Divorce with No Fault Vs. Divorce in Other Jurisdictions in Europe

Divorce with no fault

The United Kingdom government introduced a new law regarding divorce known as the no-fault divorce in April 2022. It allowed couples to seek divorce without needing to prove that one party committed a specific fault in the relationship that warranted a divorce. As a result, married couples in England and Wales could have amicable divorces, which could potentially make parenting their children easier than otherwise despite their separation. While this law is not the first time it has been adopted and implemented in Europe, it is still a rarity among European and other countries. Therefore, this article provides a quick overview of divorce with no fault vs. divorce in other jurisdictions in Europe.

This way, you can learn more about what grounds you can seek divorce if you need to. While this article is a basic guide, it’s important to remember to seek counsel from a team of UK family solicitors to get appropriate guidance on your specific divorce case, as such processes can be complex, and your personal and financial future can be affected significantly.

No-Fault Divorce and Divorce in Other Parts of Europe

No-fault divorce in the UK has made the process of getting a divorce relatively less complicated because one party does not have to prove to the court that the other did something that was damaging to the relationship. What this also means is that couples can jointly file for divorce, and a spouse cannot contest a divorce. Thus, you cannot be forced to court for a divorce contestation.

As mentioned above, this type of divorce is not unique to the UK. France has had no-fault divorce as part of its law since 1975, allowing spouses to divorce without needing to make allegations. However, spouses could and can still make allegations against their partner during divorce, which can affect the financial benefits for the victim.

Other countries in Europe did not have no-fault divorce at the time this article was written and published. What that means is that spouses must make legitimate allegations against their partners to seek divorce. Their case for divorce may be denied if the accused partner contests the divorce and proves that they did not perform any actions that could be considered harmful to the relationship. What this means is that it can be harder for people to get out of failing marriages if they do not have the necessary evidence to prove their partners’ fault and if the partner does not also want a divorce.

Final Thoughts

Even though divorce with no fault in the UK has made it possible for people in marriages to leave their relationship without the worry of being contested, there are various aspects, such as child custody, the distribution of assets, and more, that go into a divorce. That is why you should also navigate through this process with a legal representative.

Change in UK Law Regarding Corporate Corruption

UK law regarding corporate corruption

The United Kingdom has had a problem with dirty money for a long time, which has resulted in billions of pounds being washed through the economy every year. As a longstanding problem that has had little change despite the efforts of various governments over the years, the current government plans to make a positive change in 2023. Therefore, the Economic Crime and Corporate Transparency Bill is one attempt to help tackle this situation. So, this article discusses how this change in UK law regarding corporate corruption may help changes for the better in the new year and beyond.

The Economic Crime and Corporate Transparency Bill

One of the main goals of the Economic Crime and Corporate Transparency Bill is to reform the role of the United Kingdom’s register of firms, i.e., the Companies House. The current role of the Companies House is to be a registry of information. However, the bill intends to expand that role to incorporate becoming a type of watchdog of corporate behaviour and malpractice.

This new bill is an expansion of the Economic Crime (Transparency and Enforcement) Act 2022. That legislation became law after Russia invaded Ukraine. That legislation made it acceptable to place stricter sanctions on individuals, offered an exhaustive register of parties overseas who owned assets in the UK, and introduced stricter laws for wealth orders that were unexplained or unexplainable—and the state could confiscate suspected criminal assets without needing to prove the wealth’s exact origin.

Potential Reforms to Manage Strategic Lawsuits Against Public Participation (SLAPP) Cases

Something that also prevents corporate corruption from being exposed is Strategic Lawsuits Against Public Participation (SLAPP) cases. These are cases in which corporations take legal action against journalists who attempt to shine a light on their potential corporate corruption. These legal cases are damaging to individual journalists and their firms, which then discourage them from pursuing any other such cases that expose businesses engaged in channelling dirty money.

While there’s no change in UK Law regarding corporate corruption that’s specific to this type of legal action taken against SLAPP cases, there is hope that reforms are coming soon.

Mike Freer, who is the parliamentary under-secretary of state for the Ministry of Justice, spoke in November 2022 at the United Kingdom Anti-SLAPP Conference, saying that reforms are likely to come soon because discussions about this are already occurring. He also said that there is a solid commitment to tackling this issue.

Final Thoughts

If you’re a business owner, this change in UK law regarding corporate corruption should serve as an encouragement to double-check all of the processes in your company. You can hire a team of dedicated solicitors who are well-versed in this aspect of the law to help you with this process as well. However, if your company is being charged with fraud, then it’s crucial to get a solid legal team that can help you protect your assets and interests in the best possible way.

