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Navigating your finances through divorce: A comprehensive guide
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Navigating Your Finances Through Divorce: A Comprehensive Guide

Published on
Andrew Robotham
Andrew Robotham
Divorce & Family Lawyer
Woolley & Co Solicitors

Going through a divorce is undoubtedly a challenging time, and it’s crucial to understand that completing the legal process is just one aspect. Sorting out finances is equally important but often overlooked. In this guide, we’ll address common reasons why people delay or avoid settling financial matters, emphasising the potential pitfalls, and offering guidance for a smoother financial transition.

Why do some delay a divorce settlement?

  1. Believing there is nothing to protect: Some couples think they have nothing valuable to protect, so hiring a solicitor seems unnecessary. However, even seemingly modest assets should be properly addressed to avoid future complications.
  2. Self-resolution confidence: Couples who are amicable and believe they can sort out financial arrangements by themselves may delay seeking professional advice. While this may work initially, unforeseen changes or disagreements can arise later.
  3. Cost concerns: The perception that hiring a solicitor is expensive leads some to avoid professional assistance. However, the long-term financial consequences of not settling matters properly can far outweigh the initial cost.
  4. Information agreements: Couples who have informally agreed on financial matters may skip the formal process. Unfortunately, without a legally binding agreement, these arrangements can be challenged in the future.
  5. Postponing due to stress: Some couples decide to delay financial discussions, thinking they can revisit them later. However, procrastination can lead to legal and financial complications down the road.

Importance of timely settlement

Future claims:

Without a consent order, an ex-partner may have legal claims on assets acquired post-divorce, such as lottery winnings or inheritances.

Changing circumstances:

Amicable relations can change due to new partners or altered circumstances. A delay might result in a partner changing their stance on previously agreed-upon terms.

Tax implications:

Delays may lead to unnecessary tax liabilities, especially regarding capital gains tax on property sales not considered the main residence.

Asset valuation:

Waiting to resolve assets can lead to disputes over their current value, potentially disadvantaging one party. It’s crucial to have up-to-date valuations during settlement discussions.

Financial advice and consent orders

Seek professional advice:

Consulting financial advisors and solicitors ensures you make informed decisions and protects your interests in the long run.

Consent orders:

Even if you’ve amicably agreed on terms, formalise the agreement with a court-issued consent order. This legally binding document prevents future disputes and ensures financial clarity.

Conclusion: Take control of your financial future

In conclusion, while the emotional aspects of divorce are undeniable, addressing financial matters promptly is crucial for a secure future. Regardless of the simplicity of your financial situation, seeking professional advice and obtaining a consent order will protect you from potential legal and financial pitfalls. Remember, the initial investment in settling matters now is far less than the potential cost – both financially and emotionally – of neglecting proper financial resolution. If you’ve decided on or are going through a divorce, ensure your financial affairs are in order for a smoother transition into the next chapter of your life.

Read more articles by Woolley & Co Solicitors.

About Andrew Robotham

Andy is an experienced divorce and family lawyer with Woolley & Co, Solicitors. He has built an enviable reputation in the Derbyshire and Leicestershire area. He deals with all areas of matrimonial law, including divorce, children matters, financial settlements as well as civil partnerships, separation, cohabitation, and prenuptial agreements.

In the 2020 edition of Legal 500 Andy is named as a Recommended Lawyer for Family Law in the East Midlands, where it is noted ‘Andrew Robotham’s qualities are numerous. He is able to combine empathy for the situation as well as total professionalism that the circumstances demand’.

You can visit Andy’s profile here for more.

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Truths-about-divorce
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19 Truths About Divorce That Will Make You Feel Better

Published on
Carol Madden
Carol Madden
Separation and Divorce Coach
Carol Madden Coaching

These are the words I desperately  needed to hear ten years ago

Lately, I’ve had so many things swirling around in my head that I know are so very valuable to anyone who is experiencing the end of a significant relationship. So, I’ve decided to share the truths about divorce that I’ve experienced.

Sometimes, I like to go in-depth on particular topics, but other times, I feel an impulse to get those key messages out quickly to people who I know need to feel like they are not alone in their pain and confusion.

During a recent two-week trip through the States for a coaching retreat, I met so many people who shared some of their biggest post-divorce struggles with me. I’m grateful for each and every one of them and humbled that they trusted me with their stories.

This week, I’m inspired to share some of the most valuable truths about divorce that have come to me since my divorce ten years ago and through hundreds of hours of coaching others through their divorce journeys.

I literally visualised myself ten years ago, lost, confused, scared, hopeless and desperate for someone to tell me that I was going to make it through.

If I was sitting on the end of my bed with that person now, this is what I would say.

