Family Law in Partnership - Page 9

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What is Cohabitation Really

What is Cohabitation Really about – 4 Facts Unmarried Couples Should Understand

Published on
Sian Winter Family Solicitor Woolley & Co Solicitors
Sian Winter
Family Solicitor
Woolley & Co Solicitors

In January of this year, a heterosexual couple lost their court case in which they argued that opposite-sex couples are being subjected to discrimination as, unlike same-sex couples, they do not have the choice to enter into a civil partnership instead of marriage.

At present, same sex couples who wish to formalise their relationship and thereby obtain a legal status entitling them to financial protection and benefits, can choose between civil partnership or marriage.

Heterosexual couples need to marry in order to obtain that same financial protection.

The court found that the law as to civil partnerships was not discriminatory as the couple could marry if they wanted to achieve the rights, benefits and protections that flow from a formal recognition of their relationship.

Precarious Position of Unmarried Couples

The case once again highlights the precarious position of unmarried couples compared to married couples (or same sex couples in a civil partnership).

Unmarried couples should understand that if their relationship breaks down:

  • They cannot claim maintenance from the other person, other than maintenance for the support of the children. Compare this to married couples where, on divorce, a spouse can claim maintenance for his or herself as well as maintenance for the children.
  • There is no right to remain in the family home or have a share of its value if the property is held in the other person’s sole name. This is unless the non-owner can show they have made a direct financial contribution towards its purchase or there was a clear understanding that they would be entitled to a share of its value. The onus is on the non-owner to provide evidence to this effect.  Claims can be made on behalf of any children still in full time education, but any capital settlement for the children usually has to be returned to the paying party when the children have left their full-time education. Therefore, in a situation where one partner has moved into a property owned by the other and they have been in a relationship for many years, have had children together and those children have now left home, the non-owning partner may struggle to have any share of the value of that property, or any financial entitlement.
  • There is no entitlement to a share of pensions or any other savings or investments in the other person’s name, no matter how long the relationship has lasted.
  • If one partner dies, the other would have to pay inheritance tax, there is no relief as there is for married couples.

Is there anything unmarried couples can do to protect themselves?

Taking legal and financial advice when you buy a property or move in together can help avoid coming unstuck should the relationship end or one party dies unexpectedly. Lawyers can prepare deeds of trust to record beneficial interests in property, cohabitation agreements and wills.

However, at present, unmarried couples of the opposite sex continue to have a very different legal status from those who decide to marry, and civil partnership remains exclusively for same sex couples.

Guest post written by Sian Winter of Woolley & Co. Solicitors, originally published here 

 

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Difference Between Arbitration and Mediation

Which Divorce Process? Difference Between Arbitration and Mediation

Published on
Charmaine Hast - Wedlake Bell
Charmaine Hast
Partner and
Head of Family Team

TDM speaks with Charmaine Hast, Partner and Head of Family Team at Wedlake Bell – on Family arbitration as a divorce process.

If you’re going through divorce and are wondering which divorce process to use for your divorce proceedings, you may want to listen to this.

Charmaine Hast talks about family arbitration and the difference between arbitration and mediation.

Questions asked and answered include:

What is Family Arbitration?

Instead of going to court, family arbitration is an easy quick method of trying to cut down on time and legal costs.  You don’t have to wait for a judge to fit your case in his/her list of other cases to adjudicate on a particular day because with arbitration, you choose your judge and you choose your timetable.

What is the Difference between Arbitration and Mediation?

Family Mediation is where the parties work out the terms upon which they’re prepared to agree, whether it’s children matters or  financial matters.  It’s by negotiation and there’s a mediator helping the parties reach a decision.

What you’ve got with arbitration, is that you’ve got two parties who say they’re happy to use the arbitration system, rather than the court system, and what happens is that the arbitrator is actually the person who says to parties, you’ve signed up to arbitration, this is my judgement.

What are the Benefits of Family Arbitration?

Speed!  You don’t have to wait for a court process,  If you issue proceedings today for children matters, you’re first hearing maybe in 2 weeks time or in 3 weeks time.

Is an Award Legally Binding?

Before you enter into arbitration, you’re actually signing a document, which is a standard form, set by the Chartered Institute of Arbitration. 

Both parties sign up to it and you’ll be bound by the arbitrator’s decision. 

The advantage of that is, the arbitrator’s decision is then binding on you, as the parties. Not only will you get a decision which is an arbitrator’s decision, you will also get a decision which is a court order.

