Cohabitation - Page 4

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Marriage is going 'out of fashion' today's Census reveals
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Marriage is going ‘out of fashion’ today’s Census reveals

Published on
Abby Buckland
Abby Buckland
Family and Divorce
Partner
Kingsley Napley

The latest Census on marriage and civil partnership status in England and Wales, released this morning, shows that the number of people getting married is at the lowest rate on record and the median age of those getting married is increasing.

The data also suggests a divergence of approach to traditional relationship structures between generations. While more people are choosing not to marry or form a civil partnership at all, this is being seen in a far greater proportion in younger age groups.

The biggest increase in this trend is evident in the 25 to 29 years age group, where 73.9% chose not to marry or be in a civil partnership in 2011 rising to 84.2% in 2021. The increase for those aged 30 to 34 years was from 49.2% to 58.9% between 2011 and 2021.

Today’s data confirms that marriage is falling “out of fashion”. These statistics should add weight to the importance of the Government bringing proper focus to the rights of cohabiting couples.

Disappointingly, reform in this area was effectively shelved by the Government at the end of last year, a decision which, this data shows, could leave huge numbers of individuals without effective legal protections should their relationships end.

Click here for more articles from Kingsley Napley

About Abby Buckland

Abby is a Partner in the Family and Divorce team in Kingsley Napley who undertakes matters involving all aspects of private family law and in particular complex financial issues and private children cases.

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Why Court Should be the Last Resort When Divorcing

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Lisa-Marie
Lisa-Marie Leanders
Partner
Nelsons Solicitors

At the beginning of 2022, it was predicted that divorce rates could surge by more than 50% in the UK. The impact of pandemic lockdowns, pressures due to the cost of living increases and changes in legislation such as the no-fault divorce, could all be contributing factors to this.

A top judge has recently raised the issue that around one-fifth of divorces are wrongly ending up in court, which results in a lengthy legal process that could be harmful for those involved. Here, we discuss how the courts can be avoided when obtaining a divorce.

Going to court can be a grizzly affair that can leave both parties worse off than if they avoided it altogether. And contrary to what might seem typical, there are other, better ways to facilitate separation from a spouse than by ending up in the courtroom. Here are some top tips to avoiding the courts during divorce proceedings:

Explore the other options open to you

Family mediation has the aim of encouraging separating couples to sit down together, work out solutions to the financial and/or children-based issues that can arise as part of a divorce, and reach an amicable agreement that suits both parties.

Other processes that can be used to avoid court are collaborative law, where each party selects a specialist family solicitor and engages in a series of four-way meetings to try to reach an agreement. Another process is arbitration, which involves the couple agreeing to put their case to an arbitrator who is appointed to settle the matters in dispute, much like a judge.

There are a number of advantages to pursuing alternative dispute resolution methods and keeping matters out of court. Firstly, it can help all members of the family unit – including, most importantly, the children – move on to the next stage of their lives more quickly.  Secondly, it is not as adversarial as court processes can be, meaning it’s more likely that the parties will be able to maintain important family relationships after the divorce is concluded.

Communication is key

It is normal to feel intense emotions when going through a divorce, but it is important to try and keep these out of the proceedings. Clear communication throughout helps to ensure court can be avoided in order to reach an amicable and swift separation agreement.

Shortening the process also means there’s less time and opportunities for unpleasant feelings to develop and grow, making it easier to move on from the divorce and keep a level of civility which is particularly important for any dependents..

Be realistic

It’s important to understand that by avoiding court, it is the parties who achieve their own settlement. As such, this offers couples peace of mind that, from the very beginning of the process to the conclusion, they are in charge and retain an element of control over the outcome.

However, it is also important for the client to have realistic expectations of what they are entitled to during divorce proceedings, to ensure a swifter agreement is reached, without needing to take it to court. If you are unsure of what to expect, it can be a good idea to talk to a legal professional before the divorce proceedings or any financial negotiations start.

Ultimately, avoiding litigation can help to settle differences without the hostility that can be brought about by court proceedings, which is especially important if there are children involved, as well as providing a quicker process to help the couple move forward with their lives.

Click here for more articles by Lisa-Marie

About Lisa-Marie

Lisa-Marie is a Partner and Solicitor. She qualified as a Solicitor in 2003, was part of the Nelsons’ expert Family Law team from 2010 to 2016 and rejoined the team in December 2020.

