Financial and Legal Advice - Page 17

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.

Involvling other Experts in your Collaborative Law Process

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Collaborative law is where the couple come together with their own collaborative lawyer and discuss matters fact to face.  There are no letters sent.  Each client instructs their own collaborative lawyer and they, the clients and the solicitors sign an agreement not to make an application to court. If no agreement is reached in the meetings then new lawyers must be instructed if the matter is to go to court.

Austin Chessell
Family Solicitor and Mediator at Shortands Solicitors

When I started working in Family Law in 2005 I would regularly go to court four to five times a week. I thought that there must be a better way to achieve family outcomes as a lot of the clients who obtained a court order were not happy with the order and wanted to return to court to appeal the decision sometimes.

I trained as a Family Mediator in 2009 and as a Collaborative Family Solicitor in 2013 and have to say that the majority of  clients I act for today go through the Collaborative Law or Family Mediation process and tend to be more satisfied with these outcomes than they would be if they had gone through the court system.  The main reason for this is that during the whole process, they make their own decisions as in which way to go rather than have a court decision imposed upon them.

You need to choose the right process for you but if you want an outcome that focuses on interests rather than fixed positions you may want to use Collaborative Law or Family Mediation.

Clients consult Collaborative Solicitors for legal advice and solutions to their legal problems but when there exists issues outside the legal framework and where a specialist is required then they, the specialist, can become part of the four way meetings between the two clients and the two collaborative solicitors. An order can be prepared if an agreement is then reached in the final sessions.

Involving other professionals does not have to mean costs will escalate. If the other professional can tackle the problem and solve it, it can often mean that matters can be resolved quicker and more amicably.  For instance:

  • Couple Therapists:  it may be the case that you are looking to make the marriage work. In the event that meetings with the couple therapist do not work then the door is always open to return to Collaborative Law.
  • Couple counsellingFamily Consultants:  they can work either one on one or with both clients. It may be that you want to explore how the co-parenting will work during the Collaborative process and as well as after the separation. Family Consultants can also help explore any hopes and anxieties you may have during the Collaborative and post Collaborative process.
  •  Child Specialists. it is important that the voice of the child be heard about how childcare arrangements will work. Some mediators do further training so that they can meet with the child (Direct Consultation With Children) where both parents consent to this and it can be very useful in providing details of what the children want the parents to know to help shape current and future childcare arrangements and how holiday childcare arrangements will work.  
  • Independent Financial Advisors. If the financial settlement is to provide a lump sum it may be useful to consult an Independent Financial Advisor to discuss investments or if the main asset is the pension to discuss how pension planning will work.  
  • Accountants. I have worked with accountants in the past where it has been necessary to value business assets during a divorce. The valuations can provide accurate and useful information to the clients when discussing settlement options.

Working with Collaborative professionals can be done at a timescale that works for you rather than having to follow a court timetable as Collaborative Law meetings take place outside of court.

It can take time to have to prepare a joint letter of instruction through solicitors if you are not using the Collaborative process while any instructions for the experts in Collaborative Law can be discussed in an open forum during the four-five way meetings.

If you want to know more about Collaborative Law you should speak to a trained Collaborative Family Solicitor.

Austin Chessell is a Family Mediator who is also trained to mediate with Children. He is also a Collaborative Family Solicitor at Shortlands Solicitors

Email: achessell@shortlands.co.uk

Telephone: 0207 629 9905

Twitter: @FamilyLawLondon

 

 

 

 

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Avoid court
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How To Avoid Court in Child Disputes

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How to Avoid Court
Consultant solicitor at Toussaints Solicitors,

As we all know court proceedings can be very costly and in some cases there is no way of avoiding this.

However, before going to court it may just be worth your while seeing whether you can resolve the dispute without going to court.  Try out my three suggestions below:

1.      Write a letter to the other parent asking them to agree that you should be having contact with your child.  The letter should be simple but specific.  So avoid making any snide remarks and make sure that you set out the specific times you want to see your child.  It may seem a little robotic but by doing it this way you are bringing some certainty into the equation. Give them a reasonable time to respond so you could end the letter by saying that you must hear from them within 14 days.

If the time limit has passed then send them a second letter.  This time consider sending the letter via recorded delivery so that you can have proof the letter has been signed for and collected – or not as the case may be.

If you still get no reply you can approach a Solicitor to write a letter to the other parent.  This shouldn’t be too costly but it will make the correspondence more formal.  Usually a “Solicitors letter” will cause the other parent to respond.  If the other parent does not respond then you will know that you are likely to have a long and complicated dispute.

