Life After Divorce

According to the BBC article ‘Divorce Rates Data- How Has It Changed?’, 34% of marriages will end before they reach their 20th anniversary, divorce rates are highest amongst 40-44 year olds and 1 in 3 of all marriages will end in divorce.  These sad statistics reveal that today divorce is the unfortunate reality of many people today so at least you can take comfort in the fact that you are not alone.

The first thing that struck me after I had finalized my divorce was my sense of loneliness. Although there had been problems in my marriage for many years, I had always seen myself as part of a unit  or a couple and so re-branding my identity that represented this new me was important.  I couldn’t think of a version of me that did things without my now ex-husband and thinking of things that  I alone enjoyed had me confused! I ended up joining the gym and really getting into yoga as it had a real calming effect on me and helped me centre my emotions.

another really important factor of moving on after a divorce is to clear any debris of the marriage out of your new space.  As human beings, we’re innately wired to attach meaning to arbitrary objects. I’m not saying to throw out your memories as this is also counterproductive, but clearing them away and storing them is a good idea so bad memories are not conjured up when you least expect them.  Since I was living in a much smaller flat and I had a lot of stuff, I found this blog ‘15 hideaway storage ideas for small spaces‘ by Apartment Therapy really helpful when coming up with creative solutions.

Finances are another really complicated issue when it comes to divorce.  I never looked after that sort of area so when I got divorced, I was at a true loss as to what to do. Luckily, I found The Woman’s Wealth Expert who specialises in financial planning for women and she really helped me get my books straight.

Finally, when divorcing keeping a good network of friends and family close is essential.  You shouldn’t feel like you’re a hassle or an inconvenience.  Your friends are always more willing to help you than you think so you should utilise them! Try not to dwell on issues from the past and instead, concentrate on your future because there really is a life after divorce.

 

 

Mobility Choices

As anyone who has impaired mobility will know, the need to retain independence and freedom is paramount. Whether you have had reduced mobility for some time or if you are just getting used to life with reduced mobility, it is worth exploring some of the assistance options that may be open to you to help keep mobile. This blog explores just three of the options available.

Mobility Allowance / Motability

Depending on the severity of your mobility restriction, you may be entitled to either the mobility component of Disability Living Allowance. The mobility component has two rates, lower and higher, which are awarded depending on meeting certain eligibility criteria. The lower rate will enable people with smaller impairments to meet additional costs such as taxi fares. The higher rate of mobility allowance can be used to lease a car on the Motability scheme. Part or all of the allowance can be exchanged for a car that you will keep for 3 years. At the end of the 3 year period the car is replaced with a new one. Most car dealerships are participants in the Motability scheme and some are able to provide adaptations to vehicles such as additional steering wheel controls.

Help For Non Drivers

If you have never driven, or your impairment means that you can no longer drive you may still be able to get a vehicle on the Motability scheme. Your partner or a nominated person can drive a Motability scheme car for you. Companies such as Gleneagles Conversions specialise in wheelchair accessible vehicles. These cars have been adapted to include ramps or lifts to get you into the car without having to leave your wheelchair.  If you do not qualify for the higher rate of the mobility component of DLA, companies such as Gleneagles also deal with second hand vehicles that may be perfectly suited to your needs.

Another option available under the Motability scheme is a mobility scooter. Electric mobility scooters can be used by anyone, without need for a driving license. In most cases you will not need to surrender your entire mobility allowance to get a mobility scooter.

In Home Adaptations

Making the home accessible is just as important as outdoor mobility. Installation of a stair lift can give mobility impaired people the freedom to enjoy their entire home. Dependent on your circumstances you may be able to get help with the cost of installation of stair lifts and other home adaptations in the form of a disabled facilities grant from the government.

 

Preferential Creditors

Preferential Creditors Definition

In the UK a preferential creditor is a creditor that receives payment before other creditors when the debtor enters into some form of insolvency. When a company or individual goes into liquidation there is an order of priority under which creditors are paid (once the fees of insolvency practitioner’s have been paid).

The first people to get paid under English company law are secured creditors i.e. those who have a fixed charge over a debtor’s asset (usually registered at Companies House). After secured creditors preferential creditors are paid. Preferential creditors usually consist of employee’s remuneration including wages, holiday pay, pension payments and so on (within certain limits).

Preferential creditors are followed by creditors who hold a floating charge and finally unsecured creditors such as trade creditors, lenders of any unsecured loans and shareholders. In most cases, due to the debtor’s insolvency, it is rare for anyone other than secured creditors and preferential creditors to get paid. Usually in liquidation, where there is not enough money to pay preferential creditors in full they are paid a proportion of the money they are owed, for example, 50p in every £1 that was owed.

The rights of preferential creditors are protected under the Insolvency Act 1986.

Preferential Creditors and Insolvency

Liquidation

A company goes into liquidation through either of the following:

  • Members / Shareholders Voluntary Liquidation (MVL) – where the company goes into liquidation but expects to be able to pay its creditors
  • Creditors Voluntary Liquidation (CVL) – when a company becomes insolvent (i.e. unable to pay debts when they fall due) and is forced into liquidation by a creditor(s)
  • Compulsory Liquidation – where the company is forced into liquidation by one of its creditors or the court

With a CVL and MVL an insolvency practitioner is appointed to realise the company’s assets and distribute them to secured or preferential creditors. With compulsory liquidation the court appoints an official receiver to realise the company’s assets and distribute them to secured or preferential creditors (where possible).

