Family Law in Partnership - Page 5

114 result(s) found.

Divorce – It’s a Balance Between the Emotional Stress, the Cost and the Return!
Photo by Christophe Hautier on Unsplash
//

Divorce – It’s a Balance Between the Emotional Stress, the Cost and the Return!

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

Many of you know I was the founder of a progressive family law practice Fair Result with my business partner Christopher Sweetman.

The practice is not apologetic that we are a challenger brand but in the past 4 years we have become a major practice in England, with unique partnerships including the Professional Footballers Association and winning countless awards, both in the UK and Internationally.

Whist a number of our clients could be seen to be ‘wealthy’, by no means all of them – indeed 75% of them are not in this category.

We have a wide spread profile of clients, representing the whole of society and we will often take on a client who has no money to fight their divorce in terms of fees. This is exactly the reason we set up the practice.

As a non-lawyer, it never ceases to amaze me how ruthless lawyers are when it comes to their fees. I was brought up to focus on my clients and the returns would ultimately follow, not think of myself first and that customers are way down the line of those we should be focussed on.

In the past four years, I have witnessed opposing clients dropped by lawyers because they can’t see a future income stream, that client engagements are paused because lawyers don’t have visibility of their fees over the next few months and a total destain for client’s emotions and challenges.

Don’t get me wrong, we need to be paid for what we do. We aren’t a charity, but there does come a point at which clients should be respected for what they are ‘those that pay the wages and the overheads’.

We set up Fair-Result to do exactly that, client first! We do have challenges with clients paying but this is always at the end of a process, and we share the risk in that as the process progresses.

There is never a week goes by in our business where we receive a call from someone that we spoke to over 2 years ago. A call which starts in the normal way. ‘Hi, its… remember me’ followed by our response that is ‘Yes, how are things’. The same line always follows – the fact that frankly nothing has progressed in the previous two years, they have spent some money, but not a lot and are now in a place where they simply don’t know what to do, and their legal advisors are not offering much in the way of solutions.

Nothing surprises us anymore.

However, in the past three weeks alone, we have received at least five calls such as this, one with £m’s in the marital pot, another with a not inconsiderable number of rental properties and a third instance where the wife (our potential client) is starved of cash and assets, despite there being considerable funds to distribute, in the form of Public Sector pensions, a marital home and some limited investments.

During my own divorce, I used to call my former wife ‘penny wise and pound foolish’. She would argue about the pennies but forget about the substance of the whole pot we were arguing about and spend endless thousands with her lawyers arguing about where I had taken the latest EasyJet flight too.

So, what is the purpose of this article? Quite simply it is to present a position that when undergoing a divorce, you are balancing up three key things:

  • Your emotions
  • The cost
  • The reward or result in terms of financials and in many cases the impact on the children.

So, if you are arguing about £50,000 or £5m the principle is the same.

You have to invest to get the result you want, or you will one of those people calling us up after two years having got nowhere.

But I hear you say, I don’t have the cash? To fight them.

Well, that is where Fair Result comes in. The ONLY fixed fee financial divorce settlement business in the UK. And guess what, you pay nothing until the financial agreement has been signed by both parties, whether it takes us 2 months or 2 years to finalise.

We share the risk with you, our aim is to minimise the emotional stress but above all it is to get you exactly what you are entitled too.

So, stop plodding on for two years, when you know you won’t get anywhere, spending £500 here and there when that is all you can afford, getting more and more wound up about your spouse’s behaviour and spending habits.

Get it closed off, sorted out and you too can move on both emotionally and financially.

As we get older, we begin to realise that life is short, the years clock off quicker than you want them too. Why spend 2 years getting nowhere when you can contact the Fair Result team, and it will cost you nothing until your divorce is sorted – absolutely nothing.

Contact Peter at peter@fair-result.co.uk 24/7 and you will be guaranteed of a response within 30 minutes. A fixed fee, set from the outset and nothing to pay until your divorce is settled.

If you can get a better offer than this contact us and we will do your divorce for absolutely nothing, irrespective of its complexity – GUARANTEED!

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

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

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.

Navigating Divorce As An LGBTQ+ Couple In The UK.
Photo by Anastasiia Chepinska on Unsplash
///

Navigating Divorce As An LGBTQ+ Couple In The UK

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.

Navigating your finances through divorce: A comprehensive guide
Photo by Fabian Blank on Unsplash.
/

Navigating Your Finances Through Divorce: A Comprehensive Guide

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.

navigating-divorce-with-children
Image by Freepik.
/

Navigating Divorce with Children: A Compassionate Guide

Rebecca Franklin
Rebecca Franklin
Divorce and Family Lawyer
Woolley & Co, Solicitors

Divorcing with children involves delicate conversations and careful planning to minimise the impact on their well-being. In this guide, we’ll address key aspects of discussing divorce with children, the varying effects on different age groups, and practical tips for creating child arrangements while prioritising your children’s needs.

