At Court: In what cases should I really seek legal advice?

As a general guideline if your case includes any of the accompanying components, it is prudent to seek for legal advice, even if you are unable to afford full representation.

In cases about children

In cases where there is a threat from the social services, and your child may be taken away from your custody and may potentially be handed over to a foster care, In such circumstances, you will likely to get to legal aid.

Where there are claims of non-coincidental damage or where it is alleged that the child has been exposed to vulnerable situations and has had bodily injuries inflicted by you.

Where it is alleged that the child has been abused physically or sexually in your custody/care and further if it is alleged that you are responsible for the same either directly or indirectly.

In cases where there is an eminent threat that the child may be taken to a foreign nation permanently or there is a risk of abduction abroad.

Where a child was born with help of some assisted conception procedure.

In cases relating to joint financial assets

If the property is being questioned by you or by other party or where there is a possibility of dispute regarding claim of stake in the business by the other party and or owns a proportion of the share in the immoveable asset such as matrimonial house or other property and that is being the subject of division by the court.

If the dispute is in respect with the value of a business and there is a valuable stake in it and its valuation is in dispute.

If the issue relates to any assets present in a foreign country and are subject to that country’s law of land and is governed within its jurisdiction.

If the issue is relation to the bankrupt party, or, a potential bankruptcy proceedings looming over the party. If there is a threat of a mortgage lender (of the subject property) trying to claim the assets pursuing repossession claim. In such cases it is important to obtain a professional legal advice from a property lawyer.

If the other party is trying to sell the property at a much lower value than its actual worth or there are chances of gifting the property away or mortgaging the property to their close aid.

Generally

If the party could not be traced after reasonable efforts to trace out or is deliberately refusing to accept court summons or flouting any court directions;

If the other party is not of sound mind or is incapable to  understand the facts of the case;

Where the matter is diverse and involves more than two parties to the case,

If the matter is to be adjudicated on multiple dates of hearing and consists of lengthy legal procedures;

If the judge or the lawyers are trying to invoke the inherent jurisdiction of the court (see chapter 5) or where there is a question about the case being transferred to the High Court.

Contact us to see how we can help you with your divorce

For more information on your options call our team on 0845 862 5001 or email mail@austinkemp.co.uk.

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