LEGAL ADVICE General


 
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CHILDREN AND ACCESS • DATA PROTECTION ACT 1998 • DISABILITY DISCRIMINATION ACT 1995 • DISMISSAL FROM ROYAL SERVICES FOR PREGNANCY • PROPERTY • WILLS • WOMEN'S RIGHTS • • • • • •
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CHILDREN AND ACCESS BACK TO TOP

QUESTION
I need to find out what i can do about my 2 children who are living in cornwall with my ex husband,i have not seen them in 2 years because my husband ran off with them and i dont know where they are.Nobody seems to want to help me even a solicitor,i just dont know where to start, the longer it is left the worse it will be.My husband and i did not part on good terms at all. Please can anyone give me any advice.
Name Carole Date 21st November 2002
  
DATA PROTECTION ACT 1998 BACK TO TOP
The Data Protection Act 1998 regulates the use of personal information which is being processed by equipment operating automatically. The information which relates to a living individual who can be identified from that information. The Act applies to computerised data and manual records. All data subjects have the right, on request in writing, to be provided with information on personal data relating to them.
 
DISABILITY DISCRIMINATION ACT 1995 BACK TO TOP
The Disability Discrimination Act 1995 introduced important rights for disabled people not to be discriminated against in employment and in other areas such as education and access to goods and services.
 
DISMISSAL FROM ROYAL SERVICES FOR PREGNANCY BACK TO TOP
I am searching for any articles or Court cases that had to do with women veterans in the Royal Services and their dismissal from service for pregnancy. Please help. Thank you.

Name Carolyn Date 28th June 2002

Response
  • Sex discrimination
    We have successfully claimed on behalf of employees who have been harassed, victimised, dismissed while pregnant and otherwise been subjected to detrimental treatment because of their sex. We have achieved £15,000 for injury to feelings alone for clients, plus compensation for loss of earnings for which there is no maximum award. Our team has acted for a number of the Armed Forces Pregnancy Dismissal claims as well claims related to health and safety while pregnant.
    For employers we have successfully rebutted claims of harassment and discrimination which carry a stigma well beyond normal employment matters and need to be dealt with forcefully.
    Click here to go to the web site where the above response can be found
     
    http://www.darbys.co.uk/Service%20Profiles/Employment%20Law.htm

 
PROPERTY BACK TO TOP

QUESTION
please can you tell me if my partner is presently going through a divorce process from his estranged wife. We have been living together for two years and I have two children of my own. He has two children also, who reside with her. My concern is that I own my own home wholly and my partner lives with me. I feel that his estranged wife is trying to claim a share of my property as my partner and I have a joint account and contribute towards the house. Does she have a claim? this is worrying me as my childrens future security seems to be at risk! This is causing a rift in our relationship and could lead to a demise if not resolved. Any advice. I would be grateful for any advice given.
ANSWER
Click here to see also  Relationship Divorce, Property
Name OP Date: 14 November 2002

  
WILLS BACK TO TOP

It is essential that you make a will to ensure that your wishes are carried out on your death. This is especially necessary if you are living with someone that has no automatic legal right to your estate or that your family do not approve of. Your family may not allow your lifetime partner to attend the funeral. You may have discussed your wishes with your partner but your legal next of kin may choose to ignore anything put forward by your partner.

There was a funeral recently where the flowers of the remaining partner where not put on the coffin and the partner was not in the 'family' car. The couple had been together for over 30 years but the family did not know they were a couple but just sharing a house.

Your legal next of kin is the one who will inherit your estate if there is no will. This could leave your partner without a home if the property is in your name.

Not only will your partner have to come to terms with your death, but they could also have to come to terms with your wishes not being met and they are in no position to do anything about it and the possibility of them also being made homeless.

Appoint your partner the executor of your will. This then enables them to handle the administration of your estate without interference from other members of your family. This is particularly important where your partner and family do not get along or in single sex relationships. Include funeral directions so that there are no arguments. MAKE SURE THAT THE WILL CAN BE FOUND AT THE TIME OF YOUR DEATH. Hidden somewhere safe where it may not be found for several weeks will not help! Make sure those who you want to make the arrangements know where it is.

If you die without leaving a will (sometimes called 'dying intestate'), strict rules govern who will inherit property, including money and personal possessions. Only a husband or wife, children and blood relatives are entitled to your property and money. The law decides who is to get what, whatever your wishes might have been - even a husband or wife may not automatically inherit everything. Unmarried partners, lovers, friends, lesbians and gay men have no right to inherit anything, even though a relationship may have been longstanding and your true wishes are generally known. You cannot choose who will arrange your funeral and take care of your affairs after you die.

QUESTION DO YOU KNOW IF IT IS POSSIBLE FOR A SOLICITOR TO MAKE MY PARTNER AND MYSELF LEGAL NEXT OF KINS.

Name ML Date 13th June 2002

Intestacy Rules set out the order in which your relatives will inherit your property if you die without leaving a will. The rules are very complicated. The following is a summary

If you have a husband or wife but no children and no parents all goes to the spouse
If you have a husband or wife and children part goes to the spouse, part goes to the children
If you have a husband or wife and no children but with parents, brothers and their children then part goes to the spouse and part goes to the relations.
If none of the above survive you then all goes to the State or the Crown If you have no husband or wife but you have children then all goes to them
If you have no husband or wife and no children, but you have parents, then all goes to them
If you have no husband or wife, no children and no parents then all goes to brothers and sisters and their children, if there are none then all goes to half-brothers and half-sisters, if there are none then to grandparents, if there are none then to uncles and aunts, if there are none then to half-uncles and half-aunts.If none of the above survive you all goes to the State or the Crown.

There are many options now available to people wishing to write a will. There are many "Write Your Own Will" packs available for the home computer, over the Internet, or even from bookstores for around £20. This may seem like a cheap option, but you must be aware of the basic rules before using this option. The two main considerations are that you must sign the will in the presence of two independent adult witnesses who will not benefit from your will, and those same witnesses must also sign your will themselves at the same time. Don't be tempted by adverts or door-to-door salesmen offering this service, in reality, it will not cost much more than £20 to have a will written by a solicitor, but this will depend upon the complexity of the will. This also ensures peace of mind that the document will be legally binding.

  
WOMEN'S RIGHTS BACK TO TOP
QUESTION
I would like to know whether in 1972, it was possible for women to purchase property by herself. Or did it require signature of a man or husband, before a purhcase would be accepted.
Name OO Date 22nd December 2002
 
RIGHTS OF WOMEN BACK TO TOP
Rights of Women,
52-54 Featherstone Street,
London, EC1Y 8RT.
Advice line: 020 7251 6577.

(Open Tuesday–Thursday 2–4pm and Friday 12–2pm.)
Administration: 020 7251 6575/6.
Fax: 020 7490 5377.

Rights of Women works to attain justice and equality by informing, educating and empowering women on their legal rights.
On this site you will find
Advice line: free legal advice for women by women, and downloadable information sheets.
Training: for organisations on essential issues concerning women’s rights.
Resources: order publications and download documents. Information about current research projects, and links to organisations which may be able to provide further information and advice.
E-mail: info@row.org.uk
www.rightsofwomen.org.uk
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