Timing and Transparency

Deciding when to tell your children about the divorce is crucial. Generally, it’s better to inform them sooner rather than later, offering them time to adjust and understand the situation. The ideal time is when both parents have agreed on the decision but are still residing together, providing a smoother transition.

Establishing a parenting plan beforehand can ease the conversation. Older children’s preferences may influence child arrangements, making early consultation with a family lawyer valuable. If divorce is under consideration, it’s advisable not to share uncertainties with younger children, but nuanced discussions may be appropriate for older children sensing marital strain.

Communicating the Reasons

Honesty is paramount when explaining the reasons for divorce, but specifics aren’t always necessary. Collaborate with your spouse on a general explanation, focusing on understandable concepts like wanting different things or realising a better friendship than a partnership. Avoid assigning blame or divulging unnecessary details unless safety concerns are present. Reassure your children that the divorce is unrelated to them, emphasizing continued love from both parents.

Conducting the Conversation

Approaching the initial conversation requires thoughtful planning. Some dos and don’ts include:

Do:

  1. Have both parties present
  2. Present the divorce as a joint decision
  3. Outline the preliminary child arrangements
  4. Be prepared for questions
  5. Encourage the expression of emotions
  6. Reassure that the divorce is not their fault

Don’t:

  1. Blame your spouse
  2. Force children to pick sides
  3. Allow children to take sides
  4. Pressure immediate decisions
  5. Express anger, even if children do
  6. Choose sensitive times for the discussion

Following these guidelines can contribute to a supportive and straightforward conversation about divorce.

Age Considerations: understanding impact

Divorce affects children differently based on age. How you handle the divorce and post-separation relationship influences emotional outcomes. Minimising conflict and maintaining positive relationships with both parents are vital. Seeking legal advice early can facilitate an amicable divorce and suitable arrangements.

Minimising Impact

Minimising the impact of divorce on children is a natural concern. While predicting individual reactions is challenging, clear communication, reassurance, and ongoing support are crucial. Encourage children to share feelings and seek professional help if needed. A joint commitment with the other parent to prioritise children’s well-being fosters a healthy post-divorce environment.

Creating Child Arrangements

Creating child arrangements during divorce involves careful consideration. Prioritise children’s well-being while preserving relationships. Many parents find success through mediation or with a family lawyer. In complex cases, formal arbitration or court intervention may be necessary. Consulting an experienced family lawyer early ensures a comprehensive understanding of rights and responsibilities, guiding decisions and navigating complexities.

Conclusion

Navigating divorce with children requires sensitivity, planning, and open communication. By following these guidelines and seeking professional advice when needed, you can foster a supportive environment for your children during this challenging time.

Click here for more articles by Rebecca Franklin

About Rebecca Franklin

Rebecca is a divorce and family lawyer based in Birmingham. She has built a solid reputation in the Birmingham and wider West Midlands area having acted for many high-net-worth individuals in resolving their divorce and relationship issues.

Rebecca was noted as “excellent at handling clients and able to sort the true issues within a case”, in Legal 500 2017, and is noted as a Recommended Lawyer for Family Law in Legal 500 2020.

Article written by Rebecca Franklin, divorce and family lawyer with Woolley & Co, Solicitors. Woolley & Co, Solicitors are family law specialists with clients throughout the UK. For advice, you can contact Rebecca on 0800 321 3832 or visit www.family-lawfirm.co.uk.

Discover the UK city with the highest number of divorces.
Photo by Seb Doe on Unsplash.

Revealed: The UK City with The Most Divorces

Lauren Laverick
Lauren Laverick
Solicitor
Beecham Peacock

Divorces seem to be all over the news in recent months, thanks to the high-profile splits of Johnny Depp and Amber Heard, Sofia Vergara and Joe Mangiello, and most recently, Ariana Grande and Dalton Gomez.

You’ve probably heard the old adage that 50% of marriages end in divorce – and while the picture isn’t quite as bad as that, divorce rates are still sky-high. In the UK, the divorce rate is estimated at a whopping 42% of all marriages.

But which age groups and which areas are most at risk of their marriage ending in divorce? Is it young couples that have rushed into their union? Or are older partners growing tired of their marriages?

The Census 2021 (released March 2023) breaks down which regions of the country have the highest rates of divorce, as well as the age groups those people belong to.

Here, the family law specialists at Beecham Peacock take a look at which age groups in which region are most likely to be listed as ‘divorced or formerly in a civil partnership’ in the 2021 census.

The Census 2021
The Census 2021 (released March 2023).

Registered divorces in Birmingham

Accounting for five of the Census 2021’s top 20 demographics, Birmingham is one of the nation’s leading hotspots for divorce. Birmingham has been one of the UK’s cities with the highest rate of divorce for at least a decade, having also topped Birmingham has been one of the UK’s cities with the highest rate of divorce for at least a decade, having also topped the 2013 list of the most common locations to file for divorce.

Per the Census 2021, there were 9,325 people aged 55–59 living in Birmingham that registered their marital status as ‘divorced or formerly in a civil partnership’ – the largest demographic in the country.

