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Cordell & Cordell

The Legal Landscape and Male Representation: A Q&A with Cordell & Cordell

Cordell & Cordell
Barbara Johnson-Stern, Partner at Cordell & Cordell

Divorce and family law is an area in which men are consistently faced with stereotypical views, and these all too often affect the outcome of family and divorce disputes.

When it comes to divorce and family law, where do men truly stand?

Is there light at the end of the legal tunnel or are males facing divorce proceedings always going to be tarred with the stereotypical brush that has historically played a role in divorce disputes?

The Divorce Magazine talks to Barbara Johnson-Stern, Partner and Head of Operations at Cordell & Cordell, a legal firm that focuses on the fair, legal representation of men.

We discuss the legal landscape, the obstacles faced by men fighting cases against female spouses and the challenges Barbara encounters on a daily basis.

How are men stereotyped during divorce proceedings in your experience?

In my experience, this varies, but the overarching stereotype I see time and time again is that men are ‘seen’ as not being interested or present in their children’s lives. They are also stereotyped as being more resilient than their spouses.

Finances also come into play here. There is a significant stereotype based on the perception that men’s financial needs are secondary to those of their former spouses, that they won’t be impacted as much as their partner and that they will recover financially without consequences.

There are also many stereotypes about children – especially that the mother ‘should be’ at home and that she does not have to contribute to the family in a financial sense.

How do you feel about these stereotypes?

These stereotypes are apparent and I see them a lot day to day. They are not only outdated, but they also communicate a sense of entitlement that I believe women can have throughout the entire divorce process.

I think that men are so aware that these stereotypes exist that when they come to the table, they lack hope and optimism and feel they are fighting a losing battle.

This should not be the case.

Could you comment on the female mindset when it comes to divorce cases?

Whilst everyone is an individual and this isn’t the case for all the women I have had dealings with, in my experience, women sometimes come with a strong belief that the only factor that will change as a result of a divorce is that their husband will no longer be in their lives.

Factors such as finances, housing, family set-up and support don’t seem to come into consideration. This can make it appear as though the she is entitled to a level of support regardless of the wider circumstances surrounding the divorce.

What obstacles are faced by men fighting cases against female spouses?

There are numerous obstacles faced by men who are battling proceedings with their female spouses. These range from the pressure they place on themselves to the obstacles they create for themselves by struggling to believe that they have a place in their children’s lives, which is absolutely not the case.

Men do tend to come to the table with the stereotypical notions that mothers are more important and better at raising the children.

These are clear and significant challenges which must be overcome and the stereotype around them needs to be quashed if we are to move forwards with family law and legislation surrounding divorce.

What frustrations do you regularly encounter in your position?

My biggest frustration, and one that I encounter regularly, is how we deal with domestic violence within these relationships and the stereotypes men deal with in these situations.

Our biggest failure towards men is how we deal with domestic violence allegations in divorce when, at times, the burden of proof can be so light.

We don’t shed light or challenge women in these situations. I understand the challenges that women face in these situations, but some men are being accused of so much without proof.

Where would you like to see the legal landscape shift to in the next 2–4 years with regards to men in divorce and child custody hearings?

What I would absolutely love to see is there no longer being a sense of shock when men gain custody.

I would also like to see maintenance being determined by the circumstances within the marriage as opposed to being controlled by the stereotype of women automatically being prioritised in the finances.

I strongly feel that a move towards a more appropriate, transitional maintenance award is required and we should accept that there are both females and men at fault. This shouldn’t be an uphill battle.

What direction would you like to see the legal landscape moving towards in the future?

I would like to see more men become divorce lawyers. I think this is hugely important. I haven’t looked at the statistics but I have noticed a lot more women picking family law.

I also feel we are eliminating and eradicating these very significant stereotypes case by case. We are trending in the right direction, so the more things change, the more we’ll find ourselves in a place where we have made real progress.

About Barbara

Barbara Johnson-Stern is Partner at Cordell & Cordell, which focuses on the fair legal representation of men.

Barbara works hard to continually improve the level of service and representation given to her clients and is licensed to practice law in England and the states of Colorado and Utah. 

 

Featured image photo credit: Fabiana Zonca You are my hero!!! via photopin (license)

How to Help Children Cope During Divorce

How to Help Children Cope During Divorce: Parenting Experts Share their Advice

Daniel Weintroub
Divorce Solicitor
Cordell & Cordell

As part of a recently launched campaign, Helping Kids Cope with Divorce, we interviewed three prominent parenting experts about their advice for divorcing parents, exploring the best way to break the news to your children about your separation, what can you do to proactively reduce your kids’ worries about the future, and how to protect them from suffering long-term psychological damage.

In 2019, divorce is sadly a common reality for many families. But despite how usual it’s become, it’s often a messy and confusing process which take a tremendous toll on everyone involved – particularly the children of a marriage.

The ordeal of the divorce process can impact significantly on young people’s mental health and leave lasting emotional scars.

So how can parents manage the process in a way that doesn’t make them think their world is about to collapse?

Breaking the news

Noël Janis-Norton, from Calmer, Easier, Happier Parenting, recommends that parents sit together when it happens. Depending on the age and stage of your children, it may be worth telling each child separately to adapt the message to their levels of understanding. She says:

“Tell them: ‘We’ve got some sad news for you. We’ve been arguing a lot, and our home has not been a happy place – there are too many differences between Mummy and Daddy. We have decided to live in different homes to see if then we can be happier. You can still live with both of us.’ Keep reminding them that it is not their fault.”

“You can expect children to be upset, even if they do not show upset in the first place. Just acknowledge how scared or anxious they might be.”

Noël recommends that parents stay very polite and friendly with each other, even if there is underlying conflict. This will help the child feel more comfortable in these times of uncertainty and change.

Reassurance is key

Some of the concerns that your children might have about your divorce might not be things that you, as an adult, will have considered.

