Financial and Legal Advice - Page 11

Divorce involves complex financial and legal considerations that can have long-lasting impacts on your future. This section provides expert guidance on crucial topics such as property division, spousal support, tax implications, and legal rights, empowering you to make informed decisions and protect your interests throughout the divorce process.

Divorce Solicitor calls for Financial Settlements

Lancashire Divorce Solicitor calls for Financial Settlements for all Divorces

Published on
Jacquie Birkett
Head of Family Law
Barber & Co Solicitors

Jacquie Birkett, a divorce solicitor and former chartered accountant, who is head of Family Law at Lancashire based law firm, Barber & Co Solicitors, has spoken out in an interview about why getting a financial settlement at the same time as divorce is so important.

Couples who opt for a divorce without coming to a financial agreement may come to regret it in the future. Even long after a divorce, an ex-spouse may make a claim in relation to financial issues arising from the breakdown of their marriage.

What part does a financial settlement play in a divorce?

It is absolutely vital for the parties to negotiate and arrive at a financial settlement on the breakdown of their marriage. Such a settlement means that both parties can move on into the future certain of their financial position and the options they now have. Any settlement reached should be set down in a final order made by the Court within the divorce proceedings.

Why is arranging a financial settlement so important?

Arranging a financial settlement provides certainty for both parties. This can help them make important decisions as they move forward into a new life and ensure that they do not need to worry about, for example, providing stability and security for their children.

What problems can arise if you do not arrange a financial settlement?

If an agreement is not reached as to how financial issues are to be dealt with on the breakdown of a marriage then this can make it extremely difficult for both parties to move on.

In principle either party can make a claim against the other in relation to those financial issues at any time in the future unless the party who wishes to make the claim has since remarried.

If a claim is made then the assets of each party will be valued at that time and not at their value when the marriage broke down thus including lottery wins, inheritances, the fruits of business success and the increase in value of property in the intervening period.

Does not having a financial settlement affect how the marital home is divided up?

If there is no financial settlement, then it is likely that one of the parties remains in the former matrimonial home often with the children of the family.

In these circumstances it is very unlikely that the spouse who has left the home will have any lump sum with which to pay a deposit on a new property for themselves. This may cause problems when the children come to stay or may prevent them staying at all if it has not been possible to source suitable alternative accommodation.

For the spouse who remains in the property there may also be problems in the future. If they stay there until the children reach 18 then the equity in the property will usually be split equally at this time.

If the property has increased in value and the spouse who has remained cannot afford to buy the other out then the property will need to be sold. If a financial settlement was reached at the time of the divorce it may have been possible to argue that equality should be departed from and for the property to have been transferred into that spouse’s sole name.

What consideration is given to spousal maintenance in a financial settlement?

This is a complex area and very much depends on the particular circumstances of each individual case. Recent decided cases have concentrated much more on the needs of the spouse who is to be paid spousal maintenance and the need to set that spouse on the road to independence rather than earlier cases when much more generous decisions were made. It is vital to get expert legal advice in this area to ensure a fair outcome.

If I own a business, is my spouse legally entitled to half of it or any future earnings?

This is another complex area and very much depends on the type of business you own and how you own it. The Court is unlikely to deprive a spouse of his or her means of earning a living. It will not kill the “golden goose” but nonetheless the business will be considered along with all the other relevant circumstances of an individual case.

Are financial assets always split 50/50?

No. The starting point is that matrimonial assets should be split on a 50/50 basis however this may be departed from after considering the children’s needs, the length of the marriage, the ages, health and income earning capacity of the parties, the standard of living enjoyed during the marriage, needs and any other relevant circumstances. As always everything depends on the facts of the individual case and there is no set formula which can be applied.

What happens if I re-marry and do not have a financial settlement from my previous marriage?

Re-marriage will have an effect on your needs and obligations as well as your resources and this will be taken into account when reaching any financial settlement.

You should also note that in certain circumstances it is not possible to make a financial claim once you have re-married so it is important to take legal advice before you do.

About Jacquie

Jacquie is the Head of Family Law at Barber & Co Solicitors.  

She manages the firm’s new office in Ramsbottom which provides a specialist family law service along with services in wills and probate, conveyancing and company related matters.

Jacquie has 14 years experience of practicing family law and deal with all aspects including:-

  • Divorce
  • Dissolution of Civil Partnerships
  • Financial issues arising from relationship breakdown
  • Pre-Nuptial and Post-Nuptial Agreements
  • Deeds of Separation
  • Cohabitation Issues
  • Children Issues
  • Grandparents’ Rights
  • Schedule 1 Children Act Applications
  • Private Adoption
  • Fertility and Parenting Law

Barber & Co Solicitors, has four offices across the North-West of England in Preston, Darwen, Ramsbottom and Clitheroe

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Energy Trader’s Divorce Reignites Debate Over Fair Settlements

Energy Trader’s Divorce Reignites Debate over Fair Settlements

Published on
Peter Jones
Founder
Jones Myers Family Solicitors

The case of a successful energy trader – who is appealing against a High Court decision to award almost half of her £7m fortune to her adulterous ex-husband – is sparking concerns among divorcing couples.

