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Your entitlement to spousal maintenance

Published on
Davina-Warrington
Davina Warrington
Divorce and Family Law Solicitor
Woolley & Co Solicitors

Understanding your entitlement to spousal maintenance following a separation is a significant concern for many. This form of financial support, distinct from child maintenance, is available only to those who were married and aims to provide financial assistance from one spouse to another upon the dissolution of their marriage. The necessity for spousal maintenance arises from various factors, including the length of the marriage, the employment status of each party, ages, childcare responsibilities, and the financial independence of both parties.

Spousal maintenance, also referred to as spousal support, is not a one-size-fits-all solution but rather depends on the unique circumstances of each marriage. A typical scenario might involve one spouse sacrificing career opportunities to manage household duties, thereby becoming financially dependent on the other, who is the primary income earner. In such cases, the non-working spouse may be entitled to financial support if they cannot sustain themselves with their own income or assets.

To determine if you are eligible for spousal maintenance, consider your financial needs against your potential income, the sacrifices made during the marriage such as career opportunities for homemaking, your age and its impact on your earning capacity, and the possibility of a financial clean break versus ongoing maintenance. Additionally, the willingness to pursue legal action, the implications of remarrying on maintenance entitlement, and the advisability of consulting with a divorce and family lawyer to assess your case are crucial considerations.

Applying for spousal maintenance typically involves negotiation or mediation, leading to an informal agreement that minimises legal costs and conflict. However, if an agreement cannot be reached, court intervention may be necessary to decide on the entitlement and amount of maintenance.

The payment of spousal maintenance can be structured in several ways: a lump sum payment, ongoing monthly payments, or a combination of both, tailored to the recipient’s needs and the payer’s ability to pay. The choice of payment method should be informed by expert legal advice to ensure it suits your specific circumstances.

In England and Wales, the calculation of spousal maintenance is not governed by a fixed formula but is determined on a case-by-case basis, taking into account each spouse’s financial resources and the reasonable needs of the requesting spouse. The duration of spousal maintenance can be indefinite or for a fixed term, often influenced by the length of the marriage and the agreement reached by the parties, with the understanding that remarriage of the recipient spouse terminates the maintenance entitlement.

At Woolley & Co, Solicitors, we offer specialised legal advice to ensure you secure the most beneficial spousal maintenance arrangement. Our approach is tailored to your unique situation. To explore your options and understand your entitlements more thoroughly, consider a free 30-minute consultation with one of our expert family law solicitors. Contact us at 0800 321 3832 or visit our website at www.family-lawfirm.co.uk for more information.

More articles by Davina Warrington.

Davina Warrington

Woolley & Co’s Burton upon Trent-based family solicitor, Davina, specialises in divorce, financial settlements and family law. Davina has always lived, studied and worked locally and deals mainly with clients in Derbyshire, Staffordshire and the wider East Midlands area.

Davina qualified as a solicitor in August 2005 and joined Woolley & Co in 2006 from a firm in Burton on Trent.

You can visit Davina’s profile here for more.

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How To Tell Your Spouse you Want to Divorce?
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How to Tell Your Spouse You Want to Divorce?

Published on
chloe-o-contributor
Chloe O.
The Divorce and Separation Coach

Think back to some of the most important conversations you’ve had in your life. How many have there been? For most people, the answer is just a handful. There is no doubt that the conversation you have with your spouse informing them that you want a divorce will make it to the list as well. And like all important matters, it requires some preparation and thought.

The manner in which you choose to begin the divorce process is significant in that it sets the tone for the entire divorce, and for your relationship with your ex afterwards. Some people opt for an aggressive approach, filing for divorce without informing their spouse and creating an element of surprise. Others choose to begin their post-marriage story with a collaborative and amicable approach. Unless they are in an extreme situation, such as domestic abuse, I always recommend to my clients to have an honest and respectful conversation with their spouse at this stage. Because less conflict means a less costly divorce and a better outcome for everyone.

My recommended approach to having “the conversation” revolves around 3 pillars which conveniently spell out “GPS”.

G stands for “Get yourself organised”

It is important to take a bit of time upfront to educate yourself about divorce. The best way to do this is to speak to professionals such as family lawyers or divorce coaches who can answer your questions. Avoid asking divorced friends or family as every case is different and their experience may be misleading. Search engines are also to be avoided due to the risk of obsolete, unverified or inapplicable information. In speaking to various professionals, I encourage you to explore the different divorce options that exist in your country (mediation, litigation, collaborative law…) and understand potential alternatives to divorce, such as separation. This will allow you to build a divorce or separation budget for the divorce costs themselves, but also for sustaining yourself after divorce.

The second consideration when getting yourself organised is safety. I always recommend to my clients to create a new email account with a different password, to which their spouse has no access. This email should be used for all divorce-related matters and must remain confidential. In the same vein, I would encourage you to change any passwords and passcodes on devices your spouse has access to and ensure your phone doesn’t have a tracking option enabled.

Unfortunately, there are many cases where divorce announcements lead to one party trying to hide financial information and documents. This is especially relevant if you are not involved in the financial management of the household expenses and income. Before speaking to your spouse, ensure you have gathered relevant financial information that might be easily hidden later, on such as bank account balances, mortgage providers, recent utility bills, your spouse’s income over the past few years… You may want to speak to a financial advisor for advice on the right information to gather at this stage.