Lisa-Marie specialises in family law and advises on divorce and financial settlements which involve complex issues and substantial assets. She also advises on pre and postnuptial agreements, separation agreements and cohabitation agreements along with private law Children Act disputes. Lisa-Marie is a qualified collaborative practitioner.

 

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Solicitors still key to successful separation, despite introduction of ‘no-fault’ divorce 

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Megan Bennie
Megan Bennie
Family Law Solicitor
Furley Page

While it may be tempting to think that no-fault divorce makes lawyers unnecessary to the process, this is far from the case. Taking advice from a solicitor, even if it’s only a single appointment early in the process, can ensure any application starts off correctly and stays on the right track so that it is ultimately concluded in a way that is as efficient and stress free as possible. 

Following the introduction of ‘no-fault‘ divorce in April 2022, one or both spouses now simply need to confirm the marriage has broken down irretrievably. The language used has been simplified and the forms are now accessed through an online portal, which has made the application process for divorce (or dissolution where there is a civil partnership) a lot more straightforward. 

Nevertheless, for most separating couples the divorce application is only one part of the separation process, and sorting out finances and child arrangements can prove much more contentious and challenging.  

Financial matters, particularly the daunting prospect of safeguarding one’s long-term financial future after separation, can be a hugely emotive topic. Many people find that having a solicitor as a ‘buffer’ between themselves and their former partner can help them manage the separation and financial negotiation process a lot more easily. 

Furthermore, a solicitor can be very helpful in dealing with the many complex rules and guidelines that determine what a court would consider a fair financial settlement in that family’s particular circumstances.

As the online divorce process does not formalise the financial settlement, a separate court order (known as a consent order) will still be required, which needs to be properly drafted by a solicitor and approved by the court, even in cases where there is agreement between both parties. A solicitor will also ensure that all aspects of the settlement have been considered, including tax implications and pensions. 

One of the primary concerns our clients have is making suitable, fair arrangements for the care of their children, both in terms of how they will deal with the relationship breakdown and what living arrangements will be put in place thereafter. 

A solicitor can negotiate on their client’s behalf in relation to child arrangements and support them through the court process if this becomes necessary, although for most family’s mediation led by an independent, specially trained third party will be the most suitable route for resolving matters concerning children.  

The best outcomes are achieved through cooperation as, for the most part, separating couples want the same thing: a fair division of their finances to be completed swiftly so they can move forward with their lives. Instructing solicitors who are committed to resolving disputes in a swift, constructive and, if possible, amicable way can make a huge difference to outcomes, costs and stress levels. 

Click here for more articles by Megan

About Megan

Megan Bennie is an Associate in the family law team Furley Page.

Megan joined the team in 2021, having gained valuable previous experience at specialist family law firms featured in the Legal 500 directory.

Megan advises on all aspects of relationship breakdown, whether divorce or separation, including in relation to civil partnerships, dealing with issues such as the appropriate division of finances.

Megan also assists couples seeking to formalise arrangements through pre and post nuptial agreements and cohabitation (or living together) agreements. She can also assist with legal issues arising when cohabitation comes to an end whether there is a cohabitation agreement in place or not.

Megan can provide legal advice on a wide range of areas relating to children including arrangements for contact and who a child lives with, where a child lives (including relocation to another jurisdiction) and in relation to special guardianship and adoption.

Megan is primarily based at the Chatham office but is also available for meetings at either the Canterbury or Whitstable office.

 

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UK couples turning to 'pet-nups' to help resolve disagreements over pets when relationships break down 
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UK couples turning to ‘pet-nups’ to help resolve disagreements over pets when relationships breakdown 

Published on
Megan Bennie
Megan Bennie
Family Law Solicitor
Furley Page

With around 60% of UK households owning a pet, it’s no surprise that who gets custody of any animals can be a key area of negotiation when relationships break down. 

For many people a pet is not just an animal, it’s a fully-fledged member of the family, so it’s no wonder that pets can be a particularly emotive topic for clients when relationships end. Unfortunately, a pet’s treatment by the law hasn’t kept up with the way they are generally viewed by their owners. 

In the UK, the law treats pets as possessions, meaning in a divorce case, a beloved pet would, in theory, be treated by a Court as no different from an armchair or television. 

