Ann Corrigan

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What are the Grounds for Divorce in the UK?

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Ann Corrigan
Ann Corrigan founder of Clarity Family Law

The Divorce Magazine spoke with Ann Corrigan of Clarity Family Law  with the aim to answer one of the most common question around divorce – “What are the ground for divorce in the UK?”

She answered questions such as:

  • What are the grounds for divorce in the UK
  • There are 5 grounds for divorce in the UK, what are they?
  • What really does irretrievable breakdown or marriage mean?
  • What constitutes unreasonable behaviour as grounds for divorce?
  • Is an emotional affair admissible as grounds for divorce?
  • Children of divorce, where do they come in?
  • What are the issues surrounding child custody in the UK? What are the child custody laws?
  • Can I get full child custody after divorce?
  • How to get divorced once you establish the grounds for divorce?
  • How can I handle the first stages of divorce?

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Divorce UK – Do Grandparents Have Rights?

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Ann Corrigan
Ann Corrigan founder of Clarity Family Law

When it comes to divorce in the UK, do grandparents have rights?  If so what are they?

Having a close relationship with your grandchildren is one of the joys of growing older.

But even the closest relationship between grandparent and child can come to an abrupt end if the child’s parents get divorced and one parent decides to cut all contact with his or her in-laws.

Unfortunately, the grandparents, unless the child has been living with them for three years has no automatic right to see or have contact with their grandchildren under UK law.

This situation is one I often have to deal with and can leave grandparents and the children devastated.

The Grandparents’ Association estimates that more than 1 million children in the UK do not have contact with their grandparents.

So, is there anything the grandparents can do?

The first thing I’d say is that it’s always better to try and resolve the situation by appealing to the parent to allow you to see the children or to offer to take part in a mediation process.

A solution reached in this way is not only less expensive and quicker than a lengthy Court process, but likely to be far less disruptive for the family and especially the children involved, and cause less animosity for the future.

However, if this doesn’t work – there is another way.

Even though your rights as a grandparent are limited, you can apply for permission (or leave) to apply for a Child Arrangements Order.

Do Grandparents have Rights?
…more than 1 million children in the UK do not have contact with their grandparents

If permission is granted, you can then apply for an order. If either parent objects to this, though, you’ll have to attend a full hearing and will need expert legal representation.

During the hearing the Court will consider the following factors:

  • why the application is being made
  • how close you are to the child
  • whether there is any risk that the proposed contact could have any negative effect on the child’s wellbeing in any way.

You basically have to persuade the Court that you have a strong, ongoing and beneficial relationship with your grandchildren.

What is a Child Arrangements Order?

The Child Arrangements Order will set out whether the grandparents have been granted face-to-face visits or indirect contact, such as letters, video, text, Skype, e-mails and telephone calls.

I should say that the family Court does recognise how important it is for children to have contact with their grandparents and it is therefore not common for the Court to refuse a contact order unless there is a risk of harm to the children.

What if the parent does not obey the order?

Fortunately this doesn’t happen very often, but the Court can enforce an order if not obeyed by the child’s parents.

It’s always advisable to try to resolve any issues in an amicable way that is least disruptive to the child and to obtain legal advice at an early stage to ensure you don’t make matters worse.

When to face-to-face contact is not possible:

There are situations when the Court may only allow grandparents indirect contract and although this is obviously not ideal, it does at least offer you an opportunity to continue a relationship with your grandchildren.

In this situation, I always advise clients to try to establish a regular routine – for example getting in touch at the same time every week or month – so that the contact becomes a regular and expected part of the child’s life.

About Ann

Ann Corrigan is founder of Clarity Family Law, a specialist family law firm in Gerrards Cross, Buckinghamshire, offering discreet, expert advice on all aspects of divorce, including the division of high value assets, children disputes and issues surrounding unmarried families.

Follow Ann on Twitter – @ClarityFamily

 

 

 

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Free Divorce Advice – What is Family Mediation?

