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

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

THE DIFFERENCE THAT MARRIAGE MAKES

The recent TV series “Finding Alice” illustrated the pitfalls of being unmarried when one partner dies. In the programme, Alice mistakenly believes that she has the same status as a wife despite the fact that she and Harry were never married. As she finds out to her cost, this is not the case. It is a common misconception that people who live together become “common law spouses” after a certain period of time. Such a status does not exist in law. Cohabitees have no automatic legal standing to deal with the other’s affairs. Nor are they “next of kin” for the purposes of inheritance, or indeed for the purposes of making any major decisions about the deceased’s affairs. Alice’s predicament is worsened by the fact that her home is owned by Harry’s parents, Harry having placed it in his parents’ names to avoid business complications. If she and Harry had owned the house as “joint tenants”, then Alice would have automatically inherited Harry’s share upon his death. Even if they had decided to own the property in two separate shares, as “tenants in common”, Alice would have found herself protected because she owned half of the home and Harry’s parents would not have been able to sell it without a court order. Many of Alice’s problems would have been non-existent had she and Harry decided to marry or form a Civil Partnership. This would have made them each other’s next of kin and she would have automatically inherited from Harry under the intestacy rules. Even if she and Harry were opposed to marriage, they could have made mutual wills and made arrangements for each other to be beneficiaries of insurance policies and pensions, which would have made her position easier. Even in today’s modern era, marriage makes a difference.

Madeline Rand King Davies & Partners

• Wills, Trusts & Probate • Conveyancing • Property Law • Housing • Family

Partner Mr. Ceri Morgan L.L.B Tel: 01656 732911 Email: info@kingdavies.co.uk www.kingdavies.co.uk

Associate Madeline Rand BA

Lloyds Bank Chambers, 18 Talbot Street, Maesteg, Bridgend, CF34 9BP

Regulated by the Solicitors Regulation Authority No.637836

rle LAW

www.rlelaw.com

RLE Law, an approachable, transparent & progressive Law firm delivering services you can trust. Accredited with the Law Society’s Lexcel standard given to firms providing excellent customer care. WILLS AND PROBATE • CONTESTING WILL OR TRUST • POWERS OF ATTORNEY COURT OF PROTECTION • CHILDREN AND DIVORCE • CONVEYANCING

FREE 20 minute consultation

We now offer FREE 20 minute initial consultation on all types of Family and Children Law matters. Legal Aid is also available subject to status. We are here for you in these challenging times. Visit our website: www.rlelaw.com

T: 01656 656 861 E: bridgend@rlelaw.com - 4 Derwen Rd, Bridgend CF32 1LH T: 01443 775 000 E: treorchy@rlelaw.com - 13 High St, Treorchy, CF42 6AA