P stands for “Prepare for the conversation”

If you are having this conversation, it probably means that you have a degree of respect for your spouse. It is important to have empathy too. Remember that while you may have been thinking and planning for divorce for months (or years!), they may not be in the same place as you at all. It can help to prepare for various potential reactions from your spouse and to have a defined course of action for each scenario. Role-playing or scripting what you are going to say ahead of time can be useful tools to explore with your divorce coach when preparing for this.

One of the fundamental pieces here is to make the conversation constructive. Remember that this is a forward-looking conversation, not an opportunity to assign blame or revisit past feuds. The objective here is not to have another argument but to leave the past behind you and start thinking about how to create separate futures in a non-destructive way.

At this stage, you may already want to start thinking about your expectations regarding the way you want your separation to unfold. How soon do you want to file for divorce? Will you continue to cohabitate during the divorce or live in separate houses? Do you want to try to resolve things together informally or do you need legal advice? How do you envisage your relationship post-divorce? How do you want to look back on your behaviour during the divorce a few years from now?

This is also a good time to start thinking about your expectations with regards the final divorce outcomes and arrangements. Early budgeting will help you get a good idea of how much maintenance you may require (or be able to provide, if you will be the one paying it) or whether you can afford to stay in the house without your spouse.

S in GPS, which stands for “Setting yourself up for success”

While it goes without saying, people often forget that the time and place to tell your spouse you want a divorce should not be improvised. Thinking through the actual setting for the conversation can help provide a sense of control and avoid mishaps. You will want to consider 3 elements: the form, the time and the place.

  • The form: I always recommend having these conversations face to face as this type of announcement requires some personal contact. Avoid emails or text messages, in particular, as they do not allow you to hear the other person’s tone of voice and can often be misinterpreted.
  • The place: Choose a place that is neutral, safe and allows you to have a potentially emotional conversation without interruption. If you are afraid of your spouse for any reason, consider meeting them in a public place or having someone else present.
  • The time: It may seem obvious, but it is always better to have this conversation at a time when there is no live argument between you and your spouse. This needs to be a calm and rational conversation and it cannot be managed properly when emotions are already riding high. Something else to keep in mind, if you have children, is the importance of choosing a time when they are not in the house nor likely to return unexpectedly. It is very difficult to predict how long the conversation will last and how your spouse will react. You would not want your children overhearing your exchanges or walking in halfway through.

With regards to the conversation itself, make sure you keep it short and decisive. Be clear about your decision and try to avoid justifying it too much. As mentioned earlier, your spouse may be taken by surprise or simply not as prepared as you are to take this step. If you sense that they need extra time to process what you have just discussed, stop the conversation there and keep your initial thoughts about the next steps for a follow-up conversation when they are ready. You will have plenty of time to discuss the logistics of the divorce at a later time. The objective of this conversation is to inform your spouse of your decision and set the stage for a collaborative divorce resolution.

I hope this three-step approach will be useful to you as you embark on your own divorce journey. Remember that the way you behave has a significant influence on the outcome you will reach, as well as on the amount of grief and expense you will incur along the way.

Click here to read more by Chloe O.

About Chloe O.

“My name is Chloe O., I am an Alternative Dispute Resolution (ADR) professional and a Certified Divorce Coach. I specialise in working with women to help them reduce conflict during and after divorce by improving their negotiation and communication skills with their spouse. The objective is to work towards an amicable divorce outcome in order to minimize the emotional and financial cost of divorce. I work with all types of clients but I have extensive experience in supporting expatriates and international families who are dealing with the unique situation of living abroad during and after their divorce, with limited local family support, language barriers and relocation considerations.”

For more information about my work and services (including my Podcasts, newsletter, myth-buster videos…), you can visit my website and/or follow me on Instagram, Facebook or LinkedIn.

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Navigating Divorce with Children: A Compassionate Guide

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

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

Timing and Transparency

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

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

Communicating the Reasons

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

Conducting the Conversation

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

Do:

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

Don’t:

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

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

Age Considerations: understanding impact

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

Minimising Impact

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

Creating Child Arrangements

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

Conclusion

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

Click here for more articles by Rebecca Franklin

About Rebecca Franklin

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

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

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

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Take Control of Your Divorce Process
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Take Control of Your Divorce Process – Don’t Let it Drag On

Published on
Chris Sweetman
Chris Sweetman
Director
Fair Result

Going through a lengthy, drawn-out divorce can take an immense emotional and financial toll. As Neol Gallagher said: Divorce is a long, drawn-out process, so it affects the mood. When the divorce process drags on for months or years, it prevents you from moving forward and starting fresh. You remain stuck in limbo, unable to heal and plan for your new future.

A prolonged divorce also drains your bank account. When lawyers are heavily involved over an extended period, the costs add up quickly. Legal fees, expert witnesses, paperwork, and other expenses continue to grow as time goes on.

In addition, communication often suffers in a lengthy divorce. With lawyers acting as intermediaries, direct communication with your former partner breaks down. This can increase animosity and make reaching agreements even more difficult.

Why You Should Take Control from the Start?

Rather than resigning yourself to a slow, painful divorce, you can take proactive steps to move the process along. By taking charge from the very beginning, you can avoid unnecessary delays and reach resolution faster.

When you take control, you can set the pace and timeline for negotiations and agreements. You don’t have to wait around for your lawyer or spouse’s lawyer to take action. You can create momentum to finalise the key issues efficiently.

Taking charge early also reduces costs in the long run. The sooner you can reach agreements, the less you’ll have to pay in legal fees over time. And it allows you to move on with your life sooner rather than remaining stuck in divorce limbo.

