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International Child Abduction

International Child Abduction – Is Mediation Possible?

Frances Place
Frances Place runs Progressive Mediation in Bristol .

Around 500 British children were abducted and taken abroad by one of their parents in 2014. That’s double the number taken ten years ago.

Ease of travel and a growth in cross border relationships have meant that that more break-ups result in difficult decisions for separating parents.

According to Leicester based charity reunite International the number of children removed abroad against the wishes of one of their parents is far higher than the official statistics show. Last year reunite’s helpline managed in excess of 17 000 calls.

Under the 1980 Hague Convention children must be promptly returned to their country of ‘habitual residence’. Courts will not look into the rights and wrongs of a custody case, but will order the return of the child to their home country for hearings to be held there.

The unfortunate effect of this is that children who have been removed from their home country and then returned there under the 1980 Hague Convention, may then face further upheaval when their case is decided in the UK courts.

An additional problem for UK parents is that many countries where their children are taken have not signed up to the Hague Convention. So parents whose children are taken to Pakistan, India, Somalia, Nigeria or Egypt face the prospect of legal proceedings in those countries domestic courts.

In cases like this it seems extraordinary that mediation between two parents might be possible, and might deliver an agreement.  The degree of acrimony and emotion is so high, there are complicating factors of cultural difference, two legal systems and possibly two languages. Despite these complexities mediation in these cases does happen and can work.

In 2002 reunite began a pilot project to see whether mediation could be possible in international child abduction cases.

They took 80 referrals, hoping that at least 20 of these would proceed to Mediation. In fact 28 of the cases went to full Mediation. In 75% of those cases an agreement was reached. And 95% of the parents involved said they would recommend mediation to others.

reunite now employs the services of around 6 specially trained mediators, who mediate around 30 cases per year.

As well as mediating in child abduction cases they mediate with parents wishing to relocate and those wishing to arrange contact across borders. Sometimes cases come to them many years after a child has been taken abroad.

The structure of these sessions is different from a domestic family mediation. It is much more intense. Three 3-hour meetings take place over two days.

International Child Abduction
International Child Abduction – Around 500 British children were abducted in 2014

One session happens on the first afternoon, then the following day the parties concerned hold another two 3-hour sessions.

Ideally the two parents are in the same room, but because of the nature of the dispute that is not always possible, so other means such as Skype or video conferencing are employed.

As anyone who has used Skype to communicate will know, it is not always easy however, a 3 way Skype is something that reunite are now trialing.

During the mediation sessions, solicitors from the respective countries are available on the phone for consultation. The desired end result is a memorandum of Understanding agreed between the two parents which can then be transferred into a Consent Order which is mirrored in the courts of both countries.

reunite International estimates that around 70% of abductors are the child’s primary carers, usually their mothers.

Most child abduction cases never make it as far as mediation. In fact perhaps only 5 % of these cases do reach mediation. But in those that do the central issue for the left behind parent is not always the wish for a permanent return, but for contact or visitation rights.

One of the worst possible outcomes in these cases would be for a return under the Hague convention, followed by a further re-return later after disputed custody proceedings with all the attendant stress and further damage to the relationship between the parties.

That a young child might face the trauma of three forced relocations is very distressing. This is why mediation can be a very useful alternative.

It is important that any attempt at mediating in these cases doesn’t delay legal proceedings.

Under the Hague Convention a final hearing should be held within 6 weeks. reunite say that if court proceedings are being held in the UK they often schedule the mediation to happen just before the court process to save travel costs for the parent.

Costs for mediation in these cases are £1,500 for up to three 3-hour mediation sessions – £750 to be paid by each parent.

However Legal Aid for mediation is automatically available for parents making an application under the Hague Convention when the child has been brought to the UK. If the child has been taken from the UK, costs depend on the legal system of the country to which the child has been taken.

In the words of one parent who has been through mediation ‘It avoids a courtroom battle, which in this type of situation only gets you to a no win situation.’

Frances Place is a solicitor with extensive experience of family law and civil mediation. She runs Progressive Mediation in Bristol with her husband Charles Place.

http://www.progressive-mediation.co.uk

Click to Follow Frances Place on Facebook and on Linkedin 

Reunite International is a Leicester based charity specialising in the movement of children across international borders : www.reunite.org

 

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Family Arbitration UK: a Safety Measure for Divorce?

Suzy Miller of Alternative Divorce Guide

In this article, I explore how family arbitration UK could provide an element of psychological security on the bumpy road of the divorce journey.

I interviewed a range of family arbitrators about whether arbitration saves the client money, and whether the arbitrator’s decision is always enforceable by law.

As the court system struggles to keep it’s head above the rising fiscal tide, the reduced access to legal aid for court cases and ensuing explosion of DIY divorces clogging up the already overburdened courts, a long term viable solution needs to be found – and found quickly.

But isn’t it already here?

Despite some serious battles for recognition and still a long way to go to become established as the divorce option of choice, Mediation is surely the intelligent way to resolve differences of opinion during a divorce. However, the reality is that sometimes it’s necessary to agree to disagree on some issues – and that’s where an Arbitrator has such a powerful role to play.

That disagreement can be handed over to a specialist in that particular field, an Arbitrator, and their decision allows the mediation process to then continue, or be brought to a happy conclusion.

It’s a bit like when seat belts were brought in. I remember ardent Liberals complaining that enforced wearing of seat belts was denying people their right to take care of their own safety, but these days, I doubt there are many people who would rally the Government to change the law back to ‘choose for yourself’.

One day in the future, people may look back at the divorce process of our current times and marvel at how many initially amicable divorces crumbled into a fight in court, and be amazed to learn that the safety belt of Arbitration was there waiting in the wings to be used, if only the clients had fully understood it’s benefits.

Can family arbitration save clients money?

It is fair to point out that compared to getting the court forms for a divorce and going the DIY route with no complex financial issues to resolve and no disagreement, obviously Arbitration will add cost on top if you need some help in resolving a dispute and choose not to use mediation or the collaborative law process.

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Can family arbitration save clients money?

“In many cases, it will be more expensive to arbitrate, because the parties will be paying the fees of the arbitrator whereas going to court involves no direct cost once the application fee is met. Of course, you’re right to say that arbitration is quicker which normally involves less expense (time is money), but I’m not sure I’d say it’s always the cheaper option.” Alexander Chandler (Barrister & Arbitrator Chambers of Deborah Eaton QC and Philip Marshall QC).

Alexander is making a fair point about the cost of court being less than the cost of Arbitration if you only count in the court fees.

From what I can see, family Arbitration provides an excellent alternative to going to court – cheaper, quicker and possibly fairer, bearing in mind how some family court judges have far less training and expertise in family law than a qualified Family Arbitrator does.

Time is money, and Arbitration can save a great deal of time – especially compared to going to court. Arbitrators can be accessed for as little as £500 depending on which Arbitrator you choose and the required specialised experience, which is a lot less than what you will pay for barristers and court time – especially if the dispute is a complex financial issue.

The process is flexible and allows for disclosure to be provided in an efficient manner which suits the issues to be resolved rather than the “one size fits all” method which the court uses. This clearly has an immediate costs saving for all concerned. Solicitors retain their involvement throughout and they have clients who are content because they have achieved an outcome, even if it is not the outcome they wanted, without the costs and unpleasantness of the court.” Clare (Sibson) Thornton, Thornton Jones Family Law.

It’s not just the money in the divorcees pockets that could be saved using arbitration, but also the State has much to gain financially as well in reducing the time litigants spend in court by finding quicker, cheaper solutions.

“By comparison, Arbitration is quick, cheap, private and confidential and the person making the decision is an experienced family practitioner who has been through a very difficult assessment process to be admitted as an Arbitrator.” Olive McCarthy, Breeze & Wyles

Is Arbitration legally binding? Does it have any teeth?  Find out in Part 2

For more information regarding Family Arbitration, refer to the IFLA website: http://ifla.org.uk/.

Suzy Miller

Alternative Divorce Guide

 

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“Mapping Paths to Family Justice” – Happier passengers on a well trodden alternative route

Austin Chessell www.thedivorcemagazine.co.uk
Austin Chessell

It was a pleasure to attend the ‘’New Year…. …New family dispute resolution’’ evening at Farrer & Co in early January focusing on the growing client interest in non-court family dispute resolution for 2015, particularly the findings of the briefing paper ‘Mapping Paths to Family Justice.’

The full report is available online prepared by Professor Anne Barlow (University of Exeter), Rosemary Hunter (University of Kent), Janet Simpson (University of Exeter) and Jan Ewing (University of Kent).

Professor Anne Barlow presented a fascinating paper on the Report’s key findings. Of particular interest to Family practitioners will be that separating couples are increasingly preferring to settle disputes using non-court dispute resolution eg mediation, collaborative law and solicitors’ negotiations. This article picks out key points and critiques them against my own practice and experience.

The briefing paper was a three year academic research project carried out by the Universities of Exeter and Kent which started in July 2011.

It is a national study of around 7000 people which collected data from face to face and telephone interviews with people who had experience of non-court family dispute resolution from both legal aid and private clients and also practitioners.

The central aim was to provide evidence about the public’s awareness, usage, experience and outcomes of the different out of court Family Dispute Resolution (“FDR”) processes.

My caseload for the last four years inevitably includes cases that go to court, but the vast majority of my work now is non-court based. It was really interesting to hear from Anne Barlow what people’s experiences were on the different types of FDR options.

The key findings are:

  1. Gender-balanced co-mediation would address concerns about partiality. Co-mediation was useful in discussions about children disputes but co-mediation is not used often because of the costs of having another mediator present.

I think co-mediation is a good idea and I use this model where there are several indicators from the intake session towards co-mediation e.g. frequently in high conflict, high net worth cases, there are power imbalances and emotionally needy clients.

I often co-mediate with a couples’ counsellor Massy Ellesmere.

Clients seem to like having someone from a legal background and a co-mediator from a therapeutic background. A male and female mediator can help to produce better outcomes in cases where we think co-mediation would add real value to their mediation matter.

The mediators’ tasks can be divided when co-mediations take place. Having a male and female mediator in the room can provide a gender balance and set up a model to counteract any power imbalance. Lisa Parkinson, a Family Mediator, has also commented in her book “Appropriate Dispute Resolution in a New Family Justice System” (2nd Edition) that research shows male and female mediators produce fairer and more balanced agreements.

  1. Into the MIAM (Mediation Information Assessment Meeting) era, we have examples of courts ordering parties to mediate.

I am starting to receive more referrals from courts for cases which the Judge believes people should really be talking to each other about rather than litigating.

