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Preparing for Divorce – A Guide to Gathering the Right Paperwork
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Preparing for Divorce – A Guide to Gathering the Right Paperwork

Published on
Chris Sweetman
Chris Sweetman
Editor at The Divorce Magazine
Director at Fair Result

Preparing for a divorce can be an overwhelming process – especially when it comes to gathering the necessary paperwork. This guide will help you understand what documents you need and how to organise them effectively.

By being well-prepared, you can streamline the divorce process and potentially save time and money.

Having all your documents in order also gives you a clearer picture of your situation, which can be invaluable when making important decisions.

Financial Documents

Start by collecting all relevant financial documents. Having a clear picture of your financial situation is crucial for fair asset division and potential spousal maintenance calculations. Also, it’s important to be mindful of hidden assets. These typically include:

  • Bank statements for the past 12 months
  • Credit card statements
  • Mortgage documents or rental agreements
  • Payslips and P60 forms
  • Tax returns for the past three years
  • Pension statements
  • Investment account statements
  • Documentation of any debts or loans

Property and Asset Information

Gather documents related to your property and assets. These documents will help determine the total value of your marital assets for equitable distribution.

  • House deeds or lease agreements
  • Vehicle registration documents
  • Valuations of high-value items (e.g., jewellery, art, antiques)
  • Business ownership documents, if applicable

Personal Identification Documents

Ensure you have copies of essential personal documents. These documents may be required for various legal procedures during the divorce process.

  • Birth certificates for you and any children
  • Marriage certificate
  • Passport
  • Driving licence

Child-Related Documents

If you have children, collect the relevant paperwork. This information will be vital if child arrangements need to be determined as part of the divorce proceedings.

  • School records
  • Medical records
  • Child benefit information
  • Any existing custody or visitation agreements

Other Legal Documents

Gather any existing legal documents that may be relevant. These documents can significantly impact the divorce proceedings and outcomes.

  • Prenuptial or postnuptial agreements
  • Previous court orders or judgments
  • Separation agreements
  • Wills or trusts

Organising Your Paperwork

Once you’ve gathered all the necessary documents, it’s time to organise them effectively. Create a filing system, either physical or digital, that works for you. This might involve using folders, binders, or cloud storage solutions.

Make copies of all important papers. Keep one set for yourself and prepare another for your solicitor.

Store the originals in a secure location, such as a safe deposit box or a locked filing cabinet at home.

Consider using a spreadsheet to track and summarise financial information. This can be particularly helpful for complex financial situations.

Being organised will help you and your solicitor navigate the divorce process more efficiently. It can also reduce stress by giving you a sense of control over the situation.

Final Thoughts

Gathering the right paperwork for your divorce may seem daunting, but it’s a crucial step in ensuring a fair and smooth process. Following this guide and consulting with your solicitor will prepare you to move forward with your divorce proceedings.

Remember, thorough preparation can lead to better outcomes and potentially reduce the stress and duration of the divorce process.

While collecting and organising all these documents may take time and effort – doing so will ultimately serve you well as you navigate this challenging life transition.

If you’re unsure about any aspect of document gathering, don’t hesitate to seek advice from your solicitor. They can provide guidance specific to your situation and ensure you haven’t overlooked any crucial paperwork.

Read more articles by Fair Result.

Read more articles by Chris Sweetman.

About Chris Sweetman

Chris Sweetman is an independent family solicitor and director of Fair Result – An award-winning law office who pride themselves on using innovative ways to help clients through the stress and complications of a marriage breakdown.

Chris can be contacted on 07500933818 or via email chris@fair-result.co.uk.

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How to Know If It’s the Right Time for a Divorce
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How to Know If It’s the Right Time for a Divorce

Published on
Chris Sweetman
Chris Sweetman
Editor at The Divorce Magazine
Director at Fair Result

Deciding to end a marriage is one of life’s most challenging decisions. While there’s no universal “right time” for divorce – certain signs may indicate it’s time to consider this option. In this article we will explore key indicators and important considerations when contemplating divorce.

Signs Your Marriage May Be in Trouble

Persistent unhappiness is often the first sign that a marriage is in trouble. If you’ve been consistently unhappy for an extended period, despite efforts to improve the relationship – it may be time to reassess your marriage.

This feeling often goes hand-in-hand with a breakdown in communication. When attempts at meaningful dialogue consistently fail or lead to arguments – it can signal a fundamental issue in the relationship.

Infidelity is another major factor that can lead to divorce. Repeated unfaithfulness or an inability to rebuild trust after infidelity can be deal-breakers for many couples. Even more serious is the presence of abuse in a relationship. Physical, emotional, or verbal abuse, like financial control, should never be tolerated and is a clear sign to seek help and consider leaving.

Sometimes, couples find themselves growing apart due to diverging values or goals. If you and your spouse have fundamentally different life aspirations or core values that can’t be reconciled, it may lead to irreconcilable differences.

Red Flags That Shouldn’t Be Ignored

A complete loss of intimacy, both physical and emotional – can indicate a deep disconnect between partners. This lack of closeness often signals that the relationship has moved from a romantic partnership to a mere cohabitation arrangement.

Addiction issues can also strain a relationship beyond repair. Untreated substance abuse or other addictive behaviours not only affect the individual but can have devastating effects on the entire family unit.

Financial problems, particularly financial infidelity or constant money stress – can erode trust and stability in a marriage. Persistent financial dishonesty or unresolvable conflicts over money management often lead couples to consider divorce.

Some couples stay together solely for the sake of their children. While considering children’s well-being is crucial – remaining in a dysfunctional marriage may not be in their best interest long-term. Children are perceptive and can often sense tension and unhappiness between their parents.

If you’ve exhausted all options – tried counselling, communication strategies, and other interventions without success – it might be time to consider separation or divorce.

Important Considerations Before Deciding

Before making a final decision about divorce, it’s crucial to seek professional help. Engage in marriage counselling to explore all possibilities for reconciliation. A trained therapist can provide valuable insights and tools to help you navigate your relationship challenges.

Consider a trial separation. A period of living apart can provide perspective and clarity on the relationship. It allows both partners to experience life without the other and can sometimes rekindle appreciation for the marriage or confirm that separation is the right choice.

Consulting a divorce solicitor is also an important step. Understanding the legal implications and potential outcomes of a divorce can help you make a more informed decision. A solicitor can explain your rights, potential financial impacts, and issues related to child custody if applicable.

