Month: October 2019

Divorce Law And You

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Divorce
Divorce is often a very unpleasant experience, but at the same time it can open up a whole world of new possibilities. It means the end of a marriage which you entered into expecting it to last the rest of your life – which is painful in itself. But unfortunately life doesn’t always go to plan, and that’s something we simply have to accept. This article will cover what divorce is and how it differs from separation, how you can go about getting a divorce and what happens after the dust settles.

What is Divorce?
Divorce is a process which legally ends a marriage. It effectively ends all legal obligations you have to your spouse which were put in place when you got married. That said, divorce can create legal obligations in its own right – for example, you may have to pay support money to your former spouse depending on your relative financial situations and your circumstances before your marriage.

This is different from legal separation. Legal separation allows you to live separately and effectively end your relationship, but in the eyes of the law you are still married. You’ll have a court order which lays out your obligations to your spouse for the time you’re legally separated. A legal separation is often used as a trial period so couples can see if they can work out their differences and decide if they want to move on to a divorce, which is a much more final legal move.

When you’re legally separated you’re still able to keep the medical and tax benefits that being married can bring, while still addressing issues like the division of assets and debt and child custody. If the legal separation is “successful” and you decide to follow it up with a divorce, often the precedents laid out by the legal separation agreement will simply be carried over to the divorce. In other words the same child custody and property division practices will be carried over.

How Do You Get a Divorce?
The rules surrounding filing for divorce differ from state to state. In general, the first step is to get and fill out the necessary legal forms, although you may want to talk with a lawyer before you do that to work out where you stand in terms of child custody, property, alimony and other important issues you’re going to have to work out.

You may want to consider going through a legal separation if you’re not entirely sure the problems in your marriage can’t be overcome. Sometimes time apart can be enough to realize the benefits of your marriage outweigh any troubles you’ve been having. If you’re absolutely certain problems can’t be overcome (abusive behavior, for example) then you should proceed straight to filing for divorce.

If you want to avoid a court battle it’s in your best interests to try to agree with your spouse on important issues like child support and property division (and trust me – legal battles are not pretty and are especially tough if you have children, so it’s better to work things out peacefully). If you think you can work things out but you and your partner aren’t really communicating, you can use a legal mediator to help you reach conclusions that work for both spouses.

How Is Inheritance Regulated By The Italian Law

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The Italian Law no.218, dated 31st of May 1995, regulates the field of inheritance law in the framework of international private law. ( Italian Inheritance Law )

The succession regulations are determined according to the national law of the deceased at the moment of his/her death. Furthermore the Italian rules on conflict of laws take into account the possibility that the national law of a deceased foreigner might refer to the law of another country. Such deferment will be effective only if the law of the third State accepts the deferment. Lets take an example: if a British citizen before his/her death left some properties in Italy, the succession will be regulated by the British law. But according to the British conflict law, the law to be applied should be the lex rei sitae (namely the law of the country where the property is located), that is to say the Italian law.

The Italian legislator adopted the principle of unity of inheritance, which differs significantly from the one adopted in common law countries. It is based on the separation between non-property assets and property assets, and provides for that the law of the last domicile or last citizenship of the deceased party has to be applied to non-property assets, while the so called lex rei sitae (as above defined) is applied to property assets. According to this principle, if the hereditary asset comprises properties located in different states, the succession of each single property could be regulated by the law of the country where the property is located.

The testator has the right to submit his succession to the law of the country where he resides. Such choice has to be formally expressed in a Will and shall not be damaging for the rights provided by the Italian law for the legittimari, or forced heirs, (that is to say, the family members who have a statutory right to receive a fixed share of the property of the deceased, even against the will) who are resident in Italy at the moment of death of the deceased. Please also consider that both married partners and separated partners have precisely the same rights, while the divorced partners cannot argue any kind of assets.

It is highly desirable to draft an Italian Will and probate with the assistance of an Italian lawyer in order to limit the consequences of the legal succession. In point of fact, in absence of a Will, the legal succession will be applied, and in such cases the Italian law determines which relatives of the deceased have the right to succeed (primarily the spouse, the legitimate and natural children, and the ascendants). In case of lack of heirs, according to the Italian law, the hereditary assets present in Italy would be assigned to the Italian State.

Please note, any statement made in this article is intended to be a general practical introductory explanation only and not advice. This firm accepts no liability or any responsibility for any statement made.

Advice To Instruct A Christchurch Law Firm For Your Legal Requirements

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When wanting to appoint any Christchurch law firm for your legal requirements consideration might be given to visiting several lawyers in order that comparisons may be made. A breakdown of the individual charges of various lawyers investigated will probably be helpful since it will allow a through cost analysis being made. It can also be useful any time seeking the Christchurch law firm for your legal requirements to keep a note from the services provided and also the background and experience of different companies.

When investigating the procedure of employing that greatly required Christchurch law firm for your legal requirements businesses will usually want to make sure that they possess effectively evaluated local provision and possess appointed the best option firm. Having an in depth knowledge with the legal requirements from the organization will help when wanting to match the corporation with that much needed best suited Christchurch law firm for your legal requirements. The law tends to involve complex and complicated issues and processes having a law firm available requires the get worried and confusion out of this side from the organization.

How The Law Decides Who Pays – Part I

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Many insurance companies and personal injury lawyers have a tendency of making people think that assigning responsibility is a complicated matter. In reality you dont need much more than common sense to figure out who the guilty party is.
When the Courts Are Involved
Most of the time personal injury insurance claims are settled long before the courts are involved, but in a small number of cases when the courts are involved the injured party must prove the following 4 things:

Damages:

The term damage is simply legal lingo for the amount of emotional and physical injury one has suffered, combined with the financial burden they incurred as a result of those injuries. The key thing with damages is that you can only claim what injuries you have suffered during the accident in question. This might seem like an obvious point, buy youll find many victims exaggerating injuries or trying to claim on injuries that occurred elsewhere.