Astonishingly, a similar demographic also in the second city took second place on this list – there were 8,555 people aged 50–54 living in Birmingham also listed under this denomination. The data highlights that people living in Birmingham born between 1962 and 1971 are most likely to be unlucky in love.

It’s not just Gen Xers in Birmingham who are likely to be divorced, however. The population of Brum also accounts for positions three and five in the top 20 most-divorced demographics, with the 45–49, 60–64 and 65–69 age brackets also appearing in the top 20.

Despite these high numbers, the census indicates that, across all age groups, the percentage of registered divorcées in Birmingham is 7.25% – indicating that marriages in Birmingham might be happier than first thought.

Registered divorces in Cornwall

Cornwall was the location that appeared second-most frequently in the top 20 most-divorced demographics. The UK’s most-southerly county, Cornwall featured in five of the top 50 entries for the most-divorced demographics in the Census 2021.

Cornwall had 8,105 people aged 55-59 listed as divorced, the fifth-most in the country. There were also 7,585 people aged 60–64 listed as divorced, as well as 7,080 people aged 50–54.

Older Cornish residents also made up a sizeable chunk of the area’s divorced population. Of the divorced population, those aged 65–69 and 70–74 were registered as divorced 6,625 and 6,280 times respectively.

Across the entire location of Cornwall, there are 53,550 people registered as divorced, out of a total recorded population of 477,420 – indicating 11% of residents are divorced.

Registered divorces in Leeds

Appearing fourth on the list of most-divorced demographics from the Census 2021 is 55–59-year-olds living in Leeds. At the time of the census, Leeds was home to 8,310 people in this age bracket who fell into the ‘divorced or formerly in a civil partnership’ bracket.

Other age groups from Leeds appeared in the Census’ top 20: those aged 50–54, 60–64, and 65–69. Interestingly, across each of the top three cities that appear in the top 20, those aged between 50–70 remain the most likely to be divorced.

53,600 people in Leeds reported that they were divorced, and over 658,000 people are registered as Leeds residents, indicating that 8.13% of the population consider themselves divorced in Leeds.

The highest divorce rates in the UK

Despite having the highest numbers of divorcées, Birmingham, Cornwall and Leeds don’t necessarily have the highest divorce rate when adjusted for their population. Norwich, in fact, has the UK’s highest divorce rate at 12.8%.

Hastings and Blackpool round out the top three places with the highest divorce rates, each with 12.1%. Interestingly, there don’t seem to be any regional trends to the divorce rates – there’s a lot of fluctuation between locations across the North and South.

Divorce is an increasingly common occurrence across the world, thanks in part to the growing prominence of ‘no-fault’ divorce legislation and thanks in part to the growing self-agency of women around the world.

Like marriage, divorce is an event that should be seriously thought out and considered – but if you’ve made your mind up, choosing a reliable divorce solicitor can help guide you through the process and make your life easier.

Read more articles by Beecham Peacock.

About Lauren Laverick

Lauren Laverick, Solicitor at Beecham Peacock, works within the Family Law department. Beecham Peacock has over 60 years knowledge and experience in family law, including domestic violence and child custody concerns.

Recognised as one of the UK’s family law specialists, Beecham Peacock adopt an understanding approach to every case they work on.

Understanding Prenuptial Agreements: A Comprehensive Guide for Couples
Photo by Pixabay: https://www.pexels.com/photo/sign-pen-business-document-48195/
/

Understanding Prenuptial Agreements: A Comprehensive Guide for Couples

Elspeth Kinder
Elspeth Kinder
Partner
JMW Solicitors LLP

Prenuptial agreements, often referred to as ‘prenups’, are legal documents that a couple signs before they get married or enter into a civil partnership. These agreements set out the ownership of the couple’s income, property and assets, and how these will be divided in the event of a divorce or dissolution.

There are several benefits to making a prenuptial agreement, as JMW explores in the following guide. We also explain what you should consider when deciding whether to proceed with a prenuptial agreement, and what the process of creating one involves.

Why Consider a Prenuptial Agreement?

Prenuptial agreements can, amongst other things, help to protect an individual’s property, set out out which assets are considered ‘non-matromonial’ (meaning they have been acquired prior to marriage), and dictate how inheritance should be treated if it is received during the marriage.

In the event of a divorce, a prenuptial agreement can determine how the financially-weaker party’s need for housing and income will be met,  reduce conflict over assets, and help to make a potentially painful and complicated process more straightforward.

Common Misconceptions About Prenuptial Agreements

Contrary to popular belief, prenuptial agreements are not just for wealthy couples. Individuals of any income bracket may find them beneficial, especially in protecting personal or business assets. Entering a prenuptial agreement does not necessarily suggest an expectation of divorce – it can be viewed as a step towards financial clarity and protection.

Another misconception is that prenuptial agreements can dictate the terms of a financial settlement during a divorce. In fact, the Family Court retains the final authority and it will reject any terms of a prenup that it considers to be unfair or unjust.