Recent court referrals have been for a children matter where the clients could not decide on how to review childcare arrangements by an hour each week or on a financial settlement case where the larger assets had been agreed to be divided at court but the household contents had not been determined and the Judge thought it would be useful for the clients to attend mediation. The clients attended one joint 90 minute session and were quickly able to decide how the house contents would be divided.

  1. Ensure that mediation clients are well prepared before they start.
Mapping Paths to Family Justice
I check with clients early on if they have sought legal advice.

This can include ensuring people are aware of what mediation is. Not a lot of people knew what mediation was before they started the process. Clients commonly learn about mediation from their Solicitor or by attending a Mediation Information Assessment Meeting with a mediator.

I check with clients early on if they have sought legal advice.

It is sometimes difficult now with legal aid being removed in a lot of Family Law areas. Legal clinics such as the Citizens Advice Bureau in Holborn provide 3 visits (30 – 45 minutes) for eligible people which can provide clients with an idea of where they stand legally and prepare them for mediation.

I discuss with clients all of the options open to them. It may be that mediation is not the right process for them, but if they know how each option works they can then make an informed decision about which process may be the best match for them.

I have an adapted Financial Statement (Form E) for the clients to complete. I try to ensure they complete the form as fully as possible and bring the level of detail of supporting documents each client requests because if there are large gaps in their Form E it can sometimes be difficult to progress a financial mediation session.

  4. The voice of the child in mediation

The Report finds that direct consultations with children in mediation rarely happen, but there is definitely an argument that the voice of children in the mediation forum and other FDR processes should be heard more often.

I am trained to mediate with children and have around 3-4 cases each year where the parents agree for me to meet with the children in a separate session and then provide them with feedback that the children want me to give their parents.

I have worked with a British parent who lives outside Europe and its three UK resident teenage sons wanted to know why the parent moved abroad at the end of the marriage and how they could re-establish contact.

I have also worked with three teenage children who had very busy school schedules and wanted to spend more time with their mother but wanted to do more outside activities rather than playing computer games which the mother used to encourage instead of physical activities.

  5.  Mediation frustrations

The Report highlights situations where mediation can break down e.g. one person not providing information, worries about being in the same room as a former partner and power imbalances.

The mediation process may not go into the same depth of financial disclosure as court, but for mediation to work the clients need to provide financial disclosure information to the other person in mediation.

If mediation clients cannot get the financial information they feel they need they may use the court process to obtain it and then return to mediation when they want to start considering financial options for settlement.

I find this is happening more often. Clients may go to court up to the Financial Dispute Resolution (‘’FDR’’) stage but then come to mediation if they feel financial disclosure has been completed and want to avoid a final hearing where legal costs can escalate.

I do some mediation cases on a ‘’shuttle’’ basis where clients are not in the same room. It is a lot slower than everyone being in the same room but in some cases it can work better. Some cases I have worked on started as a shuttle mediation and then change to the same room at the next session when the parties see progress is being made.

If there is a power imbalance e.g. one person does not have a good a grasp of the finances, a neutral third party can be introduced e.g. an Independent Financial Advisor may be present in the joint mediation sessions. Last week I mediated with a Bengali client who was not confident about his English so an independent translator attended the mediation sessions with him with the agreement of the other party.

  6.  Screening in mediation

The Report indicates things that could be done better in mediation. For example there could be better screening for abuse and conflict. A lot of people felt that there was impartiality lacking at times of screening and when there were high levels of conflict the mediator could not control things.

I tend to do my screening with the clients separately by arranging the intake sessions at different times. I know mediators who do intake sessions with the clients together and then see the clients separately for the screening for part of the session, but I want the client to feel comfortable to talk to me without the other person being in the room with them.

  7.  What could be done better?

The Report looks at providing counselling or other therapeutic methods to support people who may be emotionally vulnerable.

Many divorcing clients obviously describe this as a very stressful time. Referrals to a counsellor need to be made sensitively. Some of my clients see counselling as a weakness. Others have attended counselling and found it very useful.

For example a client had a young daughter in Scotland and was unhappy about having contact in a hotel and not at her home and wanted to talk through how she felt with a counsellor. After the sessions the client explained she felt a lot calmer and in a better place. I am quite lucky in that I am a member of the Collaborative pod group (Essex Family Solutions) where there are three to four counsellors who regularly attend this pod. You can get to know the counsellors quite well so when a referral is made you are confident that the client will be treated sensitively and get on with the counsellor.

Conclusion

If you are interested or work in the Family Law or Family Mediation field the Report is well worth a read.  I found it useful to see what feedback clients have provided about the different forms of FDR.

This Report and the subsequent discussions with fellow delegates at the Farrer & Co event made me reflect on my own practice and how I can continue to improve my service to clients in each of the out of court options. Judging from the comments of the majority of the delegates I spoke to, fees are a significant factor in clients’ decision making and deciding which option to use when separating from a former partner and mediation can be one of the more cost effective options to use. However, clients needs to understand how mediation works before deciding if it is the right option for them.

Austin Chessell is a Child and Family Mediator at FAMIA (www.famia.co.uk). He is also a Collaborative Family Solicitor at Feltons and a member of the Collaborative pod group Essex Family Solutions.

family mediation

Can Family Law Arbitration be The White Knight of a Tricky Divorce ?

Suzy Miller of Alternative Divorce Guide

Should more mediators be paying attention to family arbitration?  It has after all been shown to quite effective in the US and Canada and is known to be able to rescue a mediated divorce from crumbling into a nasty expensive court battle.

My interest in finding out more about family arbitration was originally sparked by a conversation with New York Mediator Ken Neumann, who described how useful arbitrators could be in un-sticking a mediation process. “Sometimes,” he explained to me, “the couple can’t agree on one issue, and they just want someone else to decide for them.”

Family Arbitration is the new kid on the block in the family law community in England and Wales, and the potential benefits to divorcing clients are immense. An excellent talk given by UK Arbitrator Mena Ruparel convinced me that the rise of family arbitration in the UK was a cause worth supporting.

I made contact with several Arbitrators and to my surprise, received a cascade of responses! I was struck by the obvious passion and enthusiasm for arbitration amongst a wide range of family law professionals who have qualified as family arbitrators, ranging from barristers, mediators and collaborative lawyers. I include their contributions in the following articles, with thanks.

What is family arbitration for?

According to Nadia Beckett of Beckett Solicitors, “Arbitration is a fantastic tool for resolving issues where there is an agreement on most things but perhaps just one sticking point. However it can also be used where no agreements have been reached.”

Solicitors and mediators should understand the importance of family law arbitration and should always consider it as an option for their clients. As the courts grind to a standstill through financial cuts, the withdrawal of most legal aid and years of under-funding, it is becoming increasingly difficult for separating couples to resolve their issues quickly and efficiently.

Arbitration is flexible. It can be used by litigants who are legally represented and those who are not. It can be a lot less formal than going to court and it can be used to resolve a single financial issue or all financial issues.

There is still a degree of ignorance amongst solicitors, barristers and mediators about FamilyArbitration and a mistaken view that Arbitration is just for rich people.

That is not the case and ultimately it can actually work out cheaper than going to court as the parties have much more control over the process. Unfortunately family Arbitration cannot be used to resolve disputes over children.”

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Family arbitration can actually work out cheaper than going to court.

Suzanne Kingston, Family Partner at Withers LLP, spearheaded the Family Arbitration course in England and Wales and has been involved in training all of the family arbitrators to date.

She believes that arbitration is likely to become more prevalent than ever due to the problems with the current court system.

She advocates considering arbitration as an alternative and suggests thinking about this at the beginning and part-way through a case to ensure that clients are given every available opportunity.

 How could family arbitration come to the rescue of a non-adversarial divorce process?

It can save a family mediation from failure when one or two stubborn issues remain. The Arbitrator can be instructed just to resolve those remaining points over which the parties have agreed to disagree. The unpleasant conflict of a court case is thereby avoided, the settlement remains one achieved in a consensual manner. David Walden-Smith MCIArb, Barrister & Family Arbitrator

In other parts of the world, including the United States and Canada, when family mediation process founders an arbitrator is brought in, if the couple wish it, to resolve the disagreement for them.

This is also how it can work here – but currently not enough solicitors are informing divorcing couples adequately of this option.

Should family mediation prove unsuccessful, for instance, instead of ending up in court a divorce arbitrator could help unravel that single sticking point and quickly (compared to waiting months for a court date).

Unfortunately (in my opinion) this move towards working with a divorce arbitrator is only possible in the case of an unsuccessful mediation process but not in the case of an ineffectual Collaborative Law process.

Family arbitration
Instead of ending up in court family arbitration could help

Even if a financial planner gives clear advice on how a pension could be split or the division of property assets, it may be that the parties would like an adjudication from the arbitrator who will write their award and make a legally binding decision.

The arbitrator can also deal with discrete elements of a case so if there is a mediation where there is one issue that needs to be resolved, this can be referred to arbitration keeping the rest of the agreement in tact.

It would seem sensible for McKenzie Friend’s to acquaint themselves with the benefits of arbitration to provide a much needed resource for couples whose usual choice may be to go to court without representation from a lawyer. However there seems to be a reluctance at this early stage to encourage self representing litigants to consider arbitration as an option en masse.

And how will divorcing and separating families in general get to know about family arbitration as an option? It seems that it will rely on solicitors sharing the good news. And there’s the rub.

Nigel Shepherd of Mills & Reeve LLP states, “On arbitration, I remain of the view that the key market for some time to come is going to be family law professionals, but that is certainly intended to include mediators. 

Whilst the advantages of the scheme in terms of speed, flexibility and confidentiality etc are easy to convey, the details of exactly how the scheme works (interaction with court, restrictions on involving third parties etc) are rather more esoteric and the main task to date has been to try to get mainly lawyers to understand these issues and indeed to recognise that it isn’t mediation or collab.”

So it seems to me that family arbitration could well be the White Knight who charges in at just the right moment to save the family mediation damsel from being gobbled up by the dragon of a courtroom divorce battle, rescuing the family from all the additional costs and misery of a full scale adversarial divorce.

But will the news about this new tool in the divorce toolbox be able to get through the castle gates if the drawbridge is kept locked and bolted, because solicitors and the public remain largely oblivious to it’s benefits?

For more information regarding Family Arbitration, refer to the IFLA website: ifla.org.uk

 

Suzy Miller

Alternative Divorce Guide

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Divorce Mediation vs Collaborative Law

 

Suzy Miller www.thedivorcemagazine.co.ukInterview by Alternative Divorce Guide Suzy Miller with Mediator and Collaborative Lawyer Kim Beatson of Anthony Gold Solicitors

 

What is the best way to go through divorce?