In reality, the Courts rarely deal with cases regarding pets for a variety of reasons, notably the cost of bringing legal action. When the Court does deal with animal matters, its focus is generally on who is the legal owner or provides the majority of the animal’s care.  

For most people, cases are settled away from the Courtroom through direct discussions between the adults involved, with the needs of the pet and the wishes of any children in the family ideally being a consideration too.  

Some couples are also using ‘pet-nups’ to pre-empt or avoid difficult issues that could arise should a relationship break down. Although not legally binding, the pet-nup can be an essential tool in avoiding stressful and expensive disputes at a later date and keeping the matter out of the Courtroom, and could be taken into consideration if the matter were to end up in Court. 

Where issues can’t be resolved directly or there is no pre-existing agreement, a lawyer can help by negotiating on a client’s behalf to try to ensure they achieve what they want for their pet, whether that’s continued ownership, visitation, or just to know the pet will be well cared for. 

Mediation is another option, whereby an independent third party can help a former couple to work their way through the issues around pet ownership in much the same way they would with issues relating to children of finances. 

Click here for more articles by Furley Page

About Megan Bennie

Megan Bennie is a family law solicitor at Furley Page.  Megan joined the team in 2021, having gained valuable previous experience at specialist family law firms featured in the Legal 500 directory.

Megan advises on all aspects of relationship breakdown, whether divorce or separation, including in relation to civil partnerships, dealing with issues such as the appropriate division of finances and ongoing arrangements for children.

Megan also assists couples seeking to formalise arrangements through pre and post nuptial agreements and cohabitation (or living together) agreements.

Megan is primarily based at the Chatham office but is also available for meetings at either the Canterbury or Whitstable offices.

www.furleypage.co.uk

 

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Concerns raised that Depp/Heard trial could discourage domestic abuse survivors from seeking help 
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Concerns raised that Depp/Heard trial could discourage domestic abuse survivors from seeking help 

Published on
Megan Bennie
Megan Bennie
Family Law Solicitor
Furley Page

There are concerns that the ongoing defamation case between Johnny Depp and Amber Heard in the USA is creating an atmosphere that might discourage domestic abuse victims in the UK from coming forward to seek help. 

Depp is suing his former wife for defamation following a newspaper article in which she identified herself a victim of domestic abuse, despite the article not explicitly naming Depp. Amber Heard is counter-suing her former husband, also for defamation. 

The American proceedings have been very public and have seen a huge wave of support for Johnny Depp, and positively venomous coverage of Amber Heard and the evidence she has given, despite the proceedings not even having concluded.    

Family lawyers in this country have watched with increasing concern for victims of domestic abuse seeking help here.  Anecdotal evidence suggests the hearing has made victims reluctant to seek help, fearing matters of a very sensitive and private nature could be made public and potentially expose them to harm or ridicule.  

This is very concerning, as it is essential that the victims of domestic abuse are able to seek support. Fortunately, cases are dealt with very differently in the Family Court to the proceedings being shared from the current Depp/Heard trial.

For example, in the UK Family Court hearings about children and domestic abuse are not attended by members of the public or the media, only the people directly concerned can attend together with their legal advisers. There is no jury and a Judge will make the final decision in the case.    

So-called ‘special measures’ are available for the victims of domestic abuse to shield them from their abuser during a hearing or when giving evidence.

Unlike with the Depp/Heard trial, the content of the Family Court proceedings is private and the way questions are put to witnesses is very different.  

Written evidence is only supplemented by oral questions and answers where it is strictly necessary and, where oral evidence is required, the alleged abuser will not be allowed to directly question the alleged victim.

The questions that lawyers can ask must be necessary to progress the case and should be put in a courteous manner to both parties. Family Court hearings are usually very brief, with most lasting less than a day. 

The first step in tackling domestic abuse is speaking to someone, so it is very worrying to hear that some victims may feel unable to come forward to seek help as a result of the ongoing Depp/Heard defamation case.

Fortunately, in the UK Family Court measures are in place to ensure confidentiality and safety for those concerned.

Click here for more articles by Furley Page

About Megan Bennie

Megan Bennie is a family law solicitor at Furley Page.  Megan joined the team in 2021, having gained valuable previous experience at specialist family law firms featured in the Legal 500 directory.

Megan advises on all aspects of relationship breakdown, whether divorce or separation, including in relation to civil partnerships, dealing with issues such as the appropriate division of finances and ongoing arrangements for children.