Take a Proactive Approach

Seek Amicable Separation Before Involving Lawyers

One proactive step is to discuss amicable separation terms with your former partner before getting lawyers involved. See if you can mutually agree on central issues like asset division, spousal support, child custody arrangements, etc.

Bringing in lawyers too early can set an adversarial tone that makes compromise difficult. By starting off collaboratively, you lay the groundwork for quick negotiations down the road.

Make a Sensible Financial Offer Quickly

Shortly after consulting your lawyer, take the initiative to make a sensible financial offer for settlement. Don’t let your lawyer drag their feet in making an initial offer. Putting a reasonable offer on the table early catalyses serious negotiations.

If your initial offer is fair and thoughtful, your spouse will likely make a counteroffer, moving talks forward. Don’t wait weeks or months to get the ball rolling – taking control means making an opening offer right away. In turn – protecting your financial future.

Set Deadlines for Agreements

To keep forward momentum, set firm deadlines for reaching agreements at each stage of the divorce. For example, set a two-week deadline to agree on asset division, then a one-month deadline for spousal and child support.

Setting ambitious but doable deadlines applies constructive pressure to finalise key agreements. It shows you are serious about efficient progress and avoid stalling tactics.

Prioritise Compromise and Collaboration

Mediation and Collaborative Divorce

To expedite your divorce, make compromise and collaboration priorities from the start. Consider alternatives to litigation like mediation or collaborative divorce.

In mediation, you work with a neutral third party to discuss issues and reach agreements. The mediator facilitates communication and helps you find common ground.

Collaborative divorce takes a team approach, with you, your spouse, and both lawyers committing to settle out of court. Everyone works together transparently to reach a fair resolution.

Both options lead to quicker, more amicable outcomes than prolonged litigation. They keep communication open and solution-focused.

Find Mutual Solutions With Your Ex

Even without formal mediation, look for areas of compromise with your former partner. Identify priorities on both sides and see where you can find the middle ground.

Listen sincerely to your spouse’s perspective and desires for the divorce settlement. Be willing to bend on less critical points to build goodwill.

Compromising requires setting aside anger about the past. Focus on pragmatic solutions that let you both emerge from the divorce feeling heard and respected.

Keep Communication Respectful

Amicable communication is essential for quick compromise. Always interact calmly and respectfully with your ex during the divorce process, even when tensions run high.

Name-calling, passive aggression, or dredging up past grievances will only delay progress. Maintain composure and stick to current issues. Your tone can have a big impact on facilitating agreements.

Move Forward Quickly

Don’t Let Lawyers Slow Things Down

Once you have lawyers, don’t let them dictate an overly languid pace. Convey your desire to move efficiently towards settlement. Push them to review agreements quickly and keep things moving forward.

If your lawyer seems prone to unnecessary delays, consider finding one more aligned with your goal of expediency. Look for lawyers experienced in mediation and collaborative divorce.

Lighten the Mood During Negotiations

During challenging negotiations, inject some levity and warmth when appropriate. This can ease tensions when talks get stuck. A little humour and friendliness can go a long way.

When things get tense, suggest taking a short break to clear heads. Bringing the tension down will help lead to positive outcomes faster.

Finalise Agreements to Avoid Delays

As you reach agreements in principle, move promptly to finalise the specifics in writing. Don’t let critical points languish without documentation.

Follow up diligently on any open items or next steps discussed. Don’t allow yourselves to backslide on progress made. Keep the momentum going strong until every aspect of the divorce settlement is formally concluded.

Final Thoughts

By taking proactive control of your divorce from the very beginning, you can minimise delays and reach resolution faster. This saves time, money, and emotional energy.

Setting the pace, compromising quickly, and finalising agreements promptly leads to an efficient and amicable process. You deserve a quick and painless divorce so you can move forward with your life on your own terms.

Click here for more articles by Chris Sweetman

About Chris Sweetman

Chris Sweetman is an independent family solicitor and director of Fair Result – An award-winning law firm who pride themselves on using innovative ways to help clients through the stress and complications of a marriage breakdown.

Chris can be contacted at 07500933818 or via email chris@fair-result.co.uk.

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High-Profile Divorces: Putting Children's Interests First.
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High-Profile Divorces: Putting Children’s Interests First

Published on
Chris Sweetman
Chris Sweetman,
Director
Fair Results

In the world of celebrity divorces, the headlines are often filled with drama, intrigue, and sensationalism. Recently, the media has been buzzing about the divorce of Sophie Turner and Joe Jonas, with the spotlight shining brightly on their high-profile breakup. While the public’s fascination with such cases is understandable, it’s crucial to remember the real people at the heart of these stories: the children.

Today, Chris Sweetman, Director at Fair Result, responds to the Daily Mail’s latest article and aptly points out, “They should both realise the children’s interests come first and focus on that rather than showboating for the world’s press to score points off each other.”

In the midst of their separation, Joe filed for divorce in Florida in early September, aiming to ensure the case is heard under Florida state law, which favours equal time-sharing arrangements for parents in child custody cases. However, this move has ignited a broader conversation about the challenges high-profile divorces pose for children. But what should celebrities be looking out for?

Prioritising Children’s Wellbeing

Divorce is undoubtedly challenging, and it becomes even more complex when it’s played out in the public eye. Children caught in the midst of a high-profile divorce can face unique and sometimes overwhelming challenges. It’s essential for both parents to remember that their primary responsibility is to safeguard the emotional and psychological wellbeing of their children.

