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How Dads can Stay Positive During Divorce

Karim Assad
Karim Assad
Partner in
Family Department of Fletcher Day

Breaking up is famously hard to do, but sadly it’s a fact of modern life and in reality it probably really is better than two people sticking in a relationship which has clearly run its course “for the children”.

When there are children involved, the law will put their needs right at the forefront during any divorce proceedings and, hopefully, both parents will do likewise.

It is, however also important to remember that parents need to take care of themselves in order to be able to take care of their children and that this includes their mental health as well as their physical health.

This can be particularly true for dads as they are often the ones who move out of what was the family home and have to deal with the notorious stress of moving home as well as the stress of the divorce and of becoming a “live-out dad”.

With that in mind, here are five tips on how dads can stay positive during divorce (which will also apply to unmarried couples with children who are going through a break up).

Get your employer on your side

You may want to keep it private that you are going through a divorce, but there is a big difference between telling your employer and telling your workmates.

If necessary you can usually bypass your line manager and go direct to HR, although in reality it may be helpful for your line manager to know your situation.

Most employers will be sympathetic and will do what they can to help, especially these days when employers, by and large, are becoming more aware of the importance of being able to balance work with family responsibilities.

Tell the people who need to know on your own terms

It may sound brutal, but in these days of the internet in general and social media in particular, it is probably going to be extremely difficult to keep rumours about your divorce out of general circulation for any length of time, especially not once you actually move out of the family home (in fact from that point on, you should probably take it as impossible).

Beat the internet gossips by telling the people who need to know on your own terms. This will be best for them and you.

Work on your physical fitness

There is a strong link between physical health and mental health so make time to work on your physical wellbeing (or to keep working on it if you are already active).

How Dads can Stay Positive During Divorce
Image by HamiJeezy from Pixabay

Even if money is tight, there are many and various affordable ways to exercise regardless of whether you prefer to work out alone or as part of a group, at home or at a gym or outdoors.

If you are already a gym-goer and are thinking of giving up your membership to save cash, then make sure that you are being honest with yourself that this is the real reason (and not that you are making an excuse for losing motivation) and then make an informed decision about what it was you liked about the gym and how you could either take that with you or recreate it in another way.

For example, if you have your gym buddies, you can give them your contact details and keep in touch socially in another way, then use some of the money you saved on your gym membership to join an online gym class while exercising at home.

Keep eating properly

This is really picking up from the above point. Our eating habits can be massively influenced by our emotions, some people comfort eat, others lose their appetite.

Practicalities can play a role too, if you’ve moved out of the family home then your kitchen facilities may not be what they were and if you’re rushing about trying to navigate your way around a new routine, then it can be only too easy to skip meals or turn to junk food.

Compromising your diet can compromise both your physical and mental health so do your level best to eat the way you’d like to see your children eat.

The same comments apply to what you drink, excess alcohol is obviously to be avoided but you also want to steer clear of excess caffeine and of excess fizzing drinks especially of the sort which are advertised as energy drinks.

Consider some form of therapy to help you manage your emotions

Therapy can range from buying downloadable guided meditations (from reputable sources) to visiting online forums, to going to real-world support groups to having one-on-one sessions with a counsellor or therapist.

In fact, you may opt for a combination of any or all of the above depending on your situation, needs and wants. If budget is an issue, then your local GP may be able to help as mental health is now much more of a priority than it used to be.

Keep your eyes on the prize of maintaining a good relationship with your children

You’re breaking up with your ex not with your children. You will always be your children’s dad and nothing can ever change that. Keep this thought front and centre in your every decision and every action.

Hard as it may be, try to focus on what you can do rather than dwelling on what you can’t.

For example, instead of smarting over the fact that you cannot be there in person to read your children a bedtime story and then kiss them goodnight, focus on the fact that you can still read your children a bedtime story over the internet.