Lastly, take time for self-reflection. Consider your own needs, well-being, and future goals. Think about what you want your life to look like in the coming years and whether your current relationship aligns with those aspirations.

Final Thoughts

The decision to divorce is deeply personal and should never be made hastily. If you’re consistently feeling that your marriage is beyond repair and is causing more harm than good – it may be time to seriously consider your options.

Remember, seeking professional guidance can help you navigate this difficult decision and its aftermath.

Whatever you decide, prioritise your well-being and that of any children involved. There’s no shame in ending a relationship that no longer serves you – just as there’s value in fighting for a marriage that still has the potential for happiness and growth.

Read more articles by Chris Sweetman.

About Chris Sweetman

Chris Sweetman is an independent family solicitor and director of Fair Result – An award-winning law office who pride themselves on using innovative ways to help clients through the stress and complications of a marriage breakdown.

Chris can be contacted on 07500933818 or via email chris@fair-result.co.uk.

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What is a Single Joint Expert (SJE)?
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What is a Single Joint Expert (SJE)?

Published on
Chris Sweetman
Chris Sweetman
Editor at The Divorce Magazine
Director at Fair Result

Divorce can be a complex and emotionally charged process, especially when it involves the valuation of shared assets. One crucial element that often comes into play is the role of a Single Joint Expert (SJE). In this FAQ guide, we’ll delve into what an SJE is, why they are important, and how they can help streamline your divorce proceedings.

What is a Single Joint Expert (SJE)?

A Single Joint Expert (SJE) is an independent expert appointed jointly by both parties in a divorce case to provide an impartial valuation or assessment of shared assets. This expert is usually agreed upon by both parties and approved by the court. The SJE’s role is to offer a neutral perspective, ensuring that both parties receive a fair and accurate evaluation of their assets, which can include properties, businesses, and other significant financial interests.

Why is an SJE Important in Divorce Proceedings?

  1. Neutral and Unbiased Opinion: An SJE provides an objective assessment, which helps to prevent disputes and ensures that neither party feels disadvantaged.
  2. Efficiency and Cost-Effectiveness: By using a single expert agreed upon by both parties, the process becomes more streamlined and can reduce the overall costs compared to each party hiring their own expert.
  3. Court Approval: The court often prefers the use of SJEs because their involvement can lead to quicker resolutions, reducing the court’s workload and encouraging settlements outside of court.
  4. Clarity and Precision: SJEs are experts in their fields, providing detailed and accurate valuations that can withstand scrutiny from both parties and the court.

How is an SJE Appointed?

The appointment of an SJE typically follows these steps:

  1. Agreement Between Parties: Both parties must agree on the need for an SJE and select a suitable expert.
  2. Terms of Reference: The scope of the SJE’s work is defined in a document called the terms of reference, which outlines what the expert is expected to evaluate and report on.
  3. Court Approval: The agreed-upon expert and the terms of reference are then submitted to the court for approval.
  4. SJE’s Report: The SJE conducts their evaluation and provides a detailed report to both parties and the court.

What Happens After the SJE’s Report?

Once the SJE’s report is submitted, both parties have the opportunity to review and discuss the findings. If there are any disagreements or additional clarifications needed, these can be addressed through further questions or discussions with the SJE. Ultimately, the report serves as a key piece of evidence in reaching a financial settlement.

Final Thoughts

At Fair Result, we understand the complexities of divorce and the importance of accurate asset valuation. Our team is experienced in working with SJEs and can guide you through the process to ensure a fair and equitable outcome.

Read more articles by Chris Sweetman.

About Chris Sweetman

Chris Sweetman is an independent family solicitor and director of Fair Result – An award-winning law office who pride themselves on using innovative ways to help clients through the stress and complications of a marriage break down.

Chris can be contacted on 07500933818 or via email chris@fair-result.co.uk.

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A Guide for Parents - Devising a Co-Parenting Plan Before Getting a Divorce
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A Guide for Parents – Devising a Co-Parenting Plan Before Getting a Divorce

Published on
Chris Sweetman
Chris Sweetman
Editor at The Divorce Magazine
Director at Fair Result

Going through a divorce can be emotionally and logistically challenging, especially for parents with children. While the decision to end a marriage may be difficult, it’s crucial to prioritise the well-being of the children throughout the process. One of the most important steps in this regard is devising a comprehensive co-parenting plan before finalising the divorce.

A well-crafted co-parenting plan not only sets the tone for a healthy co-parenting relationship post-divorce but also ensures that both parents remain actively involved in their children’s lives. It provides a framework for effective communication, decision-making, and conflict resolution, ultimately minimising the impact of the divorce on the children.

By establishing clear guidelines and expectations from the outset, parents can foster a cooperative and supportive environment for their children, helping them navigate this transitional period with greater ease and stability.

Understanding the Concept of Co-Parenting

Co-parenting refers to the process of raising children collaboratively after a separation or divorce. It involves both parents actively participating in decision-making, sharing responsibilities, and maintaining a healthy relationship for the well-being of their children.

Successful co-parenting requires a commitment to putting aside personal differences and focusing on the children’s best interests. Key principles of effective co-parenting include:

  • Open and respectful communication
  • Consistency in parenting styles and rules
  • Flexibility and compromise
  • Avoiding conflict in front of the children
  • Maintaining a united front when addressing children’s needs and concerns

While co-parenting can be challenging, especially in the aftermath of a divorce, both parents need to work together and prioritise their children’s emotional and developmental needs. This often involves setting aside personal grievances and cultivating a cooperative and supportive dynamic.

Establishing a Parenting Schedule

One of the most crucial components of a co-parenting plan is establishing a fair and consistent parenting schedule. This schedule should outline the custody arrangements and visitation schedules, ensuring that both parents have ample time to be actively involved in their children’s lives.

When determining custody arrangements, parents can choose from various options, including:

  • Joint custody: Both parents share legal custody and decision-making responsibilities for the children.
  • Sole custody: One parent has primary legal and physical custody, while the other parent has visitation rights.
  • Shared physical custody: Children spend a significant amount of time living with each parent.

The parenting schedule should consider factors such as work schedules, children’s extracurricular activities, and living arrangements. It’s essential to create a schedule that minimises disruptions to the children’s routines and provides stability.