Causation:

Even if you are able to prove that a certain person has been acting in a way that did neglect the law you must also prove that the neglect caused the injury. For example, just because a person might have driven through a red traffic light does not mean that it caused a car crash you were involved in. When arguing causation you dont have to prove that the negligent action is 100% to blame for an injury. Even if it at the very least contributed a minimal amount then you have a case.

Breach Of Duty:

To prove breach of duty is essential to getting a compensation payout. Its typically done by using some metric that is used to also signify if a law is broken. For example, it might be going over the speed limit or driving through a red light. However, some cases arent so black and white. You might need to argue your case because the negligence of the accused is open to interpretation.

Duty To Care:

In society every person has a duty to not harm another person, and this duty is met by acting in a certain way, or the avoidance of doing something in a dangerous manner. It is important to prove that the accused was the person who had the duty of care in the incident in question. Without proving this they cannot be held responsible for the accident.
Using A Lawyer To Understand Your Case
The 4 considerations above that must be understood before proceeding with your compensation claim can be too much to handle for some people. Your accident might be a complicated one, and proving breach of duty or duty to care can be difficult. In such cases an experienced personal injury lawyer is what youll need to give yourself a good chance of success.

Spain Sets Process For Electronic Law Enforcement Thru Law 252013

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After 2013, the Spanish Parliament accredited the Law towards the Promotion of Electronic Invoicing plus the Innovation of the Accounting Register of Invoices within the Public Sector (Law 25/2013 of December 27, 2013). Its goal will be to decrease the amount of late payments by Public Administrations, which can impinge on company funding, avoid the negative impacts on job opportunity and guarantee its survival.

The new law will come into effect on January 15th, 2015 for those who electronically file their taxation statements, as the approval of new law involves a review of the work strategies and the systems used in this area. Public Administrations as well as private companies are honored twelve months, 2014, to incorporate the fresh digital methodology in to their operations.

The goal of Law 25/2013 is to safeguard providers and improve transparency and efficiency levels in processes controlled by Public Administrations. As such, the new legal rules will secure companies from latter payments, as all invoices are digitally registered, and increase the battle against fraud, when all invoices impending for payments are documented and revealed.

The passage of this regulation promotes the practices of electronic invoicing in the public and private sector, as e-Invoicing can be described as tool that’s attaining more importance inside the European Union through several ordinances. Explicitly, in Spain, providers would be better guarded inside their business-related relations with Public Administrations through the creation of an Accounting Register of Invoices. This register is previously mandatory and must be utilized by Public Administrations and companies to present invoices; this guarantees that all invoice dates are duly accredited and will be considered for accrual of interests on amounts due.

Several of the key points of electronic invoicing operations underneath Law 25/2013 towards the “Promotion of Electronic Invoicing plus the Conception of an Accounting Register of Invoices inside the Public Sector” are:

1. As the law consists of a common standard, it is compulsory for all those Public Administrations over a national, state and local area level.

2. The electronic invoice is required to be delivered using a regulatory format and to be signed with an innovative electronic signature or an advanced electronic seal.

3. Accounting details of electronic invoices should be created by the Public Administration body or unit responsible for accounting, after receiving the invoices from the Accounting Register of Invoices. This new practice for invoice control was implemented on January 1, 2014.

4. By regulation and as from January 15, 2015, invoices for bills under 5,000 Euros might be missed from accounting records.

5. The invoice processing updates may be checked-out any time by the service provider who supplied the invoice.

Because of the new Law 25/2013, Spain is moving perfectly into a general electronic law reinforcement and control that means that an overall usage of this electronic signature and electronic documentation is on the rise.

As explained in one of the latest web-log posts entitled “Electronic Invoicing in 2013”, European Directive 2010/45/EU determines that conventional paper and electronic invoices are alike legally & fiscally. In truth, the European Commission intends to make sure extensive utilization of electronic invoices in European union through the year 2020.

Alternatively, as mentioned in the opinion post titled “Electronic invoices and how they must be used” it seems that interaction methods between the general public and Public Administrations are transforming, although not at the rate anticipated by governmental bodies after the early investments made. At this time, the task of document management software services is to demystify the popular belief that document software technology is only within the reach of big agencies.

From a scientific point of view, having an adequate document management solution lets companies to abide by the law with out extra efforts or additional costs. After all, this sort of software:

– Permits companies to prepare electronic invoices that fulfill the needs of Spanish Tax Agency (AEAT).

– Enables electronic invoices being granted in digital format, together with the creation and digital signature of documents.

– Works with electronic invoices and certifies their particular elements.

– Confirms the sender’s signature and real identity along with the validity of certificate utilized to sign any electronic invoice.

– Creates audit trails showing all procedures undertaken at the invoice.

From the business standpoint, document management software saves expenditures and time together with expanding the safety and quality of service provided.

– Price savings are generated, as the utilization of paper, toner, shipment charges and storage space etc. are eradicated or reduced.

– Management times are minimized merely because of the faster and a lot more efficient management procedure, which contributes to speedier localization of up-to-date details.

– Security is increased, as electronic signatures lessen the chance of counterfeiting and minimize the chance for human slip-up.

– The standard of Support service is upgraded since a new approach of communication with purchaser is set-up, because invoice processing and distribution times are improved and because web-based settlement of documents is allowed.

Every day, an increasing number of companies are looking for optimizing their operations in an effort to obtain efficiency and conserve expenses. In the end, when applying electronic invoicing, along with an adequate document management solution, their productivity boosts and also the quality of their customer service upgraded which straight away and favorably influences the company’s business competitiveness.