Nobody’s pretending that this is as good as being there in person, but it is a whole lot better than nothing and men who have to work away from home (for example members of the armed forces) often maintain good relationships with their children even when they’re at a distance by making sure that they are in regular contact with their children and playing a meaningful role in their lives.

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About Karim Assad

Karim Assaad is a partner in the Family Department of Fletcher Day.

Fletcher Day have an experienced team of family solicitors in London who specialise in divorce, civil partnerships, prenuptial agreements and financial settlements.

Tips for Surviving Over the Christmas Period

Tips for Surviving Divorce Over the Christmas Period

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

Christmas is a stressful time of year for everyone, even more so for divorcees who may be spending the holidays alone for the first time in their lives.

Despite the stress and strain of the festive period, Christmas is ultimately about spending time with loved ones and spreading festive cheer (and the food, of course).

But some aren’t fortunate enough to be surrounded by their nearest and dearest, and for newly divorced couples it can often be a hard reality to face.

With this in mind, let’s look at 4 top tips that will help every divorcee survive the Christmas period.

Don’t Spend Christmas Alone

At the top of the list for obvious reasons, it is important that you don’t spend the holidays alone. You should make the effort to surround yourself with family and friends who care about you.

Understandably, you may be not be feeling very cheery after the breakdown of your marriage, but surrounding yourself with family and friends that care about you will go a long way in lifting your spirits.

Even if visiting your loved ones on Christmas Day isn’t practical, you should still make the effort to see family and friends. You could get in touch with old school friends and arrange a reunion or simply catch up with a trusted family member and talk to them about how you’re dealing with divorce.

Simply put, try not to isolate yourself at Christmas. Just because you’re facing a tough time it doesn’t mean you have to feel guilty for letting loose and embracing single life again.

Be Patient

If this is your first Christmas alone post-divorce, then festivities can often feel overwhelming. The stress of your divorce paired with general Christmas madness can leave you screaming into the abyss, but having a little patience (both with yourself and those around you) can make the world of difference.

If you feel as if your emotions are building up and up and up, ready to explode at any minute, then taking time out to focus on your wellbeing is an absolute must. It can be difficult to come to terms with your relationship breakdown and seeing other couples happy at Christmas sometimes heightens these emotions.

Remove yourself from the situations making you unhappy, go into an unoccupied and quiet room, take time to breathe and calm yourself down.

Meditation has also proven helpful when dealing with trauma and meditation techniques can help to promote serenity. Being patient with yourself rather than letting your emotions get the better of you can save you a lot of regret and stress in the future.

Make New Traditions

With marriage often comes children, and divorce will play a huge part in how Christmas traditions change for them once their parents separate. Of course some things will change as a result of your divorce, but making the most of a bad situation for the sake of your children is in everyone’s best interests.

You can introduce some new fun festive traditions for your children such as two different Christmas Days, one with mum and one with dad.You should also communicate with your ex-partner and come to an agreement regarding who the children spend Christmas with.

Above all, you should put the needs of your children before your own. You may desperately want to spend Christmas day with them but arguing with your ex-partner about custody rights could upset your children and ruin the magical season. You should try to compromise, and if you can’t see your children until a few days after Christmas, try and make the time spent together as special as possible.

Help those Less Fortunate

As a divorcee you can feel like the most unfortunate person in the world, and whilst your sadness at this difficult time is completely justified, it can often help to put things in perspective by helping those less fortunate than yourself.

Christmas is supposed to be about spreading cheer and love, and what better way to do that than to volunteer throughout the festive period. If you find yourself alone this Christmas, then creating new traditions and helping those in need is a great way to make the most of the holiday season.

Volunteering at Christmas time is a win-win – you get to help those less fortunate and at the same time distract yourself from your own troubling personal circumstances by surrounding yourself with new and like-minded friends.

Now that’s a lot to take in, especially when your head has been left spinning thanks to divorce proceedings and frantic Christmas planning – so instead of overwhelming yourself, why not try to bear in mind one or two top tips throughout the festive season. And you never know, a change in tradition could be the best thing that’s happened to you!