Who are Arbitrators and what Credentials do they Have?

There’re retired high court judges, retired district judges, mainly barristers and a few solicitors.

 

Other questions in the interview include:

 Do I still need a Lawyer to Work with me During the Divorce Process?

How does it Work? What does the Process Entail?

Charmaine is regarded as an expert in English Family Law.  She is also a Family Solicitor Arbitrator.

She has particular experience in advising on big-money and big-name divorces. She is able to advise on cross-border money matters and has a particular interest in trusts and pensions.

Charmaine’s practice covers divorce, separation, civil partnerships, pre- and post-nuptial agreements, co-habitation agreements, children issues, abductions and international law.

Contact – wedlakebell.com

 

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Is your Partner Showing Narcissistic Behaviour?

Is your New Partner Exhibiting Narcissistic Behaviour?

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

After being out of the dating pool for a decade or so, post-divorce it can be tempting to give an individual the benefit of doubt for erratic behaviour.

One may wonder if things have changed in the dating world, or is it just them.

It can be difficult to ascertain when a new partner has a personality disorder. Whether a person is a full-blown clinically diagnosed Narcissist – or shares a few of those traits – there are clues that someone is bad news.

If there are problems in your relationship, are they willing to work on them? Narcissists do not seek out therapy since it is the other person’s fault that the relationship is deteriorating.

Narcissists may begin therapy when pressured, but drop out fairly quickly.  They do not want to see their flaws or contribution to a floundering relationship. They are not going to exert any effort for a change nor try to understand your viewpoint and needs.

Sense of entitlement. Narcissists feel they deserve special treatment – the best restaurant table, hotel upgrade to a suite, place of honour and so forth. They want special consideration from others and bask in adoration. Narcissists will trample on family and friends to save face or get what they want. They are very into materialism.

Narcissists perceive themselves as experts. You name it – they will know all there is on that subject. A young woman received her degree in philosophy, yet a narcissistic man working in security initiated a discussion to show off his brilliance. Although he was clearly off the mark on a philosopher, he bragged about winning the “debate.”

Narcissistic Behaviour?He regularly spouts nonsense to the staff and gets belligerent when facts conflict with his views. Watch out if your  new beau is Mr. Know-It-All or your girlfriend always has to be right. They get furious when others disagree with them or catch their discrepancies.

Is your new partner extremely competitive with you – even when your careers are vastly different? Narcissists crave fame and do not tolerate you sharing their spotlight.

When a partner moves up the career ladder, garnishes praise or wins professional awards, this can be threatening to a Narcissist. They want the attention with a date in the background.

One may be on the receiving end of putdowns concerning their abilities and stating achievements are due to luck. I sometimes socialized with an acquaintance, who was an excellent nurse, and with her husband. He would criticise her and this was awkward for the rest of us.

After their divorce, Clare stated that her ex was a Narcissist and she had  reached the breaking point. Disrespect towards you is a red flag that this is not a healthy relationship.

Narcissists want power over others. They are the puppeteers who pull the strings so others do their bidding. Your new date is controlling which can initially be mistaken for seemingly to be in love. The old Rolling Stones’ song “Under my Thumb” describes this controlling behaviour and lack of a cooperative partnership.

Narcissists attempt to steal centre stage from others. For example, when a person told a joke or humorous story, one Narcissist would quickly add his sentence to the end of it, right before people started laughing. His lame one-liner was not relevant to what the jokester had previously said.

We were not fooled and were not laughing over the Narcissist’s addition. A Narcissistic date may try to top your or other people’s adventures in a conversation. They have to come out on top.

Relationships are not exactly 50/50, but if yours is 90/10 in their favour, then something is amiss. Are your needs and desires being lost in the background while their every whim is being met?

Remember, a relationship does not consist of a dictator and follower. If yours is beginning to feel that way, then talk it over with a trusted friend or professional.

 

Wendi Schuller - Global Guide to Divorce

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

Her most recent book is The Global Guide to Divorce and she has over 100 published articles.

Her other book is The Woman’s Holistic Guide to Divorce. Web site is globalguidetodivorce.com.

Follow Wendi on Twitter,  Facebook, google+

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technology is changing divorce
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How Digital Technology is Changing Divorce

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

Divorce has been changing a lot in recent years, but these changes are not just a matter of successive legal reforms and year-to-year changes in rates.

One source of change that is often underappreciated is the impact that the rise of the digital sphere, and in particular the world of social media, has had on the process of ending a marriage.