The outcome of Julie Sharp’s Civil Appeal Court plea for a “fair divorce settlement” following the judgement to allocate Robin Sharp almost £3m after a marriage lasting just four years – is awaited with interest.

This case is a stark reminder that the rules of maintenance and capital distribution take no account of fault and apply to the main breadwinner – irrespective of the fact that the divorce was apparently prompted by her former husband embarking on a new relationship while they were married.

It also illustrates that conduct and gender are not factors in a court’s decision, which is made after appraising a couple’s joint assets and deciding how they should be divided whether by sharing equally, or with some other adjustment to meet the reasonable needs of both.

Costly, distressing and, in this case, high-profile courtroom battles over settlements can be avoided with Arbitration; which allows couples to reach a divorce settlement without the trauma of the courts. The sessions are held in private, which means that journalists cannot report the details of the divorce or settlement.

The hearings, which are arranged at clients’ convenience, and at comfortable venues, see the arbitrator determine who should have what. Similar to a judge, they collect relevant facts and evidence and base their decision on this evidence – taking into account the views of both parties. The Award is final and binding in both parties.

Arbitrators are not only qualified in their process – they are also experienced family lawyers who are either former judges or family law barristers or solicitors.

Two other ways to avoid confrontation and discord are pre-nups and post-nups. A pre-nup agreement – which is drawn up between couples before marrying – sets out how their assets will be split if the marriage fails. Although not legally binding, a carefully thought through agreement, drawn up with independent advice, is quite likely to be upheld by a court.

They are also more likely to be accepted by a divorce judge if they were agreed well in advance of a marriage – and if there is no implication that one party was coerced into signing.

Post-nups are entered into after marriage; with the same aim as a pre-nup should a court decision have to be made. They are often made by couples in a second marriage who are seeking to protect children of previous relationships, or by those who wanted a pre-nup but didn’t have time, or or for some other reason felt it inappropriate, to arrange one prior to the marriage.

For both pre-nup and post-nup agreement to carry their full weight, both parties must enter into them of their own free will, without undue influence or pressure – and be fully informed of their implications.

Legal advice and disclosure are desirable, but what matters is that both parties are fully aware of the implications and have the information necessary to make an informed decision.

About Peter Jones 

Peter Jones is one of the country’s leading divorce and family lawyers. A qualified arbitrator and mediator, Peter set up Jones Myers as the first niche family law firm in the north of England in 1992 and has acted for a string of high-profile clients.

Renowned for his sympathetic approach, he is a former national chairman of Resolution, a former Deputy District Judge – and instigated the D5 Group of law firms that promotes excellence in family law.

 

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What is Ancillary Relief or Application for a Financial Order

Published on
Daniel Rushton
Head of Family Law
Grindeys Solicitors

Technically, Ancillary Relief no longer exists.

It used to be the name of the application made by one party of a divorcing couple, asking the Court to resolve the financial issues relating to their marriage i.e. claims for capital, for spousal maintenance and against pensions.

This is now called an application for a financial order. People still refer to it as ancillary relief: ancillary meaning connected to divorce and relief as in to resolve the issues.

– More articles and definitions by Daniel Rushton here. –

ABOUT DANIEL

Daniel has over 20 years’ experience as a specialist family law solicitor. He is Head of the Family Law team at Grindeys Solicitors based in Stoke on Trent.

Daniel has a particular interest and experience in dealing with business owners, company directors and members of the medical profession in matrimonial situations. For this type of work a solicitor who understands your business accounts and business structure is vital to obtain the best financial settlement possible.

Recent cases include one involving an international business and extremely valuable assets and pensions, as well as property abroad. He has acted for numerous doctors and other medical professionals, council workers, police officers and serving members of the armed services. In twenty-three years, Daniel has dealt with all walks of life and will adopt a professional yet caring approach to your situation.

Email: daniel.rushton@grindeys.com

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Full Disclosure Principle in Divorce

The Full Disclosure Principle in Divorce – Don’t Try to Hide from it

Published on
Vanessa Fox
Partner and Head of
Family Law
hlw Keeble Hawson

There have been a number of recent high profile cases where an ex-partner in a divorce has hidden money or assets to avoid them being included in the joint assets that will be divided by the court or an arbitrator.

Among these was an Australian couple’s dispute about the whereabouts of $160,000 fortune hidden in a shoebox.

It is surprisingly common for people to attempt to do this and I have worked on many cases where it has happened – including when a client’s ex squirreled away stacks of £10 notes. In fact, almost every family dispute I have handled has involved an alleged non-disclosure.