Click here for more articles by Kerry Smith

ABOUT KERRY

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.

Divorces Based on Unreasonable Behaviour

The Rise in Divorces Based on Unreasonable Behaviour

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

These days, divorce is rarely out of the news headlines.

While gossip columns cover rumours and facts about celebrity splits, the more serious sections of the media cover the issues raised by the UK’s current divorce laws and, in particular, the question of whether they are still fit for purpose.

The Five Grounds for Divorce in the UK

There are only five grounds for divorce accepted throughout the whole of the UK.

Three of these relate to couples having split up in practical terms and therefore are essentially just recognising an existing state.

One is adultery (which is legally defined as having sexual relations with a member of the opposite sex) and one is unreasonable behaviour.

Scotland permits divorce where one party has undergone gender reassignment surgery and has obtained an interim gender-recognition certificate. No part of the UK, as yet, has a “no faults” divorce option, not even Scotland. Scotland does, however, allow for divorce in a much shorter time frame than other parts of the UK.

Where both parties consent to a divorce, a year’s separation is sufficient, as compared to two years in England and Wales.

Where only one party consents to a divorce, two years’ of separation is acceptable, as compared to five years in England and Wales.

The Issue of “Unreasonable Behaviour”

Research from Oxford University highlights a significant increase in the number of people seeking divorce on the grounds of unreasonable behaviour. In 1971 it was used in 17% of divorces granted to wives and 2% of divorces granted to men.

In 2016 the figures were 51% and 36% respectively. This raises the obvious question of what has caused this increase and it would be very interesting to see the figures split out for Scotland, post the implementation of the Family Law (Scotland) Act 2006, (which amended the Divorce (Scotland) Act 1976) and England and Wales over the same period.

This might go some way to answering the question of whether this change reflects a genuine feeling on the part of one of the separating spouses, a feeling which can be substantiated in court, or if it is simply a convenient way to allow people to make a clean break and go their separate ways without the need for an extended period of separation.

The Advantages of Splitting Quickly

Most of us can probably appreciate the idea that people prefer to get unpleasant experiences over and done with quickly and even when the split is amicable, divorce probably comes under that category, at least for the majority of people.

There are, however, practical reasons for wanting the decoupling to move forward as quickly as possible and that is the fact that divorce proceedings finalize the divisions of a couple’s assets (except in very exceptional circumstances).

This can be particularly important where there is a significant difference in income between the two divorcing parties as being left in matrimonial limbo could have a serious detrimental effect on the lower-earning partner since they would only be eligible for a financial settlement once the divorce proceedings were actually underway. 

Click here for more articles by Kerry Smith

ABOUT KERRY

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.

Top 5 Tips for Parenting after Divorce

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

Becoming a parent is the most joyous and rewarding moment of your life, but it can also be the most difficult challenge that you are ever tasked with, and if you separate from the parent of your children, you may well think that the task is about to get much harder.

However, this does not have to be the case and you can indeed manage as a single parent living without the other parent of your children, without the failure of your relationship having any form of negative impact on them.

Parenting Post-Divorce: Our Top 5 Tips

Although certain aspects of parenting may become harder being on your own and without the other parent of your children, our top tips will certainly go a long way in helping you to manage.

Here are our top five tips to parenting post-divorce:

Ensure that your Children aren’t Involved in any of your Disputes Before, during and after a divorce, you are likely to have many disputes with your former partner, and this is very understandable.

However, one thing that you should always make sure of is that you never allow your children to be involved in any of the conflict. Not only can it have a big impact on your children, it can also damage the relationship that both you and your former partner have with them, and that is not good for anybody involved.

Take Advantage of Counselling After a divorce, issues that you were suffering from can often stay with you, even if they are as a result of the marriage rather than just the divorce.

If you are suffering from any issues, then it may be wise for you to seek counselling in order to deal with those issues in the most effective way possible. By gaining support and advice from an expert, you will be able to move on from those issues, helping you to be a better parent to your children.