  1. Divorce is not a failure: Redefine failure and success for yourself and what you truly believe about life. Not what society tells us. There are many married people who are quietly miserable; is this success?
  2. Emotions are valid: Allow yourself to feel anger, sadness, and confusion without judgment. There may even be times that you don’t see the point in living. It’s ok to feel this way. You are a human being going through intense grief. Every emotion is valid and will eventually pass.
  3. Self-care is essential: Prioritize your well-being throughout the process. Nothing is more important than how you care for yourself during a divorce. It’s even more important than the kids because you can’t look after them properly if you’re not looking after yourself first.
  4. Support is crucial: Lean on friends, family, or a coach who can provide emotional support. The best support is paid for. I found that my family and friends had limited time or expertise to help me when I was truly on my knees and going through a particularly bad trigger.
  5. Every divorce is unique: You can’t compare your healing and recovery to anyone else. I remember seeing a woman at work who seemed completely over the moon to be out of her marriage. Meanwhile, I could barely get through the day. This made me feel like more of a failure.
  6. Don’t underestimate patience: Healing and rebuilding take time. It’s not something that can be rushed. It’s also not linear. You can go back and forth between feeling strong and feeling devastated again in the space of a few days or weeks.
  7. Communication is vital: Open and honest conversations with your ex-spouse and your kids (depending on their ages) will lead to better outcomes. Take this opportunity to become a better communicator. If it’s not something you’re good at, reach out to a coach to help.
  8. Focus on the future: What you want in your post-divorce life matters. You are the creator of what happens to you now. What do you want? What is your vision? Get intentional, and don’t leave things to chance.
  9. Children need reassurance: Your kids need to see that you are consistently there for them in every way. If your co-parent is on board with this, awesome! If they’re not, focus on you and what you can do. Be the best parent you can possibly be for your kids, and never let them doubt that they have one hundred percent of your love and support.
  10. Financial planning is essential: Establish a stable financial foundation for yourself. If this is not your area of expertise, get some professional help. If you can’t afford it right now, hit up Uncle Google and find out what you need to know. There is no end of financial advice online for divorced people. Be proactive!
  11. Meditation and mindfulness can help: When the emotional chaos starts to overtake you (and it will), use these practices to calm the mind and get grounded back in reality rather than the worst-case scenarios that are causing anxiety and depression.
  12. Your happiness is your responsibility: A new relationship is not going to make everything all better. It can help in some ways and add value in others, but it can’t take away the fact that you need to properly heal from the grief of your marriage ending.
  13. Forgiveness is liberating: No matter what has happened or what your ex has done to you, forgiveness is going to help you in the long run. This one can be the most challenging for some of us; a divorce coach can help you get there faster.
  14. Life can be amazing again: This chapter is a part of your story, not the whole book. Divorce is not the end; it is the beginning of something new. You may reject this idea at first, but as your life evolves, you will begin to see that your new story can be even more exciting than the one you thought you were going to have.
  15. Newfound freedom: Don’t take your freedom lightly. As great as relationships can be, they do limit much of our personal freedom. You only have yourself to think about for now. Use this precious time to figure out what lights you up, and then get out there and do it!
  16. Boundaries are crucial: Set clear boundaries to protect your emotional well-being. If your ex is shaking you to the core with every interaction, it’s time to set some new boundaries. If your new partner is manipulating you, again, boundaries! If you need help with this, talk to a coach.
  17. Learn from the experience: Find the positives. Yes, there are positives to divorce, no matter what society tells us. It’s the most fertile soil for growth that you will ever experience. Sometimes, our personal growth comes in ways we wouldn’t have chosen. Nobody said that growth was easy.
  18. Closure comes from within: Closure doesn’t come from your ex. It has to come from within you. You may think that you need the right words from your ex to make you feel like you can put a full stop to the pain. The reality is that no matter what they say or don’t say, you are the only one who can decide that it is time to let go and move on.
  19. Crazy resilience: Fewer things in life can test the limits of your endurance, as a divorce can. As you slowly but surely move towards healing and acceptance, you can apply your new courage and strength to every area of your life: work, new relationships, family. You have levelled up in ways you never thought were possible.

I hope that some of these truths about divorce are able to give you some comfort as you deal day-to-day with the reality of your own separation.

The first two years after a marriage ends are absolutely brutal. Anyone who has been through it can tell you that those two years are by far the hardest.

There are many things you can do to make it better for yourself, but often, it feels like you are stumbling through the dark without a torch, just trying to survive each day.

It doesn’t have to be that hard, though. If you want to talk to someone who can help you take control of the chaos and get on top of things again, reach out to a professional who can help you strategize on the next step you need to take to start feeling in control of your life again.

Read more articles by Carol Madden.

About Carol Madden

I’m Carol Madden, a Post-Divorce Life Coach working with women around the world from my online practice.

I work with women who have been divorced for two years or more and thought they’d feel better by now. They’re functioning and getting on with life, but still struggling to let go, heal and move forward in their new post-divorce lives.

I’ve been through divorce myself, and that experience led me to this work. I know what it’s like to look fine on the outside while still carrying grief, guilt, confusion and all the unanswered questions underneath, even several years later.

I also know what it takes to come out the other side and build a life that feels good again.

I help women get to the heart of what’s holding them back, stop looking backwards and find the strength to move forward, even when it feels hard.

