Alison Fielden & Co: What is No Fault Divorce

No Fault Divorce – The Future of Divorce Law?

Our divorce law is now over 50 years old.  Couples seeking a divorce in England and Wales must either spend a minimum of two years separated or one must blame the other for the marriage breakdown, citing adultery or unreasonable behaviour. Even if both partners mutually agree the relationship is over, they still must apportion blame if they wish to waive the two year waiting period.

In 2015 60% of divorces in England and Wales were granted on adultery or unreasonable behaviour. By contrast in Scotland where divorce is different, this percentage was only 6%.

Divorce and separation is often a time of conflict and distress. There are a lot of potential crises and issues to resolve for couples even where they have mutually agreed that their marriage is over, and many working in Family Law believe that the present divorce law can create further conflict, and can make reaching agreement about arrangements for the children and financial matters more difficult.

The Law Society’s Family Law Protocol encourages Solicitors drafting divorce petitions based on unreasonable behaviour to include brief particulars that are sufficient to satisfy the Court.  When drafting the particulars, the Family Procedure Rules 2010 provide that they must evidence the Applicant is entitled to a divorce but should be as concise as possible. As part of the Protocol, Solicitors are also asked to provide the other party with a draft copy of the petition wherever possible, with a view to agreeing the allegations of behaviour and minimising any conflict between the parties.  Even where that does occur, there can still be a feeling of unfairness by one party.

On the 17^th March 2018 the Supreme Court heard an appeal by a Mrs Owens against the refusal of a Judge to grant her a divorce on the basis of the unreasonable behaviour of her husband.  The couple had been married for nearly 40 years and it was Mrs Owens’ position that she had been left feeling ‘unloved, isolated and alone’.  She stated that she had moved into rented accommodation in early 2015 and that she and Mr Owens had been living separate and apart since then and had lived separate lives under the same roof for many years previously. The Judge dealing with the case ruled against Mrs Owens, concluding that her allegations were ‘of the kind to be expected in marriage’. The Court of Appeal dismissed her appeal, acknowledging that their ruling left her ‘trapped in a loveless marriage’. Explaining the ruling, Sir James Munby, President of the Family Division, hearing the appeal, said ‘ It is not a ground for divorce if you find yourself in a wretchedly unhappy marriage – people may say it should be’.

The above case has led to concerns about the drafting of Divorce Petitions based on unreasonable behaviour, and the need to ensure that the particulars are sufficient to satisfy a Court.

Resolution, the organisation who represent many Solicitors practising in Family Law in England and Wales have proposed a new divorce procedure where one or both partners can give notice that their marriage has broken down irretrievably. The divorce could then proceed and after a period of six months, if either or both parties still thought they were making the right decision, the divorce would be finalised.

The decision of the Supreme Court in the Owens case is awaited, and whether the publicity surrounding the case leads to Parliament amending the law remains to be seen.

For advice about family law matters, please contact Steven Barratt or Heather Weavill at Alison Fielden & Co on 01285 653261, www.alisonfielden.co.uk

Pet Talk with Corinium Vets June 18

How are your dog's ears?

Grass seeds in dogs

Injuries caused by grass seeds are an extremely common seasonal problem in the summer months. Breeds with hairy ears and hairy feet are more at risk.  Keeping the hair short and avoiding walks in long grass may help preventing this problem.  Grass seeds have a unique design. Dry Foxtail grass seeds resemble tiny arrowheads. This enables them to attach themselves easily to an animal's fur and burrow into the skin.

The two most common places where grass seeds enter a dog’s body are the foot and the ear. Grass seeds commonly attach to the surrounding soft feathery fur between the toes, before penetrating the skin and burrowing deeper into the highly sensitive tissues of the foot resulting in extreme pain, discomfort, infection and sudden onset (acute) lameness.

In the ear, their unique shape allows the grass seed to work its way down the ear canal, where they generally come to rest right up against the delicate ear drum.

