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A Guide to Spousal Maintenance
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A Guide to Spousal Maintenance

Published on
Chris Sweetman
Chris Sweetman
Editor at The Divorce Magazine
Director at Fair Result

Sponsored post by Fair Result.

This blog serves as a practical and informative guide to spousal maintenance in divorce settlements. It clarifies what spousal maintenance is, who may be eligible, how payments are determined, and key considerations when negotiating or contesting maintenance. Keep reading to find out more.

What is Spousal Maintenance?

Spousal maintenance, sometimes mistakenly called alimony, is financial support paid by one spouse to the other following a divorce or separation. Its purpose is to provide financial assistance to the lower-income spouse, ensuring they can maintain a standard of living similar to that enjoyed during the marriage. Unlike child maintenance, which is specifically for the support of children, this kind of support focusses on the financial needs of the ex-spouse. It is often seen as support for the partner receiving it as financial assistance to allow them to adjust to single living.

Who Qualifies for Spousal Maintenance?

Eligibility for spousal maintenance depends on several key considerations by the court:

  • Income Disparity: The court examines the difference in income and earning capacity between the spouses.
  • Length of Marriage: Longer marriages are more likely to result in spousal maintenance awards, especially as above where one partner needs time to adjust maybe for example having a period of time to look for work.
  • Childcare Responsibilities: If one spouse is responsible for the care of young children, this may influence the award but must always recognise that this is entirely separate from child maintenance, but it does sometimes get merged by the courts and practitioners.

Each case is unique, and the court’s decision is based on the specific circumstances of the divorcing couple. At Fair Result, we use our experience in divorce financial settlements and negotiating to assist you in this aspect of your overall financial settlement and remember we operate on fixed fee divorce services.

How Payments Are Determined

Several factors influence the determination of spousal maintenance payments:

  • Financial Needs and Resources: The court assesses the financial needs of the lower-income spouse and the resources available to both parties.
  • Standard of Living: The standard of living during the marriage is considered to ensure fairness.
  • Age and Health: The age and health of both spouses can impact the duration and amount of maintenance.

Payments can be structured as either a lump sum referred to as a capitalised lump sum or ongoing periodic payments. The duration of payments varies and may be fixed term or open-ended. However, the consent order would need to allow for extendable spousal maintenance, and this again is where Fair Results negotiating skills would be utilised for you.  It is also necessary to understand capitalised lump sum payments are reduced in financial value as against monthly payments, to reflect the fact the recipient is getting all the spousal maintenance payments in one lump sum. They can then invest this over time or utilise it immediately to help with for example the purchase of a new home.

Common Misconceptions

There are several misconceptions about spousal maintenance that need addressing:

  • Maintenance is Guaranteed: Spousal maintenance is not automatically awarded in every divorce case; it depends on the specific circumstances.
  • Men Never Receive Spousal Support: Although less common, men can and do receive spousal maintenance if they are the lower-income spouse.

Can Spousal Maintenance be Changed or Stopped?

Spousal maintenance arrangements can be reviewed and changed under certain conditions:

  • Reviews and Reductions: Maintenance orders can be reviewed periodically, and changes in financial circumstances can lead to adjustments if the circumstances are deemed necessary and the original order allowed for review at a particular time.
  • Impact of Remarriage or Cohabitation: If the recipient spouse remarries or cohabits with a new partner, maintenance payments may be reduced or stopped.

Negotiation Tips

Successful negotiation requires professional advice and careful planning:

  • Seek expert advice from family law professionals, such as those at Fair Result.
  • Be realistic about financial needs and future earning capacity.
  • Consider the long-term implications of the maintenance arrangement.

Fair Result offers fixed-fee divorce services to help you navigate the complexities of spousal maintenance and achieve a fair financial settlement.

If you need expert advice on financial settlements and spousal maintenance, get in touch with Fair Result. Our fixed-fee services ensure you have the support and guidance you need through your divorce. Visit https://fair-result.co.uk/ for a free no obligation discussion to see how our team can help you negotiate your UK divorce law spousal support.

Get in Touch

Call us at 07 500 933 818 or 0333 577 7009

Email peter@fair-result.co.uk or chris@fair-result.co.uk

Read more articles by Chris Sweetman.

About Chris Sweetman

Chris Sweetman is an independent family solicitor and director of Fair Result – An award-winning law office who pride themselves on using innovative ways to help clients through the stress and complications of a marriage breakdown.

Chris can be contacted on 07500933818 or via email chris@fair-result.co.uk.

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High-Profile Divorces: Putting Children's Interests First.
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High-Profile Divorces: Putting Children’s Interests First

Published on
Chris Sweetman
Chris Sweetman,
Director
Fair Results

In the world of celebrity divorces, the headlines are often filled with drama, intrigue, and sensationalism. Recently, the media has been buzzing about the divorce of Sophie Turner and Joe Jonas, with the spotlight shining brightly on their high-profile breakup. While the public’s fascination with such cases is understandable, it’s crucial to remember the real people at the heart of these stories: the children.