As the Alternative Divorce Guide I often get asked if my role is to guide people back into their marriage, and away from divorce.  I explain patiently each time that people need to be allowed to make their own decisions about whether they divorce or not – all I do is to wave the flag for doing it in a way that doesn’t destroy their family, even though that family is now changing it’s form.

Collaborative Divorce and Divorce Mediation are both roads that lead away from the courtroom, but some may see them as in competition.  One includes lawyers by the sides of the divorcing couple, and the other relies on an impartial Mediator (sometimes more than one) helping the couple to create their own settlement and plan a new future.

Mediator and Collaborative Lawyer Kim Beatson of Anthony Gold Solicitors is experienced in supporting couples through divorce, and knows that the choice of dispute resolution method is a very personal one:

“I would say to anyone: ‘Here is my options leaflet, giving you the choices of MediationCollaborative Law, lawyer-led mediation or the court system. It’s your choice. Think about those options carefully.’”

 

Why don’t people know more about it?

What continually shocks me is that so few members of the public have ever heard of Collaborative Law, let alone know what it means.  Kim explained to me why this is the case:

family mediation vs collaborative law
Kim Beaston

“Mediation awareness was funded by the government for a time, and Divorce Mediation has been around in the UK since the mid 80’s. Collaborative law has only been around in the UK since 2003.  The main people who have to take responsibility for the fact that the public are mostly unaware of Collaborative Law, are the lawyers. Most clients still come to lawyers as the gate keeper, and the onus is on the person taking those initial telephone calls and making those appointments to let them know that court is the last resort, and that there are preferred resolution options.  That is what I am trying to make sure happens in my own practice at Anthony Gold Solicitors.”

 

What happens if you’re not legally married?

Having gone through family change having not been legally married, I am fully aware of the lack of legal rights for cohabiting couples to protect them if the relationship fails.  This is why I am so persistent in spreading the word of dispute resolution, as a court-based approach is even more unsatisfactory for such couples as it is for those who are legally married.

With the increase in people not getting married and then breaking up post-children, I asked Kim why those couples need to become more aware of the choices open to them:

“Dispute resolution processes, whether Mediation or Collaborative, can be very useful for couples who separate having been cohabiting and who are not legally married. In this country people do not always realise that they have few rights for themselves which can be very unfair after a long relationship with children, with career and pension sacrifices.

So Mediation and Collaborative Law are perfect forums for dissolving that sort of relationship because the importance for both parties is that they are bringing their idea of fairness to the table.  They are not trying to emulate the court system and the uncertain outcome that could be achieved.  They are able to set the agenda and create their own solution to their family dispute.”

 

Does Dispute Resolution make business sense for law firms?

A phrase I often hear is: “Ah, well, law firms don’t want to encourage Mediation and Collaborative Law because they make more money from adversarial processes”.  However, I personally believe such views are very short-sighted, and I brought this question up during my interview with Kim: “I think there is a sound business model for all forms of dispute resolution.  It’s good for the client, but ensures a good cash flow for the professionals as it’s so much quicker than remuneration from court-based cases.

So there is every reason for regarding it as a complementary practice, and it creates a much more authentic solicitor-client relationship if you are not only able to offer clients the most expensive option – that of going to court.”

 

What does the future hold for dispute resolution?

My own belief that lawyers are going to lose their status as the gatekeepers to divorce is not always a popular one with divorce solicitors, but Kim had some thoughtful insights into how Dispute Resolution is evolving in the UK:

“I think this government has missed an opportunity with Mediation with no further funding to support the encouragement for clients to use MIAMS.  Solicitors and all family law professionals are responsible for getting the word out there for all forms of dispute resolution, and for encouraging the client to access them. It is an accident that family lawyers are dealing with finance and parenting arrangements during family breakdown.  So we have to be quite humble about the power of our roles. Research does show that clients prefer independent financial advice and having their own independent lawyer.

But I think there will be a day when couples enter the separation process through a variety of services and that family lawyers really should not to take it for granted that they are necessarily the best person to deal with every aspect of the divorce process, or that they should be the natural gatekeepers to divorce.”  

 

Kim Beatson: Mediator & Collaborative Lawyer

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Is Conscious Uncoupling actually Mediation Process?

Ann Corrigan founder of Clarity Family Law
Ann Corrigan founder of Clarity Family Law

Conscious uncoupling – a la Gwyneth Paltrow – may not just be psychobabble fashionable with offbeat celebs, but actually sits well with mediation and other ways of separating without going to court.

Using the term used by Gwyneth to announce her separation from Coldplay lead singer Chris Martin last month, could be a step in the right direction for couples looking to take the sting out of a divorce, particularly when children are involved.

Conscious uncoupling – suggests an amicable split and a desire to continue co-parenting without the anger and bitterness usually associated with divorce.

Being a qualified mediator, I think that this idea is not that far removed from family mediation – which enables the parents to take control of their own arrangements and agree on a way forward.

Legal changes coming into effect on 22nd of April – actually strengthen the requirement for separating parents to attend a family mediation information and assessment meeting before starting divorce proceedings.

Mediation is actively encouraged, because it’s seen as a ‘nicer’ way of getting divorced, for all the parties involved. It also speeds up the process considerably and is less likely to result in drawn-out court cases. Not all divorces are suitable for family mediation, though, for example if there are concerns about the ability of a parent to look after his or her children or there are complicated financial issues which one party doesn’t fully understand.

How the family mediation process works in practice – A Case Study:

Mark and Louise are a couple in their early 20s.  They have a son, Ryan who is 4 years old.

Mark and Louise never married but were together since they were both 17 years’ old.  The relationship has broken down because Mark has met someone new and has moved out of the home he shared with Louise.  Ryan continues to live with Louise and she is not allowing him to have any contact with his dad.  Mark is sure that this is because Louise is upset that Mark has a new girlfriend.

CONSCIOUS UNCOUPLING
Louise would not allow Ryan to have any contact with his dad.

Having discovered how long it will take to have the matter dealt with by the Court and how expensive it might be, Mark asks Louise to come to family mediation.  Mark has not seen Ryan for 3 months.

At first Louise is adamant that she is not being difficult and that Ryan himself is saying he does not wish to see his father.

The mediator starts by writing Ryan’s name in big letters on the flipchart for both to see.  This way, they can concentrate on the reason they are in mediation – to do what’s best for their son whom they both love dearly.

Although Louise wishes to confront Mark about how hurt she feels, the mediator brings the discussion back to Ryan and on what they both really want for him.  Various options are explored and the mediator helps Mark and Louise to see that if they can both continue to be parents to Ryan in a co-operative way, their child is bound to benefit.

Louise is unhappy at the thought of Ryan meeting Mark’s new partner and Mark agrees that he will not introduce his new girlfriend to Ryan until Louise agrees.

It is also agreed that Mark should see Ryan at his mother’s home each weekend on either a Saturday or a Sunday for a period of two months.  This way, Ryan will continue to see his paternal grandparents, which Louise agrees will be good for him as he misses them. It is also agreed that if after the two month ‘trial’ period, all is going well, Mark can have Ryan to stay overnight with a view to building up the time he spends with Ryan.

The mediator reinforces that Mark and Louise are Ryan’s parents and as such, they are the best people to make decisions concerning his welfare.

By the time they leave the first session, Mark and Louise have agreed a timetable for contact going forward and the mediator explains that this agreement will be reduced to writing in a “Memorandum of Understanding” but that if they encounter difficulties along the way, they can return to family mediation at any time.

Ann Corrigan

Follow Ann on Twitter – @ClarityFamily

@ClarityFamily

 

When One Household Becomes Two: The Retirement Crisis Hidden Inside Divorce
Cropped closeup focused image. Savings concept. Caucasian old elderly senior grandparents couple husband wife spouses putting coin into moneybox, economy for nest egg, pension, mortgage loan at home
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When One Household Becomes Two: The Retirement Crisis Hidden Inside Divorce

Sarah Hawkins
Sarah Hawkins
CEO
National Family Mediation (NFM)

Every September, Pensions Awareness Week encourages us to think about our future. We are reminded to check our pension statements, review our retirement savings and ask ourselves whether we are putting enough aside to enjoy the retirement we hope for.

They are important conversations, but I believe we are overlooking another one.

What happens to those carefully made retirement plans when a marriage ends?

At National Family Mediation, we are seeing a growing number of people in their fifties seeking support as they navigate separation. Around one in ten enquiries we received between April 2025 and March 2026 came from people aged over 50. That tells me something important. Later-life separation is no longer a niche issue; it reflects the changing reality of modern family life.

I’ve never been particularly fond of the phrase “grey divorce”. It conjures images of couples quietly separating after retirement, with grown-up children, mortgage-free homes and relatively straightforward finances.

That simply isn’t what we see.

Today’s fifty-somethings are often still paying mortgages, helping children through university, supporting adult children who cannot yet afford to leave home and, increasingly, caring for ageing parents. Many still have another ten or fifteen years of work ahead of them. They are making decisions about school fees, university costs, housing and day-to-day household finances long before they are thinking seriously about retirement.

Those immediate pressures naturally dominate conversations when relationships break down.

People come to mediation to work through the practical realities of separation: what happens to the family home, how ongoing financial commitments will be managed, whether children can still be supported through education and how both people can move forward on secure financial footing.

Pensions are rarely the first thing people mention.

Yet once the wider financial picture is laid out, they quickly become one of the most important parts of the conversation.

For couples over 50, pensions form part of almost every financial mediation we facilitate because they sit alongside housing, mortgages, savings, investments and debt as part of a complete financial settlement. By this stage of life, a pension is often one of the largest assets a couple has accumulated, sometimes worth more than the family home itself.

The irony is that while retirement may still feel years away, this is often the point at which pension decisions matter most. After decades of saving, pension pots have had time to grow, but they are rarely equal.

Career breaks to raise children, periods spent caring for relatives, part-time working, differences in earnings and, for some families, disruption to careers during the pandemic have all influenced how much people have been able to save. That means pension wealth can vary significantly between partners, making it one of the most valuable – and often most misunderstood – assets to consider.

Looking only at today’s financial pressures can mean overlooking the asset that will shape tomorrow’s financial security.

The full new State Pension is currently worth just over £12,500 a year, and not everyone will receive that amount. Entitlement depends on an individual’s National Insurance record, meaning career breaks, caring responsibilities and periods of part-time work can all affect what someone ultimately receives.

Even for those entitled to the full amount, the State Pension alone is unlikely to provide the retirement most people would hope for. According to the current Retirement Living Standards, a single person now needs around £13,900 a year simply to achieve a minimum standard of living in retirement, while a two-person household requires around £22,500. Those figures represent a basic standard of living rather than a comfortable one.