Private Matters, Public Impact

While celebrities may be accustomed to living their lives in the public eye, the impact of a high-profile divorce on children remains the same. Constant media scrutiny, public opinion, and the potential for one-upmanship in the press can add tremendous stress to an already difficult situation. Shielding children from this unnecessary exposure should be a top priority.

The Role of Mediation

In high-profile divorces, involving a skilled mediator can be a game-changer. Mediation offers a confidential and structured environment where both parties can discuss issues related to their divorce, including child custody and support, without the added pressure of public scrutiny. It promotes cooperation and problem-solving, which ultimately benefits the children.

Final Thoughts

In the midst of the Sophie Turner and Joe Jonas saga and similar high-profile divorces, it’s essential to remember the children’s interests. Sophie’s determination to protect her children’s connection to the UK is understandable. Her life and work are here, and the girls have a foundation in the UK. Joe should return their passports, allowing the children to settle into a life both parents once believed was best for them.

The path forward should prioritise co-parenting, with options for school holidays and visits in the United States. Recent developments indicate a temporary ceasefire, with both parents agreeing to keep their children in New York State for now.

The bitterness surrounding this situation has led many to rally behind Sophie, as women, in particular, speak out in her favour. It’s a powerful reminder that, in high-profile divorces, the court of public opinion often leans toward protecting the wellbeing of the children involved.

Amidst the turmoil, it’s essential for Joe and Sophie to remember that their daughters’ happiness and security should guide their decisions, not the desire to win a public relations battle. For the sake of their daughters,’ it’s time to prioritise co-parenting, cooperation, and their best interests.

While the media may continue to sensationalise these stories, it’s crucial for parents and society at large to continue to emphasise the wellbeing of the children involved. Remember, we must put the children first and avoid using divorce proceedings as a public spectacle for personal gain.

Read more articles by Chris Sweetman.

About Chris Sweetman

Chris Sweetman is an independent family solicitor and director of Fair Result – An award-winning law office who pride themselves on using innovative ways to help clients through the stress and complications of a marriage break down.

Chris can be contacted on 07500933818 or via email chris@fair-result.co.uk.

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The Pros and Cons of Nesting
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The Pros and Cons of Nesting

Published on
Connie Atkinson
Connie Atkinson
Partner
Kingsley Napley
Rachel Freeman
Rachel Freeman
Partner
Kingsley Napley

 

 

 

 

 

 

 

 

The recent news that Canadian Prime Minister Justin Trudeau and his wife Sophie are separating after 18 years of marriage hit the headlines not only because they are a high profile couple on the political world stage but because they intend to opt for a nesting pattern of co-parenting their three children from here on – an approach which is also growing in popularity on this side of the pond. In this article Kingsley Napley Family Law partners Connie Atkinson and Rachel Freeman explore the pros and cons of nesting arrangements for separating couples.

What is a nesting arrangement?

It is an arrangement which sees children remain in the family home while the parents take it in turns to leave and live elsewhere for short periods. A second, usually smaller, property is rented or purchased and each parent stays there when they are not in the family home with the children.  In some families, where finances permit, each parent has their own separate property where they live when they are not in the family home.

What are the pros for children?

In the right circumstances, birdnesting gives children and parents time to adjust to a separation without significant changes being imposed immediately. Children often crave stability when parents decide to split and being able to remain in their home while navigating their feelings around their parents’ separation can be helpful.

If children remain in the family home, they can maintain their routines and local friendships and remain at the same school, clubs and activities.  Children avoid having to shuttle between two homes and retain the familiar and safe space in their bedroom with all their belongings in one place.

What are the cons for children?

In reality birdnesting is only likely to work for a small number of families and in many cases only for a short period of time. Children need to adjust to the reality of their parents’ separation which includes a new home and bedroom with the other parent. In some cases the former family home is going to be sold at some point and so there will be a change of environment for children in any event. If birdnesting is attempted in unsuitable cases, it can risk creating (or sustaining) a toxic environment for children in what is supposed to be their safe space.

What are the pros for parents?

In the right circumstances birdnesting gives parents time to adjust to the separation too and avoid the need for numerous moves before buying a new home. It can also help remove the pressure of agreeing arrangements for the children immediately upon separation.

Parents might feel strongly about minimising disruption to their children, particularly if they themselves have unhappy memories of moving between two homes on divorce in their youth.

Birdnesting can save costs, avoiding the need, for example, to buy two sets of bedroom furniture, clothes, toys and books.  It might offer a solution where the parents cannot afford two family homes upon divorce; with a nesting arrangement they only need one home big enough for a parent and the children and the other property can be much smaller.

What are the cons for parents?

In reality, birdnesting is unlikely to work long term. People move on at different paces following separation and it is not unusual for the parents’ views and priorities to take different directions as time moves on, which can make birdnesting more difficult. Birdnesting also becomes much more difficult if new partners are involved or when the separated spouses find a new relationship.

A downside of birdnesting is that it does not allow parents to move on and live independent lives. This is relevant in the context of the court’s usual approach on divorce which is to achieve a clean break between the parties where possible. Birdnesting means still running one, or even two, households together with all the costs, bills, food, cleaning, chores, maintenance and other admin that that entails. There are likely to be constant reminders of a former partner, seeing their belongings around or evidence of their daily routine and habits. Depending on the size of the property, parents might also have to use the same bedroom and bathroom as their former partner which can feel uncomfortable.