Discover me on social media:

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Ending a Civil Partnership or a Marriage: What are the Differences?
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Ending a Civil Partnership or a Marriage: What are the Differences?

Published on
Alexandra Bishop
Alexandra Bishop
Senior Associate
Kingsley Napley

Civil partnerships were first introduced in the Civil Partnership Act 2004 as a way for same sex couples to have their relationships legally recognised. Since 2019 couples irrespective of sex have been able enter into a civil partnership.

There are no real differences when ending a civil partnership or a marriage, or at least there are very few variations. This seems right given the context in which civil partnerships and same sex marriage came into play – to ensure the equal treatment for men and women regardless of sexual orientation to enter into a legally recognised partnership. This same equality and non-discrimination is reflected in the legal process to end a civil partnership or a marriage and the same legal and financial protection is given to couples when a marriage or civil partnership comes to an end.

Disappointingly, the law that protects those in legally recognised relationships is currently still lacking when it comes to protection for cohabiting couples where there is only a limited ability to make financial claims. As such there is a very real difference between ending a civil partnership or a marriage and ending a relationship that is not legally recognised.

Terminology

In England and Wales, aside from a difference in terminology (if you want to end a civil partnership you apply for a dissolution and if you want to end your marriage you apply for a divorce), the rules and the process for dissolution and divorce are the same.

If parties who are married or have entered into a civil partnership in England are seeking to divorce abroad, however, it is important to take specific advice in that jurisdiction. Whilst opposite sex marriage formed in England and Wales is recognised worldwide, civil partnerships and same sex marriages are recognised in some countries but certainly not all. It will very much depend on the jurisdiction where a couple intends to divorce as to whether that country recognises a civil partnership and as to the rights such couples might have under local law, regardless of the clear position in England.

The process for obtaining a divorce or dissolution

Since the introduction of “no fault” divorce on 6 April 2022 when The Divorce, Dissolution and Separation Act 2020 came into effect, the person applying for a divorce or dissolution only has to confirm within the divorce application that the marriage or partnership has broken down irretrievably and no supporting facts or evidence are required. This welcome change has allowed couples to end their marriages jointly and has removed the need for either party to blame the other for the breakdown of the relationship.

The process now takes place online via a court portal. If both parties agree to a divorce or dissolution then a joint application can be made. Alternatively, if just one party agrees to a divorce or dissolution then a sole application would be made. However, parties can only make the application once they have been married or in a civil partnership for over a year. The next stage of the divorce or dissolution is the application for a conditional order (the first stage of divorce and dissolution) which can be made 20 weeks after the application was issued. Once the conditional order has been pronounced there is a minimum timescale of six weeks and one day before the applicant can apply for a final order (for married couples) and a dissolution order (for couples in a civil partnership), which legally ends a marriage or partnership.

There is a very slight difference in the grounds required to annul a marriage compared to a civil partnership. Annulment is a different way of ending a marriage or civil partnership. Unlike divorce, either party can apply for an annulment in the first year of marriage or a civil partnership, although there needs to be very specific reasons for this. Annulment is very unusual. One of the grounds to be able to annul an opposite sex marriage is that a marriage has not been consummated since the wedding, although this does not apply to same sex marriage or civil partnership. Another reason a married couple could annul is because the respondent had a sexually transmitted disease when they married and the applicant was unaware of it at the time. Again this is not a valid reason to annul a civil partnership. 

Resolving the finances upon a divorce or dissolution

Married couples and couples in a civil partnership have the same financial claims upon a divorce or dissolution under the Matrimonial Causes Act 1973 and the Civil Partnership Act 2004.  There is no difference in the application of the law in determining a fair and reasonable financial settlement upon a divorce or dissolution. In the context of these financial proceedings, the court has the powers to make the following financial orders: property adjustment orders (transferring properties between spouses or civil partners or a sale of the assets), lump sum orders, pension orders (sharing a pension with your spouse or civil partner) and periodical payments (payments made from one spouse or civil partner to the other to provide income support).

Although the nature of civil partnerships and marriages in terms of their meaning and historical context are very different and couples may have strong reasons for choosing marriage over a civil partnership or vice versa, the legal protections afforded to these couples and the process for ending these relationships are essentially the same.

Read more articles by Kingsley Napley LLP.

About Alexandra Bishop

Alexandra is a Senior Associate in the Family and Divorce team at Kingsley Napley, with experience of all types of private family law work relating to both finances and children.

Alexandra offers practical and realistic advice and provides excellent care for her clients, working through technical legal problems pro-actively to achieve the best possible result.  She has been recognised for her work in Legal 500 2019, one of the leading legal directories in the UK.

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Cohabiting Partners  -  Kingsley Napley Comment on WEC Letter
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Cohabiting Partners  –  Kingsley Napley Comment on WEC Letter

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

Commenting on the Women and Equalities Committee’s letter to Family Justice Minister Lord Bellamy, Abby Buckland, Family Law partner at Kingsley Napley LLP says:

“Given the trend of declining rates of marriage, an increase in the age of those getting married and a rise in cohabitation, the WEC is absolutely right to be urging the Government to do more to address the lack of protection for cohabitees and not to put this issue to the back of the queue.