Make sure that the Children don’t blame themselves – One of the biggest worries as a parent going through a divorce is that the children will begin to blame themselves for your separation, which can cause them deep distress.

You should be looking to dismiss these thoughts as soon as you can, telling them that it was nothing to do with them or anything that they did, allowing them to focus on feeling like a normal child once again.

Be Civil with your Former Partner and Never Speak Badly of them In order to move on from the relationship and any issues that you have previously suffered from, you should refrain from speaking badly of your former partner to anybody, especially your children, whilst also focusing on being civil whenever you come into contact with them.

Although you are likely to have issues with the other parent of your children, it is not fair on them for you to express them, as they still love them and look up to them. Voicing your issues is only going to cause further issues, and may well place a barrier between you and your children.

Work as a Parenting Team with your Former Partner Your children should be the main priority and focus of both you and your former partner, so you should both do all that you can to do right by them.

The best way to do this is to set aside your issues and work together as a team to be good parents to your children, which is sure to enable them to have the best childhood possible.

ABOUT KERRY

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.

help children deal with news of your divorce
Photo by Samantha Sophia on Unsplash

Best Ways to Help your Children Deal with News of your Divorce

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

Although it may be a very difficult and testing time for both you and your partner as you are separating and about to go through divorce proceedings, it can also be very difficult for your children.

However, one of the most difficult parts of a divorce is the moment you tell your children the news, with both you and your children set to face a tough time.

With this in mind, we have created a list of the best ways to help your children to deal with the news, to help minimise the impact that the news will have on them.

Tell your Children at the Right Time

A big mistake that parents sometimes make is informing their children of their divorce too soon, which then involves the children much more than they should have to be.

The best thing to do as a parent would be to formulate a plan for what you are going to say, how you are going to say it and ultimately when might be the best time to do so.

A big part of this would be to make sure that your children understand that they aren’t the reason behind the divorce, as this may well be one of their first thoughts.

They may begin to think that they could have done things differently to make their parents stay together, and it is essential that you make sure that they don’t think this way.

You and your former partner should ensure that you have everything in place for the divorce, such as a new home for the parent moving out and the divorce having already been filed, before telling your children.

This is because you don’t want there to be a big period of time before anything really happens, particularly as this can be very confusing and may provide false hope to your children.

As well as this, making it a joint effort will show your children that they will always have full support and love from the both of you, regardless of what happens.

Pay Close Attention to your Children

Once you have told your children about the impending divorce, try to pay extra close attention to them to monitor what they are saying, what they are doing and how they are behaving.

The news of your divorce may well have a negative impact upon them, and if it does, you will be able to notice it and look at ways to help them. Most children adapt well to changes that happen as a result of a divorce, but there is almost certainly going to be a difficult period of transition and you need to stay on top of things to notice any impact.

Your children’s teacher could also help with this, as if you mention to them the situation, then they will certainly keep an eye on your child and inform you of anything out of the ordinary.

If you do notice any changes and you aren’t able to work through them with your children, you may want to consider professional help, as this could really help your child to recover and will benefit them in the long run.

You as a parent may also benefit from professional help, as it may enable you to deal with any issues that you may face with your child’s behaviour and reactions.

Allow your Children to be Emotional but don’t give them Extra Reason to

It is very normal for children to be emotional when they learn that their parents are going to be getting a divorce, and often one of the most prominent emotions is anger.

Children will typically look for somebody to blame, and if that person isn’t immediately themselves, it will most likely be you as their parents.

It is important for you to allow them to be angry and to be hurt, but make sure that you don’t get too upset and get into conflict with them by going into any details, just simply maintain that the decision was a joint one between you and your former partner.

Something that you shouldn’t do is giving your children extra reason to be upset by saying things that may upset them or may trigger their anger again.

Telling them details of an affair or about what the other partner did or didn’t do is only likely to antagonise them and cause more issues.

Click here for 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.