Birdnesting requires a lot of communication and organisation, particularly at the beginning when emotions can be very raw.

What practical tips might help to make nesting work?

  • Explore whether birdnesting will work by discussing your intentions and the practicalities in an appropriate forum such as mediation.
  • Parents need to have maintained a positive relationship on separation and be good at communicating with one another.
  • Agree a set of household rules and responsibilities, including how to deal with food shopping, bills, repairs, and who else can be in the home.
  • Have regular meetings to consider what is working well with the nesting arrangement and whether anything needs to be changed.
  • Employ a cleaner, especially for handover days.
  • Consider how personal belongings and communications will be dealt with to ensure each parent can maintain some privacy.

According to recent research by Coop Legal Services some 11% of divorced or separated parents in the UK have tried birdnesting and in the current economic climate it may well appeal to more separating couples, to avoid the costs of running two homes large enough for the children or if the family home cannot be sold.  Every family is different and the family’s individual circumstances and dynamics will dictate whether birdnesting works for the parents and their children and for the long or short term.

Read more articles by Kingsley Napley Family Law here.

About Connie Atkinson and Rachel Freeman

Connie is a Partner in the family team and has experience of dealing with all aspects of private family work relating to both finances and children. She is recognised as a Rising Star Legal 500 UK for Family: Mediation and ranked in Chambers UK as up and coming in Family/Matrimonial. Connie also won family lawyer of the year and national private client lawyer of the year at the Private Client Modern Law Awards 2023.

Rachel is a partner in Kingsley Napley’s family and divorce team. She specialises in dealing with financial settlements and the arrangements for children arising upon the breakdown of a relationship. Rachel is recognised in the Legal 500 and the Citywealth Leaders and Powerwomen Leaders lists.

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Clients deserve quality and transparency: why unregulated firms need to be stopped.
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Clients Deserve Quality & Transparency: Why Unregulated Firms Need to be Stopped

Published on
Nicki Mitchell
Nicki Mitchell
Partner
Jones Myers

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Read more articles by Nicki Mitchell.

About Nicki Mitchell

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

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

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Tips For Settling an Amicable Divorce: Navigating With a Gentle Approach
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Tips For Settling an Amicable Divorce: Navigating With a Gentle Approach

Published on
Jennifer Bell
Jennifer Bell
Conflict Resolution Specialist

Going through a divorce can be an emotionally challenging time, but it doesn’t always have to be filled with conflict and animosity. When both parties approach the process with understanding and empathy, an amicable divorce can be achieved. In this article, we’ll explore some valuable tips to help individuals beginning or settling divorce proceedings navigate the path of separation with a gentle, happy, and clear approach. Remember, the support of a compassionate divorce attorney can make all the difference in ensuring a smooth and amicable divorce.

Communication is Key:

Open and honest communication is the foundation of an amicable divorce. Approach discussions with a willingness to listen and understand each other’s perspectives. Keep conversations respectful and focused on finding common ground, allowing you both to move forward positively.

One of the keys to successful communication during a divorce is active listening. When we truly listen to our partners, we validate their feelings and show them that their thoughts and emotions are important to us. It’s essential to set aside distractions during conversations and give each other undivided attention. Avoid interrupting, and instead, take turns expressing your thoughts and feelings. Remember that communication is a two-way street, and actively participating in the process can foster a sense of mutual understanding.

Choose the Right Divorce Attorney:

Selecting the right divorce attorney can significantly impact the tone and outcome of your divorce. Look for a lawyer who prioritises mediation and collaboration rather than confrontation. A compassionate divorce attorney can guide you through the process with care, emphasising mutual solutions and striving for an amicable resolution.

When searching for the right divorce attorney, consider seeking recommendations from friends or family who have been through similar experiences. Look for someone who has experience in handling amicable divorces and values the importance of maintaining a positive relationship between both parties. During your initial consultations, pay attention to their communication style and whether they actively listen to your concerns. Remember that a lawyer who understands the emotional aspects of divorce can provide valuable support and legal guidance.

Prioritise the Wellbeing of Children:

If children are involved, their well-being should always take precedence. Keep their best interests in mind and strive for a parenting plan that ensures a stable and nurturing environment. Co-parenting with mutual respect fosters a sense of security for the children during this transitional phase.

When discussing child custody arrangements, remember that consistency and stability are vital for children’s emotional well-being. Focus on creating a parenting plan that allows both parents to be actively involved in their children’s lives. Be flexible and considerate of each other’s schedules and commitments. If necessary, seek the help of a child specialist or family therapist to ensure the plan’s suitability for your children’s unique needs.

Practice Empathy and Understanding:

Divorce can bring up intense emotions, but try to approach the situation with empathy and understanding. Acknowledge your emotions and allow your partner to express theirs without judgment. Practising empathy can lead to more constructive conversations and pave the way for an amicable settlement.

Empathy involves putting ourselves in our partner’s shoes and trying to understand their feelings and perspectives. When conflicts arise, take a step back, and try to see the situation from their point of view. This approach can help de-escalate tense situations and foster a sense of mutual respect. By showing empathy, you can create a positive environment that encourages cooperation and compromise.

Consider Mediation:

Mediation can be an effective way to resolve disputes in a non-adversarial setting. A skilled mediator can help facilitate discussions and assist both parties in reaching agreements that work for everyone involved. Opting for mediation often reduces stress and legal expenses, making the process smoother for everyone.