How can I tell that my dog has been affected by grass seeds?

Your dog may shake its head and vigorously lick its paws. They may also look uncomfortable, lethargic and in pain. If you notice any of the above signs - then call your vet straightaway for the most successful treatment outcomes.

What treatment is available for dogs that have been affected by grass seeds?

Your vet may try looking for the grass seed with a specially designed pair of tweezers. Grass seeds are made from vegetable matter and they are invisible on x-ray (unlike bone or metal) so their exact location within the paw is usually a mystery.

Your vet will need to examine the ear canal if a grass seed is suspected there. Most dogs need sedation or general anesthetic as they are in too much pain to allow examination and safe removal.

Corinium Radio June 18: Fleece Fayre

Corinium Radio Volunteers Flock to the Fleece Fayre
Volunteers at Corinium Radio enjoy spinning a good yarn or two so they were never going to be sheepish about covering Cirencester’s annual Fleece Fayre.

We had a team of reporters out and about on May 7th to capture the event and one of the station’s long-standing volunteers, Cameron MacGregor, was the official MC.

A whole flock of helpers offered their services in a variety of ways and the result was an in-depth programme, including music, telling the story of this fun-filled community festival.

The sun got his hat on and residents and visitors alike turned out in their droves to enjoy a host of activities aimed at pleasing all ages.

Cirencester’s own community radio station interviewed the trio of VIP openers as well as many other personalities who helped make the day the success it was.

Our Fleece Fayre Special will have been broadcast by the time you read this but you can catch it on our listen again facility. Just visit www.coriniumradio.co.uk and enjoy the day.

Station spokesman Tony Coleman said, “It was a brilliant day in every way. The weather was great and the community spirit couldn’t have been better.”

As you read this the station will have already held a very special event at which we hosted a visit by Dame Janet Trotter, the Lord Lieutenant of Gloucestershire, to our studio.

Added Tony, “At the time of writing we were putting the final touches to this very special day. We’ll bring you up-to-date with all that went on in the near future.
Meanwhile if you feel you would like to be part of our ‘family’ here at Corinium Radio just ring Carole Boydell on 07776 144033 and find out what we’re all about.

Country Matters by the Hodge June 2018 Farm Shops

Do you buy from the farm shops?

“"When I wear a pair of Armani trousers
they do not become part of me.
But when I eat a slice of ham it does.
That’s why I spend money on food.”

Carlo Petrini, President of Slow Food

So, what is a farm shop? It’s obviously not a supermarket. Nor is it a butchery where cuts and joints of meat are bought in and resold after refining and processing. A farm shop is associated with a farm and logically sells the produce of that farm. That’s straightforward then.

Except of course when a butchery decides to jump on the bandwagon and call their new enterprise a farm shop even though there is no connection with a farm, so we’ll ignore that one for now!

There are two real farm shops in the area around Cirencester competing with a huge number of supermarkets, convenience stores and specialist butchers and greengrocers. This means that you, the consumer, have a wide choice of produce based on price, quality and variety.

Most choose to go to the supermarkets for convenience and cheapness. When it’s cheap and convenient, it’s unlikely to be high quality. Take meat. We all love to think of farm animals enjoying the good life with space and freedom, companionship and warm shelter; the sort of thing you see week in, week out on BBC 1’s Countryfile. But I’m afraid you’re deluding yourself if you think this is the environment supermarkets source from. Their suppliers are mainly large scale, super-efficient, industrial type units that farm intensively – they are the only sort that can survive the meagre prices paid by their supersize customers.

Convenience stores source from the same well. They are supplied by huge wholesalers – the largest just having been taken over by Tesco – so you shouldn’t expect much difference there.

Some butchers will try and differentiate themselves by buying locally but most will just source whatever their wholesalers offer so that then brings us to the two specialist farm shops.