Reasons for hiding or undervaluing assets include a wish to save money, a desire for revenge or a belief that the asset or the person’s wealth is too trivial for scrutiny.

However, before the court can reach a financial settlement on separation, both parties have a legal obligation to provide full and frank disclosure of all their assets (including pensions), income and liabilities. Unless and until this has been done, a financial order cannot be made, even if both parties are happy for it to go ahead.

The court does not take into account who is ‘at fault’, meaning that the ‘wronged’ party has no excuse for not making an honest declaration. Nor is it justified for the poorer partner to fail to disclose. That person may feel aggrieved at having to list a tiny savings account or income from a part time job, when the other person is far better off – but the court’s intention is to assess a couple’s joint worth and how this can be divided fairly to meet the reasonable needs of both parties.

Declaring everything that you own does not mean you will receive a reduced settlement – however, failing to disclose an asset can produce that result.

If one party fails to fully disclose, it can lead to a more extended, costly dispute. The person who has not disclosed can in extreme cases be ordered to pay the other side’s legal costs and it is usually the case that that person will receive a far less favourable settlement – with more allocated to their ex on top of what would have been awarded in the first place.

There is nearly also extra expense in relation to applications for court orders for further disclosure or the hiring of a forensic accountant to track down hidden funds, the cost of which is sometimes ordered to be paid by the “non-disclosing” party.

In any event, legal costs always are paid out of the pooled assets that the court would prefer to be spent on the households of the separating couple and their children. One partner’s dishonest disclosure can severely reduce the funds available to do this, which could diminish everybody’s standard of living and affect a parent’s long term relationship with their offspring.

There are often no winners from somebody’s refusal to fully declare, but there can be many losers. Honesty is always the best policy – no matter what misgivings or lingering bitterness one party has for their ex.

About Vanessa

hlw Keeble Hawson partner, Vanessa Fox, marked 25 years as head of the firm’s family law department in 2016.

Collaboratively trained and a qualified mediator, she has modernised South Yorkshire Resolution since becoming chair in 2013 and is also a member of the Law Society’s Family Law Panel and the Children Panel.

She can be contacted on 0114 290 6232 or at vanessafox@hlwkeeblehawson.co.uk.

 

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Earmarking Definition

Earmarking Definition or Pension Attachment Order

Published on
Daniel Rushton
Head of Family Law
Grindeys Solicitors

Earmarking  is now called a Pension Attachment Order:  it is when the Court orders a pension provider to pay part of an individual’s pension to their former spouse.

It is quite uncommon now, as the order stops when the main pension holder dies or if the beneficiary remarries. There are still some cases where it may still be used, but its quite rare.

It has largely been replaced by a Pension Sharing Order, which puts part of an individual’s pension into the name of their former spouse, so it belongs then to the former spouse and thus is not affected if the original pension holder dies or if the beneficiary remarries.

– More articles and definitions by Daniel Rushton here. –

ABOUT DANIEL

Daniel has over 20 years’ experience as a specialist family law solicitor. He is Head of the Family Law team at Grindeys Solicitors based in Stoke on Trent.

Daniel has a particular interest and experience in dealing with business owners, company directors and members of the medical profession in matrimonial situations. For this type of work a solicitor who understands your business accounts and business structure is vital to obtain the best financial settlement possible.

Recent cases include one involving an international business and extremely valuable assets and pensions, as well as property abroad. He has acted for numerous doctors and other medical professionals, council workers, police officers and serving members of the armed services. In twenty-three years, Daniel has dealt with all walks of life and will adopt a professional yet caring approach to your situation.

Email: daniel.rushton@grindeys.com

family-law-and-divorce.co.uk

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Is it Possible to Vary your Divorce Settlement at a Later Date?

Published on
Eileen Macqueen - Devonshires Solicitors,
Eileen Macqueen heads the family law team at Devonshires Solicitors,

The Court of Appeal recently ordered that a divorced wife should receive additional money from her former husband, despite agreeing a settlement almost 15 years ago.

She was initially awarded £230,000 in 2002 in addition to £1,100 in monthly maintenance. She went on to invest the lump sum in properties, which failed to realise a worthy investment. As a result, she was left in debt and applied to the court for a higher pay-out almost 15 years after the divorce.

The Court of Appeal ordered the ex-husband to increase his monthly maintenance payments to £1,441 as his ex-wife was “unable to meet her basic needs”.

Why was she able to vary her divorce settlement?

Following a divorce settlement, the courts can vary maintenance payments if there has been a significant change in circumstances.

In this case, the court felt that the ex-wife’s inability to “meet her basic needs” fulfilled this criterion. The judge explained that the ex-wife had been “hindered” by health problems since the divorce and she had to support herself whilst raising a child. The judge therefore calculated that the ex-wife needed £1,441 a month to sustain her needs.

