Road Traffic Offences
In recent years the number of fixed and moveable speed cameras have increased considerably and continue to do so. This has resulted in an increase in all types of motoring offences including speeding convictions, points on licence and disqualifications. Road Traffic violations can often be life changing events resulting in the loss of your driving licence which can often also mean the loss of an income. In many cases these offences can even lead to a custodial prison sentence. We have the expertise to advise and assist you in relation to every aspect of these matters from initial arrest or police ...
Dispute Resolution and Litigation Specialists
Our commercial solicitors realise that disputes arise all too often in business and commercial dealings and these can become a major drain on management time and resources unless handled efficiently. We take a robust approach to protecting your interests at all times to achieve the best possible result for you and your business. We are able to provide you with a friendly, proactive approach to your problems with the aim of resolving the same as quickly and cost effectively as possible. We have the best resources at our disposal to assist you in relation to the full range of commercial litigation ...
Divorce
Divorce procedure and how to get started Divorce can be due to many reasons and is often very emotionally challenging. Mansouri & Son have the expertise and experience to help relieve some of the pressures and complexities of the divorce procedure; leaving you with much needed peace of mind to start to reconstruct your new life without your partner. Often during divorce you will see a side to your spouse, which you never knew existed. We can help to allay some of your concerns and we will advise you, in plain English, what your rights are and what you can expect ...
Immigration
Our team have over 18 years of experience in advising and assisting clients in all aspects of UK immigration law and matters. We are a leading immigration law firm Regulated by the Solicitors Regulation Authority of England & Wales and all our immigration advisers are solicitors registered at the Law Society of England & Wales, therefore providing every client with the certainty that we will always act professionally in every aspect of your matter and that we are accountable to the extremely high standards demanded of us by the Law Society. Our immigration solicitors have the experience and in-depth knowledge ...
Criminal Defence Solicitors
We have a long-established and Platinum Standard criminal defence law team, which handles Serious Fraud Office, Her Majesty's Revenue & Customs, DTI and Crown Prosecution Service investigations and prosecutions. We specialise in providing a highly personalised and efficient service from the very beginnings of a criminal investigation at the police station through to providing highly specialised defence teams for major criminal trials and offences including murder, ABH and GBH offences, kidnap, armed robbery, sexual offences and major drug importation offences as well as insider dealing, money laundering, OFT and EU cartel inquiries, and regulatory work. We have extensive expertise in all ...
Business & Commercial Litigation Solicitors
Our commercial solicitors realise that disputes arise all too often in business and commercial dealings and these can become a major drain on management time and resources unless handled efficiently. We take a robust approach to protecting your interests at all times to achieve the best possible result for you and your business. We have the best resources at our disposal to assist you in relation to the full range of commercial litigation areas including: Building disputes/property litigation Corporate/partnership disputes Debt recovery Disputes with customers Insurance ...
Cohabitation Agreements
September 20th, 2011
Couples who live together but do not marry can still have similar rights to married couples, despite the Government’s U-turn on giving cohabiting couples more rights, says the Law Society
The Law Society has stated that despite the Government’s decision to drop plans to give couples that live together similar rights to married couples, unmarried couples can sign a cohabitation agreement which would give them stronger rights should their partner die or should the couple separate.
The Law Society guidance states that cohabitation agreements which are drafted by a solicitor could potentially put cohabiting couples in a better legal position than their married counterparts should the relationship breakdown. Under current law cohabitation agreements can be prepared for hetrosexual as well as same sex couples.
Law Society President John Wotton said“Although the Government has chosen not to legislate to give cohabiting couples the same rights as married couples, couples can sit down with their solicitor and draft a cohabitation agreement which caters for all eventualities. Unlike pre-nuptial agreements for married couples, cohabitation agreements are recognised by the courts in England & Wales as being legally binding. It is not yet established that pre-nuptial agreements for married couples are binding in the courts In light of the Government’s decision not to give live-in couples the same rights as married couples, there is perhaps a greater need for cohabiting couples to make these agreements as they do not have the same automatic protections as married couples. For example, when a spouse dies their husband or wife gains ownership of their estate in the absence of a will.”
Cohabiting couples should seek legal advice from their solicitor when drafting cohabitation agreements, as often there is more than a home that needs to be considered. Child care and other assets need to be taken into account, as well as property rights.