During mediation, a neutral third party works with both spouses to identify common goals and explore potential solutions. Mediation sessions provide a safe space for open communication and creative problem-solving. This process allows couples to maintain control over decisions regarding their divorce rather than leaving them in the hands of a judge.

Be Willing to Compromise:

Compromise is essential in any amicable divorce. Focus on finding solutions that meet the needs of both parties, rather than trying to “win” every aspect of the settlement. Being flexible and willing to give and take can lead to a more harmonious resolution.

When discussing issues such as asset division or alimony, consider the bigger picture and the long-term benefits of compromise. Avoid getting fixated on small details that may not significantly impact your future. The willingness to compromise demonstrates a commitment to resolving conflicts peacefully, which can lay the foundation for a positive post-divorce relationship.

Protect Your Financial Interests:

Even in amicable divorces, it’s crucial to protect your financial interests. Be transparent about assets and debts, and work together to divide them fairly. Consulting with a financial advisor can provide additional clarity and ensure a stable financial future for both parties.

Before making any financial decisions, gather all relevant financial documents, including bank statements, tax returns, and investment accounts. With the guidance of a financial advisor, you can analyse your financial situation objectively and create a plan that aligns with your future goals. Additionally, consider updating beneficiaries on insurance policies and retirement accounts to reflect your new circumstances.

Take Time for Self-Care:

Divorce can be emotionally draining, so it’s essential to prioritise self-care. Engage in activities that bring you joy and relaxation, such as spending time with supportive friends and family, pursuing hobbies, or seeking professional counselling if needed.

Self-care during divorce involves nurturing both your physical and emotional well-being. Regular exercise, a balanced diet, and sufficient rest can contribute to better emotional resilience. Surround yourself with a support network of friends and loved ones who can provide emotional comfort and encouragement. Remember that seeking professional counselling can be beneficial, as it provides a safe space to process your feelings and emotions.

Keep the Future in Mind:

Focus on building a positive future for yourself post-divorce. Letting go of resentments and negative feelings can be challenging but is essential for personal growth. Concentrate on the opportunities ahead and the chance to start anew.

Instead of dwelling on the past, embrace the possibilities that lie ahead. Set new personal and professional goals, and take steps towards achieving them. Keep in mind that while divorce marks the end of one chapter, it also opens the door to new beginnings and opportunities for personal growth.

Celebrate Achievements:

As you progress through an amicable divorce, take time to celebrate the achievements you and your partner make along the way. Each step towards a fair settlement and a respectful separation is a milestone to be proud of.

Celebrate moments of compromise and successful communication. Recognise the efforts you and your partner put into maintaining a positive and respectful divorce process. Celebrating achievements, no matter how small they may seem, can reinforce the commitment to an amicable resolution.

Settling an amicable divorce requires a gentle and understanding approach, as well as a commitment to open communication and cooperation. By following these tips and seeking the guidance of a compassionate “divorce attorney,” you can navigate this challenging time with grace and positivity. Remember, putting the well-being of any children involved first and practising empathy can lead to a smoother transition and the chance for both parties to move forward with hope and happiness.

About Jennifer Bell

Jennifer Bell is a recent divorcee, conflict resolution specialist, and writer for divorce lawyers in the Philadelphia area.

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Step-by-Step Process to No-Fault Divorce in the UK
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Step-By-Step Guide to No-Fault Divorce in the UK

Published on
Chris Sweetman
Chris Sweetman
Director
Fair Results

A No-Fault Divorce is a legal procedure that enables a married couple to end their union without having to establish that one partner was at fault for the marriage’s dissolution. Therefore, neither spouse is required to present proof of infidelity, abandonment, or any other type of marital impropriety.

Understanding the no-fault divorce procedure is important for a number of reasons. For starters, it can dramatically minimise the mental stress and turmoil that is sometimes associated with divorce processes. Couples can focus on addressing issues without having to assign blame. Secondly, it can speed up the divorce process by eliminating the need for long investigations or trials to determine fault. Finally, it allows spouses to keep a sense of discretion regarding the reasons for their divorce, which can benefit all parties involved, particularly children.

Understanding No-Fault Divorce

A no-fault divorce is one in which neither spouse is legally obliged to show that the other is to blame for the dissolution of the marriage. Contrast this with a fault-based divorce, when one side is blamed for bad behaviour like infidelity or abuse. In a no-fault divorce, the couple just needs to say that their union has irretrievably fallen apart and leave it at that.

No-fault divorce, in the history of British family law, is a relatively new idea – coming into effect on 6th April 2022. Societal developments and shifting attitudes regarding marriage resulted in adjustments to divorce laws.

There are various advantages to a no-fault divorce:

  • Reduced Conflict: Not having to prove fault decreases conflict and stress between the parties, which is especially advantageous when children are involved.
  • Faster Procedure: Because there is no requirement for investigations or proof of fault, the divorce process can be expedited.
  • Privacy: Couples can keep their divorce grounds private, which can be less detrimental to their reputations and personal lives.
  • Emotional Well-being: The lessened conflict and accelerated process can benefit both parties and the emotional well-being of any children involved.

Eligibility Criteria

Before you petition for a no-fault divorce in the United Kingdom, you must first grasp the eligibility requirements. This section will walk you through the steps necessary to proceed with a no-fault divorce.

Residency Requirements

In order to petition for divorce in the United Kingdom, at least one spouse must be:

  • Resident in England or Wales, or
  • Domiciled in England or Wales if you are living abroad.

Duration of Marriage

Before you may apply for a divorce in the UK, you must have been married for at least one year.

