Laurie Kershaw

Laurie joined JMW in 2019 and is a Partner in the Family team.

Laurie is the Professional Support Lawyer for the team and her role includes:

Development of processes and initiatives within the team to enable best practice and to ensure the family team deliver excellent client service.
Ensuring the family team have the knowledge and resource to work collaboratively and efficiently.
Reviewing and researching legal developments and sharing know-how with the team.
Involvement in innovation initiatives to promote operational excellence.
Content generation for press, blogs, and social media.
Laurie practised as a family lawyer at JMW prior to becoming the family team Professional Support Lawyer. She has experience across a range of family law issues including divorce, financial proceedings and arrangements for children.

Helping Children Feel They Belong During Divorce
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Helping Children Feel They Belong During Divorce

Laurie Kershaw
Laurie Kershaw

Partner in the Family Team at JMW Solicitors LLP

Laurie Kershaw, Partner in JMW’s family team, explores how parents can help children feel secure, connected and at home during separation and divorce.

“Where will I keep my things?” “Will Dad still come to my matches?” “Can I miss Mum when I’m with you?”

When parents separate, children’s questions are not always about divorce itself. Often, they are asking something more fundamental: where do I fit now?

You may be worrying about this too. Perhaps your child is living between two homes, becoming quieter at handovers or asking whether you will be lonely without them. Alongside the practical arrangements, there is an equally important task: helping them feel secure and connected.

Make reassurance specific

Tell children what you know about the coming days: who will collect them, where they will sleep and when they will next see each parent, where safe and appropriate. If something remains undecided, say so gently rather than making promises you cannot keep.

Reassure them that the separation is not their fault, and that sorting things out is an adult’s responsibility. They do not need the reasons behind the relationship breakdown or the details of financial disagreements.

These conversations need not happen all at once. Leave room for questions to emerge over time.

Help them feel at home, not like a visitor

If your child spends time in two homes, consider what makes each feel like somewhere they belong.

This does not mean matching bedrooms or expensive purchases. A drawer for their belongings, familiar bedding, or a favourite breakfast can communicate “you have a place here”.

Where practical, keep everyday essentials in both homes so that forgotten socks or schoolbooks do not become another source of tension. Let children help choose small things for their space.

Avoid competing over whose home is better. Belonging is not something either parent needs to win.

Give them permission to love both parents

A child should not feel that enjoying time with one parent betrays the other.

Where it is safe, show interest without interrogation: “Did you have a nice weekend?” is different from asking for a report on the other household. Avoid making children carry messages or overhear criticism.

If they miss their other parent, try acknowledging it: “It’s okay to miss Dad. You don’t have to hide that from me.”

Children can feel caught between their parents, and listening means making space for feelings that may differ from your own.

Protect the ordinary connections

Connection is not only about holidays and special outings. Reading together, helping with homework or untangling a friendship worry can matter just as much.

Consider which familiar routines can continue. Where appropriate, agree manageable ways to stay in touch between visits, without making calls intrusive or another obligation for the child.

Think beyond the immediate household too. Safe relationships with grandparents, siblings, friends, and other important people can provide continuity when much else is changing.

The aim is not a perfect timetable, but arrangements that make sense in your child’s everyday world.

Listen without asking them to choose

Ask open questions: “What would make moving between homes easier?” or “Is there anything you’re worried about?”

Their answer may be surprisingly practical. They might dislike packing, worry about leaving a pet, or want more time with friends.

Take their views seriously, while making clear that adults remain responsible for decisions. 

When working together is difficult

These suggestions assume that arrangements are safe. Where there is domestic abuse, intimidation, or concern about a child’s safety, cooperative parenting may not be appropriate. Seek specialist advice rather than feeling pressured to maintain contact or communicate directly at any cost. 

Even without safeguarding concerns, parents may struggle to agree. Getting advice early can help prevent uncertainty becoming an entrenched dispute.