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Ann Corrigan founder of Clarity Family Law
Ann Corrigan founder of Clarity Family Law

When coping with divorce, we’re sure you could do with all the free divorce advice that you could need.

Here’s another question answered by Ann Corrigan of Clarity Family Law

I’ve heard of family mediation.  What is it and how does it help in divorce?

With effect from April 2014 the government has made it compulsory for separating couples to attend an information and assessment meeting (MIAM) with an impartial mediator to see if the issues can be resolved without recourse to the court.

Mediators are trained to help resolve disputes over all issues faced by separating couples, or specific issues such as arrangements for any children. A mediator will meet with you and your partner together and will identify those issues you can’t agree on and help you to try and reach agreement.

Mediators are neutral and will not take sides, so they cannot give legal advice to either of you. They will usually recommend that you obtain legal advice alongside the mediation process and will guide you as to when this should happen; however, lawyer mediators (mediators who are also qualified family lawyers) will provide general legal information to both spouses within the mediation if this is appropriate.

Ann Corrigan is founder of Clarity Family Law, a specialist family law firm in Gerrards Cross, Buckinghamshire, offering discreet, expert advice on all aspects of divorce, including the division of high value assets, children disputes and issues surrounding unmarried families.

Follow Ann on Twitter – @ClarityFamily

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Free Divorce Advice – Choosing a Solicitor

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Ann Corrigan founder of Clarity Family Law
Ann Corrigan founder of Clarity Family Law

Another question answered by Ann Corrigan of Clarity Family Law.

There will be more to follow so keep a good look out.

How do go about choosing a solicitor – there are so many out there?

Don’t just opt for the first family lawyer you come across, shop around. Particularly if your case is not straightforward, look for a firm that specialises in family law – which means they only deal with family law matters and will be more experienced in dealing with these matters.

Once you’ve made that first appointment to see your solicitor, jot down a list of questions you have. Don’t be afraid if your questions seem trivial; family lawyers understand how difficult it is.

Solicitors have a duty at the beginning to give you an estimate of how long it will take and how much it will cost and also to keep you updated as the case proceeds. Make sure this happens.

Establish whether you have a rapport with the person. You’re going to spend a bit of time with the lawyer, particularly if the divorce goes to court, so ensure it’s someone who treats you with respect and empathy.

DIY divorce kits or online solutions may seem like a good idea, but beware these solutions may be offered by people who are not necessarily qualified to deal with your situation. Beware of sites that offer divorce documents at a charge as all divorce documents are available free of charge from your local court or the Court Service website.

Ann Corrigan is founder of Clarity Family Law, a specialist family law firm in Gerrards Cross, Buckinghamshire, offering discreet, expert advice on all aspects of divorce, including the division of high value assets, children disputes and issues surrounding unmarried families.

Follow Ann on Twitter – @ClarityFamily

 

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married abroad
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Free Divorce Advice – Married Abroad Divorce UK?

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Ann Corrigan founder of Clarity Family Law
Ann Corrigan founder of Clarity Family Law

We got married abroad, do we need to get divorced in the country we got married in?

No. Provided that the marriage ceremony was valid in the country in which it took place and that this is not disputed by your spouse; however, if your marriage certificate is in a foreign language, you will need to get it formally translated and provide a statement of truth or notarial certificate. The original marriage certificate and translation must be lodged at court when your petition is issued, and will not be returned to you.

 

I would like to start divorce proceedings but my husband doesn’t live in this country.  Can I still go ahead?

Yes, as long as you satisfy the criteria that give jurisdiction to the Courts of England and Wales. These tests are based on habitual residence and/or domicile, although nationality can sometimes be relevant too in more complicated situations. Ask you solicitor about this at the earliest opportunity. You may have better alternatives bringing the proceedings in a different country.

Ann Corrigan is founder of Clarity Family Law Solicitors, a specialist family law firm based in Buckinghamshire but with a national and international presence. She is also a trained mediator and collaborative lawyer.