Photo by Samantha Sophia on Unsplash

property rights during separation

The Effects of Restrictions on your Property Rights during Separation

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

When a couple end their relationship, there is typically a big dispute between the two parties regarding all of their assets and finances.

In a lot of situations, it can often be the case that one member of the couple holds the legal title to the owned property, rather than any property being jointly owned.

This can bring potential issues to you if you are the individual that doesn’t have legal ownership of the property, but there are a number of things that you can do to help your situation.

What should you do if you aren’t named as a Proprietor of the Property?

Following the separation from your partner, it is important that you determine whether or not you are named as a proprietor of the property in question.

In the case that you aren’t named as the proprietor, you will need to contact the Land registry and permit yourself occupation by registering a ‘Home Rights Notice’ against the property as soon as you can.

By completing this process, you are essentially protecting your personal rights in relation to eviction and exclusion, and this allows you to enter the property and means that you can continue to live there, even if you had already previously left the family home.

Although this process provides you with the previously mentioned rights, it doesn’t give you ownership of the property.

Property Restrictions

Restrictions for the property in question will prevent any unnatural dealings with the property by your former partner, particularly as restrictions can ultimately prevent them from selling it.

In order to file a restriction against the property, you must demonstrate a particular interest in the property, as well as matching a variety of different criteria.

As restrictions specifically relate to the property and the way in which it is handled by the proprietor, they are typically used within family law cases.

The main focus of this would be to prevent the sale of the property without the consent of the individual, or their solicitors, that ensured the restrictions. This would work in a way that the Land Registry would notify the proprietor of the property of your wish to apply a restriction against the property, with any objections to the restriction leading the case to be reviewed be an adjudicator.

A restriction would be removed from the property in the event of divorce, a court ordering or even a voluntary release, from the individual that initially requested the restriction, be put in place.

A restriction would be put in place against a property up until one of the parties applies for its removal, but this is typically following an agreement between the two parties for it to be removed, ready for the sale of the property.

Home Rights Notices and their Purpose

These notices are specifically designed to protect the rights of third parties as they will be lodged within the charges register of the property title, which would in turn inform any potential buyers of the property.

By having such a notice, you will be informed of any attempts to sell or transfer the property, giving you the ability to stop any transactions.

There are three types of notice that can be registered including:

Registrar’s Notice – This type of notice is designed for certain circumstances, and isn’t a very common occurrence within Family Law.

Agreed Notice – This type of notice would need consent from the proprietor of the property.

Unilateral Notice – This type of notice does not require any consent from the proprietor of the property.

It is essential that you know where you stand in relation to your property and your living arrangements. In the case that you aren’t a named proprietor of the property, we advise that you make use of this guide and take the relevant steps to protecting yourself and your position.

Click here for 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.

Arguing Causes More Damage than Divorce in Children

Arguing Causes More Damage than Divorce in Children, New Study Reveals

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

In the lead up to a divorce, those parents who argue are causing their child to develop at a slower rate in comparison to the actual divorce according to new research.

It has been found that a lot of the damage caused to children as a result of divorce is down to the arguing that occurs before the parents separate.

The research, carried out by the University of Yorkshire studied the data of 19,000 children who were born in 2000 and it identified that there are behavioural problems, hyperactivity and emotional development in those children of divorced parents who argued prior to the divorce being finalised.

Therefore, the research identified that children of divorced parents have reduced cognitive and non-cognitive skills when compared to those children who are not exposed to divorcing parents although the divorce itself is not the main reason for this.

A lot of the damage is caused by the circumstances prior to the divorce as well as the characteristics linked to the family. This could be down to many of those families having a lower education as well as struggling financially or they could have regular conflicts. The conflicts between parents could therefore, harm the development of a child more than the separation itself.

Those children that have separated parents have behavioural development problems that are 30% worse than those children who come from families that remain intact.

In England and Wales, the number of divorces occurring is on the increase. The majority of these divorces involve children who are below the age of 16 while 66% of them include children under the age of 11.