What You Should Know About Laws Regarding EVs in the UK

A representation of laws regarding EVs in the UK

2023 has introduced a number of new UK transportation laws in the United Kingdom, and some of them are specific to owners of electric vehicles. As many car users are still skeptical of adopting electric vehicles as their primary mode of private transportation, the United Kingdom government is making attempts to encourage these users to buy and use electric vehicles (EVs) instead of internal combustion engine (ICE) vehicles by offering some incentives. Therefore, the new year has marked some relevant laws regarding EVs in the UK, and this article covers them so that you know what you should expect as a potential or current EV owner.

EV Owners Won’t Have to Pay Any Vehicle Excise Duty (VED) Until April 2025

A crucial way the UK government is trying to get potential car owners to buy electric vehicles in the UK instead of ICE cars is by removing the need for them to pay any vehicle excise duty (VED) until April 2025. This law does not only apply to people who want to buy EVs in the new year. Instead, it applies to existing EV owners who have EVs that were registered on or after 1 April 2017. The minimum VED that diesel and petrol car owners must pay is £165, which EV owners are exempt from paying each year for the next 2+ years. In that case, potential car owners are incentivized to buy an electric vehicle over an ICE one to save money each year. In addition to that, EV owners will also only have to pay a VED amount of £10 in the first year after April 2025, helping them save more money. However, after that point, the VED amount should equal that of other types of vehicles, i.e., petrol and diesel cars.

What you should keep in mind, however, is that buying relatively expensive EVs increases the VED amount after April 2025. So, those who own EVs valued over £40,000 when they purchased the vehicle (after April 2025) must pay an additional amount of £355 for owning the vehicle over their flat minimum rate of what is currently set at £165.

E-Scooters Are Still Not Fully Legalised in the UK

All of the news on electric vehicles is not good, however. There was talk about the use of e-scooters (a form of electric vehicle) to be fully legal on all UK roads. However, that transport bill did not come into effect, and e-scooter users cannot use their vehicles on all UK roads. It’s best to do some research on what roads you can ride those scooters on to avoid running into problems with the law.

If you’re looking to learn more about laws regarding EVs in the UK, consider consulting a team of solicitors experienced in transport law. They can also help you with any problems you may have with the law.

Can You Serve a Foreign Sentence in the UK, And When?

Serve a foreign sentence in the UK

Can you serve a foreign sentence in the UK? It is possible for you or someone you know who is convicted of a crime in a foreign jurisdiction to serve their sentence in the United Kingdom instead. Of course, there are specific rules that can allow for this extradition. This article highlights what these rules are to elaborate further on transferring a sentence to the UK.

What to Note about Serving a Foreign Sentence in the UK

The first thing is that the foreign jurisdiction in question and the UK must agree to transfer your case to the UK. If both nations agree on transferring your case to the UK, a few additional factors must be considered and established before transferring the offender to the UK. Thus, you can only serve a foreign note in the UK if these factors are accepted, and you’ll need a solicitor to help you acquire and present some of this information.

  • The date you moved to the UK and the duration of your residence in the UK
  • Evidence that you exercised your treaty rights for a duration (without gaps) of 5 years.
  • Authorities in the UK will need to determine if there are gaps in your residency in the UK
  • Authorities in the UK will need to determine if you ever applied for permanent residence status in the UK
  • You must provide detailed information about what offence you committed and were convicted of in the country where you received the sentencing
  • You must provide detailed information about your family residing in the UK
  • Authorities in the UK will need to determine if you committed any other offences after you moved to the UK
  • Whether the offence you were sentenced for in the foreign jurisdiction is also considered an equal offence in the UK
  • If the Foreign Criminality Immigration Enforcement (Home Office) would normally seek deportation for such an offence.

Final Thoughts

It is crucial to understand that the order for a transfer to the UK to serve your sentence is not an automatic process. You must create an application, and that application has to be accepted by the relevant parties. Therefore, you must create a compelling argument on why you must serve a foreign sentence in the UK instead of that jurisdiction. That process can be tough to handle, so make sure that you hire a team of experienced UK extradition solicitors to help you with your case. They can guide you on whether you have grounds for extradition and what you must do to make your extradition a success.

You must remember that extradition can help your safety and livelihood, allowing you to meet your loved ones more frequently if you’re located near your home. So, make sure to get the best legal representation to handle your case because it can be life-changing. Moreover, this aspect of the law is very complex.