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Parents communicate better in mediation than they do in litigation

Divorce Advice – Your Question Answered

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Ann Corrigan founder of Clarity Family Law
Ann Corrigan founder of Clarity Family Law

This is the first of a list of questions that we have for Ann Corrigan of Clarity Family Law.

There will be more to follow so keep a good look out.

If you would like a question answered then do contact us and we will get it answered for you.

I’m just about to start divorce proceedings and would really like to avoid going to court to resolve the financial issues. What would you advise?

If it’s at all possible to avoid going to court, you should because it will save you money and time and make the process a lot friendlier.

You have 3 options: Mediation, collaborative law and negotiation between solicitors.

The mediation and collaborative law options mean you are in control and set the pace. The key decisions about your future are made by you – meaning you reduce conflict from day one.

Mediation: A mediator will work impartially with you both and give you enough information so that you understand your options and can work together towards an agreed solution concerning your property, possessions, children and money.

Collaborative Law: Specialist collaborative lawyers sign an agreement (with you both) which disqualifies them from representing you in court if the process breaks down. Face to face meetings where you are each supported by your collaborative lawyer means that there is a collective incentive to reach an agreement.

About Ann Corrigan

Ann Corrigan is founder of Clarity Family Law, a specialist family law firm in Gerrards Cross, Buckinghamshire, offering discreet, expert advice on all aspects of divorce, including the division of high value assets, children disputes and issues surrounding unmarried families.

Follow Ann on Twitter – @ClarityFamily

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Is Conscious Uncoupling actually Mediation Process?

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Ann Corrigan founder of Clarity Family Law
Ann Corrigan founder of Clarity Family Law

Conscious uncoupling – a la Gwyneth Paltrow – may not just be psychobabble fashionable with offbeat celebs, but actually sits well with mediation and other ways of separating without going to court.

Using the term used by Gwyneth to announce her separation from Coldplay lead singer Chris Martin last month, could be a step in the right direction for couples looking to take the sting out of a divorce, particularly when children are involved.

Conscious uncoupling – suggests an amicable split and a desire to continue co-parenting without the anger and bitterness usually associated with divorce.

Being a qualified mediator, I think that this idea is not that far removed from family mediation – which enables the parents to take control of their own arrangements and agree on a way forward.

Legal changes coming into effect on 22nd of April – actually strengthen the requirement for separating parents to attend a family mediation information and assessment meeting before starting divorce proceedings.

Mediation is actively encouraged, because it’s seen as a ‘nicer’ way of getting divorced, for all the parties involved. It also speeds up the process considerably and is less likely to result in drawn-out court cases. Not all divorces are suitable for family mediation, though, for example if there are concerns about the ability of a parent to look after his or her children or there are complicated financial issues which one party doesn’t fully understand.

How the family mediation process works in practice – A Case Study:

Mark and Louise are a couple in their early 20s.  They have a son, Ryan who is 4 years old.

Mark and Louise never married but were together since they were both 17 years’ old.  The relationship has broken down because Mark has met someone new and has moved out of the home he shared with Louise.  Ryan continues to live with Louise and she is not allowing him to have any contact with his dad.  Mark is sure that this is because Louise is upset that Mark has a new girlfriend.

CONSCIOUS UNCOUPLING
Louise would not allow Ryan to have any contact with his dad.

Having discovered how long it will take to have the matter dealt with by the Court and how expensive it might be, Mark asks Louise to come to family mediation.  Mark has not seen Ryan for 3 months.

At first Louise is adamant that she is not being difficult and that Ryan himself is saying he does not wish to see his father.

The mediator starts by writing Ryan’s name in big letters on the flipchart for both to see.  This way, they can concentrate on the reason they are in mediation – to do what’s best for their son whom they both love dearly.

Although Louise wishes to confront Mark about how hurt she feels, the mediator brings the discussion back to Ryan and on what they both really want for him.  Various options are explored and the mediator helps Mark and Louise to see that if they can both continue to be parents to Ryan in a co-operative way, their child is bound to benefit.

