Family Law Aberdeen Latest News

In a move that will help people living in the EU to recover child maintenance if their ex-partner happens to move abroad, MEPs last week took the final steps towards allowing an international Treaty to come into force in the EU.

The Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance will not, however, apply in the UK or Denmark.

Welcoming the vote in the European Parliament, Mr López-Istúriz White, who was in charge of steering the latest amendments through Parliament, explained:

“In the EU 13% of couples include someone from a country outside the EU. Thousands of European citizens that do not have the right to child maintenance can now ask for that. This new law also creates a central European authority, which will gather all the claims from all the citizens around the European Union and ask governments of third countries about those particular claims.”

“I call on Denmark specifically and the United Kingdom to join the Convention as soon as possible so we can have an agreement for the whole of Europe,” he added.

The Government has published details of the Children and Young People (Scotland) Bill.

The Bill proposes a range of measures, which include:

• Looked after two year olds and those with a kinship care order will receive the same entitlement as three and four year olds
• A named person for every child and young person from birth to safeguard and support their wellbeing, working with other bodies as required
• Providing kinship carers with more support from local authorities to increase family stability.

Minister for Children and Young People Aileen Campbell also announced an extra £10 million on top of the £20 million third sector fund to be shared between 45 organisations working closely with children, young people and families, as part of wider investment in prevention and early intervention. This lifts the total budget for the fund to £30 million over two years, an increase on the funding available over the previous two years.

A 12 week consultation on the Bill was launched in July 2012 and was accompanied by extensive stakeholder communication, including national engagement events with over 800 stakeholders and activities with nearly 2,400 children and young people.

The Children and Young People (Scotland) Bill will also increase the powers of Scotland’s Commissioner for Children and Young People as well as improving support for kinship carers, families and care leavers

A couple who recently married in the United Arab Emirates must be strong contenders for the title of ‘Shortest Ever Marriage’ after their union came to an abrupt end shortly after the ceremony.

Newspaper The Gulf Today reports that the couple had only just completed the wedding ceremony at a hotel in the town of Sharjah when an argument started.

Apparently, the husband’s brother had promised to rent a camera to record the ceremony, but didn’t to do so. The bride and her mother were annoyed at this failure and made their displeasure known.

According to The Gulf Today, the groom objected to the women criticising his mother and promptly divorced his new wife.

The subject of how the division of housework can affect relationships is once again under the spotlight, with a new study from Brigham Young University claiming that couples who carry out the work together have a stronger and happier relationship.

“We found that it didn’t matter who did what, but how satisfied people were with the division of labour,” said Brigham Young University professor Erin Holmes. “We found that when wives are doing work together with their husbands, they are more satisfied with the division of labour.”

The study also found that the success of a marriage is influenced by the quality of the fathers’ relationship with their kids.

“For women, dad having a good relationship with the kids means that dad and mom are probably going to have a better relationship,” Holmes said.

Having children is known to be a potential cause of strain in a couple’s relationship, and leads to an increase in household jobs.  Research has shown that fathers typically do twice as much housework after the first baby arrives. Mothers, however, do about five times more housework than before.

According to the study, there may well be some truth in the saying: happy wife, happy life.

“When wives are satisfied with the division of labour, both spouses report higher marital quality,” Holmes said.

Human rights organisation Liberty has announced it will seek Judicial Review of the Government’s controversial new “bedroom tax” policy based on the impact on separated families with shared custody of children.

The scheme – part of wider welfare reforms – will cut residents’ Housing Benefit if they are deemed to have a “spare” room in their home. It will apply from April this year to all council or housing association tenants of working age.

Liberty wants to challenge the lawfulness of the proposals – on the grounds they are irrational and a violation of Articles 8 and/or 14 of the European Convention on Human Rights; the right to a private and family life and no discrimination.

The human rights group is representing three clients whose families will be adversely affected by the policy as their children do not live with them on a full-time basis as part of agreed custody arrangements.