Today, Chris Sweetman, Director at Fair Result, responds to the Daily Mail’s latest article and aptly points out, “They should both realise the children’s interests come first and focus on that rather than showboating for the world’s press to score points off each other.”

In the midst of their separation, Joe filed for divorce in Florida in early September, aiming to ensure the case is heard under Florida state law, which favours equal time-sharing arrangements for parents in child custody cases. However, this move has ignited a broader conversation about the challenges high-profile divorces pose for children. But what should celebrities be looking out for?

Prioritising Children’s Wellbeing

Divorce is undoubtedly challenging, and it becomes even more complex when it’s played out in the public eye. Children caught in the midst of a high-profile divorce can face unique and sometimes overwhelming challenges. It’s essential for both parents to remember that their primary responsibility is to safeguard the emotional and psychological wellbeing of their children.

Private Matters, Public Impact

While celebrities may be accustomed to living their lives in the public eye, the impact of a high-profile divorce on children remains the same. Constant media scrutiny, public opinion, and the potential for one-upmanship in the press can add tremendous stress to an already difficult situation. Shielding children from this unnecessary exposure should be a top priority.

The Role of Mediation

In high-profile divorces, involving a skilled mediator can be a game-changer. Mediation offers a confidential and structured environment where both parties can discuss issues related to their divorce, including child custody and support, without the added pressure of public scrutiny. It promotes cooperation and problem-solving, which ultimately benefits the children.

Final Thoughts

In the midst of the Sophie Turner and Joe Jonas saga and similar high-profile divorces, it’s essential to remember the children’s interests. Sophie’s determination to protect her children’s connection to the UK is understandable. Her life and work are here, and the girls have a foundation in the UK. Joe should return their passports, allowing the children to settle into a life both parents once believed was best for them.

The path forward should prioritise co-parenting, with options for school holidays and visits in the United States. Recent developments indicate a temporary ceasefire, with both parents agreeing to keep their children in New York State for now.

The bitterness surrounding this situation has led many to rally behind Sophie, as women, in particular, speak out in her favour. It’s a powerful reminder that, in high-profile divorces, the court of public opinion often leans toward protecting the wellbeing of the children involved.

Amidst the turmoil, it’s essential for Joe and Sophie to remember that their daughters’ happiness and security should guide their decisions, not the desire to win a public relations battle. For the sake of their daughters,’ it’s time to prioritise co-parenting, cooperation, and their best interests.

While the media may continue to sensationalise these stories, it’s crucial for parents and society at large to continue to emphasise the wellbeing of the children involved. Remember, we must put the children first and avoid using divorce proceedings as a public spectacle for personal gain.

Read more articles by Chris Sweetman.

About Chris Sweetman

Chris Sweetman is an independent family solicitor and director of Fair Result – An award-winning law office who pride themselves on using innovative ways to help clients through the stress and complications of a marriage break down.

Chris can be contacted on 07500933818 or via email chris@fair-result.co.uk.

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Step-by-Step Process to No-Fault Divorce in the UK
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Step-By-Step Guide to No-Fault Divorce in the UK

Published on
Chris Sweetman
Chris Sweetman
Director
Fair Results

A No-Fault Divorce is a legal procedure that enables a married couple to end their union without having to establish that one partner was at fault for the marriage’s dissolution. Therefore, neither spouse is required to present proof of infidelity, abandonment, or any other type of marital impropriety.

Understanding the no-fault divorce procedure is important for a number of reasons. For starters, it can dramatically minimise the mental stress and turmoil that is sometimes associated with divorce processes. Couples can focus on addressing issues without having to assign blame. Secondly, it can speed up the divorce process by eliminating the need for long investigations or trials to determine fault. Finally, it allows spouses to keep a sense of discretion regarding the reasons for their divorce, which can benefit all parties involved, particularly children.

Understanding No-Fault Divorce

A no-fault divorce is one in which neither spouse is legally obliged to show that the other is to blame for the dissolution of the marriage. Contrast this with a fault-based divorce, when one side is blamed for bad behaviour like infidelity or abuse. In a no-fault divorce, the couple just needs to say that their union has irretrievably fallen apart and leave it at that.

No-fault divorce, in the history of British family law, is a relatively new idea – coming into effect on 6th April 2022. Societal developments and shifting attitudes regarding marriage resulted in adjustments to divorce laws.

There are various advantages to a no-fault divorce:

  • Reduced Conflict: Not having to prove fault decreases conflict and stress between the parties, which is especially advantageous when children are involved.
  • Faster Procedure: Because there is no requirement for investigations or proof of fault, the divorce process can be expedited.
  • Privacy: Couples can keep their divorce grounds private, which can be less detrimental to their reputations and personal lives.
  • Emotional Well-being: The lessened conflict and accelerated process can benefit both parties and the emotional well-being of any children involved.

Eligibility Criteria

Before you petition for a no-fault divorce in the United Kingdom, you must first grasp the eligibility requirements. This section will walk you through the steps necessary to proceed with a no-fault divorce.

Residency Requirements

In order to petition for divorce in the United Kingdom, at least one spouse must be:

  • Resident in England or Wales, or
  • Domiciled in England or Wales if you are living abroad.