Abbey Home Farm Shop and The Butts Farm Shop both sell their own produce. The former is an organic farm and you can see their stock in the surrounding fields. The Butts Farm specialises in native rare breeds and their conservation and is open to the public throughout the summer months.

Judy Hancox runs both The Butts Farm and the farm shop. She is passionate about everything associated with the farm but especially the animals. Whenever a visitor expresses concern that the lambs they have just bottle fed will end up on the butcher’s slab, she responds immediately that she is much happier cooking and eating something she knows has had a good life from birth rather than an anonymous piece of meat with no provenance and probably no quality of life from the mass market. If an animal is kept for meat, we owe it to that animal to eat every part of it and not waste an ounce of it. Thus stock from the farm goes to a local abattoir and is delivered back as a carcase and then carefully butchered. Those parts that are not sold as fresh or cured meats are converted into sausages, burgers, pies etc., all of the highest quality. Food miles are as low as they could ever be.

Of course you will pay more for the experience. Buying produce from a supermarket is like buying the cheapest, most basic east European car that smokes and rattles and shakes as it plods along. Going to one of the two genuine farm shops is opening you up to the sleekest, fastest Italian supercars. But it’s not just for the ultra-rich – the price difference isn’t that great. Wouldn’t you rather pay a bit more, see openly how the animals are kept, how comfortable they are, how naturally they live with their cohorts - than save a few pounds buying anonymous produce, not always from this country – or continent even! – whose likely miserable existence is hidden away so that no one can know how they were produced?

Alison Fielden & Co: Mailing lists and GDPR

GDPR: What Do We Need To Know?

Introduction

Advances in electronic data systems have come at the price of heightened risks for data security. There have been some widely publicised cases where personal data has not been sufficiently safeguarded. Talk Talk recently lost the data of 150,000 customers, including the sensitive financial information of 15,000 of them. An employee of Morrisons recently stole the personal data of 100,000 of Morrisons’ employees. There has been an alarming increase in cyber fraud, malware and ransomware.

Most countries have taken steps to safeguard personal data. The GDPR is a piece of direct legislation from the EU which is already part of English law and comes into effect on 25th May 2018.

Some provisions, including the definition of personal data, are much the same as in the 1998 Data Protection Act, but there are some new definitions and provisions.

What do we need to know as data subjects?

As individuals we are entitled to expect the six principles set out in Article 5 of the GDPR to be adhered to by anyone who processes our data. These provide that personal data shall be:

a) Processed lawfully, fairly and transparently

b) Collected for specified, explicit and legitimate purposes

c) Adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed

d) Accurate and, where necessary, kept up to date

e) Kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the data are processed

f) Processed in a manner that ensures appropriate security of the data

As data subjects, we have the following rights (subject to certain conditions):

a) Right of access to personal data.

b) Right to rectification of incorrect or incomplete data.

c) Right to erasure (right to be forgotten).

d) Right to restriction of processing.

e) Right to data portability i.e. the right to receive the personal data which has been provided in a structured, commonly used and machine readable format, and transmit those data to another data controller.

f) Right to object to the processing of personal data.

What do we need to know as data processors?

Anyone who processes data, not just data controllers can be liable for a breach. In the Morrisons case mentioned above, the employee who stole the data was liable as well as Morrisons themselves.

As data processors we need to be aware of the principles mentioned above and also the bases on which we are permitted to process personal data. There are six lawful general bases of data processing, as well as some specific ones. These are:

a) Consent – this must be “opt-in” rather than “opt-out”.

b) Contract

c) Legal obligation

d) Vital interests of data subject or a third party.

e) Processing is necessary for the performance of a task carried out the public interest.

f) The processing is necessary for the purposes of legitimate interests pursued by the data controller or a third party.

As data processors/controllers we will need to consider the use of a Privacy Notice to individual data subjects, setting out the purpose for which their data will be processed and the legal basis on which this is done. It is advisable to have these in place by 25th May 2018.