When it comes to helping children who are involved in a divorce, there are a number of things that parents can do to ensure they are affected as little as possible. Children are simply children and so, they do not need to see any conflict or discussions. These should take place at a time when the children are not around.

Children also benefit from a routine, this means it is important to keep any routine that they may have.

Any disruption can cause them problems so continue to take them to school or pick them up at the same time, visit grandparents in the way they do and if they take part in an activity during the week, continue the arrangement.

In addition to this, negativity can also have a detrimental impact on their development. They do not need to see or feel the negativity from the parents as this will also impact them.

Regardless of any problems between parents, the children still need them as parents so it is important that they continue to be involved in their lives.

It is now believed that the research could assist Government interventions in a positive way so that parents can be educated in a way that will allow them to understand how they could be having a negative influence on the way in which their child develops.

The results show that those interventions that are intended to enhance co-operation as well as those interventions that ensure parents are aware of how negative conflict can be could help to reduce the number of divorces which will help to improve the non-cognitive skills of children.

About Kerry

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.

 

A Case for No-Fault Divorce
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A Case for No-Fault Divorce

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

When it comes to the law and personal relationships, the UK is a curious mixture of the progressive and the archaic.

On the one hand, the law recognises same-sex unions, on the other the process of ending a marriage through divorce seems to be stuck in the past, specifically the 1970s and the Matrimonial Causes Act 1973.

Irretrievable Breakdown of Marriage in the 21st Century

In England and Wales a divorce can only be granted if it is shown that a marriage has broken down irretrievably and there are only 5 acceptable grounds for making this claim.

Adultery – In legal terms adultery is defined as having a sexual relationship with a member of the opposite sex, same-sex relationships are not recognized in this context.

Also adultery ceases to be recognized as grounds for divorce if the deceived party continues to live with their spouse for 6 months after discovering the affair.

Desertion/Living apart

If a husband and wife live apart for two years and both agree to a divorce

If one party leaves the other for two years and the other party requests a divorce

If a husband and wife live apart for five years and one or the other wants a divorce

Unreasonable Behaviour

One party behaves in such a way that the other cannot reasonably be expected to continue living with them.

De facto No-faults Divorce versus Legally-recognized No-faults Divorce

Looking at the list of reasons given above, it can be seen that currently the only way to be granted a divorce without some element of blame being attached to at least one of the parties is to wait at least two years, which can seem a very long time for couples looking to separate amicably and move on with their lives.

Because of this, Richard Bacon MP attempted to introduce the No-Fault Divorce Bill 2016, but this failed to get past its first commons reading.

Interestingly this appeared to be through lack of time as the second reading was postponed and postponed again, rather than through any strong, entrenched resistance to the idea itself.

There is still strong pressure from the legal community to recognize no-faults divorce, as is already the case in some other countries. In particular Resolution, an association of 6,500 family lawyers and other related professionals are continuing to campaign for a change in the law.

They argue that permitting no-faults divorce would not only free up court time, but also have a far lower impact on children.

Moving from the Blame Game to Respectful Co-parenting

The fact that there is still a requirement to demonstrate blame in divorce cases is particularly odd given that over recent years the government has heavily promoted the use of mediation during divorce.

The whole point of mediation is for couple to work constructively together to find a mutually-agreeable way forward which will always have the interests of their children (if any) at the forefront.

Even when divorce is the outcome, the idea is to move forward positively, particularly if there are children involved.

Notwithstanding this if the couple wish to divorce immediately (rather than wait two years), when the case goes to court one or the other has to shoulder the blame for the end of the marriage.

About Kerry

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.

 

Divorce Solicitor calls for Financial Settlements

Lancashire Divorce Solicitor calls for Financial Settlements for all Divorces

Jacquie Birkett
Head of Family Law
Barber & Co Solicitors

Jacquie Birkett, a divorce solicitor and former chartered accountant, who is head of Family Law at Lancashire based law firm, Barber & Co Solicitors, has spoken out in an interview about why getting a financial settlement at the same time as divorce is so important.