Mutual Agreement

While mutual consent is not required for no-fault divorce, it can make the process go more smoothly. It might speed up the procedure if both parties agree that the marriage has irreparably broken down.

Grounds for No-Fault Divorce

The sole foundation for a no-fault divorce is that the marriage has irretrievably broken down. However, you are not required to present proof of any misconduct. It is sufficient to indicate that you and your spouse have disagreements that cannot be resolved.

Preparing for the Divorce Process

It is critical to be well-prepared before beginning the process of filing for a no-fault divorce. This section will walk you through the measures you should take to prepare for divorce.

Gathering Necessary Documents

Begin by gathering all of the paperwork you will require during the divorce procedure. These are some examples:

  • Marriage certificate
  • Financial documents (bank statements, tax returns, etc.)
  • Property deeds and mortgage statements
  • Documents related to any debts
  • Pension statements

Seeking Legal Advice

Even in a no-fault divorce, it is important to get legal counsel. A solicitor can assist you in navigating the process, advising you on your rights, and negotiating divorce financial settlements and child custody agreements.

Understanding the Financial Implications

Divorce can have a big impact on your finances. It’s crucial to:

  • Analyse your present financial status.
  • Recognise the costs associated with the divorce procedure.
  • Think about how your debts and assets will be allocated.
  • Make financial preparations for life after divorce.

Considering the Impact on Children and Family

If you have any children, their welfare should be your first priority. Think about how you can lessen the effect of the divorce on them. This can include:

  • Discussing the divorce with your children in an age-appropriate way
  • Making plans for their future residence
  • Ensuring that both parents are available to them
  • Taking into account their emotional needs and, if necessary, seeking counselling

Setting Realistic Expectations

Setting reasonable expectations for the divorce process is critical. Recognise that it can be both time-consuming and emotionally draining. Prepare to negotiate and potentially make compromises.

Creating a Support System

Having a support network in place can be quite beneficial during the divorce process. This could include:

  • Friends and family
  • Support groups
  • Counselling or therapy
  • Legal and financial advisors

Step-by-Step Guide to Filing for No-Fault Divorce

When you are ready, you can begin the process of filing for a no-fault divorce. Here is the divorce process flowchart & a step-by-step guide:

The Divorce Process, Step-by-Step
Divorce process breakdown flowchart.

Step 1: Preliminary Considerations and Preparations

Before filing, make sure you’ve thought about the consequences and are prepared, as outlined in the ‘Preparing for the Divorce Process’ section.

Step 2: Filing the Divorce Application

The ‘petitioner’ is the one who initiates the divorce. The petitioner must fill out a D8 divorce application form, which can be done online or by mail. You will state that the marriage has irretrievably broken down in a no-fault divorce.

Step 3: Serving the Divorce Papers to the Other Party

The other spouse, referred to as the “respondent,” must be served with the divorce papers after the application has been submitted. A copy of the application and a response form will be sent to them.

Step 4: Responding to the Divorce Application

Eight days are given for the respondent to respond to the divorce petition. They can accept the divorce or they can object to it. If they concur, the divorce is regarded as uncontested. If they can’t agree, it will be a defended divorce, which might make things more difficult.

Step 5: Negotiating Settlements and Agreements

Financial settlements, property division, and, if applicable, child custody and support, must all be agreed upon by both parties. You can accomplish this through mediation or a lawyer.

Step 6: Applying for the Decree Nisi

The petitioner may submit a decree nisi application after agreements have been reached. According to this document, there is no legal reason why you can’t get a divorce.

Step 7: Applying for the Decree Absolute

The petitioner may apply for the decree absolute six weeks after receiving the decree nisi. The marriage has been legally ended by this document. The divorce is finalised after this is granted.

Note: Attending Court Hearings (if necessary)

You might need to appear in court proceedings if the divorce is disputed or if there are problems that cannot be settled through discussion.

Post-Divorce Considerations

After the divorce is official, there are a number of things to think about and actions to take to begin your new life successfully.

Financial Planning After Divorce

Following a divorce, your financial circumstances may drastically change. It is critical to:

  • Make a fresh budget that matches your current income and expenses.
  • Bank accounts, insurance policies, and other financial products should all be updated.
  • Consider consulting with a financial professional for advice on managing finances after a divorce.

Co-Parenting Arrangements

Co-parenting will be a significant part of your life after divorce if you have children. Here are some tips for successful co-parenting:

  • Discuss the children with your ex-spouse in an open and courteous manner.
  • Keep the best interests of the children in mind.
  • Be adaptable and willing to make concessions on timing and other difficulties.
  • Consider using co-parenting applications to organise schedules, communicate, and share child information.

Updating Legal Documents

After divorce, it’s important to amend legal documents, including:

  • Your will
  • Beneficiaries on insurance policies and retirement accounts
  • Emergency contacts
  • Any powers of attorney

Focusing on Personal Growth & Wellbeing

Make the most of this period by focusing on personal development and restoring your life.

  • Setting new goals for your career, personal life, and hobbies is one example.
  • Participating in activities that provide you joy and fulfilment.
  • Consider counselling or therapy to help you go through your emotions.

How Can Fair-Result Help you Deal with a No-Fault Divorce?

Overall, divorce proceedings are complex, covering legal procedures, emotional well-being, and huge life changes. Individuals can manage this shift more smoothly if they focus on preparation, knowledge, and support. It is critical to approach the process with clarity and to seek the resources and assistance that are required.

