Divorce Financial Settlement in the UK – What You May Be Entitled To

The introduction of no-fault divorce in April 2022 has made this process relatively smoother for many separating couples. However, settling finances is still a necessary part of divorce in the UK. Therefore, this article provides essential information on divorce financial settlement in the UK to help you learn what you may or may not be entitled to. While this resource may offer a preliminary understanding of the subject, it’s still in your best interest to discuss these details with your solicitor to make decisions that will safeguard your future.

Divorce Financial Settlement in the UK

Financial settlement is the legally-binding agreement with your former spouse about how your assets and finances are distributed between the two of you post-divorce. Of course, before the legal document is drafted, you and your spouse must be in agreement with the terms of the settlement.

What You May Be Entitled To

It’s important to understand that no party is guaranteed specific finances and assets as per law. Thus, what you may be entitled to will depend on your unique case. That said, there are specific types of assets considered in a financial settlement, and they are listed below.

  • Money, which includes investments and savings
  • Property, which includes individually-owned property and family homes
  • Vehicles
  • Business shares
  • Life insurance
  • Pension
  • Child financial support, Spousal Maintenance support, and other types of financial support payments

In your divorce financial settlement, you can also make a claim on your former spouse’s future earnings, i.e., after the divorce. This feature is applicable in England and Wales but not in Scotland.

Matrimonial and Non-Matrimonial Assets

Matrimonial and non-matrimonial assets are critical factors when determining divorce financial settlement in the UK. The former are those assets procured after the marriage took place, while non-matrimonial assets are those that each spouse had before they were married.

That said, the relevant difference between these two types of assets is that non-matrimonial ones are protected by pre-nuptial agreements.

Factors That the Court Considers

The courts are determined to acquire a fair divorce financial settlement for both parties involved. Therefore, it considers the following factors when determining if the finances and assets are correctly allocated. This list is not exhaustive, however.

  • Each spouse’s debt
  • Which parent will look after the child or children for the majority of their childhood (if there are children involved)
  • The length of the marriage
  • The ages of the spouses
  • Earning capacity of each party
  • Financial and emotional contribution to the marriage
  • The couple’s standard of living before the divorce
  • Each spouse’s individual assets

Last Few Words

You will need an experienced and capable solicitor if you want a fair divorce settlement in the UK. They can help explain your unique condition to the court so that the outcome is not favourable to just one party involved in the marriage.

What You Should Know About Cash and Asset Seizure Due to UK Border Offences

UK BORDER OFFENCES

Whether you are a UK citizen or not, you should know about certain border offences that may lead to cash and other asset seizure. This way, you can be prepared any time that you’re entering the UK. If you do find yourself in such predicaments, you should also consider getting legal help. With that said, here’s what you should know about cash and asset seizure due to UK border offences.

Cash and Asset Seizure Due to UK Border Offences

Depending on how you’re entering the country, the border patrol officers, i.e., the UK Border Force, the police, Her Majesty’s Revenue and Customs (HMRC), or other government agencies may search you and your belongings and seize cash or other assets under certain circumstances.

According to the law, someone who has more cash than £1,000 is not directly suspicious. However, the authorities can seize it if they have reasonable suspicion that the cash will be used for criminal activity. This is also the case if they have reasonable suspicion that the cash is a product of criminal activity.

It’s also important to note the authorities can also seize a minimum of £1,000. However, they may be able to seize amounts lower than that if they need to use that cash as evidence for some crime that the accused is suspected of or arrested for.

The Proceeds of Crime Act 2002 offers definitions of what counts as cash. Cash includes the following.

  • Coins or notes of any type of currency
  • Bearer bonds, banker’s drafts, and bearer shares
  • Any type of cheque, which includes a traveller’s cheque, and postal orders

Carrying large amounts of cash when crossing the border may be considered suspicious by the authorities.

Other Assets That Can Be Seized

Other assets such as cars and other forms of personal property can be seized. These include offensive weapons, dairy products or meats, products for which incorrect VAT was paid, products with missing necessary paperwork, alcohol, tobacco products, and more.

What You Can Do When Your Possessions Are Seized

You can contest the seizure if you believe it was wrongly done, i.e., without a legal right. Thus, you can challenge the legality of the seizure by starting condemnation proceedings. On the other hand, you can also ask the appropriate authorities, which could be the HMRC or the UK Border Force to return your goods to you. You can make this request even if your possessions were seized on legal grounds. This process is known as restoration.

Last Few Words

Cash and asset seizure due to UK border offences may happen to anyone. So, if you or anyone you know is ever dealing with such an issue, it’s in your benefit to consult a trained and experienced solicitor to help you manage your case, especially if you believe that it was not legally taken.