The Society also urges cohabiting couples, in the absence of protections under intestacy laws, to write wills to ensure their partner does not go without should they pass away. Without a will it is possible someone could end up with nothing from their partner’s estate.
The Law Society provides guidance to couples living together in their article Setting up Home with Your Partner
If you are considering entering into a cohabitation agreement with your partner, telephone us on 020 8401 7352 for a free telephone consultation and guidance or, to book an appointment.
Link to our page on Cohabitation Agreements
Telegraph article: How unmarried couples can have greater legal rights than husbands and wives (13.09.11)
domestic violence – what can I do to be safe
March 20th, 2011
What Can I Do To Be Safe from Domestic Violence?
If you are considering leaving a violent relationship, you will be concerned about what will happen once you leave and what steps you can take to protect yourself afterwards. You will probably be concerned about what the other party may try to do to retaliate against you. These are normal concerns of our clients and questions that we often face. Experience shows that once you start the process of obtaining the protection of the courts, a previously violent partner will usually start to back off, not least because the protection afforded by the courts in domestic violence situations is real. However; in addition to the protection that the court will offer you, there are many other measures you can take to help protect yourself. We have listed below a few of your options:
Get an Injunction or Non-Molestation Order
Obtaining a non-molestation order should be the first thing you do to help you get out of a violent relationship. Although an injunction cannot physically protect you, your ex-partner will be arrested if they violate the order. Depending on what they try to do, they can face a significant custodial sentence. A non-molestation order can also prevent your ex-partner from contacting you or coming within a defined distance of your new home. In many instances where you decide to leave the property that you shared with that person, the court will also protect your new address from being disclosed to your ex-partner and can also make an Order preventing that person from going near the childrens schools or your work place.
Learn Self-Confidence & Self-Defence
Victims of domestic violence often lack self-esteem due to the abise that they have suffered. Learning to have confidence in yourself will help you stand up for yourself if the other party finds and confronts you. Learning self-defence is an excellent self-confidence booster. Also invest in a can of pepper spray. Always make sure that your mobile phone is fully charged and has sufficient credit when you are going out or home alone and keep all doors and windows locked at all times, day and night. Find a local counselling service and attend the meetings. They can do wonders to help boost your morale. Most important of all, never shy away from calling the police if you have any concerns. The police take domestic violence very seriously and will never treat a domestic violence call lightly. They know how frightened you will be and they also know how real the dangers can be for partners leaving a violent relationship. If you can’t learn self-defence because you are too frail or old, think about getting a dog. You would be surprised how many people are frightened of dogs.
Find A Roommate
If you have recently left a violent relationship, ask a friend to share a new home with you as a room or flat mate. Alternatively go and stay with family for a while. This will deter the other party from coming to your new home. If you do choose to get a roommate, then it is only fair to let them know your situation beforehand.
Change your Passwords
contact your bank and change your account passwords immediately. Do the same with your email account and all other things that you have passwords for. Your ex-partner will usually either know your passwords or be able to guess them. They will try to hack into your email account or Facebook or Twitter profile and they will take great pleasure at spilling out your personal information for the world to see. Take precautions and change all passwords to safe and difficultto guess passwords. Use a combination of words and numbers and do not use easy to guess numbers like dates of birth or speacial occasion dates. Inform your mobile and home phone network providersthat you have a violent ex-partner and place the accounts on high security with new passwords. Do the same with your savings account, PEP’s, ISA’s and anything else that you think your ex may try to ‘get at’.
Move Away From The Area
Moving to another area will help to deter your ex-partner from finding you. The further away you move, the least likely it will be that they will be able to find you. Try not to leave any forwarding address with the post office for your mail and asking family and friends not to reveal your whereabouts to your ex. Moving might be a difficult option if you are particularly closely connected to the area where you currently live. However, it may also be the perfect opportunity to start a new life for yourself somewhere new. The court will also help in keeping your new address secret from your ex-partner and in addition when attending court we always provide our domestic violence clients with a male chaparone to and from the court and where necessary we will also provide you with transport facilities so that your ex-partner or one of their friends cannot trace your movements.
Tell the Police
We will always notify your local police station as soon we obtain a non-molestation order on your behalf from the court. The police have systems where they record this type of information on a central computer and they will make sure that police officers monitor your address more closely and regularly pass by on their rounds to keep an eye on things. They will also add your phone number and address to a database that alerts them of the existence of the non-molestation order in the event that you should ever need to call them.