To ensure a smooth transition, the schedule should clearly outline the pickup and drop-off times, as well as any special arrangements for holidays, vacations, and other important events.

Handling Decisions Related to Children

In addition to establishing a parenting schedule, a co-parenting plan should outline how major decisions concerning the children will be made. These decisions may include matters related to education, healthcare, religion, and extracurricular activities.

It’s crucial to establish clear guidelines for communication and conflict resolution when making these decisions. Parents should agree on a process for discussing and resolving any disagreements that may arise, such as seeking the assistance of a mediator or counsellor if necessary.

The co-parenting plan should also address potential changes in circumstances, such as relocation, remarriage, or adjustments in financial situations. Having a framework in place for addressing these changes can help minimise conflicts and ensure that the children’s best interests remain the top priority.

Managing Finances and Child Support

Financial considerations are an essential part of a co-parenting plan, particularly when it comes to child support and shared expenses for the children’s needs.

The plan should clearly outline the child support obligations and payment arrangements – taking into account factors such as each parent’s income, the number of children, and any relevant legal guidelines or agreements.

In addition to child support, the co-parenting plan should address how expenses related to the children’s needs, such as clothing, extracurricular activities, educational costs, and medical expenses, will be divided between the parents. Establishing a fair and equitable system for sharing these costs can help prevent future conflicts and ensure that the children’s needs are met.

It’s also important to review any potential tax implications and benefits related to child support and shared expenses. Consulting with financial advisors or legal professionals can provide valuable guidance in navigating around financial assets.

Maintaining Healthy Boundaries

While co-parenting requires open communication and cooperation, it’s equally important to maintain healthy boundaries between the former spouses. The co-parenting plan should establish clear guidelines for interactions and communication, ensuring that each parent respects the other’s personal space and privacy.

One critical aspect is avoiding exposing children to parental conflicts or using them as messengers or go-betweens. Children should not be burdened with adult issues or placed in the middle of disagreements between their parents.

It’s also important to respect each other’s personal lives and relationships. The co-parenting plan should outline boundaries regarding introductions to new partners, attending events together, and maintaining appropriate behaviour in front of the children.

By establishing and adhering to these boundaries, parents can create a more harmonious and supportive environment for their children, minimising the potential for further emotional turmoil or confusion.

Involving Children in the Process

While devising a co-parenting plan, it’s essential to involve the children in an age-appropriate manner. This not only helps them understand the changes occurring in their family dynamic but also provides an opportunity for them to voice their concerns and fears.

Open communication with children is crucial throughout the process. Parents should strive to explain the situation in a clear and reassuring manner, emphasising that the divorce is not their fault and that both parents will continue to love and support them.

Depending on the children’s ages, parents can consider involving them in discussions about certain aspects of the co-parenting plan, such as visitation schedules or living arrangements. This can help children feel heard and respected – ultimately easing their transition into the new family dynamic.

It’s also important to encourage children to express their feelings and concerns openly. Parents should be prepared to actively listen and address any worries or questions that may arise, seeking professional counselling if necessary.

By involving children in the process and fostering open communication, parents can help mitigate the potential emotional and psychological impacts of divorce – promoting a smoother transition for the entire family.

Final Thoughts

Devising a comprehensive co-parenting plan before finalising a divorce is essential for parents committed to prioritising the well-being of their children. By establishing clear guidelines for custody arrangements, decision-making processes, financial responsibilities, and communication, parents can create a supportive and stable environment for their children during this transitional period.

While co-parenting can be challenging, it is vital for both parents to put aside personal differences and cultivate a cooperative dynamic. Seeking professional assistance from mediators, counsellors, or legal professionals can provide valuable guidance and support throughout the process.

Ultimately, a well-crafted co-parenting plan serves as a foundation for a healthy and nurturing relationship between parents and children, helping to minimise the potential negative impacts of divorce and fostering a more positive and harmonious future for the entire family.

Read more articles by Chris Sweetman.

About Chris Sweetman

Chris Sweetman is an independent family solicitor and director of Fair Result – An award-winning law office who pride themselves on using innovative ways to help clients through the stress and complications of a marriage break down.

Chris can be contacted on 07500933818 or via email chris@fair-result.co.uk.

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Navigating Divorce As An LGBTQ+ Couple In The UK.
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Navigating Divorce As An LGBTQ+ Couple In The UK

Published on
Chris Sweetman
Chris Sweetman
Editor at The Divorce Magazine
Director at Fair Result

Divorce is a significant life event that can have profound emotional, financial, and legal implications for anyone. Unfortunately, for LGBTQ+ individuals, the journey can be further complicated by societal prejudices, lack of understanding, and specific legal nuances. While the legalisation of same-sex marriage in the UK in 2014 marked a significant milestone, there are still complexities and potential challenges that LGBTQ+ couples may face during the divorce process.

Grounds for Divorce

In recent years, the UK introduced no-fault divorce laws, allowing couples to divorce without having to cite reasons such as unreasonable behaviour or adultery. This change brings greater simplicity and reduces potential conflict around assigning fault.

However, for LGBTQ+ couples, there may still be nuances to navigate when it comes to defining concepts like adultery within the context of their relationships. Some LGBTQ+ relationships have non-traditional structures or different boundaries around monogamy. Working with lawyers experienced in LGBTQ+ family law can ensure these nuances are properly understood and addressed.

Additionally, LGBTQ+ couples may face bias or lack of understanding from some legal professionals if explanations of relationship dynamics are required as part of proceedings. An LGBTQ+-friendly legal team is crucial for ensuring the divorce process is fair and respectful of all relationship styles.

Division of Assets and Finances

The division of assets and finances is a critical aspect of any divorce proceeding. For LGBTQ+ couples, this process may involve unique challenges. For example, if one partner has been financially dependent on the other, determining appropriate spousal support can be complex. Additionally, issues around property ownership and financial entitlements may require careful consideration, particularly in cases where the couple had a long-term relationship before same-sex marriage was legalised.

In a traditional heterosexual marriage, the division of assets and finances is typically based on the principle of fairness, taking into account factors such as the duration of the marriage, each spouse’s financial contributions, and any dependent children. However, for LGBTQ+ couples, additional factors may come into play.