Young children might worry about seemingly small things, such as whether they will have toys at both parents’ houses, as well as larger things, including how much they’ll see both parents and other family members.

Teens might be wondering whether they’ll still be able to stay at the same school, whether they need to move house and whether there will be financial problems.

Parenting journalist and author, Liat Hughes Joshi, says: “Fundamentally, children don’t like uncertainty, and particularly at the beginning of the separation process there can be a lot of that. You might not know the answers to some of their concerns, such as whether you’ll need to move house, because you don’t know how the financial settlement is going to work out yet.”

She recommends: “Provide reassurance where you can but avoid false promises, as these could undermine their trust in you later on. Let them know you will do all you can to provide stability and contact with both parents. For the immediate, focus on the things that won’t change – particularly that both you and your ex love them.”

Constructive and Destructive Behaviours

Divorce can have lasting emotional effects on the children involved, but it isn’t a forgone conclusion.

Image by Chris Thornton from Pixabay

According to Noël Janis-Norton, adverse outcomes of divorce come from high-conflict divorces, not from divorce in general. It is very important for parents to realise which practices are constructive, and which are destructive to the child’s wellbeing.

“As long as both parents and children learn how to resolve disagreement without conflict, children can come out of your divorce unscathed,” she says.

“Think of yourselves as a team in front of the children. Be positive about the other person. Praise the other person. Children must feel like they can love both parents – if not, they are likely to become depressed and distressed.”

If tensions are running particularly high, it’s important to try to limit your children’s exposure to this as much as you can.

“Try whenever possible to have difficult discussions and arguments with your ex out of earshot. Stick with communicating by email if you really have no other way of avoiding things turning into a slanging match”, recommends Hughes Joshi.

Janis-Norton adds: “Another important thing is to not let your children overhear you while you’re talking to another adult – such as a friend or family member – about anything that implies conflict, like child support payments for example.

Children are very sensitive to those things, but they don’t necessarily understand them yet, so they often jump to the wrong conclusions.”

The aftermath – building a new life post separation

Recreating a sense of familiarity post separation is vital, according to Christine Lewandowski from Single with Kids. “New traditions and routines can build a comfortable framework during this transition period, and spending quality time with the children is essential,” she says.

It’s also important for children to feel that both their parents’ places are their homes.

“If you have decided on dual custody, avoid language like ‘when you visit or see daddy’, as this implies that one home is more important than the other,” adds Noël Janis-Norton.

Recognise that it may take time for your children to adapt to their ‘new normal’.

Society tells us that the nuclear family is the ‘right way to live’, which can make kids of divorced parents wish that their parents would live in the same house again.

“Meeting up with families who are in a similar situation, however, suddenly makes it all seem more normal. It helps the kids accept that they’re still a family, just a different shaped one.”

Following a separation, your different parenting styles may become more obvious – and when emotions are running high between you and your ex, it’s tempting to want to be the ‘favourite parent’.

“It’s tempting to roll your eyes when your child tells you that Mummy let them stay up until 10pm to watch TV” says Janis-Norton.

“Instead of showing disapproval of the other parent, acknowledge that Mummy and Daddy disagree on that. Stay with the conclusion that Mummy and Daddy prefer to do some things differently.”

Remember to self-care

Going through divorce is often physically and emotionally draining.

For a period of time, it will take over your life completely – and at the same time, you have to remain strong for your children and keep up with day-to-day responsibilities.

Once the transition process is coming to a close and you and the kids can start to settle into a normal routine again, it’s very important to invest in yourself and to find your happiness again as a single parent.

“Kids are like emotional sponges,” says Lewandowski, “they soak up the emotions of the parent. If one parent is desperately unhappy, the child is hurt.”

As a parent, remember that your wellbeing is important too, and directly impacts the wellbeing of your child.

Contributors

Noël Janis-Norton is a learning and behaviour specialist, parenting author, speaker, coach, and the Director of Calmer, Easier, Happier Parenting, working with families and schools.

She’s currently working on two new books about divorce and blended family structures: Calmer, Easier, Happier Separation and Divorce and Calmer, Easier, Happier Blended Families.

Liat Hughes Joshi is a parenting journalist and author of five books, including 5-Minute Parenting Fixes and Raising Children: The Primary Years.

Christine (Chrissie) Lewandowski is the Director of Single with Kids, an organisation that offers holidays for single parents, abroad and in the UK.

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About the Author – Daniel Weintroub

daniel weintroub
London divorce solicitor Daniel Weintroub was drawn to family law because of the complexity and variety of the cases.

“In family law, every case is different, and a solicitor can make a real difference in a person’s life,”

Mr. Weintroub said. “It is also the sense of the achievement and satisfaction in helping someone get contact with their children or a better than expected settlement in a financial dispute. You don’t get that sense of satisfaction in other areas of law.”

Mr. Weintroub’s attention to detail and his determination to get the best possible outcome for his client separates him from many other solicitors. He is willing to listen to his client’s case, understand the issues at the heart of the matter, and then explain the law to them and what is the most effective way to progress their case to ensure the best possible outcome.

“I speak to clients in a sympathetic, but direct manner, so they understand what the law says and how it can be applied to help them to achieve the best possible outcome,” he said. “I do this so that the client is not confused about what I am going to do for them and what they can expect to achieve at the end of their case.”

dweintroub@cordelllaw.com

020 7203 8431

Cordell & Cordell

How Dads can Stay Positive During Divorce

Karim Assad
Karim Assad
Partner in
Family Department of Fletcher Day

Breaking up is famously hard to do, but sadly it’s a fact of modern life and in reality it probably really is better than two people sticking in a relationship which has clearly run its course “for the children”.

When there are children involved, the law will put their needs right at the forefront during any divorce proceedings and, hopefully, both parents will do likewise.

It is, however also important to remember that parents need to take care of themselves in order to be able to take care of their children and that this includes their mental health as well as their physical health.

