Posts by Duane Plant
Guide to giving evidence in a court hearing
After more than 25 years conducting court proceedings I thought it might be helpful to summarise some of the tips I give clients before they give evidence: Guidance on giving evidence in court Tell the truth. Answer the question. Don’t answer a different question. Keep your voice up and speak clearly and not too fast (the Judge and lawyers are trying to write down what you say). Don’t get involved in an argument when being cross examined – you won’t win – and you’ll create the wrong impression. Don’t second guess where the questions are going, just answer the question truthfully. Don’t worry if you think the answers are damaging to your case. Your lawyer...
Read MoreCan I hide my money or assets in a divorce?
Why hiding your assets or income in a divorce is really stupid. Hiding and not disclosing assets is not only stupid but it is not in your own best interests. Here is why. What you want to end up with is a final court order or a “consent order” made by the Court in full and final settlement and where there are no comebacks. A clean break consent order dismisses all and any financial claims for money or property or pension or inheritance forever. Logically you do not want to be holding a worthless consent order approved by the court only to live in dread of the letter in the post informing you that the so-called final settlement is being set aside and opened up so a...
Read MoreTop tips for children when parents divorce or separate
It’s ok for parents to read this too!! Whatever is going on around you remember these points: Both parents still love you Your parents never thought they would ever separate. Your parents are finding it very stressful to make the arrangements to separate You are not alone. Half of your friends are in the same position. About 50% of children live in a home without both parents. The key is having the support and love from both parents. Many children say that they can have the best of both worlds Coping with changes can be stressful The most stressful thing is being caught up in ongoing arguments It is tough coping with parents who are arguing and who appear to hate each...
Read MoreHow can I keep my money or property safe in a divorce?
Can I keep what is mine in a divorce? What counts as matrimonial assets? There are some circumstances when you may want to argue that it is fair for you to keep specific money or property away from your spouse in a divorce settlement. Some of these circumstances include: money or property gifted to you. past inheritance or future inheritance (treated very differently) money or property or assets you have acquired since the separation money or property you had prior to the marriage business assets or sale proceeds of a business family trust assets bonus redundancy money personal injury settlement lottery winnings Contact me to discuss your specific circumstances 01223...
Read MoreNegotiations got stuck? Why won’t my former partner settle yet?
Separation and divorce: circumstances you never thought you would find yourself in. Knowing that divorce happens to more than one in three marriages does not help you cope with how tough it is. Most people feel vulnerable and frightened. We know divorce is one of the biggest life events we face. Just because it is a normal life event doesn’t make it easier to cope with. Most of us do not cope well with change, particularly when we have to cope with long periods of uncertainty as to what will happen. There are also many different parts and aspects of the relationship that are coming to an end. A decision may have been made by you or your spouse to end the relationship or...
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