Meanwhile, the wider outlook for retirement is becoming increasingly challenging. Pensions UK estimates that one in five workers is projected to fall short of even the minimum Retirement Living Standard. The FCA says that around 2.8 million people are carrying persistent credit card debt, while it’s 2024 Financial Lives Survey found that more than 3.8 million retirees worry that their money will not last throughout retirement.

We are also living longer. The ONS says that a woman reaching the age of 65 in the 2030s can expect to live until around 89, while a man can expect to live to around 87. Many more people will live well into their nineties, with growing numbers celebrating their 100th birthday. Longer lives are something to celebrate, but they also mean retirement savings need to stretch much further than previous generations ever imagined.

Housing is changing too. Pensions UK projects that by 2030, more than one in ten people aged over 65 will be living in privately rented accommodation. For many, retirement will no longer mean living mortgage-free in a home they own outright. Instead, it may involve paying rent alongside rising energy bills, higher food costs and all the other financial pressures that have become familiar during the cost-of-living crisis.

Taken together, these trends paint a sobering picture. Retirement security is becoming harder to achieve at precisely the moment when later-life separation is becoming more financially complex.

Nobody likes the thought of sharing a pension they have spent decades building. That is entirely understandable. People have worked hard, contributed throughout their careers and naturally want to protect the future they have planned.

But perhaps there is another question worth asking.

Most people also do not want someone they once loved to spend retirement worrying about whether they can afford to heat their home, pay the weekly food shop or cope with an unexpected bill. This is not about suggesting that every pension should be divided equally or that one person should sacrifice their own future for the other. Every family is different, every financial picture is unique and every settlement should reflect those circumstances.

What matters is that decisions are made with a full understanding of their long-term consequences.

Too often, pensions are traded against other assets without fully appreciating what they represent. Keeping a greater share of the equity in the family home may feel like the better outcome today, but twenty years later it may be pension income – not bricks and mortar – that determines whether someone enjoys financial independence or faces financial insecurity.

That is why mediation has such an important role to play. It creates the space for practical, informed conversations about the whole financial picture, including pensions, property, savings, mortgages, investments and debt. Rather than focusing solely on who gets what, mediation helps couples understand the implications of the choices they are making so they can reach fair, informed agreements that give both people the best possible chance of financial security in later life.

These conversations are rarely easy, but they are essential. Every pound spent on unnecessary conflict is a pound that cannot be invested in retirement, housing or supporting the next generation.

For years, we have encouraged people to save more for retirement, and rightly so. But perhaps Pensions Awareness Week should also remind us that protecting our retirement is about more than increasing our pension contributions. It is also about making informed decisions when life takes an unexpected turn.

We cannot change the housing market. We cannot immediately reverse the cost-of-living crisis. We cannot stop people living longer, nor should we want to. What we can do is ensure that when relationships end, people understand the long-term financial consequences of the decisions they make.

If we are serious about tackling pension insecurity, we need to recognise that later-life divorce is no longer simply a family law issue. It is increasingly a retirement planning issue too.

Divorce marks the end of a relationship, but it should never become the beginning of avoidable financial hardship in later life. If this Pensions Awareness Week encourages separating couples to understand the true value of their pensions before making life-changing decisions, it will have achieved something that benefits not only today’s families, but the society we are all growing older in.

Read more articles by Sarah Hawkins.

About Sarah Hawkins

Sarah Hawkins is the CEO of National Family Mediation (NFM), the largest provider of family mediation services in England and Wales. A passionate advocate for conflict resolution and family wellbeing, Sarah has over 20 years of experience helping families navigate the emotional and legal challenges of separation and divorce.

📍 www.nfm.org.uk | 📧 info@nfm.org.uk | 📱 @FamilyMediationNFM

Why Proposed Reforms are Vital to Financially Protect Cohabiting Couples
Happy young couple moving to new house together.
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Why Proposed Reforms are Vital to Financially Protect Cohabiting Couples

Katie Jennings
Katie Jennings
Solicitor
Jones Myers

Jones Myers niche family law firm  has been at the forefront of ongoing campaigns to overhaul outdated cohabitation laws which currently do not give couples living together legal protection or rights if they split up.    

This is a far cry from the situation with married couples, who, on separation, are safeguarded in crucial areas such as savings, income, pensions, property, business interests, and their children’s future.

We therefore embrace proposals at the heart of a Government consultation which seeks to protect cohabitants who are parting ways in areas including financial remedies – and in situations when one of them dies without leaving a will.

As a specialist family law firm we are frequently instructed by clients – who have been cohabiting and are unmarried or in a civil partnership – and who are unaware that they have no automatic rights to their partner’s property or savings when their relationship breaks down.   

The current situation can cause even more uncertainly when there are children from the relationship. 

As we await the outcome of the proposed changes, we suggest that cohabitees in this situation  obtain advice about their protections under the law – ideally before they move in together – or at any stage of their cohabiting relationship. 

More couples are entering into Cohabitation Agreements which set out how financial matters within the relationship will be managed . The contracts are especially useful documents in circumstances where people already own assets in their sole names or have made purchases with contributions from parents or from inheritance. They provide an essential roadmap for them to follow should they split up.  

It is important that each party seeks independent legal advice and discloses all financial information in the lead up to signing the agreement, which should be reviewed regularly.

Entered into correctly, a cohabitation agreement is legally binding and can be used as the framework for a Prenuptial Agreement should marriage be on the cards. 

Jones Myers is committed to helping our clients navigate these issues, whether through our team of specialist family lawyers or through our experienced mediation practitioners. 

More on the Government consultation, which closes on August 14, can be found here.  

For queries on cohabitation agreements or any areas of divorce and family law, call 0113 246 0055 (Leeds) 01423 276104 (Harrogate), 202550 (York). Visit www.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet @helpwithdivorce

Jones Myers blog is ranked 5th in the 20 Best UK Family Law Blogs to Follow in 2026.

Read more articles by Jones Myers.

About Katie Jennings

Katie is a member of Jones Myers’ award-winning Divorce and Financial Remedies Department. A family law specialist skilled in litigation, Katie is also a family mediator currently working towards accreditation with the Family Mediation Council. 

Committed to reaching solutions which avoid going to court, Katie was drawn to Jones Myers’ standing as  a leading niche family law firm with a focus on resolving relationship breakdown through non-confrontational routes. Katie is based at the York city centre offices of Jones Myers at The Quadrant, Bootham Row.   

No-Fault Divorce Doesn’t End Everything: Why You Still Need a Financial Consent Order
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No-Fault Divorce Doesn’t End Everything: Why You Still Need a Financial Consent Order

Sarah Hawkins
Sarah Hawkins
CEO
National Family Mediation (NFM)

This article is for informational purposes only and does not constitute legal advice.

When no-fault divorce came into effect in England and Wales in April 2022, it was seen as a much-needed shift toward a more respectful, less confrontational way to end a marriage. And for many couples, it has delivered on that promise—removing blame and encouraging a more constructive path forward.

But here’s the catch: while the legal end of a marriage is now simpler, financial separation is often left unresolved. This misunderstanding can lead to serious complications down the line.

The Common Misconception: Thinking Everything’s Already Settled

With the ability to complete a divorce online in just a few steps, it’s easy to assume that everything—money, property, pensions—is automatically taken care of, especially when the split is amicable.

It’s not.

“A divorce legally ends a marriage, but it doesn’t end the financial relationship between ex-spouses.” – Sarah Hawkins, CEO, NFM

Unless you obtain a court-approved financial consent order, either party can make financial claims in the future—even years after the divorce is finalised.

What Happens Without a Financial Consent Order?

At NFM, we regularly see people return to mediation long after their divorce, unaware that their financial ties were never legally closed. The consequences can be significant:

  • A house purchase falls through when a buyer realises their ex could still have a claim on the equity.
  • Retirement plans are disrupted by surprise claims on pensions
  • Second marriages become legally complicated due to unresolved financial obligations

Without a consent order, your financial past may unexpectedly resurface.

What Is a Financial Consent Order?

A financial consent order is a legal document that formalises the financial arrangements you’ve agreed with your ex. Once approved by a judge, it becomes legally binding and prevents either party from making further financial claims.

You don’t need to go to court in person to get one—but you do need to go through the right process. And while it’s often associated with disputes, it’s just as important when both parties are in full agreement.

Making It Legal: Your Options for Getting a Consent Order

Mediation is often the best starting point, especially for couples who want to avoid unnecessary conflict or legal costs. It helps both parties reach a fair agreement in a calm, structured setting.

Once an agreement is reached, there are several ways to make it legally binding:

  • Do it yourself – If you agree on everything and feel confident managing the paperwork, you can draft your own consent order and apply to the court for approval. Guidance is available on the GOV.UK website.
  • Get legal advice – A solicitor can review or help draft the order to ensure it’s fair and likely to be accepted by the court. Judges can reject a consent order if they suspect one party may have been disadvantaged.
  • Use a solicitor service – At NFM, we offer NFM LegalEyes, a service that connects clients with qualified solicitors who can prepare the consent order – leaving you just needing to submit to Court.

How NFM LegalEyes Works:

  1. You agree on how to divide finances through mediation.
  2. A solicitor drafts the consent order and completes the required paperwork.
  3. You submit the consent order
  4. If the judge finds it fair, the order is granted—and your financial arrangements are legally finalised.

Help with Costs: Legal Aid and the Mediation Voucher Scheme

Worried about costs? Support is available.

  • Legal Aid is still available for family mediation for those who qualify.
  • The government’s Family Mediation Voucher Scheme offers up to £500 toward mediation costs for separating families with children.

These schemes make it easier for families to access professional help early—often avoiding more expensive issues later on.

Why Mediation Still Matters—Even with No-Fault Divorce

Some assume that because no-fault divorce removes the need to assign blame, mediation is less important. The opposite is often true.

Mediation:

  • Encourages calm, cooperative conversations
  • Helps you focus on what’s best for your children
  • Reduces long-term legal and financial risks
  • Leads to more sustainable, tailored agreements

“Most people going through divorce simply want to move on—securely and with dignity. That means more than ending a marriage; it means drawing a clear legal line under the relationship.” – Sarah Hawkins

Final Thoughts: Don’t Leave Loose Ends

No-fault divorce has simplified one part of the process. But it’s just as important to bring financial clarity and closure to your separation.

If you’ve already divorced without a financial consent order, it’s not too late—you can still apply for one. If you’re just starting out, make sure it’s part of your plan.

Ending a marriage should include ending financial ties—formally, fairly, and for good.