The Legalities of Prenuptial Agreements in the UK

Prenuptial agreements are not legally binding in England and Wales, however, the family court can attach significant weight to prenups, and it is for the party who seeks to depart from the terms of the agreement to persuade the court why the terms should not be upheld.

A properly drafted prenuptial agreement is likely to be upheld by the court depending on the circumstances surrounding it.

Essential Components of a Prenuptial Agreement

A comprehensive prenuptial agreement generally includes:

  • A breakdown of each party’s assets and liabilities.
  • Details as to which assets are non-matrimonial.
  • Information as to how the parties intend for the assets to be divided upon separation.
  • Details as to what property will be made available for each party.
  • Confirmation as to whether either party will receive maintenance payments and if so for how much and for how long.

A good pre-nuptial agreement will also contain a review clause that may be triggered by a number of events. For example, a review of the pre-nuptial agreement may take place once the parties have been married for 10 years or if the parties have a child/children.

Financial provisions for children may also be covered within the prenuptial agreement. However, the contact arrangements for the children are best reserved for discussion between the parties when the reality of the separation is known and a decision can be made that is in the best interests of the child.

How to Approach a Prenuptial Agreement

Initiating a conversation about a prenuptial agreement can be challenging. It requires open and honest communication about finances, which can sometimes be a sensitive subject. A strong prenuptial agreement will reflect a balance of interests, ensuring fairness for both parties. As with any legal process, an expert divorce solicitor will be able to help you understand the process and avoid any mistakes that could prove costly or time-consuming.

The Process of Creating a Prenuptial Agreement

The first step towards creating a prenuptial agreement involves a mutual discussion between the couple about their finances. Following this, solicitors for each party can provide independent advice and draft the agreement. Once the draft is prepared, it can be reviewed and revised. When both parties agree to the terms, they sign the prenuptial agreement.

In deciding whether a prenuptial agreement is valid and should be upheld, the Family Court will assess various aspects of it, including:

  • Whether each party had adequate independent legal advice before entering into the agreement.
  • Whether both parties’ understand the implications of the agreement.
  • Whether either party was pressured into making the agreement and whether there was sufficient time to consider the agreement before the wedding.
  • Whether the parties exchanged financial disclosure and whether the parties were open and honest about their respective resources.
  • Each party’s needs and whether the agreement meets them
  • The needs of any children of the family.

If the court finds issues with any of the above points, the agreement may be rejected and the court may make a decision as to how the parties assets are divided.

What About Postnuptial Agreements?

Postnuptial agreements are similar to prenuptial agreements, except they are entered into after the marriage or civil partnership has taken place. Couples may opt for a postnuptial agreement for a variety of reasons, such as changes in the couple’s financial situation after marriage, such as receiving an inheritance, starting a business, or substantial career advancement. Alternatively, couples may choose to enter into a postnuptial agreement as part of an attempt at reconciliation following marital difficulties.

The process for creating a postnuptial agreement is similar to that of a prenuptial agreement. Both types of agreements require full disclosure of assets, fairness to both parties, and independent legal advice to be considered valid.

Keep Your Finances and Property Secured

Prenuptial agreements offer couples a mechanism for financial protection and certainty. Though they may seem unromantic, their potential benefits are substantial. It is important for couples to have an open dialogue about their finances, and when handled properly, a prenuptial agreement can provide peace of mind and contribute towards a healthy, secure relationship.

About Elspeth Kinder

Elspeth joined JMW Solicitors in May 2018 as a Partner and Joint Head of the Family Team. Elspeth is recognised as a leader in her field by the legal directories Legal 500 and Chambers and Partners for her experience in all aspects of the law relating to personal relationships:

  • Separation and divorce;
  • Financial settlement following the breakdown of a relationship;
  • Cohabitation;
  • Arrangements for children following relationship breakdown including with regard to where a child should live and how much time they should spend with each parent as well as specific issues such as place of education and funding of school fees, choice of name and welfare of a child; and
  • Wealth protection by way of pre-nuptial agreements, post-nuptial agreements and cohabitation agreements.
Clients deserve quality and transparency: why unregulated firms need to be stopped.
Photo by Sergey Zolkin on Unsplash.
/

Clients Deserve Quality & Transparency: Why Unregulated Firms Need to be Stopped

Nicki Mitchell
Nicki Mitchell
Partner
Jones Myers

I welcome the news that The Competition and Markets Authority (CMA) is to investigate claims of people being misled about the process and prices of divorces and wills by online firms.

The enquiry into the growing number of online services – many of which are unregulated and include  those offering divorce – comes after a raft of complaints from consumers who were unclear about what help they would receive -and exactly what they were paying for.

Their grievances included ‘inadequate quality’ with incorrect forms being used and papers being sent to court late.

Delivering a quality service and being open about the costs and level of support involved is always vital, particularly in these sensitive and often stressful areas.

When they see the word “divorce,” most couples understand that to mean not only the process of dissolving the marriage or civil partnership – but getting a financial settlement and resolving any issues around children too.

My experience is that the fixed fee quoted online by some organisations just brings the relationship to a formal legal end – something which divorcing couples can do relatively easily themselves online. This process does not take much time and the only cost involved is the £593 court fee.

