Disclosure, Disclosure, Disclosure!

As Family Law Solicitors advising clients in relation to their financial settlements upon divorce we are very much aware that our frequent reminders to clients of their obligation to be open and honest about the extent of their financial interests can seem rather tiresome.

However, the importance placed by the Courts upon parties’ honesty about their finances was exemplified in the High Court last week when Scot Young, a former property magnate, was sentenced to six months’ imprisonment for failing to disclose his assets in his divorce case. Specifically, Mr Young refused to disclose what had happened to £400 million of his wealth which he claimed was lost following a failed property transaction in Moscow. In proceedings brought by his former wife for his breach of a 2009 Court Order to pay her £27,500 per month maintenance, Mr Young was described by Mr Justice Moor as having “flagrantly” breached the Court’s orders to disclose what had happened to his fortune. Consequently, he was imprisoned for contempt of court.

Sentences of imprisonment are unusual in divorce cases for non-disclosure of assets. We have been involved in a case where the other party has received a suspended sentence of imprisonment for failing to disclose credit card statements as ordered by the court. This case involved modest finances and a rather stubborn former spouse who did not want to co-operate. As a result they now have a criminal record.

The case of Scot Young is a reminder to us all of the importance of honesty throughout the Court process. ‘Disclosure’ is not simply an excuse for your solicitor to nag you (!) or an exercise to run up costs. Whilst in the majority of cases the Court may simply draw adverse inferences upon one party’s refusal to provide the court with information about their financial position, in others it can result in significantly greater consequences.

Should you require any further advice from our Family Law Team then please feel free to contact Amy Walpole, Partner, or Sophie Key, Solicitor, on 01603 675648 or email matrimonial@rogers-norton.co.uk.

The video says it all!

This is the way to bring a little cheer to children's faces who are going through a tough time. Our visit to the Panto with Nelsons Journey explained in a one and a half minute video.

The video says it all!

Rogers & Norton

Children from Nelson's Journey meet the Panto Stars

This is the third year running that Rogers & Norton have taken children from Nelson's Journey to the Panto rather than sending out Christmas cards to everyone and we are delighted to report that the evening was a huge success with 30 children able to come along despite the fact that they are going through a very sad period in their young lives due to bereavement in some way.

We had a special tea party at the Theatre where the children were able to meet the Cast of the Show and it was wonderful that virtually every member of the cast gave up their time to entertain the children before the performance for which we are very grateful. Click here to see some pictures taken on the evening which give you a flavour of the event too.

The Theatre were excellent with their support and help on the evening as always and the Leeds Building Society donated goody bags for all the children to take home with them too. The Norfolk magazine photographer was there too along with the EDP reporter so hopefully the Charity will get some good media coverage to help their fundraising efforts.

We do arrange many varying promotional events throughout the year to try and put something back into the community and to help our chosen Charity, but this is by far the most rewarding evening of them all. To see the delight and joy in the childrens faces on the evening is a great reward for us all and we will continue to support the evening in future years.

Nelson's Journey do some wonderful work with children who have suffered with bereavement with some truly committed staff and volunteers and you can find more information about the Charity by visiting www.nelsonsjourney.org.uk.

If you would like more information about this event or other Rogers & Norton charitable events please visit our website www.rogers-norton.co.uk or contact me on o1603 675618 or gjk@rogers-norton.co.uk.

With kind regards.

Graham Knights
Practice Manager

All I Want for Christmas….

You may have read over the Christmas period the rather saddening reports that a ‘dad’ was the tenth most longed-for ‘present’ on children’s Christmas wish lists.

A survey of 2,000 parents, conducted by Westfield London and Westfield Stratford City revealed that, along with the expensive ‘must have’ toys and an array of pets, a number of children wished for a father in their lives.

The survey highlights the breakdown of family life. Recent figures from the Office for National Statistics show that the number of children living in single-parent families in the UK has risen steadily but significantly from 1.6 million in 1996 to 2.0 million in 2012.*

From our dealings with clients we appreciate that it is not always through choice that many fathers, and indeed mothers, are prevented from being involved in their child’s life. Unfortunately, it is not uncommon for the resident parent to be obstructive to the contact between a child and their non-resident parent. We are frequently asked by clients to write to their former partner to negotiate the arrangements for contact (formerly known as access). This is not just at Christmas but is a year-round problem for many families. On some occasions it is necessary for parents to apply to the Family Courts for a Contact Order.

Since April 2011 it is necessary for most cases to be referred to mediation before an application to the Court can be made. Mediation is a process whereby a trained, impartial mediator meets with the parties together and assists them to reach a resolution between themselves. If mediation is unsuccessful then it is possible to make an application to the Court.

In the absence of any welfare concerns the Court operates under a presumption that contact between a child and their non-resident parent is in the best interests of the child. Contact can take many forms including ‘supported’ contact at a local contact centre to ‘staying’ contact. The process may be resolved by agreement at an early stage or may proceed to a final hearing whereby a judge will make a decision as to the type and frequency of contact. The Court treats very seriously the issue of contact between children and their parents and relatively recent developments in the law has seen the introduction of custodial sanctions for resident parents who continue to obstruct contact in breach of a Court order.

If you are experiencing difficulties maintaining contact with your children or you wish for some advice as to how to manage your child’s contact with your former partner please contact our Family Team. We offer a one-off Fixed Fee meeting during which we can address your queries and advise you as to your options. Our fees are £50 + VAT for the Fixed Fee meeting.

Please feel free to contact Sophie Key, Solicitor, or Amy Walpole, Partner, on 01603 675648 or email matrimonial@rogers-norton.co.uk.

*Office for National Statistics ‘Families & Households 2012’ Statistical Bulletin 1st November 2012.