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Do Grandparents have Rights?

Published on
Kimberley-Bailey
Kimberley Bailey
Divorce and Family Solicitor

Grandparents usually have a positive influential role to play in the lives of their grandchildren; teaching them things their parents can’t from the generation before, helping children understand the dynamics of their family history, as well as the fun stuff of baking or playing with train sets.

Sadly, where there has been the tragic loss of a parent or following an acrimonious divorce or relationship breakdown, grandparents may be pushed out, losing contact with their grandchildren, sometimes quite to the detriment of the child.

So, what options are open to a grandparent in this situation?

Mediate to find a solution

Family mediation could have an important role to play here as a means of attempting to resolve disputes between grandparents and parents.

It provides a space where the families can communicate albeit via a third party. However, unless the parent(s) will engage in mediation, or the process of mediation breaks down without agreement grandparents are faced with the daunting prospect of having to seek the permission of the court even to apply to see their grandchildren.

Apply for permission from the courts

As unbelievable as it may seem grandparents have no automatic right to ask the Courts to help them, save for some exceptional circumstances, and so must apply for permission to make their application. Of course, before making their application they must decide what exactly they are applying for.

do grandparents have rightsIs it a Child Arrangements Order to have defined times when they see their grandchildren?  Or is it that the child should live with them given the change of circumstances, in which case should the application be for residence or a special guardianship order?  In my experience the difference isn’t always understood when I speak with grandparents wanting to go to Court.

Obtain a court order

A residence order would make the successful applicant the main carer for the child and give them Parental Responsibility shared with any parent who already has parental responsibility.  It would likely also set out when the child should spend time with their parents or other carers involved.

A Special Guardianship Order can secure the child’s long-term placement and give the Special Guardian Parental Responsibility as well as setting out arrangements to maintain the child’s links with his or her parent(s) but it also gives additional “powers” to the Special Guardian. It can for example give them control on a day to day basis of how the parents’ exercise parental responsibility

An application for a Special Guardianship Order must be supported by social services who will be asked to undertake a report during proceedings on the suitability of the applicant(s) and any other relevant matters.

It’s not easy for grandparents

The situation of grandparents is not enviable there is no longer Legal Aid to cover the legal costs in most cases and social services will only sometimes propose to assist with costs where they are encouraging the grandparents to bring proceedings rather than the child having to be placed in care.

The additional hurdle faced by grandparents – that they have to ask the Court for permission before they can make an application for a Court Order – creates a perceived barrier and indisputably increases the time and cost of proceedings.

But, I have worked with a number of grandparents, helping them to re-establish contact with their grandchildren, and they tell me it’s all worth it in the end.

Guest post written by Kimberely Bailey of Woolley & Co. Solicitors, originally published here 

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The 5 Questions to Ask Before Agreeing to a Divorce Financial Settlement

Published on
Luci Larkin
Luci Larkin Divorce and Family Solicitor Woolley & Co

If you are facing the prospect of a divorce or separation one area that is likely to be of considerable concern to you is the financial side of things.

In short are you going to be able to manage independently from your ex?

So, what are the top 5 financial questions to consider before you sign on the dotted line?

Have all the finances really been considered?

When considering a financial settlement with a client we break things down into three types of claims. The capital claims, which mean any properties you own, any shares or policies you have and any savings. Make sure you have thought about all of the capital you or your ex may have.

Then there is the issue of pension value and this includes any private pensions and the state pension which can have an added value. Many people are surprised to realise that a pension can be even more valuable than a property, so don’t underestimate the importance of looking carefully into this area.

Finally, we consider income which include any income from employment but from all sources including rental income or investment income.

Does the proposed split address your financial needs?

Does the settlement address your housing needs? Does it consider what you will need in terms of expenditure per month? Does it address your future needs in retirement, whenever that might be, even if still a long way off?

Does the settlement meet the needs of any children of the relationship?

If you have children make sure you have thought about how much it costs to look after them both now and in the future as they get older. Also, think about the cost of them continuing to study once they leave school and how they will support themselves.

Have you seen ALL of the financial information from your ex and is it accurate or is anything being hidden from you?

Make sure your ex has provided you with full details of their finances and ideally don’t just take their word for it, ask for documents in support. You want to be sure of the value of any properties by getting an independent valuation.

