Archive for December, 2009

A definition of terms commonly associated with divorce and family law in the UK.

Affidavit – a formal statement made under oath in court.

Ancillary Relief – financial orders that a court can make in addition to a petition for divorce.  Applying to England and Wales, ancillary relief is a financial claim brought by a spouse through the courts when petitioning for divorce.

CAFCASS – Children and Family Court Advisory and Support Services.  A meeting with a CAFCASS officer will be arranged if an application to the court is made for any order affecting a child, such as contact or residence.

Civil Partnership – the Civil Partnership Act 2004 means that same sex couples may now register their partnership and acquire rights and responsibilities similar to those of a married couple.

Clean Break – a one off order that outlines financial arrangements between a husband and wife.  There can be no subsequent claim for maintenance even if circumstances change.

Conciliation – a type of mediation that takes place in court and helps couples to sort out arrangements for their children.

Contact – the arrangement for a child or children to visit the parent who no longer lives with them after the divorce has taken place.  Contact can also refer to indirect contact such as phone calls and letters.

Cross-petition – a situation where the arguments put forward as grounds for divorce differ between the Petitioner and the Respondent.

Decree Absolute – Follows the decree nisi and is the final order issued by the court bringing a marriage to an end.

Decree Nisi – a provisional order issued by the court.  The decree nisi is the first stage of the divorce and shows that the court is satisfied that the grounds for the divorce have been established.

Disclosure – the process of providing to the court full financial details about a person’s income, assets and liabilities.

Injunction – a court requiring or preventing a person from taking an action.  Penalties are generally set in place for people not abiding by the order.

Joint Tenancy – a form of shared ownership of a home or other property.  When two or more people own a property as joint tenants and one owner dies the other owner automatically takes ownership of the deceased owners share.

Maintenance – the money one spouse pays to the other for ongoing financial support.

Mediation – a process in which an impartial third person assists those involved in a divorce to reach an amicable agreement.

Occupation Order – a court order confirming or denying an individual’s right to occupy a property.  The occupation order can exclude a spouse from a home or a certain part of it.

Pension Sharing – the division of a pension fund between two spouses.

Petition – a document outlining a request for a divorce.

Petitioner – a person who initiates divorce proceedings by filing a divorce petition at court.

Premarital Agreement – a formal written agreement entered into by a couple before marriage setting out how assets will be split in the event of divorce.  Also known as a prenuptial agreement.

Residence Order – a court order that states where and with whom a child will live after the divorce of their parents.

Separation Agreement – a written agreement set out by a couple recording the financial agreement that they have reached.  A separation agreement will normally be upheld by a court but it may be set aside if there has been a significant change in one party’s circumstances.

Statement of Arrangements for Children – sets out proposed arrangements for children after the divorce.  The form is sent to the court along with the divorce petition.

Without Prejudice – a way of preventing the court from knowing about any prior negotiations between a divorcing couple that did not result in an agreement.

What are you thinking about right now? The Law of Attraction states that “whatever we think about, we bring about”. This law may initially seem like new age fluff but believe it or not, there are scientific merits to this proposition. The top quantum physicists of our time have discovered that our universe and our reality is very much directed by the “observer”.

When studying quantum particles (the smallest observable unit of matter), these scientists discovered that such particles behave in accordance with the person conducting the experiment. It the scientists “predict” that quantum particles behave in a certain way, they do. And yet, if the scientists “predict” that quantum particles behave in another way, they do. It is the “observer” that dictates the outcome of the experiment!

What does all this mean for us normal people? Well actually, these scientific experiments has far reaching implications for us as our world is made up of these same quantum particles! In this case, we are the “observer” the director and hence the creator of our reality, our world and our experience.

So, be careful of what you think about! for example, have you thoughts ever begun with the following phrases:

I don’t understand…

I don’t want…

I’m frustrated that…

I hate my…

I can’t figure out …

I’m stressed about…

I’m worried that…

I should be able to… but I can’t…

Why am I having so much trouble?

