Fair Result - Page 11

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Mother on the run

A Mother on the Run: Rebecca Minnock’s Attempt to Take the Law into Own Hands

Katie McCann Head of Family Law and in-house counsel at Kuits Solicitors
Katie McCann
Head of Family Law and in-house counsel at Kuits Solicitors

Runaway mother Rebecca Minnock plagued the news last week after she went into hiding with her son, Ethan, following a judge’s ruling that the child should live with his father.

Rebecca finally handed herself in on 12 June after admitting that she knew she would not be able to hide forever.

During her two weeks in hiding, Rebecca was in touch with the press and explained to them that her actions were a result of her having “lost all faith and trust in the system.” Rebecca tried to justify her decision to hide by claiming that she knew “what is best for Ethan because he is my son,” adding, “I feel social services have let me down and the court has been unfair.”

Rebecca’s attempts to present herself as a victim were quashed on 15 June, when Judge Stephen Wildblood QC spoke in open court, before he held a private hearing in relation to Ethan’s future.

He accused Ms Minnock of trying to manipulate the press with a publicity stunt. He added that she had acted very irresponsibly from the point of view of the child’s welfare.

So what exactly is the truth? Did Ms Minnock act rashly and unreasonably or was she doing what any mother would to protect her child?

Before the case came to the attention of the public, there had been a two-year custody battle between Rebecca and Ethan’s father, Roger Williams.

During this period, Rebecca had attempted to frustrate contact between Ethan and his father by fabricating false allegations about Mr Williams. In addition to this behaviour, Rebecca had also allegedly exposed her son to emotional harm. The risk Ms Minnock posed was highlighted by a social worker whilst she was on the run, who claimed that Ethan was emotionally unsafe with his mother.

Judge Wildblood has allowed Ethan’s father to decide whether Rebecca should face further legal proceedings for defying court orders. If she is found to be in contempt of court, she could be jailed.

mother on the run
Mother on the run following judge’s ruling.

Madelaine Hailey of the Kuits Family team feels that this case is an incredibly sad example of an intractable contact dispute gone wrong. She explains: “Intractable contact disputes arise when one parent refuses to facilitate a relationship between the child and the other parent without reason, often in breach of court orders, to the child’s detriment. Sometimes parents will make profound allegations against the other as a means of ‘justifying’ their actions, which was found to have happened in this case.”

Whilst the initial ruling that Ethan should live with his father must have been extremely difficult for Ms Minnock to deal with, her resulting actions are in no way justified.

The court’s decision for Ethan to live with his father will not have been made lightly and instead the child’s best interests would have been the overriding objective.

Evidence showed that the risk to Ethan’s emotional welfare if he remained with his mother was sufficiently serious enough for the judge to order that Rebecca should only have supervised contact with her son.

Speaking on how the case has been portrayed to the public, Madelaine commented: “What is particularly disappointing about this matter is how the media and, correspondingly, the public at large seem focused on how the justice system failed the mother. The family court’s primary concern is the welfare of the child, not that of the parents. The court has determined that the child’s welfare is best served by being raised by his father, so why do we not accept this?

She adds: “Recent research has concluded that the family court doesn’t discriminate between parents on the issue of child arrangements. Perhaps, however, the media and society as a whole have yet to catch up.”

Ethan is now back with his father; however, Judge Wildblood said he will do everything possible to ensure that he has an effective relationship with both parents.

Hopefully, Ms Minnock now understands that the best interests of Ethan must be the primary focus of any arrangements made. This matter should also serve as a warning to other parents who believe that child arrangement orders can be flouted.

Katie McCann is head of family law and in-house counsel at Kuits Solicitors in Manchester City Centre. She has a special interest in resolving high value relationship breakdown disputes.

where to get divorce papers from when dealing with divorce
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Over-the-counter divorces? They’re not such a bad thing, says Keystone’s family lawyer Zoe Bloom

Family Lawyer Zoe Bloom
Zoe Bloom – Family Lawyer with Keystone Law

In the latest bid to shake up divorce law, thousands of cases are set to be removed from the courts with the introduction of new divorce centres across England and Wales.

But is the initiative ultimately an attack on marriage? Or should it be applauded? Keystone’s Zoe Bloom shares her views.

As of next month, the vast majority of divorces processed in both England and Wales will be taken out of the courts and dealt with in one of eleven regional centres located across both countries.

Admin staff will deal with all paperwork, rather than judges, with the aim of producing faster and cheaper solutions to marriage breakdown.

The accepted reasons for filing for divorce in an English court will remain exactly as they are – with unreasonable behaviour, adultery, desertion, 5 years separation or (agreeing) couples having lived apart for a minimum of two years.

However, it is the way in which the administrative side of things is handled that will change dramatically. Instead of senior judges being forced to spend time dealing with paperwork, a number of capable yet more junior staff will be dedicated to this part of the process.

Whilst the likes of Ann Widdecombe have condemned the move, suggesting that “it makes a nonsense of marriage”[1], making a divorce as easy as “discarding an old carrier bag”[2], others claim that the idea is merely a consequence of the changing needs of today’s client.

When I first meet with people considering a divorce it is obvious that they have already spent years considering the right path for them personally and their children. It is then, a huge decision to contact me to discuss their future.

Over-the-counter divorces
It takes, on average, 3 months before instructions are formalised. Are over-the-counter divorces a solution?

It then takes, on average, 3 months before instructions are formalised.

By that time, all clients want to achieve is the divorce and separation in terms of finances and arrangements for children. Having taken the time to make the decision, the delays which are imposed by negotiations and the court are an endless source of frustration.

Anything which seeks to streamline the process and which takes that frustration away from people, who are already in a difficult position, must be welcomed and given the chance to succeed.

The evidence from those of us dealing with divorce every day is that nobody enters it lightly.

These process changes do not alter the grounds for divorce and there will still be a level of skill, experience and training required to process the papers.

If they work, the changes can only help clients going through an already difficult time, and release court and judge time, to deal with the more complicated issues resultant from separation.

[1] http://www.telegraph.co.uk/women/sex/divorce/11691060/Why-quickie-divorces-are-a-good-idea.html

[2] Ibid

Zoe is a family lawyer with Keystone Law who specialises in advising mid to high net worth individuals on the financial implications of divorce and separation. She has particular experience in renegotiating financial settlements and challenging previous consent orders, separation agreements and pre or ante nuptial agreements.

As a trained and active collaborative lawyer, Zoe is well-placed to guide clients on the best choice of route to a successful conclusion of their matter, whether this is litigation or settlement.

Zoe is a member of Resolution and has been quoted in the national press in respect of pre-nuptial agreements.

Zoe has a background in private client and tax affairs.

The Judge

THE JUDGE, THE JOB AND THE CONTROVERSY

Family Department of Rawlison Butler solicitors
Nigel C Winter – Partner in the Family Department of Rawlison Butler solicitors

In reading the headlines over the last couple of weeks, one would have thought that it is now settled law that every divorced Mum would be compelled to go out and “get a job”.