You will need to know the balances of any bank and savings accounts and the value of any pensions. You also want to know about any debts so that they don’t come out of the woodwork at a later stage and give you a nasty surprise. Make sure that the documents you do see make sense and the figures add up.

In most cases we encourage clients to go through a process of disclosure. You can do this voluntarily or, if you are asking the courts to make a decision on your finances, it will be a prerequisite. You do this by completing a Form E – we have a useful video talking you through what’s required in the Form E here.

Does it give you a good long-term solution?

Lastly, ask yourself whether in the long run you will be able to manage. Does the divorce settlement cover unexpected eventualities that can arise in life, such as big expenses.  Don’t make the mistake of having jam today (lump sum of a £10,000 may seem like a lot of money, but not if it will be your only income or asset).

Perhaps the most important thing is to make sure your settlement has not been agreed in too much haste and when emotions are riding high. You really should get some advice to make sure the settlement being proposed is in your best interests, both now and in the future.

Guest post written by Luci Larkin of Woolley & Co, Solicitors, originally published here 

 

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5 Ways to Save Time and Money on your Divorce

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Claudette Jaggard-Inglis
Claudette Jaggard-Inglis Divorce and Family Lawyer

Getting divorced (or un-coupling as some celebs like to refer to it as), does not have to be either an expensive or lengthy exercise.

I have been practising as a family lawyer for nearly 20 years so feel fairly confident that I have the experience and expertise to pass on some useful tips to help you save time and money if you are contemplating divorce.

  • From the outset, my advice is to ensure that you seek the advice from a family law specialist who can outline your options (i.e. the grounds for divorce, explain the process, discuss the financial issues which will arise from the breakdown in your marriage and in brief, point you in the right direction). By understanding the law and procedures surrounding divorce and separation, you will be in a better position to discuss matters sensibly with your spouse and avoid misunderstandings.
  • Once you are in receipt of initial legal advice from a family lawyer, try your best to keep relations between you and your spouse amicable and try to discuss issues confidentially between you without well-meaning third parties having their say!. My advice is always to ensure that, with a lawyer in the background giving you advice, you continue open and frank discussions with your spouse and work towards reaching an agreement between you in relation to both your financial issues and any child arrangements. An agreement reached between you, is always going to be a more workable one as it is an agreement made by consent and not a decision of any third party, such as a Judge.
  • It is easy to let your emotions “take over” during this difficult period. My advice is to try your best to keep emotions out of any discussions, although I appreciate that this will be difficult. Try to think ahead and of what is important to you moving forward. If you have children, it will be particularly important to keep your emotions “under control” so as not to upset them. Try to think about how the breakdown in the family unit will impact upon the children’s lives and with this in mind, work towards reaching an amicable agreement about how the children will be cared for which is fair for the children and in their best interests.
  • Avoid “having a go” at the divorce proceedings yourself as this can be a recipe for disaster and in the long run, cost your more in terms of time and expense. I have been instructed by many a client who has attempted to file for divorce themselves, and in the process, made mistakes with the court forms, and needed advice and assistance to sort out their errors. Unfortunately, this often means going back to the beginning with the process with can be costly and timely!
  • Do not try to “score points” with your ex in the divorce process. I know it is easy for me to say, but it is always best to try and avoid point scoring exercises which serve little purpose and will undoubtedly, increase your costs (as well as those of your spouse), and lengthen the process.

Finally, remember that divorce and separation can be one of the most stressful events that can occur in a person’s life.  With this in mind, and after having sought the appropriate legal advice, work towards reaching an agreement with your spouse over:-

a)    Who will start the divorce and the grounds that will be used
b)    The financial issues which will arise from your separation
c)    The on-going child arrangements

And of course, if I can help do make contact.

Guest post written by Claudette Jaggard-Inglis of Woolley & Co, Solicitors, originally published here 

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Pensions and Divorce

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Soila from The Divorce Magazine had the opportunity to interview Karen Agnew-Griffith of Woolley & Co. Solicitors about Divorce, Pensions and Financial Settlement or the Financial Order.

How important has the pension become in today’s divorce cases in view of the Wyatt vs Vince divorce court case?