Digital technologies have changed the world of divorce primarily through introducing a new avenue of investigation and enquiry. Digital records are often much easier to investigate, and much harder to conceal or destroy if you say something you later regret.

This means that communications made directly with your former partner and with other parties can usually be analysed in great detail, as can any angry Facebook statuses or tweets you may have made relating to the divorce process or your former partner. These can have a significant impact on the divorce process, and are entirely capable of impacting the final settlement.

Even a Google search history can have an impact.

As such, digital evidence is playing an increasingly big role in today’s divorce cases, with written communications – whether made privately or in the more public sphere of social media sharing – probably playing the biggest role. It is a lot harder to deny communications that are on written record than things you have said verbally, and it is a lot easier to send an instant message or post a social media update in the heat of the moment and with little thought than it was for our ancestors to send an angry letter.

Modern technologies are also playing a role in bringing about divorces – or at least hastening the end of already-troubled marriages. Once again, social media is probably the most prominent aspect of the modern world in operation here.

The key factor is much the same; digital communications leave a permanent record and in some circumstances can be much easier for somebody to access than traditional communications methods. Such accessing of private communications may be intentional, for example if a spouse already has some suspicions and accesses their partner’s texts or Facebook messages in an attempt to confirm or refute them.

However, it is also quite common for such communications to be stumbled upon accidentally, for example if a spouse is looking for something else on a partner’s phone, or if one person has left their social media accounts active on a shared computer.

As you might imagine, adultery cases are the biggest group to which this is relevant. Messages that prove or provide supporting evidence for adultery suspicions can be the final triggering factor for divorce, as can incriminating or suspicious photographs that have been shared on social networks.

In other cases, what is discovered may be “virtual adultery,” online flirting with or without “actual” infidelity taking place, and this could still hasten or trigger the end of the relationship. However, similar principles can apply in cases where there is no infidelity at all. If a marriage is already going through difficulties, it is entirely possible for one partner discovering unflattering things their partner has said about them to friends, for example, to prove to be the final straw.

Kerry Smith is the head of family law at K J Smith Solicitors, a specialist family law firm who deal with a wide range of issues including divorce, domestic violence, civil partnerships and prenuptial agreements.

 

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Cohabitation Agreement: Why and How to Protect yourself in all Eventualities

Published on
Vanessa Fox Partner and Head of Family Law, hlw Keeble Hawson
Vanessa Fox
Partner and Head of Family Law,
hlw Keeble Hawson

More people than ever before are choosing to live together without ‘tying the knot’ – as reinforced by research from the ESRC Centre for Population Change.

Yet, with Relate reporting that separation among cohabiting couples is running neck-and-neck with the divorce rate, it is vital that they know the legal ramifications of their status and are not left disadvantaged by it.

Despite the government’s attempts at promoting marriage and civil partnerships, it is estimated that around six million people in the UK now simply live together – with the numbers set to rise, according to reports from the Centre of Social Justice.

However, these couples have no legal status and, contrary to popular belief, ‘common law marriage’ is not a legal entity.

Whereas there are clear rules in England and Wales regulating the finances of divorcing couples – and who gets what when a spouse or civil partner dies – there is no provision for live-in partners.

There are no specific laws to protect separating cohabitees and they usually have no automatic entitlement to anything upon the death of their partner, no matter how long they have lived together.

The death or separation of a cohabitee can therefore lead to some knotty legal complications that the law is poorly equipped to address at present. This can result in expensive litigation to resolve them, often based on complex property and trust rules – which can in turn result in outcomes that neither party necessarily intended.

There is, however, a simple, relatively inexpensive solution to all of this, albeit a little known one.

For while increasing numbers of couples are entering into pre-nuptial agreements before marrying, to plan in the best of times for what should happen in the worst of times, many cohabiting couples are unaware that they can do something similar.

Having a cohabitation agreement in place could avoid financial and emotional trauma later on.

This can give both partners peace of mind by making clear in the case of a split or death:

  • Who will own the home you live in or intend to live in – and, if jointly, the shares
  • Who will pay the bills, including any improvements or renovations to the home
  • What will happen to the property if the relationship ends or should one of you die
  • Whether the survivor can stay in the property after the death of the other and, if so, for how long
  • How any children, including those from previous relationships, will be protected financially

The first step is to make contact with a legal practice with an experienced, respected team of family and will and estate planning specialists to discuss your specific circumstances and what you need to consider.