Duration of Marriage

Before you may apply for a divorce in the UK, you must have been married for at least one year.

Mutual Agreement

While mutual consent is not required for no-fault divorce, it can make the process go more smoothly. It might speed up the procedure if both parties agree that the marriage has irreparably broken down.

Grounds for No-Fault Divorce

The sole foundation for a no-fault divorce is that the marriage has irretrievably broken down. However, you are not required to present proof of any misconduct. It is sufficient to indicate that you and your spouse have disagreements that cannot be resolved.

Preparing for the Divorce Process

It is critical to be well-prepared before beginning the process of filing for a no-fault divorce. This section will walk you through the measures you should take to prepare for divorce.

Gathering Necessary Documents

Begin by gathering all of the paperwork you will require during the divorce procedure. These are some examples:

  • Marriage certificate
  • Financial documents (bank statements, tax returns, etc.)
  • Property deeds and mortgage statements
  • Documents related to any debts
  • Pension statements

Seeking Legal Advice

Even in a no-fault divorce, it is important to get legal counsel. A solicitor can assist you in navigating the process, advising you on your rights, and negotiating divorce financial settlements and child custody agreements.

Understanding the Financial Implications

Divorce can have a big impact on your finances. It’s crucial to:

  • Analyse your present financial status.
  • Recognise the costs associated with the divorce procedure.
  • Think about how your debts and assets will be allocated.
  • Make financial preparations for life after divorce.

Considering the Impact on Children and Family

If you have any children, their welfare should be your first priority. Think about how you can lessen the effect of the divorce on them. This can include:

  • Discussing the divorce with your children in an age-appropriate way
  • Making plans for their future residence
  • Ensuring that both parents are available to them
  • Taking into account their emotional needs and, if necessary, seeking counselling

Setting Realistic Expectations

Setting reasonable expectations for the divorce process is critical. Recognise that it can be both time-consuming and emotionally draining. Prepare to negotiate and potentially make compromises.

Creating a Support System

Having a support network in place can be quite beneficial during the divorce process. This could include:

  • Friends and family
  • Support groups
  • Counselling or therapy
  • Legal and financial advisors

Step-by-Step Guide to Filing for No-Fault Divorce

When you are ready, you can begin the process of filing for a no-fault divorce. Here is the divorce process flowchart & a step-by-step guide:

The Divorce Process, Step-by-Step
Divorce process breakdown flowchart.

Step 1: Preliminary Considerations and Preparations

Before filing, make sure you’ve thought about the consequences and are prepared, as outlined in the ‘Preparing for the Divorce Process’ section.

Step 2: Filing the Divorce Application

The ‘petitioner’ is the one who initiates the divorce. The petitioner must fill out a D8 divorce application form, which can be done online or by mail. You will state that the marriage has irretrievably broken down in a no-fault divorce.

Step 3: Serving the Divorce Papers to the Other Party

The other spouse, referred to as the “respondent,” must be served with the divorce papers after the application has been submitted. A copy of the application and a response form will be sent to them.

Step 4: Responding to the Divorce Application

Eight days are given for the respondent to respond to the divorce petition. They can accept the divorce or they can object to it. If they concur, the divorce is regarded as uncontested. If they can’t agree, it will be a defended divorce, which might make things more difficult.

Step 5: Negotiating Settlements and Agreements

Financial settlements, property division, and, if applicable, child custody and support, must all be agreed upon by both parties. You can accomplish this through mediation or a lawyer.

Step 6: Applying for the Decree Nisi

The petitioner may submit a decree nisi application after agreements have been reached. According to this document, there is no legal reason why you can’t get a divorce.

Step 7: Applying for the Decree Absolute

The petitioner may apply for the decree absolute six weeks after receiving the decree nisi. The marriage has been legally ended by this document. The divorce is finalised after this is granted.

Note: Attending Court Hearings (if necessary)

You might need to appear in court proceedings if the divorce is disputed or if there are problems that cannot be settled through discussion.

Post-Divorce Considerations

After the divorce is official, there are a number of things to think about and actions to take to begin your new life successfully.

Financial Planning After Divorce

Following a divorce, your financial circumstances may drastically change. It is critical to:

  • Make a fresh budget that matches your current income and expenses.
  • Bank accounts, insurance policies, and other financial products should all be updated.
  • Consider consulting with a financial professional for advice on managing finances after a divorce.

Co-Parenting Arrangements

Co-parenting will be a significant part of your life after divorce if you have children. Here are some tips for successful co-parenting:

  • Discuss the children with your ex-spouse in an open and courteous manner.
  • Keep the best interests of the children in mind.
  • Be adaptable and willing to make concessions on timing and other difficulties.
  • Consider using co-parenting applications to organise schedules, communicate, and share child information.

Updating Legal Documents

After divorce, it’s important to amend legal documents, including:

  • Your will
  • Beneficiaries on insurance policies and retirement accounts
  • Emergency contacts
  • Any powers of attorney

Focusing on Personal Growth & Wellbeing

Make the most of this period by focusing on personal development and restoring your life.