When working with established family lawyers like us, aside from the court fee, there is often a minimal or even no charge for dealing with the online divorce process when we are instructed to advise on the financial implications.

Some firms also quote a fee for drafting an order to formalise an agreed financial settlement which can be helpful in some cases.  However, most separating couples have no real idea what their financial options on divorce are.

There is a common perception/misconception that everything is always split down the middle, but this is not necessarily the case.

The law requires there to be a settlement which is “fair in all the circumstances,” with first consideration being given to the needs of any children. A 50:50 split is not always “fair.”

The only way to understand what a court is likely to consider acceptable in your particular circumstances is to take advice from an experienced family lawyer.

There is a cost but, in most cases, you get what you pay for – a quality service from qualified family lawyers whose firms are regulated and transparent.

As part of the CMA investigation, consumers and others who would like to contact the CMA about their experiences with online services and regulated firms are asked to contact the watchdog by September 4 on this website.

If the watchdog’s investigation determines that organisations have violated consumer laws, those found wanting could be subject to a court order.

I sincerely hope the outcome will act as a deterrent to prevent more people falling prey at a time when they are at their lowest and most vulnerable.

For progressing divorces online, the Government website is a helpful source of advice.

Read more articles by Nicki Mitchell.

About Nicki Mitchell

Nicki is a partner at Jones Myers Family Law Solicitors. With extensive experience in family law, Nicki specialises in the financial aspects of relationship breakdown – and particularly complex cases involving family businesses, multiple properties, and complicated pension arrangements.

Skilled in mediation and collaborative family lawyer, Nicki is also a Child Inclusive Mediator which enables her to meet with children of separated parents and hear what they want for their future.

How to Manage a Divorce When One Partner Will not Consent to it? Can the Divorce Still Proceed?
Photo by Karolina Grabowska: https://www.pexels.com/photo/mother-scolding-teenage-daughter-using-phone-6957246/.

How to Manage a Divorce When One Partner Will not Consent to it? Can the Divorce Still Proceed?

Joanne McDonald
Joanne McDonald
Associate
Furley Page

When the process for divorce was overhauled in 2022 with the implementation of the Divorce, Dissolution and Separation Act 2020, a major change was the removal of the ability of one person to “defend” a divorce, based on their view that the marriage had not broken down irretrievably.

Under the new procedure, even if the person receiving a divorce application (the “respondent”) does not want a divorce, the person who does want the divorce and made the application (the “applicant”) cannot be prevented from moving forward with it, save for in very limited circumstances. Consent and co-operation are no longer required to obtain a divorce.

Now the respondent can only dispute the proceedings based on technical issues, such as to challenge the jurisdiction of the court (which means that the person disputing the divorce doesn’t believe that the courts of England and Wales have the power to deal with the case and that it should be dealt with elsewhere), to argue about the validity of the marriage or civil partnership, or to assert that the marriage or civil partnership has already been legally ended.

When the divorce application has been served on the respondent (typically this means they have been sent the paperwork by email), they have 14 days to respond, or slightly longer if they live outside of England and Wales. A respondent can set out on this form an intention to dispute the divorce.

If a respondent wishes to dispute the proceedings, they must then send to the court an “answer” on form D8B saying exactly why they dispute the proceedings. This must be sent to the court within 21 days from the date on which their acknowledgement of service was due. At the time of writing, an “answer” cannot be filed via the online portal, so must be sent to the Court on paper.

Upon receiving an “answer” from the respondent, the court will, within 21 days, arrange a hearing for the judge to set out what further evidence is required to enable a decision to be made about whether the divorce can proceed. Once the court has that evidence, a further hearing will take place and unless an exemption applies, it will do so in open court, which means the hearing is open to the public and press to attend.

Given the limited circumstances in which a divorce can be disputed now,  that situation is rare so specialist legal advice should be obtained.

More common than disputed proceedings are those in which a respondent simply fails to acknowledgement service of the divorce application on time, which can lead to a delay in progress. If a respondent does this, an application can be made by the applicant to “deem service”. The effect is that the Court will confirm it is satisfied that the respondent has received the divorce application and the applicant will then be able to progress the divorce without any involvement by the respondent.

Read more articles by Joanne McDonald.

About Joanne McDonald

Joanne joined the Family law team at Furley Page as an Associate in October 2021.  Joanne is a member of Resolution for Family Law and adheres to a Code of Practice promoting a constructive approach to the resolution of family matters.

Joanne has always had a passion for family law and demonstrates this through her commitment to clients. She understands that the breakdown of a relationship can be distressing and strives to ensure that clients feel supported through the process. As well as relationship breakdown, Joanne advises clients prior to marriage in respect of nuptial agreements and clients who are making the decision to cohabit with a partner and want to ensure clarity of future arrangements.

Contact Joanne McDonald, Associate Solicitor in Furley Page’s family law team on 01634 828277 or email JLM@furleypage.co.uk.