“A review of the Matrimonial Causes Act and how finances are divided between separating spouses on divorce is, the Government has said, to take priority but if marriage is increasingly out of fashion, then this is not providing solutions to those families with arguably the greatest need.

“Cohabitants have limited rights on relationship breakdown resulting in stark and often unfair outcomes for the individuals affected and their children, particularly when compared to the protection which would have been afforded to them had they been married. The Government has repeatedly failed to extend legal protection in this area but there is overwhelming evidence to suggest this should be a priority.

“The WEC is right to highlight that progression is being side-lined with no sense of urgency or resolve.”

About Abby Buckland

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

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Redesigning Your Life Part 1: A Guide to Navigate Divorce and Create Your Dream Future.
Photo by Mohamed Nohassi on Unsplash.
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Redesigning Your Life Part 1: A Guide to Navigate Divorce and Create Your Dream Future

Published on
Dr Jennifer Ulie
Founder & CEO
Mensana Wellness Solutions

Moving on after a divorce can be challenging, but it is also a chance to start anew and design the life you want. In this three-part series, we will explore different aspects of post-divorce life, from managing emotions to rediscovering passions and creating a new sense of purpose.

In Part One, we explore what is at stake and the impact stress will have on your body. Part Two, we will discuss words of wisdom to help you cope with life after divorce, and Part Three will provide the roadmap of holistic, evidence-based strategies to help you rediscover your identity, passions, and purpose after divorce. By focusing on practical tips, evidence-based strategies, and re-centering yourself, you can embrace the future with optimism and confidence.

Divorce is undoubtedly one of the hardest things you will ever do, but you must remember that you were amazing before you were married and will be outstanding after. You have the strength, skills, and support to navigate challenging times but ask for help when needed. Be intentional in starting and celebrating your next chapter because the possibilities and opportunities are endless to create a life you have only dreamt about having.

I remember the day my ex-husband, the father of my kids, told me he wanted a divorce. To say I was instantly devastated feels like the understatement of the century. We had two young children, one was actually on the way at the time, and I was a teacher, so I remember immediately telling myself,

“You cannot do this. You cannot survive with two little kids on a teacher’s salary. This is not how my fairytale life is supposed to be.”

We had our fair share of issues and tried therapy, but it wasn’t enough. I remember wanting to be mad, but at that moment, we both agreed that because we had two kids, this wasn’t their fault. They deserved to have the best-divorced parents scenario.

I won’t pretend it didn’t have its moments because it did. Still, we managed our entire divorce process without yelling or arguing and had everything settled long before an attorney or judge was involved.

Full disclosure… I didn’t do it for him but for our kids and myself. I do not show up in this blog with some magic advice, nor can what worked for me work for everyone. There was no abuse, violence, or anything like that on my end, and I realise not everyone is so lucky.

What’s at stake…

There are different models of the most significant life stressors, but all of them share divorce as one of the greatest stressors a person can go through in their lifetime. Multiple studies have shown that going through a divorce can increase rates of depression, anxiety, substance abuse, suicide, and parental stress, especially in the first year during and after the divorce.

Divorce can be varied and complex, which can only exacerbate stress. It can impact your sleep, self-esteem, and physical health, increase financial pressure, and increase children’s stress levels.

Stress and divorce

Our bodies are naturally wired to use stress as a survival mechanism. Imagine you see a fire in your home. Your body is wired to turn on the alarm, a physiological response, to high-tail it out of the fire into safety. Your brain automatically shuts off all non-essential functions and goes into survival mode. After you are safe, your stress alarm turns off, your parasympathetic goes into a restorative mode, and you go about your life.

The brain has higher activation under stress
The brain has higher activation under stress. Photo from (Bruna Portes et al, 2019).

When we have chronic ongoing stress, that alarm never gets to go off, so your body continues to release stress hormones, namely cortisol. Over time, cortisol can wreak havoc on your body, increasing your likelihood of heart disease, cancer, digestive issues, memory problems, and substance abuse, just to name a few. A more significant issue is the chronic stress you’re facing today isn’t just impacting you tomorrow. The impact on your body can be felt decades later when it’s too late to go back and reduce that stress to preserve your health.

After working with hundreds of people over my career, divorce continues to be one of the most pervasive situations people coming to me for mentorship and learning are struggling to work through. My hope in this article and the others to follow, is to endow a little holistic, evidence-based wisdom to you to minimise the impact stress will have on you now and in the future as a result of your divorce now.

As you navigate the challenges of divorce, remember that you have the power to shape your future. In the next part of this series, we will discuss words of wisdom to help you cope with life after divorce. A divorce does not have to destroy you. By focusing on personal growth, self-discovery, and reclaiming your identity, you can design a new chapter that aligns with your values and aspirations. Stay tuned for more insights and inspiration on how to redesign your life post-divorce.