  • Setting new goals for your career, personal life, and hobbies is one example.
  • Participating in activities that provide you joy and fulfilment.
  • Consider counselling or therapy to help you go through your emotions.

How Can Fair-Result Help you Deal with a No-Fault Divorce?

Overall, divorce proceedings are complex, covering legal procedures, emotional well-being, and huge life changes. Individuals can manage this shift more smoothly if they focus on preparation, knowledge, and support. It is critical to approach the process with clarity and to seek the resources and assistance that are required.

And having the correct assistance and guidance is critical as you negotiate the difficulties of no-fault divorce. Fair-Result is here to help you get through this difficult period. So, if you require legal or financial assistance, feel free to contact our team.

More articles by Chris Sweetman.

About Chris Sweetman

Chris Sweetman is an independent family solicitor and director of Fair Result – An award-winning law office who pride themselves on using innovative ways to help clients through the stress and complications of a marriage break down.

Chris can be contacted on 07500933818 or via email chris@fair-result.co.uk.

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A Guide to Financial Settlement in Divorce
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A Guide To Financial Settlement In Divorce

Published on
Chris Sweetman
Chris Sweetman
Director
Fair Results

One of the core parts of the divorce process is agreeing on a financial settlement. Especially now, with the introduction of no-fault divorce, it has become more straightforward to get divorced than ever.

However, you don’t want to be caught off guard by the future repercussions of a DIY divorce. Securing your financial future should be one of the main goals of any divorce. That’s why we’ve prepared a guide on the financial settlement.

In this article, Christ Sweetman from Fair Result is going to cover:

  • What is financial settlement?
  • What is included in the financial settlement?
  • How is child maintenance solved?
  • How can you prepare for the financial settlement?
  • Can you reach a financial settlement by yourself?
  • How does the court decide whether the settlement is fair?

What is financial settlement?

In simple terms, a financial settlement in divorce is an agreement between you and your ex-spouse on how to divide financial assets after the dissolution of your marriage or civil partnership.

The settlement can be decided on during any point of the divorce proceedings/civil partnership dissolution. Nevertheless, we would recommend signing a consent order before applying for the Final Order (formerly known as Decree Absolute).

The court usually isn’t involved until the legally binding consent order is signed – stating that both parties agree with the terms. Once the order is drafted & agreed upon, the court needs to approve it. Although, there may be exceptions when divorcees can’t agree between themselves, and the court will be required to intervene.

What is included in the financial settlement?

Matrimonial assets (financial assets acquired during the marriage) are divided as fairly as possible – the starting point of the negotiations is usually 50/50. Whilst non-matrimonial assets (financial assets acquired before the marriage) can be protected by a pre-nuptial agreement and may not get shared.

The financial settlement can include:

  • Money (investments, insurance policies, savings)
  • Property (houses, apartments, rental properties, and holiday homes)
  • Child maintenance
  • Household contents
  • Cars
  • Pension funds
  • Business interests
  • Personal items (over £500)
  • Debts, loans, and credit cards

Moreover, stay vary of the division of mortgages and debt that were accumulated throughout the marriage (otherwise known as matrimonial debt). Since matrimonial debt can be split between both parties as long as the loan was taken out for the benefit of both spouses.

How is child maintenance solved?

In its essence, both parents are legally required to support their children financially. Usually, the parent who doesn’t have regular care of the children – must pay child maintenance.

The maintenance must be paid if a child is:

  • under 16 years old
  • under 20 years old but in full-time non-advanced education (e.g., A-levels)
  • 16-17 years old, no longer in full-time education but has registered for work/training with a careers service.

An agreement can be reached between the spouses regarding children. Alternatively, the Child Maintenance Services can work out child maintenance instead. They will determine how much money needs to be paid to the parent whom the children live with. The decision is mainly based on income & financial commitments.

Additionally, if the spouse that needs to pay maintenance doesn’t live in the UK – an application can be made to the court for a child maintenance order.

How can you prepare for the financial settlement?

The best thing you can do to prepare for a financial settlement is to sort out your personal finances. As well as, roughly agreeing with your ex-spouse who continues to pay the bills and who gets what assets.

If you have any joint bank accounts, matrimonial debt, or credit cards – contact your provider as soon as you can to let them know you’re going through a divorce. Also, make sure your salary or benefits go to a separate account that’s only in your name.

In cases where you can’t trust your ex to not spend money from a joint account, you can freeze your bank cards.

Furthermore, it’s important to evaluate your current finances as an individual and a couple. Make sure to take note of: what you own; how much you owe to each other; what a potential split in assets would look like. Lastly, you should figure out how will the pensions be split.

Can you reach a financial settlement by yourself?

If you’re living in England or Wales – reaching a financial settlement in divorce by yourself is an option. This would come in a form of the consent order, which is a legally binding document that outlines the division of assets & child maintenance.

Once the order is drafted & signed, you’ll need to send copies to the court asking for final approval. This costs £53. Although, to guarantee that your consent order is legally binding you should hire a solicitor.