One significant challenge can arise when one partner has been financially dependent on the other for an extended period. In some cases, LGBTQ+ individuals may have sacrificed career opportunities or financial independence due to societal prejudices or the lack of legal recognition for their relationship. Determining appropriate spousal support in these situations can be complex and may require careful consideration of the couple’s unique circumstances.

Another potential issue is property ownership and financial entitlements accumulated during the period before same-sex marriage was legalised in the UK. In some cases, LGBTQ+ couples may have been in long-term committed relationships for decades before being able to legally marry. Determining how to divide assets and finances in these situations can be intricate, as the legal framework for property rights and financial entitlements may have been different during that time.

Child Custody and Parental Rights

LGBTQ+ individuals have the legal right to adopt and raise children in the UK, and their parental rights are recognised in divorce proceedings. However, navigating child custody and visitation arrangements can be intricate, especially in cases involving surrogacy or co-parenting arrangements.

The legalisation of same-sex marriage in the UK has brought greater clarity and protection for LGBTQ+ parents’ rights in divorce proceedings. Regardless of their sexual orientation or gender identity – both parents are entitled to seek custody and visitation rights, and the court’s primary consideration is the best interests of the child.

However, there may be unique challenges for LGBTQ+ couples when it comes to child custody and parental rights. For example, in cases involving surrogacy or assisted reproductive technologies, legal issues around parentage and parental rights can be complex.

By understanding the legal rights and seeking guidance from experienced professionals, LGBTQ+ couples can navigate the complexities of child custody and parental rights during divorce proceedings with greater confidence and clarity. Ultimately, the primary focus should be on ensuring the best possible outcome for the children involved.

Domestic Partnerships and Civil Unions

Before same-sex marriage became legal in the UK, many LGBTQ+ couples entered into domestic partnerships or civil unions. The dissolution of these partnerships may involve different legal processes compared to traditional divorce proceedings. Couples in this situation must seek specialised legal advice to ensure their rights and interests are adequately protected.

In the UK, civil partnerships were introduced in 2005, providing same-sex couples with legal recognition and rights similar to those of married couples. However, the dissolution of a civil partnership followed a different legal process than divorce. After same-sex marriage became legal in 2014, existing civil partnerships could be converted into marriages, but some couples may have chosen to remain in their civil partnership.

For couples seeking to dissolve a civil partnership, the process is known as “dissolution” rather than divorce.

Additionally, the division of assets and financial entitlements in the dissolution of a civil partnership may follow different rules and guidelines compared to divorce proceedings. Legal professionals must be well-versed in these nuances to ensure a fair and equitable distribution.

Similarly, for LGBTQ+ couples who entered into domestic partnerships or other forms of legal recognition before civil partnerships or same-sex marriage were available, the dissolution process may involve unique complexities. These partnerships may have been governed by different laws and regulations, and the division of assets and financial entitlements could be subject to different considerations.

Discrimination and Sensitivity Concerns

While the law aims to be impartial and non-discriminatory, unconscious biases and prejudices can still influence the attitudes and actions of some legal professionals.

One area where discrimination can manifest is in child custody disputes. Despite legal protections, some judges or legal professionals may harbour biases that could influence their decisions regarding parental rights or the best interests of the child. LGBTQ+ parents may face unfair scrutiny or assumptions about their ability to provide a suitable environment for their children.

To mitigate the risks of discrimination and ensure a fair and equitable process, it’s crucial for LGBTQ+ couples to work with legal teams that are well-versed in LGBTQ+ family law and have a proven track record of sensitivity and inclusivity. These professionals can help advocate for their clients’ rights, challenge biased assumptions, and ensure that the unique circumstances and perspectives of LGBTQ+ couples are respected throughout the proceedings.

It’s important to remember that while discrimination and insensitivity may still exist, the legal system and society as a whole are continuously evolving to become more inclusive and accepting of LGBTQ+ individuals and families. By staying informed, advocating for their rights, and seeking out legal help – LGBTQ+ couples can navigate the divorce process with greater confidence and resilience.

Final Thoughts

Even though the journey may be challenging, LGBTQ+ couples need to understand their rights and seek guidance from professionals who are well-versed in LGBTQ+ family law. By approaching the process with understanding, sensitivity, and a commitment to fairness, couples can navigate the complexities of divorce and move forward with greater clarity and resilience.

Read more articles by Chris Sweetman.

About Chris Sweetman

Chris Sweetman is an independent family solicitor and director of Fair Result – An award-winning law office who pride themselves on using innovative ways to help clients through the stress and complications of a marriage break down.

Chris can be contacted on 07500933818 or via email chris@fair-result.co.uk.

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New Family Procedure Rules Encourage Non-Court Dispute Resolution
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New Family Procedure Rules Encourage Non-Court Dispute Resolution

Published on
Chris Sweetman
Chris Sweetman
Editor at The Divorce Magazine
Director at Fair Result

With the introduction of the Family Procedure Amendment 2 rules in April 2024, family law practitioners are encouraged to resolve financial disputes at the start of divorce proceedings. This aims to reduce delays and promote a more efficient resolution process. The recent case of NA v LA has highlighted the court’s commitment to non-court dispute resolution (NCDR), emphasising the importance of attempting these methods before resorting to litigation.

The robust approach taken by the court in NA v LA represents a significant shift. The court stayed proceedings, requiring the parties to engage in non-court negotiations. The ruling underlines the necessity of attempting NCDR before bringing a case to court, even in the absence of complete financial disclosure.

At Fair Result, we have always advocated for sensible and realistic financial resolution from the outset of a case. Most divorcing couples are aware of their financial landscape, including the value of their home, bank accounts, and debts. Negotiations should begin promptly, ideally within two to three weeks, even if some financial details, such as pension values, are still being obtained.

The courts have introduced a new form (FM5), requiring parties to submit their views on the suitability of NCDR at the start of the divorce process. This should be submitted alongside the divorce application, focusing the parties on settlement and negotiation immediately.

Emphasis on Non-Court Dispute Resolution

NCDR should be a priority for all parties involved in family law disputes. The judgment in Re X 2024 EWHC 538 emphasised the court’s expectation for serious efforts to resolve disputes outside of court. This judicial emphasis is expected to speed up financial resolution for divorcing couples.