The Solicitors letter would usually end with a request for a response within a specific time, alternatively, court action will be started.

2.        Ask a mutual friend to help you both in discussing any obstacles which are preventing contact being agreed.  Often, certain left over bitterness from the relationship can affect the future relationship of the parents.  This can mean that the children suffer as a result by being forced to live between feuding adults and being alienated from the parent they no longer live with.

Mutual friends are often best place, because they know both of you and the children, to step in and help iron out any disputes.

With this method, however, don’t feel forced to use a friend who shows any sign of bias as one or the other of you is likely to feel uncomfortable with the decision reached and it is therefore less likely to last.

A mutual friend can also be an upstanding member of the community who is known to the family.  For example, a religious leader, community leader, a friend with a relevant professional qualification.

Don’t let these discussions drag on indefinitely.  If you aren’t able to agree something concrete by the second meeting then this method is probably not going to work.

3.    Use a professional mediator or relationship counselor  If parents are really serious about moving things forward in an acceptable way and doing what is best for their child they will know that avoiding delay and court proceedings is crucial.

So if things can’t be resolved informally then the next best way is to use an external person who is specifically trained to help families dealing with the consequences of a relationship breakdown.

If you have gone to see a Solicitor before using a mediator or relationship counselor you can still ask the Solicitor to refer you to mediation.  The mediator can then take over the case to help you both come to an understanding on future contact.  The Solicitor can then help to formalize this understanding so as to avoid problems in the future.

So there you have it, try out these suggestions above before rushing off to court – it will be less expensive and help you get on better as parents in the future. And for the resident parent you might just get a regular willing babysitter – for free!

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From Shared Parenting to Parental Alienation

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There are many ways to describe what is commonly known as shared parenting but essentially it is an agreement between the parents that they will exercise their parental responsibility over their child equally.

It is widely accepted that shared parenting should be the norm unless there is a good reason why not.

So, ideally, then both parents will have an equal input in the child’s life.  One way that this can be reflected is in the actual behaviour of the parents.  Are they able to have a civil discussion about the child? Do they both participate in the school run and in attending school events?  Are the children able to visit the non-resident parent as often as they wish? Do the children have significant contact with the extended family members of the non-resident parent?

If you can answer yes to all these questions and more like them then you have probably achieved shared parenting – and well done!

If these questions are a long way off from what your child experiences then you should think about how you could enhance your roles as parents.

Shared Parenting should come naturally to you as parents and, in my view, is far more favourable than what we, as Solicitors, often see – being parents arguing in court and then coming out with an Order that is neither flexible nor agreed.

The reality is that even parents who live together do not spend equal time with their child so it will be totally unrealistic to expect this once a relationship has broken down.  However, in such instances parents may want to satisfy themselves that they both have equal quality contact with their child and one parent should not try to appear more important than the other.

A formal way to reflect a shared parenting agreement is to apply to the court for a Shared Residence Order.  Now, under the law, the court should not make an Order for a child unless it is necessary.  This reflects the presumption of what is known as “the No Order principle”.  So unless you’ve had problems in the past or seriously envisage problems in the future the court may not grant a Shared Residence Order, or any Order at all.

A Shared Residence Order doesn’t mean that the children will spend equal time with both parents.  I would say that this is not in the best interest of the children – moving backwards and forwards between houses.  However, a Shared Residence Order often serves to remind both parents that they essentially have equal rights and responsibilities over their children.

The concept of Shared Parenting should be the norm for the relationship that children have with their parents after separation.  Unfortunately, this isn’t always the case and many parents and children become separated due to the actions of the parent that the child lives with (the resident parent).  Often the resident parent makes claims of domestic violence or child abuse as a way of stopping the contact between the child and the other parent.  Sometimes, the only option the parent has is to refer the matter to court.  However, the courts’ hands are often tied during the process of investigating the allegations made and no contact takes place in the meantime.

So what can you do to minimise the effect of this during court proceedings?

  1.  Firstly, make sure to control your emotions.  Minimise the amount of contact and conversation that you have with the resident parent.  Otherwise, you put yourself in a vulnerable position against further allegations and even the possibility of Non-Molestation (Injunction) proceedings.
  2. You will need to avoid delay and keep the case moving.  Think about instructing a Solicitor or other professional representative who can act as a buffer between having direct contact and giving you specialist advice.
  3. Gather any evidence (or lack of it) that can be used against you.  So use your rights under Data Protection laws to obtain any information held about you by, for example, by the police or the Local Authority Children’s Services.  If no such information is held, you’ll want that in writing also.
  4. Gather written evidence of any activities you have been engaged in with your children, for example, a letter from the school that you attend school events, from out-of-school clubs, from a leader in your church (if you go) etc.  You may need to use these documents throughout the proceedings at short notice – so it’s just as well to get everything together beforehand.