2023 Updates to UK Laws Regarding Serious Violence and Homicide

A representation of UK laws regarding serious violence

The United Kingdom government is adamant about decreasing the murder rates, and it is making new efforts to accomplish that in the new year. It’s making it legally necessary for all forms of public services in the UK, i.e., not just the police, to work collaboratively to determine some of the most fundamental causes of violent crimes so that the necessary governmental bodies can start from there to reduce the rates of murders. A few changes are being made, so this article highlights some 2023 updates to UK laws regarding serious violence and homicide.

The Introduction of the Serious Violence Duty

The most significant change in UK law regarding murders and serious violence is the legal requirement for various public sector organisations in the UK to share any information they possess about local incidents of violent crimes, which include the use of knives and guns and the loss of individuals’ lives, i.e., homicide. This new law is called the Serious Violence Duty, which became a part of UK law in January 2023.

Some of the public sectors that will be compelled to operate under the Serious Violence Duty include

  • The police
  • Healthservices
  • Fire services
  • Rescue services,
  • Criminal justice partners
  • Local government

These public sector organisations must work together to determine the causes of serious violence in their respective communities. Therefore, the Serious Violence Duty is community-specific. That said, the Home Secretary can intervene and encourage some sectors to do more if there’s a lack of progress from each of them.

The Police, Crime, Sentencing and Courts Act (2022)

The Serious Violence Duty is yet another attempt to work on reducing serious violence following the introduction of the Police, Crime, Sentencing and Courts Act (2022). The latter law was geared toward tackling serious violence that was focused on youth violence in public spaces. These acts of violence include crimes committed with knives and guns. It also evaluates instances of violence where there are greater threats of violence being committed—for example, county lines. The Police, Crime, Sentencing and Courts Act (2022) was also amended after its introduction into UK law to include sexual offences and domestic abuse under the umbrella of serious violence.

Additional 2023 Updates to UK Laws Regarding Serious Violence and Homicide

A few other 2023 updates to UK laws regarding serious violence and homicide include the ability for 4 police forces in the UK to stop and search individuals who have been convicted of offensive weapon offences or knife crimes in the past. These new powers will be trialed in early 2023, and if there’s a lot of opposition, it may change.

In addition, local authorities, the police, and public health bodies in 3  UK regions will collaborate to review existing and new cases of homicides that involve offensive weapons. The purpose is to identify any patterns in the offenders or violence to determine if there are any potential underlying causes that are leading to such violent crimes among specific individuals.

Immigration Rules for Illegal Immigrants in 2023

Immigration rules for illegal immigrants in 2023

The new year has marked an update in various types of laws in the United Kingdom, and immigration laws were not left out. The UK plans to make it more difficult for illegal immigrants to enter the UK so that it can control the intake of immigrants in a safe and legal way. This article provides a quick overview of the immigration rules for illegal immigrants in 2023 in the UK so that you or anyone you know who may be affected by these parts of the law is informed.

The Introduction of the Security System for the UK Borders Called e-Borders

The UK has introduced a system called e-Borders, which is a new security system for the UK borders that are designed specifically to make it more difficult than ever for illegal immigrants to enter the country without permission. The security system is based on biometrics for identity verification, which includes facial recognition technology for those who attempt to enter the UK without a valid visa or passport. This new system will be implemented at sea and land levels of entering the United Kingdom. In addition to that, at every border, there will be stronger background checks for any individual that is attempting to the UK without legal permission to do so.

Stricter Punishments for Employers Who Hire Individuals Who Are Considered Illegal Immigrants in the UK

Another crucial change in the immigration rules for illegal immigrants in 2023 is the punishment for employers who hire individuals who are considered illegal immigrants in the UK. The penalties are increasing for such crimes, and employers could face imprisonment in addition to large fines.

Implications of These Rules

These new rules are meant to make it possible for the UK to remove any illegal immigrants in the country with ease in the new year. At the same time, they plan to help eliminate the process of people entering the UK illegally. Of course, that will take time, but stricter laws will help with that. In addition to that, these rules can make it fairer for those who entered the UK legally to get the appropriate services to get genuine support and protection.

Final Thoughts

So, this new border system is for those entering the UK illegally, so what circumstances make it legal for an individual to enter the UK? Well, that’s a question that you should speak to UK immigration solicitors about. They can help guide you on your status if you’re an immigrant and make sure that your rights are being protected within the confines of the law.

Make sure that you consult lawyers who specialize in immigration because they will know the nuances of this complex part of the law and help determine a plan of defence for you or your loved ones if you are potentially facing deportation due to illegal entry.