Couples who opt for a divorce without coming to a financial agreement may come to regret it in the future. Even long after a divorce, an ex-spouse may make a claim in relation to financial issues arising from the breakdown of their marriage.

What part does a financial settlement play in a divorce?

It is absolutely vital for the parties to negotiate and arrive at a financial settlement on the breakdown of their marriage. Such a settlement means that both parties can move on into the future certain of their financial position and the options they now have. Any settlement reached should be set down in a final order made by the Court within the divorce proceedings.

Why is arranging a financial settlement so important?

Arranging a financial settlement provides certainty for both parties. This can help them make important decisions as they move forward into a new life and ensure that they do not need to worry about, for example, providing stability and security for their children.

What problems can arise if you do not arrange a financial settlement?

If an agreement is not reached as to how financial issues are to be dealt with on the breakdown of a marriage then this can make it extremely difficult for both parties to move on.

In principle either party can make a claim against the other in relation to those financial issues at any time in the future unless the party who wishes to make the claim has since remarried.

If a claim is made then the assets of each party will be valued at that time and not at their value when the marriage broke down thus including lottery wins, inheritances, the fruits of business success and the increase in value of property in the intervening period.

Does not having a financial settlement affect how the marital home is divided up?

If there is no financial settlement, then it is likely that one of the parties remains in the former matrimonial home often with the children of the family.

In these circumstances it is very unlikely that the spouse who has left the home will have any lump sum with which to pay a deposit on a new property for themselves. This may cause problems when the children come to stay or may prevent them staying at all if it has not been possible to source suitable alternative accommodation.

For the spouse who remains in the property there may also be problems in the future. If they stay there until the children reach 18 then the equity in the property will usually be split equally at this time.

If the property has increased in value and the spouse who has remained cannot afford to buy the other out then the property will need to be sold. If a financial settlement was reached at the time of the divorce it may have been possible to argue that equality should be departed from and for the property to have been transferred into that spouse’s sole name.

What consideration is given to spousal maintenance in a financial settlement?

This is a complex area and very much depends on the particular circumstances of each individual case. Recent decided cases have concentrated much more on the needs of the spouse who is to be paid spousal maintenance and the need to set that spouse on the road to independence rather than earlier cases when much more generous decisions were made. It is vital to get expert legal advice in this area to ensure a fair outcome.

If I own a business, is my spouse legally entitled to half of it or any future earnings?

This is another complex area and very much depends on the type of business you own and how you own it. The Court is unlikely to deprive a spouse of his or her means of earning a living. It will not kill the “golden goose” but nonetheless the business will be considered along with all the other relevant circumstances of an individual case.

Are financial assets always split 50/50?

No. The starting point is that matrimonial assets should be split on a 50/50 basis however this may be departed from after considering the children’s needs, the length of the marriage, the ages, health and income earning capacity of the parties, the standard of living enjoyed during the marriage, needs and any other relevant circumstances. As always everything depends on the facts of the individual case and there is no set formula which can be applied.

What happens if I re-marry and do not have a financial settlement from my previous marriage?

Re-marriage will have an effect on your needs and obligations as well as your resources and this will be taken into account when reaching any financial settlement.

You should also note that in certain circumstances it is not possible to make a financial claim once you have re-married so it is important to take legal advice before you do.

About Jacquie

Jacquie is the Head of Family Law at Barber & Co Solicitors.  

She manages the firm’s new office in Ramsbottom which provides a specialist family law service along with services in wills and probate, conveyancing and company related matters.