It is common for the court to vary the settlement by increasing or decreasing the maintenance allowance, however in this case, the court not only increased the monthly maintenance payment, it also stated that the ex-wife would be awarded this payment for the duration of her life. This may have constituted a variation of not just the amount – but also the term – of the maintenance.

Can I vary my divorce settlement?

In rare occasions, a court can vary a sequence of lump sum payments that are awarded initially. However, it is more common to apply to the court to vary periodic maintenance payments. The court will look at each party’s current and past financial situation before deciding on whether to alter the original settlement.

How can I obtain a divorce settlement that cannot be varied?

It is common for individuals to sacrifice ongoing maintenance payments for a larger proportion of the available capital: a one-off lump sum payment (with the associated dismissal of capital claims) can’t be varied at a later date as a matter of course.

If a settlement does include maintenance, a bar can be included at the time of the divorce which would stop an ex-spouse from increasing the duration of maintenance payments.

How will this affect my case?

This cases raises many questions which will no doubt be brought in front of the Court again, so must be considered by those going through legal proceedings, including:

–        Should an ex-spouse be responsible for their ex-wife/ex-husband’s financial decisions following a divorce?

–        Should the ex-spouse stay completely independent even if this means one party is left in a considerable weaker position than the other?

–        Should there be a time bar on how long an ex-spouse is responsible for maintenance payments?

If you believe that you have a change of circumstance justifying a change in your divorce settlement or have been pursued many years after settling a divorce, then seek legal advice as soon as possible.

About Eileen

Eileen Macqueen is a senior solicitor in the Family Department at Devonshires, one of the UK’s leading full service law firms.

Based at the firm’s office in Finsbury Circus, London, Eileen has qualified as a solicitor-advocate (with Higher Rights of Audience) and can therefore undertake advocacy on behalf of her clients.

She is also a member of Resolution, an organisation of 6,500 family lawyers and other professionals in England and Wales who believe in a constructive, non-confrontational approach to family law matters.

 

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why you need a financial order
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They Think It’s All Over …  Actually, No It Isn’t or Why you Need a Financial Order on your Divorce

Published on
Karen Wallace
Karen Wallace
Head of Family Department
Stafford Young Jones

The Minister says to the Groom/Bride:

 N, will you take N to be your wife/husband?

Will you love her/him, comfort her/him, honour and protect her/him and, forsaking all others, be faithful to her/him as long as you both shall live? (The Marriage Service  © The Archbishop’s Council 2016)

Many of us will be familiar with these words from the traditional church wedding service.

When we say “I will” in response, and then go on to make the traditional vows about having and holding, for better, for worse, for richer, for poorer and so on, most people don’t realise that they are also saying, and under the Matrimonial Causes Act, if we get divorced we are obligated to continue to financially support each other and can make claims against each other for capital, income and pensions at any time until the court says those claims are dismissed.

It’s not as romantic as, ‘til death us do part, but I wonder how much grief would be saved if people understood that they are both taking on these responsibilities when those vows are made?

Those claims, for capital, income and pensions, relate to the assets that have been built up during the marriage as a result of contributions both people made to the relationship.

The courts don’t discriminate between types of contribution so a wife who has stayed home to raise the children has contributed as much as a husband who went out to work and earned the money to pay the mortgage.  But what I am concerned with here are the words “until the court says those claims are dismissed.”

If you are divorcing right now you may find that there are complicated issues to resolve about finances – who is to get what out of the house, what happens about pensions, the division of a business.

If you have a lawyer advising you and you reach an agreement with your ex, it will be strongly recommended that a Financial Remedy Order (“FRO”) is drawn up.  In these circumstances it will be applied for by consent, so these orders are often called “consent orders”.

If you go to court and a judge decides it all for you, you will get a FRO automatically as part of the decision process.

All FROs, made by consent or otherwise, are made by judges, so that they are binding and enforceable, meaning that if either of you try to go back on the deal, the other can go back to court and make you do what you are supposed to.  They always include “dismissal clauses”, which explicitly say that neither of you can claim anything else from the other in the future.

why you need a financial order
What if you don’t really have any assets to divide

But what if you reach agreement with your ex by some other route, such as mediation?  Or what if you don’t really have any assets to divide, or you sort it all out between you and there is no hassle about anything?  Surely the decree absolute will take care of it?  You don’t need to go to the bother of getting a FRO then, do you?

Well yes, actually, you do.  Getting your decree absolute only confirms that you are divorced.  Those claims for capital, income and pensions don’t go away until a judge specifically says they do.  If you marry again then you can’t make claims – but if your ex doesn’t remarry they can still claim from you at any time in the future – unless and until a judge has said they can’t.

You might think that you don’t have very much and you will probably carry on not having very much, and neither will your ex, but what happens if they fall ill or have an accident and can’t work anymore, so have even less than they do now, or you win the Lottery?  Those sorts of circumstances throw a whole new light on it, and suddenly, even years later, you could find yourself facing a claim.