About Dr Jennifer Ulie

Over the last two decades, Jennifer Ulie, Ph.D., has become a trusted voice and award-winning expert on building sustainable personal and organisational systems of mental, social & emotional wellness. Having presented to tens of thousands of professionals, she is a highly sought-after thought leader & public speaker for her wit, knowledge, relatability, and engaging talks.

Dr. Ulie is the founder and CEO of Mensana Wellness Solutions. She has been a teacher, professor, nonprofit founder & Executive Director, legislative advocate, school board member, and legal expert witness. She has founded, launched, and led countless stakeholder groups, coalitions, conferences, programs, and online courses & certifications.

She sits on multiple regional and national professional organisations, advisory boards, and boards of directors. She has published peer-reviewed articles and is an academic journal peer reviewer. Dr. Ulie has been featured on multiple media outlets, including CBS, NBC, ABC, Fox, NPR, and PBS. She can be contacted at mymensana.com or on social media @mymensana.

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An empty magistrates court room.
Photo by gov.uk.

Why Court Should be the Last Resort When Divorcing

Published on
Lisa-Marie
Lisa-Marie Leanders
Partner
Nelsons Solicitors

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

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

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

Explore the other options open to you

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

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

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

Communication is key

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

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

Be realistic

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

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

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

Click here for more articles by Lisa-Marie

About Lisa-Marie

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

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

 

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COVID: Divorce enquiries surge
Photo by Zoriana Stakhniv on Unsplash

Love in the time of COVID: Divorce enquiries surge as couples return to pre-lockdown life

Published on
Sarah Havers
Sarah Havers
Associate in
Divorce and Family team Stewarts Law

As couples face the prospect of returning to a pre-Covid world and the freedoms we, at Stewarts, have experienced an enormous spike in new divorce enquiries.

In June 2021, there was a 136% increase in individuals seeking divorce advice compared to January this year.

The spike would suggest that in some instances the lifting of lockdown restrictions has proved a turning point, with people no longer prepared to wait to make key decisions about their lives.

This also marks a seismic shift from the typical ‘divorce calendar’, where the peak times are after Christmas and the school summer holidays. This is usually as a result of when couples have spent prolonged periods of time together.

Even the strongest of marriages have been severely tested by the overall stresses of the pandemic – financial, emotional and physical. What’s interesting is that now restrictions are lifting, many couples can no longer sustain who they were in lockdown. Having been forced to take a long, hard look at their partners, the much-heralded promise of ‘freedom day’ has taken on a whole new meaning.

The busiest 18 months in the history of divorce and family practice

The June divorce spike follows the busiest 18 months in the history of the divorce and family practice at Stewarts. Between July – October 2020, Stewarts saw a 122% increase in divorce enquiries, and a 107% increase in March 2021 compared to January 2021.

In addition, the firm has seen a 100% increase in new enquiries for pre-nuptial agreements in June 2021 as compared to February 2021. With the pandemic causing many weddings to be delayed, couples have potentially had more time to think about what they really want and the importance of safeguarding their assets.

Now that restrictions are easing and the big weddings are being planned for late summer/September, we’re seeing a boom in prenuptial agreements as part of financial planning for a future together. In a world of uncertainty, a ‘pandemic pre-nup’ gives both parties certainty and control over a fair financial agreement should the relationship sadly fall apart.

Click here for more articles from Stewarts Law

About Sarah Havers

Sarah is a Senior Associate in the Divorce and Family team at Stewarts, the UK’s leading litigation law firm. She advises on all high-value, multi-jurisdictional family law issues.

More information on Sarah Havers is available here: stewartslaw – Sarah Havers

www.stewartslaw.com

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Coronavirus: Is Now a Good Time to get Divorced
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Coronavirus: Is Now a Good Time to get Divorced? And Other Separation Questions

Published on
Emma Davies
Partner and Solicitor
Nelsons

With couples cooped up in lockdown due to the coronavirus, law firms across the country have reported an increase in enquiries from spouses who are wanting to split from their partners.

But with the courts currently closed and the negative impact Covid-19 is having on the economy and housing market, is now a good time to get divorced?

Firstly, can I still get a divorce?

Many court staff and judges are working from home and hearings are being done remotely over the telephone or, in some cases, by video link, so it is still possible, but couples may experience delays.

This is because the courts are prioritising urgent cases, such as those involving domestic abuse or child protection.

However, in most divorce cases, a hearing is not needed. Couples will only have to go to court if disputes regarding financial matters or children cannot be resolved by the separated couple or their lawyers.

Financially, is now a good time to get divorced?

With the impact the Covid-19 pandemic is having on the economy, many people may find themselves in a financially less advantageous position.

Housing markets have come to a standstill, retailers, pubs, clubs and restaurants have temporarily ceased trading, and businesses will no doubt be tightening their belts in an attempt to persevere during these challenging times.

For some, however, a financial downturn could be seen as an advantage when it comes to divorce and securing a favourable financial settlement.