This can be particularly true for dads as they are often the ones who move out of what was the family home and have to deal with the notorious stress of moving home as well as the stress of the divorce and of becoming a “live-out dad”.

With that in mind, here are five tips on how dads can stay positive during divorce (which will also apply to unmarried couples with children who are going through a break up).

Get your employer on your side

You may want to keep it private that you are going through a divorce, but there is a big difference between telling your employer and telling your workmates.

If necessary you can usually bypass your line manager and go direct to HR, although in reality it may be helpful for your line manager to know your situation.

Most employers will be sympathetic and will do what they can to help, especially these days when employers, by and large, are becoming more aware of the importance of being able to balance work with family responsibilities.

Tell the people who need to know on your own terms

It may sound brutal, but in these days of the internet in general and social media in particular, it is probably going to be extremely difficult to keep rumours about your divorce out of general circulation for any length of time, especially not once you actually move out of the family home (in fact from that point on, you should probably take it as impossible).

Beat the internet gossips by telling the people who need to know on your own terms. This will be best for them and you.

Work on your physical fitness

There is a strong link between physical health and mental health so make time to work on your physical wellbeing (or to keep working on it if you are already active).

How Dads can Stay Positive During Divorce
Image by HamiJeezy from Pixabay

Even if money is tight, there are many and various affordable ways to exercise regardless of whether you prefer to work out alone or as part of a group, at home or at a gym or outdoors.

If you are already a gym-goer and are thinking of giving up your membership to save cash, then make sure that you are being honest with yourself that this is the real reason (and not that you are making an excuse for losing motivation) and then make an informed decision about what it was you liked about the gym and how you could either take that with you or recreate it in another way.

For example, if you have your gym buddies, you can give them your contact details and keep in touch socially in another way, then use some of the money you saved on your gym membership to join an online gym class while exercising at home.

Keep eating properly

This is really picking up from the above point. Our eating habits can be massively influenced by our emotions, some people comfort eat, others lose their appetite.

Practicalities can play a role too, if you’ve moved out of the family home then your kitchen facilities may not be what they were and if you’re rushing about trying to navigate your way around a new routine, then it can be only too easy to skip meals or turn to junk food.

Compromising your diet can compromise both your physical and mental health so do your level best to eat the way you’d like to see your children eat.

The same comments apply to what you drink, excess alcohol is obviously to be avoided but you also want to steer clear of excess caffeine and of excess fizzing drinks especially of the sort which are advertised as energy drinks.

Consider some form of therapy to help you manage your emotions

Therapy can range from buying downloadable guided meditations (from reputable sources) to visiting online forums, to going to real-world support groups to having one-on-one sessions with a counsellor or therapist.

In fact, you may opt for a combination of any or all of the above depending on your situation, needs and wants. If budget is an issue, then your local GP may be able to help as mental health is now much more of a priority than it used to be.

Keep your eyes on the prize of maintaining a good relationship with your children

You’re breaking up with your ex not with your children. You will always be your children’s dad and nothing can ever change that. Keep this thought front and centre in your every decision and every action.

Hard as it may be, try to focus on what you can do rather than dwelling on what you can’t.

For example, instead of smarting over the fact that you cannot be there in person to read your children a bedtime story and then kiss them goodnight, focus on the fact that you can still read your children a bedtime story over the internet.

Nobody’s pretending that this is as good as being there in person, but it is a whole lot better than nothing and men who have to work away from home (for example members of the armed forces) often maintain good relationships with their children even when they’re at a distance by making sure that they are in regular contact with their children and playing a meaningful role in their lives.

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About Karim Assad

Karim Assaad is a partner in the Family Department of Fletcher Day.

Fletcher Day have an experienced team of family solicitors in London who specialise in divorce, civil partnerships, prenuptial agreements and financial settlements.

A Step-by-Step Guide to the Divorce Process

A Step-by-Step Guide to the Divorce Process

Barbara Johnson-Stern
Divorce Solicitor
Cordell and Cordell

Making the decision to end a marriage is not an easy one and can bring with it numerous considerations on top of significant emotional strain.

To assist in making the decision to end a marriage and all the key considerations more manageable and concise, we have mapped out the need-to-knows when it comes to the divorce process in a step-by-step format.

There is certainly much to consider when it comes to embarking on divorce proceedings but the information below should make the prospect of ending a marriage less daunting, with much-needed clarity to help make the process as manageable as possible.

From applying for a divorce to contesting a divorce petition, with regard to all key legislation and terminology, we map out the divorce process, what you can expect and how the process can be made simpler in our comprehensive guide.

The Divorce Process Explained: Step by Step

In England and Wales, a divorce can be granted to any couple who have been married for at least a year and whose marriage has irretrievably broken down.

This however is only possible if:

(1) their marriage is legally recognised in the UK; and

(2) at least one party to the marriage has a permanent home/residency in the UK.

Why Choose Lawyers in the Divorce Process?

Whilst it is not a compulsory measure, many couples deciding to end their marriage do choose to seek advice from lawyers during a divorce. This can be for numerous reasons, including:

  • an unfamiliarity with the legal process and a need for guidance and legal advice
  • support needed because of the emotional strain inherent in many relationship break-ups.

How to Apply for a Divorce

For anyone who is looking to apply for a divorce, a divorce petition must be issued. This is essentially a means of seeking permission from the courts to divorce. Whilst many couples decide to do so, it is not compulsory to seek and engage lawyers to assist with the divorce process.

A divorce petition must:

  • give details of the parties to the marriage
  • state the grounds on which a divorce is sought
  • provide evidence that the marriage has irretrievably broken down
  • be accompanied by the marriage certificate or another form of proof of the existence of the marriage.

Proving Irretrievable Breakdown

There are five possible ways of proving irretrievable breakdown:

(1) Two years’ separation if both parties to the marriage give written agreement to the divorce.

(2) Five years’ separation if both parties have not provided written agreement to the divorce.