That’s exactly what happened in the case of Wyatt v Vince [2016] EWHC 1368 (FAM).

The case made the headlines a year or two ago when Mr Vince tried to say that Ms Wyatt wasn’t entitled to make a claim because of a 19 year delay, but the Supreme Court said that she could.

Her claim has recently been resolved by agreement and she was awarded £300,000 plus some money towards the costs of the Supreme Court hearings.  The judge approving their agreement said he was satisfied that it was reasonable for Ms Wyatt to receive a modest award following the breakdown of the marriage.

I expect you are wondering why she waited so long to make her claim.  Well, they married in 1981 and had one child.  They separated in 1984 and divorced in 1992.

During the marriage they lived a New Age traveller lifestyle; after they separated Mr Vince continued living as a traveller for several years; Ms Wyatt also lived as a traveller with their child, and in homeless shelters and eventually in a council property.  A classic case of a couple with not very much at all who probably saw no reason to go to the trouble and expense of getting a FRO.

What changed was that years later Mr Vince became a highly successful green energy tycoon worth £57m, while Ms Wyatt continued to live in her council property, suffering with various health problems.

The amount they eventually agreed she should receive was only about 0.05% of his overall wealth, and her claim was an uphill struggle; but nevertheless she still got something, over 19 years after they divorced, when it could never be said that she had made even the slightest contribution to the assets Mr Vince had built up.

And it was all because they never asked a judge to dismiss their claims against each other when they got divorced.  A great opportunity for Ms Wyatt, not so much for Mr Vince who, as you might imagine, is a bit cross about it all.

So that is why lawyers recommend that you have a FRO dismissing all claims, so that you both have the certainty for the future that neither of you can bring any claims against the other in later years.

A FRO means that the agreement you have reached is binding: neither of you can go back on any deal you may have made in mediation; and neither of you can go back on a promise between the two of you to leave each other’s finances alone.

FROs are bespoke technical documents that are tailored to your individual circumstances, and usually you will need a lawyer to write it up for you.  But if your circumstances change later in life and you hit a jackpot, you may find that it was a very worthwhile investment – and it really will all be over.

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divorce lawyer
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How To Spot A Divorce Lawyer Who Is Getting More Out Of Your Divorce Than You Are

Published on
Karen Wallace
Karen Wallace
Head of Family Department
Stafford Young Jones

“For the [guild of lawyers], their work is very much what it is for all lawyers, which is to say, doing things slowly for a lot of money“ – Terry Pratchett

Let’s face it, lawyers have a bad reputation.  They are pedantic, argumentative, use ten words when two will do, and they charge a fortune – and that’s the good ones!

The trouble is that lawyers know that the devil is in the detail – cases are won and lost on the interpretation of words, and a big feature of the law is how it is interpreted.

They know that if they get this wrong, or miss a crucial point, they can be sued, and rightly so.  One reason lawyers charge the fees they do is because of their massive insurance premiums.

I’ll let you into a secret – the reason lawyers are so cautious is because they are terrified of being sued.  So while they want to give you a good service, they also go to great lengths to avoid a law suit.  Even the wording I am using in this article has to be carefully considered because of a reference to a real case.

Family lawyers are no different.  In some respects they are worse because the work they do is personal and packed full of emotion – people who are divorcing are fragile and emotional – and the outcome they get for their clients will impact the rest of their lives.  So there is a lot at stake.  Emotional fragile people who don’t get what they want are likely to sue, or at least complain.

Human nature being what it is, just as probate lawyers are happy when there’s a cold winter, certain family lawyers can be happy when they meet one half of a warring couple because they see an opportunity to make money.

Family law is undergoing massive changes.

The focus on mediation, trying to get families to sort out their issues without going to court, means that family law is not as lucrative as it used to be, and yet, lawyers still need to perform and meet their billing targets.

As a member of Resolution I am firmly committed to doing all I can to take the heat out of the situation so that even if a court hearing is needed the process is still polite, respectful and as amicable as possible.  But sadly there are some lawyers who see a warring couple and take the opportunity to up the ante, inflame a bad situation to make it worse –  so that they can make more money.

I came across a very blatant example of this recently.  I was consulted by a wife who had been separated from her husband for a number of years.  He had been working abroad and so saw his children only sporadically – but they had been able to make those arrangements themselves with no problem.

He had recently lost his job so had returned to the UK and now wanted to establish a more stable, fortnightly contact regime with two children who are pre- and mid-teens.  I was contacted by his lawyer about specific contact arrangements, intent on convincing me that my client was refusing contact.  This was far from the case.  My client was willing to encourage whatever contact the children wanted, but she knew that, given their own activities, social lives and opinions, they were only going to want to see him about once a month.

divorce lawyer
Is your divorce lawyer not listening?

