Let's talk legal!

First and foremost, my sympathies (or congratulations) goes out to you. The divorce process can be taxing mentally, physically and financially. After all, the day you said your vows, you'd have never envisioned this day would come. Although it is a stressful time, your let's talk legal team will make it as easy as possible for you. So here's our list of requirements you need to satisfy before you can obtain a divorce: 1.  Length of marriage Our laws stipulate that you must be married for at least two years to apply for a divorce. However, in certain special situations, you may apply for leave to apply for a divorce, if you have been married for less than two years. 2.  Length of separation Our laws also stipulate that you must be separated for one year (12 months). This does not mean that it is mandatory that you and your partner/ex-partner should be living in separate houses. the law accommodates couples who have separated but still live in the same house. 3.  ...

What does it mean? No.  It is not referring to the power of your Attorney-at-Law. Let me give you a hint. Decided to migrate, but still, have business to sort out in Jamaica? Your family/relative has been under the weather and need you to arrange certain affairs? Then this is just the document for you. This document allows 1 person (person A) to appoint another person (person B) as an agent in conducting activities on behalf of person A. So if Aunty Jacky decides to migrate, but she needs you to collect her rent, collect money from the bank, etc., Aunty Jacky will need to appoint you as her agent. This is done through a Power of Attorney. What are your thoughts? Do you have an Aunty Jacky? Yes?  Then let's talk legal!

So you've always heard that word before. And no, I do not mean Will power. A Will or testament is a legal document where a person (the testator) expressly states how he wishes his assets to be distributed at the time of death, and the person/she wants to distribute those assets until their final distribution. But why is this document important? While we all know death is the only certainty in life, some of you may say "me can't bother with that" or "I'm too young/old for that" or even "let my family deal with it themselves." Well, congrats to you as you have just put your family in a more difficult position. And why is that? When a testator dies, a Will makes it a lot easier for family/beneficiaries to apply for a Grant and distribute all those assets you would have obtained in your lifetime. So that car you love so much, that house you worked so hard to get, not having a Will is the worse possible decision you could make for them. Why ...

I really can't find it! No worries! Can't find the title for your property? You've looked everywhere - searched under every bed, every mattress, every table, but it's nowhere to be found? ? Worry not,  Let's talk legal is here! First and foremost, it is not the end of the world. After all, we're all human. Secondly, there's always a way to fix everything.  So this too can be fixed. How? A Lost Title application to the National Land Agency. While I cannot promise that this won't take much time,  I can say it can be done. A lost title application is, as its name suggests, an application made because you lost your title. This includes instances where the Original Duplicate Certificate of Title is lost, was stolen, or was burnt in a fire. This application would need information from you, the applicant, as to how this title was lost/stolen/burnt. This includes any evidence which would prove this, such as a police report or fire report. If you have a...

Now that you have informed all the necessary parties, it's time to get down to the nitty-gritty. Purchasers The first course of action is signing that sale agreement. It is as binding as it is necessary, and unless that contract is signed,  you have nothing. On signing your contract, your first order of business is to send that $$$ aka your deposit. Let's be frank, no one is going to take you seriously without that first deposit. So let's say, for instance, you were so excited that you signed the contract and completely forgot about the deposit. That contract will be parked until that deposit is submitted or worst-case scenario, the vendor moves on to another buyer, who will provide that cash right away. Now please note,  there is no binding contract unless all parties have signed to the contract. So unless and until your sale agreement is signed by the vendor, it is only binding against you. Sometimes an Attorney will send the instrument of transfer with the agreeme...

So you've heard the term common-law spouse. Now we all know what it means in the 'common sense,' but what does it mean in the legal sense? Let's talk Legal will explain exactly that. The law, as it stands now, stipulates that a common-law spouse is any single man or woman, who have cohabited with each other for 5 years or more. You may consider John Brown/Jane Doe, who you met 6 months ago, your common-law spouse, however, the law will not. It must be proven that both persons have been otherwise single and have been living together for 5 years or more. So let's hear your thoughts.  Do you think you can prove this? Or do you think the law is too stringent? If you have any questions, Let's talk Legal can assist.

So you've made that big decision, or you're probably just a little bit curious. Whatever it is, "legal thinking; let's talk legal" is here for you! Let's talk house! As a first time buyer, the first question you should ask yourself is not  "what type of house do I want?". It's as unfortunate as it is true, buying your first house is not buying your dream house. Let's not sugar coat it..........unless of course you're super-rich! - don't worry, if you are, "legal thinking; let's talk legal" has you covered too. Now that that's out of the way, let's talk about the first question to be answered by any home/property buyer and the first question to be asked by every real estate agent, every vendor, and every Attorney. Are you buying with cash or mortgage? This is followed by how much can you afford to pay for your home? Or how much money do you have access to? This largely dictates what home you'll be buyin...