The Law of Attraction indifferent to the words preceding your thought. Whatever you think about you will attract into your life. When you think “I don’t understand why bad things always happen to me?”, you are “attracting” bad things into your life. When you think “I want to get out of debt”, you are attracting more debt into your life. When you think “I’m worried I will get sick”, you are attracting sickness into your life! The Law of Attraction brings about what you focus on even if it is not what you want. Get it?

If you understand this principle, here are some examples of how to make the law of attraction work to support you rather than to act against you. Try observing your thoughts and changing your thinking in the following way:

“I want to get out of debt” to “I want to earn amazing riches”

“I hate my boss” to “I look forward to owning my own business”

“I don’t understand why he is so lazy” to “I love it when he helps out around the house”

“I’m stressed about this project” to “I always create amazing results in my projects”

“I’m worried about getting sick” to “I experience vibrant health daily”

Now that we have a better understanding of the Law of Attraction, it is no surprise why so many people struggle with regards to money. It is been said that “the rich get richer while the poor get poorer”. This is actually the Law of Attraction in action. Because the wealthy have money, they often think about how to best use their money and hence they attract more money. The poor on the other hand often think about their present lack of money and unfortunately, that also attracts lack into their lives. Currently, 96% of the world’s wealth is being earned by just 1% of the population!

To address this issue, the main teachers behind the movie is launching a program is called “The Science of Getting Rich” and it is based on employing the law of attraction to create wealth. This amazing program is based on the principles and philosophies outlined in a book of the same title written in 1910 by Wallace D Wattles. This is the same book that inspired the movie.

What is the Science of Getting Rich about? Well in the words of Wallace D. Wattles, “The ownership of money and property comes as a result of doing things in a certain way. Those who do things in this certain way, whether on purpose or accidentally, get rich. Those who do not do things in this certain way, no matter how hard they work or how able they are, remain poor. It is a natural law that like causes always produce like effects. Therefore, any man or woman who learns to do things in this certain way will infallibly get rich.” The Science of Getting Rich Seminar is all about teaching how to do things in this “certain” way to create wealth.

Freeman Keep On Driving Ltd is a firm of Solicitors specialising exclusively in road traffic law. We are dedicated to advising and defending motorists, anywhere in England and Wales, for whom the loss of a driving licence could have devastating consequences. The firm aims not only to defend motoring prosecutions, but also to minimise the financial penalties and the periods of disqualification imposed.

There is not a statutory definition of exceptional hardship. Obviously everybody has their own reasons for not wanting to be disqualified but there is a significant difference between inconvenience or impracticability and exceptional hardship. Freeman Keep On Driving Ltd can represent you in any court in England and Wales at competitive rates, contact us to discuss your specific requirements.

We have worked with road traffic law since 1981, initially as a police prosecutor and thereafter as a defence lawyer. We have carefully selected and trained the Freeman Keep On Driving Ltd team, and we have confidence in the service they provide.

For hardship to be exceptional, it must be more than is normally suffered. It will be a question of fact to be judged by the Court on the evidence before them. The argument put forward must therefore be a strong one and stand up to interpretation and questions from the Court. The effect of any disqualification on others will also be seriously considered, e.g. family members, employees, etc. The burden of proof is on the defendant.

The prosecution must first of all prove that you have driven dangerously by showing that your driving has fallen far below the standard of the competent and careful driver and also that it was obvious to a competent careful driver that the manner in which you drove was dangerous, i.e. that there was a considerable risk of damage or injury.

If you are liable to a period of disqualification under what is referred to under the “totting up” provisions (i.e. twelve points or more) the Court must impose a minimum mandatory period of six months disqualification, unless it can be satisfied on the balance of probabilities that exceptional other than ordinary hardship exists.

Freeman Keep On Driving Ltd is a firm of Solicitors specialising exclusively in road traffic law. We offer expert legal advice and representation in Court relating to all areas of motoring law. Freeman Keep On Driving Ltd can represent you in any court in England and Wales at competitive rates, contact us to discuss your specific requirements.

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