About Sarah Hawkins

Sarah Hawkins is the CEO of National Family Mediation (NFM), the largest provider of family mediation services in England and Wales. A passionate advocate for conflict resolution and family wellbeing, Sarah has over 20 years of experience helping families navigate the emotional and legal challenges of separation and divorce.

📍 www.nfm.org.uk | 📧 info@nfm.org.uk | 📱 @FamilyMediationNFM

Doing it For the Kids: Co-Parenting Strategies For the New Year
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Doing it For the Kids: Co-Parenting Strategies For the New Year

Emma Alfieri - Co-Parenting
Emma Alfieri
Legal Director
Greene & Greene Solicitors

Following separation, often parents start the arrangements for their shared children without much of a plan whilst the family settle into their new situation.  Sometimes parents might adjust the arrangements over time until they can settle into a routine that suits the family.

Sadly, and often where there is poor communication and the co-parenting relationship is not a strong one, the arrangements later breakdown.

Cafcass, the Children and Family Court Advisory and Support Service say that if children experience poor inter-parental relations or do not know when they are next seeing the other parent, they are more likely to worry, especially if there are long gaps between visits without an explanation.  Therefore, it is important for separated parents to always put the children’s needs first, despite any differences with their former partner.

As a family lawyer, I am often approached by separated parents who seek to regulate the arrangements between them and the other parent.  Before considering Court intervention, there are a number of tools available that can help separated parents to co-parent more effectively:

  • A Parenting Plan – Parents can work together and formulate a Parenting Plan, which is a plan negotiated and agreed between the parents setting out what the arrangements for the child / children will be. For a free Parenting Plan template, visit: www.planningtogether.cafcass.gov.uk/plan
  • Parenting App – Where there is conflict between parents, and they struggle to communicate, a Parenting App should be considered. There are many free and paid Parenting Apps available, and the idea is that the App is used by the parents for discussion about the children only, and it can include things like calendars, ability to make audio and video calls, share expenses, make payments and maintain a secure text communication with the other parent.   Feedback from parents who have tried this have reported that limiting communication to an App has been helpful.
  • A parenting course. Attended alone or together, a parenting course can be a useful way for parents to gain insight about positive co-parenting and the benefits to the child / children. The courses usually consider how parents can effectively communicate and work together with the other parent to agree co-parenting arrangements without the need for Court intervention.
  • Mediation – If separated parents cannot agree the arrangements for the child / children, then they should consider Family Mediation. This is a process in which an independent professional trained Mediator helps the parents work out the arrangements for the children. The Mediator will help to try and find a solution which works for both parents.  The process is less stressful and significantly quicker than going to Court, and Mediators work with separating parents in ways that are flexible.  If separated parents do not want to be in the same space, then often remote Mediation sessions can take place.
  • Child Inclusive Mediation – This is a structured process which is suitable for older children where a qualified family mediator speaks to the child / children to ascertain their wishes and feelings. Where the children give permission, these wishes and feelings are then shared by the mediator with the parents in a separate feedback meeting. The parents can then use this information to agree the child arrangements moving forwards.

Conclusion

The risk to a deterioration in the child / children’s emotional wellbeing and mental health increases significantly where separated parents have a high level of conflict between them.  Therefore, separated parents are encouraged to consider how they can try and work together and communicate.

Remember that as children get older, often their needs will change. Therefore, when arrangements for children are made when children are very young, sometimes those arrangements could have a limited shelf life and later need to be reviewed – another reason to try and remain amicable with the other parent, where possible.

This is only intended to be a summary and not specific legal advice.

Read more articles by Emma Alfieri.

About Emma Alfieri

Emma Alfieri is a Legal Director at Suffolk firm Greene & Greene Solicitors.

Emma advises on all aspects of family law, including divorce and associated financial matters, disputes between cohabitants and child related disputes.

A member of Resolution, Emma is committed to resolving disputes as positively and agreeably as possible whilst also being motivated to obtain the best possible outcome for her clients.

Since 2012 Emma has been consistently recommended by the Legal 500 on an annual basis and in the most recent 2024 edition Emma is ranked as a “rising star”.

As an advocate of fault free divorce, Emma lobbied at Parliament with other members of Resolution in 2016 to bring about the recent changes to divorce law.

Understanding Grief in Divorce.
Images supplied by The Divorce Magazine.
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Understanding Grief in Divorce – TDM Expert Interviews

Karen Omand BASoc BAThan CT
Karen Omand BASoc BAThan CT
Co-Founder
Divorceworkshop

Introducing the latest transcript blog featuring an insightful interview with Karen Omand, a grief expert who specialises in helping individuals navigate the emotional complexities of divorce. In this heartfelt conversation, Karen shares her profound understanding of grief and how it can manifest before, during, and after a marriage ends.

Join us as we explore Karen’s expert perspective on the stages of grief, its unique challenges in the context of divorce, and how to move forward with compassion and resilience.

Read on for the full transcript of our interview, “Understanding Grief in Divorce.”

 

[Music]

Hello everybody, thank you so much for joining us once again on The Divorce Magazine which is very much a magazine, an online magazine for people going through divorce. If you haven’t seen us yet try us on YouTube, we’ve got a LinkedIn page as well, we’ve got Pinterest, we’ve got um, Twitter which is well, X which is to be Twitter, so you can find us on there and loads of articles on our website, The Divorce Magazine.co.uk um, so go on there see what you can find. We’ve got everything divorce, whether it’s legal, whether it’s um, psychological, whether you’re looking for counselling, family mediation, we have all of that on the divorcemagazine.co.uk.

One of the things I like to say about the magazine is that um, the articles that you find on there are all written by professionals. So we don’t have bloggers who write for us, it’s all professionals, qualified people who write except for those who write from an angle where there’s their own experience of divorce and how they managed it or um, separation. So do join us and see what you can find then hopefully, not hopefully, I think you will find that it’s quite helpful um, as it is you’ll find something there, if not let us know and then we will add something on there for you.

So my name is Dr Soila Sindiyo, I’m the Founding Editor of The Divorce Magazine and um, today we have Karen Omand who’s um, actually from Canada, so we have people from all over and on The Divorce Magazine, and Karen holds um, degrees in sociology and thanatology, she’ll tell us what that is in a moment, and she has lived experience of living through um, an abusive marriage and uh, subsequently a very high conflict divorce.

Focussing on the often overlooked realm of grief and divorce she co-founded The Divorce Workshop in 2021s with her colleague Kirk Mosna where, where they’re aiming to empower those on the divorce journey. As a certified grief counsellor, and divorce specialist, Karen advocates for greater awareness of grief in divorce, aiding both recovery and pre-decision Detachment. She’s the co-author of The Divorce Workbook which will be coming out this Autumn, so look out for it and um, at the end of the interview, Karen will tell us where, you can find the Divorce Workbook once it’s out. So welcome Karen!

Oh thank you for having me on, it’s a pleasure. Um, thank and thank you so much I have to say that we do have an article by Karen on, on our website so if you want to see and you know there’ll be contact, her contact … although we’ll talk about them at the end also.

What is a Thanatologist?

So one of the first questions I’d like to ask you Karen, is what is a Thanatologist? I hope I’m saying it correctly! You are it’s, it’s I think in every podcast, I get asked that question because it’s such a rare, it’s a rare degree I think, uh, it’s the only one in Canada was at the school I went to. It’s a four-year degree um, it’s the study of grief and loss and bereavement, wow, of all different types like non-death loss, suicide, ethics, like it’s interdisciplinary so um, but my whole focus is, we’re trained to look at the world through grief, and so that’s kind of what led, I’ve worked, I’ve worked for um, a lot of years with death loss, but I noticed there’s not a lot of awareness in the divorce field about grief, and how much grief there actually can be, so that’s than Thanatology. It is a, it’s a specific, niche area but um, well needed and I don’t think it’s very recognised um, in the field of divorce as much, so I’d like to you know, as we open up and talk about that I’ll share some of my insights anyways.

Yeah, and I think you’re right because when you talk about grief, the first thing that most people think of the first thought that crosses your mind is death um, in terms of physical death, losing someone that you love, but when we talk about divorce, I’ve noticed and I realised that people will talk about an ending, but there’s more to divorce than just an ending and I’m sure this is what we’re going to talk about.

The death of a relationship: what are the common factors?

So if we start off by talking about just the death of a relationship, I’m sure every relationship has an ending and it’s different for, not every relationship has an ending, every divorce has an ending. I would imagine that it’s different for different people. But maybe there’s some common factors? Yeah, so in my field of grief when I look through the lenses and I’ve worked with people, there’s about four things that are common. Now granted, all grief is unique, right? How you, you know, how we divorce is unique, how we grieve is unique, but certain things I see that’s pretty common, one is that um, they don’t even know that they’re actually maybe grieving. So, they’ve come to me and they’ll, they’ll talk to me and I’ll be like do you know that I think this is grief?

Another thing I noticed is not many people, for death loss and non-death loss, actually know what the symptoms of grief are. Some of them may have headaches, or digestive problems, or cognitive problems right? Maybe they can’t process, or make decisions, and we know divorce is huge of decisions making at the beginning. So there’s a lot of symptoms of grief that they don’t even know and I have to make awareness of that, like we have a sheet in the in the workbook where I say, take a look at this checklist and that awareness can help them go oh, pardon me, go oh maybe I’m actually grieving as well, right? It’s not just anger, and blaming, maybe there’s some major components of grief in my, in my divorce here.

And the third one I noticed when I’ve done support groups is, I’ve brought up the feelings of failure and they generally in the recovery part uh, a lot of people I’ve worked with feel like they’ve failed. And I think that’s society right? We didn’t do the, we didn’t live up to our vows. Society doesn’t like failure, you know we don’t like any bad grades, and um, so that comes up with a lot of divorce.

The last one I want to mention is the post-divorce grief. So, if you’ve been in a difficult, bully type of marriage, and you get out of that marriage, you’ll have to do some processing, the fact that you have to accept that who you were married to. And that is a component of grief as well, and that is for myself as well.

What you, what do you mean? Just, okay so, after you leave a toxic marriage, like you’ve, you’ve left an abusive marriage, as you go through the years and like for me it’s seven years, I’ve had to process the, the grief I felt. I’ve grieved the fact that I was in that marriage for that amount of time and so I’ve had to accept that reality and accept it that, yes I was with this person for 5, 10, 15, 20 years, and it was not a good marriage. And so I felt and I’ve, and others have said to me that they have felt grief about that. Does that make sense to you?