The Impact of Alcohol on Relationships
Photo by Vinicius "amnx" Amano on Unsplash.
//

The Impact of Alcohol on Relationships

Dr Farrukh Alam
Dr Farrukh Alam
Lead Consultant Psychiatrist & Medical Director
Addcounsel & Orchestrate Health

The impact of alcohol on relationships is widespread and whilst drinking is often an enjoyable part of many different social activities, for many people, it can also be a source of conflict in their relationships, especially when consumption is excessive. Alcohol is normalised across many cultures, yet even though it is not harmful in moderation, it can also be problematic when used to excess especially in an already strained relationship. In some cases, alcohol misuse can put a serious strain on intimate relationships and has the potential to lead to separation issues in some couples and can negatively impact a relationship to the point of breakup or divorce.

How excessive alcohol use can affect a relationship:

  • Create intimacy problems and decrease in sex drive!
  • Lack of emotional availability and affection
  • Impaired judgement, increased irritability, and extreme mood swings
  • Feelings of depression and anxiety
  • Negative effect on family dynamics
  • Questioning of shared values
  • Levels of respect
  • Mistrust

Potential physical health problems of alcohol misuse include:

  • High blood pressure
  • Increased risk of heart and liver disease
  • Cancer of the breast, colon, liver, throat, and mouth
  • Weakened immune system.

If you’re worried about yours or a loved one’s drinking habits, ask yourself if:

you feel you should cut down on your drinking

other people have been criticising your drinking

you feel guilty or bad about your drinking

you need to drink first thing in the morning to steady your nerves or get rid of hangover

Signs of excessive alcohol use

Excessive alcohol use can have dire effects on the affected individual, whether their level of alcohol use is mild, moderate, or severe. If you believe that someone you love may have an alcohol use disorder, there are some common signs that can help you in figuring it out. If you wish to help yourself, or someone you know who may be affected, speak to a professional as soon as you can.

Approaching a person about their alcohol use can be a touchy subject, and without a careful and informed approach, the individual may feel attacked or confronted, meaning that a positive response is unlikely. If you feel like alcohol has been affecting your relationships, speak to an addiction professional, like a counsellor or an interventionist. They can guide you on how to best approach the situation and help you maintain your own balance and security throughout.

Dr Farrukh Alam BSc, MBChB, MRCPsych comments: “Relationship problems are a common result of alcohol use disorder as alcohol can change a person’s personality and this can have a detrimental impact on intimacy and partnerships. Where alcohol misuse has been established over a long period of time, the whole family dynamic may grow and shape itself around the addictive behaviour, often resulting in unhealthy, sometimes toxic relationships either between a couple, parent/child relationship or both and left untreated, alcohol use disorder can negatively impact a marriage, storing up trauma for future generations. However, people don’t have to suffer alone, talking to an expert can have great effectiveness in helping couples and families who are struggling with a substance use disorder”.

About Dr Farrukh Alam

Dr Alam is an internationally renowned expert in assessment and treatment of drug, alcohol, and other addictive disorders. He is accredited as having specialist expertise in this field by the GMC and, for over 25 years, has treated thousands of patients with a variety of addictive disorders.

After completing his medical training at the Universities of St Andrews and Manchester, his psychiatric training was carried out at national drug and alcohol units at The Maudsley Hospital, London. He is a member of the Royal College of Psychiatrists and has specialist accreditation in general psychiatry and treatment of addiction. He also holds the position Associate Medical Director for the NHS Central and North West London Foundation Trust.

In  July 2018,  he joined luxury rehab Addcounsel and sister company leading private community mental health service Orchestrate Health as Lead Consultant Psychiatrist and Medical Director. Dr Alam has a commitment to providing the best quality care and is responsible for the clinical safety of all patients. Working with people struggling with affective mood disorders, his specialist area is addiction (chemical and behavioural), helping people with alcohol, drug, and other compulsive behaviours, to achieving recovery and maintaining a happy life.

He has presented on the topic of addiction to a wide audience, including international conferences, House of Lords, and is widely published in international literature and media.

Dr Farrukh Alam holds Medico-Legal Expert’s Certificate, accredited by City University London & The Inns of Court School of Law. He has prepared psychiatric medico-legal reports for 25 years and prepares approximately 40 reports a year.

His current national roles include Clinical Advisor to the Civil Aviation Authority.

For more information or to arrange an interview with Dr Alam, please contact Natalie Clarke at Love PR London natalie@loveprlondon.com or call 07796 675950.

More about Addcounsel and Orchestrate Health

Offering expert private treatment for a range of addictive and mental health disorders, Addcounsel treat just one client at a time in luxury private accommodation in London, providing 24/7 medically led care from highly qualified mental health care professionals including doctors, psychiatrists, nutritionists, therapists, and addiction specialists. Addcounsel provides complete anonymity to high net worth and ultra-high net worth individuals and their families, for whom group recovery simply wouldn’t work. The model has proven highly successful and Addcounsel has treated hundreds of clients from around the world.