Megan also assists couples seeking to formalise arrangements through pre and post nuptial agreements and cohabitation (or living together) agreements.

Megan is primarily based at the Chatham office but is also available for meetings at either the Canterbury or Whitstable offices.

www.furleypage.co.uk

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Couples still need lawyers to arrange financial settlements despite ‘No Fault’ divorce reforms
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Couples still need lawyers to arrange financial settlements despite ‘No Fault’ divorce reforms 

Published on
Megan Bennie
Megan Bennie
Family Law Solicitor
Furley Page

Financial settlements remain contentious during divorce proceedings, despite new ‘no fault’ reforms designed to simplify the separation process.

It remains essential for couples to seek professional legal advice when dealing with financial issues during their divorce.

The new no fault divorce system will improve couples’ ability to deal with divorce in a co-operative and constructive manner, which is certainly welcome, and couples now have the opportunity to apply jointly to the Court via the new online platform and to handle to process together.

However, there are still a number of areas in which using a lawyer will be highly advisable, particularly where financial matters are concerned. Despite efforts to simplify the process, the way finances are dealt with during divorce remains complex. There is a long list of factors to take into consideration, as set out in the Matrimonial Causes Act 1973, Section 25.

It is essential to get a good understanding of your financial rights and obligations as soon as possible. Entering into negotiations without first understanding what you might be entitled to, or required to provide, can create an unrealistic expectation on your spouse’s part that they could struggle to move on from, even if they then take professional advice at a later stage.

It is also advisable to settle financial matters within the divorce process because once the final order is made, entitlements to certain financial benefits as a spouse will cease immediately.

Furthermore, to have the financial settlement formally concluded it will need to be drawn up by a family solicitor in such a way to ensure the terms are approved by the Court and are formally binding on each spouse.

The Divorce, Dissolution and Separation Act 2020 came into force from 6 April 2022 and introduced wide-ranging reforms. Under the new system, the acrimonious conduct allegations, and need to evidence separation, have been replaced by a simple statement of irretrievable breakdown.

Click here for more articles by Furley Page

About Megan Bennie

Megan Bennie is a family law solicitor at Furley Page.  Megan joined the team in 2021, having gained valuable previous experience at specialist family law firms featured in the Legal 500 directory.

Megan advises on all aspects of relationship breakdown, whether divorce or separation, including in relation to civil partnerships, dealing with issues such as the appropriate division of finances and ongoing arrangements for children.

Megan also assists couples seeking to formalise arrangements through pre and post nuptial agreements and cohabitation (or living together) agreements.

Megan is primarily based at the Chatham office but is also available for meetings at either the Canterbury or Whitstable offices.

www.furleypage.co.uk

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Going through Divorce? On what grounds can you get a non-molestation order?
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Going through Divorce? On what grounds can you get a non-molestation order?

Published on
Anna Sutcliffe
Anna Sutcliffe
Senior Family Law Executive
Jones Myers

This article addresses key questions on Non-Molestation Orders including how to obtain one and, depending upon the circumstances, how to have one removed.

What is a Non-Molestation Order?

A Non-Molestation Order is a type of injunction that victims of domestic abuse can apply for.

It prevents your abuser from threatening or inflicting further violence or threatening behaviour upon you.

How do I get a Non-Molestation Order?

It is only possible to apply for a Non-Molestation Order if you can prove that you fall under the category of being an associated person.

This means that your relationship with the person against whom you are seeking the Order must fall within one of the following seven categories:-

  • you have been – or are – married to each other
  • you have agreed to marry each other
  • you have been, or are in, a cohabiting relationship
  • you have lived together but not by way of a tenant, lodger, boarder or employee you are having, or have had, an intimate personal relationship with each other which is or was of significant duration
  • you are related
  • you are parents to a child or the associated person has Parental Responsibility for your child
  • you are parties to the same family proceedings (i.e proceedings about children contact etc)

You will then need to complete an application FL401 and prepare a statement telling the Court what has happened and asking for the relevant Order.

The statement should include a Statement of Truth at the end of the document and be dated. If the abuser doesn’t know your address you can apply for it to remain confidential by completing a C8 form.

What if I need an Order urgently?

You can apply for an emergency Order which can be granted by the Court – without giving your abuser notice – for your immediate protection.