Change your Habits
A violent ex-partner will usually know a lot about you and your habits. They will know what you like doing and where you like going. They will also know what your movements usually are and where you can be expected to be. At times like this it is good idea to change your habits entirely. Stop visiting the usual old haunts and don’t take the usual route to and from work. Park your car in a different place, travel at different times and try to avoid quiet places. Tell your employers about your problem and you will usually find that they are more than happy to accommodate you. Tell a trusted friend at work and ask them to chaparone you to and from your car or the railway station. Try to stay in groups when you are out. You will not need to stick with your new routine indefinitely! Almost all violent ex-patners eventually get the message from the court that they cannot try to communicate withyou. In our experience these types of people are usually cowards why prey on people weaker than themselves. Once confronted by the law and the courts they almost always pull themselves together and back off! However; getting out of a violent relationship does need you to be cautious, at least for a while.
These are just a few of the many steps you can take to help protect yourself when leaving a domestic violence relationship. The most important thing is that you know how far your ex-partner will go and you therefore need to plan accordingly. The more extreme you feel your ex-partner will act about you leaving, the more extensive measures you will need to take to keep yourself safe.
Call the Experts
Call us on 020 8401 7352 as soon as think that you are ready to start the process of protecting yourself and getting out of a Domestic Violence relationship. We are not just experts at the law. We are experts at listening to you, understanding your needs and concerns and, above all at helping you regain your life after separation. We have helped hundreds of people through the process and will do everything possible to guide you through, safely and, confident that you have the best possible legal team acting for you. We will defend your position and safety at court and will invite the court to impose the toughest possible conditions on your ex. We have no compassion for violent partners and will ensure that they are prosecuted to the full extent of the law. Domestic Violence is inexcusable and unjustifiable.
We offer a free 30 minute telephone consultation to help you decide what you want to do and what is best for you. Call us today on 020 8401 7352
Law Commission’s Prenuptial Agreements Consultation
January 11th, 2011
Law Commission Publishes Marital Property Agreements Consultation
Tuesday 11 January 2011
In recent years there has been strong support for a change in the law calling for pre-nuptial agreements to be made legally binding.
The Law Commission has today launched a consultation paper, asking for views on a range of potential options for reforming the law of pre-nuptial, post-nuptial and separation agreements. The paper comes just a few months after the historic Supreme Court judgment of Radmacher vs Granatino, which many had thought paved the way for pre-nups to become binding.
The consultation paper is viewed by many as a first step toward making prenuptial agreements binding under English Law. The consultation paper sets out the challenge of reforming the law in such a way that gives couples greater financial certainty whilst protecting the vulnerable from entering into unfair agreements. However one area of concern has always been the fate of children, particularly thise born after the parties enter into prenuptial agreements. The welfare of children during and after divorce has always been an integral concern of the English legal system in relation to divorce. The consultation from the Law Commission closes on 11 April 2011.
The consultation documents can be downloaded and viewed from here:
Marital Property Agreement Consultation – published 11 January 2011
Non-Molestation Orders
January 2nd, 2011
Non-Molestation Orders
Domestic Violence & Ex-Parte Non-Molestation Injunction Applications
Often emergencies arise in Family Law matters which require urgent and immediate steps being taken to protect our client by way of an emergency ex-parte injunction. Injunction situations can arise 24 hours a day and in most cases we aim to have the matter brought to the attention of an emergency Judge within hours of being instructed. Time is therefore nearly always of the essence in nonmolestation injunctions and it is therefore essential that we get everything right, first time round, as there will rarely be any second chances.
See our full detailed article about the law applicable to ex-parte emergency non-molestation injunctions in English courts.
Non-Molestation Orders
These are court Orders available to victims of Domestic Violence. For details of what is classified as Domestic Violence see here.
A Non-Molestation Order is an order of the court to stop your partner or ex-partner from “molesting” you or your children. Molesting generally means harassing, pestering, controlling or interfering with you or your children in some way. This also includes violence and assault, even if it is threats of violence that have not yet been carried out. An “Assault” is any act or threatened act of violence and can include punching, slapping, throwing objects, spitting as well as using threatening words or threats of violence. Assaults are not restricted just to this list of behaviour and can be made up of a series of events over a long period of time. A Non-Molestation Order also prevents anyone your partner or ex-partner tells to molest, harass, pester or be violent towards you or your children.