What You Should Know About UK Extradition Law

UK extradition law

UK extradition law is a complicated form of international law that can pertain to foreigners convicted of a crime in the UK or UK citizens convicted of a crime in another country. While the laws regarding extradition include several important factors, it’s crucial to know a few, especially if you or someone you know find themselves in such a situation. So, this article discusses a few factors of UK extradition law. This article is focused only on England and Wales.

UK Extradition Law

The Crown Prosecution Service (CPS) can make an extradition request for any person (a British national) who are either accused or convicted of a crime overseas. Pre-Brexit, there were different rules for extraditing criminally-accused people from the EU. However, the UK’s departure from the EU meant that now all countries in the EU are treated like the others in terms of extradition requests.

The purpose of an extradition request, and thus, extradition itself, is to charge a convicted criminal in the correct jurisdiction. That is to say that a person being extradited to the UK will have to face the consequences of the law based in the UK.

Thus, prosecutors of the CPS in a Central Casework Division prepare the extradition requests to the UK. In most cases, the International Justice and Organised Crime Division handles these extradition requests. Once the request is prepared, the Home Office uses the diplomat channel to transmit it overseas, i.e., to the government of the country in which the person convicted is found.

UK Extradition from the UK

Another crucial aspect of UK extradition law is that it also pertains to foreigners who are accused or convicted of a crime in the UK. That is a case of extradition from the UK. Thus, another country’s government can make a request for extradition of that individual so that they may be charged in their home country for their crimes. In such cases, the CPS will conduct an extradition proceeding on a foreign authority’s behalf for the foreigner’s arrest in the UK. The foreigner may also be arrested after the extradition request. All extradition proceedings are carried out according to the 2003 Extradition Act.

It’s important to understand that extradition is not an automatic process. The individual will be brought to the Court of the Westminster Magistrates. The person being requested for extradition can mention whether they consent to the extradition or not. If they do not, a judge must determine if their case warrants extradition. There are a few factors that can work in the accused’s favour, including a claim of human rights infringement. If the judge determines that extradition, in a particular case, is against the accused’s human rights, then they will not allow the extradition.

Last Few Words

If you or anyone you know is ever caught up in an extradition case, it’s vital that you speak to trained and experienced solicitors in UK extradition law. There are some options to help protect you or those you know.

Types of Border Offences in the UK

Border offences in the UK

Are you wondering what the border offences in the UK are and how you can avoid committing them to keep legal trouble at bay? The UK border offences vary in severity. These offences can be committed by the person entering the country illegally or the carriers carrying such people into the UK. They can also be varied and related to immigration.

Let’s explore the UK’s border offences in detail!

Border Offences in the UK

Here are the types of border offences in the UK that the government can charge you with if you’re not careful when entering the country:

Liability of the Carriers

The UK government obligates the transport industry to take certain measures to ensure the passengers they are carrying into the UK are not a threat to the country or are not illegal migrants. If they turn out to be illegally travelling, the country can hold the carrier liable. It’s why they should take certain measures, such as checking the travel documents of their passengers to keep clandestine entrants at bay.

Moreover, to ensure their safety, they must divulge advanced electronic information to the United Kingdom border Force regarding the passengers or crews of their aircraft or shops. The carriers must also ensure the activities they conduct while aboard their vehicle are approved by the government and are not counted as offences.

Immigration-Related Offences

The UK also has several categories of immigration-related border offences that can also be defended or contested with the right legal help. Immigration offences are always dealt with under criminal law, and if you don’t defend yourself against them adequately, you can be deported from the country.

These offences vary from civil penalties, which are monetary penalties the Home Office levies when enforcing the country’s laws and regulations. Immigration offences cover many actions, including entering the UK illegally or using deception or false tactics to enter or remain in the country. They also include assisting an asylum seeker in entering the UK, facilitating unlawful immigration, and assisting entry to the country in breach of an exclusion or deportation order.

An immigration or border offence can also include human trafficking, failure to comply with the conditions or duration of leave, possession of false documents, and failure to supply the needed information when required. If you fail to comply with arrangements for removal or lease your residential property to people without leaves and offer unauthorised immigration advice and services, you can be charged with an immigration offence.

The Power of Border Force Officers

Border Force officers in the UK hold the power of immigration officers. It enables them to enter and search the premises or vehicles of people they suspect. They also have the power to search for and seize potential evidence and your documents, such as travel tickets and passports. They can conduct thorough examinations to ensure their satisfaction.

 

If you’re dealing with the change of a border offence, make sure to reach out to qualified help. It’s the only way to avoid greater legal trouble.

Questions Related to Extradition in the UK

Extradition in the UK

All extradition proceedings that take place in the UK are governed by the Extradition Act 2003. Are you interested in learning about extradition in the UK, its process, the treaties, arrangements with other countries, the offences for which extradition is allowed in your country, and more? Take a look at the following questions related to extradition in the country to find out everything you need to know!

