Archive for the ‘Legal Advice’ Category
Quite often many couples decide to get married too soon and too young. Statistics currently show that around one in three marriages end in divorce. Divorce can be a very complicated process and solicitors are almost always required to help resolve who is entitled to what. The most important factors of a divorce are the financial provisions, child care arrangements and visitation rights. The process can sometime turn into a bitter contest between the ex-couple, with each demanding more, claims can be rejected and proceeding can take even longer. We will now look into what is required and what kind of legal advice is available to those seeking divorce.
The Application of Divorce
If a member of a relationship feels they cannot continue with their marriage they have the opportunity to submit an application of divorce to the court so that the marriage can be dissolved.
Once this has gone through the disputing couple will need to prove to the court that their marriage has broken down and cannot be fixed. There are four main areas where this can be proven:
If adultery has been committed and it can be proven that either or both members of the relationship have had intimate relationships with another person, then it is possible to get a divorce.
If an individual has used unreasonable behaviour which was intolerable and unreasonable to the extent that their partner cannot stay with them.
If an individual deserts their partner without consent. For this to be a reason for divorce the couple must not have been living together for 2 years and the desertion must not have been consented. Also if it the individual who left to never intended to be with their partner ever again.
If the couple have been separated for 2 5 years and if they can prove they have not been living together for 2 years or more.
The Divorce Process
Once the reasons for divorce are passed by the court, proceedings can begin.
Here is step by step list of how a divorce process will function:
First you will need to file the petition, this is a request to court for the grant of divorce and is can be applied for by one or both of the disputing couple.
Then the service of petition, where the court checks out all relevant documentation and once they are satisfied they will issues the divorce petition the other half.
The acknowledgment service of the petition comes next. This is when the respondent who received the petition for divorce will return their completed form to court within the seven day time frame. This response needs to detail whether or not they wish to dispute the divorce proceedings.
Next you will need to confirm the facts of the petition by swearing an oath confirming the acts in the petition to be the honest truth.
Finally the pronouncement of Decree Nisi, which is where the court will set a date for the divorce to be announced.
Divorce can sometimes become over complicated and drawn out if any disputes about the divorce arise. This is where having helpful legal advice from a solicitor would be useful and would ensure that the proceedings go as smoothly as possible.
As a business man, or even as common people, we often face debts from our friend, colleagues, other s or bank. If this happened to us, we may require legal advice. Of course, we need a good one, not a bad one. In this case, there are some boards which provide this service. As we know, when we go to this service, we have to pay for what they have done to us. The next problem is, do we have the money to pay them while we have debt? Can we just get the free legal advice for debt resolution without any conditions again? It is known that this kind of service needs special capability and competence. Dont worry, now we have free advice consultants or organizations to solve our debt problem. These are non-profit organizations which aimed to help people with debt problems. But, be careful, there are also consultants or advisor who give this service for free, but they will ask you to register for their particular service which they provide, and this is not for free.
We divide this service into two kinds.First, absolutely free by particular organization which is concentrated in free legal advice for debt resolution. Secondly, the service provided by company, but not as their main business. This is a kind of extra service for the customer. For addition, we have to be careful to take the second type of free legal advice for debt resolution. Sometimes they need to know all the record of your debts, income, and monthly installment. They do that to make sure that the solution offered is matched for your problems. If you give the right data they required, they can provide the proper and best solution for your debt problems.
Incoming search terms:
- free legal advice debt
There are many options open to people whom want to seek basic legal advice prior to paying for the services of Lawyers. These independent advice bodies cannot offer you professional legal representation, but they can provide you with the fundamental information you need in order to consider legal action.
Citizens Advice Bureau (‘CAB’)
This is one of the most prominent advice bodies in the UK. It is entirely composed of trained volunteers and can offer free, independent and confidential advice. Its main areas of advice are on debt, housing and employment rights. These areas are not definitive as the CAB has access to a huge amount of resources. In light of this, it is a great place to start if you have any problem, which you want some basic information about. The CAB will normally give you an indication to whether or not you have the legal grounds in order to bring a case.
The you can get legal advice with more security.
Pro Bono Legal Surgeries
Many lawyers offer free legal advice surgeries. This can be referred to as ‘pro bono’ work which is latin for ‘the greater good’. These surgeries are a fantastic opportunity for people to spend 15-30 minutes with a lawyer. For example people use this period to think about whether or not they should bring a claim and whether or not the wrong done to them is civil or criminal. At the end of the session you will be more informed to whether or not it is worth spending money on appointing lawyers to take on your case.
Pro bono is not only offered by law firms. Many university law schools or professional training providers use the expertise of their students and law professors (of which will have practiced law prior to teaching) to offer free legal advice to the local community.