Karen gave us a quick summary of the proceedings in the Wyatt vs Vince case.  She explained that they were married but it wasn’t a long marriage and they had one child.  They divorced in the early 90s and at the time of divorce they had no assests at all.

They separated, he went and she stayed at home living in quite poor circumstances, raising the child without any financial support from him.

20 + years later, he has made a fortune in wind farms and is now a mulitmillionaire.  She on the other hand, is still living in very poor circumstances and as she has raised the child of the marriage without financial support and is saying she now needs help.

At the time of their divorce those many years ago there was no financial settlement of any description.

The courts have now agreed in fact that she is owed but nothing like the amount that she’s expecting.

So what does it means now for couples getting divorced today or those who got divorced a few years ago and had no financial settlement?

Karen explains that the situation hasn’t changed drastically in as much as family lawyers, divorce courts and judges have always said to clients that they should try to resolve financial order settlements and claims at the time of their divorce process.

Karen has had situations where financial order claims have been made so many years after a divorce involving multiples of millions. So there’s always been that situation there.

What’s remarkable about this case is that it wasn’t a long marriage at the time of the divorce there were no assests and this is many, many years later. But Karen thinks this case is going to be treated in the same way as any other.

The facts of the case are always unique and the uniqueness of this particular situation is his remarkable wealth, her remarkable poverty and the fact that she did make a contribution something the has been taken into account.  She made a contribution in raising that child without financial support from the father.

What does “make a contribution” actually entail?  What does it mean?

Pensions and Divorce
Pensions or Property?

It can be anything, Karen explains that she had a case whereby a mother lived in a property that was in joint names.  Husband left that property, never paid for its upkeep, never paid anything towards the mortgage and 20 years later has come back saying, “Well I know you paid the mortgage off now I’d like to sell.”

The husband’s view then was, it’s the wife’s payment of the mortgage during that 20 years, it was the wife’s contribution in maintaining the property that has meant the property is now availalbe to be sold.

So in that particular case what the judge did was that he asked us to secure a valuation to what the property would have been worth at the date of separation and gave the wife all of the growth on the property up to that point and half of the value of the property at the point of separation.

So contribution can be something like looking after a property or where a parent who is looking after the children post-separation while the other parent who is not looking after the children day-to-day is able to work perhaps full-time and pursue a career.

In the meantime, the other parent with the care of the children, looking after the child in school holidays, looking after the children when they’re sick, perhaps cannot pursue a career and is left with a more lowly paid less of a career opportunity type situation.

So, the parent who is looking after the children is making a contrtibution in that way and quite often in a divorce you will quantify what total assets are and you will give the parent with the children whether it’s husband or wife you will give them an extra few percentage of the total assets.

When it comes to divorce and pensions, divorce hasn’t changed and pensions haven’t changed either. They’ve always been very valuable before the 2000s and since it’s just that peope are now aware.

People are living longer, they are suddenly aware that they are going to have a poor retirement if they havent’ got a decent pension fund. The value of the state pension has fallen. We’ve had a lot of years of opting out so that there’s less additoinal state pension and people generally have been untrusting of pensions and have invested less in pension pots you know in the last 15 years.

We have the situation whereby government workers, civil servants, nurses, doctors, teachers, members of the armed forces, police officers, firefighters, they’ve all had defined benefits final salary schemes and those are worth vast sums often vastly more than the value of any home that the parties own. So and wives are beginning to understand that they are certainly going to live as long as their husbands possibly longer and they need that retirement. They need those funds.

So when it comes to divorce and pensions and property, I asked Karen, pension or property?

She explained that one the court would say, the property, the money in the property is what we call a liquid asset you could sell it go out and buy lots of sweets.

With the pension, up until the recent changes, it was very difficult to cash it in and it was regarded as an illiquid asset.

The recent changes means that there is more liquidity in a pension. Realistically you’re only going to take £30,000 because after that the tax you would pay is punitive. So there’s a little bit more liquidity in a pension, but no frankly you need both. Buy a smaller house and have a pension.

What role does the financial order have to play in a divorce process and divorce settlement?

What is more important, having the matrimonial home or a share in the pension (pension sharing in divorce).

When coping with divorce and looking at divorce settlements, what do both partners need to be aware off with regards to pensions especially if you’re a teacher, firefighter, police officer etc. How would the pension sharing be an important factor in your divorce?