Acknowledged the latest Legal 500 2015 Guide as ‘Extremely bright and resourceful’, Vanessa has amassed almost three decades of experience in family law and has been head of the family law team at Keeble Hawson since 1991.

An accredited mediator, Vanessa is also a Resolution accredited expert and has been Chair of South Yorkshire Resolution since 2013.

A member of the Law Society’s Children’s Panel, Vanessa receives instructions from Children’s Guardians. She is also accredited by the Law Society Family Law Panel.

Vanessa’s work is typically characterised by sensible and practical advice that supports a speedy and pragmatic resolution.

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10 MYTHS ABOUT ONLINE DIVORCE UK

10 Myths about Online Divorce UK

Published on
Carmen Hudson (LLB) Director DivorceBox.com
Carmen Hudson (LLB) Director DivorceBox.com

So many questions have been asked about online divorce, so Carmen Hudson, Director at Divorcebox, has taken the time to give us the top 10 myths about online divorce UK

Myth #1 – You need to use a Solicitor to get divorced

A common misconception is that you need to instruct a solicitor to obtain a divorce.

In reality 40% of divorce applications* in England and Wales are concluded without using a solicitor.

For more information on divorce and the divorce process visit: www.gov.uk/divorce/overview or www.divorcebox.com

Myth #2 – You have to wait 2 years or 5 years before you can get divorced

There are two criteria that a couple have to meet to make a divorce application.

  1. That the marriage/civil partnership has irretrievably broken down
  2. That you have been married/civil partners for at least one year prior to your application

The ‘facts’ used to prove the above are:

  • Unreasonable behaviour (the most common fact cited)
  • Adultery
  • 2 years separation with consent of both parties(often referred to as a no fault divorce)
  • 2 years separation, Desertion
  • 5 years separation, Desertion

You can get a divorce after one year if your spouse/civil partner has behaved in a way that you consider to be unreasonable or has committed adultery.

The 2 and 5 year criteria refer to no fault divorce applications where there are no allegations about your spouses behaviour. You can divorce by mutual agreement after 2 years or because your spouse has ‘deserted’ you for a period of 2 or 5 years respectively.

Myth #3 – Quickie Divorces

When the press refer to a quickie divorce they are in fact referring to a uncontested divorce where both parties agree to the divorce. No firm or company can influence the speed at which your divorce is granted. This is determined by two things:

  • The court/Divorce Centres schedule or workload.
  • The co-operation of both spouses who agree to the divorce

These are the two factors that will influence the speed at which your divorce is granted.

10 MYTHS ABOUT ONLINE DIVORCE UK

Myth #4 – You have to attend court to get a divorce

Very few divorce applications are defended, where one party doesn’t agree to the divorce application, and an even smaller number of those require a hearing.

The majority of divorces are dealt with without either party having to attend court.

Myth #5 – Finances are settled on a 50/50 basis

When people refer to financial divorce settlements they are generally referring to a settlement by court order. It is worth noting that you do not have to apply for an order or go to court to resolve financial or childcare issues (see #8 below).

If you did decide to make an application to the court for a financial order there is no automatic division of assets on a 50/50 basis or in any other proportion. What the judge will look at is the circumstances of the divorcing couple and the needs of both parties.

Remember the pendulum can swing both ways. Either party can be potentially ordered to pay maintenance to the other party and the court does not automatically give a ‘stay at home parent’ a bigger slice of the cake.

Myth #6 – I need a consent order

A consent order is:

“a financial contract, jointly agreed by a divorcing couple, that finalises the financial obligations arising from the marriage/civil partnership”.

Firstly if your spouse doesn’t want to sign a consent order, you can not get one, as a contract requires the consent of both parties.

Secondly if you have children it may not be in your best interests to ‘consent’ to a contract that allows for no future changes in financial arrangements (that may or may not have been agreed in a separate agreement), because your children’s circumstances may change for a variety of reasons in the years ahead.

Consent orders are not a one size fits all instrument. It will depend entirely on your circumstances and the co-operation of both parties.

You can obtain a consent order in addition to completing a DIY divorce or online application if both parties are in agreement.

Myth #7 – Legal Aid is not available for divorce applications/Court Fees

10 MYTHS ABOUT ONLINE DIVORCE UKThis myth is mostly true but there are schemes in place to assist those couples going through divorce. Legal Aid is no longer available for most family law matters but there is an exception for matters involving domestic abuse.

However, fee remission of the court fee for a divorce application is available for those individuals that meet the income criteria. Meaning that those on lower incomes or benefits are entitled to a full or partial remission of the court fee for a divorce application.