NCDR Methods Going Forward

  1. Mediation: Mediation, including hybrid mediation with support from solicitors and accountants, can be used at the outset. Shuttle mediation can also be effective if parties prefer not to be in the same room.
  2. Collaborative Family Law: Involves roundtable meetings where disputes are resolved through sensible and achievable approaches without court involvement.
  3. Private Financial Dispute Resolution (FDR) Hearings: Parties can appoint a qualified judge to assist with negotiations, focussing entirely on the case without the rush of a court environment.
  4. Arbitration: If other NCDR methods fail, parties can appoint an arbitrator to decide specific aspects of their case, agreeing to be bound by the decision.

These methods provide a quicker, more cost-effective way to resolve financial disputes, minimising the emotional toll on the parties.

Failure to engage in NCDR without good reason could result in court proceedings, where the court may depart from the general rule of no cost orders. This could lead to cost penalties for parties who do not engage realistically with NCDR.

The new regulations empower the court to encourage NCDR at any time, without requiring the agreement of the parties. Practitioners must reflect on this change and encourage early negotiation and practical dispute resolution.

Final Thoughts

The landscape of family law dispute resolution is changing for the better, promoting quicker and more cost-effective solutions for divorcing couples. For a no-obligation discussion, please feel free to contact us at Fair Result.

Read more articles by Chris Sweetman.

About Chris Sweetman

Chris Sweetman is an independent family solicitor and director of Fair Result – An award-winning law office who pride themselves on using innovative ways to help clients through the stress and complications of a marriage break down.

Chris can be contacted on 07500933818 or via email chris@fair-result.co.uk.

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Business Assets in Divorce – Director Loan Account Obligations
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Business Assets in Divorce – Director Loan Account Obligations

Published on
Peter Marples
Peter Marples
Editor at The Divorce Magazine
Director at Fair Result

In every divorce where there is a business involved, there almost certainly will be the need to value it. Often, a Single Joint Expert (SJE) is appointed to do this, agreed by both parties.

The conclusion from the work of the SJE is always agreed upon by the Court and the Judge presiding over such matters. Remember the Judge is not an expert on financial matters, hence they get the opinion of a SJE to help them.

Fair-Result brings together unique accounting and finance skills. Indeed, we advise KC and Barrister Chambers on the financial aspects of Divorce through training and updating both KC’s and Barristers given our widespread knowledge.

The work of the SJE is determined by their terms of reference. It is important that these are correct as they direct what the SJE is being asked to do. The value of a business must be done on the basis of a ‘willing buyer and a willing seller’ – i.e. what someone would expect to pay for your business. That is not the headline valuation, it is after deducting debt and other matters, commonly referred to as ‘debt free, cash free’ to arrive at an equity valuation.

For most private businesses, owners have often significant Director Accounts balances. These are commonly amounts owed to the Company by the Directors. They typically represent private spending that the Director has incurred using Company Funds, which they are obviously required to pay back to the Company, normally through the use of Dividend payments.

With the significant issues arising from CBILS Loans and Bounce Back loans and changes in the tax regime for Businesses from April 2024, the declaration of dividends is now, no longer attractive to many business owners. This means Director Loans Account balances will stubbornly remain on the balance sheet of the business. BEWARE of this, because on the one hand, the business valuation by the SJE should include the amount due to the business from the Director Loan Account balance as it is a debt due to the business (i.e. assets). On the other hand, the Director (s) have a personal obligation to the business to repay the Director Loan Account Obligations.

It is important that when you complete your FORM E, declaring all of your assets and liabilities, you declare what your Director Loan Balance is. Very commonly, parties omit this from their FORM E, thus overstating their level of marital assets. Upon a settlement, if this is not considered then you could be saddled with a debt that needs repaying and it is not reflected in your settlement. We believe this is a major issue for parties who have divorced where they have not obtained appropriate advice from their legal advisors at the time.

Contact the team at Fair-result Limited to discuss how we can review how your business valuation was treated and the action you can take and most importantly if you are going through a divorce, how we can provide you with the expertise in this highly technical area. Remember lawyers aren’t accountants and this is about how the money flows in a divorce settlement.

Read more articles by Peter Marples.

About Peter Marples

Peter Marples – Director of Fair Result and qualified accountant, with the determination to change the way divorce is transacted. For further advice on financial settlements and navigating divorce, use the contact details below:

  • Email
  • Give the team a call – 07500933818 or 0333 577 7009
  • Complete an enquiry form

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Pre Action-Protocol Encourages The Use Of “One Couple One Lawyer”

Published on
Chris Sweetman
Chris Sweetman
Editor at The Divorce Magazine
Director at Fair Result

A pre-application protocol in family law financial remedy proceedings was published last week and it provides a very useful guide to the changes which the family courts will expect in family financial resolution proceedings.

The goal of the new family law protocol

The protocol sets out the main key steps every court will expect divorcing couples to take in relation to non-court dispute resolution (NCDR)

That is resolving the dispute other than through the court process and certainly making every attempt to resolve proceedings without ever having to start court proceedings the new protocol once again underlines the ever-present duty to make full honest disclosure and everybody involved in the proceedings will be required to comply with the terms of the new protocol even if they have not had professional legal advice.

The non-court dispute resolution process still recognises that full robust honest and transparent disclosure is an absolute prerequisite for both parties and it confirms that the use of the form E is still the best way for parties to exchange information.

In essence, both parties will still complete a form E even in the one couple one lawyer future world of financial divorce resolution.

Divorcing couples who obtain legal advice via the one couple one lawyer scheme can demonstrate that they have tried a constructive attempt to avoid contentious and costly court litigation by demonstrating that they have used the scheme in the first instance. Hopefully with sense and goodwill on both sides, many of the cases that lawyers once fought in and forced into court will no longer be necessary. But if it does become inevitable trying the one couple one lawyer approach in the first instance may protect you in relation to court costs moving forward.

The focus of this new approach is to move on to the process of resolving the financial dispute in an efficient and timely way and hopefully avoid the emotional toll on couples of the adversarial court approach. The guide goes on to stress that the one couple one lawyer approach should be conducted with minimum distress to the parties and in a manner designed to promote as good a continuing relationship between the parties and any children affected as possible in the circumstances.