This follows the high profile divorce of Mrs W, the estranged wife of a Racehorse Surgeon and the selectively reported comments of the Judge in this case.

As ever, it pays to “let the dust settle” and consider what really happened.

Nigel Winter, Partner in Rawlinson Butler’s Family Team considers the real impact of the decision and why getting advice early should be high on the list for anyone contemplating divorce.

As every marriage is different, so is each divorce and the facts are critical in each case.

Mrs W (51) had been married to her husband Mr W(59) for 11 years and they had 2 children aged 10 and 16, the elder being at Boarding School.

The proceeds of sale of their £1.3million house were duly split and Mrs W was receiving £75,000 per year maintenance.

Mr W was concerned about his capacity to pay ongoing maintenance upon retirement. He therefore sought to have that maintenance significantly reduced.

The £75,000.00 per annum maintenance was for the 2 children and £33,200 of that was spousal maintenance for Mrs W herself. In addition to this Mr W was also paying the school fees.

Last year a Court ordered that the personal payments to Mrs W should taper off over a period of 5 years before ceasing upon Mr W’s retirement. It was this decision that Mrs W was seeking to appeal.

That appeal was unsuccessful and the comments of the Judge on hearing the case have been seised upon in isolation. But it is essential to remember that each case is judged on its own facts.

Critically, the media reports haven’t stated the overall wealth of the parties, merely that they had a £1.3million house.

Furthermore under Section 25 of The Matrimonial Causes Act the standard of living is a factor to be taken into account. It is a reality that people who are wealthy have a completely different expectation of life, which the Courts recognise. Using the house as a guide, they appear to be comfortable but not rich. However that may not be the case and provide an explanation as to why Mrs Ws solicitors pressed on with the appeal.

Mrs W will therefore be expected to go out to work.

The reasons for this are that her eldest daughter is at private school and her youngest daughter is aged 10 and therefore far less dependent on Mum than a toddler.

Thus, as with the passage of time, the relevance of given factors such as contributions to the family, shifts on a sliding scale. It is therefore no great hardship for a 10 year old to have their Mum and main carer working part-time. Furthermore it will enable that Mum to gain full-time employment at a later date.

The Judge
Get a Job

The law has therefore altered very slightly in cases on these facts.

But a completely different result may have been achieved if the children had been younger, the paying husband wasn’t approaching retirement, the wife had got an order for more capital and less income and significantly she had actually made applications for work or even accepted the principle that she had to work, even if she wasn’t able to find any.

In this case Mrs W was actually criticised for being “evasive” about her job prospects. In that regard she did not help herself.

The case is therefore very specific to its own facts. It will have an impact on high net worth families who have ongoing maintenance claims.

But it is a long established principle that financial independence should be achieved at the earliest opportunity and so parties have always been encouraged to achieve this, often by way of a larger capital sum (if available) in lieu of maintenance. However, there is now an overall trend towards limitations on the duration of maintenance and this case is one small part of that movement.

The process remains unchanged and it has been settled for a number of years that the starting point is that there should be a “yardstick of equality”.

Contributions made by the homemaker and breadwinner are of equal value. The Courts will endeavour to split equally the assets accumulated during the marriage.

In high net worth cases, inherited assets received before the marriage, may not be included. Having performed this exercise, the next stage is to decide if this is sufficient to meet the parties’ needs. In the event that the joint assets are insufficient to meets the needs of the family, then maintenance has a role to play. This is always subject to variation as circumstances change.

This decision doesn’t alter the basic reality that bringing up children, harms ones career unfairly or otherwise. Thus one party’s career will prosper whilst the main carer’s time is applied to the demanding role of being a stay at home parent.

The reality remains that even when the papers are full of reports that the Judge allegedly barked “get a job” at the wife, she will not be able to get as good a job as had she been able to draw upon 10 years of career progression rather than motherhood.

In the event that that second career doesn’t meet the needs then she will have to look elsewhere for those said needs to be met. And that is usually from the matrimonial assets. In short, a different route to the same outcome.

What this case DOES NOT rule, contrary to the impression that has been left in some of the media is that:-

  • All Mums must go out and get a job per se
  • Being a Mum is unworthy
  • This is a blanket rule and hereafter cases will stop being judged on their own facts

True, stay at home Mums, with children of minimal dependency, will be expected to find work if they can. There were very few cases in which the standard of living was so high and the parties’ expectations such that, they could expect maintenance forever, without having to work. When this actually occurred they usually ended up in the newspapers.

For the vast majority of couples contemplating a divorce the most important thing is to get the right and sensible advice at an early stage, free from the influence of an eye catching headline.

About Nigel Winter

Nigel C Winter is a partner in the Family Department of Rawlison Butler solicitors, based in the South East of England. He has been practicing family law for over two decades, is a collaborative lawyer and a regular contributor to a wide variety of publications on Divorce and Family Law.

website: www.rawlisonbutler.com

He has been practicing family law for over 2 decades, is a Collaborative lawyer and a regular contributor to a wide variety of publications on divorce and family law.

 Disclaimer – This document is provided for information purposes only and does not constitute legal advice.

 

divorce facts

10 Things to Know About Divorce

Women and Divorce
Wendi Schuller
Author of
The Global Guide to Divorce

Divorce is a life transition that generates permanent changes.

One can never go back – only forward. Divorce affects finances, relationships and career choices.

It can be a positive catalyst for a metamorphosis.

  • Divorce is not a linear process, one can back track, hit a speed bump or nearly get derailed. My husband and I were in the collaborative process and he suddenly dropped out when it did not go as he expected. We had to start over with new solicitors for litigation. Then he decided to return to collaborative and luckily our original solicitors let us pick up where we left off from before.
  • Divorce does not have to mean only negative changes –but can push people in a positive direction. Maribel was a stay-at-home mum who was bored out of her mind and felt unfulfilled. Getting a divorce forced her back into the working world. She opted for a lesser paying job in retail and is ecstatic about life. Maribel is much more vibrant now, than I ever observed in her marriage. Two co-workers lead busy, fulfilled lives now that they are divorced.
  • Divorce has an end point. My maintenance and child support have finished which means contact with my ex is 100% in the past. I will be moving and can totally close that chapter of my life. Other people’s end point may be when their divorce is finalized, especially when there is a Clean Break. The divorce process seemed endless at the time, but it helped when folks said that there is a light at the end of the tunnel.
  • Get centred, clear your mind and think through your choices and decisions. I made stupid missteps in a panic – rather than stating “Let me think about it and get back to you.” An issue can be tabled until the next mediation/collaborative session – or you could send an e-mail the following day with your decision. Reacting quickly, instead of mulling it over can haunt you in the future.
  • Get the necessary experts on the divorce team. If it seems as if some assets are missing, then get a forensic accountant
    about divorce
    Hidden strength will bubble up and get you through tough negotiations.

    on board. In an acrimonious divorce, a custody evaluator may be brought in to do an extensive study to determine the percentage of shared care between parents.