Q: Has the UK entered into a central register for extradition treaties?

UK’s Foreign and Commonwealth Office has an online register of treaties that you can look up to search for extradition treaties. Any country with an extradition agreement with the UK will be categorised in the 1st or 2nd category. Members of the European Union and Gibraltar fall under Category 1 and have different rules to follow, while the remaining countries with extradition treaties are in category two and have to deal with the laws mentioned in part 2 of the Extradition Act.

Q: Does the UK offer special extradition arrangements to specific foreign countries, such as politically or geographically close nations?

The Extradition Act 2003 has rules and policies to deal with the extradition proceedings with all countries. However, part 1 of the act includes procedural requirements for EU member states. Now that the United Kingdom is no longer part of the EU, the UK does not have to comply with the European Arrest Warrant system. Today, surrender or extradition between EU members and the UK are governed by the EU-UK TCA or Trade and Cooperation Agreement, which came into effect on 1st January 2021.

However, if an individual was arrested before this date, they will be dealt with under the EAW system. With that said, if an EAW was issued before 1st January 2021, but the person was not arrested before the date, then the UK will treat the EAW as an arrest warrant and deal with it under the new provisions in the TCA.

Q: Does the UK offer extradition to countries not part of the treaty agreements?

Section 194 of the Extradition Act 2003 allows the UK to make an ad hoc arrangement for a specific extradition request from a country that has not yet signed an extradition treaty with the United Kingdom.

Q: Does the UK require double or dual criminality? How does the law assess it?

If the UK makes an arrest under Part 1 of the Extradition Act 2003 before January 2021, it does not require double criminality if the EAW deals with offences mentioned in the 32 categories of offences mentioned in the European Arrest Warrant sections 64 (5) and 65 (5). With that said, for an accusation request, the conduct needs to be punishable under the law of the requesting country with at least three years of imprisonment charge. In the case of a conviction, the country must impose a sentence of at least four months of imprisonment. Moreover, none of the criminal acts must have been conducted in the UK.

Moreover, in cases requested from EU member states in which the arrest takes place after 31st December 2020, the state requires double criminality. The court will have to decide whether the conduct mentioned in the extradition request would have been deemed an offence had it taken place on UK soil.

Immigration Law – What You Should Know About the UK Nationality and Borders Act

UK Nationality and Borders Act

On 28 April 2022, the UK Nationality and Borders Act became law by the government. This new law will change the rules for citizenship and asylum seekers drastically. Therefore, here’s an overview of some of the most significant changes made by this revision to UK immigration law.

The Home Secretary Have the Power to Take Away British Citizenship

This new legislation has given the home secretary a range of new powers, one of which includes having the ability to take away one’s British citizenship without warning. However, the government cannot leave anyone without a national identity. What that means is that you won’t be at risk if you only have British citizenship—and nothing else. However, if you have dual citizenship because of being born in another country or for any other reason, you are at risk.

Asylum Seeker May Be Sent to Rwanda

The UK Nationality and Borders Act has legalized the process of sending asylum seekers to Rwanda while they await their asylum claims. The government will use this for “inadmissible” asylum seekers. This change has been protested by several human rights experts as the UK continues to reduce access to its territory. Also, asylum seekers that are still waiting for their status are now fearful of their futures.

Certain Asylum Seekers Can Be Criminalised

The UK government has set two categories for asylum seekers based on how they entered the country. Group 1 includes those who had a visa to enter the country, while Group 2 includes those who do not. Thus, Group 2 will not meet the requirements of entering the country, which could lead to their prosecution.

What is unfortunate is that most people who attempt to seek asylum are unable to acquire visas for the UK because of the countries they belong to. Therefore, how one enters the UK will have a significant impact on their ability to claim asylum, and those entering through small boats are at great risk of deportation or prosecution.

Group 2 Asylum Seekers Have Worse Accommodations and Other Amenities than Those of Group 1

The home secretary can ensure that Group 2 asylum seekers have worse accommodations and other amenities than those of Group 1. This is also true for those who broke any immigration laws in the past to get to the UK. Thus, harsher living conditions for certain asylum seekers will affect countless people seeking refuge.

Last Few Words

There has been significant pushback since the UK Nationality and Borders Act was first introduced by several human rights experts and regular people alike. There’s no doubt that the passing of this new law makes it significantly harder for immigrants to seek refuge and live a safe life in the UK. That said, if you find yourself in a difficult spot regarding immigration law in the UK, know that you have options. A seasoned and knowledgeable solicitor may be to help your case.

Speeding Offence in the UK – Important Details You Should Know

Speeding offence in the UK

Even though a speeding offence in the UK is a common driving offence, it’s in your best interest to hire a solicitor. They can help inform you of your options and try to contest your case. If you are charged with a speeding offence, here are some crucial details you should know about it.