Financial and childcare arrangements:  Legal Aid is available for mediation if you meet the income criteria. Mediation helps you sort out arrangements about finances and children following divorce or separation.

Myth #8 – You can not get an online divorce if you need to make a financial agreement or arrangements in respect of children

A divorce application is separate to any financial agreements or arrangements in respect of children. They are often dealt with at the same time and run alongside each other but each matter is dealt with in it’s own right.

You can get divorced using an online application and deal with financial matters and childcare arrangements separately without referring the matter to court if you wish to do so.

Family Mediation:  Mediation is where an independent and impartial third party discusses issues with you and your ex-spouse/civil partner to try and reach an agreement. Mediation can be conducted separately if the circumstances require it.

Mediation is not about getting back together. It is an opportunity for a divorcing couple to make arrangements about a number of issues, including but not limited to financial affairs, housing, child care arrangements and how to deal with any property.

Legal Aid is available for mediation if you qualify.

Myth #9 – Online divorce is for people with no assets

This is another popular divorce myth. However, it was recently reported that Gary Lineker got divorced online and as such is likely to have dealt with any financials matters separately.

Myth #10 – Divorce is expensive

This myth is often supported by press coverage on big money divorces. But divorce applications do not have to be expensive or complicated. There are schemes available for those individuals on lower incomes and you can reduce the cost further by completing your application online.

Costs of divorce:

Application forms – the application form is available for free at hmctsformfinder.justice.gov.uk or DivorceBox.com

Court Fee £410 – this can be reduced to £0 if you qualify for remission

Family Mediation – Legal Aid is available for mediation

Online divorce – DivorceBox packages from £39.00

 

*https://www.gov.uk/government/statistics/family-court-statistics-quarterly-july-to-september-2015

Carmen Hudson (LLB) is a director and head of legal of operations at DivorceBox.com a online legal service provider specialising in online divorce (e-divorce).

After 15 years in dispute resolution she founded DivorceBox to offer a less intimidating alternative to traditional legal services.

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online divorce uk

Online Divorce UK – 2016 A New Era For the Divorce Process

Published on
Carmen Hudson (LLB) Director DivorceBox.com
Carmen Hudson (LLB) Director DivorceBox.com

2015 heralded lots of significant changes for divorce and family law.

We started the year with the government expressing concern about the potential for geographical ‘advice deserts’ and the likely ‘effect of geographical provision …of civil and family law’(1) services following the cuts to legal aid for the majority of family law cases.

Between the months of January and October we had, the long anticipated, roll out of the new Divorce Centres and introduction of a Single Family Court system.

The rational behind their introduction (to make the act of divorce more procedural) was welcomed by many in the sector.

We experienced and overcame the inevitable ‘teething problems’ that accompany any major change in structure or practice. And concluded the year with a disappointing delay to the second reading of the ‘No Fault Divorce Bill’ which is now expected to take place in the new year.

As a nation the way in which we divorce certainly changed in 2015.

And whilst there was a reduction in the number of providers offering legal aid services (down from 1,899 in 2013 to 1,435 in 2014 (2)) the legal services sector has responded robustly with many providers offering fixed fee, low cost and online solutions. As such geographical boundaries are becoming less relevant.

So what does this mean for those couples making the difficult decision to separate and divorce in 2016.

In 2016 you can literally get divorced from the comfort of your own home and commentators will inevitably be quick to criticise the advances currently taking place within the sector.

But we should try and remember that making the decision to end a marriage/civil partnership is hard enough for those involved, and is rarely taken lightly.

Advancements that improve the current process should be embraced and not derided.

In 2011 a report by the Family Justice Review recommended that ‘the process for initiating divorce should begin with the online hub and should be dealt with administratively by the court, unless the divorce is disputed'(3).

In 2015 the MOJ took a big step in the right direction with the introduction of Divorce Centres, the Single Family Court with a single jurisdiction and a single point of entry.

But whilst we welcome such changes this is only a partial step towards streamlining the divorce process.

Unfortunately it is the private sector that is once again leading the way. Personally at my own company DivorceBox.com an online provider offering edivorce we ensure that all our services are compatible across all devices and platforms. And we aim to make the divorce process as smooth as possible.

Divorce is not a situation in which people, ‘choose to litigate’, a divorce application is legally the only way in which you can dissolve a marriage/civil partnership and as such should be made as simple as possible.