Corinna Ferguson, Legal Officer for Liberty, said:

“In no way can these loving parents be accused of ‘under-occupying’ their properties or having ‘spare bedrooms’ – these rooms are very much their children’s and home to many of their belongings. This bedroom tax could destroy thousands of similar arrangements for shared care of children, at enormous social cost. Why is a Government that prides itself on prioritising families penalising people merely for having children?”

Provisional figures for births, deaths, adoptions, marriages and civil partnerships registered during 2012 have been published by the National Records of Scotland.

The statistics show that marriages in Scotland have risen for the third consecutive year and are now at their highest figure (30,534) since 2005.

The provisional figures also show that:

• There were 574 civil partnerships (257 male and 317 female), 20 more than during 2011.
• 58,027 births were registered in the year – 563 (1.0%) fewer than in 2011.
• 54,937 deaths were registered in Scotland in 2012 – 1,276 (2.4%) more than in 2011. However, despite that rise, it is the fourth lowest number of deaths recorded in over 150 years.
• Deaths from cancer rose by 2.3% to 15,808, deaths from coronary heart disease fell by 2.0% to 7,481, and there were 4,474 deaths from stroke (a drop of 2.6%).

The decision of a court in Brooklyn to cast aside a couple’s prenuptial agreement has taken family lawyers in New York by surprise, reports the New York Post.

Elizabeth and Peter Petrakis had married in 1998, and have three children. During their marriage, Peter Petrakis built up a business empire worth around $20 million.

Ms Petrakis had signed a prenuptial agreement four days before their wedding, the terms of which said that Peter Petrakis would keep everything that was in his name should the couple split up.

Ms Petrakis claimed she was coerced into signing the agreement by Mr Petrakis. She also claimed that he promised to tear up the agreement when the couple had children.

According to the New York Post, a judge has now ruled that Ms Petrakis was “fraudulently induced” by her husband into signing the prenup and that it should be set aside. The couple will now start divorce proceedings.

Many people might think that prenuptial agreements are only of relevance to very wealthy couples with valuable assets to argue over.

However, a recent YouGov poll asked the public to give greater thought to the idea of prenuptial agreements and decide whether they would sign a prenup in advance of their marriage if asked to by their fiancé.

What is a prenup?

A prenuptial agreement is a written agreement made between a couple before they get married to determine what will happen should the couple separate or divorce.

The agreement can cover a wide variety of subjects, including how marital assets are to be divided, and what level of financial provision will be made by one partner for the other.

Survey findings

The YouGov poll found that on the whole respondents were evenly split on whether they would sign a prenuptial agreement. Around 35% said they would sign an agreement if asked to, compared to 36% of people who would refuse.

According to the survey, the likelihood of someone signing a prenup is influenced by their age. People within the 18 – 39 age group were the most likely to say they would be prepared to do so.

Looking at the results in more detail, the poll found that:

• 34% of respondents in the 18 - 24 age group would be prepared to sign a prenuptial agreement if asked, and only 25% said they would not.
• 40% of the 25 - 39 age group would sign one, compared to 33% who wouldn’t.
• Looking at the slightly older respondents, 35% of those aged 40 - 59 said they would be likely to sign a prenup if asked, and 38% would say no.
• Those aged over 60 were least likely to say they would sign a prenup (30%) and most likely to say that they definitely wouldn’t (42%).

Geographical differences

As well as age difference, the poll also found that respondents’ views on prenuptial agreements varied depending on where they lived.

Scottish respondents were the most likely to refuse to sign a prenup (46%), and only 25% of people in Scotland said they would sign one if asked by their fiancé.

Respondents with the most favourable view of prenups were to be found in London, with 38% willing to sign an agreement if asked, and 32% saying they would refuse.

Additional findings

The survey found that respondents shared quite strong views on the legal aspects of prenuptial agreements, with 72% saying they thought prenups should be recognised by law.