The new approach also demonstrates the rising concern judges have expressed for a number of years now on the hugely escalating and disproportionate legal fees that have been shown to be on the increase year after year. It is simply not acceptable in our opinion nor in the opinion of the authors of the new protocol for the fees to be so disproportionate to the overall financial value of the subject matter of the dispute. Proportionality must always be taken into consideration and looking at the guide if the resolution is not achieved and court litigation is required the court will take into account when considering and if so to what extent to make an order for one party to pay the cost of the other party if they have been overly aggressive or litigious in their approach in the first instance.

Read more articles by Chris Sweetman.

About Chris Sweetman

Chris Sweetman is an independent family solicitor and director of Fair Result – An award-winning law office who pride themselves on using innovative ways to help clients through the stress and complications of a marriage break down.

Chris can be contacted on 07500933818 or via email chris@fair-result.co.uk.

You might be interested in

A Complete Guide to Getting a Divorce: Navigating the Path to a New Beginning
Image provided by Fair Result.
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A Complete Guide to Getting a Divorce: Navigating the Path to a New Beginning

Published on
Chris Sweetman
Chris Sweetman
Editor at The Divorce Magazine
Director at Fair Result

Divorce, a term that carries weight and often marks a significant turning point in one’s life. Navigating through the complexities of divorce requires not only emotional resilience but also a practical understanding of the legal and financial aspects involved.

In this comprehensive guide, we’ll delve deeper into key elements of the divorce process, including the shift towards no-fault divorce, effective co-parenting strategies, the importance of fair divorce settlements, and managing finances during and after divorce.

I. Understanding Divorce:

A. The Decision-Making Process:

1. Emotional considerations:
Embarking on the path of divorce is a deeply emotional journey. The decision-making process involves navigating complex feelings of sadness, anger, and uncertainty. Acknowledging and understanding these emotions is paramount for making informed and rational decisions during this challenging time.

2. Seeking counselling and professional advice:

In this emotionally charged process, seeking professional guidance becomes a crucial pillar of support. Whether through therapy or a legal representative, professionals can provide not only practical advice but also emotional support, helping individuals navigate the intricate decisions involved in the process.

B. Legal Grounds of Divorce:

1. No-fault divorce:
The legal landscape of divorce has evolved, as we see the introduction of the no-fault divorce system. This legal procedure enables a married couple to end their union without having to establish that one partner was at fault for the marriage’s dissolution. Therefore, neither spouse is required to present proof of infidelity, abandonment, or any other type of marital impropriety.

II. Shaping Co-Parenting Relationships:

A. Importance of Co-Parenting:

1. Prioritising children’s wellbeing:
Focussing on the wellbeing of children becomes a central tenet in co-parenting. This involves creating a stable and nurturing environment, shielding children from unnecessary disruptions, and ensuring their emotional needs are met throughout the process.

2. Effective communication between co-parents:
Establishing open lines of communication is fundamental for successful co-parenting. It is important that there is an effective level of dialogue between divorced parents to ensure that decisions align with the best interests of the children.

B. Crafting a Co-Parenting Plan:

1. Custody arrangements:
Navigating the complexities of custody arrangements involves understanding the available options and tailoring them to suit the unique needs of the family. It is important that as a couple and with your legal representatives, you discuss the various options and possible implications of these.

2. Creating a supportive environment for children:
Beyond legalities, creating a supportive environment for children is paramount. This is not just a difficult time for you and your ex, it is difficult time for the children. It is important that you foster a positive atmosphere for the children during and after the divorce, emphasising their emotional wellbeing.

Conclusion:

Going through separation is undoubtedly challenging, but with the right knowledge and support, it can also be a transformative process leading to a brighter future. For a more in-depth understanding and valuable insights, download Fair Result’s Free Guide to Divorce, which offers expert advice and practical tips to empower you throughout your journey.

About Chris Sweetman

Chris Sweetman is an independent family solicitor, Editor at The Divorce Magazine, and Director of Fair Result – An award-winning law office who pride themselves on using innovative ways to help clients through the stress and complications of a marriage break down.

Chris can be contacted on 07500933818 or via email chris@fair-result.co.uk.

You might be interested in

Divorce Month 2024: Trends, Statistics, and Financial Realities.
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Divorce Month 2024: Trends, Statistics, and Financial Realities

Published on
Peter Marples
Peter Marples
Editor at The Divorce Magazine
Director at Fair Result

As the clock struck midnight on the 1st of January 2024, not only did it mark the beginning of a new year but also the renowned “Divorce Month.” This annual phenomenon sees a surge in enquiries to family lawyers from couples seeking to untangle the threads of their marriages. However, this year’s Divorce Month may differ, according to recent research that unveiled the profound impact the cost of living crisis had on divorce proceedings.

In this blog post, we will delve into the key divorce statistics and trends, shedding light on the financial pressures causing delays and explore why many individuals choose Divorce Month to initiate this stressful process.

The Cost of Living Crisis and Its Ripple Effect on Divorce Proceedings

Legal & General’s research reveals a staggering statistic – the cost of living crisis has led to the postponement of 19% of divorces, involving a staggering 270,000 couples. Fair Result emphasises that financial pressures, including income concerns, cost of living pressures, and the expenses associated with divorce, have become significant deterrents to separation.

The Economic Strain and its Role in Delaying Divorces

Peter Marples, Director at Fair Result said, “While financial pressures can be a breaking point for some couples, they also serve as a glue, keeping others together. The challenging economic landscape, characterised by inflation and interest rate rises since 2020, has made it difficult for families to navigate the complexities of divorce. Selling and buying homes, new mortgage rates, and maintaining two households have become unattainable for many.”

Divorce Month: A Consequence of Economic Challenges

The timing of divorce enquiries, particularly on the first working day after the new year, has earned the title “Divorce Month.” However, the research suggests a shift in this trend, with 272,000 divorces reportedly postponed due to financial concerns. The economic strain is evident, as 48% of divorcees experienced a 31% reduction in their incomes, leaving them with an average of £9,700 less each year.

The Overlooked Role of Pensions in Divorce

Surprisingly, despite the financial implications of divorce, only one in five couples discussed their pensions when dividing assets. The Pensions and Lifetime Savings Association (PLSA) released guidance on how private workplace pension schemes could aid spouses during divorce, highlighting the importance of considering long-term financial implications.

The Fallout on Retirement Funds

The impact of divorce on retirement funds is significant, with an average monthly reduction of £63 contributed to pension pots. Joe Dabrowski, Deputy Director of Policy at the PLSA, emphasises the importance of ensuring both parties are provided for in retirement, especially when one party has been the primary earner.