Carmen Hudson (LLB) is a director and head of legal of operations at DivorceBox.com a online legal service provider specialising in online divorce (e-divorce).

After 15 years in dispute resolution she founded DivorceBox to offer a less intimidating alternative to traditional legal services.

c.hudson@divorcebox.com

 

  1. Justice – Eighth Report: Impact of changes to civil legal aid under Part 1 of LASPO Act 2012, 4 March 2015, Ch 5 (para 73) 2015.

http://www.publications.parliament.uk/pa/cm201415/cmselect/cmjust/311/31108.htm

  1. Justice – Eighth Report: Impact of changes to civil legal aid under Part 1 of LASPO Act 2012, 4 March 2015 Ch 5 (para 74) 2015.

http://www.publications.parliament.uk/pa/cm201415/cmselect/cmjust/311/31108.htm

  1. Family Justice Review, Final Report 2011, p25 (para 131) https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/217343/family-justice-review-final-report.pdf

 

 

 

 

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financial-advice-and-divorce
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5 Financial Divorce Myths – Financial Advice and Divorce

Published on
Finances after Divorce
Mary Waring
Independent Financial Advisor and Author of  The Wealthy Woman: A Man is Not a Financial Plan: A Woman’s Guide to Achieving Financial Security

If your husband has dealt with the family finances during the period of your marriage then it’s very likely that during the divorce negotiations you can feel fearful and overwhelmed when looking at the financial issues.

There are a few myths worth looking at around finance:

Myth 1: You aren’t entitled to a fair share of the assets

Don’t assume that if you have earned less than your husband that this will impact on your settlement. Women often earn less; either because they are a stay at home mum, maybe the family finances don’t require them to work, or they do a lower paid/part time role due to child care issues.

Frequently women believe that if they haven’t contributed financially to the marriage that they will be entitled to a lower share of the joint assets on divorce.

However, this is incorrect. The court will base the settlement on the financial needs of both parties, especially the one looking after the children.

If it’s a short marriage, typically you go will leave the marriage with what you bring in. But in a longer marriage all assets (and in fact all debt) are pooled and the aim is to divide equally, as much as possible.  This is regardless of who owns which assets.

Myth 2: Your husband will be financially penalised

Do not assume that if your husband wants to end the marriage, or maybe his affair was the reason for the divorce, that the law will in any way punish him financially to your benefit. I often hear women saying “I want him to pay” for what he’s done.

But the law is not there to punish one or other spouse. Its aim is to split the available assets according to each parties needs. The court does not consider moral right or wrong:

If your husband has left the marital home, he will need to be rehoused. If there are children to the marriage he will need an appropriate sized property so that there is sufficient room for the children to stay when they spend time with him.

Myth 3: You will always be able to maintain the same lifestyle after divorce

Financial Advice and Divorce
On this basis, maintaining the same lifestyle just may not be possible.

Following divorce it’s very likely you will want to maintain the same lifestyle as you enjoyed during your marriage.

If there are sufficient funds to go round that’s likely to be the outcome.

However, consider what will happen if there isn’t enough money. The same income that was being used to support one household during the marriage will now be used to support 2 households following divorce.

On this basis, maintaining the same lifestyle just may not be possible.

You must consider the joint finances. If there is not sufficient money for you to stay in the family home, the law will not uphold your request.

Listen to what your family solicitor advises you will be an appropriate outcome. They have years of experience and can predict the likely outcome with some confidence.

Work closely with your financial adviser to see if it is possible to stay in the family home. Look at the various options, budgets, and what it is you can afford.

 Myth 4: Keeping the family home is the best option

Financial Advice and Divorce
Myth – Keeping the family home is the best option

My experience is that frequently the wife wants to stay in the family home and the husband wants to keep his pension intact. He views the pension as “his” money compensating him for the hours he’s put in at the office.

Staying in the family home can often be an easier option for the wife. In a period of extreme upheaval and uncertainty it can be really comforting to have some stability. It causes the least disruption and upheaval for the wife and the children.

However, before you decide this is the outcome you want, you must consider the wider implications of being awarded the home and therefore potentially receiving no pension share.

Consider what income you will live on when you retire, especially if maintenance will cease at retirement age.  There is always an option to downsize at a later stage, but do you know whether that will realise sufficient funds?

 Myth 5: Thinking you are a “common law wife”

Frequently women who are co-habiting with their partner and not married (or not in a same sex civil partnership), think they have the same protection as a wife.