Remember, that delay is the enemy in children’s disputes.  The more time that passes since seeing your children, the more difficult it becomes to re-instate contact with them.  So, once you are clear that your case cannot be resolved amicably, the quicker you put it together and get it before the court the better.

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why work with a divorce lawyer
Divorces are extremely stressful and they can be further complicated when children are involved.

Divorce Tips – Working with your Divorce Lawyer

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Andrew Woolley of Woolley & Co. Solicitors
Andrew Woolley – Founder Woolley & Co. Solicitors

Divorce Tips

Engaging the services of a divorce lawyer can be daunting.

You can take all the advice in the world from friends and family, look for recommendations and do your background research, but you have to decide at some point and you need to make sure that the two of you gel and work effectively together to have the best chance of getting the outcome you want.

You don’t need to leave this element to chance though and by following a few simple rules and asking a few relevant questions at the outset, you have a much higher chance of working successfully with your family law specialist.

Don’t be afraid to ask

The law is renowned for its jargon and it is very difficult for trained specialists to realise those terms that are common knowledge and those that need further explanation. In short, if you don’t understand ask.

If you are discussing matters with a lawyer for the first time and they are using a lot of jargon which leaves you floundering, perhaps they are not the right fit for you.

If there are just a few terms for which you could do with extra explanation, ask and see how they respond. If they are able to go back and make the point clearly and try and cut out jargon after that, it is likely to put you more at ease, which is exactly what you need. It will also be some measure of their experience and knowledge of family law.

Pricing is also something which can cause people to feel uncomfortable, so ask how you will be charged, how much everything will cost and whether things can be done for a fixed price.

Fixed fees are increasingly popular as they can provide complete transparency, allowing you to budget for the costs involved. Ask exactly what is included and if there will be a final bill or will the invoices come at key milestones. Remember, divorce is the legal ending of marriage.

It does not include time spent settling financial affairs or reaching an agreement on where your children will live.

Expert advice on these areas is likely to fall outside any fixed fee for the divorce itself. Clarity on what you are going to pay will help you work with your solicitor as you are not worried about what it is going to cost or whether that extra phone call or letter is going to push you over budget.

Be open

For a successful working relationship with your divorce solicitor, you will need to be completely frank with them from the start and clear about what you want to achieve: what is most important to you? Stick to this and be aware that if you change your instruction halfway through the process this could incur additional work and additional costs for you.

You will need to supply all relevant information when it is asked for, so it is worth getting your affairs in order in advance so you have the right documentation. If you are trying to reach a financial agreement with your partner, for example, there will be a process called financial disclosure, in which you’ll need to supply bank statements and other financial records.

Use your lawyer for their legal expertise

Use your lawyer for the things they are good at, and nothing else if you can help it.

This may seem obvious but, so often, because of the level of discussion needed on certain subjects surrounding a divorce, it is easy to slip into discussing bigger issues. A certain amount of this is inevitable but you are paying a lawyer for their legal knowledge.

They might not be the best person from whom to seek personal advice or emotional support. Family, friends or professional counsellors can help you through the emotional turmoil.

Be realistic

You need to trust your solicitor to do their job. Trust is one of the key ingredients to a successful working relationship. This is helped enormously if you are realistic about the outcomes of the process and the time it will take. Your lawyer can be (and should be) clear on this.

If you “want to take them to the cleaners”, your lawyer should advise that this is not the right approach and is unlikely to lead to a good outcome for anyone. They can advise on what is reasonable to expect and what is not.

In terms of timescales, it will take some months but by arranging a weekly or fortnightly phone or email catch-up, you can be sure to have the latest information and an update on where things are without sitting at home worrying about what is happening.

Above all, you need to keep in mind that a good, experienced family law specialist is there to help and wants you to have the best outcome possible. Choosing carefully and ensuring you work well together will help everything run as smoothly as possible.

About Andrew Woolley

Article written by Andrew Woolley of Woolley & Co, Solicitors.  Woolley & Co is a firm of family law specialists with a team of 22 divorce and family lawyers operating throughout England and Wales.  We offer a free initial telephone appointment to discuss the legal issues you face and explain how we can help.

Call Woolley & Co. on 0800 321 3832

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