It’s not recommended to draft your own consent order under normal circumstances. But it’s especially important to hire a solicitor if your financial situation is complex (e.g., you’ve multiple business or property assets), you’ve been married for a long period, or communication has broken down between you and your ex.

Reaching a consent order outside the court can not only speed up your divorce process but also reduce costs. As long as the court thinks the order is fair – it will get approved without any additional court hearings.

How does the court decide whether the settlement is fair?

The court follows the guidelines set out in section 25 of the Matrimonial Causes Act to rule on the division of assets. These include:

  • Existing and future financial assets – the considerations begin with complete financial asset disclosure by both parties. Then the existing assets are evaluated, including how earning potential may change in the future.
  • Current and future financial needs – similarly to future potential earnings, the court evaluates the financial needs of both spouses. Fundamentally, the court looks at moving/re-housing costs and which party will be the primary caretaker of the children. Both parties will also be asked to provide estimated expenses to help with the ruling.
  • Standard of living before the divorce – the court tries to sustain the same standards of living, as before the divorce, for both parties. Although, this is rarely achievable, and a more likely scenario is that both spouses’ standard of living falls.
  • The age of the spouses & marriage duration – in situations where the marriage is short, financial contributions made before the marriage become more important. Whilst if the marriage is long and both spouses are older earning potential, childcare, and pensions suddenly become more important.
  • Spouses’ physical and mental health – this isn’t a common factor during considerations. But when it’s applicable the court will ask for a medical professional to provide evidence.
  • Contributions made for the benefit of the family – this tends to be a highly contested point during the financial settlement. As the Matrimonial Causes Act outlines any contributions made to looking after the home or caring for the family count. So, for example, if one spouse works, while the other takes care of the children – they would be considered equal contributors. On the other hand, things can get more complicated if one spouse brought in high-value assets into the marriage, received an inheritance, or accumulated substantial wealth after separation. In cases like these, the court will consider additional factors.

Final thoughts

Overall, having a signed and approved consent order is the first step you need to take to secure your financial future after divorce. To ensure that you won’t face any negative repercussions after the divorce – hiring a solicitor, to help you with your financial settlement, could be your best choice.

Click here for more articles from Fair Results

About Chris Sweetman

Chris Sweetman is an independent family solicitor and director of Fair Result – An award-winning law office who pride themselves on using innovative ways to help clients through the stress and complications of a marriage break down.

Chris can be contacted on 07500933818 or via email chris@fair-result.co.uk.

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How Long Does It Take to Get Divorced and Where Do I Start?
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How Long Does It Take to Get Divorced and Where Do I Start?

Published on
Chris Sweetman
Chris Sweetman
Director
Fair Results

When considering divorce the first question people often ask themselves is “how long will it take and where do I start?”

Whilst this will most likely be one of the most stressful periods of your life, with very sensible and practical considerations, you can begin a new, and much happier chapter in your life.

In today’s article, Chris Sweetman will be answering those questions and helping you understand how to initiate divorce proceedings.

No-Fault Divorce and the impact on the divorce process

Since April 2022, the whole idea of blame has been removed from divorce. Unreasonable behaviour, length of separation and adultery are all things in the past of acrimonious divorces.

Now, the process has been made much simpler so the separating parties can focus on the most important part of the divorce, including sorting out the finances and ensuring any children are still the number one focus between separating parents.

So now blame has gone, the new process allows for both parties to agree that the marriage has broken down and apply jointly for the divorce – you can still make a solo application if you want, but the new process allows for both.

Whether you apply jointly or individually, the time scales for the divorce process is the same – which takes a minimum of 26 weeks from the date of application to the final order being granted by the court service and your marriage being formally dissolved.

What is the process for divorce?

The process starts with an application, now done online, to the HMCTS Court Service portal. The court receives the application and then issues a notice to the parties for them to acknowledge the divorce process has been commenced.

Once the court is satisfied and both parties are aware the divorce has been applied for, the case must go into a 20-week holding period before a conditional order can be applied for. The thinking behind this is to give the couple one last chance to have a period to reflect on whether they do want to finally end the marriage. In all my years of being involved with the law, I have never come across a couple who in this holding period (in the new regime or previously between Nisi and Absolute) who decide they have fallen back in love again and decide to pull out of the divorce process – but the option is there at this stage.

This 20-week period should be used to effectively sort out financial arrangements and plans for the children. In simple cases, this timetable can often be kept to, but where family finances are a little more complicated and need further investigation, the timetable may slip until all matters are fully resolved.

From experience, the newly drafted divorce process should have been firmer when changing the law last year and say this 20-week period is fixed and all divorces must be concluded within the timetable. My thinking for this is that the flexibility on this period still allows lawyers to drag their feet which only has the impact of driving up costs for clients.

My preference would have been for family finances to have been resolved and then the divorce applied for. Focus the lawyers on resolving the finances quickly and efficiently and then proceed with the divorce.

Once the 20-week period has elapsed, the parties can apply for the conditional, order of divorce which is the beginning of the end road to divorce. The conditional order is granted by the court service and then another 6-week holding period is entered into before the Final order can be applied for dissolving the marriage.

Once the Final order is issued by the court and again this can be applied for online, the marriage is over, and parties are free to get on with the rest of their lives however they wish to.