Due to the coronavirus outbreak, many assets may well have diminished in value. Businesses may not be considered as valuable, investments are likely to have suffered, and some pensions will now be worth less than they were only a few short weeks ago.

For the party to a marriage who is – or was prior to the pandemic – in a stronger financial position, the answer to the question “should I divorce now” might well be yes.

Hopefully, the economy will bounce back, as will the value of your assets, leaving you better off than if you had divorced in more stable times.

Can a financial settlement be renegotiated if coronavirus has made it unfair?

Although the timing might benefit you, it may not benefit your spouse, who is likely to object to a final financial settlement being reached until some form of normality has resumed.

Additionally, you should be warned that the unprecedented uncertainty brought about by Covid-19 will mean that the court will likely exercise extreme caution when making final orders, dividing the martial assets until the storm has passed.

Every case is different and it is important you seek advice tailored to your specific circumstances.

What happens if the family home struggles to sell?

At the end of March, the government suspended the housing market as estate agents closed their doors and banks withdrew deals.

As a result, homeowners trying to sell their properties saw the number of potential buyers decline. This, of course, could throw settlements into jeopardy and possibly increase a couple’s capital gains tax liabilities when they do end up reaching a deal.

About Emma Davies

Emma Davies qualified as a solicitor in 2008 and joined Nelsons’ family law team in 2009. She specialises in family law cases and advises on divorce and financial settlements that involve complex issues and substantial assets.

For more information on divorce and separation, please visit nelsonslaw.co.uk or call 0800 024 1976.

Nelsons was established in 1983 and provides support to businesses, individuals and families with their legal and investment needs.

Nelsons’ experience and depth of resource has also enabled them to offer services to other solicitors through Fusion Legal – a mutually-beneficial referrals and support network for law firms.

The firm is recognised by the leading, independently researched Legal 500 and is recommended by them in more than 20 practice areas.

The firm is recommended by Chambers and Partners and also features in The Lawyer’s UK 200 Annual Report of the UK’s largest 200 law firms. Nelsons has offices throughout the East Midlands in Nottingham, Leicester & Derby.

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Divorced Parents’ Guide to Resolving Family Disputes
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The Nightmare Before Christmas: The Divorced Parents’ Guide to Resolving Family Disputes

Published on
Matthew Clemence
Senior Associate, Collaborative Lawyer and Mediator with
Prettys

For families everywhere Christmas can be a tricky time.

Rows about whose family to visit, relatives we’d rather not see and who is cooking the Christmas dinner can all threaten to spoil what should be the most wonderful time of year.

Add divorce and child arrangements to the mix and the festive season can become even more frosty.

Consider mediation

Christmas is all about the magic of children running downstairs to open their presents. This is what parents want to experience most and it can be difficult to make plans they agree on if they have divorced or are separated.

Arrangements may already be in place, so it is all about finding compromises and working out how the child can spend a good amount of time with each parent over the festive period.

One of the best options is to consider mediation – the face-to-face interaction this process offers can help both parents to understand how each other is being emotionally affected.

It also gives them a chance to air their thoughts and feelings, something which can’t be communicated as easily through letters and emails.

Dealing with cases this way can help warring parents to realise the impact their own actions could have on their children and the wider family.

Getting parents to view an issue from the other side can be quite compelling as it can make them think about their own behaviour and perspective.

The Government insists mediation is tried before disputes end up in court and there is also no public funding for this type of issue, so mediation is a much better option.

If there is no agreement, the courts will get involved. They will always try to be fair wherever possible, which means aiming for equal time between the two parents.

Be reasonable with your expectations

One issue which we have seen cause tension is over the Christmas presents a child receives from one parent and how they want to take them between both homes. We’ve seen situations where parents insist that a gift does not go to the home of the other parent.

Children should feel free to take their gifts between houses as they may want to show the other parent what they’ve got for Christmas. Parents need to be reasonable and allow this to happen.

There also needs to be an acceptance that gifts can break and if this happens at the other parent’s house this does not mean it is the fault of that person. These things need to be explored and understood by both parties.

Communication is key

When it comes to gift giving it is vital to communicate. Some parents still jointly buy presents but usually separated parents have their own individual budgets. They need to consult each other so that gifts aren’t duplicated by mistake.

If there is a financial imbalance between the two parents, agreeing a set budget will also stop any feeling of unhealthy competition regarding gift expense.

Alternatively, it should be made clear to a child that if they are receiving an expensive gift that it’s not coming from just one parent but the extended family on that side.

This prevents one parent feeling embarrassed or an ‘inferior’ parent if they can’t afford the same level of gift.

Be aware of family members overseas

Sometimes families have Christmas plans which involve travelling abroad to visit extended family. If this is the case, then you have to remain child-focused and realise that this is a life experience for the child Parents should not put their own opinions and desires before that.

Plus, with technology such as Skype and FaceTime, it is a lot easier for children to communicate with the other parent even if they’re far away.

Involve children in decision-making if appropriate

All children mature at different times and there may be other dynamics at play that sometimes hinder their ability to make a decision – especially as they won’t want to upset either parent.