After that an “on notice” hearing – giving you and the abuser notice of hearing – will be listed on the first available date so the offender has an opportunity to address the Court. ;

Can I speak to my ex if I have a Non-Molestation Order?

These issues will be addressed by the Court. It is a normal for communication to be allowed in some way when children are involved but this is normally limited to “correspondence about arrangements for children only” or “correspondence through the Applicant’s Solicitors in respect of child arrangements.

What happens if a Non-Molestation Order is breached?  

Breaching a Non-Molestation Order is a criminal offence and the abuser can be arrested and imprisoned for up to 5 years.

How do I get a Non-Molestation Order extended or removed?

Courts usually grant a Non-Molestation Order for 12 months. You can apply for it to be extended or removed by writing to the Court in person, explaining the current situation along with why you want the Order lengthened or removed, and the benefit to you of doing so.

Click here for more articles from Jones Myers Solicitors

About Anna Sutcliffe 

Anna Sutcliffe is a Senior Family Law Executive with extensive experience of family law.

She specialises in divorce and separation and related financial arrangements along with cohabitation disputes and private law children disputes.

Highly experienced in dealing with domestic abuse cases, clients commend Anna’s sensible advice and commitment to achieving the best possible outcomes.

Jones Myers

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can living with a new partner affect your divorce settlement 
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When can living with a new partner affect your divorce settlement?  

Published on
Family Lawyer
Peter Jones
Founder of
Jones Myers
Family Solicitors

The prickly issue of how living with a new partner can affect divorce settlements can vary from case to case and have long-term repercussions on a former spouse.

In divorce proceedings, all ex-spouses are required to be open and transparent about financial disclosures (which include cohabitation) until a financial agreement or order has been agreed by a Court.

This agreement is a contract between the divorcing couple and is invariably made an order of the court. It sets out how any property, finances and spousal maintenance should be shared between them post-divorce.

The Financial Order, also known as a Court Order, sets out the financial arrangements between you and your ex. Approved and issued by a Judge, it makes your terms legally binding.

Here are some examples of how cohabiting with a new partner can impact on financial settlements.

Scenario 1

The ex-husband has been the primary earner throughout the marriage while his former wife stayed at home to look after their children. He meets a new partner who owns her house and earns a good salary.

In this case a Court may consider that the housing arrangements of the husband are resolved and may then give a more favourable view of the wife’s position. It could be her entitlement to remain for a period of time in the property or to receive a more generous share on sale.

The husband will also have less housing costs (as he may be sharing these with his cohabitee) and therefore will have a greater disposable income from which to pay maintenance.     

Scenario 2

A husband and his former wife have undergone divorce and a financial order has been agreed in which she receives maintenance. During the financial settlement process, his ex-spouse fails to disclose that she has been living with a younger man on a low-income.

The Court would need to be satisfied that the wife’s financial situation was much improved by the cohabitee sharing housing costs and she may risk a reduction in maintenance.  If the cohabitee was earning a substantial income, this could also have an impact by a reduction in the maintenance.

Scenario 3

Complexities arise in situations where, for example, a former husband on a good salary has been cohabitating with a new partner who has four children, one of whom is disabled.

There is a conventional view that first families come first.  The husband in this instance was aware of his responsibilities to his first wife and family before he embarked on a second relationship.  However, in this case the Court has a difficult balancing act to satisfy the financial requirements of 2 families.

Key considerations

As an ex-spouse you must give a full and frank disclosure of your financial means to your ex and vice versa right up to the point that the Court Order is approved.

If you start living with a new partner before the financial settlement is agreed or have an intention to do so after the divorce – and have not disclosed the relationship or intention while negotiations are ongoing – your settlement can be changed when it is later discovered.

The outcome could result in a change in the terms of the order and the possibility of paying the court costs.

If you are unsure of your position on cohabitation while divorcing, I urge you to seek advice from an experienced family lawyer.

Click here for more articles by Peter Jones

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, Peter is the current chair of Resolution’s Accreditation Committee, a former national chairman of Resolution and a former Deputy District Judge. www.jonesmyers.co.uk

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What Does "Unreasonable Behaviour" Mean
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What Does “Unreasonable Behaviour” Mean?

Published on
Kerry Smith
Kerry Smith
Head of Family at
K J Smith Solicitors

In the UK, at present, if you want a “no-fault divorce”, then you need to wait at least two years. You may have to wait up to five years. If you want to divorce quickly, then you need to show that you have been the victim of adultery, desertion or “unreasonable behaviour”.