(3) Adultery, which means that the petitioner’s spouse had sexual intercourse with a third party. It is not possible to rely on this ground if the parties to the marriage continued to live together for six months or more after the petitioner discovered the adultery.

(4) Unreasonable behaviour, which means behaviour making it unbearable for the petitioner to continue their marriage to their spouse. Domestic abuse, including emotional abuse, and alcohol or drug issues are commonly cited examples of unreasonable behaviour. It is important to note that this is a subjective test and many different behaviours could be classed as unreasonable.

(5) Desertion, which means that the petitioner’s spouse has abandoned them without good reason and without seeking their agreement. The period of desertion must be at least two of the past two-and-a-half-years.

Challenging a Petition

Whilst this is relatively unusual, anyone wishing to contest a petition, or who receives a defence to their petition, is best advised to seek legal advice if this hasn’t already been carried out.

Next Steps

Decree Nisi

Following the issuing of the divorce petition, and providing the petition is undefended, the court will grant a decree nisi when it is satisfied that the petitioner is entitled to a divorce. The decree nisi is the precursor to the decree absolute.

Decree Absolute

This is a legal decree that officially dissolves the marriage and frees each party to marry another person should they wish to do so. The decree absolute can be applied for after six weeks and a day have elapsed since the decree nisi.

If the petitioner fails to apply for the decree absolute within four and a half months of receiving the decree nisi, the respondent is able to apply instead.

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About Barbara Johnson-Stern

Barbara Johnson-Stern is proud to be a London divorce solicitor. She works hard to continually improve the level of service and representation given to her clients.

One of the biggest and most important aspects of her work is being prepared.  As Abraham Lincoln said it, ‘If I had eight hours to chop down a tree, I’d spend six hours sharpening my axe.’ The vast majority of the work I do every day for our clients is sharpening the axe,” Ms. Johnson-Stern said.

“I think it’s essential that I’m prepared so that my clients are prepared to either reach a resolution or litigate. Preparation is essential in helping clients develop goals and develop strategy for how to reach those goals.”

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Feature Photo by Danielle MacInnes on Unsplash

A Guide to Fathers Rights in Divorce

Karim Assad
Karim Assad
Partner in
Family Department of Fletcher Day

When it comes to fathers and divorce situations, there seems to be two common narratives.

One is the “feckless father” who disappears and leaves the unfortunate mother to manage as best as she can without any support (financial or otherwise from the father) and the other is the father who is denied access to his children by a scheming mother who simply wants all the money she can get.

Hopefully most divorces avoid both of these narratives and involve parents who put their children’s interests’ front and centre at all times.

For the sake of clarity, however, here is a brief guide to where father’s stand legally in the event of a divorce.

Children have rights, parents have responsibilities

Contrary to what can appear to be popular belief, neither the mother nor the father has rights with regards to their children.

Children have rights with regards to their parents, both of them.  Parents have responsibilities with regard to their children.

 

The issue of parental responsibility

In very blunt terms, it’s usually obvious who a child’s mother is.  Identifying a child’s father can be rather more complicated.

If a man is married to the mother of a child (during the period in which it was conceived), he is assumed to be that child’s father.  Likewise if a child’s birth was registered after 1st December 2003 and a father is named on the birth certificate, that man is deemed to have parental responsibility for the child.

Outside of these situations, a man can be granted parental responsibility by means of an agreement with the child’s mother or through a court order.

 

What does parental responsibility mean in practice?

The legal definition of parental responsibility is: “all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property”.

In practice this means that a person with parental responsibility essentially has a significant say in how the child lives his or her life, including what they do, where they go and when and with whom they spend their time.

Parental responsibility is distinct from the issue of parental access and it is possible for a parent to have the former without the latter, for example to be required to make maintenance payments without having the right of access to the child, although this would be highly unusual.

 

The right of access

Picking up on the initial point, it is a child who has the right to see his or her father rather than vice versa and access cases therefore revolve around what a court sees as being in the child’s best interests.

The child’s opinions will be taken into consideration although it is possible for a court to overrule them if the court believes that the child is unable to make a solid assessment of the situation, given that, by definition, children lack life experience.

One recent example of this was a case in which a judge ordered a child to continue to live with his mother, when the child expressed a wish to live with his father.  The judge wrote a letter to the child explaining his decision and this letter became headline news.  Such situations are, of course, extremely unusual.

 

About Karim Assaad

Karim Assaad is a partner in the Family Department of Fletcher Day.

Karim is an experienced family lawyer for men, who specialises in representing men in family law cases.

can I get full custody

Children and Divorce – What You Need to Know about Sole Residency (Full Custody)

Haroop Ahluwalia
Divorce Solicitor
Cordell & Cordell

Making child arrangements can be an extremely difficult issue to tackle when two people are experiencing the ordeal of a separation or divorce.

But when it comes to filing for sole residency, do you know the absolute essentials to help make this critical decision?

We have compiled the essential need-to-knows to assist parents going through a divorce in making that all-important decision about sole residency.

Residency: The Legal Landscape

When it comes to arrangements about children, the preference of both the parents and the courts is often to agree on joint legal residency. However, if an agreement cannot be made amicably between parents, the court may be involved, which will lead to a decision being made on the parents’ behalf.

Child Arrangements

If parents are unable to agree on where the child/children will live and when they’ll spend time with each parent, the next step will be to go through the courts.

A family mediator can also be instrumental in helping a decision and agreement to be made.

What is Sole Residency?

If you consider filing for sole residency, it is crucial to know the different types and what is involved.

Types of Sole Residency

There are two types of sole residency:

  • Sole legal residency –This involves one parent holding complete decision-making authority for the child.
  • Sole physical residency – This involves the child living with one parent, with the other parent receiving visitation rights.

Court Orders

Filing for sole residency will involve filling out the relevant court order.

The type of court order parents will need depends on the exact details of what they have been unable to agree on, and numerous court orders can be applied for at once.