Louise is unhappy at the thought of Ryan meeting Mark’s new partner and Mark agrees that he will not introduce his new girlfriend to Ryan until Louise agrees.

It is also agreed that Mark should see Ryan at his mother’s home each weekend on either a Saturday or a Sunday for a period of two months.  This way, Ryan will continue to see his paternal grandparents, which Louise agrees will be good for him as he misses them. It is also agreed that if after the two month ‘trial’ period, all is going well, Mark can have Ryan to stay overnight with a view to building up the time he spends with Ryan.

The mediator reinforces that Mark and Louise are Ryan’s parents and as such, they are the best people to make decisions concerning his welfare.

By the time they leave the first session, Mark and Louise have agreed a timetable for contact going forward and the mediator explains that this agreement will be reduced to writing in a “Memorandum of Understanding” but that if they encounter difficulties along the way, they can return to family mediation at any time.

Ann Corrigan

Follow Ann on Twitter – @ClarityFamily

@ClarityFamily

 

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What is a Pre-nup?

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Why you need a pre-nuptial agreement even if you’re not filthy rich

Ann Corrigan founder of Clarity Family Law
Ann Corrigan founder of Clarity Family Law

Nigella Lawson was glad to have entered into one before her marriage to Saatchi, whereas Dragon’s Den tycoon Duncan Bannatyne claims to have lost most of his wealth through his divorce because he hadn’t signed one before saying his vows the second time.

We’re talking pre-nups, of course. These formal pre-marital agreements are in the news again because the Law Commission is expected to propose this week that they become legally enforceable in Britain.

Ann Corrigan, specialist family lawyer and founder of Clarity Family Law in Buckinghamshire, gives the lowdown on pre-nups and explains why you should care – even if you’re not filthy rich.

 What is a pre-nup?

A pre-nup is a formal agreement/settlement entered into prior to marriage or a civil partnership.

It is used to set out who owns what at the time of the marriage and how the couple plans to divide these assets if they should split up.

Some people, including religious leaders such as Roman Catholic bishop, The Right Rev Mark Davies, argue that deciding how to separate before tying the knot undermines marriage, whereas others simply feel it’s unromantic.

what is a pre0nupHowever, the sad reality is that around 43% of marriages in the UK and Wales end in divorce and if you’re not prepared, you could find yourself in a very unenviable financial situation, as Duncan Bannatyne appears to have done.

A pre-nup is a good idea in most marriages – particularly as couples often tend to get married a bit later nowadays, which means they’re likely to have accomplished some wealth of their own by that time.

The idea of the agreement is to protect or ‘ringfence’ their individual wealth and/or any inheritances they may bring into a marriage, should they decide to separate.

It becomes even more important in the case of marriages/civil partnerships later in life or second marriages/civil partnerships where there may be children from a previous marriage or where one partner moves into the already-owned home of the other.

A pre-nup can contain more than just how to split your wealth – in the US they often contain clauses about how the couple should dress, how often they should exercise and even how often to expect sex!

Are pre-nups legally binding in the UK?

At the moment, no – and that is what the Law Commission is expected to propose next week – to make pre-nups legally enforceable.

But even now, since a landmark decision in Radmacher v Granatino, the court is likely to attach weight to such an agreement PROVIDED the following criteria are met:

  • If both parties entered into the agreement freely
  • If both understood the implications of what they were agreeing at the time
  • It is fair to hold the parties to the agreement

So, how can you make sure your pre-nup is upheld – as the law stands now

  • Obtain independent legal advice, which helps to show both parties understood the agreement.
  • Full financial disclosure (both parties should be 100% honest about what they own) to show that they were fully aware of the financial implications of the agreement
  • The agreement must be entered into freely to prevent one party alleging later that they entered into it under duress or undue influence.
  • Ensure it is realistic and fair
  • Provide for future changes – circumstances change, so most pre-nups should only be valid up until the birth of the 1st child or for up to 5 years.

This is a complex area of the law and one where taking specialist family law advice at the outset could save heartache and dire financial circumstances later on.

Ann Corrigan

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