It would have been the easiest thing in the world for me to have responded in kind, but I resisted the temptation.

I told the lawyer that this was not a discussion for us to be having.  This was not a newly separated couple who were so highly conflicted that they needed their lawyers to micromanage their contact arrangements.  These were not children who were so young that they couldn’t decide for or speak for themselves.

I made it clear that I was not going to get involved in protracted correspondence when this couple were perfectly capable of speaking to each other and to the children to sort it all out for themselves.

In relation to financial issues, this same couple have already done their basic deal.  She has capital, he has pensions: no further intervention is needed, and they are both happy with that arrangement.  Yet this lawyer was still suggesting full disclosure when all they need is a simple order that says neither person can make a claim against the other in the future.

Because I too am cautious, I have asked my client to sign a disclaimer confirming that she understands that as there has been no disclosure I have not been able to advise her on whether the agreement they have reached is fair, and that she understands that if she later finds out he had assets she didn’t know about, she can’t make a claim against them.

She is happy to sign this because she knows he doesn’t have anything else and even if he did, she doesn’t want it.  But again it would have been very easy to agree that full disclosure was required, just to check, and let’s take a few months over it and write some expensive snotty letters in the meantime.

This strikes me as a classic case of a lawyer trying to get more out of their client’s divorce than the client is getting.

How can you tell if that is happening to you?  Well, here are some things to look for:

  • Are you being asked to produce all of your bank statements and documents even though you know all about your ex’s finances and have reached a deal you are happy with?
  • Is your lawyer insisting on fighting small points you don’t really care about?
  • Is your lawyer telling you not to speak to your ex even though both of you are quite comfortable doing so?
  • Are you being encouraged to start court proceedings when you still want to try to negotiate?
  • Is your lawyer not listening to you?

As with anything in life, listen to your gut.  If something doesn’t feel right, it probably isn’t.  If you are being advised to do something you are uncomfortable with, don’t do it.

A fundamental rule of the solicitor/client relationship is that the lawyer advises, you instruct.  In other words the lawyer is there to do what you want them to do, having first explained the law and the legal repercussions of whatever options may be available to you so that you can make an informed decision.

Divorce is a stressful time.  Sometimes you need someone to be a buffer between you and your ex because you simply can’t handle them anymore.

Lawyers are great for that, but it is important to remember that it is your agenda, not the lawyer’s, and if you are finding that your agenda has fallen by the wayside, don’t be afraid to say, ‘thank you but goodbye’, and find someone else who will put your needs, and your pocket, first.

About Karen

Karen Wallace qualified as a solicitor in 1993 and has practiced Family Law throughout her career, initially as part of a general litigation practice and then specialising from 2004. 

As a divorced parent she has considerable insight into the issues faced by divorcing couples.  Karen uses this insight to help a wide range of families successfully through the legal maze of divorce with as little expense and trauma as possible – www.syjlaw.co.uk

 wallacek@syjlaw.co.uk

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child maintenance payments
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Single Parents Missing Out on Child Maintenance Payments Due to “Complicated Process”

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child maintenance payments ukA new study from financial advisors PayPlan has revealed a surprising number of single parents in the UK are not receiving Child Maintenance despite being eligible for it.

The study revealed over a fifth of single parents (21.4%) are not receiving any child maintenance support even though they qualify for it, with 58.6% of respondents admitting they did not know if they were eligible for a statutory arrangement or not.

Based on the basic weekly rate of £41 a week which can be claimed for Child Maintenance, single parents could be missing out on £2132 a year.

The survey contained ten questions, asking single parents all about their experiences with the child maintenance system and their understandings of the process. It found there was a distinct lack of information available to single parents about the options available to them.

Only 23.8% of single parents surveyed found the current system both simple and easy to understand. Respondents disclosed that the process was “not worth the hassle” with some going far as to say “the process doesn’t work”.

The survey also found…

–  31.8% admitted the reason for not receiving statutory based support was because the process was too complicated

– 71% of single parents surveyed admitted they were struggling financially

– 73.8% of single parents had little to no knowledge of help available to them if they were struggling to make child maintenance payments

– 46.4% of men find the process too complicated in comparison to 26.6% of women

– 49.1% of 25 – 34s have a family based arrangement compared to just 26.4% of 45 – 55s, suggesting things get less amicable the later a split happens

PayPlan Money Advice Consultant, Jane Clack explained more about the survey findings and the actions taken in response by the financial advisor.

“The feedback from our survey clearly shows people are confused about the process of claiming child maintenance. With the public really feeling the pinch in their finances currently, not receiving a benefit you are clearly entitled to is unacceptable, especially for single parents.

 “We created our child maintenance hub for this very reason, we want to make the process as simple as possible and ensure the single parents are receiving everything they’re entitled to.”