  • There are support groups available to enable you to make it through the arduous divorce process. The Divorce Magazine has a link to helpful resources including parenting ones, on the web site. Conduct your own online search to discover ones in your locale. Talking to others going through divorces gave me support and I felt less alone.
  • It is normal to feel that you cannot take much more stress without exploding. People interviewed expressed that they were surprised that they got through divorce without a nervous breakdown. In our crazy divorce, the two solicitors mandated that we each see a designated life coach for at least one session. My husband brought his to one collaborative session and that made for a smoother meeting with less tension for all of us.
  • You will discover traits that you did not realize that you possessed. Hidden strength will bubble up and get you through tough negotiations. You will discover your resilience which helps you to be flexible and bend like a pine tree rather than being rigid like the mighty oak and breaking in a storm.
  • A Family Law solicitor said if one party is pleased in the divorce – then something is not fair. When both people are unhappy about the asset division, then it is fair. I made sure I got the few things that I really desired, the water colour painting of our deceased cat, plus several other items. I refused to get in a battle over our joint personal property which resulted in my husband letting me have a bit more. Hold out for what you really want in the personal property division and do not haggle over every little thing. Not worth the time, increased legal fees and anxiety.
  • You may be at loggerheads with each other during divorce, but may like each other down the road. Some former couples are friends and even have get-togethers with the new spouses. This is really lovely for the children during the holidays when this happens. Memory has the trick of glossing over the unpleasant parts and this is helpful after divorce.

CLICK HERE FOR MORE ARTICLES BY WENDI SCHULLER

ABOUT WENDI

Wendi Schuller is a nurse, hypnotherapist and is certified in Neuro-linguistic Programing (NLP).

Her most recent book is The Global Guide to Divorce and she has over 200 published articles.

She is a guest on radio programs in the US and UK. Her website is globalguidetodivorce.com.

Adultery and Divorce

10 Steps to Coping with Infidelity

coping with infidelity
An affair is an opportunity to legitimately press the pause button on the relationship

Many couples remain married despite infidelity and this is often celebrated as marital success by both the infidelity support community and marital therapists.

What is discussed less often is the quality and nature of the post-infidelity marriage – unfortunately many are little more than Divorce Avoidance Plans, not successful Happy Ever After Reconciliations.

The traditional approach to coping with infidelity might initially prevent divorce but the long-term outlook for the relationship isn’t encouraging.

In our experience, the traditional approach itself is directly responsible for the widespread failure of post-affair reconciliation attempts.

We must stop promoting reconciliation as ‘the successful’ outcome and instead recognise that cheater and marriage-centric strategies are responsible for promoting divorce avoidance despite dysfunction, abuse, or incompatibility.

An affair is an opportunity to legitimately press the pause button on the relationship, creating space to devise a rational, informed and authentic strategy to avoid unhealthy emotional ricocheting.

We should stress that infidelity is not gender specific, and these steps equally apply to faithful spouses of either gender.

 

1. Protect Yourself

Most faithful spouses feel out of control and fearful when they discover an affair and there are basic steps that are necessary to protect yourself and regain some stability:

  1. Get tested for STIs and make a condom mandatory.
  2. Seek legal counsel to understand your risks, entitlements, and liabilities (take advantage of free consultations).
  3. Take inventory of assets and make copies of important documents and financial records.
  4. Ensure that you have sole access to a financial cushion – cheaters can quickly become unreasonable, ugly, and retributive, often using financial muscle regardless of how that affects their family/children.

Affair discovery commonly precipitates abusive, manipulative, and callous behaviour but there are also correlations between violence and accusations of infidelity – keep yourself and your children safe.

2. Get Support

Having a good support network around you is important. Joining a chat room and support forum like ours at Infidelity Help Group can be a lifeline. Don’t rely on friends or family to give informed infidelity advice.

3. Understand Infidelity

coping with infidelity
Affairs are not the product of bad marriages.

Firstly, understand that affairs are not the product of bad marriages or faults in the faithful spouse. You didn’t cause the affair, you didn’t drive them to it, you couldn’t have stopped it, and you didn’t deserve it.

Affairs are similarly not caused by sex addiction, altered brain chemistry, or midlife crisis. Identifying the cheater’s behavioural patterns, understanding their core character, and observing their responses can help you make good, informed decisions for your future.

It can be difficult for the faithful spouse to accept that cheating is a symptom of larger behavioural patterns because many are reluctant to admit that they have tolerated, ignored, or justified abuse prior to the affair.

4. Disengage From Their Manipulations

Resist the temptation to engage in lengthy discussions about the affair and marriage. Instead, disengage from drama and firmly communicate that:

  1. You will not be a convenient fall-back position.
  2. Their affair changed the dynamic of the marriage and your participation in it.
  3. You will take the necessary steps to protect yourself from further harm.
  4. It is incumbent on them to address whatever internal issues created their affair.

If you wish to reconcile be explicit that until you observe evidence of changed thinking you will be moving your own life forward towards your own goals, without them.

Be mindful that cheaters feel entitled to control and manipulate for their own benefit and preferred outcome. An angry/negative reaction can indicate that your approach has frustrated their cheater-centric agenda.

5. Stop Trying to Manage It

Faithful spouses are often codependent ‘fixers’ but declaring your love and promising to change will backfire.

If you want evidence of your cheater’s authentic intent to reconcile, your meddling is counter-productive. Stop ‘guiding’ them to books, articles, or therapy – if their motivation is genuine, they will feel frustrated, bombarded and controlled.

The more you direct, control, or manage reconciliation the more you will feel resentful, devalued, and let down in the long run.

6. Avoid Marital Therapy

It’s tempting to rush off to marital counselling but marital therapy does not facilitate the personal change necessary for reconciliation. Instead, it gives the cheater a platform to deflect blame and teaches them how to further manipulate you.

7. Identify Your Goals

Many people lose their individual identity to their marriage. Be independent, resourceful, and fearless.

Don’t make your happiness contingent on your cheater’s choices.

Take inventory of your life and identify goals and dreams for yourself that are yours alone and within your own control.

8. Be Open to Divorce

coping with infidelity
Don’t stand, waiting for your spouse’s affair to end.

Most faithful spouses will doggedly attempt to engineer reconciliation, entirely unwilling to accept that this may be the worst outcome for their children, their cheater, and themselves.

STOP:

  1. Holding reconciliation as the only successful outcome: unhealthy relationships aren’t successful reconciliations.
  2. Justifying and defending your cheater: infidelity is indefensible.
  3. Rationalising why you have to fix it: it’s controlling and unhealthy.
  4. Insisting on marital therapy: the marriage didn’t cause the affair.
  5. Claiming that ‘staying for the kids’ is selfless: it’s misguided.
  6. Holding ‘marriage’ or an ‘intact family’ as your goal: you can’t choose this for someone else.
  7. Rationalising why this advice doesn’t apply to you: it does.