The types of court orders concerning residency arrangements were previously known as ‘residence orders’ and ‘contact orders.’

These have since been replaced by a ‘child arrangements order,’ which decides the following:

  • Where your child will live
  • When your child will spend time with each parent
  • When and what other types of contact will take place, such as phone calls

If parents already have an existing residence or contact order in place, there is no requirement to reapply with a new child arrangements order.

Applying for a Court Order

There are a number of steps to take to apply for a court order:

  • Fill in a C100 court form. Within this form there must be evidence that you have attended a meeting about mediation first. This is exempt in certain circumstances, such as in domestic abuse cases.
  • Send the form to the nearest court dealing with child cases, together with the fee of £215.
  • If you are on a low income or receive benefits, you may be eligible to receive financial help with the fees.

The Court’s Decision

Once your child arrangements order has been received by the court, a directions hearing will be arranged by the court for both parents to attend.

A family court adviser from the Children and Family Court Advisory and Support Service (Cafcass) is likely to be present at the hearing.

If an agreement cannot be made during the first court hearing, this will lead to the judge or magistrate setting a timetable outlining what will happen next.

It is important to remember that the court will make the child’s welfare its absolute first priority, and this will be the deciding factor in determining who will receive sole residency of your child/children.

About Haroop

Haroop Ahluwalia is a London divorce solicitor at Cordell & Cordell.

He has significant experience in both property and family law. The opportunity to work closely with clients, guide them through each step of the divorce process and help level the playing field in the UK divorce courts is why he chose to practise family law exclusively.

 

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Save a Man from Killing Himself – Four Life Events That Can Lead Men to Kill Themselves

Tim Patten
Tim Patten
Author

Men struggling with issues of identity, purpose and societal expectations have a hard time getting the help they need.

Unlike females, who have various resources at their disposal–many of them free–including women’s studies initiatives, government outreach efforts and nonprofit support programs, males have few places to turn.

In most cases, the only assistance available is what they glean from certain publications or at websites where individuals who have been similarly affected offer support and insights.

For men who feel overwhelmed, being able to learn from and interact with those who are knowledgeable about or who experienced tragedies of their own can be a true lifesaver–literally.

In fact, the lack of understanding regarding issues that have spurred an ever-growing rate of male suicide are one reason why millions of men are connecting with movements like the Red Pill, Herbivore Men and Men Going Their Own Way (MGTOW).

Unfortunate, the fact that so many men are reaching like this hasn’t led to more widespread awareness about the immense struggles they face.

Around the world, men are killing themselves, and yet there are plenty of people, such as Huffington Post writer Jane Powel, who don’t know why. According to Powel, “There are speculations on why men commit suicide, theories but no actual nuggets.” However, if she took the time to look carefully, she might understand why things have gotten to where they are.

Sadly, her ignorance exemplifies that of society in regard to men and their place in today’s society.

There are, of course, many reasons why young men take their own lives. In some cases, it reflects the fact that they can’t come to terms with a gay or transsexual identity.

Some are veterans who faithfully served their country but who were left scarred by mental or physical health issues or simply left out in the cold when they exited the military. Others are the downtrodden and the homeless, unfortunate souls whose feelings of hopelessness and despair have forced them to give up on life.

But while these are the rationales that many are familiar with, they are not the only ones. They don’t reflect the pain that tears at the hearts of a great many men–cisgendered straight males, in particular–who have been experiencing the dark realities of relationships with women, raising families, and playing roles imposed on them.

By learning about the issues that have contributed to the suicide epidemic and using that knowledge in a positive way, we may be able to help save someone we care about from their own demise.

Four Life Events That Can Lead Men to Kill Themselves

For the most part, the circumstances that have fostered this disturbing state of affairs can be broken down as follows:

  1. When men get married.

Men and women tend to assume different roles when adjusting to life as a couple. Men are expected to work and do whatever is necessary to make partners happy. Women have various duties they are responsible for, which may involve going to work, overseeing the home, or both.

Typically, women negotiate relationships within the family, largely through verbal communication. However, that role often devolves into something harmful, where the goal is not to communicate but to control and manipulate. Experts say that toxic communications, such as when one person repeatedly nags another, can sink a relationship–or worse.

 Men to Kill ThemselvesIn fact, evidence suggests verbal aggression, bickering and daily arguments can have a seriously detrimental effect on men, perhaps because they tend to be results-oriented, and don’t benefit from venting their feelings through social interaction in the way that women do.

Because men are preoccupied with others’ needs and are not communicative by nature, they often bottle things up and don’t share feelings with close friends or family, which can have adverse consequences.

In one study, Dr. Rikke Lund and colleagues from the University of Copenhagen followed 9,875 Danish men and women, aged 36 to 52, for 11 years.

Over that period, 196 of the adults died from causes that ranged from heart disease and cancer to alcohol abuse-related liver disease and suicide.

Men who said they faced “endless” demands from partners or who said things like “she won’t stop talking” with respect to partners were more than twice as likely to become ill and resort to suicide as the group overall.

  1. When married men lose their job or a career.

Reports indicate that age discrimination, downsizing and outsourcing have had an outsized impact on middle-aged white men.

The experience can be a dark, shameful and traumatic, engendering despair, depression and suicide. This stems from the fact that in many families, men are seen as a disposable utility whose primary mission is to cover bills, food, shelter and basic survival.

Males are also assigned a Mr. Fixit role, responsible for repairing leaky pipes and attending to their partner’s emotional grievances–they are the shoulder to cry on.

But with this perspective comes the damage caused when that role disappears.

The loss of a job can destroy a man’s self-worth because it is closely tied to his work identity. Regardless of how or why it occurs, it can lead to a situation where family roles are reversed.

When that happens, he needs a soft, supportive shoulder and not to be told to “man up.” Without the coping skills necessary to adjust, males can fall into a dark place and contemplate ending it all.