You can take a look at the resource hub here – https://www.payplan.com/child-maintenance-resource-hub/

 

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Financial Tailspins of the Divorced Dad
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Financial Tailspins of the Divorced Dad

Published on
Stepmother Meaning
Ali Wilks
Certified Stepfamily Coach

This is one of those “I wish I knew about this ahead of time” blogs.

The financial blows of a divorced dad become the financial woes of the stepmom.

For a lot of women, finances aren’t initially a part of the landscape when dating a man with children – the thought may have never crossed her mind.

As the relationship progresses, however the reality of child support payments and possible spousal support becomes a reality. Maybe even a scary reality. Reality may kick in when you ask how do you afford the wedding of your dreams with a second timer (or maybe third)?

Then consider this: child support for several more years (possibly into the first few years of post secondary education), while paying a mortgage and paying the bills.

And then if you want some of your own how do you then add buying diapers and supporting a wife while she collects SMP benefits of maternity leave- if there are any and if she’s entitled to them.

How do you afford the extra curricular activities of your own children as they grow up and develop interests in art, music, ballet classes or sports ??  It’s enough to make you want to hide under the covers and never want to come out.

I often hear about the financial stressors of second time families.

Stepmoms share stories about barely making ends meet but that stepkids get to go to an expensive sports school during the summer because of the court order on splitting costs.  Not to mention there may also be legal bills from the previous court proceedings and some fathers are still battling it out in the courts to fight for the custody of children or other issues.

In reality many divorced dads don’t have the finances to buy or keep their own home or save for retirement.

They are starting from scratch. Some say that the financial burden can set the new family back by 10 years or more. More often than not the matrimonial home ends up on the cutting block as part of the negotiations.

divorced dad
You ask how do you afford the wedding of your dreams with a divorced dad?

Further down the road planning for retirement takes a turn down a different route. Because when retirement does happen most of that pension or retirement savings and investments (In Canada we call them RRSP’s) and are split.

Truth be told starting over again with marriage, new children and mortgage is tough.

In my own situation, my husband was older than me and on the verge of retirement as we were planning our wedding. My husband’s friends and colleagues were finished paying their mortgages, travelling, buying toys and enjoying the free life of an empty nester.

No kids no mortgage. They are planning grandchildren. I can’t help but wonder if he’s a bit jealous of them. I think I might be! All joking aside those are really serious issues. There are ex wives who rely heavily on those child support payments. And sometimes it may be their only source of income.

Financial planning is challenging at the best of times. Heck saving is challenging.

Statistics show that financial issues are at the root of reasons for getting a divorce. Most people are in over their heads even in first time families. I’m using the advice of Gail Vaz-Oxlade. In one of her posts on her Facebook page she said that “talking about money is harder than talking about sex, religion, politics and even death”. It is a taboo topic and usually kept secret. So discussions on spending habits with your intended often do not happen prior to the big day.

Gail is a financial guru in Canada who has written plenty of books, articles and has two TV shows (’Til Debt Due Us Part and Princess). She is also a stepmom. She gets this.

She suggests the best way to tackle the problem is to have an open dialogue of who owes what and to whom with interest rates, tracking spending (yes that trip to Starbucks counts as does that purchase of the “ Us” magazine) for a few days, and write out what you have to pay out each month (cell phones, internet, utilities, food, recreational activities, child support, spousal support, insurance, car maintenance etc) and come up with a plan of attack.

Pay off the credit card with the highest interest rate first. Another approach may be to pay off the debt with the smallest balance first, and work your way up. Slay the smallest dragon first so to speak. And sometimes if you go to your financial institution they may help you find an account which has lower fees.

You may also be able to negotiate a payment plan with some of your credit card and utility companies. If you need more help google your local resources for money mentorship type programs. Or check out Gail’s website or books. Best wishes for smooth sailing!

About the Author

My name is Ali Wilks (www.aliwilks.com)  and I have a BA in Psychology with a MSc in Human Ecology specializing in Family Studies and I am a certified stepfamily coach.

I have been working in Children’s Services since 1998 in Edmonton,  Alberta. I am currently a trainer on Edmonton’s Caregiver Training Unit providing classes for foster, kinship, and adoptive parents. These classes include building essential skills in raising children not born to them who present with special needs. I am a stepmother of 3 adult children (with a couple of grandkids too)  and the birthmother of 2 beautiful girls.

aliwilks@xplornet.ca

www.facebook.com/stepbystepmom/

twitter.com/ali_wilks

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The Year of the Prenup
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2016: The Year of the Prenup

Published on
melanie pilmer - greene-greene
Melanie Collaboratively Trained Lawyer Greene & Greene Solicitor

In my role as a family lawyer, I am often asked by clients about prenuptial agreements. The idea of a nuptial agreement regularly provokes a range of emotive responses.

Those who are not open to the idea start by questioning whether they are legally binding and often suggest discomfort about an agreement that contemplates the marriage failing.