How lawyers can help

Family lawyers help parents consider practical arrangements for their children, including living arrangements, holidays, schooling, handovers and communication. They can advise alongside mediation, help negotiate proposals and explain the options where agreement is not possible, including court proceedings where necessary. 

You do not need to arrive with a solution. A first conversation can help you understand your options and identify a constructive next step.

Your family may look different after separation. The message children need remains simple: you matter, you are heard, and you still belong.

About Laurie Kershaw

Laurie Kershaw is a Partner and Professional Support Lawyer in JMW’s Family team, based in Manchester. Laurie supports the team to deliver exceptional client service. Laurie has a particular interest in helping individuals navigate the emotional and practical complexities of divorce, alongside the legal process.

Six things to consider when thinking about divorce
Photo by Evan Dennis on Unsplash

Six things to consider when thinking about divorce

Hannah Pilling
Solicitor
JMW Solicitors

If you are reading this, the notion of foreign territory may feel all too familiar.

Plainly, nobody gets married with a view to later divorcing and the prospect of embarking on the process can sometimes feel emotionally and financially daunting. Where do you go from here?

First and foremost, the division of a family’s assets upon divorce is discretionary.

There is no ‘one size fits all’ approach and the court’s discretion is underpinned by key legal principles. Therefore, the outcome achieved by a friend or family member may be completely different to what is considered the right and appropriate outcome in your case.

Each case is considered on its own facts taking into account all of individual circumstances.

1. Legal advice

Obtaining legal advice is first on the checklist. Knowledge is key. This remains the case whether you are completely amicable or on less favourable terms with your partner.

Early advice, educating yourself on your options, possible outcomes and costs can often pave the way for constructive conversations with your ex-partner; provided they also receive legal advice.

Speaking to a solicitor does not have to mean the start of a long drawn out battle. It can actually often mean the exact opposite and can be particularly useful if you wish to have those discussions with your partner with the children in mind.

2. Financial disclosure

Whether you mediate, negotiate directly with your partner, through solicitors or with the assistance of the family court, you need to understand what is in the ‘pot’. You would not buy a car without understanding the model, mileage and risks. In the same way, a great amount of care needs to be taken when looking at the assets to ensure you are negotiating with knowledge of all of the family assets.

Those who feel they are financially in the dark or may not have organised the family finances do not need to fear. You are entitled to full and frank disclosure and to receive advice on this disclosure.

3. Family home

Leaving the family home does not change your ability to make a claim in respect of the property.

However, there can be some advantages to staying put. That said, you should not be in an unsafe environment and urgent legal advice should be sought about the various options. There are also ways of protecting your interest if your partner solely owns the property.

4. The reasons for divorce do not affect the financial settlement

As of 6th April 2022, spouses can embark on the divorce procedure without apportioning blame to either party.

Prior to this, the reasons for the breakdown of the marriage had no bearing when determining the division of the assets; except in exceptional circumstances. This remains the case. The court’s priority is reaching a fair resolution rather than punishing a party.

5. Debts

Regardless of whether the debt was taken out in your sole name or as a joint debt, if the debt was incurred for the benefit of the family, then it should be taken into account when considering the division of the family’s assets upon divorce.

The court cannot reallocate the debt to the other party but it can for instance justify an unequal share of the other assets so that it is taken into account.

6. Privacy

You should ensure you know all the passwords to your accounts.

It would be prudent to undergo a ‘security cleanse’ upon separation and change those passwords to accounts that you believe or suspect your partner may have access to. It sometimes becomes too easy to be tempted to look at your spouse’s accounts when emotions and/or curiosity is heightened.

You have a right to privacy and to invade this privacy can have serious consequences.

Finally, there is never a right time to ‘divorce’ nor is there a benchmark to having a ‘good’ divorce. Equipping yourself with knowledge and support is the best way to ensure you make the right decisions for your family when divorcing.

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About Hannah Pilling

Hannah has experience in a wide range of family law matters, including divorce, separation and consequent matrimonial proceedings, securing financial settlements upon divorce, and negotiating arrangements for children. www.jmw.co.uk