And having the correct assistance and guidance is critical as you negotiate the difficulties of no-fault divorce. Fair-Result is here to help you get through this difficult period. So, if you require legal or financial assistance, feel free to contact our team.

More articles by Chris Sweetman.

About Chris Sweetman

Chris Sweetman is an independent family solicitor and director of Fair Result – An award-winning law office who pride themselves on using innovative ways to help clients through the stress and complications of a marriage break down.

Chris can be contacted on 07500933818 or via email chris@fair-result.co.uk.

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The importance of pet nups during divorce proceedings
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Importance of ‘Pet Nups’ Highlighted by Former Couple Ant McPartlin and Lisa Armstrong

Published on
Natasha Abel
Natasha Abel
Family Law Solicitor
Brindley Twist Tafft & James Solicitors

Former spouses Ant McPartlin and Lisa Armstrong have recently been back in the headlines – almost three years after their divorce – this time as they prepare for a fresh battle over custody of their pet dog.

While who might get to keep the pets in the event of a break-up may not be a priority discussion among happy couples, leading solicitor Brindley Twist Tafft & James (BTTJ) warns it can often be a contributory factor in bitter disputes among those who later break up.

Most importantly, any mutual decision should be formalised with an official legal document, or ‘pet nup’.

Most of us have probably made light-hearted comments at one time or another about keeping our pets in the event of a break-up. But without a formalised document such jokes can escalate into full-blown battles between former couples who have gone their separate ways.

We see pets as family and it is so easy for them to become yet another subject of dispute alongside the children, property, pensions and finances.

Once a couple has split up it is in the best interests of both parties to try to reach agreement between themselves over the welfare of a pet.

If no agreement is reached the couple may approach a solicitor who will suggest mediation or, as a last resort, court proceedings.

A pet nup is a detailed agreement between two partners which specifies who the pet lives with, who pays for the upkeep – food, vet bills, insurance and other costs, who decides on medical treatment and what will happen to the animal if the relationship breaks down.

We would always urge that an agreement is formally drawn up and legal advice is sought by both parties before signing the document. Then, if the relationship did break down, it avoids future conflict as to the welfare of the animal.

Some people are happy for their pets to live with one party during the week while the other takes care of them during holidays. Others are happy to look after the pet for half a week each.

As well as couples, pet nups are open to families and even friends who share pets. Although not yet formally recognised, law courts are still very likely to uphold pet nups if it can be proven that:

  • Both parties entered into the agreement freely
  • Neither party was under undue pressure or subject to misrepresentation
  • Both parties sought legal advice
  • Both parties intend that the agreement is final in governing future welfare of the pet
  • Both parties understand the implications of the pet nup
  • There is sufficient evidence within the document to prove that the pet nup is fair and in the interests of the pet.

About Natasha

Natasha Abel is a Family Law Solicitor at Brindley Twist Tafft & James Solicitors, where she deals with a whole range of family matters whether they are straight forward or very complex. She spends 40% of her working time on family matters and 60% of her working time on matrimonial matters.

As a member of Resolution, Natasha works in accordance with their Code of Practice to deal with matters in a constructive manner. Natasha works with her clients to provide support and explore all options including not only the court process, but other methods of dispute resolution to best suit their individual needs.

Natasha is also a member of the Law Society‘s Family Law Panel and has been accredited since 2011. Accreditations within the panel show that the individual is a specialist in their area of law.

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

Published on
Megan Bennie
Megan Bennie
Family Law Solicitor
Furley Page

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Read more articles by Furley Page.

About Megan Bennie

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

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

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

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

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

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

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No-Fault Divorce - One Year On
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No-Fault Divorce – One Year On

Published on
Peter Burgess
Peter Burgess
Founding Partner & Mediator
Burgess Mee Family Law

Contrary to critics decrying no-fault divorce for hastening the demise of marriage, we do not expect the new laws to prompt a long-term rise in the divorce rate. While the number of divorces in April 2023 was double the April 2022 figure, this was likely a temporary spike driven by couples who had been waiting to take advantage of the new no-fault provisions.

The process to apply for a divorce has been streamlined, reducing the early administrative work about who will file, and the basis on which they will do so. It provides separating couples with more certainty and less stress from the outset of their divorce proceedings, encouraging an amicable rather than adversarial approach to achieving fair financial and child agreements.

We have seen an increase in couples using mediation to agree a financial settlement and arrangements relating to their children, rather than heading to the courts, and we expect this trend to continue.

The government is also considering a significant change to the role of mediation within the resolution of disputes to make it mandatory for court users to have attended mediation, suggesting a strengthening of the current use of Mediation Information and Assessment Meetings and more judicial powers to refer into DR processes.

For a reluctant or litigious respondent to the divorce, there is certainly far less opportunity to slow the process down, because it is no longer possible to defend a divorce by objecting to the particulars of a petition.

Meanwhile, the government has recently announced a Law Commission review into the law governing financial provision on divorce. While we await the details of any proposals for reform, any change would need to be the subject of careful consideration, as the current framework provides a discretion that protects from unfair outcomes.

Read more articles by Peter Burgess.

About Peter Burgess

Peter is one of the two founding partners at Burgess Mee Family Law.

Having trained at top family law firm Withers LLP, Peter founded Burgess Mee with in 2013, where he advises on the full spectrum of family law issues across the firm’s three offices. Peter is also an FMC accredited mediator.

Get in touch with Peter today:

  • Email
  • Call on – 0203 824 9952

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