On the other hand, there are those who are more comfortable with the concept, asking about what types of people enter into such agreements and what is involved in terms of time and cost.

I help by explaining the following:

1. If the agreement is fair, if certain conditions are met and if you sign a nuptial agreement, then you should expect the court to hold you to it;

2. A fair agreement arrived at with the benefit of sound legal advice can provide peace of mind and guard against expensive and unpredictable proceedings. However it is always the intention that the agreement will not be needed and the marriage will succeed. The agreement should be put in place in much the same way as an insurance policy is taken out to cover unforeseen circumstances;

3. Anyone with inherited wealth, pre-acquired assets or an established asset base should consider a nuptial agreement. The cost of preparing an agreement is minimal compared to the costs of proceedings; and

4. A nuptial agreement can be entered into before the marriage (prenuptial) and even after the marriage (postnuptial).

During both 2015 and continuing into 2016 I have seen a marked increase in couples seeking nuptial agreements and I was delighted when my recent work in this area was publicly commended by a leading London Family QC.

The ‘wedding season’ is almost upon us, with research suggesting the average wedding now costs in excess of £20,000.

A recent survey of 1,000 men and women in the UK by OnePoll, the market research agency, found that 10% regretted not signing a prenuptial agreement. Notwithstanding their increase in popularity, due to the benefits and enforceability of these agreements becoming better understood, I suspect that this percentage will increase until the preconception that they are for the rich and famous disappears.

About the Author

Melanie Pilmer advises in relation to a full range of family matters including divorce and associated financial matters, cohabitation disputes, children matters and Pre-Nuptial Agreements.

She is a collaboratively trained lawyer and member of Resolution – First for Family Law.

She has significant experience in relation to resolving complex financial disputes often involving business assets and a considerable amount of my practice consists of negotiating and preparing Nuptial Agreements.

www.greene-greene.com

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define mediation
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Define Mediation as a Divorce Process

Published on
Johnathan Pease Accredited Family Mediator and PPC
Johnathan Pease
Accredited Family Mediator
and PPC

In this interview, we speak with FMC accredited Johnathan Pease of New Landscape Mediation about what exactly family mediation is as well as what it is not.

Johnathan goes on to answer further questions that help define mediation as a divorce process including:

  • Can mediation work for high net-worth individuals?
  • Is family mediation about bringing the couple back together?
  • What about confidentiality?
  • Does working with a family mediator preclude working with a family solicitor?

So if you’re going through divorce or trying to deal with what you imagine is likely to be a difficult and challenging divorce, you may want to hear what Johnathan says about this particular divorce process.

Here’s part of what he had to say when asked to define mediation.

…When going through divorce, a family mediator will do is to take you through the process, in much the same way as a solicitor would in terms of the finances because there are certain legal things that have to happen when separating your finances but a mediator will do it for you in a much more streamlined fashion.

We do sit down with couples, and together organise the finances by looking at what the situation right now, what they both need to achieve going forward and we work out a way of dividing up their assets so that both parties are able to be content with the solution that they come up with. (Cont’d below)

We take that solution and put it together in a proper outcome document that can then be presented to the court for ratification in a consent order.

We do the same thing with the children. We sit down together, we work out, where the children will live, how they’ll move back and forth between the two parents, what’s going to happen over Christmas, what’s going to happen during half terms, holidays and all those sorts of things.

My goal is always to have parents feel that they are able to dance at their children’s wedding 10 years from now as opposed to dragging each other through the courts.

So mediation is a divorce process that helps you to achieve those very simple tasks while keeping your dignity and most of your finances intact.

What is family mediation NOT?

It is not a process where you sit down and get told what is right for you and what isn’t right for you.

It’s not a process where the family mediator sits there and makes a determination that you’re ex-partner has to be punished because he or she has behaved appallingly.

Family mediation is not a process where get specific legal advice but where you get a great deal of legal information. I can tell you for example if a court is likely to ratify and agreement or not. Everybody’s situation is different and our job is to make sure that you’re both content with whatever arrangement you come up with that is available to you within your resources.

ABOUT THE AUTHOR

Johnathan Pease, of New Landscape Mediation, is a highly experienced family mediator with over 20 years of experience working in family conflict resolution both as a mediator and Family Consultant.

A fully accredited BACP psychotherapist, Johnathan holds several qualifications with ADRg – including Direct Child Consultant (DCC). He is an accredited Civil/Commercial mediator, a member of the UK College of Mediators, and an affiliate member of Resolution.

Johnathan’s flexible and pragmatic approach to mediation makes the most of his understanding of interpersonal dynamics for the benefit of all concerned.

As a father of 2 children, and having experienced a family breakdown himself, Johnathan recognises that there are often many layers to the end of a marriage hindering a successful settlement than first meets the eye. Johnathan applies his varied training and life experience to the time sensitive and practical needs of family mediation with consistent success.

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