Unreasonable behaviour – the theory

In theory, there are three questions which need to be answered in order to decide if behaviour can be legally deemed unreasonable. These are:

  • What did the person do?
  • What impact did that have on the petitioner?
  • What does the court think of this in the context of the history of the marriage?
  • Unreasonable behaviour – the practice

In practice, the court’s job is to determine whether or not a marriage has irretrievably broken down. This means that they generally take that view that “unreasonable behaviour” is whatever the petitioner says it is unless the other party contests it.

What’s more, the law allows both parties and the courts a little room to manoeuvre. The respondent can choose to state that they disagree with the allegations against them but will not contest the divorce. For the most part, this allows divorce claims to progress in the same way as they would have if the respondent had accepted the allegations.

Presenting a claim for unreasonable behaviour

As a rule of thumb, you want to cite four to six examples of behaviours you consider to be unreasonable and their impact on you. In principle, these examples can relate to any behaviour which makes you feel like it is not feasible for you to continue in the marriage. In practice, it’s likely to be in your best interests to choose “no faults” reasons.

Basically, you want to cite behaviours which highlight mutual incompatibility rather than personal failings. For example, you could cite your spouse working long hours, spending long periods socializing without you or being excessively absorbed in a hobby they practice without you. None of these are personal criticisms, just indications that you should go your separate ways.

You generally want to resist the temptation to make any serious allegations especially anything involving children. Firstly, they may rile your spouse. Even if this doesn’t cause them to contest the divorce, it may cause them to be less cooperative about it. Secondly, it may give the judge the impression that you are weaponizing your children.

For clarity, piling on the examples of unreasonable behaviour will not (usually) increase either your chances of getting custody of your children or the value of any divorce settlement. In fact, once a judge is satisfied that the married is, effectively over, the reasons for its ending are generally completely ignored. They are also sealed off from the general public.

Completing the divorce process

It is absolutely permissible to cite unreasonable behaviour as grounds for divorce but still present the judge with a mutually-agreed settlement arrangement. In fact, it’s highly encouraged, particularly when there are children involved.

Keep in mind, however, that judges will look carefully at these settlements to make sure that they are legally sound. If a judge is unhappy with what they see, they can and will reject the proposal.

Resolving their objections may simply be a matter of making some minor amendments. The issue is that the need to make changes may push the divorce case back to the end of a long queue. This is a particular concern at the moment due to the ongoing impact of COVID19.

It is therefore very advisable to have divorce settlements checked by a mediator and/or a lawyer before presenting them to a judge.

Going forward

If you and your partner are not in a rush to divorce, you may wish to consider waiting until the UK implements “no-faults divorce”. This is currently scheduled for autumn 2021, although this is subject to change.

Click here for more articles by Kerry Smith

Author Bio

Kerry Smith is the head of Family Law at K J Smith Solicitors and are experienced in all matters relating to divorce, civil partnerships, cohabitation disputes and collaborative law.

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Leading law firm predicts winter divorce spike as couples say goodbye to 2020

Leading law firm predicts winter divorce spike as couples say goodbye to 2020

Published on
Toby-Atkinson
Toby Atkinson
Partner at
Stewarts

Typical January divorce rush set to come early as couples put 2020 behind them

The coronavirus pandemic has placed an immense strain on relationships. This year has created the “perfect storm” of couples being locked down together, juggling the unique demands of work and home schooling and in many cases facing additional financial pressures and health concerns.

Divorce enquiries between July-October 2020 were up 122% compared to the same period in 2019. Interest in separation spiked during the summer months, as the number of people seeking divorces between July and August tripled compared with the same period last year. I am expecting a further spike in the next couple of months in the light of the latest national lockdown.

Spending prolonged periods at home typically leads to spikes in new divorce cases in ‘normal’ life – our peak times being after Christmas and the school summer holidays – and it is therefore no surprise that we have seen a significant rise in the number of new enquiries.

This year the September rush came early.  The shift towards pre-Christmas separation enquiries demonstrates the enormous impact of COVID-19 on relationships. It is fair to say this has been a year to test even the strongest of marriages.

Below are the most common questions around divorce and separation that the firm has been asked in recent weeks.

Divorce FAQS

Q.) Should I separate during a global pandemic?