Administration

A company can go into administration either by way of an order form the court, appointment by an eligible floating charge holder or an appointment by the company or its directors. Amongst other duties, such as trying to rescue the company, it is the duty of the administrator to realise the company’s assets and distribute them to secured or preferential creditors.

Bankruptcy

An individual can be made bankrupt either by an order of the court or following a bankruptcy petition from a creditor. The duty to wind up the individual’s affairs becomes the responsibility of the trustee in bankruptcy including for the realisation of the company’s assets and the distribution to secured or preferential creditors.

Preference

A preferential creditor should not be confused with the principle of preference. A preference under Section 239 of the Insolvency Act 1986 occurs when a debtor pays a particular creditor or group of creditors outside of the statutory order of payments, thereby putting that creditor in a better position than they ought to be in before entering into a formal insolvency such as bankruptcy or administration. In order for there to be a preference there has to be a desire to create a preference.

Where there has been found to be a preference payment made action can be taken against the beneficiary and the party making the payment (the company and / or its directors) including disqualification where wrongful trading is proven.

Consider the following example:

Company A, after trading successfully for a number of years, suddenly has a downturn in business. Upon realising that the company is insolvent the director decides to pay off creditor X and creditor Y (unsecured creditors) to ease the burden on the company. Upon entering into liquidation an investigation by the court appointed official receiver  reveals that creditor Y is the brother of Company A’s director. In this example there is not only a clear preference but a clear desire to create a preference.

A preference should always be avoided and creditors should be treated either equally or in the statutory order.

Useful Links

Guide to shareholder rights

http://www.darlingtons.com/site/srvbusiness/srvcompanylaw/shareholders_rights/

Business Solicitors

http://www.gannons.co.uk

Whether You’re a Victim or Full-Time Carer, Help is at Hand

If you or a loved one has sustained a head or brain injury that has affected the way you live, it’s important to get help and support during the process of recovery and rehabilitation. There are a number of ways you can do this; you don’t need to rely just on family and friends. Here are a few things to think about while adjusting to your life post-injury:

Finances: If you are no longer able to work as a result of your injury, there are a number of things you can do. Firstly, get in touch with your local benefits office and see if you are eligible for disability or carer’s allowance. All the information you need can be found on this website: https://www.gov.uk/browse/benefits/disability It’s important to take care of yourself financially, so it’s not an added stress to your life. If you are for whatever reason not eligible for these benefits, then depending on the nature of your injury and how it was dealt with, you could get in touch with a brain injury lawyer. Claiming some compensation for your injury will put your mind at ease, and not add to the already difficult task of adjusting to your injury.

Community resources: Depending on your injury and the extent of your needs, you could make use of some local facilities. Whether it is rehabilitation programmes, hired help or community outreach programmes, getting involved in your local community services will give you or your loved one a support network that takes the pressure off. It’s important to reach out to members of the community, and with the range of services and support in your neighbourhood, it’ll be worth your time.

Carers workshop: If you have become a carer for a loved one who is suffering from a brain injury, it’s worth taking some time to learn the best methods and techniques. Headway are an organisation that co-ordinate a regular carer’s workshop, led by a leading occupational therapist. They teach a carer how to deal with the practicalities of caring for someone with a brain injury, as well as dealing with difficult behaviour and, most importantly, getting any help they may need. Remember that life can be very difficult for full-time carers, and by going to a workshop or community group, you can get the support network that you may need.

So if you or a loved one has recently sustained a brain injury, remember that there is help at hand! Get involved with your community and remember there’s nothing wrong with asking for help – it’ll make life a lot easier, and you’ll make some lifelong friends in the process.

No Win No Fee

At first I assumed that it was simply assumed that it was just another workplace fall and that it had hurt a little but nothing serious and simply shrugged it off thinking it was nothing. A little later though it was still hurting, and really hurting, having bashed my ribs on the stairs as I fell I began to feel increasing pains in my chest and was very short of breath. After a short time I had another fall, this one I remember rather less well as I had passed out and collapsed, I woke up the next day having had surgery for a collapsed lung.

It turns out the stairs were rather tougher than I thought and had managed to break three of my ribs that had then managed to crush my lung, not the most pleasant experience of my life and I had the extra pain of having to be off work for 6 weeks to recover and having nothing but my small amount of savings to fall back on. After a short time I realised this wasn’t going to be even nearly enough and that I needed to find money to compensate for my wages somewhere, after a little while a friend encouraged me to make a personal injury claim against my company. I had first been apprehensive as I thought that I would not be able to go back to work after claiming against the company I worked for but after thinking about it again I realised that it was money that I was owed. Not only was I owed this money, it was merely replacing the wages that I would have earned if I had been able to work.

After a quick trawl of the internet I managed to find an injury lawyer that offered No Win No Fee Compensation and had an incredibly high success rate. After a few phone calls and meetings with solicitors and then a period of waiting for offers I eventually had the money in my account and was able to stop living from my savings. Any fears that I had about starting back at work after my claim were unfounded and I found that people were more concerned that I was feeling better and the claim is yet to be mentioned at work.