Final thoughts

So now you know the process of a divorce and the steps you need to take.

You can certainly apply for a divorce yourself – it’s a relatively straightforward process online. But what you need to do, is take some expert advice about the implications of divorce on your children and the division of your marital finances. The divorce process is simple, sorting out life’s complications’ can be more difficult.

Ensure all issues surrounding the division of finances are sorted before the Final Order for divorce is granted, as once this is granted resolving the distribution of marital assets can be more complicated.

Do not forget to talk to an independent lawyer who can provide you with expert advice on all your rights, as they can provide you with guidance on the way the law looks to distribute financial assets and how the court would look to deal with disputed plans for the children.

Most importantly, work with your ex-partner to resolve all matters as amicably as possible – as it will save both parties time, money, and heartache.

Work with your ex-partners lawyers if they have them in a collaborative way to avoid stress and conflict. And be realistic about what you want to achieve in the whole divorce process.

Click here for more articles from Fair Results

About Chris Sweetman

Chris Sweetman is an independent family solicitor and director of Fair Result – An award-winning law office who pride themselves on using innovative ways to help clients through the stress and complications of a marriage break down.

Chris can be contacted on 07500933818 or via email chris@fair-result.co.uk.

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Divorce Firm Launches WhatsApp Service
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The UK’s MOST Innovative Divorce Firm Launches WhatsApp Service and Promises 24/7 Communication for Clients

Published on
Chris Sweetman
Chris Sweetman,
Director
Fair Results

Lack of communication is a common criticism on Reddit( r/divorce subreddit )from clients dealing with divorce lawyers, and they can often be left feeling in the dark and let down. Clients can often find that they can’t get in touch with their solicitor at a time that is convenient for them, certain costs are kept hidden and often not given a clear answer to their questions or concern. This can often result in unnecessary delays.

u/shouldievenbehere2 on the Divorce subreddit Reddit posted “My lawyer missed an email and realized 2 weeks later. Now when she sent the draft to me, I told her it’s fine to send back (on the same day) so they can send it on DocuSign asap. It’s been 3 days and my lawyer still hasn’t responded to me or replied to opposing counsel. I’m at my wits end, she has been very inconsistent with her communication throughout this whole process and now when things are coming to an end and there’s literally the easiest task to do she does not respond.”

Fair Result is looking to completely change this by creating a WhatsApp service unique to their client’s case, ensuring 24/7 access with a promise of same-day responses.

Our constant aim is to speed up divorce negotiations, create certainty with fees and ensure parties and clients engaging with the solicitors in divorce and final settlement hearings receive an effective clear and transparent service from the lawyers they engage to deal with their case.

Find out more about our WhatsApp service here

Click here for more articles from Fair Results

About Chris Sweetman

Chris Sweetman, Director of Fair Results, an authorised and regulated solicitor with the Solicitors Regulation Authority.

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The UK's Most Innovative Divorce Firm Scoop Second Award This Month
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The UK’s Most Innovative Divorce Firm Scoops Second Award

Published on
Chris Sweetman
Chris Sweetman,
Director
Fair Results

Fixed fee divorce firm Fair Result has been recognised as the Best Divorce and Financial Settlement Company by Acquisition International and The World Finance Awards.

This is their second award obtained in June, they were also recently awarded by SME Legal News as the UK’s Most innovative Divorce and Family Law Firm.

The World Finance Awards chose their winners last week. The awards have been shining a light on achievements within the finance industry since 2013, they welcome nominations from all areas of the finance industry to guarantee that the most deserving walk away with one of their respected awards.

Chris Sweetman, Director of Fair Result Commented:

“We are ecstatic about our recent achievements, our primary objective at Fair Result is to be completely unique and help our clients to reach a fair and equitable financial settlement, whilst reducing the stress and unexpected costs that can arise during the divorce process. Being recognised twice in such a short space of time conveys that our unique approach is successfully challenging the status co of the divorce process”

Find out more on Fair Result’s recent achievements here!

Fair Result Limited are divorce specialists with a totally unique offering. With over 70 years of experience in commercial negotiation, finance, and law they start at the end. With a simple approach to the divorce process, the Leicestershire-based company aim to deliver fair and equitable solutions to all parties involved.

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About Chris Sweetman

Chris Sweetman, Director of Fair Results, an authorised and regulated solicitor with the Solicitors Regulation Authority.

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important financial considerations post-divorce
Photo by Sarah Agnew on Unsplash

The 3 MOST important financial considerations post-divorce

Published on
Chris Sweetman
Chris Sweetman, Director of Fair Results

The no-fault divorce law landed recently in the UK; divorce lawyers are expecting an influx of applications now there is no requirement to place the blame on either party.

Separating from a partner could have a big impact on your finances, especially if you have relied on their income during your marriage. Innovative divorce firm Fair Result has provided us with the 3 MOST important financial considerations that need to be made following divorce.

Spousal & Child Maintenance

The first thing to consider is whether you must pay spousal maintenance or whether you will be receiving spousal maintenance; whether you pay or receive any child maintenance. This will have a very significant impact on your disposable income in the immediate aftermath of divorce and separation.