But they should be included in decision-making if parents deem it appropriate. They need to appreciate the child’s wants and needs over their own.

The best thing at Christmas is for a child to see both parents being civil and accommodating to one another and making an effort to get on well.

Children should not see the conflicts between parents.

Trying to put the needs of the child first will help ensure a trouble-free Christmas that everyone in the family can enjoy.

Click here for more articles by Matthew Clemence

ABOUT MATTHEW CLEMENCE

Matthew qualified as a solicitor in 2001 following completion of his training at a prominent law firm in East London.

Matthew originally joined Prettys in 2003 before leaving to head up the family law team in a firm based in Newmarket in 2009.

Matthew has now re-joined Prettys as a Senior Associate bringing with him a wealth of experience to the family law team.

Notably, Matthew was the husband’s solicitor in the Wright case which received worldwide publicity following the decision passed down by The Court of Appeal involving spousal maintenance, the result of which has dramatically changed the legal landscape in this area of law.

Consequently Matthew now receives instruction from clients both in the UK and abroad seeking advice in this particular area.

In addition, Matthew advises clients on all issues arising from family matters, including divorce, financial resolution, children disputes, pre/post marital agreements as well as financial resolution with cross jurisdictional elements, businesses, trusts and land.

Matthew is collaboratively trained and a member of Resolution.  He is committed to resolving all family matters outside court wherever possible.

prettys.co.uk

e mclemence@prettys.co.uk

t 01473 298337

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Global Divorce Rates Soar But UK Couples Stick Together

Global Divorce Rates Soar But UK Couples Stick Together

Published on
Sophie Yau-Rosher
Sophia Yau-Rosher
Partner
Beecham Peacock

With high profile celebrity splits and the visibility of social media, it may seem that divorces are more prevalent than ever.

However, in the UK the exact opposite is true – divorce rates have been falling heavily over the last decade.

According to data from the Office of National Statistics, divorce rates in the UK are at their lowest levels since the early 1970s.

Using the above data, we can draw the following conclusions:

  • 1990-99 was the ‘worst’ decade in 40 years terms of divorces.
  • Total divorces are at their lowest figure in over 40 years.
  • Between 2010-17, total divorces were 21% lower than 1970-79 and 42% lower than 1990-99!
  • The most recent average yearly divorce rate is 111357 divorces each year (2010-17) compared to 112985 (1970-79).
  • At its highest rate between 1990-99, there were an average of 154,477 divorces per year in the UK. That’s 36% higher than the most recent decade.

The results are simple: we are divorcing far less often than we have at any other time in the past 40 years.

But how do we compare to the world?

Around the world, the compares pretty favourably. Using data from the UN Demographic Yearbook 2017 we can see that the UK has a relatively low rate of divorce at 1.8 per 1,000 people.

The average rate across the world per 1,000 is 2.0.

Compared to countries in America, Europe and around the world, people in the UK are divorcing far less.

●        Qatar + Guatemala share the lowest divorce rate in the world at just 0.4 divorces per 1000 people.

●        Russia has the highest at 4.2 divorces per 1000.

●        The UK has a relatively low divorce rate compared to other western countries and is 0.2 below the global average.

About Sophia Yau-Rosher – Partner

Sophia has been with Beecham Peacock since 2003 and a partner in the firm since 2006. She has 20 years’ experience in family law work.

Her particular interests lie in proceedings concerning matrimonial assets and children.

She is an accredited specialist with Resolution in the areas of Advanced Financial Provision and Private Children Law. She is also Accredited on the Law Society Advanced Accreditation scheme for work relating to Domestic Abuse.

Highly motivated with a strong sense of fairness and justice, Sophia always strives for her clients.

www.beechampeacock.co.uk

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Divorcing Couples Need to Focus on Pensions
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Divorcing Couples Need to Focus on Pensions

Published on
Matthew Clemence
Senior Associate
Collaborative Lawyer and Mediator

Couples going through a divorce should not disregard pensions in favour of trying to retain the value of the family home.

Those going through a marriage breakdown are being urged to recognise the importance of claiming a share of their partner’s pension as well as splitting the value of their property.

In a lot of cases people don’t seem to value pensions in the way they should do because they’re not focused on their long-term future and prefer to have the house.

But as part of divorce proceedings, pension funds can be shared. Even when made aware of this information, many people still often prefer the house as they believe it is the most lucrative option.

And only when they approach retirement do they realise they have missed out on a significant retirement income.

And having a smaller pension than your partner does not necessarily mean you will come off worse in the event of a split.

In most cases, unsurprisingly, the higher earner will have a bigger pension pot than the main care giver.

This can be because the parent who has undertaken the majority of maternity or paternity leave will have had gaps in their career to raise children. If there is a big disparity between the two parties’ pensions, the courts will often try and even this out when dividing pensions during divorce proceedings.

Ultimately though, courts look for fairness for the future and will benefit whoever in the relationship is financially weaker, which in our experiences tends to be the parent undertaking the majority of care for the children.