9. Act, Act, Act

Discovering your spouse’s infidelity can freeze you in inaction, but doing nothing is the worst thing you can do.

Don’t stand, waiting for your spouse’s affair to end. The longer you don’t act, tolerating or justifying their affair, the more it minimises the cheater’s unethical behaviour and normalises their new dynamic with both you and their affair partner.

Even if you don’t file, you must respond to the new reality you’re facing. Doing nothing is a tacit agreement to a unilateral open marriage now or in the future. Your inaction and scrambling to win back your cheater and make them happy doesn’t present them with consequences to their actions – it rewards them.

Don’t wait around unhappy, pining, your self-worth shattered. Start your own life in your own right, making new friends and enjoying new interests that are solely yours.

Be brave, be fun, be interesting – your cheater’s affair has highlighted how tenuous marriage can be so don’t make it your whole life. When your entire identity is tied up in your marriage and your marriage ends, where does that leave you?

10. See the Upside

If the affair does result in a divorce, understand that divorcing a cheater DOES have an upside, despite the challenges it brings.

The affair might have motivated you to lose weight, get a degree, move closer to friends and family, or get more involved in your community. All of these are positive things that you likely wouldn’t have done without the affair.

Truly understand the value of your freedom and celebrate the benefits of no longer having to walk on egg-shells to keep someone else happy. Create a peaceful, content life for you and your children, and nurture the relationships with those who treat you with love and respect.

Don’t idealise reconciliation because most reconciliations aren’t happy and most cheaters are selfish, entitled, and lazy.

Infidelity Help Group offers free support and education for those whose lives have been affected by infidelity. We are secular advocates of self-esteem, self-worth, personal goals, and self-empowerment.
Email: wayfarer@infidelityhelpgroup.com

Cuts to Legal Aid UK – What is the Real Cost of Them?

Katie McCann  Head of Family Law and in-house counsel at Kuits Solicitors
Katie McCann
Head of Family Law and in-house counsel at Kuits Solicitors

In an attempt to reduce the legal aid UK bill by £350 million per year, huge cuts came into force on 1 April 2013 under the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

Family law cases were hugely affected and now only those which involve domestic violence, forced marriage or child abduction are funded.

The Ministry of Justice have explained that the cuts to legal aid are for the benefit of the taxpayer ‘who ultimately pays for it’ however now the changes have bedded in many are not happy. Criticising the government’s decision Elfyn Llwyd MP argues, ‘It is clear to us that these reforms have everything to do with saving money- yet the cost to society is overwhelming.’ Ultimately it seems that any financial savings have been overshadowed by the serious loss to those who would have previously been able to rely on legal aid.

As a result of the cuts many who cannot afford legal representation feel that their only option is to represent themselves.

Commenting on this Court of Appeal judge Dame Elizabeth Gloster admitted that she was ‘horrified’ by the number of litigants without lawyers. According to Jo Edwards- the chairwoman of Resolution, two thirds of cases in the family courts now involve at least one side who does not have a lawyer.

The National Audit Office estimates that the increased level of litigants in person will cost the government £3.4 million a year due to the fact that cases without legal representatives take 50% longer and therefore clog up the system and cause delays.

Unfortunately the financial repercussions are not the only cause for concern.

The welfare of any child involved in a family law dispute is meant to be the paramount consideration however this is likely to be prejudiced by any delay.

It is not only the children who are involved that may suffer from their parent’s lack of legal representation.  The individuals representing themselves are also likely to feel the negative effects.

This was highlighted in the case of Re H[1]. When this case came before the court serious concern was raised that the mother- who had speech, hearing and learning difficulties, was without legal representation. It was felt that her human rights were at risk of being violated. The father had legal representation and was also supported by the Local Authority.

By the time the case came to final hearing the mother had legal representation on a pro-bono basis but as was highlighted by the judge, this is nothing like having full representation. The court stated that although the lack of legal aid had not prevented the mother from having physical access to the court, it had certainly prevented her from having intellectual access. The potential for a significant imbalance of power between parties in these type of cases is very clear to see.

The negative repercussions of the legal aid cuts explain why so many people have expressed their disappointment.

legal aid uk
As a result of the cuts many who cannot afford legal representation feel that their only option is to represent themselves.

Lady Margaret Hodge, the Chairwoman of Public Accounts Committee states, ‘The Ministry of Justice is meeting its objective of cutting spending on civil legal aid but is doing this without knowing what the knock on effects might be for people needing advice.’

But the Ministry of Justice do not seem to accept that there is a problem and speaking about the high number of litigants in person they argue, ‘A large number of people have always represented themselves in court and we provide information and guidance to help them.’

Speaking ahead of the cuts Lord Neuberger, president of the Supreme Court predicted that the lack of legal aid would lead to people taking the law into their own hands.

He claimed that this would be borne out of frustration and lack of confidence in the system. Equally as problematic is the possibility that some people are simply putting up with unfair arrangements as they feel that they do not have any other option but to suffer in silence.

Taking into consideration the negative effects of the abolition of legal aid, Resolution suggest that the government should fund an initial solicitor’s meeting for those who cannot afford it. This would enable separating couples to have their legal options explained to them and may also encourage them to use mediation. However mediation is not suitable for all cases and this highlights why a large number of people will lose out from the legal aid cuts.

The reality of the situation is that although the government may have reduced the legal aid bill by £350 million per year, the detrimental impact of the cuts on society could mean that this is a completely false economy.

As Resolution’s Dispute Resolution Week comes to a close, Katie McCann, head of Family at Kuits states, The world of family law is in a state of flux following the cuts to legal aid and the fluctuations we have experienced in the economy, hitting the country’s pockets hard. However we must continue to do the best that we can for any client that walks through our doors. In family cases alternative dispute resolution should always be considered first before entering the realms of court proceedings and clearly that is the way the profession is being steered. Earlier this week I wrote about the benefits of mediation- if a better way can be found to bring family disputes to a close then we must help clients to find this, but that does not solve the ongoing issue of costs. Alternative dispute resolution is not always cheaper than going to court but in the vast majority of suitable cases, it certainly does offer a less stressful and more empowering path to the resolution of disputes.’

[1] [2014] EWFC B127

Follow Katie McCann on Twitter  – @kuits_familylaw

www.kuits.com

 

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

C&W LeeMarston
Lee Marston, Partner at Clough & Willis.

 

The doing away with Legal Aid has courted much controversy in the media, across the legal community and for those people who have been affected by its demise.

This has been coupled with a government sponsored push to drive compulsory Mediation Information Assessment Meetings (MIAMs) for those who are involved in a family dispute such as a divorce or a child custody case.