Enquire at your local university or closest professional studies provider for more information.
Free telephone advice from lawyers
Many law firms are happy to provide brief initial advice over the phone without charge. The best way of finding this advice is to go online and search for those lawyers who offer such free advice on their website.
Financial Services Ombudsmen
This service is a branch of the Financial Services Authority (‘FSA’). The ombudsmen help deal with complaints from consumers or businesses concerning financial services. They are a body formed of impartial experts which provide opinions on cases. Not only this but they have the authority to order any business providing financial services to settle a dispute with a consumer. If you are not happy with the opinion of the ombudsmen then you do not have to accept their advice or order, you are always free to seek legal advice. However, if you do accept the order then you become bound by this. If you believe that a business providing financial services has broken a rule or regulation provided by the FSA then this must be taken up with a different regulatory body.
Local Government Ombudsmen
If you have a complaint about a public service such as provided by your local council, then you should contact your local government ombudsmen (‘LGO’) to attempt to resolve the problem. The LGO have the job of looking into complaints made against councils. It is however not under an obligation to investigate all disputes, so it can pick and choose those, which it feels, are worth perusing. The LGO offers independent, impartial and free advice. It also has the same powers as the High Court when it comes to disclosure and investigation of a local authority.
Finally, depending on your financial circumstances and the kind of case you’re involved in, you may be eligible for legal aid [or public funding as it is now known]. However increasingly few solicitors are prepared to offer legal aid services and in any event be aware that there may be circumstances when you need to repay the cost of your legal aid lawyers.
Legal advice or lawful instruction may be understood as the teaching or making clear of vital information to a person by someone who is learned in the ways of the law, most notably a lawyer.
To many, legal advice is absolutely indispensable in everyday life, especially for those who own businesses or those whose lines of work bring them into constant and repeated brushes with the law.
Legal advice is carried out by the officer of the law, taking into cognizance all the tenets of the law, applying its abstract principles and using them to formulate concrete facts that can work within the constitution. They use these to clarify your rights and privileges as well as outline the best course of action for you to take regarding a pressing matter.
Legal advice differs from legal information in that the latter is merely an echo of fact, a restatement of the law the very way it is written. Legal advice on the other hand involves studies of the law, its origins, its metamorphosis or evolution over time, etc, and comes up with a solution that best suits a situation.
The mental capacity of the adviser, the extra hard work they out in by not just reproducing the law as is, but going extra lengths to craft out a workable solution is what amounts to being paid for.
Legal advice is important to you and anyone at all because ignorance of the law can lead you into a criminal situation that ignorance of the law cannot get you out of. Once the lawyer or legal adviser has considered all the angles possible, they help you take actions without fear of what may happen since you are on the right side of the law.
If you choose to ignore the advice, you do so only to your own detriment. There is no way you can possibly know the law as well as someone who has spent years studying it!
Employment law is a very huge and complex system of the law, its regulations and provisions are in a constantly changing. Almost everyone will at some point need to seek legal advice regarding their employment, they will need to know their rights and what the procedures to take. Employment law advice will mainly be needed for the following reasons:
Contracts of Employment
These are contracts drawn up between employee and employer that explains in details the terms and conditions of the employment, including employee and employer rights and responsibilities. Many employees will need to seek legal advice about their contracts to ensure it has been correctly drawn up and agreed upon.
Employee Rights
These are stated in various legislations, such as the sexual harassment act, the equal pay act and the employment rights act. If an employee feels their employment rights have been breached they are entitled to bring a claim against their employer. Legal advice would be essential to endure that a claim went through smoothly.
Employment Tribunals
It is possible to take employers to an employment tribunal to make a claim against them, if an employee feels their rights have been breached. Again this would be a lot easier with help from a solicitor.
Redundancy
If an employee is made redundant because their position no longer needed, but then someone else takes their position, a claim could be made as the redundancy was unnecessary.
Unfair and Constructive dismissal
Unfair dismissal is based on whether or not the employer had a good enough reason dismiss their employee and whether the correct procedures were taken in the process. If it is found that they were dismissed for an unfair reason a claim can be made. Constructive dismissal is where the employee feels they have been forced to resigning because of harassment, victimisation or being humiliated by other members of staff or employers. Legal advice would be very useful in the success of any such claims.
Workplace Discrimination and Harassment
If an employer is acting in any way discriminatory towards their employees, whether it is based on race, gender, age, religion, etc, then the employee will be able to take their employer to an employment tribunal. When taking an employer to a employment tribunal over discrimination it is always a good idea to seek legal advice from a solicitor.
There are several more rights employee has that could require legal advice, anything from minimum wage to holiday pay. Whatever the issue you should always ensure you get proper legal advice from a specialist solicitor to ensure you make use of employment your rights.