  1. When men divorce from their wives.

Every year, almost 800,000 American men are divorced; since no-fault divorce laws were enacted in 1970, over 50 million have endured oppressive splits initiated by their wives.

Many husbands willingly put noses to the grindstone and dedicate themselves to providing for the home, cars, clothing and vacations. But wives are often quite willing to give that up, claiming they are unhappy, and seek custody of the children, half his assets, and child support payments.

When dropped into this bleak, dark vacuum, alone and often without any warning, many men find no one to turn to for support. Research indicates that they are four times more likely to kill themselves if they don’t get help.

  1. When men fight for child custody.

When there is a divorce, it is not uncommon for a horrendous child custody mêlée to ensue.

Up to 70 percent of soon-to-be-ex-husbands will be accused of having engaged in physical or sexual abuse, including molesting and raping their own children. While almost all of these sordid charges will be false, men must endure a painful and humiliating adjudication process or risk losing their parental rights.

Even actor Brad Pitt was left feeling dumbstruck and anguished when accused of abusing his children amid a bitter split with his famous actress wife.

Unfortunately, even when husbands persevere and are proven right, it doesn’t necessarily mean much. Data indicates that women gain custody 60% of the time, which suggests the system is inherently biased against them.

Needless to say, men who lose access to their children experience hopelessness and despair. For many, the final straw comes when somebody they don’t know is allowed to raise their sons and daughters with their ex-wives, leaving many believing that taking their own lives is the only option.

Help Your Man from Killing Himself

Fortunately, things don’t have to end badly. Being aware of the issues and the potential consequences can go some way toward preventing something tragic from happening–before it’s too late. To ensure such a fate doesn’t befall a man you care about, consider the following steps:

  1. Be aware of his situational demeanor. Is he giving away prized possessions, increasing drug or alcohol abuse, or withdrawing from relationships with friends, hobbies and social activities? Has he lost interest in his personal appearance? If he is trying to make such a heavy decision, his thoughts may spin as though moving through different channels. He may dwell or communicate about death, uselessness or suicide in various creative forms, including poetry, music, art, or writing.
  1. Avoid certain natural reactions. Do not panic, criticize or react with drama or anger in the face of such circumstances. Avoid your own self-chastisement and don’t get caught up in the crosscurrents that can swirl through our minds, including:
  • men-to-kill-themselves“How could he do this to me (or us)?”
  • “I have to keep this secret.”
  • “Didn’t I love/watch/listen to him enough?”
  • “Will they try again?”
  • “If I pretend this didn’t happen, it will go away.”
  • “He is just trying to get attention.”
  • “This is not my problem – someone else can deal with it.”

 

  1. Secure the environment. Remove all knives, weapons, pills and guns, as these are the means by which people commonly kill themselves.
  1. Establish a connection. Prepare yourself to speak with him and consider what actions you might need to take. Communicate with him on his terms: if he is a problem-solver, athletic coach-type, or a Mister Fix-it, he may not respond or react well to touchy-feely questions and statements emanating from the feminine side of the brain, including:
  • “How are you feeling?”
  • “Share your emotions.”
  • “You look moody.”
  • “Why won’t you open up to me?”
  • “Can we talk about you?”
  • “How you doing?”

Instead, take into account how the masculine brain works and consider moving in a different direction. Among the things you might want to ask or say are:

  • “When did you start seeing an end?”
  • “Have you figured a way out?”
  • “Are there alternatives you’re considering?”
  • “What are you trying to solve?”
  • “Is there a way out of this situation?”
  • “Where is the end of the rope?”
  • “You’re not alone let me help decide what to do.”
  • “Tell me when you’re ready to give up.”
  • “Have you had enough?”

Hopefully, he will open up, and maybe even admit, “Yes, my life is over.” But that doesn’t mean you should tell him he is wrong or flip into caring and supportive mode. Instead, just keep talking. Probe him with questions such as “When will you do it?” and “What’s the plan for ending it?”

Allow him to experience the full impact of his thoughts and words. Eventually, as the gravity of what he has in mind sets in, his mood should change.

At that point, ask him if he needs help.

Getting Help

Remember, time heals most, if not all wounds. Situations change and when they do, so will his mood. If the issues are largely financial, there will almost certainly be some sort of safety net available–staying with a friend or relative, working things out with those who can supply critical necessities, or even applying for welfare and food stamps.

Of course, as long as he appears vulnerable, don’t leave him floundering on his own.

Stay in contact, keep tabs on what he is up to and, most important, talk to him. If you sense that things have reached a more troubled state, take action and encourage him to seek professional help.

If he has a therapist, put in a call–on an emergency basis, if possible. Otherwise, encourage him to see a qualified male psychologist who can assist him with life decisions, rather than a psychiatrist who may only be interested in giving him medications. While it can be difficult to intervene, try to discourage him from taking anything but anti-depressants.

Should there be any sign at all that his situation is becoming critical, have him contact a local suicide line; alternatively, he can try the national suicide hotline number at 1-800-273-TALK (8255) or The Samaritans on 116 123 (UK) .

If that doesn’t work, contact 911 or 999 in the UK and ask for immediate assistance. Medical professionals may decide he needs to be in a secure setting for his own protection. While he may not be happy about this, which might even involve a hold of three days or longer, it is certainly better to see him upset than gone for good.

Find more information here. After such disturbing events, some men have tapped the online MGTOW community for ongoing support, healing and comradery. Encourage him to do the same.

About the Tim

Tim Patten has published the handy investment guide: MGTOW, Building Wealth and Power.

He also wrote WHY I CHEAT – 11 campfire stories for men’s ears only. Both books are a celebration of masculinity and pay homage to the modern men’s liberation movement. Patten previously published a novel about establishing gender equality in professional sports, Roller Babes: 1950s Women of Roller Derby. His coming out biography is titled My Razzle Dazzle and published under the pen name Todd Peterson.