On the face of it, this is a typical – and sweeping – government tick-box exercise:

 

 
~ Cut the Legal Aid Bill? TICK

~ Push people towards taking up mediation in order to de-clutter the crowded court system? TICK

~ The only losers are the lawyers, so no public sympathy there? TICK

Well, no…. the reality isn’t the above as life isn’t as simple as the cosseted few who sit in the Westminster Village think it is.

In terms of non criminal or immigration Legal Aid work,  the governments’ spend was small potatoes – especially as a significant sum was recovered by getting a charge on property or receiving back costs from cash recovered/ preserved by the assisted person.

In children cases this was not the norm; but, like in financial claims, the application for public funding was still subject to a merits and means test. That way, the deserving and vulnerable received help and could be represented.

Before an application can be made to court for a divorce or child custody case, clients are now required to attend a MIAM.

The aim of the meeting is to see if mediation could be used to resolve their difficulties, rather than going straight to court.

Despite MIAMs being compulsory, there has been a dramatic reduction in take up – mainly because clients have not seen a lawyer who can make them aware of their choices.

The government’s new approach and its focus on mediation assumes:

~ That every person in a relationship is equal in strength and knowledge

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

~ That there will be no problem establishing true disclosure for an informed decision

~ That there will be no problems agreeing the value of properties or shares

~ That there will be a reasonable approach to the financial need of the financially weaker party

~ That everyone knows the likely reaction of an existing mortgagee to a proposed agreement

~ That the implications of everyone tied to an existing mortgage are the same

~ That a mediator is someone who can give sound information as to the likely realms of a settlement

I would question every one of the above as I am increasingly coming across what I feel are under settled potential agreements. The fact of the matter is that people require the strength and expertise of a specialist family lawyer on their team.

Solicitors ensure full and frank disclosure and provide expert advice on settlement. By having that knowledge and experience on side, clients can make an informed decision; especially as all advice is tailored by a cost/ benefit analysis. That is, at each stage, comparing likely court imposed settlement to an offer made and balancing that with what further legal costs might be incurred.

Mediation can, of course, work if everyone involved is open, honest and trustworthy and as long as one party is not able to pressurise or browbeat the other.

However, the onus is now on the stretched Judiciary to mediate and impose its views, but this isn’t feasible due to the time it has available and the increasing number of litigants in person (an individual, company or organisation that is not represented in court by a solicitor or barrister) it deals with. These factors can result is many adjournments and it’s hard to be sure if there has been appropriate disclosure from both sides.

To sum up, divorces are extremely stressful and they can be further complicated when children are involved.

I passionately believe that clients shouldn’t go it alone as having a real person on their side who can guide them through the process, challenge where necessary and advise on their own set of circumstances will give them the best chance of securing a fair and just agreement.

www.clough-willis.co.uk

Lee Marston, became a partner in 2001 and heads up the Family Law team at Clough & Willis.

He is a Resolution Accredited Specialist in the financial side of divorce and children disputes. He was a founding member of the Family Law Panel in 2005 and has practised solely in Family Law for over fifteen years. He is particularly known for his vigour in pursuing his clients’ rights, especially when dealing with financial and parental issues.

The Clean Break and Spousal Maintenance

Katie McCann  Head of Family Law and in-house counsel at Kuits Solicitors
Katie McCann
Head of Family Law and in-house counsel at Kuits Solicitors

Divorce (Financial Provisions) Bill received its second reading in the House of Lords in June 2014.

One objective of the Bill, which was introduced by Baroness Deech, is to limit maintenance payments to three years by making changes to the Matrimonial Causes Act 1973.

Currently there is no such cap in place and Judges are free to make Joint Lives Maintenance Orders under which one ex-spouse must make periodical payments to the other for the whole of their lives (save certain defined terminating factors).

The logic behind the current law was explained by Lord Nicholls in White v White, where he stated, “There should be no bias in favour of the money earner and against the home-maker and the child carer.” [1]

During a marriage a couple may often decide that one spouse should give up their career in order to look after the home and family and therefore it is arguably unjust to prejudice them upon divorce by limiting their maintenance.

Baroness Deech however feels that the law is outdated in the sense that it is still attempting to put women in the position they would have been in had the marriage not ended. She believes that the primary aim of maintenance should be rehabilitative as opposed to permanent.

Across the pond it seems that the courts are taking a similar approach to Baroness Deech as they appear to be moving away from “permanent alimony”- the American equivalent of joint life maintenance.

American family lawyer Morghan Richardson explains that judges in the US often have little sympathy for women who have given up their jobs to care for their children- especially when these judges are women themselves, who have placed their own children in child care in order to enable them to progress their careers.[2]

There are certainly risks attached to the removal of joint lives maintenance orders.

spousal maintenance
It is arguably unjust to prejudice them upon divorce by limiting their maintenance.

Spouses who are happily married may be reluctant to become stay at home parents or home-makers in fear that having given up their careers they will not receive adequate maintenance in the event that they divorce.

Worse still, dependant spouses may feel that they have no choice but to stay in unhappy marriages due to the fear that they would not be able to support themselves if they divorce. There is also the possibility for children of the marriage who live with the supported ex-spouse to suffer as a result of maintenance payments being terminated.

Despite the potential consequences listed above it is clear that the law as it stands is arguably unjust to the bread winning ex-spouse. The objective when dealing with financial distribution upon divorce is to ensure that a fair outcome is achieved.

Commenting on this objective Baroness Hale explained that, “a fair division is an attempt to give each party an equal start on the road to independent living.”[3] There is certainly nothing “independent” about joint-lives maintenance.

There also exists the potential for the home-maker to abuse their position. This is due to the fact that an arrangement that may have been suitable whilst a couple were married is often no longer appropriate once the marriage has terminated.

Yet the law does not seem to acknowledge this and countless cases have been reported where home-makers have received joint life maintenance orders by citing that they are unable to get a job based on the fact that they did not work during the marriage and do not possess the necessary skills.

Not only does the current law seem to be fundamentally unfair to the payer whose future plans can be stymied by this type of order but it also seems to do a disservice to the payee. Whilst joint life maintenance may seem appealing surely there is nothing more empowering than working hard to become financially independent.

It is entirely understandable for an ex-spouse who did not have a career during their marriage to be apprehensive about entering the job market. Of course it would be inequitable to cut off a dependent ex-spouse immediately without allowing for a period of adjustment and Baroness Deech acknowledges this with her suggested allowance of a 3 year maintenance period. During this time a dependent ex-spouse would be able to prepare themselves to enter the working world so that they can eventually become financially independent.

Instead of concentrating on building a case why one should be entitled to joint life maintenance perhaps it would be more productive for dependent ex-spouses to request monies that could be used to fund further education or skills training so that they are more confident and equipped to enter the job market.

Commenting on Baroness Deech’s proposals Katie McCann, Head of Family at Kuits states, “The principle behind the proposals seems to be a shift towards a more pragmatic, sensible and fair viewpoint on maintenance. As long as there are sufficient checks and balances in place to ensure that no-one is left in a precarious financial position and certainly no children and prejudiced. After all, there has to be life after divorce and that principle should apply to both parties.”