A.) It depends entirely on a couple’s individual circumstances. There is uncertainty in relation to just about everything at the moment; the economy as a whole, the future of entire industries, jobs, investments and the value of people’s homes, so many will feel that taking the plunge and getting divorced in such an uncertain climate is just too risky. There will undoubtedly be others, however, who will see this as a perfect opportunity to get divorced during a recession when they believe the process is likely to cost them less. Often, a bad time for one party to divorce will be an opportune time for another.

Q.) Can you challenge child maintenance obligations during a pandemic?

A.) Child maintenance is always variable, up and down. If the paying parent loses their job and it seems unlikely they will secure alternate employment in the relatively short term and/or they do not have capital resources from which to cover the maintenance while new work is found, then this change in circumstance would justify a variation of child maintenance obligations.

Q.) What are the challenges you’ve seen around separated couples with children who live in different countries, and what advice would you give those who find themselves in this situation?

A.) The issues for international families, in particular, are wide ranging. In some instances, parents have been prevented from spending time with their children, either because they cannot travel to England or because their child cannot travel to them. For these families there has been an increased focus on indirect contact (via FaceTime, Zoom, WhatsApp) and, inevitably, discussions have led to questions of missed time being made up as and when travel restrictions are lifted.

Parents are to be encouraged to behave reasonably and to establish good lines of communication with their ex-partner. Undoubtedly, there will be parents who seek to use the lockdown and travel restrictions as an opportunity either to spend more time with their children or otherwise to restrict, whether reasonably or not, the other parent’s contact.

Parents should remember that if their dispute ends up in court, the judge will scrutinise each party’s conduct and assess whether they have acted reasonably in the light of the then-current government guidance and the particular circumstances of that child/family.

Q.) I rushed to move in with my partner during the first lockdown so that I wouldn’t be alone – is there anything I should do to protect my assets?

A.) Couples who rushed to move in together ahead of the first lockdown should consider entering into a cohabitation agreement to minimise the risk of financial dispute later down the line in the event of relationship breakdown. The same applies to couples who have had to postpone their weddings and are planning to purchase a property together in the meantime.

Click here for more articles by Stewarts

About Toby Atkinson

Expertise

Toby advises clients in relation to a broad range of family law issues arising on the breakdown of marriage or cohabitation, with an emphasis on the financial claims that arise on divorce. He has particular experience of international cases, often involving jurisdiction disputes.

Toby has significant expertise in cases concerning highly contested contact arrangements. He is an experienced practitioner in the field of international child abduction and is regularly instructed in cases concerning applications under the Hague Convention, applications for permission to relocate and decisions about a child’s habitual residence.

On the non-contentious side, Toby regularly advises in relation to pre-nuptial and post-nuptial agreements, cohabitation contracts and asset protection.

Recognition

Toby is ranked by Chambers UK 2021 and Chambers High Net Worth 2020, with one interviewee commenting: “Clients love him because he’s unshowy but incredibly reassuring and sensible.”

He has been commended by The Legal 500 for his “superb work” and is described as a lawyer who “strives to achieve a peaceful resolution if there is one to be found whilst preparing to fight if required. His advice is thoughtful and measured and his judgement is sound”.

Toby was described by Spear’s Wealth Magazine as “unflappable” and “a sage family lawyer respected by peers for his client skills, work ethic and good judgement”.

He was named in the Citywealth Leaders List 2016, which described him as “fantastic with clients and a great tactician. He is equally adept at litigating outcomes in difficult cases as he is in negotiating bespoke solutions. I am quite sure he will be one of the industry leaders for years to come.”

www.stewartslaw.com

 

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Should you divorce now or wait until after Christmas

Should you divorce now or wait until after Christmas?

Published on
Kerry Smith
Kerry Smith
Head of Family Law
at K J Smith

Amongst family lawyers, January is commonly known as “divorce month”.

Having kept it together over Christmas, people decide to make a fresh start in the new year. Some people, however, decide that they can’t wait and ask for a divorce over the holidays. If you’re thinking of being one of them, here are some points to consider.

Can you keep it civil?

If you’re not safe, then you need to end the relationship and get yourself to a safe place as quickly as possible. If, however, you are safe, the next question is whether you and your partner can keep it civil over the holidays.