Is it, is it, when, when, when you say that is it because you made the choice that somebody Grieves about, I put myself in this situation and did I put myself in this situation, but I stayed. Yeah stayed and the reality of what that person was, right? And you know, for people that have gone through high conflict, you know, you get out and you’re thinking that’s one step but, there is a grief process of having to accept that, you know, I was in this marriage and, and um, I felt that myself as well.

And does that mean then you just you question your, your choices you question yourself yeah, yeah, yeah and you, you, you do a lot of reflecting right? And, yeah, um, I felt it myself many times, I was like I think I’m, I’m, I grieved the relationship before I left, but over the last like, the last three four years, I’ve had to grieve the fact that I was in this marriage for, this amount of time so, it’s kind of accepting of who I was married to and the choices that I made, but on that you know, we have to practice a lot of self-compassion.

Yeah, I was just thinking if, if somebody came to me and they said that, you know, thinking of themselves a certain way because they chose to marry this person, and stay with this person for a long time, I would, want to, look after them and say you know but you didn’t know, you know, it’s not like you walked in there thinking to yourself I’m walking into this marriage he or she is going, or they are going to be horrible to me but I’m going to go anyway, and I’m going to stay there you know, it’s, then, the not knowing yeah, yeah.

That’s why, for myself and others I’ve worked with you have to practice like you said there’s a lot of self-compassion right, like you have to say, you didn’t know. You know and you tried your best, like a lot of times is, you know you survived you tried your best, and there is just a bit of a component of grief there right.

Do you think that sometimes you have to be ready to leave that relationship?

Can I just ask, do you, do you think that sometimes that you have to be ready to leave a relationship? That if you leave when you’re not ready, you might leave and you might be thinking maybe I could have tried harder, maybe he wasn’t or she wasn’t or they were not that mean to me, so you live with questions, and so if you stay for two years or 3 years, even after you’ve thought I need to leave this relationship and you stay a little bit longer, it’s because you’re, kind of like preparing yourself to leave and you want to be certain that this is what I want to do. You think part of it that um, asks for somebody to, to almost wait until you’re ready and certain?

Yeah, I think a lot of people that go through divorce especially if, if they’ve been swaying a long time, they have to work themselves up to that decision, yeah, um, especially if you have children. For me, uh, personally I was grieving before I left. Okay. For quite some time, yeah, um, even though it was not a good marriage. And, and they say that about the leaver, the person who leaves their marriage, they grieve before they leave and go through, they’re almost like, two or 10 steps ahead of the person that they’re leaving. Is that your experience? Yeah, yeah, that’s my experience as well, but also I just want to mention that they’re, you know, they detach, I think on average is 5 years, but you can also, you can also grieve post-divorce as well.

Right, like I just don’t well like, once you leave, there’s a lot of relief but there can also be moments of, of grief still so, that’s what we call integration of grief where yeah, you’re integrating it more, but I just want to mention that like, I don’t want people to think oh I’ve left and then it’ll never come up again, because, it can for some. And I’ve had people say that even when you’re relieved to have left, that when, when the, I don’t know what you call it in Canada here we call it the decree absolute, when the final decree, yeah, decree absolute, comes through your door and you open it and you see that the marriage has been dissolved this, sometimes it’s like, oh, it’s almost like a moment where you cut yourself. Yeah, yeah, that’s pretty common, yeah, that it’s so I think it’s quite final. Yeah, yeah like it’s like the, the, the, the death of the relationship is final with that decree. Yeah, yeah, I’ve heard that many times as well.

Are the 5 stages of grief (in death) similar to the grief you experience before, during, or after a divorce?

So when, when you just started speaking you were talking about the different stages or you know, what, how, what how the manifestation of grief can present itself in divorce you know in, in post-divorce or in divorce. And, and we know that there’s uh, five stages of grief but you know, when there’s a, death of a loved one, are they similar to, what you go through with um, divorce or are there other stages of grief, or, how would somebody know that oh, I am grieving?

So, I’m just going to, as a Thanatologist um, Kübler-Ross is the, you know she’s the pioneer, one of our pioneers of, grief and loss and palliative is work as well, but Thanatologists don’t use the Five Stages of Grief. We, we use other models, because we don’t think, and I think most people know grief isn’t linear right, I think the five stages is also good, was used and is still used where it’s the brain likes simple things right, so it’s like I’m at this stage, I’m at this stage, I’m at this stage. We don’t use that, we use more if you want a different model is the, uh, Dual Process Model, which is by Stroebe and Schut? Schut? Strut, I think, and it’s more of um, loss orientation here, restorative orientation here, and you ping pang between the both um, so you have, you have your loss, so you’re, you’re grieving here heavy and then all of a sudden your friend invites you out, to go to the movies, and you’re in a bit of restorative and you, so that’s kind of a different model that we use.

That’s just one, that’s one of my favourites, there’s other models so we don’t use the five stages, as I said again, but this, this process of going back and forth is more what I see with divorce and grievers of death loss than, the, the uh, stages of grief.

What are the signs of grieving in a divorce?

What are the signs that somebody is grieving or, you know, in divorce? Um, well that it goes back to the symptoms right, like you can have anger, which could be fear-based, and crying which is the, you know that would be normal, you can be irritable, I find that, behaviourally could be changing. I don’t know if people really know, as I said before if they actually know that they’re grieving right, so other ways overdoing things, like overachieving, or underachieving, or not interested in doing anything. A lot of time grieving they get isolated and they feel down, and that’s okay you know, for a little bit um, sometimes grievers avoid. Right, uh, they tend to avoid a lot and I’m okay with avoiding for a little bit, but in divorce it’s hard to, you know things start piling on, so um, yeah, there’s, there’s um, eating, some people eat too much, and people don’t eat enough.

It can manifest in many ways, the thing about grief too is if it’s, if they’re feeling it, it’s going to come out, right grief, is grief is sneaky that way right, like um, I had a, I had a client uh, recently who started crying at work at a meeting and, she was shocked and, you know she’s like I can’t have this happening and I, you know I said to her you know if, if you don’t get it out somehow, however that is, it can be walking and physically, thinking your way through it because there’s two different, there’s two different types of grieving style that usually generally people sway in between them, it’s intuitive, and instrumental.

And intuitive is when we emote our emotions, and instrumentals when we think our way through and generally people sway between the two. So, for her, you know I told her to kind of lean into that a little bit when she’s feeling it and work through it through journaling, however certain tools for certain different type of grievers um, other ones just want to, you know they want to think their way through it you know, or, or to do things with their grief, that can be, you know, different for everybody. Yeah, yeah.

Is there a timescale when it comes to grieving a divorce?

And, and this might sound like a silly question but I know, one of the things that I struggle with when I’m working with, with um, families or clients where they have had a loss is the question of, but it’s been 18 months you know why are they still, you know, feeling like this so it’s been six months, so it’s been you know, is there, you know what I’m going to ask, is there a time scale, where you would meet somebody and they’re still grieving their divorce six years later, not wanting, is six years too long? Six months? 18 months? You know, what would you say? As a, yeah, like well you’re the psychologist you, you, you know, you know how to work this I personally I, I don’t, within a year or two I don’t, it’s a huge loss for, for some people right, so, and what I look for is baby steps of movement forward right?

What I look for there’s no closure, right, it’s integration is what we call right, so what I like to see is when I’m working with divorce, as well as death loss, is baby steps. And if I see little baby steps, and they’re slowly trying to, but I can tell you I had um, I was doing a grief presentation for a seniors group, and it was, it was a lot of seniors and some of them were widows and widowers, but there was a lady that came on and she’s like I have been divorced for 20 years and you know how angry I am. And that, you know, that I would intervene and say, for 20 years, she was holding on to that, anger and bitterness and you could see on her face right like, that is when intervention needs right, like she needs someone like you, or some grief counselling or, something to help her uh, start rebuilding her life up again so.

I have seen it a few times, um, but generally, the, generally, for most with the right type of support they recover. Yeah, yeah I don’t have a particular timeline um, I like to see little steps. Yeah, yeah, okay yeah, I think that’s fair enough, because you know if somebody just stays static also sometimes, and it continues in that way, I might be tempted to ask what are they gaining from just staying there, what are they um, getting from that because it’s almost like you don’t really want to stay somewhere that’s uncomfortable unless it’s something else is a secondary gain somewhere. But then that depends on how long, you know also.

Whether you have been left or are the leaver, does the reason matter in terms of grief?

Does the reason for the divorce matter in terms of grieving? So two parts to this question there’s a part, the part where the one who’s been left and is grieving, or the leaver who’s leaving because there has been domestic abuse, or there has been, infidelity, you know um, does the reason matter in terms of grief? Yeah I think so, yeah, yeah, I, I think it to me I’ve had it where someone was married to someone for 30 years, didn’t really know exactly what was like, that they were coming like they were coming, going to get divorced had thought they had a lovely family, and they come home and decides to tell this other person that they’re divorcing her, after 30 years.

Difference compared to a couple who’s been who you’ve probably worked with that have tried for years to make this work, and they’re both just exhausted and, it almost feels like the right choice. And I think for grievers, the one that, the, as we said before, the one that was deciding to leave, like I was, I was grieving before, right, and then the one that was left they don’t have a lot of control. So there’s another element of that right, so um, I do find the ones that were, that were left, to sometimes grieve, have harder time, yeah, depending on why right, so cheating, financial abuse, are big ones, yeah, yeah.

And also sometimes it can come as a shock, trauma, like you’re saying with the, the ones who are married for 30 years and then, yeah, you know, it’s like, it’s all over in, in a matter of moments. Yeah and your whole life, kind of like a sudden death, it’s, it’s gone and everything that you’ve built together and that secure base safe haven thing, that attachment system that you had is just, gone and I don’t think there’s a lot of support for those type of people. That’s true, that’s true um, it’s like starting all over again without somebody but then the person, is still present it’s not like they have died, they are still alive.

Do you think that the grief that comes with divorce affects children differently?

Do you think that the grief that comes from a divorce affects children differently, where they’re children than you know, when they’re parents? I was just thinking about that as you know we’re speaking. Yeah, I think, so yeah, uh, I’m also from a divorced family, as a child and any time I transitioned, from my mom who I was very, very attached to, to my dad and his wife, I would cry myself to sleep right, so, um, another thing is, is what parents have to understand is, you know, when you’re co-parenting, this is personal as well as, I want to just tell you guys this, I’m sure you already know this but, when they’re transitioning, you’re going to miss them 50% of the time, because a lot of people have joined custody now right, 50/50.

The child though can be grieving 100% of the time, because once if they’re with their dad, they could be missing their mom, if they’re with their mom, they can be missing their dad. So it’s just kind of awareness of that, yeah, you’re, you’re really missing them, when they’re not with you, just remember that the kids, and myself when I went through it, they’re missing the parents all the time, right, yeah.