Divorce Statistics and Trends in 2023

A comprehensive look at divorce statistics from 2023 reveals a changing landscape. The introduction of no-fault divorce laws in April 2022 aimed to reduce conflict among divorcing couples. Between April and June 2023, there were 24,624 divorce applications under the new law, marking a 30% decrease from the previous year when the law was first introduced.

Reasons Behind January Divorce Enquiries

The tradition of Divorce Month, often fuelled by media reports, is questioned by family lawyers who note similar peaks in divorce enquiries in other months, such as September. The post-holiday period brings a culmination of pressures, from the demands of the festive season to the desire to create a perfect Christmas. Couples may also postpone divorce until after Christmas, attempting to save their marriage or provide one last united holiday for their children.

When is the Right Time to Start a Divorce?

Divorce Month does not impose a mandatory starting point for divorce proceedings. Understanding the readiness to divorce involves considering various factors. The decision may stem from the pressures of the festive season, the desire to save the marriage for one final Christmas, or the reflection and resolutions that come with the new year.

A New Chapter and Positive Resolutions

Amidst the challenges, divorce also signifies a new beginning. Individuals contemplating divorce are encouraged to communicate and resolve disputes amicably, focussing on co-parenting for the wellbeing of their children. The end of a marriage can be an opportunity for personal growth and positive change.

Final Thoughts

As we navigate Divorce Month 2024 against the backdrop of a cost of living crisis, it is crucial to acknowledge the challenges and opportunities presented by divorce. If you are considering divorce, seek the guidance of divorce professionals to ensure a fair and equitable process. Whether it’s financial advice or legal support, taking proactive steps can pave the way for a smoother transition. Embrace the new chapter that awaits and ensure that the decisions made during this challenging time lay the foundation for a brighter future.

Do you have any questions or need support with initiating divorce proceedings? Contact our team of experts today.

Read more articles by Peter Marples.

About Peter Marples

Peter Marples – Director of Fair Result and qualified accountant, with the determination to change the way divorce is transacted. For further advice on financial settlements and navigating divorce, use the contact details below:

  • Email
  • Give the team a call – 07500933818 or 0333 577 7009
  • Complete an enquiry form

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Budgeting for One: A Guide to Post-Divorce Finances
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Budgeting for One: A Guide to Post-Divorce Finances

Published on

Embarking on the journey of financial planning post-divorce can be a challenging but transformative process. Navigating the complexities of single parenthood and managing tighter finances might seem overwhelming. Divorce often brings significant financial changes, transitioning from joint incomes to a single income, requiring a solid financial plan.

Here’s a breakdown of key aspects to consider:

1. Budgeting and Financial Planning:

  • Dive deep into your income, expenses, and financial obligations to create a realistic plan aligning with short-term and long-term goals.

2. Debt Management:

  • Prioritise and manage shared debts, exploring strategies for a debt-free future.

3. Insurance Analysis:

  • Review insurance coverage to ensure adequate protection for you and your children.

4. Investment Guidance:

  • Craft a tailored investment strategy based on your risk tolerance, time horizon, and financial goals.

5. Asset Division and Settlement Support:

  • Navigate asset division with insights into short and long-term consequences and make informed financial decisions.

6. Estate Planning:

  • Safeguard assets and secure your children’s future by creating a comprehensive estate plan, including wills, trusts, and guardianship arrangements.

7. Tax Planning:

  • Collaborate with a tax advisor to comprehend and optimise post-divorce tax implications.

Navigating these aspects can empower your financial journey after divorce. Consider seeking guidance from financial professionals or utilising online resources to make informed decisions tailored to your unique circumstances.

Read more articles by Peter Marples.

About Peter Marples

Peter Marples – Director of Fair Result and qualified accountant, with the determination to change the way divorce is transacted. For further advice on financial settlements and navigating divorce, use the contact details below:

  • Email
  • Give the team a call – 07500933818 or 0333 577 7009
  • Complete an enquiry form

You might be interested in

Improving the Divorce Process - TDM Expert Interviews (EP. 3) - Chris Sweetman
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Improving the Divorce Process – Thoughts from Chris Sweetman

Published on
Chris Sweetman
Chris Sweetman
Director
Fair Result

Join us for a profound conversation with Chris Sweetman, Director at Fair Result, as we explore the urgent need for reform in the current divorce process. In this enlightening interview, Chris passionately advocates for a ground-breaking shift in the way couples approach divorce.

Discover why he believes that prioritising financial and child arrangements before initiating the divorce process can save time, money, and emotional turmoil. This innovative perspective could be the key to a smoother, more amicable divorce journey.

Read on for the full transcript of our video, “Improving the Divorce Process.”

[Music]

Hello everybody um, so today we have Chris Sweetman um, he’s here to talk to us about the, current divorce process and what his thoughts are about some amendments or some changes that can be made to our divorce process in the UK.

Um, Chris is uh with Fair Result and he’s really passionate about the welfare of children and families post-divorce and how that can be made easier, quicker and also for the families themselves, how the divorce process or what his thoughts are about the divorce process can actually make it much easier for people going through divorce compared to what the current status is.

What is the current divorce process at the moment?

So Chris maybe you can just tell us what, how, what is the divorce process at the moment?

The divorce process at the moment is basically split into three parts the actual legality of the divorce process, which is done predominantly now online, then there’s the issue resolving the financial aspects of a marriage and if there are any children involved then the third part of the divorce process is resolving any arrangements that you need to make in respect of the children. Okay.

What are your thoughts on the current divorce process compared to your proposed idea and why?

My personal views are that the, the process at the moment is actually the wrong way round. You’re allowed to start the divorce process which is the legality of ending the marriage, which takes an application of about 20 minutes online, then a waiting process of 20 weeks for a conditional order to be uh, granted by the court service and a further six weeks before the final order is granted by the court which formally ends and dissolves the marriage.

In that time parties are expected to sort out, all the financial arrangements and all the children’s arrangements but unfortunately the way the system works at the moment, in terms of being able to apply to court for a court listing where you to need that in the financial or the children’s hearings, the court system is so far behind at the moment, that it doesn’t allow the system to work within that six-month window.