How To Calculate Child Maintenance

How To Calculate Child Maintenance – Free Child Maintenance Calculator

Haroop Ahluwalia Divorce Solicitor Cordell & Cordell
Haroop Ahluwalia
Divorce Solicitor
Cordell & Cordell

According to research from parenting charity Gingerbread, the total amount of unpaid Child Maintenance stands at nearly £4 billion.

Organising Child Maintenance following a divorce or separation can seem like a daunting task. But with the right information at hand, you’ll feel confident setting the process up.

With that in mind, we’ve gathered all of the essential information you need to know about Child Maintenance and how to calculate how much is due.

The Importance of Child Maintenance

Child Maintenance helps to ensure your child’s welfare isn’t affected following the split from your partner. The weekly payment can be used for food, clothing, and general living costs for your child. Child Maintenance helps to alleviate any concern parents may have about how to care for their child after the separation.

How Do You Apply For Child Maintenance?

Before you submit your application for Child Maintenance with the Child Maintenance Service (CMS), it is advisable to talk to Child Maintenance Options (CMO).

They will talk through all of the available payment options and help you to identify the best one for you based on your circumstances.

After your payment method has been chosen, CMO will provide you with a reference number that you need in order to submit your Child Maintenance application. You will also need to provide information about your child, contact details for both parents and their bank details.

What Factors Are Taken Into Consideration?

A number of different factors are taken into consideration when Child Maintenance is calculated.

The CMS will ask you a series of questions to determine how much Child Maintenance is due. These include:

  • Your age
  • Your gross weekly income (This is prior to Tax and National Insurance deductions but post-pension contributions)
  • If you receive any benefits
  • How many children you will be paying Child Maintenance for
  • The number of other children that live with you
  • How often your child stays with you overnight

Calculating Child Maintenance

The process of calculating Child Maintenance doesn’t need to be daunting. Leading international family law firm Cordell & Cordell has created a Child Maintenance Calculator to give you an indication of what you or your ex-partner can expect to pay.

Free Child Maintenance CalculatorYour age can make a big difference to the application process. Parents younger than 16 are not eligible for Child Maintenance.

Your gross weekly income will determine which tax band the calculator places you in. However, as per Government legislation, it’s worth noting that there is an income cap of £3,000 per week. Any income over this amount will not be taken into account.

Benefits also have an impact on the amount of Child Maintenance due. If you receive certain benefits, you may be classed as ‘flat rate’ and be given the minimum amount to pay, or you may not be eligible at all.

The number of children you are paying Child Maintenance for is also taken into consideration. A reduction is then applied to the working figure based on the number of children.

A further percentage reduction is then applied if you are supporting other children in your household – for example, your new partner’s child.

The number of nights that your child stays overnight with you helps to determine the status of shared care with your ex-partner. The calculator will use all of the above data and estimate how much Child Maintenance is due per week.

The figure the calculator provides is an estimate so it’s advisable to refer to the CMS for more information.

What if a Payment is Missed?

If a payment is missed or not paid in full, the CMS is within its rights to obtain the money owed by a number of means.

These include:

  • Deductions from the paying parent’s salary
  • Money owed taken from the paying parent’s bank account
  • Instruction to bailiffs to collect goods from the paying parent’s home to the value of the money owed
  • Imprisonment

With the above consequences in mind it’s important to make sure that you or your ex-partner can keep up with the payments when applying for Child Maintenance.

It’s also equally important to inform HMRC and the CMS of any changes to your circumstances. Things that you can take for granted such as changes in salary increases or benefits you receive can have a major impact on the amount of Child Maintenance that should be paid.

Author Haroop

Haroop Ahluwalia is a London divorce solicitor at Cordell & Cordell.

He has significant experience in both property and family law. The opportunity to work closely with clients, guide them through each step of the divorce process and help level the playing field in the UK divorce courts is why he chose to practise family law exclusively.

You can contact Haroop on 0330 60 60 161 or by visiting http://cordellcordell.co.uk/.

 

Can I Force my Ex to Stick to our Parenting Plan?

Karim Assad
Karim Assad
Divorce Solicitor
Cordell & Cordell

Is there anything a father can do in the case where an ex spouse is preventing him from seeing his children?

Is it possible to force a mother to agree to a parenting plan?

A father who is not getting the contact with his children that he wishes to have, should start a formal action in Court.  The result will be a formal and enforceable order securing his time and presence in his children’s life.

While a parent can not force the other to agree to a parenting time plan, if the parties don’t agree, the matter will be put to the Judge to decide. So, there will be a resulting order securing presence in their children’s lives.

There are of course risks as in every form of litigation that the order arrived at by a Judge may not be as much as a Father thought he expect to receive.

However, times are a changing and with the formal amendment to the Children Act of a presumption that the role of a non-resident is as equally important to the life of a child or children than a resident parent; the presumption being rebuttable on the basis of evidence to the contrary, it is a move to recognise the importance of both parents; in the life of a child(ren).

Can a father prevent an ex partner from moving out of the country with the children?

A father is always able to apply, in circumstances where he has a genuine concern that his child(ren) will be removed to another country to prevent that course from occurring by applying to the court for an order to prohibit such removal.

That matter will of course be returnable to the court and ultimately the court may have to decide the issue as to whether the removal either temporary or longer term of any child is in that child’s best interests.

What is important to note also here; is that if there are already child arrangements orders in place for a child already, there can not be removal of a child without a Father’s consent for a period of longer than 28 days.

Karim Assaad is a London divorce solicitor at Cordell & Cordell. He has a wealth of knowledge and experience practicing family law, owning a proven record of providing indispensable advice to clients and delivering positive outcomes for them.

not paying child maintenance
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Not Paying Child Maintenance? Then Read this.

Karim Assad
Karim Assad
Divorce Solicitor
Cordell & Cordell

If a parent fails to pay child maintenance he can be sanctioned (punished) by the Court in many ways and those are often sanctions with far reaching consequences.