Katie McCann is head of family law and in-house counsel at Kuits Solicitors in Manchester City Centre. She has a special interest in resolving high value relationship breakdown disputes. 

 

[1] [2000] 2FLR 891

[2] http://www.forbes.com/sites/emmajohnson/2014/10/27/are-you-a-stay-at-home-mom-facing-divorce-dont-expect-alimony/

[3] Miller; McFarlane [2006] 2 FCR 213 at Para 144

Online divorce
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Is an Online Divorce Right for You?

Online Divorces
Jay Williams
From
Quickie Divorce

In April 2013, individuals that were seeking to divorce their husband or wife were no longer entitled to legal aid (unless they had been the victim of domestic abuse) irrespective of their financial circumstances.

As a result of this, companies offering online divorce have received an ever increasing amount of attention and have also experienced an upturn in business. Why?

To put it simply, an online divorce is significantly cheaper than one performed by a solicitor.

But does this mean that it is the right way for you to proceed?

Firstly, online divorce providers are not solicitors.

This means that they cannot provide legal advice. Yes, we understand the divorce process, know how to prepare the necessary documents and can answer questions of fact, but we cannot negotiate a settlement with your spouse, nor can we advise you on whether or not an agreement that the two of you have reached – in principal – is fair.

Oh, and if you don’t both consent to the divorce then, sorry, but an online divorce is definitely not for you – we can only help if you’re both in agreement.

Generally speaking, an online divorce is appropriate when

a) both you and your spouse want the divorce (as discussed above)

b) when there is no dispute over assets (properties, savings, etc.) 

c) you are able to agree on whom your children will live with and how often the non-resident parent will be able to see them, whether or not they will stay with them, and so on.

You may hear solicitors say that you should only pursue an online divorce when there are no children involved, no significant assets to divide and when you have only been married for a short period of time, but this is not the case.

The length of the marriage is not relevant at all and an online divorce is not appropriate if you and your spouse cannot agree on how to divide your assets or new childcare arrangements only.

That said it is in no way advisable that you and your spouse agree on how to divide your assets without having sought some legal advice.

More important, though, is that you do not to agree to something purely because you’re tired of negotiating or in order to save money. Remember that this settlement may be required to pay the deposit on a new property, survive on a reduced income and much more.

If you are in any way displeased with a proposed settlement or are concerned that it will not meet your needs, then it is highly advisable that you instruct a solicitor. The same applies if you are unable to reach agreements with regards to any children that may be involved.

It is, of course, natural to save money whenever possible, but whilst I believe that online divorce providers offer an outstanding product, it is often vital that those going through a divorce seek the advice of a solicitor in order to ensure that they are not left regretting their decision in the long run.

If you and your spouse are in agreement, are amicable and are both happy with your agreements, though, then an online divorce may indeed be an economical and quick way to end your marriage.

Jay Williams

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What is a Clean Break Divorce?

Online Divorces
Jay Williams
Online Divorces

You may think that the financial ties that exist between a husband and a wife are severed permanently following a divorce, but this is not the case.

In fact, until a court order determining precisely how a couple’s assets are to be divided has been put in place, either party can make a claim on the other’s assets at any time – that’s why we have what are colloquially known as Clean Breaks.

Consent Orders, to call them their correct, legal name, are documents that describe precisely how various assets such as properties, cars, pensions, furnishings and other items of significant value are to be divided between the two parties. As the name implies, though, both parties must agree on this division in order for the courts to approve of the order.

It is possible to obtain a divorce without having such an order put in place, of course. It is also possible to finalise a divorce without requesting that the courts determine how assets should be divided. Should you do this, however, then, as discussed above, either party can make a claim against the other.

Now, many people will argue that a former spouse would be entitled to a substantial share of the winnings should the other win the lottery in order to argue the merits of such an order.

In spite of the fact that such an example is distinctively unrealistic, there are several infinitely more likely windfalls that divorcing couples would do well to remember: pay rises, inheritance and growing property values to name but a few. Provided an agreement can be reached, then it is always advisable that a Consent Order be obtained – if only for the peace of mind that it provides.

clean breakAs ever, though, a person should never be tempted to agree to such a division simply to prevent a future claim.

It is infinitely more important to ensure that the provisions afforded through the agreement are sufficient to support you for a reasonable period of time.

It may seem like a good idea to rush through an agreement in order to lower your stress levels but, as you’ll only find yourself feeling much more anxious if you later release that you’ve left yourself in a precarious financial situation this is little more than a false economy.

Should you feel that a Consent Order is something that you’d like to obtain, though, be warned: you’ll not only need to get the order itself prepared, but additional documents that clearly describe your current financial circumstances (i.e. your current earnings, savings, debts etc.) as will your spouse. These documents are needed as the courts must be provided with evidence to show that both parties are aware of the other’s financial position as they simply could not consent to an agreement concerning the division of their finances if they did not.

Yes, people can, and indeed have, falsified figures for these documents and unfair and unreasonable agreements have been approved as a result. Fortunately, this is also regularly discovered at a later date making the agreements null and void and bringing about expensive further legal proceedings.

Still, if you trust your soon-to-be former spouse and can agree on how to divide your assets in a way that suits both parties’ needs, then a Consent Order is a cost-effective way of getting the peace of mind that comes from knowing that a binding financial order is in place.

You may also be interested in Is online divorce Right for You?
Finding Love

Finding Love – A Love Coach’s Own Story

Maggie Kay
Life, business and spiritual coach, meditation teacher and founder of Thrivecraft.

Finding Love

TOTNES is full of single mothers and hardly any single men – my new friends in Devon were quite adamant.

“I hope you’re not expecting to find a partner down here!”

But I wasn’t moving to Totnes to find a partner, not yet anyway.

After 16 years of living in a Buddhist community in London, it was time to move on, and my longing for a rural lifestyle could no longer be ignored.  But most importantly of all, my seven-year-old son, Jamie, deserved a more gentle upbringing than a city could afford.

Despite the good reasons, however, there was also an element of strange magnetism I couldn’t put my finger on.  In many ways, I was leaving a great situation and jumping into the unknown,  but there was a compelling force drawing me on – and I had a daring, inexplicable knowledge that this was absolutely the right move.

So, one sunny September morning in 2001, I packed the back of my little grey hatchback to bursting, strapped Jamie in the front beside me, and set off for our new life in the country.

 At 37, I was a free agent for the first time pretty much since my teens.  I’d split amicably from Jamie’s dad two years ago.  It was the most civilised split I’ve ever heard of, but even so, the impact of separating the family was utterly devastating.

My escape came in the form of a smouldering Spanish guy from my dance class. However, it wasn’t long before I became emotionally trashed by this crazy sex fest of a so-called relationship.  I was so fragile that I clung on for far too long.