Speeding Offence in the UK

There are two ways that you can be charged for a speeding offence in the UK.

The first is being stopped by the police. Most suspects of a speeding offence receive a verbal Notice of Intended Prosecution (NIP) by the police. A NIP is a notice that explains that you will be prosecuted for a driving offence. This notice is time-sensitive. Therefore, you must respond to it within the appropriate time to avoid any penalties. It’s also in your best interest to seek advice from an experienced and trained solicitor before you respond to the NIP.

The second case is that you may be charged for a speeding offence without the police stopping you. It’s more common for motorists to be charged for a speeding offence in the UK without any police involvement. In this case, you may learn about your offence through a letter delivered to your place of residence.

What the Penalty for a Speeding Offence in the UK Is

A driving offence can lead to 3 to 6 penalty points. In addition to that, you may have to pay a fine of up to £1000. You may also be disqualified from driving for as long as 56 days. Cumulating penalty points may result in a longer driving disqualification, which may be six months or longer.

What you must understand is that you have the right to check all evidence for your speeding offence. Therefore, you can ensure that the charges against you are accurate, and you can determine if you can contest the charge. In addition to that, the Crown Protection Service may even drop your case entirely if it is unable to locate the evidence of your speeding. Keeping track of all pieces of evidence for every offender can become difficult as that requires considerable resources. Therefore, requesting the evidence for your case may even help your case be dissolved altogether.

You should note that it is not an easy process to acquire the evidence for your case. The Crown Protection Service is typically reluctant to provide any information about the case.

Last Few Words

A speeding offence in the UK may not seem like much, but it can result in unnecessary payments and driving disqualification. Thus, it’s best to hire a solicitor to review your case. They can help you explore your options for contesting the case and requesting to view the evidence against you. Of course, you should also try to be mindful of the traffic laws to stay away from these driving offences altogether.

Drink Driving in the UK

Drink driving in the UK

Throughout the UK, the laws regarding drink driving are strict, with penalties that can cost you money, driving disqualification, and prison time (in some cases). Therefore, this article on drink driving in the UK highlights the different ways the police can determine if you are drunk enough to be breaking the law.

Drink Driving in the UK

There are three ways the authorities may check if you are intoxicated by alcohol. These include a breath, blood, and urine test.

The Drink Driving Limits in England, Northern Ireland, and Wales

The driving limit is different in different parts of the UK. Here’s what it is in England, Northern Ireland, and Wales.

The breath test is the preliminary test, and the authorities typically perform it on the roadside if they suspect someone is guilty of drink driving. Therefore, the drink driving limit for the breath test is 35 micrograms of alcohol for every 100 millilitres of breath.

If you fail the test, you will be placed under arrest and taken to the police station. There, the police may require additional evidence of drink driving by performing blood and/or urine tests.

For the blood test, a suspect will be guilty of drink driving if every 100 millilitres of their blood contain 80 milligrams of alcohol. On the other hand, for the urine test, a suspect will be guilty of drink driving if every 100 millilitres of their urine contain 107 milligrams of alcohol.

The Drink Driving Limits in Scotland

The limits for drink driving in the UK have been stricter in Scotland since 2014.

  • For the breath test, a suspect may be guilty of drink driving if 100 millilitres of their breath contain 22 micrograms of alcohol.
  • For the blood test, a suspect may be guilty of drink driving if 100 millilitres of their blood contain 50 milligrams of alcohol
  • For the blood test, a suspect may be guilty of drink driving if 100 millilitres of their urine contain 67 milligrams of alcohol

Why You Should Not Drink Drive

In addition to breaking the law, here are some additional reasons why you should not drink and drive. Thus, when you are intoxicated:

  • Your brain takes longer to acquire and process the information from your eyes, impairing your vision
  • Your reaction times are slower than normal because it takes your brain longer to send messages to the muscles in your body
  • You may struggle to control the vehicle because your brain finds it challenging to process basic information

Therefore, the bodily impairments can put you and others on the road at significant risk, as you may not read traffic cues or react quickly to unexpected situations.

Last Few Words

If you don’t ever want to be charged with drink driving in the UK, then it’s best to look for other means of transport before you plan to drink. Keep your phone charged, and save any reliable app to make it easy to call for a car when you need one.

Signs You Should Hire Bankruptcy Lawyer – AM International Solicitors

Signs You Should Hire Bankruptcy Lawyer - AM International Solicitors

a bankruptcy attorney is there to counsel you on the bankruptcy process and whether it is right for you. They serve to help you take a critical look at your debts and assets and determine if bankruptcy is the path that will best help you or if a smarter approach is to attempt to improve your circumstances from a different angle.

The infograph below highlights some of the main reasons why you should hire a bankruptcy lawyer:

Signs You Should Hire Bankruptcy Lawyer - AM International Solicitors