Although we often hear the term “common law wife”, there is infact no such thing in law.

It is a widely held belief among women that if you are cohabiting but not married that you will have the same rights as a spouse. However, this is a myth, and this is the case regardless of the period of time you have been living together and even when you have children.

Following separation your partner will need to provide financially for the children. However, there is no legal requirement for him to provide for you or provide a share of the wealth created during your relationship.

What should you do?

Getting to grips with finances during this very difficult and emotional time will often be challenging. But you only have this one chance to get the right settlement for you and your children. Work closely with your professional advisers to ensure you understand the implications of each of the financial options and you choose the one that’s right you.

Mary Waring

Sign Up for Mary’s ebook – The 7 mistakes women make when getting divorced and how to avoid them

 

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Compensation and Divorce
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Personal Injury Compensation and Divorce

Published on
Kirpal-Bidmead Flint Bishop
Kirpal Bidmead Partner and Head of Family Law

How much of the compensation received by one party to a marriage or civil partnership for personal injuries they’ve suffered should be given to the other party on divorce or dissolution?

This is a question that is currently being considered by a Court in a divorce case between a former soldier severely injured whilst serving in Afghanistan and his wife.

Corporal Simon Vaughan suffered catastrophic injuries in 2008 as a result of the explosion of a roadside bomb in Helmand Province whilst he was serving with the Army and was not expected to survive.

Corporal Vaughan has been left with brain damage and is a wheelchair user who types into an electronic device in order to communicate with others. He received approximately £1.1 million compensation for his injuries from the MOD and some private insurance policies. Those funds were expected to cover the costs of his medical care and health needs for the rest of his life.

Sadly, in February 2013 his wife, Donna, left him and Simon is now living in the bungalow which was bought and adapted to his needs at great expense and reportedly only £200,000 of the compensation is now left in cash to fund his care.

The Court is hearing evidence from Donna and Simon as to what proportion of the compensation should be paid to her to help her bring up the two children of the marriage. Some reports even suggest that the bungalow will have to be sold to help fund the divorce settlement.

Many people don’t realise that compensation for injuries suffered can be and is taken into account when considering a financial settlement on divorce or dissolution of a civil partnership.

However, the ongoing needs of both parties to the separation and their children are also relevant factors when determining how much, if any, of that compensation should be paid to the uninjured spouse or partner.

It will be interesting to see how the Judge in this case deals with the competing claims and balances Simon’s considerable needs with those of Donna and the children.

 

Kirpal Bidmead  is a Partner and Head of Family Law at Flint Bishop.  She has almost 20 years of experience as a solicitor is recommended by The Legal 500

Kirpal Bidmead is also an accredited member of Resolution, where her specialist subjects are Advanced Financial Provision and Advocacy.

She handles cases involving complex financial issues and matters involving arrangements for the children of the family and specialises in protecting the interests of high net worth clients on a daily basis. 

 

 

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Government Promise Domestic Violence Legislation Reform

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

Did you know that in a recent survey of 2,000 people, just one out of every five of the respondents believed that it was easy to spot domestic violence?

Less than one third of them believed that domestic violence could happen between former partners.

Domestic violence is, generally, considered to be physical or verbal abuse. However, psychological and financial abuse can also occur.

The latter two are dreadfully difficult to spot, and even harder to prove. This means that many people who commit that type of domestic violence are actually getting away with it.

The problem is many people do not recognise certain situations as domestic abuse.

For example, less than half of the respondents believed that keeping a tab on the spending of a partner is abuse. This means that many people could be carrying out domestic abuse, even if they are not aware of it.

That being said, the Crown Prosecution Service has put a lot of effort into ensuring that those who commit domestic abuse are punished for their crimes.

In fact, in 2014, over 107,000 people, the vast majority of them men were prosecuted for domestic abuse-related crimes. This is a far higher number than ever before.

Michael Gove, the justice secretary, pledged to reform domestic violence legislation. At the moment, he believes that it is far too easy to reoffend. He also believes that the length of time that a trial takes from start to finish is a form of abuse in itself, as some cases take a couple of years to get to trial.

Gillian Guy, currently working for Citizens Advice, believes that it was a good sign that the government are starting to tackle domestic violence properly, or, at least, entertain the notion of making improvements to the law.

She believes that the reforms that the government is proposing is likely to reduce the amount of stress it takes for a victim to get the help that they need, either on a legal basis, or on a basis where they can be helped psychologically and ensured that it is not their fault.