Celebrity prenups

Celebrity marriages and divorces are regularly reported in the media, including details of whether they had signed a prenuptial agreement, and what the terms of the prenup were. Some recent examples of this include:

Hugh Hefner and Crystal Harris

According to the Daily Mail, 26-year-old Crystal Harris signed a prenuptial agreement before marrying 86-year-old Hugh Hefner, who has a personal fortune thought to be worth around £43 million. Under the terms of the agreement, she will reportedly be looked after in the event of a divorce, but apparently has not been added to Mr Hefner’s will.

Janet Jackson and Wissam Al Mana

Negotiations are currently underway for a prenuptial agreement between singer Janet Jackson and her fiancé Wissam Al Mana, reports the Express. Janet is worth an estimated £93.5 million, while her fiance is reportedly one of the wealthiest investors in the Middle East.

A recent study from Ohio State University has found that concerns and anxieties about one’s close relationships appear to function as a chronic stressor that can compromise immunity.

The research focused on attachment anxiety. Those who are on the high end of the attachment anxiety spectrum are excessively concerned about being rejected, have a tendency to constantly seek reassurance that they are loved, and are more likely to interpret ambiguous events in a relationship as negative.

Married partners who were more anxiously attached produced higher levels of cortisol, a steroid hormone that is released in response to stress, and had fewer T cells – important components of the immune system’s defense against infection – than did participants who were less anxiously attached.

Lead author of the study, Lisa Jaremka, commented that she was not aware of any research-based advice about how to shed these feelings of insecurity, but said that it is clear that people can change.

“Most research that does exist in this area supports the idea that being in very caring, loving, close relationships might be a catalyst to change from being very anxious to not,” she said.

Recent figures from the Department for Work and Pensions have shown that the vast majority of parents who use the Child Support Agency (CSA) are now paying for their children.

The number of parents using the CSA who are paying towards their children has jumped in recent years – and now stands at almost four in five (79.5%).

Minister for Child Maintenance Steve Webb said:

"These figures show we now live in a society where parental financial responsibility after separation is just considered the norm by people.

"A third of children now live in separated families and we know that the overwhelming majority of parents want to do what’s right by their kids - even if they’re no longer with the other parent.

"Wherever possible we want parents to work together for the sake of their children - not against one another. Supporting your children after a break up is just what most parents do these days.

"Recent YouGov research shows nine in ten people believe children are better off when both parents work together to agree child support between themselves after they break up. And the evidence backs that up."

A majority of single baby boomers say they are interested in dating and finding companionship later in life, according to Del Webb Baby Boomer Survey data.

When asked about their attitudes toward dating, 56% of single adults ages 50 to 75+ surveyed said they are open to dating, showing love and companionship knows no age limits. Among those surveyed:

• 45% of all single boomers surveyed are actively dating, but not necessarily looking for love and marriage; while 11% want to find love and get married.
• 17% of never-married single boomers surveyed said they still hope to find love and get married. Digging deeper, 46% of divorced singles and 29% of widowers are looking for a companion, but are not necessarily interested in marrying again.
• 64% of younger boomers (ages 50 - 59) are most interested in dating or finding love.

When asked about the best ways to meet people and find love, single boomers surveyed agree on more traditional methods of finding companionship, with the top ways being: through friends/family (66%); social activities, fitness classes and clubs (56%); and church/place of worship (45%).

A recent study from Norway has found a link between a couple’s pattern of alcohol use and the likelihood of divorce.

The study, by researchers at the Norwegian Institute of Public Health, found that:

• On average, the more a couple drinks, the higher the risk of divorce.
• The greatest risk of divorce occurs when it is the wife who drinks the most compared to her husband.
• Couples with a similar consumption of alcohol have a lower divorce rate than couples with different drinking patterns. This was true regardless of whether both partners were heavy drinkers, or both abstained.
• However, a couple where both partners drank heavily have a higher risk of divorce than a couple who both drink sparingly.
• A marriage where both partners abstained from drinking alcohol had the lowest risk of divorce.

“The divorce rate was highest among couples in which the woman drank a lot compared to the man,” commented lead author Fartein Ask Torvik. “There are several possible explanations for this.