Just an awareness thing for, for co-parenting. Yeah, it’s just something I want to um, let people know that children do grieve and I think it, you know depends on as you said the layers of loss, but like you know, one example is like a younger like, three, two, three year old could start peeing their pant, like peeing their bed again or, actually, you know, and I think if I remember correctly age, you know the tweens years are pretty tough for divorce, you know so, um, we have to be mindful of that and I think, sometimes we’re so overwhelmed as a parent when we’re going through divorce, we kind of forget. Yeah, that our kids are grieving as well, about this as well.

Yeah, I think that’s a really good point in terms of um, the children and grieving 100%, you know the transitioning, you know, sometimes they say oh well you have two homes now, you have two Christmases, two birthdays, it’s not really, probably what they would rather have. And probably with what, what you’re saying, maybe encouraging parents to just, read read, read on, the on Children of Divorce, um, even if it’s paying for one session to just have some psycho education around what my children might be going through like you’re saying, the teens and the tweens and the you know, those ones um, who are like 10 to, you know even babies feel it, even babies feel the vacuum that has been left by the other parent not being there and infants.

I think that’s really um, important um, can I just ask how old, if you don’t mind, how old you were when your parents divorced? So I was six months, oh you were six months so when I say babies do, then you know what I’m talking about, yeah, and I never, knew my parents together. Right, so I never had, a mom and dad together, yeah, and back then, so this was the 70s, um, I saw my dad four days a month, okay. Because, yeah, so every other weekend yeah, so I was very, very attached to my mother, yeah, um, that’s just the way it was back then I think, you know, um, it’s gotten a lot better but, with your past?

Yeah like, like with, with shared custody it’s getting better we’re, you know I think there’s still some struggles with that but, yeah I didn’t, I protested, I didn’t want to go, you know and that’s interesting because by the time you were six, from six months, to the time where you became vocal, where you were more, I mean we’re talking about another maybe 12 months before you can just, you know vocalise let’s say for instance or another 6 months, but it’s almost like you, held the knowledge that this is not what I want, although you were just a baby when it, it didn’t, you know how children say oh you people say oh but children are so resilient and um, I usually, usually ask resilient from what? You know they don’t know anything else, what are they bouncing back from? You know.

I think that’s more of a comfort for them, yeah, yeah, than in reality what it is yeah, yeah. I was, I was always pretty, when I met my new stepmother I made it clear at 5, that you’re not my mother. Wow, yeah, yeah, something that that setup you had grown up with it so they wouldn’t you know, they wouldn’t been, someone can assume that oh no this is how she grew up, she doesn’t know any better, and you know, so, yeah, very interesting.

How do you know when a relationship is over?

Yeah, so how do you know when a relationship is over? Someone might be watching this and listening to this and thinking but I’m not sure whether to go or to stay how, how, how does one know that okay this relationship is over? You know, that was like a question I had to really think about because everybody’s so unique as well you know. For me personally I’ll tell you what happened to me was cracks were starting to show up. I would ask my friends certain questions, I would ask my family that were divorced already, I’m like oh so how did that go? Like things were starting, I was, think I was starting to plan things. I went to the library, I was starting to look up things, and then it kind of dawned on me that I started to talk about it more, and I was building up to leaving now I was in a very difficult marriage.

So that’s how I built the courage to leave mine right, I kind of started planning. Um, I’ve had clients where they said they were, they were getting they were going out they were embarrassed of their ex. I’ve had it where they had felt contempt, um, communication breakdown you know, the Gottman is the famous couple in the states they’ve done a lot of good research there, I’m sure they have great podcasts that you guys can listen to but, uh one of the questions, because everybody asked this right how do I know and I, I, I wish there was some golden, assessment right where we could give them and say okay here take this book, take this little checklist, like the DSM5 and check off this, but you, there, there’s nothing like that right.

So one of the things I, one of the things I, I’ve done to a few clients and said okay so, if you were to go home and all their things were packed up at the door, like all of it was packed up, and they were leaving, I want you to write about that. How would you feel about that? And see what comes up right, so see how you feel if you’re, feeling really terrible about it then maybe you guys can work it out or there’s just something smaller going on um, it’s a unique, it’s unique to everybody I don’t have a, yeah, like a, the right answer for everybody.

I actually think that’s a pretty good assessment, oh, do you? Yeah I actually do because then it makes it very, very personal, and somebody might think oh okay I get home, and his bags are packed or, he’s left how am I going to feel. Um, and they might think oh I’m not sure, so that can kind of say well no you’re not sure so maybe things can work out. If somebody’s like oh my god, please let that happen, let it be so then maybe it’s, it’s time to think, if somebody else thinks no I can’t do that because of the children, yeah, I think it’s a pretty good way of assessing the situation, whether to go, yeah and I would like them to write like, I’d like them to if they you know I’m, I’m, I love narrative therapy so it’s like write it down like maybe write reflect on what you’re thinking. Really reflect on it, really reflect on it, yeah, because it’s not, it’s it shouldn’t be a decision taken lightly, you know.

It is a, it is a huge decision I think that’s why people take so long in leaving because if you, if you have kids but I, I’m working with somebody that doesn’t have kids and it’s still been a really tough decision, you know, yeah, because even when they’re no kids it’s still a family, a couple is still a family. They’re a family, and that’s what, the one, the one I, I’ve been working with she’s like but they’re my family, you know, and that hurts right and, and, and it’s painful. Yeah, yeah.

How do you get to the acceptance stage after a divorce?

A lot of the times you’ll he not just in divorce and um, in grief but a lot of the times people say you just have to accept that it’s over, you just have to accept that it’s over which is nice, and it’s great to say that and it’s true, but how do you get to acceptance? That’s a huge step.

Yeah, acceptance in the grief world there’s a couple of things, acceptance of the reality of the loss, and then on the other end is trying to make meaning out of it all. So, acceptance is, so in my field is if you think about it we talked about this already the layers of loss right, so um, think about it this way, so we have, when we’re divorcing, we have intangible losses. Right such as your identity right, and then you have tangible losses, which is like the house, the chattels right, the stuff in your home, the money that’s going out for legal bills, stuff like that and then, so, acceptance of a loss is great we, we all want them to get there, but there’s a lot of loss to get through, right. And to get through all those layers of losses you have to know that you have all these layers of losses, and then you have to accept those layers of losses.

And then we need to start, rebuilding your life so if you think about it as, if you have a house, and you have a foundational crack, and the crack is the divorce, and the acceptance is kind of you’re slowly trying to heal that crack a bit, but then you’re trying to rebuild it with bricks right, your new life, you’re trying to make meaning out of this painful situation. And, once you start doing that, then slowly the acceptance is starting to happen and then you’re rebuilding your life and, and that’s kind of that making meaning bit again, if that makes sense to you? Yeah, yeah, making meaning of your experience, I’m yeah, and, and integrating that into rediscovering who you are again right, like, I’m sure you’ve talked to many people that it’s, you know, working on rediscovering who you were, and who you are now, is part of part of recovering too, so.

But rebuilding, yeah, rebuilding your life up, because that’s what divorce is too, it’s, it is rebuilding, the life that you want or that you, you’ve been given, right because if you’ve been left, and I, the thing is though it’s funny as a Thanatologist people always say well how do I do this, how do I make meaning um, how do I re, and I’m like I, that’s I can suggest things for you, but ultimately it’s up to you what fills you up right, and that takes time as well. Yeah. That’s more in the recovery like section of a divorce, yeah, the recovery can be a long process, and I think what I have heard is, for those, you know earlier on when you were talking about those who will throw themselves into their jobs and into their work so they will just preoccupy themselves, what I’ve noticed is that sometimes, it can come back later to catch up with them, in one form or the other maybe, they just don’t want to have another relationship, or they jump into another relationship quite quickly and um, without having dealt with, everything else that was, you know, that was coming from there and they walk into this one with everything that’s there.

What advice would you give to someone who is putting up a front but internally, stuck in their past relationship?

Let’s say I’m your client, let’s pretend I’m your client and I’ve come to you, and it’s been, three years since my divorce, and I’m still struggling um, I’m going out, I’m seeing people, I’m putting up a front as in, no I’m good it’s okay I know he’s happy, I’m happy and everything, but inside me I’m, struggling. You’re still stuck and I’m yeah, exactly, I’m still stuck. What, what advice would you give me? The thing that I look for most people that are stuck is I want to know what their solid support systems are like because, what type of friends are they doing, are they, so, if you have in, in my cases that I’ve, that I’ve dealt with as well as in death loss and divorce loss is the ones that have, the best support systems, do better.

Okay, so, I’m not talking about just friends, I’m talking about do you have good peer support. Peer support meaning are you talking to other people that have either gone through divorce, or are in, have been with you kind of at the same time of divorce, but they’re good for you right, they’re not making you angry, they’re not making you uh, more sad, so peer support I look for.

I also look for yourself right, so that’s when um, how are they actually? Are they leaning into their feelings? Are they um, distracting like we talked about before avoiding because avoidance and grief, go hand in hand because who wants to be in that much pain and then the other ones is professionals, like maybe they need to see you, right like maybe they need a counsellor, they need therapists to work on their whole life story right, like um, maybe they’re feeling at the core rejected, right um, and then the fourth one is friends and family.

But, but the thing is with friends and family is, and I actually have an exercise in the book about this, is you need to make sure you’re, you’re being supported by the right type of friends and family, right because sometimes you’re not, sometimes you’re not going to be supported if you’re picking the wrong people to support you right. So, so that’s kind of what I look at, for first thing and that’s just kind of the Thanatologist me because I’ve seen it where even with the loss of a child, when I’ve worked with mothers, which I’ve done quite often is, if they have a, this type of support system, which is very difficult loss they tend to um, they’ll always grieve forever but they tend to do better than ones that are not um, well supported. Yeah, if that answers some of that question?

It does, it does and I think um, that part where you’re talking about choosing who’s going to be your support system, who’s going to be there for you because you can have some really well-meaning friends and family um, who are there on your side but, you know um, and consciously or without you know being aware of it they’ll be uh, fanning the flames of your anger, so you then they’ll be like so what has he done now, what has she done now, I would never, you know what, I’ll email him and you know, and all of that I’m not, you I wouldn’t take that if I were you, so that’s kind of like choosing who you know, who’s actually nurturing you.