Severe Sentences for Smuggling Large Amounts of Drugs by Lorry Drivers

Sentences for smuggling large amounts of drugs by lorry drivers

Lorry drivers must adhere to strict traffic laws in the UK, but despite the surveillance, some engage in various illegal activities, including the smuggling of drugs and people. The penalties for such crimes are particularly high, especially when the case involves millions of pounds of profit for the illegal parties involved and illegal substances valued in the millions of GBP. This article focuses specifically on the severe sentences for smuggling large amounts of drugs by lorry drivers in the United Kingdom. Thus, it provides examples of some recent cases and explains the importance of seeking legal representation in the event of being persecuted for smuggling charges.

Two Recent Cases of Severe Sentences for Smuggling Large Amounts of Drugs by Lorry Drivers

The following two cases can provide you with an idea of how severe the penalties can be for individuals smuggling illegal substances in the United Kingdom via lorries.

The first case that we must look at is the case of Jaroslaw Kaminski. He is a 52-year-old Polish national who was travelling from Rotterdam to Hull in May 2022 when the UK border Force stopped him to scan and search his lorry. After their search, the Border Force found £6m of cocaine present in a secret compartment of his vehicle. Cocaine is categorized as a Class A drug, and this man was transporting 75 kg of this drug category.

Smuggling a higher class of drugs can increase the severity of a drug conviction. In addition to that, transporting larger quantities of such illegal substances can also increase the severity of the conviction as opposed to carrying trace to small amounts. Therefore, this man received a particularly long imprisonment sentence of 15 years and 3 months.

The second case that we want to highlight is about a 39-year-old Ukraine national Serhii Tukalo. This individual was previously charged with smuggling people into the UK from France. This time, his lorry was caught with the possession of 20 kg of cocaine, a Class A drug. The drugs had a value of £1 million if it was sold in the UK, which is its suspected destination considering it was found entering the UK via a lorry. When his case was presented in Crown Court, the jury took 2 hours only to determine that he was guilty, despite him maintaining his innocence (i.e., him being unaware of his vehicle housing those drugs). His conviction led to an imprisonment sentence of 11 years.

Final Thoughts

The examples of sentences for smuggling large amounts of drugs by lorry drivers teach us how devastating such a crime can be to the lives of the perpetrator. So, if you are ever suspected of such a crime or are wrongfully accused of it, make sure to seek legal representation from experienced solicitors. They may be able to help you prove your innocence or reduce your sentence.

What Is Insolvency in UK Law?

Insolvency in UK law

Insolvency can cause a company to lose its position in the market due to financial constraints. However, there are some things a company can do to combat that position and move toward becoming a healthy contributor and competitor in its relevant industry and market. So, this article discusses insolvency in UK law and how it is important for companies in such positions to seek legal help to potentially liquidate their assets to prevent themselves from shutting down entirely. With that said, let’s explore what implications insolvency can have on companies and their respective markets.

What Is insolvency in UK law?

What Is insolvency in UK law? Insolvency pertains to the financial situation of a business. Therefore, in the United Kingdom, insolvency is when a company is unable to pay its bills, and its liabilities exceed its overall assets on the company’s balance sheet. Therefore, insolvency is a legal position in which any of these two circumstances can prevent an insolvent company to struggle trading without increasing its own debt. What that means is that it may become financially impractical for the company to continue operating as a business.

The UK operates under the Insolvency Act 1986, and companies nearing or in insolvent positions must enter insolvency proceedings as per this law. In most cases, the business can look toward any of the outcomes mentioned below.

  • Reach an agreement with financiers or creditors to increase the amount of investment
  • Sign an agreement in which an insolvency practitioner can handle an insolvent company and put the organisation into administration
  • Enter into a CVA, which is a Company Voluntary Agreement
  • Shutting down the company (a step that businesses may not want to take but may become necessary when there’s no other option available to sustain the business)

Why You Should Hire Insolvency Solicitors

If your business is insolvent and you’re looking to hand over your business to an insolvency practitioner, you should hire insolvency solicitors. Making your company insolvent and working with a practitioner is a long and stressful process. There are various aspects to consider, and you also have to think about the future of your employees. Moreover, negotiations with financiers or creditors can take a long time, which can make it difficult for your business to manage operations throughout that period when funds are low.