Orchestrate Health is London’s leading private community mental health service supporting patients and enabling them to be cared for online and/or at home by providing live-in mental health specialists, home assessments and daily visits from professionals within the mental health field.

Is There Any Way of 'Forcing' a Non-Residential Parent to See His/Her Children?
Photo by Daiga Ellaby on Unsplash.
//

Is There Any Way of ‘Forcing’ a Non-Residential Parent to See His/Her Children?

Megan Bennie
Megan Bennie
Family Law Solicitor
Furley Page

For many co-parents, one of the most challenging aspects of separated parenting is when one parent does not choose to spend as much time with their child as the other parent thinks they ought to.   In some cases, a parent may not see their child at all, whether through choice or circumstance.

The short answer to the question of whether a parent can be forced to spend time with their child, which I know will be disappointing for a lot of parents, is no.  If a parent will not spend time with their child, then they cannot be forced to do so.   The courts are not prepared to make orders forcing contact, and it is difficult to see if and how such an order could be enforced, or whether such an order would be beneficial or productive.

It is worth remembering that even if one parent chooses not to see their child, they will still have a responsibility to make child maintenance payments and an application can be made to the Child Maintenance Service if it cannot be agreed directly.

However, where there is already an arrangement in place, by virtue of agreement or a court order, if the arrangement falters, there are steps that can be taken.

There will inevitably be circumstances in which contact does not take place for a period.  For example, illness, holidays, or other life circumstances. Where the change to the contact arrangement is tackled in a way that is sensitive to a child’s needs and courteous to the other parent, this need not be a major issue.

However, in circumstances where the withdrawal from contact/the relationship is for a prolonged period or comes suddenly with no explanation, it can leave children feeling let down, confused and as if they are not a priority.

It can also be distressing for the parent trying to facilitate the contact to see their child upset, and they may feel their efforts are not appreciated, leading to further breakdown in the relationship between the parents.  In such circumstances it may be more appropriate to look at how contact is structured and assess whether a different arrangement might benefit the child and promote contact, allowing for greater consistency.

There are many process options available for these discussions. For example, this could be addressed directly with the other parent, at mediation, by instructing a solicitor or, if all else fails, by making an application to the court:

  • What level is contact set at? The court will bear in mind what is going to be achievable for parents and children.  A parent who struggles to maintain a relationship with very regular contact sessions might be able to achieve less frequent contact, but if that contact is better quality – or actually takes place rather than being cancelled – it could be better for the child involved.
  • By what means is contact taking place? The parent-child relationship may be better maintained by means other than direct face-to-face contact time. Telephone or video calls could bridge the gap, or a parent in difficult circumstances might be able to accommodate those where spending time together in person simply isn’t possible.

For children who might have faced disappointment in the past through repeated or last-minute cancellations, calls or letters might fit more easily into their existing routine and limit the disruption they face, while still maintaining a relationship with the parent they don’t live with.

The age and capability of a child, as well as the effect and perception of any previous issues with contact, are important factors to consider.  What suits one child and promotes positive contact in a particular set of circumstances may not be suitable for another child or another set of circumstances.

If all else fails, the threat that future contact could be reduced can be a ‘stick rather than carrot’ approach to ensuring contact does go ahead.  The court can threaten to or even actually reduce contact, sometimes quite significantly, if it is apparent such a change is in the best interests of the child in question.  However, it would be exceedingly rare to have an order for no contact at all: the court tends to leave a door open for a parent/child relationship to continue except in the most severe of circumstances.

If you have questions about any aspects of child arrangements, whatever your situation, please do feel free to get in touch so one of the team of family law experts at Furley Page can help.

Contact Megan Bennie, Associate Solicitor in Furley Page’s family law team on 01227 763939 or email MEB@furleypage.co.uk.

Read more articles by Furley Page.

About Megan Bennie

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

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

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

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

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

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

A Guide to Financial Settlement in Divorce
Photo by Scott Graham on Unsplash.
///

A Guide To Financial Settlement In Divorce

Chris Sweetman
Chris Sweetman
Director
Fair Results

One of the core parts of the divorce process is agreeing on a financial settlement. Especially now, with the introduction of no-fault divorce, it has become more straightforward to get divorced than ever.

However, you don’t want to be caught off guard by the future repercussions of a DIY divorce. Securing your financial future should be one of the main goals of any divorce. That’s why we’ve prepared a guide on the financial settlement.

In this article, Christ Sweetman from Fair Result is going to cover:

  • What is financial settlement?
  • What is included in the financial settlement?
  • How is child maintenance solved?
  • How can you prepare for the financial settlement?
  • Can you reach a financial settlement by yourself?
  • How does the court decide whether the settlement is fair?

What is financial settlement?

In simple terms, financial settlement in divorce is an agreement between you and your ex-spouse on how to divide financial assets after the dissolution of your marriage or civil partnership.

The settlement can be decided on during any point of the divorce proceedings/civil partnership dissolution. Nevertheless, we would recommend signing a consent order before applying for the Final Order (formerly known as Decree Absolute).