Jacquie has 14 years experience of practicing family law and deal with all aspects including:-

  • Divorce
  • Dissolution of Civil Partnerships
  • Financial issues arising from relationship breakdown
  • Pre-Nuptial and Post-Nuptial Agreements
  • Deeds of Separation
  • Cohabitation Issues
  • Children Issues
  • Grandparents’ Rights
  • Schedule 1 Children Act Applications
  • Private Adoption
  • Fertility and Parenting Law

Barber & Co Solicitors, has four offices across the North-West of England in Preston, Darwen, Ramsbottom and Clitheroe

How to get full custody of child
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Family Mediation for Cohabiting Couples

Paul Sandford
Paul Sandford
Mediator and
Tribunal Judge

It is quite apparent that marriage is on the decline. Many couples simply cohabit instead. Increasing numbers of people need help and advice in connection with cohabitation disputes rather than marriage disputes.

What many cohabiting couples do not realise is that cohabitation does not create a legal, binding relationship in the same way that marriage does.

Even in the modern age of human rights, when divorce reform is meant to be on the agenda and civil partnerships have been introduced, cohabiting couples still do not have the same level of protection that is enjoyed by their married counterparts-there is no such thing as “a common law marriage!”.

Some people may have had the foresight to enter into a cohabitation agreement. Others will have economic independence and will be able to weather any results and financial storms.

However, most people are not in such favourable positions.

One very good option for disputing cohabiting couples is to go to mediation – In practice mediation gives the parties the flexibility to reach a mutually binding an acceptable agreement that could not otherwise be achieved – not only will they save a lot of money by going to mediation but they could achieve a great deal more.

About Paul

Paul Sandford is an accredited civil mediator,  family mediator and Tribunal Judge

He mediates for a leading UK charity, has been appointed a governor/mediator at a London Secondary School and has the benefit of having worked as a solicitor for around 25 years.  He has also worked as a trainer and university lecturer and has considerable experience of working with people who are disabled or who do not have English as a first language.

As well as being Regents University accredited, Paul recently completed ADRg civil/commercial and family training and is working towards becoming an accredited family mediator.

He has particular  knowledge and experience of housing, property/commercial, medical and public law issues and employment, workplace, family and educational disputes. He is a member of two mediation panels: Clerksroom, which has excellent conference call facilities, and the Business Mediation Group. In his spare time Paul enjoys cooking, football, test cricket and listening to the blues, and fundraises for his school.

1 in 5 UK Couples are Likely to Separate

How Many Marriages End in Divorce or Separation?

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

Counselling charity Relate has carried out nationwide research that has found that 20% of UK couples are likely to separate.

As part of their ‘Understanding Society‘ survey, both married and cohabiting couples were questioned and the results show that almost 3 million people are unhappy in their current relationships.

Couples were asked, as part of the survey, how often they argued and whether divorce was a possibility. They were also asked if they had any regrets about entering into a relationship with their partner and how unhappy they actually were.

The data showed that in 2011 and 2012, the number of relationships that were branded as distressed and the figure is still yet to return to what they once were before the recession took hold.

There is a clear pattern between the recession and the stress placed on a relationship.

This could be down to the financial strain and problems such as unemployment, debt and low income. While the recession may have eased and we seem to be heading into the clear, the same cannot be said for relationship stress levels.

The study also found that nearly 50% of couples admitted that they argued occasionally with almost 7% of these stating that their arguments became severe.

Couples with children under the age of 16 were likely to be in a relationship that left them unhappy or distressed and having their first child is seen as an event that completely changes the quality of the relationship. There were some regrets to getting married for 10% of those who took part in the survey and 9% had thought about divorce.

The breakdown of a relationship is not the real problem but it is more to do with the conflict that comes with it. Therefore, it is not particularly damaging to children when a relationship ends but it is the conflict that can cause more harm.

For those children who are brought up in a relationship that is fraught with conflict and distress, they are likely to experience a number of problems such as mental and physical issues.

It is believed that they are also likely to struggle in school and could even find themselves in trouble with the law. It is common for many couples to put up with their problems for many years before they even consider looking for help.

When that time does arrive, it is often the case that the damage has been done and that the relationship cannot be saved. The results and findings from the study are a huge concern and it shows that families cannot continue to suffer in silence in the way that many do.

About Kerry

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.

 

What is Cohabitation Really

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

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