at two metres plus with PPE. Natalie Thomas, DJM Solicitors 01656 772211 www.djm.law.co.uk SWANSEA | MUMBLES | PORTHCAWL | CARDIFF | 01792 65 00 00 The Dunes Business Centre, 267 New Road, Porthcawl CF36 5BG
WHITTINGHAMS
SOLICITORS • CYFREITHWYR CONVEYANCING Moving House? We offer a friendly and efficient service at a fixed price with all the work carried out by a qualified Solicitor Contact Mike Greenway for more information and a written quotation WILLS & PROBATE Computerised Wills Service Wills prepared while you wait – only one appointment usually required Contact Mike Greenway for more information
Richard Deere House, 46C John Street, Porthcawl CF36 3BD Tel: 01656 788823 Fax: 01656 786781 Email: porthcawl@whittinghams.co.uk Web: www.whittinghams.co.uk Offices also at 5–7 Court Road, Bridgend CF31 1BE Tel: 01656 653485 Authorised and regulated by the Solicitors Regulation Authority No0067119.