My process would be actually, because of the contention and arguments that tend to happen sometimes with some divorces, it allows the process to elongate itself and my view would be that the best way to deal with divorce, finances and children, would be for those matters to be sorted out before the parties could actually apply for a divorce/ ending the marriage so that it would focus the minds of the parties themselves and the lawyers advising them that what was really wanted in the case, was actually a resolution to the problems that have led to the families needing a divorce, so focus on the issues which are causing the problems, get those sorted out and then allow the parties to get the formality of the divorce at the end.

That I think, would actually focus the minds of people on what they actually wanted so that they could get the resolution to the children’s proceedings, they could get the resolution to the finance. Rather than being stuck in a system, that’s controlled by the courts and solicitors, who sometimes don’t work at the speed that actually the families want them to work at so essentially, turn it on its head. Start with the finances, start with the children, get those resolved and then you can apply for the divorce. That would be my way of speeding up the process and providing some kind of emphasis and effort on the parties resolving the big issues.

Okay, and so um, like you say turned the process on its head and you know if this is what you want, then get this done first and then you can get the divorce and that way people just focus on what is in front of them, as opposed to I think you gave give me an example of, um, where you can have couples who are embroiled in conflict over a few hundred pounds “where is it? What did you do with it?” and this just can keep going.

This is a situation often that happens with the finances in the first instance where parties tend to get stuck on finding out and resolving what the marital pot is. And unfortunately the system is such that you have to disclose all your information and I’m completely in agreement with disclosing all your financial information, but unfortunately then the system allows lawyers to act, ask needless and repetitive questions about finances that occurred maybe 18 months ago, 12 to 18 months ago.

We’ve had one instance recently where a lawyer insisted on obtaining financial bank statements from an account that had a closing balance of 8 pence and had, had a yearly balance that didn’t move from the eight pence in it all year but because there had been a transaction outside the last year before the divorce, they wanted to see all those statements and the client had to go through the process of applying to Virgin Money to get the statements because the bank account had been closed, all of which took time and created more animosity, between the parties when both of them knew this joint account had literally no money in it, but unfortunately the system because the way lawyers work, meant that they wanted to cover every base, and ensure that they’d seen this statement and that added at least four months to the process by the time that they’d raised the questions, obtained the bank statements, and then accepted that there was nothing more behind the eight pence bank account.

Four months to the process, it added four months to the process but we haven’t even touched on how much more it costs that could have been, thousands of pounds, thousands of pounds were added to the legal bills just because, the parties wouldn’t simply confirm to their lawyer that they want, that there was 8 pence in this account, my client was telling me that’s all there was but unfortunately on the other side, we were getting a situation where they wouldn’t accept it without the, the process being disclosed fully.

That cost my clients a lot of money, a lot of time, and in reality an awful lot of hassle between these two people, and the children that were involved because the parties were arguing about finances and they couldn’t end the divorce, and they couldn’t move on. If they wanted to move on, get those finances sorted out straight away quicker, sooner, more proactively, and then allow the divorce process to go ahead.

Do you see this new proposal not working for some couples?

I’m just wondering Chris, with the new well, with the new, with what you’re proposing the changes that you’re proposing do you see that kind of “new system” not working for some couples let’s say no, I, I see that the system would work for couples because actually, the couple who wanted to get divorced, the couple who wanted to move on in life, the couple who wanted to introduce a new partner to the children, who want the divorce to be ended, would actually put pressure on their lawyers to move quicker, faster and with a more urgency on resolving the issues.

Unfortunately, the system works at the moment where there’s no incentive to move quickly in a divorce process. If the clients were in charge saying “we desperately want to get divorced” but there was a system in place that said you can’t get divorced until you’ve sorted the children and the finances out, then I’m sure that there will be more compromise, more settlement, more proactive investigation of what was needed to resolve the issues because the parties themselves would be driving it more.

Whereas at the moment, there’s a, there’s a delay in the court system, there’s a delay in the process, it’s very slow and complex. Even since the new divorce process came in, in April 22 where the idea was that there would be this six-month process, divorce and financial and children’s uh resolution are still taking in excess of 12 months in the majority of cases, and that’s not good for the parties. Make them focus on their real goals and let them, then, then let them get the formality of the divorce ended at the end of the resolution of the main issues the children and the finances.

Okay, I was I was wondering if you know if, if it’s almost like saying “okay you want to get a divorce then you need to, to finalise your finances and the children arrangement.”

What if there was abuse or addiction in the relationship?

Um, and then in my mind I was thinking but what if there was um, abuse in the relationship or there was addiction in the relationship and one parent, or one half of the couple is made to feel like oh you know what forget everything, let’s just get the you know take whatever it is that you want I just want my divorce. But then I think what you’re saying is that they’re not doing it on their own they’ll still have solicitors with them, yes, to advise them so that that’s not a case that would um, no. Yeah that’s not a scenario that would.

When there are real issues surrounding the children and the needs of the children and what they want, clearly, the focus would be on resolving the issues, because they’re still going to be legally represented, there’s a, there’s, there’s going to be a pressure from the parties to resolve it, rather than a stagnation period which doesn’t help anybody, but they would always still be assisted by whatever advisors they chose to make sure that they weren’t simply just acquiescing to something that wasn’t in the best interest of them financially, or more importantly in terms of the children.

Okay, well Chris you know at The Divorce Magazine where you’re going to appear we are very big on, you know, as amicable divorces as possible and we are very child centered um, and child focused when it comes to divorce because we just want the best for the children. Um, we’re moving into that as well actually trying to ensure that parties focus on the main issues straight away. Unfortunately, there are still some old-fashioned lawyers out there who don’t want to do that approach where the main issue is to resolve the problems rather than create some problems.

Okay, thank you so much Chris, thank you for coming and speaking with me today at The Divorce Magazine and for those who have not yet subscribed to The Divorce Magazine Channel go on to YouTube and you will find the link will be at the bottom and you can subscribe there.

Thank you so much Chris.

No problem, thank you very much I hope your listeners enjoy it.

Yes I hope so too I think they will I think you’ve made some really good points. Thank you.

[Music]

Read more articles by Chris Sweetman.

About Chris Sweetman

Chris Sweetman is an independent family solicitor and director of Fair Result – An award-winning law office who pride themselves on using innovative ways to help clients through the stress and complications of a marriage break down.

Chris can be contacted on 07500933818 or via email chris@fair-result.co.uk.

You might be interested in

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