Moving to Devon would make sure it was over for good.  For the first time in all those years, I was single, and I felt it.  I was F – R – E – E!

My heart was soaring when we got out to stretch our legs at Stonehenge.  What an incredible monument to mark the halfway point to Devon.  The sky was blue and the ancient stones seemed to be humming with affirmation that we were doing the right thing.  We weren’t in dirty, frantic, complicated London now.  Here was the gateway to a whole new magical realm.

Our first base was a caravan in a charming farm campsite not far from Totnes.  We were leaving behind a lovely, secure and affordable home in London.  It was part of a triangle of Victorian maisonettes with gardens backing onto each other so the kids were safe to roam around with each other.  I was glad that Jamie still had some of that now – access to an indoor swimming pool and an adventure playground and a few other families who were temporarily living at the campsite during the offseason just like us.

There was a lot to do – a home to find, school for Jamie, money to earn, and new friends to make.

I was fully occupied and completely excited by the experience of making this beautiful place our home.  Originally a spa town, Totnes is known as the ‘alternative capital of the UK’ and has attracted all sorts of interesting people and progressive projects into its midst over the decades.  Driving through the stunning countryside brought me out in mild bliss every day – very different from the tension that inevitably comes with ‘cheeky driving’ through London traffic.

But by night I was lonely and reeling from all the changes.  Jamie was having a tough time too and was playing up at school.  He was understandably disturbed and angry about being ripped away from all he knew, and I was feeling the strain and guilt.  (What possessed me to think he’d settle at the fairy-like Steiner School after his formative years in inner-city mainstream education?)

Sometimes the grief and disorientation were almost unbearable.  It would have been so comforting to have someone intimate to share all this with – a manly chest to snuggle into…

So, in the nighttime lonely autopilot, I reached out half-heartedly for a liaison.  Computer dating was a pleasant distraction, safe in the knowledge that everyone was at a reassuring cyber distance.  The few dates I met up with soon dissolved any cosy illusions of romance I’d entertained myself with. There were also a few ‘real’ single men I ran into (despite what my friends had said, Totnes seemed to have plenty of them).

I spent a month with Martin no.1, and another with Martin no.2, and hung out with an attractive new friend while he was between girlfriends.  But none of it was right and nothing got off the ground.

I knew that this was because I still had some healing to do, and at last I decided to co-operate with the process.  I needed to do what usually has to be done when recovering from one relationship and preparing for another – to stay in the gap for as long as it takes and be with myself for a while.

I was overdue to complete some unfinished emotional business – to understand what had happened and why; to let go of hurts and fears; to re-assess who I am now; and establish what kind of relationship would be good for me next.

As a meditator, I already had an invaluable tool at my disposal.  Meditation gives emotional space and opens up a bigger perspective that allows us to face challenges positively.   Along with regular chats with insightful friends and family, my meditation practice gave me the resources to navigate my way through the stormy emotional waters. So did my practice of ‘Movement Medicine’.

At my weekly class, and in the privacy of my own home, this wonderful form of free expression accessed and gave full voice to the stories and emotions stuck in my body. I danced and roared and stamped and cried (a lot!) and laughed and gave thanks and laid the ghosts to rest.  Over the weeks I became clearer, free-er and more peaceful.

In early February I attended a sweat lodge held by a lovely local shaman down by the River Dart.   In the dark, eerie beauty of a winter forest, we ceremonially heated huge stones in a roaring wooden pyre.  Once ready, the hot stones were brought into the lodge one by one and sprinkled with sage water.

We sat in a circle inside the lodge, naked and in total darkness, sweating and singing and praying.  It was like being inside a womb of pure spirit.  We spoke aloud one at a time, each prayer seeming to come from infinite consciousness and be sent out into the entire universe.  My prayer was spontaneous and ardent – “Please help me let go of the past and allow me the time and space I need before I get involved in another relationship.”

During one of my more contented evenings, inspired by Oriah Mountain Dreamer’s book, ‘The Invitation’, I did some reflective writing.  In a deep, prayerful way, I wrote about what I longed for – the kind of loving partner that would be ideal for me.  It was almost sacrilegious to be so damn honest about what would be utterly wonderful for me.

I’d never permitted myself to state these things before.  But once it was down on paper I found I was moved by the quality of the person I was describing in those two dozen short paragraphs.  And somehow, having committed my vision to paper, this man began to take on a tangible existence.  It was spooky.  It was as though I had begun to create a reality, or at least, call a reality towards me.

Having read widely about metaphysical principles since then, I know that this is exactly what is occurring when we make things conscious and decide to move towards them.

As my old Buddhist teacher used to say, ‘It’s not so much that man wills, but that will man’s’. In other words, our will manifests into form, not the other way around.  We become what we wish for.  We create our reality from our thoughts feelings and expectations.

Now, in my work as a Love Coach, writing about ideals is an exercise that my clients use with unremittingly powerful results.  But back then, I somewhat innocently placed my writings on my meditation shrine and forgot about them.  Little did I know that I’d planted a seed that would invisibly grow into a garden of opportunity, or that I’d soon be looking upon the face of the man who would become my husband.

At first, I didn’t realise I’d met him. As far as I was concerned, this ‘Pat’ guy was just a housemate of a childminder friend I’d gotten to know at Jamie’s school.

Ann and I used to hang out at each other’s houses while our boys played together.  So my first few meetings with Pat were incidental – brief interactions during a flurry of noisy, stampeding boys needing after-school snacks.  I was in ‘mum mode’ and, anyway, I had a background distraction still rolling with one man or another I was half involved with.  I wasn’t paying attention to where it was due.  It took me a further couple of months to wake up. And what a wake-up call it was.

Towards the end of April, my much loved, dear, wise, loving gran was painfully dying in Scotland. My sister was giving me bulletins every day, and I was waiting for news of her final passing. Life was sharp. My heart was so open. Contrastingly, I was experiencing impossibly crossed wires with Martin No.2 and decided to finish it.

The very night I broke it off he fell off his steep garden terrace and was hospitalised with a broken back.  I was shocked into further acute awakeness.

That same week (intuitively picking up on what was about to happen, I’m sure) I had my ex-lover from London on the phone asking for one last chance.  For the first and last time, I said ‘No’ properly.  It was after the sweat lodge prayer and I was crystal clear.  Now I was truly free from any involvement whatsoever.  I was free to pay attention to where it was due.

On Tuesday I arrived for a session of Holographic Repatterning with my friend Christina.

I had booked the session a week ago to help with my relationship with Jamie, but there was something else on the menu.  It soon emerged that the key theme I was ready to explore was meeting the right partner.

In the session, Christina revealed to me that I held the unconscious belief that ‘I could never meet a partner that could meet me on all levels’.  This was a core reason I had been compromising myself in other relationships.  She worked with me for over 2 hours to shift this belief, and, three days later…

Pat was covering his childminder housemate’s shift for the day and we were looking after the boys together in the schoolyard.  (Actually, Ann had been trying to set us up for a while as Pat had already eyeballed me with great interest, but I hadn’t noticed).