How important is it to reach a financial order?

As you go through your divorce process, don’t forget about completing all your divorce papers including those that deal with your financial settlement or financial order.

Ask divorce lawyers about the financial order and how to go about it all.

How will your divorce affect your pension? Is pension sharing a must do?

If you would like to contact Karen – 01842779905 –  www.family-lawfirm.co.uk

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

Divorce Tips – Working with your Divorce Lawyer

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Andrew Woolley of Woolley & Co. Solicitors
Andrew Woolley – Founder Woolley & Co. Solicitors

Divorce Tips

Engaging the services of a divorce lawyer can be daunting.

You can take all the advice in the world from friends and family, look for recommendations and do your background research, but you have to decide at some point and you need to make sure that the two of you gel and work effectively together to have the best chance of getting the outcome you want.

You don’t need to leave this element to chance though and by following a few simple rules and asking a few relevant questions at the outset, you have a much higher chance of working successfully with your family law specialist.

Don’t be afraid to ask

The law is renowned for its jargon and it is very difficult for trained specialists to realise those terms that are common knowledge and those that need further explanation. In short, if you don’t understand ask.

If you are discussing matters with a lawyer for the first time and they are using a lot of jargon which leaves you floundering, perhaps they are not the right fit for you.

If there are just a few terms for which you could do with extra explanation, ask and see how they respond. If they are able to go back and make the point clearly and try and cut out jargon after that, it is likely to put you more at ease, which is exactly what you need. It will also be some measure of their experience and knowledge of family law.

Pricing is also something which can cause people to feel uncomfortable, so ask how you will be charged, how much everything will cost and whether things can be done for a fixed price.

Fixed fees are increasingly popular as they can provide complete transparency, allowing you to budget for the costs involved. Ask exactly what is included and if there will be a final bill or will the invoices come at key milestones. Remember, divorce is the legal ending of marriage.

It does not include time spent settling financial affairs or reaching an agreement on where your children will live.

Expert advice on these areas is likely to fall outside any fixed fee for the divorce itself. Clarity on what you are going to pay will help you work with your solicitor as you are not worried about what it is going to cost or whether that extra phone call or letter is going to push you over budget.

Be open

For a successful working relationship with your divorce solicitor, you will need to be completely frank with them from the start and clear about what you want to achieve: what is most important to you? Stick to this and be aware that if you change your instruction halfway through the process this could incur additional work and additional costs for you.

You will need to supply all relevant information when it is asked for, so it is worth getting your affairs in order in advance so you have the right documentation. If you are trying to reach a financial agreement with your partner, for example, there will be a process called financial disclosure, in which you’ll need to supply bank statements and other financial records.

Use your lawyer for their legal expertise

Use your lawyer for the things they are good at, and nothing else if you can help it.

This may seem obvious but, so often, because of the level of discussion needed on certain subjects surrounding a divorce, it is easy to slip into discussing bigger issues. A certain amount of this is inevitable but you are paying a lawyer for their legal knowledge.

They might not be the best person from whom to seek personal advice or emotional support. Family, friends or professional counsellors can help you through the emotional turmoil.

Be realistic

You need to trust your solicitor to do their job. Trust is one of the key ingredients to a successful working relationship. This is helped enormously if you are realistic about the outcomes of the process and the time it will take. Your lawyer can be (and should be) clear on this.

If you “want to take them to the cleaners”, your lawyer should advise that this is not the right approach and is unlikely to lead to a good outcome for anyone. They can advise on what is reasonable to expect and what is not.

In terms of timescales, it will take some months but by arranging a weekly or fortnightly phone or email catch-up, you can be sure to have the latest information and an update on where things are without sitting at home worrying about what is happening.

Above all, you need to keep in mind that a good, experienced family law specialist is there to help and wants you to have the best outcome possible. Choosing carefully and ensuring you work well together will help everything run as smoothly as possible.

About Andrew Woolley

Article written by Andrew Woolley of Woolley & Co, Solicitors.  Woolley & Co is a firm of family law specialists with a team of 22 divorce and family lawyers operating throughout England and Wales.  We offer a free initial telephone appointment to discuss the legal issues you face and explain how we can help.

Call Woolley & Co. on 0800 321 3832

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