The court usually isn’t involved until the legally binding consent order is signed – stating that both parties agree with the terms. Once the order is drafted & agreed upon, the court needs to approve it. Although, there may be exceptions when divorcees can’t agree between themselves, and the court will be required to intervene.

What is included in the financial settlement?

Matrimonial assets (financial assets acquired during the marriage) are divided as fairly as possible – the starting point of the negotiations is usually 50/50. Whilst non-matrimonial assets (financial assets acquired before the marriage) can be protected by a pre-nuptial agreement and may not get shared.

The financial settlement can include:

  • Money (investments, insurance policies, savings)
  • Property (houses, apartments, rental properties, and holiday homes)
  • Child maintenance
  • Household contents
  • Cars
  • Pension funds
  • Business interests
  • Personal items (over £500)
  • Debts, loans, and credit cards

Moreover, stay vary of the division of mortgages and debt that were accumulated throughout the marriage (otherwise known as matrimonial debt). Since matrimonial debt can be split between both parties as long as the loan was taken out for the benefit of both spouses.

How is child maintenance solved?

In its essence, both parents are legally required to support their children financially. Usually, the parent who doesn’t have regular care of the children – must pay child maintenance.

The maintenance must be paid if a child is:

  • under 16 years old
  • under 20 years old but in full-time non-advanced education (e.g., A-levels)
  • 16-17 years old, no longer in full-time education but has registered for work/training with a careers service.

An agreement can be reached between the spouses regarding children. Alternatively, the Child Maintenance Services can work out child maintenance instead. They will determine how much money needs to be paid to the parent whom the children live with. The decision is mainly based on income & financial commitments.

Additionally, if the spouse that needs to pay maintenance doesn’t live in the UK – an application can be made to the court for a child maintenance order.

How can you prepare for the financial settlement?

The best thing you can do to prepare for a financial settlement is to sort out your personal finances. As well as, roughly agreeing with your ex-spouse who continues to pay the bills and who gets what assets.

If you have any joint bank accounts, matrimonial debt, or credit cards – contact your provider as soon as you can to let them know you’re going through a divorce. Also, make sure your salary or benefits go to a separate account that’s only in your name.

In cases where you can’t trust your ex to not spend money from a joint account, you can freeze your bank cards.

Furthermore, it’s important to evaluate your current finances as an individual and a couple. Make sure to take note of: what you own; how much you owe to each other; what a potential split in assets would look like. Lastly, you should figure out how will the pensions be split.

Can you reach a financial settlement by yourself?

If you’re living in England or Wales – reaching a financial settlement in divorce by yourself is an option. This would come in a form of the consent order, which is a legally binding document that outlines the division of assets & child maintenance.

Once the order is drafted & signed, you’ll need to send copies to the court asking for final approval. This costs £53. Although, to guarantee that your consent order is legally binding you should hire a solicitor.

It’s not recommended to draft your own consent order under normal circumstances. But it’s especially important to hire a solicitor if your financial situation is complex (e.g., you’ve multiple business or property assets), you’ve been married for a long period, or communication has broken down between you and your ex.

Reaching a consent order outside the court can not only speed up your divorce process but also reduce costs. As long as the court thinks the order is fair – it will get approved without any additional court hearings.

How does the court decide whether the settlement is fair?

The court follows the guidelines set out in section 25 of the Matrimonial Causes Act to rule on the division of assets. These include:

  • Existing and future financial assets – the considerations begin with complete financial asset disclosure by both parties. Then the existing assets are evaluated, including how earning potential may change in the future.
  • Current and future financial needs – similarly to future potential earnings, the court evaluates the financial needs of both spouses. Fundamentally, the court looks at moving/re-housing costs and which party will be the primary caretaker of the children. Both parties will also be asked to provide estimated expenses to help with the ruling.
  • Standard of living before the divorce – the court tries to sustain the same standards of living, as before the divorce, for both parties. Although, this is rarely achievable, and a more likely scenario is that both spouses’ standard of living falls.
  • The age of the spouses & marriage duration – in situations where the marriage is short, financial contributions made before the marriage become more important. Whilst if the marriage is long and both spouses are older earning potential, childcare, and pensions suddenly become more important.
  • Spouses’ physical and mental health – this isn’t a common factor during considerations. But when it’s applicable the court will ask for a medical professional to provide evidence.
  • Contributions made for the benefit of the family – this tends to be a highly contested point during the financial settlement. As the Matrimonial Causes Act outlines any contributions made to looking after the home or caring for the family count. So, for example, if one spouse works, while the other takes care of the children – they would be considered equal contributors. On the other hand, things can get more complicated if one spouse brought in high-value assets into the marriage, received an inheritance, or accumulated substantial wealth after separation. In cases like these, the court will consider additional factors.

Final thoughts

Overall, having a signed and approved consent order is the first step you need to take to secure your financial future after divorce. To ensure that you won’t face any negative repercussions after the divorce – hiring a solicitor, to help you with your financial settlement, could be your best choice.

Click here for more articles from Fair Results

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.

1 3 4 5 6 7 10