When it comes to dividing pensions, courts do not have to take into consideration future earnings and need only divide the sum as it stands at the time.

The process starts with a look at the capital value of both parties’ pensions. If a couple are approaching, or are over, 50 the court can also be asked to consider the income value of the pensions and divide with reference to this rather than capital value.

As it stands though, this legislation does not apply to cohabiting couples.

In cohabiting relationships people often don’t understand that they can’t claim for pensions. The matrimonial claims do not exist, meaning cohabitees have no opportunity to boost their pension funds irrespective of the length of their relationship.

More than three million unmarried couples choose to live together and cohabitation remains the fastest growing family type in the UK.

With increasing numbers of couples cohabiting, there could be a consequential effect of this in generations to come, meaning people should be even more focused now on their financial future and pension planning.

Everyone should regularly review their pension options and a ‘health check’ with a financial advisor is always sensible.

If you are facing separation or divorce, recognise the benefit of financial advice as much as legal advice and consider each asset individually to work out what you might need now – and in the future.

Click here for more articles by Matthew Clemence

About Matthew Clemence

Matthew qualified as a solicitor in 2001 following completion of his training at a prominent law firm in East London.

Matthew originally joined Prettys in 2003 before leaving to head up the family law team in a firm based in Newmarket in 2009.

Matthew has now re-joined Prettys as a Senior Associate bringing with him a wealth of experience to the family law team.

Notably, Matthew was the husband’s solicitor in the Wright case which received worldwide publicity following the decision passed down by The Court of Appeal involving spousal maintenance, the result of which has dramatically changed the legal landscape in this area of law.

Consequently Matthew now receives instruction from clients both in the UK and abroad seeking advice in this particular area.

In addition, Matthew advises clients on all issues arising from family matters, including divorce, financial resolution, children disputes, pre/post marital agreements as well as financial resolution with cross jurisdictional elements, businesses, trusts and land.

Matthew is collaboratively trained and a member of Resolution.  He is committed to resolving all family matters outside court wherever possible.

prettys.co.uk

e mclemence@prettys.co.uk

t 01473 298337

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Reasons to Choose Mediation over Divorce

Reasons to Choose Mediation over Divorce Court

Published on
Elizabeth Bilton
Elizabeth Bilton
Accredited Mediator and
Qualified Solicitor for Midlands Dove

When relationships run into difficulty, it can be only too easy for negative emotions to take over and to be the primary driving force behind decisions which will have long-term consequences not just for the people involved but for the people around them.

Even if there are no children to consider, the effect of a divorce can spill over onto family and friends.

This is even more likely if the couple moves straight to the courtroom “without passing go”.

While family courts do generally try to take a gentler approach than their counterparts in other areas of the law, even they can bring out the combative side in people, which can end up producing undesirable consequences.

Going to mediation as a first step may not save the relationship (although, in some cases that may be possible), but it does bring many benefits.

Emotions are acknowledged and managed

Mediators do not attempt to eliminate all emotion from the sessions that would be unreasonable and arguably impossible. Instead, they work to ensure that emotions are acknowledged but managed. They aim to stop people from being consumed by negativity and keep them focused on what is in their long-term best interests

Discussions are kept confidential

Courtroom proceedings are, generally, open. There are a very few exceptions to this, but they are highly unlikely to apply in standard divorce proceedings. The openness of courts is integral to the ideas behind them.  Basically, it’s not only that justice needs to be done; it needs to be seen to be done in a fair and reasonable manner.

This approach has a lot of benefits overall, but it may not be ideal in a divorce situation, especially if children are involved as it can result in them finding out information their parents would prefer them not to know, at least not now.

Even if children are not involved, there may be many other reasons for preferring confidentiality.

Sessions can work to a much shorter time-frame than a court

In simple terms, the more people need to be involved in a situation, the more challenging it can be to find a time when everyone can get together.

Courts involve multiple people whereas mediation sessions, in principle, only involve three people (the couple and the mediator). Added to this is the fact that mediators do not necessarily have to treat each issue raised with the depth which would be expected in a legal situation.

There is great flexibility

Obviously, any agreed outcome has to be compliant with the law, but otherwise whatever is agreed between the couple is entirely down to them. As an added benefit, outcomes do not have to be “set in stone” the way they often are in legal proceedings. Couples can test them and make adjustments as mutually agreed.

The cost of mediation can be much lower than going straight to lawyers

For all of the above reasons and more, the cost of mediation can be substantially lower than the cost of going straight to lawyers.

What’s more, if the couple do end up divorcing, they can simply pay lawyers to formalise the agreement created by the mediator, rather than paying them to create a brand new agreement.

Click here for more articles by Elizabeth Bilton

About Elizabeth

Elizabeth Bilton is an accredited mediator and qualified solicitor for Midlands Dove, with a specialism in family law disputes.

Elizabeth is one of only a few Mediators in the UK with an appropriate FMC accreditation to sign off on MIAMs required by the Family Court prior to an application being issued.

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