On the  making by the Magistrates Court of a liability order for the sum not paid in child maintenance, the options available for enforcement include:

  • Deductions from earnings order. This is where a persons employer will be ordered to deduct a certain amount automatically from the employees salary and those amounts will be paid directly to the Child Support Agency
  • Deductions from paid benefits
  • Disqualification from driving
  • Imprisonment
  • Sale of Property
  • And even, in some circumstances, taking arrears from the estate of a person who has died.

This is a very serious matter. If men find themselves unable to pay their support, they must ask for a detailed breakdown of the calculation arrived at by the CSA or ultimately by the Court if enforcement proceedings have commenced.

An application can be made, just like with any other debt for instalment orders and it is entirely possible for there to be an application made to downward vary the amount being enforced, if certain circumstances have either been ignored or overlooked by the CSA which would have a material affect on the sums payable.

Oral agreements need to be filed with the Court and made an order, or they mean very little.

In summary, men need to pay what the order says, or get the order changed.

Karim Assaad is a London divorce solicitor at Cordell & Cordell. He has a wealth of knowledge and experience practicing family law, owning a proven record of providing indispensable advice to clients and delivering positive outcomes for them.

Click here for the Child Maintenance Calculator

prenup definition

Child Custody and the Prenup

Karim Assad
Karim Assad
Divorce Solicitor
Cordell & Cordell

The Divorce Magazine recently got a reader’s question through regarding child custody and the prenup.  The enquirer wanted to know if, in the event of a divorce, child custody, child arrangment or guardianship can be included in the prenuptial agreement.

We put this question of child custody and the prenup through to Karim Assaad and this is what he responded that pre-Nuptial agreements should not be used when considering the arrangements for a child, as the interests change over the course of time.

Matters may arise which would render any agreement reached in relation to children by way of a pre-nuptial agreement entirely unsuitable and inconsistent with the best interests of a child or children of the family.

The best course of action if one finds himself not getting the time and contact with his children he believes is best, is often to simply start a formal action and get the process moving toward an enforceable order.

 

Karim Assaad is a London divorce solicitor at Cordell & Cordell. He has a wealth of knowledge and experience practicing family law, owning a proven record of providing indispensable advice to clients and delivering positive outcomes for them.

 

Child maintenance uk
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What Fathers Need to Know About Child Maintenance UK

Karim Assad
Karim Assad
Divorce Solicitor
Cordell & Cordell

Whatever stage of the divorce process you are at, one thing remains the same: as a parent your children always come first. So it is very important to familiarise yourself with how you can help support them emotionally, but also financially.

Here we take a look at fathers’ rights regarding child maintenance UK.

About Child Maintenance UK

Also known as child support, this refers to the amount of money you are responsible for contributing to your child’s upbringing. Child maintenance is paid to the person that takes care of the child on a day-to-day basis.

How much you pay depends on whether the child lives with you and how often they stay with you overnight. Family law assigns a title to each parent: the parent with care (PWC) and the non-resident parent (NRP).

If you have a dispute about whom your child or children should live with, this must be resolved in a family court. If equal child arrangements are granted, each parent is still assigned the aforementioned title of PWC or NRP. The non-resident parent is responsible for providing child maintenance for their child. This can be paid directly to your ex-partner or a third party living with the child or guardian.

What Are Your Rights as a Father?

Women gain automatic responsibility for their child when they give birth. For men it isn’t as straightforward.

You have rights as the father of your child if:

  • You and the child’s mother are married.
  • Your child was born after 1st December 2003 and you are cited as the child’s father on the birth certificate.
  • Your name was later added to the birth certificate as the father.
  • You previously signed a Parental Responsibility Agreement.
  • You have been granted parental responsibility or an Order of Residency by a Magistrate, a Justice of the Peace or the Family Court.

Arranging Child Maintenance Outside of a Demand by the Child Support Agency

What Fathers Need to Know About Child Maintenance uk
Know your rights about Child Maintenance UK

If you and your partner still have an amicable relationship, it may be worth arranging your child maintenance out of court. This private agreement is classed as a ‘family-based arrangement’. It’s imperative that both you and your ex-partner make a copy of the signed document. This way you can come back to the agreement if a payment dispute is raised.

However, the private option isn’t for everyone. If you can’t come to an agreement, it is best to go through the formal route with the Child Maintenance Service (CMS).

How to Apply for Child Maintenance

It’s worth talking to Child Maintenance Options before you submit your application with the CMS. They will discuss the different choices available and help find the right one for you and your ex-partner.

The child maintenance can be paid to the parent responsible for caring for the child on a regular basis. This option is known as Direct Pay.

It’s also possible to pay the child maintenance directly to the CMS, who will then pass this on to the parent taking care of the child on a day-to-day basis. Unlike Child Maintenance Options, CMS is a paid service.

Calculating Child Maintenance

Family finances can be a challenge at the best of times, so it can be difficult to calculate how much child maintenance needs to be paid following a divorce.

That’s where the CMS can help. With financial information provided by both parents, they can determine how much child maintenance is due. The CMS may also draw information from other sources, like current employers and HMRC.

For more information on how child maintenance is calculated, visit the Child Maintenance Service site.

Failing to Make Payments

It’s important to make sure that you can keep up the regular child maintenance payments. A failure to make payments is likely to have an impact on your child’s welfare. The CMS may take the following steps to retrieve the unpaid funds:

  • Deduct money from your salary, benefits or bank account
  • Instruct bailiffs to remove goods from your home to the value of the amount owed (England and Scotland)
  • Revoke your driver’s licence
  • Imprisonment

 

Karim Assaad is a London divorce solicitor at Cordell & Cordell. He has a wealth of knowledge and experience practicing family law, owning a proven record of providing indispensable advice to clients and delivering positive outcomes for them.

You can contact Karim on 0330 60 60 161 or by visiting http://cordellcordell.co.uk/.

 

Child Maintenance UK Number – 0800 028 7439

Child Support Agency UK – www.gov.uk/child-maintenance/overview