She also believes that reforms in legislation may have an impact on the recognition of abuse. As mentioned previously, many people do not realise that they are a victim of domestic violence and are less likely to report it.

New legislation will also aim to make coercive control illegal and ensure that those who try to control their partners, even after a separation, will feel the full force of the law.

Sadly, at the moment, there is still very little being done when it comes to legal aid.

As you may well know, a person can only apply for legal aid in domestic violence cases if they have evidence of domestic violence in the past two years. Sadly, many victims do not have the evidence that is required and, therefore, people are not being punished for their crimes.

More articles by Kerry Smith

About Kerry Smith

Kerry Smith is the head of family law at K J Smith Solicitors, a specialist family law firm who deal with a wide range of issues including divorce, domestic violence, civil partnerships and prenuptial agreements.

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How to Get Divorced – Where to get Divorce Papers?

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Which divorce forms and where to get divorce papers from?

We have so far looked at the importance of getting the financial order or financial agreement in place, how to get divorced and now we look at where to get divorce papers from.

The divorce forms are different for each basis or case and you can download the necessary divorce papers from here https://www.gov.uk/divorce/overview

What if we have nothing to “fight” about financially, we still need a financial order or a clean break order? Yes you do.

How long does the divorce process take? About 5 – 6 months if all is well.

What is the form E? Horrible form that’s a bit like an income tax form! It’s a form you have to complete in relation to financial proceedings. So if you’re going through financial proceedings relating to your divorce or ending of your civil partnership you have to provide full details in relations to your personal and financial circumstances and to provide lots of supporting financial documents that go with it.

Form E is completed during the family mediation process during the financial disclosure stage. At the end of the day, what the court will need is a summary of this information, i.e. each person’s full financial standing and this is required on what is called a D81 otherwise known as a Statement of information for a Financial Consent Remedy Order!

Completing this particular divorce form is crucial as it allows the divorce judge to look at the proposed order against that form and decide whether that order should be approved or not.

Without that background information he or she cannot make any decisions as to whether that financial order or financial agreement is correct.

Sometimes you won’t get your decree absolute until your finances have been sorted because by having your decree absolute you’re no longer husband and wife. This means that if there are pensions involved it’s important that until all of the finances have been resolved that you don’t have your decree absolute. So don’t rush into headlong finalising your divorce until you have sorted out your finances.

Caroline is a seasoned family lawyer and a member of Resolution which follows a strict code of practice and code of conduct so as to promote amicable and conciliatory divorce.  You can contact Caroline on:

www.independentlegalservices.info

cs.independentlegalservices@gmail.com

Phone: 07518178977

 

 

 

 

 

 

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How to File for Divorce: The Financial Order

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What is a financial order? It’s part of the divorce procedure. A financial order or a clean break order as it’s otherwise known, regulates such aspects of the financial agreement as spousal maintenance or alimony, payment for a capital sum or a lump sum, provide for a sale of a property or a transfer of a property and also a pension sharing order.

Caroline Saunders is the founder of Independent Legal Services which compliments family mediation. She takes the mystery out of the divorce process by helping you complete your divorce papers and make them legally binding.

When you have successfully gone through family mediation and you have a settlement agreement on all matters relating to finances, Caroline is there to help you formalise that agreement.

Unless you have a clean break order or financial consent order no matter how long you’ve been divorced, as seen in the Wyatt and Vince case, one or other of the parties can come back and ask to apply for a financial order.

Ideally when you go through your divorce process or end your civil partnership, as part of the settlement agreement you should have a financial order that deals with every aspect of the financial side of your marriage.

What happened to one of Caroline’s clients when they didn’t finalise their financial agreement? What happens when there is no court order?

A lot of couples assume that once there is a divorce that’s it but it’s is only the ending of the marriage it’s not the ending of the financial relationship between them.

How important is it to have your financial agreement. You must, must have that put into a court order.

 Independent Legal Services does this. When you have a couple that have reached agreement in relation to a divorce or civil partnership, I’m there effectively to help with all the form filling but most importantly to draft the financial order.

The financial order is what gives you a proper clean break.

If you reach an agreement together, you still will need somebody with specialised family law knowledge, preferably a family lawyer, to look at that agreement and say if it ‘s going to work in practice.

Caroline is a seasoned family lawyer and a member of Resolution which follows a strict code of practice and code of conduct so as to promote amicable and conciliatory divorce.  You can contact Caroline on:

cs.independentlegalservices@gmail.com

Phone: 07518178977

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