Sadly at this time of year there is an increase in the number of calls we receive asking for help in controlling violent or abusive behaviour. As expert Family Law Solicitors we have extensive experience in obtaining the protection of the courts for our clients and we do this quickly, with complete understanding for your circumstances and efficiently. Should you be concerned about domestic violence and require advice on the law and options available to you, contact us on 020 8401 7352 for a free 30 minute telephone assessment of your circumstances and legal advice. We can also be contacted by email at info@solicitorsfirm.com should you prefer.
What is Domestic Violence
December 27th, 2010
What is domestic violence?
Domestic violence in English law can be broadly defined as a pattern of abusive behaviour by one or both partners in an intimate relationship such as marriage, dating, family or cohabitation. Domestic violence has many forms including physical aggression such as hitting, kicking, biting, shoving, restraining, slapping, throwing objects, or threats of physical aggression. Also included is sexual abuse, emotional abuse, controlling or dominating behaviour, intimidation, stalking, neglect, and economic deprivation as well as the effects of alcoholism and mental illness, which are often the triggers for domestic violence. Domestic violence usually forms a pattern of controlling or domineering behaviour and is present in all societies. Not all cases of domestic violence involve overt acts of physical violence. Sometime it can be hidden in a bullying and controlling environment.
Is domestic violence prevalent only in certain cultures or classes?
No. Domestic violence is common in all cultures and classes of people. Although it is most commonly experienced by women, it is certainly not restricted to women only. Any person can experience domestic violence regardless of race, ethnic or religious background, class, wealth, disability or lifestyle. It can involve several family members and can also be directed toward children as well as adults.
What is the official definition of domestic violence?
The law defines domestic violence as “Any incident of threatening behaviour, violence or abuse (psychological, physical, sexual, financial or emotional) between adults who are or have been intimate partners or family members, regardless of gender or sexuality.”
Why does it happen?
For all sorts of reasons. It is usually always because of the abuser rather than the abused person, although it may not feel that way to the victim. Victims of domestic violence are often made to feel ‘at fault’ or responsible for the violence in some way. However; in an intimate relationship like marriage, the effects of domestic violence can be destructive and as well as affecting the immediate victim, these can also have a serious impact on other family members such as children. There is no reason why anybody should have to suffer domestic violence and the law is here to help in a very fast and effective way. Often abusers are very well behaved in public and many of their friends and relatives will be completely unaware of their abusive behaviour. Domestic Violence abusers will also very often try to shift the blame for their violence onto the victim, stripping the victim of self-confidence and self-esteem and always taking the upper hand in criticism.
What can I do about Domestic Violence?
Plenty! It may come as a surprise to many victims of domestic violence but this is one area of the law where the courts take a no-nonsense approach to allegations of domestic violence and protection is available fast and it is very effective. All you need to do is decide that ‘enough is enough’! Once you have decided to seek the protection of the law, an urgent application can often be brought on your behalf by your lawyers to the courts, without the abuser being aware of the proceedings and, the courts will normally immediately issue a Non-Molestation Injunction providing immediate protection. Any further attempts at Domestic Violence after the issue of this injunction will be a criminal offence and the abuser will fast find themselves arrested, in a police cell and in deep trouble. Abusers who breach a nonmolestation Order can easily find themselves in prison.
Although there is no single criminal offence called ‘domestic violence’, the acts that comprise domestic violence are very often criminal offences in themselves. For example, harassment, assault, criminal damage, physical violence, rape, false imprisonment, sexual abuse and threats or harassment.
Domestic Violence – Help
We are experts at dealing with sensitive and often disturbing cases of domestic violence. To help assess your entitlement to the protection of the court we offer a free initial telephone consultation with a specialist Domestic Violence Solicitor on 020 8401 7352. During that telephone consultation we will obtain some information from you about your particular circumstances and we will be able to tell you whether the protection of the courts is available in your specific situation. We will also explain to you the procedure, processes and probable costs of the work you need us to conduct for you as well as the likely timescales involved.
Children (5)
Divorce (24)
Divorce Grounds (22)
Immigration (80)
Injunctions (6)
Personal Information (1)
Prenuptial Agreements (3)
Solicitors Firm (112)
Unmarried Couples (7)
Wills (1)
WP Cumulus Flash tag cloud by Roy Tanck and Luke Morton requires Flash Player 9 or better.