It’s important that when you embark on your new single life you take account of outgoings or income from that previous relationship as it will materially affect how you move forward. Budget Wisely.

Preparing for your future

Once you have reached your financial agreement in divorce and the consent order is signed sealed and approved by the court you are free to move on. Although, think carefully about your relationship with money after divorce, because you probably already halved your existing hard-earned savings. Divorce and financial settlements are often very expensive where one marital pot is divided into 2.

You will want to move on with life and start creating happy memories again.

If you are unsure about your relationship with money after divorce and want some advice about the possibility of a prenuptial agreement if you are considering re-marrying after divorce.

There are many things that can be looked at to give you security. For instance, a living together agreement which will set out how the new relationship will finance itself. Not exciting or even romantic at the start of any new journey but it may save you a lot of heartache and many thousands of pounds if the relationship doesn’t survive.

New Relationships

The next thing to consider is whether you’re going to embark on a new relationship and how soon the question of money should be brought up in any new relationship.

In any new relationship, the excitement and adrenaline rush of the moment where is the possibility of hope and security for the future, the question of money will always be at the back of the mind.

But how early in that relationship should you talk about money. It’s not the most appropriate question to ask on a first or second date ‘what’s your credit score?’ Conversely, if the relationship is going well, you don’t suddenly want to find out that your new partner is still paying off £50,000 of credit card bills from a previous relationship.

So, when is the right time to discuss finances? There is no hard and fast rule. Yes, at some stage you’re going to have to have that conversation with any new partner. Otherwise, you risk a potential relationship disaster – finding out about huge debts can put a serious strain on any new developing relationship.

Use your intuition to get an inkling about how compatible you and your new love are when it comes to the question of cash.

Look at the way your new partner treats you for example do you go fine dining or does he always choose a pizza joint when it’s their turn to pay. Is it cocktails in the hottest bar in town or a few beers in a quiet hideaway? Is the car the latest Hot Wheels or is your new partner driving a safe average reliable vehicle? All these things will give you some idea of your new partner’s financial position and what’s likely to be the future for you moving on.

At some stage, there will have to be a discussion of finance to establish your new relationship with money after divorce. Find a good time to talk and put your cards on the table. Be honest with your new partner and be open to your new partner’s feelings.

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About Chris Sweetman

Chris Sweetman, Director of Fair Results, an authorised and regulated solicitor with the Solicitors Regulation Authority.

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how no fault divorce work
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How will no fault divorce work?

Published on
Chris Sweetman
Chris Sweetman, Director of Fair Results

The long-awaited Act for “no-fault” divorce was passed in June 2020. It is now due to become law on 6th April 2022.

The new legislation takes away all elements of pointing the blame in divorce, which have previously caused so much polarisation between couples and often leads to children becoming pawns in the middle.

Couples will be able to apply for divorce jointly and they can simply say the relationship has failed without holding either party responsible.

There will be a minimum of 20 weeks between application and divorce becoming final.

Changes in Divorce Processes

The Divorce Process will be faster, and it is hoped all matters will be resolved in a 20-week period, unlike now, where the financial settlement on divorce can often take over 12 months to sort out.

Couples going through separation need the process to be quickened so they can move on with their lives. Too often we hear stories of people still being embroiled in an acrimonious court case months after the couple first separated. The new no-fault process is designed to speed up the divorce, take away blame, and get the whole process resolved much quicker

This timeframe of 20 weeks has been introduced to counter concerns – that the reforms will make divorce a quicker and easier option for couples, than trying to save their marriage.

This ‘period of reflection’ will give couples an opportunity to reflect and work through their differences before committing to a divorce. It will also hopefully give the couples the chance to get all the ancillary matters, children, and finances within this time frame to give couples certainty moving forward.

The new process will still have two stages – conditional offer and final order. Although, there is the possibility of a separation agreement – a written agreement outlining the terms of the separation. A separation agreement will not end the marriage, but it can enable both people to agree on the terms of the separation.

Does the no-fault divorce go far enough? 

Yes, it will take away the blame which should reduce some of the tension, but the financial settlement is still a little nebulous. Judges still have very wide discretion as to how they divide marital assets

We believe new rules need introducing to clarify the courts’ approach to the division of assets.

Since there are no fixed rules, it’s very difficult to advise a client with absolute certainty what a final consent order may look like. This can sometimes lead to parties not wanting to reach an agreement especially if one or both is particularly litigious”

How would we change things?

Baroness Ruth Deech in the House of Lords is championing the idea of reform. Her Divorce (Financial Provision) Bill, proposes the following:

  • Making the starting point for the division of assets on divorce, a 50/50 split of the net value of the matrimonial assets acquired during the marriage. Courts could then consider several factors, including:
    • Any agreement between the parties about ownership of specific property
    • Dissipation of assets
    • The needs of children
  • Assets acquired before the marriage would be excluded
  • Inheritances during the marriage would be ring-fenced unless the needs of one party justified including them in any division
  • Maintenance would only be payable for five years
  • Statutory recognition of pre and postnuptial agreements

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About Chris Sweetman

Chris Sweetman, Director of Fair Results, an authorised and regulated solicitor with the Solicitors Regulation Authority.