“In general, women are more affected by drinking than men are. In addition, it is probably less socially acceptable for women to drink a lot, because it interferes with female roles in family life. It is also more noticeable when women drink, because we are more used to men drinking more.”

One of the UK’s main children’s charities has highlighted the sad fact that too many children are being passed over for adoption because of individual personal characteristics, such as their age, ethnicity, disability or because they have siblings.

Children being passed over

The data, released by Barnardo’s at the start of its Fostering and Adoption Week, shows that:

• a white child is three times more likely to be adopted than a black child;
• the likelihood of a child aged four or under being adopted is one in three. This falls to one in 15 when the child turns five;
• around 40% of children waiting for adoption have some form of special need; and
• 48% of the children on the adoption register are in sibling groups.

High level of demand

Demand for adoption or foster care continues to be high, with additional figures published by Barnardo’s showing that:

• the number of children in the UK waiting to be adopted is at its highest level since 2007, and now stands at 7,000;
• an additional 8,750 new foster families are required across the UK this year; 7,100 in England, 1,000 in Scotland, 550 in Wales and 100 in Northern Ireland;
• few foster carers prepared to take on sibling groups, and as a result two out of three fostering services are having to split brothers and sisters up before they can be fostered.

Adoption in Glasgow

The position at local level is highlighted by a new campaign by Glasgow City Council which, like the majority of local authorities throughout the UK, faces an ever increasing number of children coming into care.

Figures from the council show that it is currently responsible for around 3,600 children and young people in care, of whom around 1,200 are looked after by foster carers. Around two-thirds of children in care are there because their parents have, or have had, substance misuse problems.

Over the past two years, the number of children taken into care in Glasgow has increased by around 300, with 200 of these going into foster care.

According to the council, there are currently around 500 foster householders in the region, many of whom are now approaching retirement. The council therefore urgently needs more people to come forward to be adoptive parents or foster carers.

Many people are eligible to adopt

To try and maximise the number of people coming forward, the council is highlighting the wide range of people who are eligible to adopt or foster, and clarifying a number of misconceptions that still exist over eligibility.

The council is reminding people that:

• "single people can foster,
• same sex couples can adopt,
• people who don't own their own home can foster,
• people in their forties can adopt,
• couples who live together but are not married can foster."

An operation ran by Tayside Police to crack down on domestic violence over the festive period saw a reduction in the number of incidents of domestic abuse.

According to police figures, Operation Lynchpin, which ran from 21st December 2012 until 2nd January 2013, resulted in a 256 incidents being recorded, which was a fall from the 319 incidents recorded over the same period the previous year.

Tayside Police point out that domestic violence can have a wide range of impacts, including physical, emotional or financial – or very often a combination of all of those – and can have irretrievable consequences.

Acting Detective Inspector David Rankine said:

'Tayside Police welcomes the reduction in incidents but I would also like to remind everyone that unfortunately domestic abuse happens 365 days a year and that all officers are committed to addressing this issue and to supporting the victims and their families throughout the year. The police will continue to look to deal robustly with anyone committing offences.'

The prevalence of single-parent households and ‘boomerang’ children may seem like a modern phenomenon, but new research has revealed that these ‘unconventional’ households are actually deep-rooted in British history.

A study of historic Census records from the 1800s, by the family history website Ancestry.co.uk, has found that many of today’s non-typical families, such as couples with large age gaps, were actually considerably more common 200 years ago.

Couples with ten or more years between them nowadays comprise one in 12 households (8%), yet there were twice as many during the 1800s (16%).

Another trend observed in the study was the prevalence of single-parent households during the Victorian era. While today around 5% of households are single parent families, analysis of the 1841 Census reveals that back then a staggering one in six (16%) households had just one parent.

Unlike modern single-parent households, the reason for a lone mother or father was often mortality rather than the relationship breaking down, with deaths resulting from childbirth or workplace accidents more common than divorce.