It was the first chance Pat and I had to really talk.  I told him about Martin No. 2 and the broken back.  Knowing a little about me he commented that it’s very difficult to have a relationship with someone who isn’t spiritual if you are yourself.  I liked him.  I liked the way he sat on a rock in the playground and looked like a cowboy in the Wild West.

Although I didn’t know why, I agreed that I might meet him for a drink that night.  I was feeling incredibly sensitive and anti-social (and a pub is the last place I’d go at the best of times) but something led me into the Sea Trout Inn.  The Sea Trout was Pat’s regular drinking hole, just a stone’s throw from the cottage Christina had found for us to move into after our stay in the caravan.

I laid aside my puritanical Buddhist prejudices and was pleasantly surprised by the level of meaningful communication happening amongst the public bar locals. Pat was typically animated and in full flood “You’ve gotta get outta yar head and intta yar heart” he was insisting.  He sounded like a cowboy too, or maybe one of those charismatic American preachers.

“A bit full on”  I thought to myself, but I was intrigued.  And then, suddenly, in the middle of all the passionate discussion, Pat and I gazed intently upon each other.

‘I see you’, he said, slowly and knowingly.  ‘I see you too’, I replied with equal gravitas.  In that moment, we did indeed truly see one another.  It was like a lightning flash had struck and lit up the entire vast landscape of who we are.

The moment returned to darkness, but the flash revealed something forever.  At that moment I realised that I recognised Pat, that I knew him, and with that knowledge came the deepest trust and truest love.

We parted in the car park with us both feeling somewhat stunned.  “I lo…lo…lo…” Pat stammered.  He seemed to be saying something and stuffing it back into his mouth at the same time.  He looked as perplexed as I felt.  Was he trying to resist saying that he LOVES me?  Nah.  Surely not.

I went back to the cottage and received the news that my gran had just passed away.  Dear Gran.  Dear kind, loving, strong, simple, generous, understanding, fiesty, affectionate gran.

My spirit couldn’t help but elevate to commune with her and God and the afterlife and all of that other indescribable stuff that these words just don’t do justice to.  Her love and essence were filling the Devon skies and I just had to fly with her for a while.

As if in a dream, I found myself popping into the pub at Sunday lunchtime to find Pat.  It was completely unplanned.  All of a sudden I was there inviting him to take a walk on Dartmoor with me.

We talked about gran and meditation.  Sitting by a rock pool, he told me he would have loved to study psychology if he’d ever been able to.  I told him that psychology had been my main subject at University.  Without thinking about it, I took his hand as we walked back to the car.  It was as though a greater force was acting through me.  I certainly didn’t have the where-with-all to acknowledge what was going on or make any judgements with my head.  I was in the spontaneous and innocent world of my heart alright.

We shared our first kiss in the Sea Trout car park the next night.  I was preparing to go to Gran’s funeral later that week.  “Come. Back. To. Me”  Pat said plainly.  I’d already explained that I had a few romantic loose ends to tie up and couldn’t promise anything.

“Take whatever time you need”, he replied.  The day before I flew to Scotland, he appeared in the school playground at pick-up time.  Pressing a rose quartz into my hand, he wished me well on my trip.  Keen interest and support, understanding and freedom.  This was a recipe for love.  I recognised these qualities from my ideal man list.

It took me another couple of weeks to fully absorb the significance of what was occurring, but in the aftermath of my gran’s funeral, it was a simple and inevitable fact that we would love each other and be together.  “Shall we love each other, then?” Pat had asked after an evening of endless, sublime kissing.  “Yes, let’s” I replied, but it didn’t really need an answer.

I’d never experienced anything like it.  There was no posturing or trying to impress each other and no attempts to hide our less favourable attributes – we were just relaxed and unselfconscious with each other from the very beginning.

And there was no question about whether or not we’d be together – no push-pull fear of rejection or of being overwhelmed, no insecurity whatsoever.  Likewise, there was no great destabilising intoxication – the feelings were immediate and profound, but our heads were clear and our feet were on the ground.  It was so straightforward – complete harmony, complete certainty – and left nothing to negotiate.

Sixteen months later, we were married.

As I was to discover, Pat had also prepared well for the arrival of what he called a ‘divine relationship’ in his life.  A long-time meditator like me, Pat had worked through all the issues raised by previous relationships.  He particularly practised forgiveness (including himself) and was unusually clear, more so than me, of the sort of relationship backlog that we often carry into future relationships (and mess up by referring back to ghosts instead of the person with us now).

He had also used a specific manifestation meditation to call his vision of a relationship into being.  Popularised and taught by Wayne Dwyer in the 80s, this ancient practice brings together the power of the chakras, the voice, and creative visualisation.  We call it the Ah/Om meditation.

Most importantly of all, perhaps, Pat adopted an attitude that he referred to as ‘100% intention with 100% surrender’.  Although he was very clear about the partner he sought and would not compromise with less, he was also prepared for it not to happen and would be perfectly happy to stay alone should he not find his match.

This is the fine and paradoxical art of being open to one’s aspirations and creative possibilities while at the same time being fluid with our expectations.  Many people either don’t let themselves dream through fear of not succeeding or strangle their dreams by having too much at stake and therefore too desperate for them to come true.

Often we don’t let ourselves aspire by assuming we won’t succeed (‘Can’t have’), or corrupt our aspirations into egotistical ambitions by having too much self-worth at stake if they flounder (‘Must have’).  Either way, it betrays a lack of self-knowledge and self-belief.  When we see ourselves clearly and believe in ourselves, we don’t need to push things away or grab things towards us to shore up a hollow sense of ourselves.

We can allow things to be what they are, free from what we have invested in them.  In this freedom, we can experience the natural flow of coming and going, and somewhat magically, all our true needs are satisfied (‘Having-ness’).

Like the lack of belief I had that I could find someone who could meet me on all levels.  But, with Christina’s help, I addressed that hidden and restrictive belief.  Pat certainly can meet me on all levels.  This relationship is easily the most satisfying and stimulating either of us has ever known on the domestic, physical, emotional, intellectual and spiritual levels.

It is grounded and it is sacred.  We are plumming depths and scaling heights together that would have been hard to access alone.  Of course, it is also intense and challenging.  We share so much.  As well as living together and joining our families, we have jointly launched our life, business and spiritual coaching practice, Thrivecraft.

One day last year, I came across the description of the ideal partner I wrote all that time ago.  As Pat and I re-read it together, I was filled with a strange, joyful realisation.  The man who those words described was now nuzzling my neck, sharing my life and my deepest aspirations.  It’s amazing what we can magnetise into our lives with clear intention and positivity.  Now I understand a little more about those compelling forces that brought me to Devon.

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