If you can, then you might be better waiting until the “January rush” has passed. This can make it much easier to get hold of the necessary professionals e.g. lawyers. You could still use this time productively. For example, you could get relationship counselling and/or mediation.

If you can’t, then you need to think about whether or not telling your partner you want a divorce will improve the situation. Depending on your relationship, it may clear the air and allow you both to agree on a path forward. On the other hand, it may turn the situation from bad to worse.

Have you explored all other options?

You may want to look at counselling, both individually and as a couple, before you take any final decisions. Individual counselling can help you to clarify if the state of your marriage is actually the cause of your issues or a symptom of them.

Relationship counselling looks at the dynamics between you and your partner. Regardless of whether or not it saves your marriage, it can put you on a stronger footing to deal with each other respectfully going forward. This is vital if you have children and useful if you don’t.

You might also want to look at options such as an informal trial separation and/or legal separation. These can be used instead of or as a precursor to a formal divorce. Legal separations can be complex and are best discussed with legal advice. They can, however, be very useful as a way to ease a long marriage to a gentle end.

Have you already taken care of the practicalities?

So-called “quickie” divorces are only really an option for short marriages, with minimal assets and no children when both parties are in total agreement about what they want. They do certainly happen but they’re the minority of divorce cases.

Most divorces involve at least some legal and financial administration. If the marriage has been long and/or there are significant assets involved, then this can be a very complex process. This is before you get to any child-custody and child-support arrangements.

If you’ve already looked into these, then it may be reasonable to confirm to your partner that you’ve decided you definitely want a divorce. If you haven’t, then there may be very little point in mentioning it over the holidays. It will sour the atmosphere without taking you any closer to your goal.

About Kerry

Kerry Smith is the head of Family Law at K J Smith Solicitors and are experienced in all matters relating to divorce, civil partnerships, cohabitation disputes and collaborative law.

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Formative Development: Cohabitees Eligible for Bereavement Damages 

Formative Development: Cohabitees Eligible for Bereavement Damages 

Published on
Debra Jackson
Debra Jackson
Solicitor and Specialist
in Cohabitation Cases 
Jones Myers Family Law

Partners who have lived together for at least two years will be eligible to claim bereavement damages following a recent government announcement.

This welcome step forward follows a Court of Appeal decision in 2017 that the current law – which does not entitle an unmarried partner or cohabitee to make a claim – was incompatible with the European Convention on Human Rights.

Currently set at £12,980, the statutory damages award is paid in certain circumstances following a death caused by someone else’s wrongful act or omission.

Jones Myers has been at the forefront of a campaign led by Resolution (the association of family lawyers), to encourage the government to extend the rights enjoyed by married couples – or those in a civil partnership – to those who choose to live together.

While this new development recognises that society has changed dramatically since previous legislation from the 1970s, it is key to remember that nothing has yet changed to protect those couples should they choose to separate.

Jones Myers continues to emphasise the importance of Living Together Agreements – known as cohabitation agreements – for those planning to move in together.

If you are already cohabiting, you can still draw up an agreement, recording how you would wish your finances to be dealt with should you separate. It is also important to prepare Wills providing for one another, so your estate is dealt with as you would wish.

Although you may be in a deeply committed relationship, and intend to spend your lives together, if you do split up from your partner, you should consult a qualified lawyer to ensure you understand your rights and entitlements.

Unlike married couples or those in civil partnerships whose relationships break down, your  entitlements will not necessarily enable you to share your partner’s pension, savings, or property.

Jones Myers will continue to campaign for a change in the law to fully protect the 3.4 million or so people living with their long term partners.

In the meantime, please do get in touch if you are living with a partner or planning to do so, or you feel that your relationship has run its course, and we would be happy to advise and assist you.

Click here for more articles by Jones Myers

About Debra Jackson

Debra is a highly experienced divorce and family law solicitor whose strong track record spans 11 years covering all areas of family law and relationship breakdown.

Her particular expertise spans cohabitation cases and complex financial cases including inheritances and trusts. She is also experienced in Pre-ups, Post-nups and Civil Partnerships.

Debra is a Resolution Accredited Specialist in Complex Financial Provision 1 and a Resolution Accredited Specialist in Cohabitation and TOLATA.

Clients commend Debra for her honesty and straightforward approach and applaud her empathy and understanding. www.jonesmyers.co.uk

 

Photo by Gift Habeshaw on Unsplash

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