UK insolvency solicitors can help you with this entire process. They can guide you on what options you have and how you can protect your company’s best interests throughout the entire insolvency procedure. Make sure that you work with lawyers who are trained in and experienced with insolvency in UK law. They will know the nuances of such procedures and can help make this entire process relatively less stressful than otherwise. In addition, they can also prevent other partners from potentially harming your business to protect themselves.

What You Should Know About Child Abduction in the UK

Child abduction in the UK

Child abduction in the UK is a complicated part of the law in the United Kingdom, and it can span different forms of law, including family and criminal law. In some cases, international family law may also be relevant to a child abduction case. Thus, there are different types of abduction, which can involve specific parts of the law. This article explains what child abduction is and highlights why it is crucial to seek appropriate legal counsel in such cases.

Understanding Child Abduction in the UK

Child abduction is when a child (under the age of 16) is removed from one of their parents (or legal guardian) without that parent’s (or legal guardian’s) consent. Removal, in this case, can mean being taken away from the other parent (or legal guardian) within the UK or outside of it. The case will be handled under family law if it occurs within the United Kingdom. However, it can become a criminal offence if the removal is from the country.

It is also a case of child abduction if one of the parents accompanies the child outside of the UK or sends them without their presence. In some cases, the parent will also need to seek

Therefore, any person or body that has some form of parental responsibility for a child must be informed and must consent to the removal of the child from within or outside of the UK to not be considered a child abduction case.

These laws are applicable to even small visits outside of the UK. Therefore, school trips and holiday visits can also be considered child abduction if the other parent or court is not informed about the visit outside of the UK. The other parent can place a case of abduction, and the parent abducting the child can face penalties as per family and criminal law.

There are instances in which a case will not be considered child abduction.

  1. A parent or legal guardian has a child arrangements order that explains that the child lives with them. So, if the parent has sole custody of the child, then the other parent cannot make a case of abduction.
  2. A parent or legal guardian possesses an order from the court that gives them permission to remove the child from the United Kingdom.

Final Thoughts

If you suspect that you will face or are currently facing a case of child abduction in the UK regarding your child, you should seek legal counsel right away. Unless you have no custody over your child, it is your right to also be a part of decisions regarding their well-being and future. Therefore, a legal team can help guide you on what to do and create a plan to help defend your rights and your child’s rights.

 

Some New UK Transportation Laws That May Affect You

A representation of new UK transportation laws

The new year is bringing in the emergence of new UK transportation laws that may affect some drivers more than others. The new rules are fairly diverse, as they pertain to the usage of electric vehicles, parking spaces, the use of specific number plates, and so on. This article provides an overview of these new laws that are applicable to all and specific parts of the United Kingdom. As a general driver in the UK, you can determine if any of the new laws are relevant to you or not. With that said, let’s look at the new laws.

Electric Vehicles Owners Will Not Be Required to Pay Any Vehicle Excise Duty (VED) Until April 202

The UK government is certainly attempting to help encourage users to consider buying and using electric vehicles (EVs) over internal combustion engine vehicles. One of the ways it is attempting to accomplish that is by allowing the owners of electric vehicles who registered their vehicle from any time after 1 April 2017 to not be required to pay any vehicle excise duty (VED) until April 2025. What this means is that EV owners won’t have to pay the minimum VED of £165 that petrol and diesel car owners must pay up until the date mentioned above. That said, it’s important to note that EV owners must pay the additional £355 amount for owning electric cars valued above £40,000 at the time of purchase after April 2025.

August 2023 Will Mark the End of the Suspension of Heavy Goods Vehicle (HGV) Levy Payments

Owners of heavy goods vehicles that have an overall mass of more than 12 tonnes will be required to pay levy costs after August 2023 for the roads’ wear and tear caused by the usage of such heavy vehicles.

The UK government suspended this form of payment for owners and/or users of HGVs registered in the UK during the COVID-19 pandemic in an attempt to reduce the operational costs and the problems of driver shortages for haulage companies.

A Potential Ban on Parking on Pavements in Scotland in 2023

One of the few new UK transportation laws that are not confirmed yet includes a ban on parking on pavements in Scotland. The purpose of this ban is to help make the roads of Scotland more accessible to pedestrians. However, while it is speculated that the law may be implemented in December 2023, it’s still unsure.

The UK Is Introducing ‘23’ and ‘73’ Number Plates

It is customary for the United Kingdom to get new sets of number plates in March and September. Thus, new cars registered after March 2023 can get ‘23’ registration plates, and those registered after September can get ‘73’ registration plates.

Final Thoughts

If you want to know more about these new UK transportation laws and others that can affect your livelihood, then make sure to contact your transportation solicitor.