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How to divorce on the grounds of unreasonable behaviour?

How to divorce on the grounds of unreasonable behaviour?

Published on
Chris Sweetman
Chris Sweetman, Director of Fair Results

Unreasonable behaviour is one of the 5 grounds for divorce used in the United Kingdom.

It is the most common by far – close to 50% of all divorce applications are filed on the grounds of unreasonable behaviour.

Even though, it’s used the most – it arguably has the biggest drawbacks to the individuals divorcing.

Unfortunately, not much will change until no-fault divorce is fully introduced and enforced. Until then, all we can do is understand how to handle divorcing on the grounds of unreasonable behaviour with the least number of downsides.

What are the Grounds of Unreasonable Behaviour?

Most individuals filing for divorce themselves, get very frustrated with proving what is considered unreasonable behaviour by court. In the nutshell, unreasonable behaviour is anything one part condemns as an ‘unreasonable’ action by the other party.

The most common examples of unreasonable behaviour, include:

  • Family Disputes
  • Domestic Abuse
  • Financial Troubles
  • Inappropriate Relations with Other People
  • Verbal Abuse
  • Emotional Abuse
  • Lack of Support
  • Excessive Drinking
  • Lack of Socialising
  • Excessive Habits

In most cases, we would advise pointing out 3-5 examples of unreasonable behaviour in the divorce application. It’s important to note, that involving children or financial assets tend to not work too well, purely because these accusations usually provoke a strong reaction from the other party.

The quickest and most straightforward way of approaching this is sticking to less severe examples of unreasonable behaviour, for example: your partner being too argumentative or that there is lack of intimacy in the marriage.

Although, every case is different and some of this advice may not apply to you – the best step you can take is enquiring a divorce solicitor to guarantee the divorce application and process goes as smooth as it possibly can.

How to prove unreasonable behaviour?

Important note to keep in mind, unreasonable behaviour is the most used ground in divorce proceedings, but it is also the easiest to get wrong while doing it yourself. To start, the party applying for the divorce should provide the court with 3-5 examples of unreasonable behaviour and how did that behaviour affect them directly.

The logic to follow in court:

The opposite party has done ‘x, y, z’ which affected me in ‘x, y, z’ ways, so I cannot reasonably be expected to continue living with this person.

The court’s challenge is to see if, from a reasonable person’s perspective, the party that applied for divorce would not be expected to live with the opposite party.

Furthermore, most divorces tend to be uncontested, which I turn means that proving unreasonable behaviour is not an issue and the proceedings can continue smoothly. Although, if the divorce application is contested the court must examine to what extent do the ‘unreasonable behaviour’ examples are reasonable or unreasonable.

If challenged, court’s decision is determined by these 3 steps:

  • Analysing what the ‘accused’ person did
  • Looking at the behaviour before one of the parties applied for divorce
  • Assessing these 2 factors and the evidence at hand

Taking all of this into account, court makes the decision to what extent are the two parties expected to live with each other.

Note: When submitting a divorce application, there should be no more than 6-months before the last instance of ‘unreasonable behaviour’.

What are the issues with proving unreasonable behaviour?

First and foremost, filling for divorce under the grounds of unreasonable behaviour tends to end-up with ‘pointing the blame’. In turn, this leads to personal relationships breaking down, additional stress, and emotional strain on the divorcees.

It may not always be an issue, but in many cases, divorcees must keep co-parenting in mind and after putting the blame onto each other. Unfortunately, after going through this, it proves hard to maintain a healthy co-parenting relationship.

Secondly, unreasonable behaviour tends to be quite subjective and, if contested, it highly depends on how each of the examples are argued for and proven in front of the court.

The divorce case can get even more complicated, if the children are still living with their parents, since court puts wellbeing of the children as the priority, and if there are financial assets involved (it is usually a good idea to get a divorce financial settlement before proceeding to court).

How long does divorce takes on the grounds of unreasonable behaviour?

In most cases, divorce on the grounds of unreasonable behaviour takes around 6-12 months. It’s important to keep in mind, that courts are facing significant delays due to Covid-19.

Otherwise, the main thing that affects the length of the divorce is whether it’s contested and if the court accepts the examples of unreasonable behaviour. The divorce process can be prolonged even further, if the two parties struggle to achieve fair decisions regarding children, finances, and assets.

Key Takeaways

  • It’s important to determine that the examples of unreasonable behaviour are applicable and well justified, to be accepted by court.
  • Divorce on the grounds of unreasonable behaviour can take at least 6-12 months.
  • Even though, filing for divorce under grounds of unreasonable behaviour is the most popular choice, you should keep in mind that it’s the trickiest.
  • Don’t do it yourself. It’s always a wise solution, to talk with a solicitor first.

Click here for more articles from Fair Results

About Chris Sweetman

Chris Sweetman, Director of Fair Results, an authorised and regulated solicitor with the Solicitors Regulation Authority.

You might be interested in