The only ‘unconventional’ household found to be more prominent today than during the Victorian era is the number of non-married, cohabiting couples. During the 1800s women often got married in their teens or early twenties, while today the average woman is 30 before she ties the knot.

Cohabiting couples comprised around 1% of households during the 19th century, compared to 10% today.

Newly married Katie Price was insistent that her new husband, builder Kieran Hayler, sign a prenuptial agreement before the couple wed, reports the Daily Mail.

The couple have recently returned from the Caribbean, where the wedding took place. They reportedly got engaged on Christmas Day.

Twice divorced Katie was apparently keen to protect her fortune, estimated to be worth around £45 million by People.co.uk in April 2012.

A man has been awarded damages of £25,000 after being tricked by his ex-wife into believing that he was the father of her two children, reports the Daily Mail.

The couple married in 1990, and the first child was born in 1992, followed by the second child in 1994. The couple divorced in 2004, and Richard Rodwell paid child maintenance after his ex-wife was awarded custody of the two children.

Mr Rodwell requested DNA tests in 2008 after rumours surfaced about the children’s paternity. The tests proved that the children had different fathers, neither of which was him.

Mr Rodwell sued his ex-wife for deceit, and was awarded £12,500 compensation for each child, plus costs of £25,000.

Psychological distress is lower among lesbian, gay and bisexual individuals who are legally married to a person of the same sex, compared with those not in legally recognised unions, according to a new study from the UCLA Williams Institute.

A large body of research has shown that lesbian, gay and bisexual people generally experience higher distress levels than heterosexuals due to social exclusion, stigma and other stressors. Research also shows that, on average, married heterosexuals experience better mental health outcomes than their unmarried counterparts.

Since most lesbian, gay, and bisexual people are denied the opportunity to legally marry a same-sex partner, they are potentially denied the positive emotional benefits of the institution of marriage, claim researchers, and they appear to be dually disadvantaged in terms of their psychological well-being.

“Same-sex or different-sex, there appear to be positive mental health benefits associated with legal recognition of one’s relationship,” said Richard G. Wight, who led the study. “Mental health benefits of extending marriage to same-sex couples might be derived from a heightened sense of social inclusion concomitant with the social institution of marriage.”

The Scottish Government has launched a consultation on a draft Bill to allow same sex marriage in Scotland. The plans have received cross party support in the Scottish Parliament.

The consultation seeks views on the detail of the legislation. It covers not only the introduction of same sex marriage but the detail of important protections in relation to religious bodies and celebrants, freedom of speech and education.

The Bill contains a provision making it clear that the introduction of same sex marriage has no impact on existing rights to freedom of speech.

Health Secretary Alex Neil said:

"We are introducing same sex marriage in Scotland because it is the right thing to do.

“We are striving to create a Scotland that is free, tolerant and fair and I am pleased to say there is support across the chamber for this significant step.

“I am absolutely clear that this should not impact on religious freedom and no religious body will be compelled to solemnise same sex marriages.  Religious bodies who wish to solemnise same sex marriage will have to opt in.

“Where a body does decide to solemnise same sex marriages, we will also protect individual celebrants who consider such ceremonies to be contrary to their faith.”

A second Protection Order has been issued in Scotland to protect a victim of forced marriage.

Since November last year Scottish courts have had the power to issue the orders, which offer increased protection for individuals who are affected by forced marriage.

The news comes as a new awareness drive begins to make sure that men as well as women in Scotland know how to seek help over the threat of forced marriage.

A third of all calls to the Scottish Domestic Abuse and Forced Marriage Helpline in the last year were from men.

Health Secretary Alex Neil said:

"It is encouraging that two people have taken out an Order to protect themselves against forced marriage. This is testament to the validity of implementing new legislation to protect victims or those under threat of a forced marriage.

"We know people can be subjected to threats, assault, captivity or worse at the hands of their own family and we need to make sure that those affected by forced marriage receive the help and support they need.

"Forced marriage affects men as well as women and children and our legislation was designed to protect anyone living in fear or those who are being intimidated in any way."