Right and is that healthy for you? Yeah, yeah, yeah, right, and I also want to say is with the peers, that’s why I said you got to be mindful of the divorce peers because if you have one that’s like, really angry, well you’re going to feed off that right like we all feed off each other right so if they’re really angry and, you know you’re going to start getting angrier and, and so it’s just to be mindful of who you’re spending time with because you want, you want to be able to get validated, but you also need to start, you know, moving forward so um, those are something that, you know that I would look at closely. Yeah.

Finally, Karen could you tell us a little bit about your, your Divorce Workbook we’ve mentioned it just before um, that’s supposed, it’s coming out this Autumn. So, what is it about? where can we get it? Um, just how would it help somebody?

So this is going to be on Amazon, we’ve actually, we actually included um, some UK bits in it too because um, yeah, because divorce is, divorce, divorce right, wherever you go I mean it’s a different cultures everything but um, this Divorce Workbook we, we worked on it for about two years and about, 49 of, it’s 200 pages about 49 of that is self- test and little workouts, that I’ve designed and Kirks designed and um, they’re all to help you engage in the divorce process so um, example one of them is in the financial information is, are you anxious about money? Right, and it’s just a simple exercise, and it’s a great foundational workbook um, for those that are exploring or going through divorce.

It’s not going to replace the lawyer, the mediator, or the counsellor, or the, you know uh, financial people, but it is going to give you a good foundational start, because I don’t really think many people who haven’t been through divorce know exactly what divorce is like and it, it’s based on six units so the first unit is insights right, so, this is kind of some exercises and some tips on what it’s really like and then there’s legal information like, how to keep your legal bills down, how to pick a good lawyer, uh, what does the divorce process kind of look like, and then there’s emotions, which is, you know my favourite unit, unit.

Um, and then there’s a financial information, and then co-parenting, because that’s a big adjustment no who knows how to do that you know right it’s, it’s tough and then there’s recovery which is uh, probably the best easiest unit right, out of all of divorce right, but so yeah, we’ve been working hard we’re super excited and we wanted to do it because we wanted to make it an affordable option. Yeah, so everybody could get it, not just you know because, there’s a lot of great stuff out there but, we want to make it affordable for everybody.

Yeah, yeah, and I think what you’re talking about the different units that you’re talking about it sounds like they go from, they can help while you’re thinking about it and, and wondering about it to just after you have left but there, there are two units there that I think uh, and you put them just both of them right back to back at the end um, one of the big ones is the co-parenting bit which is um, always such a big deal but I’ve had solicitors saying that a lot of the times the financial bit tends to be the one lingering longest, they can reach the co-parenting bit and then the financial bit is the one that lingers longest and can end up costing a lot of money. And deciding on co-parenting when you’re grieving also and you’re full of anger and you’re full of rage and um, you’re not eating well you’re not sleeping well and, and the kids are not, pretty much doing the same as you it can be quite challenging, quite difficult.

You have to almost be the, the best parent, at the worst time of your like, could be, if you’re, you know like you’re super stressed, you’re not sleeping, you’re not eating, you, you could be crying, you know you having to work, you have to do it all, and you’re doing it all on your own now. Yeah, however percentage of the time, yeah, and what I, you know this better than I do but a lot of times you have to learn to repair, right, so if you over speak with your kids or you’re a little bit irritable, you shout or something, you show up as a human and say you know what mommy’s just having a bad day and I’m very sorry and um.

Exactly. The number of times that I say that to parents, and I’m not just saying the ones who are going through divorce but also just when I’m running parenting groups and I just say, if you make a mistake and you know you’ve made a mistake just say sorry, you know just say sorry, it’s not going to, show you as being weak or, you know, but it’s just saying you know what, no you’re right I shouldn’t have said that, really sorry about that, you know. Yeah, um, and also when parents argue in front of the child which can happen and will happen during divorce, almost certainly I would say, and sometimes I have parents who will be, you know oh no we had this this really huge argument before when he came to drop, you know, drop off the children, and I’ll say so were the children there? Yeah they were there, so what have you said to them, oh no, oh no, no nothing we haven’t talked about it.

And exactly, and I’m like well, um, you might want to talk about it because they have not forgotten, you know, it’s not like they, they forget about it just talk to them about it and say I’m really sorry that, you saw what happened or what, you heard what I said to daddy not right, not good, I’m really sorry that I put you through that.

Another thing I want to mention too as a child of divorce too is um, the tension that is felt with no talking, yeah, so transition days, there’s absolutely silence but the tension a child feels it’s like thick and I, and I would think it would be mindful for everybody that’s going through this is, is you may just want to try to act, civil, for the child’s sake so, you don’t need to talk like no tomorrow you just say hello and try to just make it as, as easy, win the Oscar, whatever, you have to do hello, right, win the, just hello, here yes, you know what I mean and it could just help the kids because I felt a lot of anxiety on transition days and it wasn’t like they were always fighting in front of each other it was just the heaviness of it all.

Should separated parents still get each other Father’s Day / Mother’s Day cards?

Yeah, yeah, yeah, um. I have one last question just because we’re talking about um, I want your view on this, I say this to parents but sometimes they’re like you out of your mind I am not doing that I kind of encourage them to, still give Father’s Day cards and Mother’s Day cards and even though you cannot stand your ex, just not for you, it’s from the children. Let’s go get your mum a card, let’s go get your dad a card, you know you pick it and then they write it and they give it, because otherwise would you think, you think. Yeah I think it’s good. Yeah.

My parents never did that um, but remember the 70s there wasn’t a lot of, I think research was starting back then so, I give my parents, they did the best they could with the, little knowledge they had. But yeah, it’s very hard, um, very hard, to do that but it, it is for the betterment of the children, right because children are pretty you know, if, if co-parenting’s done right, children turn out okay. Yeah. Right. Yeah, yeah they do, they do.

Karen thank you so very much for taking the time to speak with us and you know at The Divorce Magazine and I hope our readers, I know our readers, and our, because it’s going to go on the divorcemagazine.co.uk website as well, oh great, and it’s going to go on um, our YouTube channel and then it’s going to go on The Divorce Magazine LinkedIn, and so forth, um, I can’t wait for people to listen to this because I think the knowledge that it’s okay to grieve for a lost relationship and okay whe, whether you’re aware of grieving for a lost relationship or not, it does, it doesn’t mean that you don’t go through it.

Thank you very, very much for taking the time and thank, thank you for having me on um, it’s really, I have a real passion to try to, yeah, make more people aware of this um, the grief of divorce. So, yeah, yeah. Thank you very much you’re doing a good job doing it now the work was out. I hope so. Thank you very much, thank you.

How can people contact you? Oh yeah, so I’m um, www.divorceworkshop.ca you can email me at karen@divorceworkshop.ca we’re on Instagram, Facebook, and LinkedIn, and YouTube as well so. Do you work with people just from all over the world? Yeah, yeah, because it’s grief, like because it’s, it’s not legal and not financial it’s like I can, I do yeah, I, I, I, do all over the world, yeah, and you’re super qualified as well so yeah, yeah I tried!

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About Karen Omand BASoc BAThan CT

Karen Omand, holding degrees in sociology and thanatology, specialises in guiding individuals through grief, drawing from her own experiences of high-conflict divorce, parental loss, and abusive marriage. Focusing on the often-overlooked realm of grief in divorce, she co-founded the Divorceworkshop in 2021 with Kirk Mosna, aiming to empower those on the divorce journey. As a certified Grief Counsellor and Divorce Specialist, Karen advocates for greater awareness of grief in divorce, aiding both recovery and pre-decision detachment. She is the co-author of The Divorce Workbook, coming out this summer.

Alongside Kirk, she assists individuals in informed decision-making, proactive preparation, and strategic planning for healing and recovery. Her story of resilience and empathy inspires others to navigate divorce with courage. Connect with Karen on  InstagramFacebook, and LinkedIn check her website Divorceworkshop.ca, or sign up for the Divorceworkshop’s newsletter.

Grandparents' Rights: How They Can See Their Estranged Grandchildren
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Grandparents’ Rights: How They Can See Their Estranged Grandchildren

Nicki Mitchell
Nicki Mitchell
Partner
Jones Myers

The contribution of grandparents, which is celebrated on Sunday, October 6 this year, is a reminder of the formative role they play in their grandchildren’s upbringing, wellbeing and development.

Sadly, these vital bonds can be severed if the children’s parents’ divorce or separate. Here are some questions we are often asked about grandparents’ rights.

What are grandparents’ rights?

As the law stands, grandparents have no automatic legal right to contact with their grandchildren.

What happens if the parents break up?

Grandparents involvement with their grandchildren takes on an even greater importance during divorce and separation when their homes can become a stable haven away from the stresses and strains of their parents’ break up.

The loss of such intimate connections can impact upon a child’s emotional welfare and be detrimental to their overall wellbeing.

In situations like this it is possible for grandparents to make an agreement with the children’s parents regarding contact with their grandchildren.

Arrangements can be agreed informally, or through a formal agreement drawn up by experienced family lawyers. Agreements often include when grandparents can visit their grandchildren and /or contact them by phone or email, and any other provisions they wish to make.

Is mediation an option in such cases?

Yes, family mediation offers a non-confrontational option where grandparents and parents can commit to reaching a solution in a spirit of communication and cooperation.

How does mediation work?

An experienced and impartial mediator like me would have a confidential Mediation Information Assessment Meeting (MIAM) with the grandparents.

After establishing that this option is the right way forward, the mediator meets separately with the grandchildren’s parents. Both parties then sign an ‘Agreement to Mediate,’ enabling negotiations to continue on a ‘without prejudice’ basis.

Both grandparents and parents can each appoint and retain their own solicitors who can, where appropriate, also attend the mediation discussions and consult with them outside of the meetings.

Agreed arrangements for contact with grandchildren can be compiled in an agreement signed by parents and grandparents. The process can be completed in as many or as few meetings as are required to reach agreed solutions.

What if the children’s parents refuse to mediate?

In situations where an agreement cannot be reached, grandparents can apply for permission from the court to apply for an order, known as a Child Arrangement Order from the Family Court to see their grandchildren. Experienced family lawyers can also assist and guide clients through this process.

The emotional and physical bonds between grandparents and their grandchildren are unique. Ensuring their continuity will go a long way to enhance their grandchildren’s stability and advancement in their formative years ahead.

Read more articles by Nicki Mitchell.

About Nicki Mitchell

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.

A skilled mediator, child inclusive mediator and collaborative family lawyer Nicki champions Alternative Dispute Resolution processes which avoid a lengthy court process and can lead much more quickly and cost effectively to a successful resolution.

Her exceptional track record also includes advising clients on the more traditional methods of resolving issues surrounding family breakdowns. Direct Dial: 01904 202553 or email  Nicki.mitchell@jonesmyers.co.uk  www.jonesmyers.co.uk

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