Penalties under the GDPR are much heavier than under the Data Protection Act 1998. If there is a breach of data security, we must now report this to the ICO and the data subject within 72 hours.

For more information, the ICO website (https://ico.org.uk/) is strongly recommended. There are some very useful and readable guides and a simple ten step procedure.

Alternatively, please feel free to contact Alison Fielden at Alison Fielden & Co, The Gatehouse, Dollar Street, Cirencester, Glos, GL7 2AN on 01285 653261 or alison@alisonfielden.co.uk.

Cirencester Hypnotherapy & Health Centre: The Tide is Turning

Nicola Griffiths, hypnotherapist 

The Tide is Turning by Nicola Griffith

A few years ago I took myself off to a ‘serviced apartment’ for a couple of days as I had to finish some significant work that wasn’t getting done with all the distractions of home and the clinic I run. Someone had suggested that if you get writer’s block, then it’s good to put yourself into a different place – so I did.  On arriving at this lovely place, overlooking the sea, I walked in thinking to myself “Nicola Griffiths, you have arrived” with a big grin over my face.  It was rather nice.

The next day, at approximately 7.42am, I was stood daydreaming looking out at the sea trying to get inspiration on what to write.  I was stood there a good 5-10 minutes when I noticed that a rock had become visible on the shore line.  I’d noticed the tide was coming in when I first stood watching and during my daydream state the tide had turned. 

Nothing unusual in that I hear you say.  I agree.  But it brought something home to me.  In that 10 minute space of time, the little waves had started retreating rather than coming higher up the shore – a small change.  Yet as I looked out over that vast ocean, it struck me that the whole ocean was now moving in a different direction.  And that’s one heck of a lot of water to start shifting in the opposite direction!

When working with hypnotherapy clients, you’ll hear us say “It’s the small steps that count”.  The small steps lead to big changes.  But do we take notice of the small changes?  I suspect the answer may be no!  Yet the small changes signal a potential big change around the corner, in the same way the small waves aren’t lapping quite so far up the beach is signalling a whole ocean is changing direction.  Can we see that ocean moving? No.  Not all changes are visible immediately.

So if you want to change something about yourself, don’t look at the whole big picture expecting it to change overnight. Certainly you need to have a goal or know how you want to be and then look at the first individual step you can make towards that change.  It might be to pick up the phone to our lovely clinic or maybe email us to ask if we can help.

I once worked with a client who climbed Everest.  I remember them saying they looked down at their boots when on a vertical incline, in the pitch black of the early hours of the morning, and thought of my words “Just one small step”. So they took the next small step. That client went on to reach the summit of a rather large mountain, so don’t ever let the size of a problem put you off. 

Vets4Pets: The Importance of Puppy Parties

Socialise Your Puppy with Vets4Pets!

Veterinary Nurse Lydia Chappell RVN talks to the Cirencester Scene about the importance of socialisation for puppies.

At Vets4Pets Cirencester we encourage owners to bring along their puppies to one of our puppy parties.   Socialisation at young age is crucial for puppies to grow into happy, well behaved dogs.

As Lydia says “It is very important for your puppy to learn social skills in their early stages of life with positive experiences.   Doing this in a safe and controlled way at a puppy party maximises a puppy’s chance of successful interaction with other dogs.

This helps prepare your puppy for the big wide world where they will meet other dogs and people."

At Vets4Pets Cirencester, we are proud to offer our own puppy classes and talks, tailored to meet all basic training needs for you and your new addition!

Get in touch for more information!

Our training sessions are based upon positive reinforcement, with lots of rewards and praise, covering a range of commands, loose lead walking, clicker training, and much more. Your puppy will play and socialise in a controlled environment, with classes kept to a maximum of 5 puppies aged between 10-20 weeks.

Places are limited, so call now to reserve your place at our next puppy party on 01285 886360 or find our event on Facebook at facebook.com/cirencestervets4pets.